Definitions, Examination, Provider Requirements, Prelicensure and Continuing Education, Course Approval, Prelicensure and Continuing Education, Disciplinary Guidelines, Notice of Noncompliance, Standards of Practice, General, Standards of Practice, ...
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
RULE NOS.:RULE TITLES:
61-30.101Definitions
61-30.103Examination
61-30.502Provider Requirements, Prelicensure and Continuing Education
61-30.503Course Approval, Prelicensure and Continuing Education
61-30.602Disciplinary Guidelines
61-30.603Notice of Noncompliance
61-30.801Standards of Practice, General
61-30.802Standards of Practice, Structure
61-30.803Standards of Practice, Electrical Systems
61-30.804Standards of Practice, HVAC Systems
61-30.805Standards of Practice, Roof Covering
61-30.806Standards of Practice, Plumbing Systems
61-30.807Standards of Practice, Interior Components
61-30.810Standards of Practice, Exterior Components
61-30.811Standards of Practice, Site Conditions that Affect the Structure
61-30.812Standards of Practice, General Limitations and ExclusionsNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 7, January 10, 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.
(15) Inspect: To examine readily accessible systems and components of a home in accordance with the these Standards of Practice adopted by the Department in Rules 61-30.801 through 61-30.812, F.A.C, using normal operating controls and opening readily openable access panels.
(16) through (19) No change.
(20) Readily Accessible: Available for visual inspection without requiring dismantling or destructive means to gain access, moving of items, including but not limited to, furniture, personal property, stored items, clothing, wall or floor covering, or debris, dismantling, or any action which will likely involve risk to persons or property. For the purposes of this definition, readily accessible includes taking apart or opening a device normally taken apart or opened during the course of normal and routine home maintenance, including opening electrical panels covers or removing electrical panel covers if safe to do so and if it can be done easily without damaging property.
(21) 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 ____________(link to the website where we can list the approved examinations). The department approves the following written examinations:
(1) The National Home Inspector Examination (NHIE) approved by the department and given by the Examination Board of Professional Home Inspectors (EBPHI). Applicants must achieve a passing grade pursuant to the requirements of the NHIE, Sections 455.217 and 468.8313(4), F.S.
(2) Any other examination approved by the department for the purposes of examination under Section 468.8313, F.S.
(2) For purposes of Section 468.8313, F.S. “nationally recognized entity” means an organization that has national recognition in the home inspection industry and offers programs or sets standards that ensure the competence as a home inspector.
(3) Standards for approval of examination:
(a) The examination is proctored; and
(b) The examination covers the following systems and components of a home: the structure, electrical system, HVAC system, roof covering plumbing system, interior components, exterior components, and site conditions, that affect the structure.
(4) (3) The fees for examination and re-examination shall be determined by the vendor and paid by the applicant directly to the vendor providing the examination for licensure.
Rulemaking Authority 455.2035, 455.217(1)(d), 468.8325 FS. Law Implemented 455.217, 468.8313 FS. History–New ______.
61-30.502 Provider Requirements, Prelicensure and Continuing Education.
(1) through (3) No change.
(4) To maintain status as a prelicensure or continuing education provider, the provider must:
(a) Require each course taker licensee to complete the entire course or seminar in order to receive credit for the course.
(b) Provide the Florida Department of Business and Professional Regulation (DBPR) provider number on all course advertisements.
(c) Furnish each course taker licensee with an individual certificate of attendance that contains the course taker’s licensee’s name, the course taker’s licensee’s license number if they have a license, provider name, provider number, course name, course number, date of the course completion and the total number of hours successfully complete in each subject.
(d) through (f) No change.
(5) No change.
61-30.503 Course Approval, Prelicensure and Continuing Education.
(1) Prelicensure and continuing education courses shall be valid for purposes of the licensure and continuing education requirement only if such courses have received approval from the Home Inspection Unit before the course is offered.
(2) The department shall approve education courses for two years from the date approved when the following requirements are met:
(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 March 2013 July 2012, 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) The course provider shall submit to the department the following for course approval before the course is offered: an application, a detailed course outline describing the course’s content and subject matter, and a written statement that explains in detail how the course relates to the practice of home inspection services as defined in Section 468.8311(4), F.S.
