Originally Posted By: jtedesco
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|Information About Certified Home Inspectors
The following article appeared in the April 2002 issue of the
Arizona Real Estate Bulletin. It is reprinted here for your convenience.
The Arizona Attorney General has approved the Board of Technical Registration emergency rules for the Home Inspector Certification Program. These rules are now in effect and will be the control over the program until the permanent rule package is finalized and adopted.
Any person offering home inspections in Arizona after May 1, 2002, must have an application for home inspector certification on file with the Board of Technical Registration prior to May 1, 2002 in order to continue to conduct business.
Statutes and rules
The statutes and rules can be found on the Board's web site at www.btr.state.az.us.
Statutes and rules may also be obtained through the Board office for a fee. Please contact the Board office at (602) 255-4053, extension 200. Home inspectors will be held responsible for adhering to all statutes and rules that are reasonably applicable to their practice. Specific statutes applying to home inspectors are: A.R.S. ?? 32-101(B) 17, 18,19, & 20; 32-122.02; 32-127(J); 32-144(D), and 32-145.
Specific rules applying to home inspectors are found in the emergency rule package for home inspectors on the Board?s web site or are available for a fee from the Board office.
Practice standards for home inspectors, adopted by the Board of Technical Registration, are also available for downloading from the Board?s web site. General certification requirements All persons offering home inspections in the state must be certified by the Board or meet one of the exemptions listed in A.R.S. 32-144(D).
From May 1, 2002, until January 1, 2003, persons conducting home inspections must meet one of the exemptions or have an application for certification on file with the Board.
Persons offering inspections while their application is being processed may not call themselves "Certified Home Inspectors."
Persons awaiting a decision on their application for certification do not fall under the jurisdiction of the Board unless they violate an uncertified/unlicensed practice statute or rule. They will not be ?Certified Home Inspectors? and cannot be held to practice standards until ?certified" by the Board.
Persons applying for certification who can present satisfactory evidence to the Board that they have performed at least 250 home inspections for compensation before January 1, 2003, and have passed the required examination within two years of application, and meet all other qualifications, may be exempted from the training requirement. These candidates must file an application and state they are applying under the provisions of Section 17 of the enabling statutes. They must provide a log of 250 inspections and copies of 5 reports they have issued.
Qualification under the 100 inspection rule
Those persons who will not have 250 home inspections for compensation prior to January 1, 2003, but have 100, or will have 100 by January 1, 2003, must also apply for certification at this time. Persons seeking qualification under the provisions of A.A.C. R4-30-247 must show evidence of having completed 100 inspections for a fee, and must have passed the required examination within two years of filing an application. However, they will also be required to meet the education standard of 80 classroom hours covering material relating to each of the sections outlined in the Emergency Rules, from an institution that is either licensed by the appropriate post-secondary education licensing authority in its home state, has an accreditation by the Distance Education Training Council (DETC) for on-line training, or has an accreditation recognized by the United States Department of Education. In-training qualification
Those persons seeking in-training certification must have completed an approved course and also passed the required examination within two years of filing an application. Their application will be processed, and if they meet all requirements, they will be designated as Home Inspectors-in-Training and must then complete 100 inspections through approved training providers or Arizona Certified Home Inspectors. 10 of those 100 inspections must be conducted in the immediate presence of an Arizona Certified Home Inspector. The remainder may then be conducted under the direct supervision of an Arizona Certified Home Inspector.
A.R.S. ? 32-144(D) states: An individual shall not perform home inspections unless the individual is certified as a home inspector pursuant to this chapter, except that nothing in this chapter prevents:
A person who is licensed, certified or registered pursuant to this chapter or another chapter in this title from acting within the scope of the person?s license, certification or registration.
A person who is employed by a governmental entity from inspecting residential structures if the inspection is within official duties and responsibilities.
A person from performing a home inspection if the home inspection will be used solely by a bank, savings and loan association or credit union to monitor progress on the construction of a residential structure, unless otherwise required by federal law or regulation.
A person who is employed as a property manager for a residential structure and whose official duties and responsibilities include inspecting the residential structure from performing a home inspection on the structure if the person does not receive separate compensation for the inspection work.?
A.R.S. ? 32-145 states: Any person who commits any of the following acts is guilty of a class 2 misdemeanor:
Practices, offers to practice or by any implication holds himself out as qualified to practice architecture, assaying, engineering, geology, home inspection, landscape architecture, assaying, engineering, geology, home inspection, landscape architecture or land surveying who is not registered or certified by this chapter.
Advertises or displays any card, sign or other device that may indicate to the public that the person is a home inspector or a registered professional architect, assayer, engineer, geologist, landscape architect or land surveyor, or is qualified to practice as such, who is not certified or registered as provided by this chapter.
Assumes the title of ?certified,? ?professional certified,? ?registered,? ?registered professional,? or ?professional registered? engineer, architect, geologist, assayer, landscape architect, home inspector or land surveyor, who is not certified or registered as provided by this chapter.
Uses a certification or certificate of registration of another, or uses an expired or revoked certification or certificate of registration.
Presents false evidence to the board with the intent to obtain a certification or certificate of registration.
Otherwise violates any provision of this chapter.
A.R.S. ? 32-101(B) provides: 17. "Home Inspection" means a visual analysis for the purposes of providing a professional opinion of the building, any reasonably accessible installed components and the operation of the building?s systems, including the controls normally operated by the owner, for the following components of a residential building of four units or less:
(a) Heating system
(b) Cooling system
(c) Plumbing system
(d) Electrical system
(e) Structural components
(g) Roof covering
(h) Exterior and Interior
(i) Site aspects as they affect the building
18. "Home Inspection Report" means a written report that is prepared for compensation, that is issued after a home inspection and that clearly describes and identifies the inspected systems, structures and components of the dwelling and any major visible defects found to be in need of immediate major repair and any recommendations for additional evaluation by appropriate persons.
19. "Home Inspector" means an individual who is certified pursuant to this chapter as a home inspector and who engages in the business of performing home inspections and writing home inspection reports.
Joe Tedesco, NEC Consultant