`CHAPTER Home
100 DEFINITIONS, ORGANIZATION
PART Home 101 PURPOSE
Home 101.01 Purpose
and Scope.
(a) The rules of this title implement the
statutory responsibilities of the
(b) These provisions
regulate but are not limited to the licensing of home inspectors and the
practice of home inspection in the state of
Source. #9503,
eff 7-8-09
PART Home 102 DEFINITIONS
Home 102.01 Terms
Used. As used in these rules, the
following terms shall have the meanings indicated:
(a) "Board"
means the
(b) "Executive director"
means the board’s staff director, a person with delegated authority to perform
administrative and clerical functions for the board.
(c) "Home
inspector" means, “home inspector” as defined in RSA 310-A:183, IV namely
" a person who, by reason of professional education or practical
experience, or both, is qualified to engage in the practice of home inspections
as attested by licensing as a home inspector."
(d) "Home
inspection" means “home inspection” as defined in RSA 310-A:183, V namely
“the process by which a home inspector visually examines the readily accessible
systems and components of a home and which describes those systems and components
in accordance with the board-approved standards of practice and code of ethics.”
Source. #9503,
eff 7-8-09
PART Home 103
Home 103.01 Duties
and Responsibilities. The board
shall administer the provisions of RSA 310-A:182-201 which include but are not
limited to safeguarding property, to promoting public welfare and maintaining a
high standard of integrity, skills and practice in the profession of home
inspectors in this state.
Source. #9503,
eff 7-8-09
Home 103.02 Composition
of the Board. Pursuant to RSA
310-A:186, I the board shall consist of 7 members who meet the eligibility
requirements of RSA 310-A:186 I-,
Source. #9503,
eff 7-8-09
Home 103.03 The
Chairperson and Vice Chairperson.
The chairperson shall preside at all meetings. In the absence of the
chairperson, the vice-chairperson shall preside.
Source. #9503,
eff 7-8-09
Home 103.04 Staff.
The board shall designate an executive
director and such other staff members as are necessary to perform the
record-keeping and other statutory functions of the board and to oversee the
board’s day-to-day operations.
Source. #9503,
eff 7-8-09
Home 103.05 Organization.
Every two years, the board shall elect
or appoint a chairperson, vice-chairperson, and secretary at the first meeting
of the board in a calendar year.
Source. #9503,
eff 7-8-09
Home 103.06 Seal. The seal of the board shall be an embossed
circular seal consisting of 2 concentric circles, the outer circle having a
diameter of 1 7/8 inches and an inner circle having a diameter of 1 3/8 inches.
In the space between the 2 circles at the top of the seal there shall be the
words “Board of Home Inspectors.” At the
bottom of the seal, in the space between the 2 circles, there shall be the
words “State of
Source. #9503,
eff 7-8-09
Home 103.07 Office
Hours, Office Location, Mailing Address and Telephone.
(a) The board’s
office shall be located at the New Hampshire Office of Professional Licensure
& Certification, 121 South Fruit Street, Concord, N.H. and shall be open to
the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.
(b) Correspondence
shall be addressed to the board’s executive director at:
New Hampshire Office
of Professional Licensure & Certification
121 South Fruit
Street, Suite 201
Concord, N.H. 03301
(c) The board’s
telephone number shall be (603)-271-2219.
Source. #9503,
eff 7-8-09; ss by #12462, eff 1-23-18
PART Home 104 PUBLIC INFORMATION
Home 104.01 Record
of Board Actions. Minutes shall be
kept of board meetings and of official actions taken by the board. Minutes of
board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5
shall be a governmental record and shall be available for inspection during the
board’s ordinary office hours within 5 days from the close of the meeting or
vote in questions unless the 72 hours availability requirement of RSA 91-A:3,
Source. #9503,
eff 7-8-09
Home 104.02 Custodian
of Records. Persons desiring copies
of board records shall submit a request which identifies as particularly as
possible the information being sought and agrees to pay the actual costs
incurred by the board for the documents provided. If records are requested which contain both
public and confidential information, the board shall delete the confidential
information and provide the remaining information.
