PIC of State Rep and sponsor of new NACHI H.I. Bill in NH.

[Leonard E. Ungar]

I'm going to love it when JIM's state gets Licensing. Joe,John do you think Jim will have a heart attack, I hope not but it will be fun to watch that one !!!!!!!!!!!!!!!!!!!!!!!
Len

[James H. Bushart]

Originally Posted by jbowman

Yes it is Joe. How very astute of you to notice.

I could be mistaken...but he may be making light of the fact that a fellow from New York while rooting for Nebraska is spending so much time discussing New Hampshire legislation with a half-wit from Missouri.

[James H. Bushart]

Originally Posted by jburkeson1

Anything new?

Just your membership, Little Joe. Three years in the business and already accumulated "15 years as an inspector". You are amazing.

[Joe Farsetta]

John,

Your snips are greatly appreciated. Just doing my part to help your concentration and memory. Remember.... New Hampshire.

[jbowman]

Originally Posted by jfarsetta

John,

Your snips are greatly appreciated. Just doing my part to help your concentration and memory. Remember.... New Hampshire.

Who are you again??

[James H. Bushart]

Originally Posted by jburkeson1

True, I am amazing, but I didn't write the article, it was totally unsolicited. Hey stuff happens, as of today Pluto ain't a planet so I guess your rising sign is now what? A jackass?

Uranus, Little Joe. The same place you just pulled your bs response from.

I hope you can sell people on taking your new ICC course easier than you can sell people on the idea that, the day you qualified for ASHI membership, there was a reporter standing outside your door asking for a scoop.

But stick to that story. No one can ever prove otherwise, can they?

But we know.

[Frank M. Carrio, CMI]

Originally Posted by jfarsetta

The bickering is not productive. Not that it's not fun... it's just not productive and will have absolutely no effect on this proposed legislation. It's easy to be a Monday Morning Quarterback.

Originally Posted by jfarsetta

Nick posted this to show that our NH Chapter supports self-written legislation, and apparently has a sponsor, or sponsors, of it.

It is a final draft, and I'm sure will be dissected and tweaked. In retrospect, I kind of wish our own law in NY had a requirement for licensees to be residents of the state, unless the state where he/she is a resident has a reciprocal agreement for licensure between it and NY. Fair is fair.

My understanding is the concern of an influx of Mass. inspectors, with NH inspectors left out of Mass, and some just left out of business entirely.

As to NACHI's exam hurthig anyone or being fluff, I'll remind all that it IS recognized for licensure in some states. Here in NY, it was also recognized, along with a few others, prior to NY imlementng its own licensing exam. Now ALL other exams are no longer recognized, whether proctored or not.

NH NACHI members appear to have a handle on this. Let's try and SUPPORT them when they ask for it.

Bickering on this thread by those who have no dog in this hunt makes absolutely no sense.

Questions/comments should probably be directed to the NH Chapter President and VP.

Joe,

Mr. Bowman knows that in New Hampshire there is only one chapter that has a President, Vice President, and a Chapter Secretary. So the answer is obvious.

As far as the "Final Draft" of the bill is concerned, here it is. Somehow a rough draft was sent out, and I see that the "nay sayers" have come out of the woodwork.

Yesterday 08-29-2006, We had our first Public Hearing at the State Capitol. It was Chaired by State Representative Benjamin Baroody and State Representative Angeline Kopka. In attendance were NACHI, ASHI, AND NIBI members. It was professional, cordial, and there was no childish "My Association is better than your association Baloney"

All conversations pertained to the bill.

I would like to add that John Bowman's clearly evident, thinly disguised personal vendetta and all of the negativity, and venom being spewed here is not going to change one thing.


Here is a copy of the final draft as it was presented at the 1st Public Hearing.


HOUSE BILL: # Yet to be Determined
AN ACT, relative to the Regulation and Licensure of Home / Residential / Building Inspectors.
SPONSORS:
State Representatives:
BenjaminBaroody,
AngelineKopka,
COMMITTEE: Municipal and CountyGovernment

AMENDED ANALYSIS

This bill establishes the licensure of persons providing home inspection services and the regulation of such persons by a board of home inspectors.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struck through.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to the Regulation and Licensure of Home / Residential / Building Inspectors.

Be it Enacted by the Senate and House of Representatives in General Court convened:

Home / Residential / Building Inspectors. Amend RSA by inserting after chapter 329-A the following new chapter:
Footnotes are designated by items with the following brackets { }





CHAPTER 329-B??
HOME / RESIDENTIAL / BUILDING INSPECTORS
329-B:1 Purpose. The purpose of this chapter is to protect the people of the state of New Hampshire by requiring the licensing of “Home / Residential / Building Inspectors” to assure that consumers of Home / Residential / Building inspection services can rely on the qualifications, expertise and competence of a Home Residential / Building inspector. {1.}

329-B:2 Definitions. In this chapter:
I. “Apprentice’’ means any person who is engaged in learning and assisting in Home Residential / Building inspection under an apprenticeship program acceptable to the NH Licensing board. {2.}

II. “Board’’ means the New Hampshire Licensing board of Home Residential / Building inspectors, established by RSA 329-B:3.??

III. “Home /Residential / Building inspection” means a visual analysis for the purposes of providing a professional opinion of the condition of a residential building and its related structures, any clearly visible and “ReadilyAccessible” {3.} installed components and the operation of the building systems, including the controls normally operated by the owner, for the following components of a residential building: heating system, electrical system, cooling system, plumbing system, structural components, foundation, roof covering, exterior and interior components and site aspects as they affect the building. A Home /Residential / Building inspection shall not be required to identify concealed conditions, latent defects, or any item that was not clearly visible or readily accessible. NOTE: The visual inspection must adhere to the Standards of Practice as outlined and dictated in the attached document. {See Attachment}

IV. “Home /Residential / Building inspector” means any person who is licensed by the New Hampshire State board as a “Home / Residential / Building inspector” and who engages in the business of performing home inspections and writing any type of inspection reports. {NOTE: See 329-B:10 License Criteria. II Grandfathering, III New Applicants, and 329-B:13 Reciprocity}

V. Home Residential / Building report means a written and or verbal report prepared by any person and or inspector for compensation and issued after any type of inspection of the items and components described and listed in Section III. The inspector shall report:

(A.) On those visible, and readily accessible systems & components inspected which, in the professional opinion of the inspector, are significantly deficient.

(B.) A reason why “On the Day of the Inspection”, if not self- evident, in the professional opinion of the inspector, the visible, readily accessible system or component is significantly deficient. {4.}

(C.) The inspector’s recommendations to monitor the reported deficiency, or to have a “Certified / Licensed Specialist” further evaluate and or conduct corrections / repairs. [IE. Licensed Electrician, Licensed Plumber, Structural Engineer, Termite/ wood boring / destroying insect Inspector / exterminator, etc.]{5.}

(D.) Any visible and readily accessiblesystems & components designated for inspection, which were present at the time of the inspection but were not inspected, and a reason they were not inspected. {6.}

VI. “Residential building” means a structure consisting of from one or more family dwelling units, and including a single-family home, a multifamily dwelling, manufactured housing as defined in RSA 384:16-d, II, and any single family Townhouse / Condominium unit(s), wholly or partly used or occupied, or intended to be used or occupied, as the home /residence or office of one or more persons.

