Definitions, Examination, Course Approval, Prelicensure and Continuing Education, Disciplinary Guidelines, Standards of Practice, Interior Components, Standards of Practice, Exterior Components
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
RULE NOS.:RULE TITLES:
61-30.101Definitions
61-30.103Examination
61-30.503Course Approval, Prelicensure and Continuing Education
61-30.602 Disciplinary Guidelines
61-30.807 Standards of Practice, Interior Components
61-30.810 Standards of Practice, Exterior Components
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rules in accordance with Section 120.54(3)(d)a., F.S., published in Vol. 39, No. 6, January 9, 2013, issue of the Florida Administrative Register.
61-30.101 Definitions.
(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 the appliances are part of the intended real estate transaction.
(15) Inspect: To examine readily accessible systems and components of a home in accordance with the Standards of Practice adopted by the Department in Rules 61-30.801 through 61-30.811 61-30.812, F.A.C., using normal operating controls and opening readily openable access panels
(16) through (36) No change.
61-30.103 Examination.
(1) Any person desiring initial licensure by examination as a home inspector must pass one of the written examinations approved by the department which may be found at http://interredesignalpha/dbpr/pro/homein/approved_exams.html.
(2) through (4) No change.
61-30.503 Course Approval, Prelicensure and Continuing Education
(1) No change.
(2)(a) Application for prelicensure or continuing education courses must be submitted using the Home Inspector Course Application, form number DBPR HI 0404, “Education Course Application”, effective April March 2013, adopted and incorporated herein by reference. The form may be obtained by contacting the department at the following address: Home Inspection Licensing Program, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783 or at ______________.
(b) through (c) No change.
(3) through (9) No change.
Form DBPR HI 0404 is amended in the following way:
Page one:
The checklist language is amended to read “List the instructors for each course and license number of each home inspector instructor.”
1.c.iv. is amended to remove language referring to instructors being approved by the department.
Page two:
2.d. is added to read “Please indicate if the course is a Pre-Licensure Education course, our a Continuing Education Course.” 2.d. and 2.e. have been renumbered accordingly.
Page four:
Section IV is amended to read as follows:
COMPONENT INFORMATION
Pre-Licensure Education
Must address home inspection services or the components of a home, including the limited visual examination of the readily accessible installed systems and components of a home for the purposes of providing a written report of the condition of the home, for a total of 120 hours.
Continuing Education
Must address one or more of the following eight topics: the structure, electrical system, HVAC system, roof covering, plumbing system, interior components, exterior components and/or site conditions that affect the structure.
Section V – Approval by other Boards, has been added to the form requesting information regarding any previous board approval of the course.
Throughout the application, reference to “20 hours of field based practical coursework” has been removed.
61-30.602 Disciplinary Guidelines.
(1) Whenever the department finds a licensee in violation of a provision of Chapter 455 or 468, Part XV, F.S., the following Disciplinary Guidelines shall be followed. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included:
Statutory Violation
Description of Violation
Penalty Range for First Violation.
Penalty Range for Subsequent Violation.
(a) through (g)
No change
(h) 468.832 (1)(h)
Failing to perform any statutory or legal obligation placed upon a licensed home inspector; violating any provision of Chapter 468, Part XV, this chapter, a rule of the department, or a lawful order of the department previously entered in a disciplinary hearing; or failing to comply with a lawfully issued subpoena of the department.
Fine up to $1000, plus reprimand, probation, or suspension.
Fine up to $5000, plus probation, suspension, or revocation.
(i) through (n)
No change
(o) 455.227(1)(j)
Aiding, assisting, procuring, employing or advisinge an unlicensed person or entity to practice profession contrary to Chapter 468, Part XV, or 455, or rules of the department.
Fine up to $1000, plus reprimand, probation, suspension, or revocation.
Fine up to $5000, plus suspension, or revocation.
(p) through (w) No change.
(2) through (3) No change.
61-30.807 Standards of Practice, Interior Components.
(1) No change.
(2) The inspector shall inspect all of the visible and readily accessible interior components. When inspecting doors and windows, the inspector may inspect a representative number of doors and windows. The inspector shall inspect household appliances for normal operation – using normal operating controls to activate a primary function. Inspectors will not operate systems or appliances with owners’ belongings, or 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.
(3) through (4) No change
61-30.810 Standards of Practice, Exterior Components.
(1) through (2) No change.
(3) The inspector is not required to inspect:
(a) through (c) No change.
(d) Outbuildings, with the exception of garages and carports;
(e) No change.
(4) No change.
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