Source. #9503,
eff 7-8-09
Home 104.03 Roster
Distribution. Copies of a roster
containing names, addresses, and assigned numbers of licensed home inspectors
shall be furnished upon request. The fee
shall be $30.00.
Source. #9503,
eff 7-8-09
Home 105.01 Meetings. Regular meetings shall be held at least 3
times each year. Special meetings shall be called by order of the chairperson
or secretary. Each member of the board
shall be notified in writing of each meeting and such notice shall contain the
place, date, time, and subject of the meeting. Notice of meetings shall be posted at the
board office and the state house.
Source. #9503,
eff 7-8-09
Home 105.02 Quorum. A quorum of the board shall consist of not
less than 4 members and a majority vote by the members present shall be
necessary to pass a motion unless otherwise specified by law. In the absence of the chair, vice chair, or
secretary, a quorum of the board shall designate a pro tempore officer for
the officer or officers absent.
Source. #9503,
eff 7-8-09
Home 105.03 Board
Meeting Procedures. The board shall
conduct its meetings in the following order:
(a) Reading of the
minutes;
(b)
Interviews/meetings;
(c) Reading of
communications;
(d)
(e) Unfinished
business;
(f) New business;
and
(g) Adjournment.
Source. #9503,
eff 7-8-09
Home 105.04 Procedures. Roberts Rules of Order, 10th edition dated 2000
shall govern the procedures of the board.
Source. #9503,
eff 7-8-09
Home 105.05 Tentative
Decisions.
(a) When necessary
to conduct the board’s business in a timely and efficient manner, the board
shall instruct its staff or a committee of the board to prepare a draft
document, subject to subsequent review and approval by the board. Such instructions shall be known as tentative
decisions.
(b) Tentative
decisions shall not be final actions, and shall not be binding upon the board. Changes in the form or the substance of a
tentative decision shall be made as often as necessary to produce a final
document, which satisfactorily sets forth the final result the board intends to
reach. The board’s final decision
shall be issued only when
the necessary majority has voted in favor of the final form of the proposed
action, allowing time for printing or servicing the document in question.
Source. #9503,
eff 7-8-09
PART Home 106 APPOINTMENT OF COMMITTEES
Home 106.01 Committees.
(a) A committee
shall consist of one or more of board members who have been directed by the
board to investigate and make recommendations on matters which could be handled
by the full board.
(b) When expressly
authorized by the board, the authority of a committee shall include:
(1) The retention of voluntary assistance from
qualified non-board members; and
(2) The retention of paid advisors or consultants
pursuant to RSA 332-G:-3.
Source. #9503,
eff 7-8-09
CHAPTER
Home 200 RULES OF PRACTICE AND PROCEDURE
REVISION NOTE:
Document
#13789, effective 10-21-23, repealed Part Home 201 through Part Home 217 in
Chapter Home 200, titled “Practice and Procedure”, and
renamed the chapter as “Rules of Practice and Procedure”. Document #13789 also adopted a new Part Home 201
titled “Applicability and Waivers”, containing Home 201.01 titled “Applicability
of Plc 200” and Home 201.02 titled “Waiver of Substantive Rule.”
Document
#13789 replaces all prior filings affecting the rules in the former Chapter Home
200. The prior filings included the
following documents. Italics indicate
the rules were subject to expiration only pursuant to RSA 541-A:17, II:
#9504, eff 7-8-09
#9505, eff 7-8-09, EXPIRED: 7-8-17 (Home 217 only)
#12462, eff 1-23-18 (Home 217 only)
As practice and procedure rules, the rules in Document
#13789 will not expire except pursuant to RSA 541-A:17, II.
PART Home 201 APPLICABILITY AND WAIVERS
Home 201.01 Applicability of Plc 200. The Plc 200 rules shall govern the board of
home inspectors with regards to all procedures for:
(a) Adjudicatory
proceedings;
(b) Rulemaking
submissions, considerations, and disposition of rulemaking petitions;
(c) Public comment
hearings;
(f) Declaratory
rulings;
(g) All statements of
policy and interpretation;
(h) Explanation of
adopted rules;
(i) Voluntary
surrender of licenses; and
(j) Petitions for
waiver of rule.