329-B:3??New Hampshire, Home / Residential / Building Inspector’s Licensing Board.
I. There shall be a board of home inspectors, consisting of 7-members, including 3-home inspectors from different Home Inspector associations and/or one non affiliated independent inspector {7.}, One attorney licensed to practice in this state, One certified / Licensed Architect, One certified Licensed PE and/or one Certified Licensed Code Compliance Inspector, and one public member, each to be appointed by the governor, with the approval of the council, to a term of 4 years. No member of the board shall be appointed to more than 2 terms.
{A.} The Home Inspectors should not be dominated by just one organization or affiliation.
{IE. ASHI, NACHI, etc.}
{B.} Any or all of the “Certified / Licensed” Board members maybe either active or retired.

II. The Public Member of the board of home inspectors shall be a person who is not, and never has been and or associated / affiliated with, a Real Estate Agent / Broker, or served on any Real Estate boards, or Commissions. Or who is or has been a Home / Residential / Building inspector, or the spouse of an inspector, or who is related to or living with a home inspector, or past or present real estate agent, and who does not have, and never has had, a material financial interest in either the provision of home inspection services, and who was activity and or directly related to the home inspection profession at any time during the 5 years preceding appointment. {8.}

III. The board shall be an administratively attached agency, under RSA 21-G:10??, to the department of state.

329-B:4?? Compensation and Expenses. Members of the board shall each be allowed the sum of $30 per day or Minimum Wage whichever is greater. {9.} {$30.00 is below minimum wage and is thereby illegal.} and their necessary traveling expenses incurred in carrying out their official duties. Board members shall serve in a Volunteer position.

329-B:5?? Organization and Meetings. The board shall hold at least 4 regular meetings each year, and special meetings may be held at such times as the business of the board may require. Notice of all meetings shall be posted a minimum of 30-days in advance or given in such manner as the rules of the board may provide. The board shall annually elect a chairperson and a vice-chairperson from among its members. A quorum of the board shall consist of not less than 4 members, at least one of whom shall be a public member. If the Public Member fails to attend and a quorum exists then the meeting shall continue. Failure to attend two or meetings without just cause is reason for expulsion of any member.

329-B:6 Fees. The board shall receive a total of $200.00 $250.00 per licensee for examination of applicants, for licensure and for renewal of licensure to practice under this chapter, and for transcribing and transferring records and other services. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year. {16.}

329-B:7 Receipts and Disbursements. The board having received $200.00 per licensee shall account at least monthly for all moneys derived under the provisions of this chapter, and shall pay the same to the state treasurer. The board may employ such clerical or other assistants as are necessary for the proper performance of its work, and may make expenditures from this fund for any purpose which, in the opinion of the board, is reasonably necessary for the proper performance of its duties under this chapter. Under no circumstances shall the total amount of payments made hereunder exceed the amount of the fees collected hereunder. Any balance in the account at the end of each fiscal year shall be carried over for operating expenses for the next fiscal year.

329-B:8 Examinations. The New Hampshire board for Licensing & Regulating Home / Residential / Building Inspectors shall have authority to examine and license Home / Residential / Building Inspectors. When issued, such license shall be valid throughout the state for a period of 24-months, and the licensee shall be entitled to perform the work of a Home / Residential / Building Inspectors inspector anywhere within the state without any payment or additional fee. Each applicant for a license shall present to the board on a blank furnished by the board a written application for license, containing such information as the board may require, for a Grandfathering License, New Applicants, and renewals.

329-B:9 Rulemaking. The board shall adopt rules, pursuant to RSA 541-A??, relative to:
I. The design and content of all forms and applications required under this chapter.

II. The application procedure for a Grandfathering License, a New License, and a Renewal license to practice under this chapter.

III. The qualifications of applicants in addition to those requirements set under this chapter.

IV. How an applicant shall be examined, including the type and form of the examination.

V. For New Applicants and apprentices the disposition of one or more of the following Nationally Recognized proctored examinations {IE. ICC, NACHI, NHIE} given and administered by an independent testing facility, school, or college including provision for immediate test results to examinees.

VI. How a license to practice under this chapter shall be renewed every 24-months, including the requirements for continuing education of 12-hours of CEUs over a 24-month period. For renewals, The Board will recognize and honor the length time limitations / expiration dates of the above mentioned tests.
For CEU’s the State will require 12-CEUs in a 24-month licensing cycle / period, and recognize {10.} any certification, certificate / diploma of a CEU issued by any established New Hampshire State Home Inspectors associations and/or Nationally Recognized Non Profit / Not for Profit Home Inspector Association, or for profit association and or their State Chapter. IE. The International Code Council ICC, The American Society of Home Inspectors ASHI, or The National Association of Certified Home Inspectors NACHI, etc. All certifications, certificates / diplomas must be signed and dated, and the course / subject matter must be pertinent to the Home / Residential / Building inspection industry. Inspectors / licensees having acquired or acquiring more than 12-CEU’s may present them to the board for future credit.

VII. The establishment of all fees required under this chapter.
VIII. Ethical and professional standards required to be met by each holder of a license to practice under this chapter and how disciplinary actions by the board shall be implemented for violations of these standards.

IX. The training and experience requirements of New Applicants and of apprentices.

X. Procedures for the conduct of hearings consistent with the requirements of due process.

XI. Persons conducting Home / Residential / Building inspections without meeting the above mentioned criteria will be considered in violation of this State law and will be subject to fines and or arrest.

329-B:10 License Criteria.
I. No person shall provide, nor present, call or represent him or herself as able to provide a home or building inspection for compensation unless licensed in accordance with the provisions of this chapter. No business entity may provide home / building inspection services unless each of the inspectors employed by the business entity is licensed in accordance with the provisions of this chapter. No business entity may use, in connection with the name or signature of the business entity, the title “Home / Residential / Building Inspectors” or any deviation thereof to describe the business entity’s services, unless each of the inspectors employed by the business entity is licensed in accordance with the provisions of this chapter, or is an apprentice who has passed one of the proctored written requirements listed above, is fully insured, and is conducting visual inspections following the attached Standards of Practice while under the direct supervision of a duly licensed NH inspector.

II. Grandfathering Clause: To be eligible for a Grandfathered license as a home inspector, an applicant shall fulfill the following requirements:
(A.) Be a Resident of New Hampshire for the previous 12-months and provide proof that they are; A minimum of 18-years of age, a legal Resident of New Hampshire and or the United States.
{IE. Birth / Baptism Certificate, Voter Registration, Driver’s License, or for non-citizens a Green Card, a valid and current work visa, or documentation as required by the Immigration and Naturalization Service. Etc. Non Residents, would fall under the category of 329-B:13 Reciprocity. If the applicants home State has entered into a written reciprocity agreement with the state of New Hampshire then they shall fall under they category of New Applicants.

(B.) Be of good moral character, and have not been convicted of a crime relating to moral turpitude, or any crime relating adversely to the activities regulated by the board. For the purpose of this subsection a plea of guilty or “nolo contender” shall be deemed a conviction. The applicant agrees to a criminal background check and a review and release to the board under PART Saf-C 5703, SECURITY OF CRIMINAL HISTORY RECORD INFORMATION, Saf-C 5703.09, Release of a Person’s Criminal History Record Information. Saf-C 5703.11 Authorization for Release of Criminal Conviction Record, or any other rules, regulations or statutes that may apply.