(c) No change.
(3) No change.
(4) Continuing education courses must address one or more of the eight components of a home home inspection subjects and shall not involve the promotion or sale of any products.
(5) The following criteria shall be considered when approving continuing education courses:
(a) Previous approval by the Construction Industry Licensing Board, the Board of Professional Engineers, the Board of Architecture and Interior Design, the Building Code Administrators and Inspectors Board, or the Electrical Contractors’ Licensing Board, so long as the courses pertain to one or more of the eight components of a home;
(b) For general continuing education courses, course topics concerning home inspection services or the components of a home, including the limited visual examination of the following readily accessible installed systems and components of a home for the purpose of providing a written report of the condition of the home:
1. The structure,
2. Electrical system,
3. HVAC system,
4. Roof covering,
5. Plumbing system,
6. Interior components,
7. Exterior components, and
8. Site conditions that affect the structure.
(c) The required two (2) hours of instruction regarding hurricane mitigation training shall include training on completion of the “Uniform Mitigation Verification Inspection Form,” OIR-B1-1802 (Rev. 01/12), incorporated by reference in Rule 69O-170.0155, F.A.C. (eff. 2/1/12).
(6) For prelicensure courses, course topics concerning home inspection services or the components of a home, including the limited visual examination of the following readily accessible installed systems and components of a home for the purposes of providing a written report of the condition of the home:
1. The structure,
2. Electrical system,
3. HVAC system,
4. Roof covering,
5. Plumbing system,
6. Interior components,
7. Exterior components, and
8. Site conditions that affect the structure.
(7)(5) No change.
(8)(6) No change.
(9)(7) Instructors:
(a) To demonstrate the education and/or experience necessary to instruct home inspectors for continuing education credit, instructors must submit a resume and be approved by the department to teach the course, or parts of a course, to which the instructor is assigned.
(b) No home inspector or provider who is under disciplinary restrictions pursuant to any order of the department may conduct continuing education. Upon receipt of notice that an instructor is under discipline, the provider shall, within seven (7) days, write to the Home Inspection Licensing Program and confirm that the instructor is no longer instructing any course or seminar offered by the provider.
(c) Upon a change of instructors, the provider shall submit the credentials of the new instructor to the department for approval.
(a) All instructors must hold active or inactive licenses as home inspectors; and
(b) Providers may not use instructors who are currently suspended or revoked due to disciplinary action against their license.
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) 468.832 (1)(a)
Violation of any provision of Chapter 468, Part XV or 455.227(1)F.S.
Fine up to $1000, plus reprimand, probation, or suspension.
Fine up to $5000, plus probation, suspension, or revocation.
(b) 468.832 (1)(b)
Attempting to procure a license by bribery or fraudulent misrepresentations.
Fine up to $1000, plus reprimand, probation, suspension, revocation, or denial of license.
Fine up to $5000, plus probation, suspension, revocation, or denial of license.
(c) 468.832 (1)(c )
or
Having a license to practice home inspection services revoked, suspended, denied or acted against in another state, territory or country.
Fine up to $1000, plus reprimand, probation, suspension, or revocation.
Fine up to $5000 plus reprimand, probation, suspension, or revocation.
(d) 468.832 (1)(d)
or
Being convicted, found guilty, pleading nolo contendere to, regardless of adjudication, a crime in any jurisdiction that directly relates to the practice or ability to practice home inspection services.
Fine up to $1000, plus reprimand, suspension, or revocation.
Fine up to $5000, plus revocation.
(e) 468.832 (1)(e)
or
Making or filing a report or record the licensee knows to be false, willfully failing to file a record or report required by state or federal law, willfully impeding or obstructing such filing.
Fine up to $1000, plus reprimand, probation, suspension, or revocation.
Fine up to $5000, plus revocation.
(f) 468.832 (1)(f)
Advertising goods or services in a manner that is fraudulent, false, deceptive, or misleading in form or content.
Fine up to $1000 plus reprimand, probation, or suspension.
Fine up to $5000 ; plus reprimand, probation, suspension, or rpevocation.
