The purpose and effect of the proposed rules is to implement changes suggested by the Joint Administrative Procedures Committee.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NOS.:RULE TITLES:

61-30.101Definitions

61-30.807Standards of Practice, Interior Components

61-30.810Standards of Practice, Exterior Components

PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to implement changes suggested by the Joint Administrative Procedures Committee.

SUMMARY: The proposed rules address the concerns from the Joint Administrative Procedures Committee.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department conducted an analysis of the proposed rules’ potential economic impact and determined that they did not exceed any of the criteria established in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 455.2035, 455.2178(5), 468.8325 FS.

LAW IMPLEMENTED: 455.2178, 455.2179, 468.8311, 468.8313(3), 468.8323, 468.832(1)(j) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Morrison, Executive Director, Home Inspector Licensing Unit, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61-30.101 Definitions.

As used in this chapter, the following terms have the following meanings:

(1) through (13) No change.

(14) Household Appliances: Ranges, cook-tops, built-in dishwashers, food waste disposers, garage door openers, built-in ovens, built-in microwave ovens, refrigerators, freezers, clothes washers, clothes dryers, built-in trash compactors, ceiling fans or whole-house fans, if present and if outlined in the scope of services disclosure or contract the appliances are part of the intended real estate transaction.

(15) through (25) No change.

(26) Scope of Services Disclosure or Contract: The contract or documented disclosure form completed by the home inspector and the owner of the real property which includes the listed home inspection services the home inspector is responsible for providing during the home inspection, including any additional items or property inspected.

(26) through (36) renumbered (27) through (37) No change.

Rulemaking Authority 455.2035, 455.2178(5), 468.8325 FS. Law Implemented 455.2178, 455.2179, 468.8311, 468.8313(3) FS. History–New 10-22-13, Amended_________.

 

61-30.807 Standards of Practice, Interior Components.

(1) No change.

(2) The inspector shall inspect all of the visible and readily accessible interior systems and components. When inspecting doors and windows, the inspector may inspect a representative number of doors and windows. The inspector shall inspect household appliances to determine whether the appliances are significantly deficient or are near the end of their services lives, if possible, for normal operation using normal operating controls to activate a primary function. Inspectors will not operate systems or appliances identified as with owners’ belongings nor if there is a risk to the property being inspected. Inspectors will first review the system to be operated and use professional judgment as to whether it is safe to operate using normal operating controls and report accordingly. The appliances to be inspected must be included on the Scope of Services Disclosure or Contract.

(3) through (4) No change.

Rulemaking Authority 468.8325 FS. Law Implemented 468.8323, 468.832(1)(j) FS. History–New 10-22-13, Amended_________.

 

61-30.810 Standards of Practice, Exterior Components.

(1) Exterior systems and components include the following:

(a) through (e) No change.

(f) Garages and carports.

(2) No change.

(3) The inspector is not required to inspect:

(a) through (c) No change.

(d) Outbuildings, such as sheds, with the exception of garages and carports;

(e) No change.

(4) No change.

Rulemaking Authority 468.8325 FS. Law Implemented 468.8323, 468.832(1)(j) FS. History–New 10-22-13, Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Richard Morrison, Executive Director, Home Inspector Licensing Unit, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 6, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 22, 2013