(C.) Have successfully competed high school or its equivalent. {IE Trade school, Technical school}

(D.) Have written proof IE. A diploma, Certification card, Certificate of completion, Certificate of a Certified Membership, etc. of having successfully passed a nationally recognized Home / Residential / Building Inspectors written examination. {IE. ICC, NHIE, NACHI} This Certification must be current. {11.}

(D.) Have been a sole individual, a DBa-company, or employee of a company registered with the State Of New Hampshire Secretary of State Corporate Division as being a Certified Inspector or in the Home /Residential / Building Inspection business for the last calendar year, and or 12-months before this law comes into effect.
NOTE: For a Grandfathering license, copies of written inspection reports, paid invoices, or proof of payment for performing Home / Residential / Building inspections for the last 12-months will suffice.

(E.) Have conducted 12-or more Residential / Building inspections in the last 12-months.

III. NEW APPLICANTS; To be eligible for a New Hampshire license as a New Applicant for a Home / Residential / Building inspector, an applicant shall fulfill the following requirements:
(A.) Provide documentation / written proof that they are ; A minimum of 18-years of age, a legal Resident of New Hampshire and or the United States.
{IE. Birth / Baptism Certificate, Voter Registration, Driver’s License, or for non-citizens a Green Card, a valid and current work visa, or documentation as required by the Immigration and Naturalization Service. Etc. Non-Residents, would fall under the category of 329-B:13 Reciprocity. Only if the applicants home State has entered into a written reciprocity agreement with the state of New Hampshire shall they shall fall under they category of New Applicants.

(B.) Be of good moral character, and have not been convicted of a crime relating to moral turpitude, or any crime relating adversely to the activities regulated by the board. For the purpose of this subsection a plea of guilty or “nolo contender” shall be deemed a conviction. The applicant agrees to a criminal background check and a review and release to the board under PART Saf-C 5703 SECURITY OF CRIMINAL HISTORY RECORD INFORMATION, Saf-C 5703.09, Release of a Person’s Criminal History Record Information. Saf-C 5703.11 Authorization for Release of Criminal Conviction Record, or any other rules, regulations or statutes that may apply.

(C.) Have successfully competed high school or its equivalent.{IE. Trade / TechnicalSchools}

(D.) Have written proof IE. A diploma, a Full Member Certification card, Certificate of completion, a Certified Inspector Membership Card, etc. of having successfully passed a nationally recognized proctored Home / Residential / Building Inspectors written examination. {IE. ICC, NHIE, NACHI} Such test / tests shall have been administered at or by an independent testing company, independent testing facility school, or college. {11.}

(E.) Must be registered with the State Of New Hampshire Secretary of State Corporate Division as being as being a Certified Inspector, or in the Home /Residential / Building Inspection business. They may register as a sole individual, DBa-company, or employee of a company

(F.) In order to show competency, having successfully completed the written examination as described above, Following the Standards of Practice attached below, the new applicant must have successfully completed 100-home inspections under the apprenticeship and the direct supervision of a New Hampshire licensed Home / Residential / Building inspector. The criteria for apprenticeship shall be dictated by the board. {See. 329-B:13 Reciprocity {12.}

(G.) In order or protect the trainer / mentor, and the consumer, the New Applicant must have Errors & Omissions insurance, or a Surety Bond and General Liability insurance. {12.}

{H.} All Grandfathered Licensees as well as all new applicants must conduct their inspections according to the Standards of Practice attached to this bill, with the exception of the exclusions listed in section 329-B:12

{I.} The applicant may not be under suspension by another State.

329-B:11 Expiration and Renewal. Notwithstanding any outstanding license to the contrary, all licenses issued by the board shall be valid for 24-months and expire on the last day of the month of the licensee’s birth, but may be renewed during the following month, retroactive to the first day of the month. The fee for renewal of all licenses issued under this chapter shall be established by the board. Upon failure to pay the renewal fee within the required period, a licensee may renew his or her license by submitting the required fee plus $10 before the last day of the second month following the month of his or her birth. Any application received thereafter shall be rejected, unless accompanied by proof of successful completion of the examination required under RSA 329-B:8. A licensed home inspector shall complete at least 12-hours of verifiable continuing education during the previous two calendar years in order to maintain his or her license. {See section 329-B:9, Item VI, 2nd paragraph}

329-B:12 Exclusions. A New Hampshire licensed Home / Residential / Building inspector shall not be required to perform any action or make any determination unless specifically required by lawful authority. Inspectors are not required to determine:
I. The condition of systems or components, which are not clearly visible and readily accessible.

II. The remaining life of any system or component.

III. The strength, adequacy, effectiveness or efficiency of any system or component.

IV. The causes of any condition or deficiency.

V. The methods, materials, or costs of corrections.

VI. Future conditions including, but not limited to, failure of systems and components.

VII. The suitability of the property for any specialized use.

VIII. Compliance with regulatory requirements (codes, regulations, laws, ordinances, etc.)

IX. The market value of the property or its marketability.

X. The advisability of the purchase of the property.

XI. The presence of potentially hazardous insects, plants or animals including, but not limited to, wood destroying / wood boring insects and or organisms or diseases harmful to humans.

XII. The presence of any environmental hazards including, but not limited to, toxins, carcinogens, noise, and contaminants in soil, water and air.

XIII. The effectiveness of any system installed or methods utilized to control or removesuspected hazardous substances.

XIV. The operating costs of systems or components.

XV. The cost to remove, replace or repair any system and or components.

XVI. Any household appliance and their components to include but not specifically limited to, stoves, refrigerators, icemakers, dishwashers, microwaves, any free standing appliance etc.

XVII. The acoustical properties of any system or component.

XVIII. The inspector shall not be required to walk on any roof that is slippery, covered by sleet, ice, snow, too steep, needs specialized equipment, long ladders, or might be damaged because it is composed of slate, tiles or in a fragile, or declined state of existence.

XVIV. Does not evaluate or endorse any item or component that is Not Readily Accessible and or Concealed areas or Components, such as subterranean ducts, pipes, or conduits within walls, floors, or ceilings, obstructed switches and outlets, the slab beneath carpets, the interior of heat exchangers, air-conditioning coils and supply ducts, dirty or ash filled fireplace hearths, significant portions of chimney flues, "closed" or abandoned hearths / chimneys, fireplace inserts, pre-fabricated fireplaces, gas / propane fireplaces, portable heaters, and the waterproof membrane beneath roofs, balconies or shower pans. In addition, he or she is not required to evaluate or endorse the following specific components: computerized systems, radio or remotely controlled components, central vacuum systems, alarm, telephone, cable, or intercom systems. Private sewage systems, private water supply systems, artesian wells, water softeners, water circulating devices, water filtration or purification devices, and automatic-sprinklers. The hermetic seal of dual-glazed sliding glass doors, safety glass, windows, skylights, solar systems, fire-sprinkler systems, shut-off valves that are not in daily use. Elevators, lifts, saunas, steam showers, humidifiers / dehumidifiers, electronic air cleaners, in-line duct motors or dampers, washers, dryers, their knobs, hoses, connections, filters, duct work, valves or drain pipes, and condensate pumps. Thermostats, timers, clocks, portable or free-standing appliances such as, rotisseries, stoves {Natural gas, propane or electric}, Microwaves, dishwashers and their connections-hoses/pipes, refrigerators, ice makers, ice maker connections and hoses / pipes, including decorative and low-voltage lighting, portable spas, fountains and ponds, barbecues, fire-pits, pool sweep chemicals, assemblies, in-line chlorinators, or similar devices dispensing bromine or ozone, and the coatings on pools, spas, countertops, fixtures, appliances, decks and walkways retaining walls, landscaping or landscape items.