(g) 468.832 (1)(g)
Engaging in fraud, deceit, negligence, incompetence or misconduct in the practice of home inspection services.
Fine up to $5000, plus reprimand, probation, suspension, or revocation.
Fine up to $5000, plus reprimand, probation, suspension, or revocation.
(h) 468.832 (1)(h)
Failing to perform any statutory or legal obligation placed upon a licensed home inspector; violating any provision of 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) 468.832 (1)(i)
Practicing on a revoked, suspended, inactive or delinquent license.
Fine up to $1000, plus reprimand, probation, suspension, or revocation.
Fine up to $5000, plus probation, suspension, or revocation.
(j) 455.227(1)(a)
Making false, fraudulent, deceptive or misleading representations in or related to the practice of the licensee’s profession.
Fine up to $1000, plus reprimand, probation, or suspension.
Fine up to $5000, plus reprimand, probation, suspension, or revocation.
(k) 455.227(1)(b)
Intentionally violating any rule adopted by the department.
Fine up to $1000, plus reprimand, probation, or suspension.
Fine up to $5000, plus suspension, or revocation.
(l) 455.227(1)(g)
Having been found civilly liable for knowingly filing a false report or complaint with the department against another licensee.
Fine up to $1000, plus reprimand, or probation.
Fine up to $5000, plus suspension, or revocation.
(m) 455.227(1)(h)
Attempting to obtain, obtaining or renewing a license to practice by bribery or fraudulent misrepresentation or through an error of the department.
Fine up to $1000; Plus Reprimand, Probation, Suspension, or Revocation.
Fine up to $5000; plus probation, suspension, or revocation.
(n) 455.227(1)(i)
Failing to report to the department any person who the licensee knows is in violation of Chapter 455, the chapter regulating the alleged violator, or the rules of the department
Fine up to $1000, plus reprimand.
Fine up to $5000, plus probation, suspension, or revocation.
(o) 455.227(1)(j)
Aid, assist, procure, employ or advise 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) 455.227(1)(k)
Failing to perform any statutory or legal obligation placed upon a licensee.
Fine up to $5000, plus reprimand, probation, suspension, or revocation.
Fine up to $5000, plus suspension, or revocation.
(q) 455.227(1)(m)
Making deceptive, untrue or fraudulent representations in or related to the practice of the licensee’s profession.
Fine up to $1000, plus reprimand, suspension, or revocation.
Fine up to $5000, plus revocation, or denial of license.
(r) 455.227(1)(n)
Exercisinge influence on client for improper financial gain of the licensee or a third party.
Fine up to $1000, plus reprimand, probation, suspension, or revocation.
Fine up to $5000, plus reprimand, probation, suspension, or revocation.
(s) 455.227(1)(o)
Practicing or offering to practice beyond the scope permitted by law or accepting and performing professional responsibilities the licensee knows, or has reason to know, the licensee is not compentent to perform of a license.
Fine up to $1000, plus reprimand, or probation.
Fine up to $5000, plus suspension.
(t) 455.227(1)(p)
Delegating or contracting for the performance of professional responsibilities by a person when the licensee delegating or contracting for performance knows or has reason to know, such person is not qualified by training, experience, and authorization when required to perform them.
Fine up to $1000, plus reprimand, or probation.
Fine up to $5000, plus suspension, or revocation.
(u) 455.227(1)(q)
Violating any provision of Chapter 468, Part XV, or 455, rules of the department or any lawful order of the department.
Fine up to $1000, plus reprimand, or probation.
Fine up to $2500, plus probation, or suspension.
(v) 455.227(1)(r)
Improperly interfering with an investigation, inspection or disciplinary proceeding.
Fine up to $1000, plus reprimand, probation, suspension, or denial of licensure.
Fine up to $1000, plus suspension, revocation, or denial of licensure.
(w) 455.227(1)(t)
Failing to report in writing to the department within 30 days after the licensee is convicted of, or entered a plea of nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction.
Fine up to $1000, plus reprimand, suspension, or revocation.
Fine up to $5000, plus revocation.
(2) Through (3) No change.
61-30.603 Notice of Noncompliance.