Source. (See Revision
Note at chapter heading for Home 200) #13789, eff 10-21-23
Home 201.02 Waiver
of Substantive Rule.
(a) The board shall
initiate a waiver of a substantive rule upon its own motion by providing
affected parties with notice and opportunity to be heard and issuing an order
which finds that waiver would be necessary to advance the purpose of RSA
310-A:182 through RSA 310-A:201.
(b) Individuals who
wish to request a waiver of a rule shall submit a written request to the board,
which includes:
(1) The rule for which a waiver is requested;
(2) The anticipated length of time the requested
waiver will be needed;
(3) The reason for requesting the waiver;
(4) Evidence of how the waiver will provide for
the health and safety of the consumer or licensee;
(5) A time-limited written compliance plan which
sets forth plans to achieve compliance including an estimated date of
compliance; and
(6) The signature of the applicant.
(c) The board shall
consider the following when determining whether to approve or deny a waiver:
(1) If adherence to the rule would cause the
petitioner unnecessary or undue hardship;
(2) If the requested waiver is necessary because
of any neglect or misfeasance on the part of the practitioner;
(3) Whether enforcement of the rule would injure
a third person(s); and
(4) Whether waiver of the rule would injure a
third person(s).
(d) The board shall
approve a waiver of an administrative rule request only if:
(1) Granting a waiver does not have the effect of
waiving or modifying a provision of RSA 310-A;
(2) The petitioner has shown good cause exists pursuant
to (c) above to waive the rule; and
(3) The board determines that the individual’s
plans for compliance with the rule includes an estimated date of compliance and
eventual compliance.
(e) If the board,
after receiving and reviewing a request for a waiver, requires further
information or documents to determine granting or denying the waiver shall:
(1) Notify the applicant in writing within 30
days; and
(2) Specify the information or document the board
requires.
(f) The board shall
issue a written approval or denial of the waiver within 60 days of the date
that the request is received, unless additional information or documentation is
required. If additional information and
documentation is required, then the board shall issue a written approval or
denial within 60 days of receiving the requested information or documentation.
Source. (See Revision
Note at chapter heading for Home 200) #13789, eff 10-21-23
CHAPTER
Home 300 LICENSURE REQUIREMENTS
PART
Home 301 APPLICATION REQUIREMENTS
Home 301.01 Application Process.
(a)
Persons wishing to become licensed as a home inspector in New Hampshire
shall submit an application form provided by the board which contains the
information specified in Home 301.02, 301.03 and the application fee specified
in Home 301.04.
(b)
An application, which is not signed by the applicant, or is not
accompanied by cash, a valid check or a valid credit card number for the
application fee, shall not be accepted for processing and shall be returned to
the applicant.
(c)
If the application is denied, the applicant shall be provided an
opportunity to request a hearing for reconsideration pursuant to Home 206 on
the deficiency issues identified by the board.
Any such request shall be made in writing and received by the board
within 30 days of the receipt of the notification of denial.
(d)
Applications about which there has been no communication from the
applicant to the board for one year shall be destroyed.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 301.02 Application for Licensure.