XV. If the Inspector deems the "To Be Inspected Area" is unsafe, unsanitary, poses a safety or health hazard {I.E. Snow or ice covered, Wet, Muddy, Unventilated, steep or restricted / cramped access, loose bricks, rocks, mortar, or unsecured boards, planks, walkways, etc., loose wiring, loose and or leaking pipes, snakes, rodents, “house hold pets” / animals, animal "droppings" / feces, urine, vermin, pests or visible insects {Bees, Wasps, ants spiders Etc.} loose or no walkways, loose insulation, the area in question will not be inspected.

329-B:13 Reciprocity. The State of New Hampshire will only recognize any State that we have a written agreement with. Once this state recognizes our standards and allows our Home / Residential / Building inspectors to conduct business free and unhindered in their state will we allow and recognize “Reciprocity.” Until such time non-residents are strictly prohibited from conducting Home / Residential / Building inspections and or attempting to acquire the above mentioned H/R/B inspector’s license in the State of New Hampshire. Violators of Section 329-B:10 License Criteria II & III, and 329-B:13 will be subject to fines and or arrest. {13.}

329-B: 14, Persons Not Required to be Licensed. Nothing in this chapter prevents:
I. A person (s) who is employed by a governmental entity from inspecting residential buildings if the inspection is within official duties and responsibilities.

II. A person (s) who is employed as a property manager for a specific residential structure and whose specified official duties and responsibilities include inspecting the said residential structure shall not be prohibited from performing an inspection on the structure if the person does not receive separate compensation for the inspection work.

III. A person (s) who is regulated in another profession from acting within the scope of that person’s license, registration or certification. Without exception, said inspection will be limited solely to their profession. {IE. Plumbers, electricians, HVAC. etc.}

IV. Any person (s) violating sections I-III will be subject to fines and or arrest. {13.}

329-B:15 Disciplinary Action.
I. The board may undertake disciplinary proceedings:
(A.) Upon its own initiative; or
(B.) Upon written complaint of any “Paid Client” of a Home / Residential / Building inspector which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefore. The client must be the actual person who commissioned and paid for the inspection. Second and third parties are specifically excluded. {14.}

II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter;
(b) Conviction of a felony or any offense involving moral turpitude;
(c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession;
(d) Unfitness or incompetence by reason of negligent habits or other causes; or negligent or willful acts performed in a manner inconsistent with the health or safety of persons under the care of the licensee;
E) Addiction to the use of alcohol or other habit-forming drugs to a degree, which renders him or her unfit to practice under this chapter;
(f) Mental or physical incompetence to practice under this chapter;
(g) Willful or repeated violation of the provisions of this chapter; or
(H.) Suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated.

III. The board may take disciplinary action in any one or more of the following ways:
(A.) By written reprimand;
(B.) By suspension, limitation or restriction of license or certification for a period of up to 2 to years, or one “License renewal cycle”, whichever is greater.
(C.) By revocation of license or certification;
(d) By requiring the person to participate in a program of continuing education but limited to only in the area or areas in which he or she has been found deficient; Said program must be locally available, or proctored , and or offered “on-line” and offered by a more than one National Association or training facility. Written tests results of having successfully completed the required course shall be furnished to the board.
(E.) By requiring the home inspector to obtain insurance against loss, expense and liability resulting from errors and omissions or neglect in the performance of services as a home inspector, or
(F.) By requiring the home inspector to file with the board a Surety Bond in the amount of $25,000.00, or bond that is furnished by a company authorized to do business in this state.
{NOTE: If required, the E&O policy, Surety Bond, and or liability insurance should be for the minimum amount that is obtainable. E&O or a Surety bond will suffice, All three will not be required.} {15.}

329-B:16 Prohibited Acts. A licensed home inspector shall be prohibited from the following:
I. Performing or offering to perform, for an additional fee, any repairs to a structure on which the inspector, or the inspector’s company, has prepared a home inspection report in the past 12 months, except that a home protection company that is affiliated with or that retains a home inspector does not violate this section if it performs repairs pursuant to a claim made under a home protection contract.

II. Inspecting for a fee any property in which the inspector, or the inspector’s company, has any financial interest or any interest in the transfer of the property.

III. Offering or delivering any compensation, inducement or reward to the owner of the inspected property, the broker or agent, for the referral of any business to the inspector or the inspection company.

IV. Accepting an engagement to make an inspection or to prepare a report in which the inspection itself, or the fee payable for the inspection, is contingent upon either the conclusions in the report, pre-established findings, or the close of escrow.

V. Revealing or discussing any findings or conclusions about the inspection to anyone other than the client, without the client’s express permission.

VI. Providing anyone other than the client with the original or a copy of the inspection report without the client’s express written permission.

329-B:17 Liability of Home Inspectors.
I. An action to recover damages for any act or omission of a home inspector relating to a home inspection that he or she conducts may only be commenced within 1 year {365-days} after the date that a home inspection is completed. This includes the Inspector, his company, assigns, heirs, executor’s administrators, and successors from any claims of any amount. Furthermore the Total amount of Legal Liability will be limited to a maximum of a total refund of the inspection fee for the home.

II. Only a client and no other party shall have an action to recover damages arising from a home inspection or a home inspection report. {The client should be defined as the actual person who commissioned and paid for the inspection}

III. Hold Harmless Clause: Any and all real estate agents involved in the purchase or sale of the property to be inspected harmless and keep them exonerated from all loss, damage, liability or expense occasioned or claimed by reasons of acts or neglects of the H/R/B Inspector or his employees or visitors or of independent contractors engaged or paid by H/R/B Inspector for the purpose of inspecting the subject home.

329-B-18 Identification Cards and Mandatory Disclosures
I. Upon the issuance of a license by the board, a License and an identification card shall be issued to each licensee. When conducting inspections, every Licensee will be required to have this identification card in their possession.

II. All Licensees subject to the provisions of this chapter must include their license number on all advertising materials, brochures, company websites, contracts, business cards, inspection reports, and invoices. This license number must be displayed in a conspicuous manner.