(1) As an alternative to the provisions of Section 455.225(1) and (2) 455.225(3)(a), F.S., the department shall provide a licensee with a notice of noncompliance for an initial offense of a minor violation in any instance in which it is reasonable to assume that the licensee is unaware of the rule or statutory obligation or is unclear as to how to comply with it.
(2) A notice of non-compliance may be issued for the following minor violations:
(a)(2) Failure to provide a copy of the home inspector’s license; and disclosure of the scope and exclusions of a home inspection prior to contracting for or commencing a home inspection, in violation of 486.8321 constitutes as a minor violation for which a notice of non-compliance may be issued.
(b) Disclosure of the scope and exclusions of a home inspection prior to contracting for or commencing a home inspection, in violation of Section 468.8321, F.S.
(3) This designation of violations as minor for the purposes of Section 455.225(3), F.S., is limited to initial violations in which corrective action is commenced within 15 days of the department's issuance of a notice of noncompliance. The violation must be corrected within 15 days. If it cannot be corrected within 15 days, then corrective action must be commenced within 15 days and the licensee must move with due diligence to complete the corrective action. A violation for which the licensee fails to take corrective action within 15 days after notice continues past that period shall no longer be deemed a minor violation and shall be treated as a citation offense, pursuant to Rule 61-30.604, F.A.C. Violations of this section, except as provided herein, shall be handled in accordance with the standard disciplinary guidelines. Nothing provided in this section shall restrict the department from seeking full prosecution in such instances where aggravating circumstances are present, which would preclude a minor violation dismissal.
61-30.801 Standards of Practice, General.
(1) Home inspections performed to these Standards of Practice are intended to provide the client with information regarding the overall condition of installed systems and components of the home based on observation of the visible and apparent condition of the structure and components at the time of the home inspection and to report on those systems and components inspected that, in the professional opinion of the inspector, are significantly deficient or at the end of their service lives the presence of any material defects. A home inspection does not include the prediction of future conditions.
(2) through (7) No change.
61-30.802 Standards of Practice, Structure.
(1) Structural system and components include the following:
(a) through (m) No change.
(n) Ventilation of attics and structural supports foundation areas.
(2) through (3) No change.
61-30.803 Standards of Practice, Electrical Systems.
(1) No change.
(2) The inspector shall inspect all of the visible and readily accessible accessibly electrical systems and components.
(3) through (4) No change.
61-30.804 Standards of Practice, HVAC Systems.
(1) No change.
(2) Heating and air conditioning systems and components:
(a) through (b) No change.
(c) The inspector is not required to inspect:
1. through 5. No change.
6. Internal components such as coils and pans.
(3) through (4) No change.
61-30.805 Standards of Practice, Roof Covering.
(1) Roof covering systems and components include the following:
(a) through (d) No change.
(e) Ventilation of attics and structural supports; and
(f) No change.
(2) The inspector shall inspect all of the visible and readily accessible accessibly roof covering systems and components.
(3) through (5) No change.
61-30.806 Standards of Practice, Plumbing System.
(1) Plumbing systems and components include the following:
(a) through (b) No change.
(c) Water heating equipment;
(c)(d) Plumbing related vVent systems, flues, and chimneys;
(d)(e) Drainage sumps, sump pumps, and related piping;
(e)(f) Materials used for water supply, drain, waste, and vent piping;
(f)(g) Water heating equipment including the energy source; and
(g)(h) Main water and main fuel shut-off valves.
(2) The inspector shall inspect all of the visible and readily accessible accessibly plumbing systems and components.
(3) The inspector is not required to inspect:
(a) through (e) No change.
(f)(g) Irrigation system(s).
(4) No change.
61-30.807 Standards of Practice, Interior Components.
(1) The interior components that shall be inspected include the following:
(a) through (c) No change.
(d) Garage doors and garage door operators;
(e) through (i) No change.
(2) The inspector shall inspect all of the visible and readily accessible interior accessibly plumbing 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 for normal operation – using normal operating controls to activate a primary function.
(3) No change.
(4) The inspector is not required to:
(a) No change.