(a) Each applicant for licensure shall
provide, or cause to be provided, the following on the “Application for
Licensure as a Home Inspector Form”, effective January 2018 and supplied by the
board:
(1) The applicant’s name, including any names
previously used;
(2) The applicant’s residence and business
addresses and telephone numbers;
(3) The applicant’s date of birth and place of
birth;
(4) The applicant’s
dates of employment, titles of positions, location and character of each
position, and the number of home inspections performed per week;
(5) Character of employment including types of
work performed and degree of responsibility;
(6) Highest grade attended including name of
institution, years attended, and graduation date;
(7) A listing of every state in which the
applicant holds or has ever held registration, certification, or licensure as a
home inspector with corresponding number and date of initial registration,
certification, or licensure;
(8) Whether the applicant has ever been denied
registration, certification, or licensure as a home inspector or disciplined by
this board or another home inspector licensing board in any other state and if
so, an explanation of the circumstances;
(9) Whether the
registration, certification, or licensure as a home inspector was issued by
examination;
(10) Whether the
applicant has ever been convicted of any felony, any misdemeanor, or a
violation and if so, the name of the court, the details of the offense, and the
date of conviction and the sentence imposed;
(11) The applicant’s social security number required
pursuant to
(12) A dated signature below the following
statement:
“I have read the
contents hereof and clearly understand that the correctness and truth of my
statements as recorded in this application are material, not only to the
issuance of the certificate of licensure, as applied for, but also to the
retention of said certificate, if issued.”; and
(13) The application fee as specified in Home
301.04.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 301.03 Additional Requirements. Applicants for licensure shall provide the
following:
(a)
A completed department of safety, division of state police “Criminal
Record Release Authorization Form”, revised 05/12, pursuant to RSA 310-A:190, I
(e);
(b) Proof of
liability insurance coverage consisting of at least the following:
(1) The name
and address of the insurance company;
(2) The name
and address of the certificate holder;
(3) Category
of coverage and minimum amounts of coverage; and
(4) Cancellation
policy of the insurance policy;
(c)
Evidence of successful completion of the National Home Inspectors
licensing examination; and
(d)
Evidence of successful completion of 80 hours of board approved
education pursuant to
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 301.04 Application/Licensure Fees.
(a)
The application for licensure shall be $200.00.
(b)
The wall display certificate fee for licensees shall be $50.00.
(c)
The biennial renewal fee shall be $200.00.
(d)
If the renewal is not received by the date of expiration, there shall be
a late fee of 20 percent per month.
(e)
The reinstatement fee after 12 months shall be the renewal fee plus 20
percent per month late fee totaling $680.00.
(f)
The fee for verification of licensure shall be $30.00.
(g)
The fee for replacement of a lost or mutilated certificate of licensure
shall be $50.00.
(h)
Course providers shall pay an evaluation fee of $30.00 each time a
course is submitted to the board to be evaluated for pre-licensing education
credit.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 301.05 Fees.
(a) All fees shall be paid in the form of cash,
money order, bank draft, check or credit card number payable to “Treasurer,
State of New Hampshire” and are non-refundable.
(b) Applicants paying with credit card shall do so
by completing a “Credit Card Sheet”, effective January 2018 and included with
the application.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
PART Home 302 QUALIFICATION OF APPLICANTS
Home 302.01 Candidate Requirements.
(a)
Candidates for licensure shall meet the requirements established by
(b)
The candidate shall have committed no misconduct as set forth in RSA
310-A:196. The board shall consider all
available evidence for all candidates for licensure, prior to granting a
license.
(c)
Qualifications shall be as follows:
(1) Candidates shall successfully complete 80
hours of board approved pre-licensing education consisting of the following
core areas:
a. Heating systems;
b. Cooling systems;
c. Plumbing systems
d. Electrical systems;
e. Structural components;
f. Foundations;
g. Roof coverings;
h. Exterior and interior components; and
i. Site aspects as they affect the building;
(2) Candidates shall be at least 18 years of
age;
(3) Candidates shall possess a high school
education or the equivalent;
(4) Candidates shall be of good moral and
professional character, as evidenced by:
a. The answers to questions Home 301.02 (a) (8)
and (10) on the application form;
b. Verification information as described in Home
301.02 (9) and 304.01; and
c. Criminal record report as described in Home
301.03 (a).
(d)
Standards of practice pursuant to
(e)
The board shall issue licenses to applicants who actively practiced home
inspection as a means of his or her livelihood for a one-year period preceding
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 302.02 Denial of Application. An application shall be denied if, after
notice and an opportunity for hearing, there is a finding that:
(a)
The applicant, or someone acting on the applicant's behalf, has
submitted false information to the board in connection with the application;
(b)
There is evidence of past disciplinary action taken by another licensing
body or a professional society or association, which indicates the applicant
cannot be relied upon to practice competently, and honestly, or adhere to the
standards of conduct required by Home 500 and
(c)
There is evidence of conviction of a felony or misdemeanor in the
criminal record report required by Home 301.03 (a) which indicates the
applicant cannot be relied upon to practice competently, and honestly, or
adhere to the ethical standards required by Home 500;
(d)
There is evidence of behavior that would violate the ethical and
professional standards of Home 500, Home 600 and
(e)
The applicant failed to meet the educational and experience requirements
of Home 302 and
(f)
The applicant failed to submit the documentation required per Home
301.03 and RSA 310-A:191;
(g)
The applicant failed to submit the fee required per Home 301.04; or
(h)
The applicant failed to successfully pass the examinations required per
Home 303.01.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 302.03 Approval of Pre-Licensing Courses.