329-B:19 Appeals. Any person affected by a final decision of the board may appeal such final decision pursuant to RSA 541.2 Effective Date.
329-B:20 STANDARDS OF PRACTICE
Table of Contents
1. Definitions and Scope.
2. Standards of Practice
2.1. Roof
2.2. Exterior
2.3. Basement, Foundation, Crawlspace & Structure
2.4. Heating
2.5. Cooling
2.6. Plumbing
2.7. Electrical
2.8. Fireplace
2.9. Attic & Insulation
2.10. Doors, Windows & Interior
3. Limitations, Exceptions & Exclusions
4. Glossary of Terms
1. Definitions and Scope
1.1. A Home inspection is a non-invasive visual examination of a residential dwelling, performed for a fee, which is designed to identify observed material defects within specific components of said dwelling. Components may include any combination of mechanical, structural, electrical, plumbing, or other essential systems or portions of the home, as identified and agreed to by the Client and Inspector, prior to the inspection process.
I. A home inspection is intended to assist in evaluation of the overall condition of the dwelling. The inspection is based on observation of the visible and apparent condition of the structure and its components on the date of the inspection and not the prediction of future conditions.
II.A home inspection will not reveal every concern that exists or ever could exist, but only those material defects observed on the day of the inspection.
1.2. A Material defect is a condition with a residential real property or any portion of it that would have a significant adverse impact on the value of the real property or that involves an unreasonable risk to people on the property. The fact that a structural element, system or subsystem is near, at or beyond the end of the normal useful life of such a structural element, system or subsystem is not by itself a material defect.
1.3. An Inspection report shall describe and identify in written format the inspected systems, structures, and components of the dwelling and shall identify material defects observed. Inspection reports may contain recommendations regarding conditions reported or recommendations for correction, monitoring or further evaluation by professionals, but this is not required.
2. Standards of Practice
2.1. Roof
I. The inspector shall inspect from ground level or eaves:
A. The roof covering.
B. The gutters.
C. The downspouts.
D. The vents, flashings, skylights, chimney and other roof penetrations.
E. The general structure of the roof from the readily accessible panels, doors or stairs.
II. The inspector is not required to:
A. Walk on any roof surface.
B. Predict the service life expectancy.
C. Inspect underground downspout diverter drainage pipes.
D. Remove snow, ice, debris or other conditions that prohibit the observation of the roof surfaces.
E. Inspect antennae, lightning arresters, or similar attachments.
2.2. Exterior
I. The inspector shall inspect:
A. The siding, flashing and trim.
B. All exterior doors, decks, stoops, steps, stairs, porches, railings, eaves, soffits and fascias.
C. And report as in need of repair any spacing between intermediate balusters, spindles, or rails for steps, stairways, balconies, and railings that permit the passage of an object greater than four inches in diameter.
D. A representative number of windows.
E. The vegetation, surface drainage and retaining walls when these are likely to adversely affect the structure.
F. And describe the exterior wall covering.
II. The inspector is not required to:
A. Inspect or operate screens, storm windows, shutters, awnings, fences, outbuildings, or exterior accent lighting.
B. Inspect items, including window and door flashings, which are not visible or readily accessible from the ground.
C. Inspect geological, geotechnical, hydrological and/or soil conditions.
D. Inspect recreational facilities.
E. Inspect seawalls, break-walls and docks.
F. Inspect erosion control and earth stabilization measures.
G. Inspect for safety type glass.
H. Inspect underground utilities.
I. Inspect underground items.
J. Inspect wells or springs.
K. Inspect solar systems.
L. Inspect swimming pools or spas.
M. Inspect septic systems or cesspools.
N. Inspect playground equipment.
O. Inspect sprinkler systems.
P. Inspect drain fields or drywells.
Q. Determine the integrity of the thermal window seals or damaged glass.
2.3. Basement, Foundation & Crawlspace
I. The inspector shall inspect:
A. The basement.
B. The foundation
C. The crawlspace.
D. The visible structural components.
E. Any present conditions or clear indications of active water penetration observed by the inspector.
F. And report any general indications of foundation movement that are observed by the inspector, such as but not limited to sheetrock cracks, brick cracks, out-of-square door frames or floor slopes.
II. The inspector is not required to:
A. Enter any crawlspaces that are not readily accessible or where entry could cause damage or pose a hazard to the inspector.
B. Move stored items or debris.
C. Operate sump pumps with inaccessible floats.
D. Identify size, spacing, span, location or determine adequacy of foundation bolting, bracing, joists, joist spans or support systems.
E. Provide any engineering or architectural service.
F. Report on the adequacy of any structural system or component.