(b) Open or operate any windows or doors or access covers that are permanently or temporarily secured by mechanical means, are painted shut, or are blocked by stored items or furniture;
(b)(c) Ignite or extinguish fires;
(c)(d) Light gas fireplaces or heaters, or other unlit pilot light devices;
(d)(e) Determine draft characteristics for fireplaces and chimneys;
(e)(f) Move fireplace inserts or stoves or firebox contents.
(f)(g) Disturb insulation;
(g)(h) Activate any system or appliance that is shut down, disconnected, or otherwise rendered inoperable;
(h)(i) Operate or evaluate any system, component or appliance that does not respond to normal user controls;
(i)(j) Operate any gas appliance that requires the manual lighting of a pilot light or burner device;
(j)(k) Operate any system, appliance or feature that requires the use of special codes, keys, combinations, or devies or where user manual reference is required;
(k)(l) Operate any system, component, or appliance where in the opinion of the inspector, damage may occur;
(l)(m) Determine thermostat(s) calibration, adequacy of heating elements, operate or evaluate self cleaning cycles, door seals, indicator lights, timers, clocks or timed features, defrost cycles or frost free features, or other specialist features as it applies to the appliance device;
(m)(n) Determine leakage from microwaves ovens;
(n)(o) Determine the presence or operation of back draft damper devices in exhaust devices;
(o)(p) Move any appliance;
(p)(q) Confirm operation of every control or feature of a system or appliance.
61-30.810 Standards of Practice, Exterior Components.
(1) Exterior systems and components include the following:
(a) Exterior wall siding/cladding, flashing and trim;
(b) through (e) No change.
(f) Garages and carports
(f) Exterior siding/cladding;
(g) Ventilation of attics and foundation areas.
(2) The inspector shall inspect all of the visible and readily accessible accessibly exterior systems and components.
(3) The inspector is not required to inspect:
(a) through (b) No change.
(c) Geological, geotechnical or hydrological conditions;
(c)(d) Recreational facilities;
(d (e) Outbuildings, such as sheds;
(e)(f) Swimming pools, seawalls, break-walls, boat lifts and / or docks;
(g) Erosion control and earth stabilization measures.
(4) No change.
61-30.811 Standards of Practice, Site Conditions that Affect the Structure.
(1)No change.
(2) The inspector shall inspect all of the visible and readily accessible accessibly site conditions that affect the structure.
(3) No change.
61-30.812 Standards of Practice, General Limitations and Exclusions.
(1) No change.
(2) Home inspectors are not required to perform any action or make any determination unless specifically stated in these Standards of Practice. Inspectors are not required to:
(a) through (h) no change.
(i) Utilize special instruments, tools, or measuring devices of any kind to measure moisture, humidity, water or air volume, water or air flow, water potability, air quality, temperature, voltage, amperage, electrical grounding, polarity, and continuity, VOC’s, microwaves, electromagnetic fields, and other similar kinds of conditions or activities;
(j) Provide any information from any source regarding property ownership, property boundaries, liens, outstanding loans, code violations, reports of hazardous materials, manufacturers’ recalls, Consumer Protection Agency bulletins, and other similar kinds of public information;
(k) Identify concealed conditions or latent defects.
(3) Home Inspectors shall not practice beyond the scope of their license as a home inspector. The following actions are beyond the scope of a Home Inspector License:
(a) Identifying concealed conditions or latent defects;
(a)(b) Determining:
(b) through (d) No change.
(d)(e) Dismantling any system or component, except as explicitly required by these Standards of Practice;
(f) Utilizing special instruments, tools, or measuring devices of any kind to measure moisture, humidity, water or air volume, water or air flow, water potability, air quality, temperature, voltage, amperage, electrical grounding, polarity, and continuity, VOC’s, microwaves, electromagnetic fields, and other similar kinds of conditions or activities;
(e)(g) No change.
(h) Providing any information from any source regarding property ownership, property boundaries, liens, outstanding loans, code violations, reports of hazardous materials, manufacturers’ recalls, Consumer Protection Agency bulletins, and other similar kinds of public information.
(f) Performing work in any trade or professional service for which a license is required other than home inspection, unless licensed to do so.