2.4. Heating
I. The inspector shall inspect:
A. The heating system and describe the energy source and heating method using normal operating controls.
B. And report as in need of repair electric furnaces which do not operate.
C. And report if inspector deemed the furnace inaccessible.
II. The inspector is not required to:
A. Inspect or evaluate interiors of flues or chimneys, fire chambers, heat exchangers, humidifiers, dehumidifiers, electronic air filters, solar heating systems, solar heating systems or fuel tanks.
B. Inspect underground fuel tanks.
C. Determine the uniformity, temperature, flow, balance, distribution, size, capacity, BTU, or supply adequacy of the heating system.
D. Light or ignite pilot flames.
E. Activate heating, heat pump systems, or other heating systems when ambient temperatures or when other circumstances are not conducive to safe operation or may damage the equipment.
F. Override electronic thermostats.
G. Evaluate fuel quality.
H. Verify thermostat calibration, heat anticipation or automatic setbacks, timers, programs or clocks.
2.5. Cooling
I. The inspector shall inspect:
A. The central cooling equipment using normal operating controls.
II. The inspector is not required to:
A. Determine the uniformity, temperature, flow, balance, distribution, size, capacity, BTU, or supply adequacy of the cooling system.
B. Inspect window units, through-wall units, or electronic air filters.
C. Operate equipment or systems if exterior temperature is below 60 degrees Fahrenheit or when other circumstances are not conducive to safe operation or may damage the equipment.
D. Inspect or determine thermostat calibration, heat anticipation or automatic setbacks or clocks.
E. Examine electrical current, coolant fluids or gasses, or coolant leakage.
2.6. Plumbing
I. The inspector shall:
A. Verify the presence of and identify the location of the main water shutoff valve.
B. Inspect the water heating equipment, including combustion air, venting, connections, energy sources, seismic bracing, and verify the presence or absence of temperature-pressure relief valves and/or Watts 210 valves.
C. Flush toilets.
D. Run water in sinks, tubs, and showers.
E. Inspect the interior water supply including all fixtures and faucets.
F. Inspect the drain, waste and vent systems, including all fixtures.
G. Describe any visible fuel storage systems.
H. Inspect the drainage sump pumps testing sumps with accessible floats.
I. Inspect and describe the water supply, drain, waste and main fuel shut-off valves, as well as the location of the water main and main fuel shut-off valves.
J. Inspect and determine if the water supply is public or private.
K. Inspect and report as in need of repair deficiencies in the water supply by viewing the functional flow in two fixtures operated simultaneously.
L. Inspect and report as in need of repair deficiencies in installation and identification of hot and cold faucets.
M. Inspect and report as in need of repair mechanical drain-stops that are missing or do not operate if installed in sinks, lavatories and tubs.
N. Inspect and report as in need of repair commodes that have cracks in the ceramic material, are improperly mounted on the floor, leak, or have tank components which do not operate.
II. The inspector is not required to:
A. Light or ignite pilot flames.
B. Determine the size, temperature, age, life expectancy or adequacy of the water heater.
C. Inspect interiors of flues or chimneys, water softening or filtering systems, well pumps or tanks, safety or shut-of valves, floor drains, lawn sprinkler systems or fire sprinkler systems.
D. Determine the exact flow rate, volume, pressure, temperature, or adequacy of the water supply.
E. Determine the water quality or potability or the reliability of the water supply or source.
F. Open sealed plumbing access panels.
G. Inspect clothes washing machines or their connections.
H. Operate any main, branch or fixture valve.
I. Test shower pans, tub and shower surrounds or enclosures for leakage.
J. Evaluate the compliance with local or state conservation or energy standards, or the proper design or sizing of any water, waste or venting components, fixtures or piping.
K. Determine the effectiveness of anti-siphon, back-flow prevention or drain-stop devices.
L. Determine whether there are sufficient clean-outs for effective cleaning of drains.
M. Evaluate gas, liquid propane or oil storage tanks.
N. Inspect any private sewage waste disposal system or component of.
O. Inspect water treatment systems or water filters.
P. Inspect water storage tanks, pressure pumps or bladder tanks.
Q. Evaluate time to obtain hot water at fixtures, or perform testing of any kind to water heater elements.
R. Evaluate or determine the adequacy of combustion air.
S. Test, operate, open or close safety controls, manual stop valves and/or temperature or pressure relief valves.
T. Examine ancillary systems or components, such as, but not limited to, those relating to solar water heating, hot water circulation.
2.7. Electrical
I. The inspector shall inspect:
A. The service line.
B. The meter box.
C. The main disconnect.
D. And determine the rating of the service amperage.
E. Panels, breakers and fuses.
F. The service grounding and bonding.
H. A representative sampling of switches, receptacles, light fixtures, AFCI receptacles
I. And test all GFCI receptacles and GFCI circuit breakers observed and deemed to be GFCI's during the inspection.
I. And report the presence of solid conductor aluminum branch circuit wiring if readily visible.
J. And report on any GFCI-tested receptacles in which power is not present, polarity is incorrect, the receptacle is not grounded, is not secured to the wall, the cover is not in place, the ground fault circuit interrupter devices are not properly installed or do not operate properly, or evidence of arcing or excessive heat is present.
K. The service entrance conductors and the condition of their sheathing.
L. The ground fault circuit interrupters observed and deemed to be GFCI's during the inspection with a GFCI tester.
M. And describe the amperage rating of the service.
N. And report the absence of smoke detectors.
O. Service entrance cables and report as in need of repair deficiencies in the integrity of the insulation, drip loop, or separation of conductors at weatherheads and clearances.
II. The inspector is not required to:
A. Insert any tool, probe or device into the main panel, sub-panels, downstream panels, or electrical fixtures.
B. Operate electrical systems that are shut down.
C. Remove panel covers or dead front covers if not readily accessible.
D. Operate over current protection devices.
E. Operate non-accessible smoke detectors.
F. Measure or determine the amperage or voltage of the main service if not visibly labeled.
G. Inspect the alarm system and components.
H. Inspect the ancillary wiring or remote control devices.
I. Activate any electrical systems or branch circuits which are not energized.
J. Operate overload devices.
K. Inspect low voltage systems, electrical de-icing tapes, swimming pool wiring or any time-controlled devices.
L. Verify the continuity of the connected service ground.
M. Inspect private or emergency electrical supply sources, including but not limited to generators, windmills, photovoltaic solar collectors, or battery or electrical storage facility.
N. Inspect spark or lightning arrestors.
O. Conduct voltage drop calculations.
P. Determine the accuracy of breaker labeling.
2.8. Fireplace
I. The inspector shall inspect:
A. The fireplace, and open and close the damper door if readily accessible and operable.
B. Hearth extensions and other permanently installed components.
C. And report as in need of repair deficiencies in the lintel, hearth and material surrounding the fireplace, including clearance from combustible materials
II. The inspector is not required to:
A. Inspect the flue or vent system.
B. Inspect the interior of chimneys or flues, fire doors or screens, seals or gaskets, or mantels.
C. Determine the need for a chimney sweep.
D. Operate gas fireplace inserts.
E. Light pilot flames.
F. Determine the appropriateness of such installation.
G. Inspect automatic fuel feed devices.
H. Inspect combustion and/or make-up air devices.
I. Inspect heat distribution assists whether gravity controlled or fan assisted.
J. Ignite or extinguish fires.
K. Determine draft characteristics.
L. Move fireplace inserts, stoves, or firebox contents.
M. Determine adequacy of draft, perform a smoke test or dismantle or remove any component.
N. Perform an NFPA inspection.
2.9. Attic, Ventilation & Insulation
I. The inspector shall inspect:
A. The insulation in unfinished spaces.
B. The ventilation of attic spaces.
C. Mechanical ventilation systems.
D. And report on the general absence or lack of insulation.
II. The inspector is not required to:
A. Enter the attic or unfinished spaces that are not readily accessible or where entry could cause damage or pose a safety hazard to the inspector in his or her opinion.
B. To move, touch, or disturb insulation.
C. To move, touch or disturb vapor retarders.
D. Break or otherwise damage the surface finish or weather seal on or around access panels and covers.
E. Identify the composition of or the exact R-value of insulation material.
F. Activate thermostatically operated fans.
G. Determine the types of materials used in insulation/wrapping of pipes, ducts, jackets, boilers, and wiring.
H. Determine adequacy of ventilation.
2.10. Doors, Windows & Interior
I. The inspector shall:
A. Open and close a representative number of doors and windows.
B. Inspect the walls, ceilings, steps, stairways, and railings.
C. Inspect garage doors and garage door openers by operating first by remote (if available) and then by the installed automatic door control.
D. And report as in need of repair any installed electronic sensors that are not operable or not installed at proper heights above the garage door.
E. And report as in need of repair any door locks or side ropes that have not been removed or disabled when garage door opener is in use.
F. And report as in need of repair any windows that are obviously fogged or display other evidence of broken seals.
II. The inspector is not required to:
A. Inspect paint, wallpaper, window treatments or finish treatments.
B. Inspect central vacuum systems.
C. Inspect safety glazing.
D. Inspect security systems or components.
E. Evaluate the fastening of countertops, cabinets, sink tops and fixtures, or firewall compromises.
F. Move furniture, stored items, or any coverings like carpets or rugs in order to inspect the concealed floor structure.
G. Move drop ceiling tiles.
H. Inspect or move any household appliances.
I. Inspect or operate equipment housed in the garage except as otherwise noted.
J. Verify or certify safe operation of any auto reverse or related safety function of a garage door.
K. Operate or evaluate security bar release and opening mechanisms, whether interior or exterior, including compliance with local, state, or federal standards.
L. Operate any system, appliance or component that requires the use of special keys, codes, combinations, or devices.
M. Operate or evaluate self-cleaning oven cycles, tilt guards/latches or signal lights.
N. Inspect microwave ovens or test leakage from microwave ovens.
O. Operate or examine any sauna, steam-jenny, kiln, toaster, ice-maker, coffee-maker, can-opener, bread-warmer, blender, instant hot water dispenser, or other small, ancillary devices.
P. Inspect elevators.
Q. Inspect remote controls.
R. Inspect appliances.
S. Inspect items not permanently installed.
T. Examine or operate any above-ground, movable, freestanding, or otherwise non-permanently installed pool/spa, recreational equipment or self-contained equipment.
U. Come into contact with any pool or spa water in order to determine the system structure or components.
V. Determine the adequacy of spa jet water force or bubble effect.
W. Determine the structural integrity or leakage of a pool or spa.

3. Limitations, Exceptions & Exclusions {in addition to section, 329-B:12 Exclusions}

3.1. Limitations:
I. An inspection is not technically exhaustive.
II. An inspection will not identify concealed or latent defects.
III. An inspection will not deal with aesthetic concerns or what could be deemed matters of taste, cosmetic, etc.
IV. An inspection will not determine the suitability of the property for any use.
V. An inspection does not determine the market value of the property or its marketability.
VI. An inspection does not determine the advisability or inadvisability of the purchase of the inspected property.
VII. An inspection does not determine the life expectancy of the property or any components or systems therein.
VIII. An inspection does not include items not permanently installed.
IX. These Standards of Practice apply only to homes with four or fewer dwelling units.

3.2. Exclusions:
I. The inspectors are not required to determine:
A. Property boundary lines or encroachments.
B. The condition of any component or system that is not readily accessible.
C. The service life expectancy of any component or system.
D. The size, capacity, BTU, performance, or efficiency of any component or system.
E. The cause or reason of any condition.
F. The cause for the need of repair or replacement of any system or component.
G. Future conditions.
H. The compliance with codes or regulations.
I. The presence of evidence of rodents, animals or insects.
J. The presence of mold, mildew or fungus.
K. The presence of air-borne hazards.
L. The presence of birds.
M. The presence of other flora or fauna.
N. The air quality.
O. The existence of asbestos.
P. The existence of environmental hazards.
Q. The existence of electro-magnetic fields.
R. The presence of hazardous materials including, but not limited to, the presence of lead in paint.
S. Any hazardous waste conditions.
T. Any manufacturer recalls or conformance with manufacturer installation or any information included in the consumer protection bulletin.
U. Operating costs of systems.
V. Replacement or repair cost estimates.
W. The acoustical properties of any systems.
X. Estimates of how much it will cost to run any given system.
II. The inspectors are not required to operate:
A. Any system that is shut down.
B. Any system that does not function properly.
C. Or evaluate low voltage electrical systems such as, but not limited to:
1. Phone lines.
2. Cable lines.
3. Antennae.
4. Lights.
5. Remote controls.
D. Any system that does not turn on with the use of normal operating controls.
E. Any shut off valves or manual stop valves.
F. Any electrical disconnect or over current protection devices.
G. Any alarm systems.
H. Moisture meters, gas detectors or similar equipment.
III. The inspectors are not required to:
A. Move any personal items or other obstructions, such as, but not limited to:
1. Throw rugs.
2. Furniture.
3. Floor or wall coverings.
4. Ceiling tiles
5. Window coverings.
6. Equipment.
7. Plants.
8. Ice.
9. Debris.
10. Snow.
11. Water.
12. Dirt.
13. Foliage.
14. Pets
B. Dismantle, open, or uncover any system or component.
C. Enter or access any area which may, in the opinion of the inspector, to be unsafe or risk personal safety.
D. Enter crawlspaces or other areas that are unsafe or not readily accessible.
E. Inspect underground items such as, but not limited to, underground storage tanks or other indications of their presence, whether abandoned or actively used.
F. Do anything which, in the inspector's opinion, is likely to be unsafe or dangerous to the inspector or others or damage property, such as, but not limited to, walking on roof surfaces, climbing ladders, entering attic spaces or negotiating with dogs.
G. Inspect decorative items.
H. Inspect common elements or areas in multi-unit housing.
I. Inspect intercoms, speaker systems, radio-controlled, security devices or lawn irrigation systems.
J. Offer guarantees or warranties.
K. Offer or perform any engineering services.
L. Offer or perform any trade or professional service other than home inspection.
M. Research the history of the property, report on its potential for alteration, modification, extendibility, or its suitability for a specific or proposed use for occupancy.
N. Determine the age of construction or installation of any system structure, or component of a building, or differentiate between original construction or subsequent additions, improvements, renovations or replacements thereto.
O. Determine the insurability of a property.
P. Perform or offer Phase 1 environmental audits.
Q. Inspect on any system or component which is not included in these standards.
4. Glossary of Terms
4.1. Accessible: Can be approached or entered by the inspector safely, without difficulty, fear or danger.
4.2. Activate: To turn on, supply power, or enable systems, equipment, or devices to become active by normal operating controls. Examples include turning on the gas or water supply valves to the fixtures and appliances and activating electrical breakers or fuses.
4.3. Adversely Affect: Constitute, or potentially constitute, a negative or destructive impact.
4.4. Alarm System: Warning devices, installed or free-standing, including but not limited to: Carbon monoxide detectors, flue gas and other spillage detectors, security equipment, ejector pumps and smoke alarms.
4.5. Appliance: A household device operated by use of electricity or gas. Not included in this definition are components covered under central heating, central cooling or plumbing.
4.6. Architectural Service: Any practice involving the art and science of building design for construction of any structure or grouping of structures and the use of space within and surrounding the structures or the design, design development, preparation of construction contract documents, and administration of the construction contract.
4.7. Component: A permanently installed or attached fixture, element or part of a system.
4.8. Condition: The visible and conspicuous state of being of an object.
4.9. Crawlspace: The area within the confines of the foundation and between the ground and the underside of the lowest floor structural component.
4.10. Decorative: Ornamental; not required for the operation of essential systems and components of a home.
4.11. Describe: Report in writing a system or component by its type, or other observed characteristics, to distinguish it from other components used for the same purpose.
4.12. Determine: To arrive at an opinion or conclusion pursuant to examination.
4.13. Dismantle: To open, take apart or remove any component, device or piece that would not typically be opened, taken apart or removed by an ordinary occupant.
4.14. Engineering Service: Any professional service or creative work requiring engineering education, training, and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such professional service or creative work as consultation, investigation, evaluation, planning, design and supervision of construction for the purpose of assuring compliance with the specifications and design, in conjunction with structures, buildings, machines, equipment, works or processes.
4.15. Enter: To go into an area to observe visible components.
4.16. Evaluate: To assess the systems, structures or components of a dwelling.
4.17. Examine: To visually look. See Inspect.
4.18. Foundation: The base upon which the structure or wall rests; usually masonry, concrete, or stone, and generally partially underground.
4.19. Function: The action for which an item, component, or system is specially fitted or used or for which an item, component or system exists; to be in action or perform a task.
4.20. Functional: Performing, or able to perform, a function.
4.21. Home Inspection: The process by which an inspector visually examines the readily accessible systems and components of a home and operates those systems and components utilizing these Standards of Practice as a guideline.
4.22. Household Appliances: Kitchen and laundry appliances, room air conditioners, and similar appliances.
4.23. Inspect: To visually look at readily accessible systems and components safely, using normal operating controls and accessing readily accessible panels and areas in accordance with these Standards of Practice.

4.24. Inspected Property: The readily accessible areas of the buildings, site, items, components, and systems included in the inspection.
4.25. Inspector: One who performs a real estate inspection.
4.26. Installed: Attached or connected such that the installed item requires tool for removal.
4.27. Material Defect: Refer to section 1.2.
4.28. Normal Operating Controls: Devices such as thermostats that would be operated by ordinary occupants which require no specialized skill or knowledge.
4.29. Observe: To see through visually directed attention.
4.30. Operate: To cause systems to function or turn on with normal operating controls.
4.31. Readily Accessible: An item or component is readily accessible if, in the judgment of the inspector, it is capable of being safely observed without movement of obstacles, detachment or disengagement of connecting or securing devices, or other unsafe or difficult procedures to gain access.
4.32. Recreational Facilities: Spas, saunas, steam baths, swimming pools, tennis courts, playground equipment, and other exercise, entertainment or athletic facilities.
4.33. Report: A written communication (possibly including digital images) of any material defects seen during the inspection.
4.34. Representative Number: A sufficient number to serve as a typical or characteristic example of the item(s) inspected.
4.35. Safety Glazing: Tempered glass, laminated glass, or rigid plastic.
4.36. Shut Down: Turned off, unplugged, inactive, not in service, not operational, etc.
4.37. Structural Component: A component which supports non-variable forces or weights (dead loads) and variable forces or weights (live loads).
4.38. System: An assembly of various components to function as a whole.
4.39. Technically Exhaustive: A comprehensive and detailed examination beyond the scope of a real estate home inspection which would involve or include, but would not be limited to: dismantling, specialized knowledge or training, special equipment, measurements, calculations, testing, research, analysis or other means.
4.40. Unsafe: A condition in a readily accessible, installed system or component which is judged to be a significant risk of personal injury during normal, day-to-day use. The risk may be due to damage, deterioration, improper installation or a change in accepted residential construction standards.
4.41. Verify: To confirm or substantiate.

FOOTNOTES:
{1.} NOTE: In order to demonstrate a “Level of Competency and Expertise” before an inspector can continue to conduct inspections of actual physical structures a Grandfathered Licensee must have already passed a written national recognized Home /Residential / Building inspector’s examination. {IE. ICC, NHIE, NACHI.} Candidates, Trainees, and Apprentices, Must complete their training / requirements before they are eligible for Grandfathering.

{Many “Certified” Plumbers, Electricians, and even doctors have a license to practice. Yet we constantly read about lawsuits for incompetence. So it is not the License that is going to protect the consumer it is the expertise, plus the moral and ethical values of the Licensee.}
{2.} Home / Residential means any single residence, or multi family units to include multiple apartments and or condos. Building: Means any structure / building used for habitation or purpose of habitation during “working hours” to include but not to be limited to a 9 to 5 working environment. {IE. Offices}
{3.} Reasonably accessible: This leaves the door wide open for interpretation. What is “reasonable” for me might be unreasonable for you. This “Reasonably Accessible” could be interpreted to include moving furniture, clothes, luggage, personal items, and or appliances. NOTE: The term “Readily accessible is clearly defined in both the NACHI and ASHI standards of practice. NACHI=4.31. Readily Accessible: An item or component is readily accessible if, in the judgment of the inspector, it is capable of being safely observed without movement of obstacles, detachment or disengagement of connecting or securing devices, or other unsafe or difficult procedures to gain access.}
{4.} {Points A & B are asking for an “assumption and or speculation” that an inspector can be held liable for. All mechanical systems will eventually breakdown. There is no way to “Predict” this. Please note: We can only report on the condition of the system “On the Day of the Inspection.”
{5.} Further evaluation beyond a “visual inspection” could include dismantling of equipment, systems and or components to include deep probing that could be destructive to wood and or finished products. Only a “Certified / Licensed Specialist” should further evaluate and or conduct corrections / repairs. [IE. Licensed Electrician, Licensed Plumber, Structural Engineer, Termite/ wood boring / wood destroying insect Inspector / exterminator, etc.]{5.}
NOTE: The occupant should conduct “monitoring” whether they are the owners or renters.
{6.} {Not Readily accessible, Not turned on, turned off for the season, stuck / frozen or rusted handles, tanks / reservoirs not filled, not clearly visible or readily accessible, etc.}
{7.} The “Independent” inspector cannot be associated with any of the 43-Home Inspectors associations like ASHI. NACHI, NAHI, ITA etc. They cannot be a past or present Real Estate Agent, Broker, or be associated or affiliated with any Real Estate Commission, Board, or if they are a past member of any Home Inspectors association their membership and or association / affiliation must have expired by ten years or more.
{8.} Being a roommate, partner, friend, relative, spouse or business associate of a past or present real estate agent or home inspector presents a clear conflict of interest.
{9.} {$30.00 per day is below minimum wage and is thereby illegal.}
{10.} The following are CE requirements: Residential / Building inspectors should not be required to have greater continuing educational requirements than a Civil Engineer or an electrician.
Architect 0 CEU’s
PE 15 hr/yr
Electrician 5 hr/yr
Plumber 2 hr/yr
Contractors 0 {11.} Candidates for membership, Apprentice’s and Trainee’s by their designations alone show that they do not qualify for Grandfathering Licensure. They MUST complete their training, and or candidacy. If their candidacy and or training are not complete before this law takes passes they may be considered for apprenticeship as a New Hampshire Licensed Home /Residential / Building Inspector.

{12.} The apprenticeship program, and the inspector / trainer’s grading forms will be established by the board. In order or protect the trainer / mentor, and the consumer, the New Applicant must conduct his inspections following the Standards of Practice attached below, and have the minimum allowable Errors & Omissions insurance, or a Surety Bond and General Liability insurance. The minimum E&O shall be $300,00.00, The Surety Bond shall be $25,000.00 and the General Liability shall be $100,00.00 Inspection contacts for the apprentice shall state that they assume whole and complete financial responsibility for the inspection. The trainer / mentor shall be Licensed by the State Board and specifically excluded from any legal actions pertaining to negligence or accident.

{13.} None of our adjoining states allow NH inspectors to practice in their states. If we do we will be fined and could be arrested. We can and should “Reciprocate.”
I quote from the following article written by;
New HampshireReal Estate Commission 331-A:11-Reciprocity For Licensure.
If an applicant holds an active real estate license in good standing, and issued by examination in accordance with the laws of another jurisdiction, that applicant may apply for an original New Hampshire license by first taking the New Hampshire portion of the licensing examination, provided the jurisdiction that issued such nonresident license has previously entered into a licensing reciprocity agreement which has been approved by the commission, and provided that other requirements of the commission have been met. This section applies to nonresident salesperson applicants only when such applicants are applying for an original New Hampshire salesperson license.
{14.} Only the person who commissioned and paid for the inspection may file a complaint. “Interested Parties”, Agents, friends, relatives second and third parties are specifically excluded.
{15.} How Much? See the following from the NHREC. 331-A:14 Bonds. No principal or managing broker's license shall be issued or renewed until the applicant gives to the commission a surety bond in any form approved by the commission in a sum of not less than $25,000, executed by the applicant and by a surety company authorized to do business in this state. We should be allowed the same amount.

[Justo Mickey Rivera]

Thank goodness we don't have to pay per each letter

Mic

[Frank M. Carrio, CMI]

Mickey,


What you see here represents 12-months of fighting and defeating a punitive Home Inspectors bill that was ruled "Inexpedient to Legislate" and was killed with a voice vote, plus 5-long months of research and hard work. So for the last 17-months I have devoted all of my time and effort to this process. I started by reading and researching every state law that pertains to Home Inspectors. I started alphabetically and worked my way down the line. I read and “cherry picked” the information as to what would work in New Hampshire and what would not work.

I could not find a “Perfect” bill. I do not claim that this bill is perfect.

The good points are;
1.The Grandfathering Clause protects the NH based inspectors that are already in business while requiring them to show a level of competency.
2.The New Applicant Clause makes sure that the new applicants demonstrate a level of competency.
3.The Reciprocity clause protects the citizens / inspectors of New Hampshire
4.The NACHI exam is written into the law.
5.The NACHI Standards of Practice is written into the law, so the consumer and inspector will both be on the same page.
6.The exclusion section is clear and to the point, so the consumer and inspector will both be on the same page.

I realize that the Bill is long {25-pages} but hopefully the hard work and research will help protect both the consumer and the affiliated and non affiliated inspector.

PS:My detractors and those with a personal vendetta will beg to differ. But life goes on and their negative comments will not change a thing.
Warmest Regards,