(a)
Applicants for approval of pre-licensing courses shall submit the
following:
(1) A course outline describing content and
course hours to be taught, at least 3 months prior to the implementation of the
course on subject areas approved by the board, including:
a. New Hampshire
b. New Hampshire Code of Administrative Rules
Home 100-600;
c. Heating systems;
d. Cooling systems;
e. Plumbing systems;
f. Electrical systems;
g. Structural components;
h. Foundations;
i. Roof coverings;
j. Exterior and interior components;
k. Standards of practice; and
l. Site aspects as they affect the building.
(b)
Applicants for approval of a home inspection pre-licensing course shall
submit documentation to the Board substantiating the following:
(1) How the program curriculum reflects current
practice standards;
(2) The organization of the curriculum including:
a. The content of each of the courses;
b. The goals and objectives of each of the
courses;
c. The total number of hours of classroom
instruction;
d. Credentials of the instructor(s);
e. Expected student outcomes;
f. Curricular organization;
g. Course and unit objectives; and
h. The processes used to evaluate the progress
of the students.
(c)
Written permission for the board to visit the program site for the
purpose of assessing the program's compliance with the requirements for board
approval.
(d)
If necessary to make effective the permission described in Home 302.03
(c), written permission shall be required from the program's sponsoring
institution for the board to visit the program site for the purpose of
assessing the program's compliance with the requirements for board approval.
(e)
The fee required pursuant to Home 301.04 (g).
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
PART Home 303 EXAMINATIONS
Home 303.01 Examinations.
(a)
Candidates for licensure shall have successfully passed the National
Home Inspectors examination created and graded by the Examination Board of
Professional Home Inspectors.
(b)
The examination shall be administered on a computer at National Home
Inspector Examination test centers on dates set by the Examination Board of
Professional Home Inspectors.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
PART Home 304 RECIPROCITY
Home 304.01 Reciprocity. Candidates for licensure who are licensed or
registered in another state, provided that the other state grants reciprocity
to residents of this state and whose licensure or registration requirements are
substantially equivalent to or higher than those of this state, shall apply to
the board for licensure on a form provided by the board as specified in Home
301.02 and pay the fee per Home 301.04 (a) or (b) the verification of licensure
or examination shall be obtained by the candidate for licensure and submitted
to the board directly from the verifying state for approval.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
PART Home 305 CREDENTIALS
Home 305.01 License. An applicant for licensure as a home
inspector, who has satisfactorily met all the requirements of RSA 310-A and who
has paid all of the fees, shall be issued a license by the board. The licensee shall be issued a license
authorizing the practice of home inspection that shall show the full name of
the licensee, shall have a serial number, and shall be signed by members of the
board.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 305.02 Pocket Cards. Biennially, the board shall issue a licensure
card, numbered to correspond with the home inspector’s assigned number to each
licensed home inspector upon renewal of the license. The card shall certify that the home
inspector holds a license in good standing and is authorized to practice as a
home inspector to the date of expiration as shown on the card.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 305.03 Licensed Home Inspector Seal/Stamp/License
Number.
(a)
Upon issuance by the board of a license to an applicant as a licensed
home inspector, the licensee shall acquire an impression type seal or rubber
stamp of the design approved by these rules and submit the seal to the board
for approval. This seal shall bear the licensee's name and number as shown on
the license.
(b)
The seal shall consist of 2 concentric circles with the outer circle
having a diameter of 1- 9/16 inches and the inner circle diameter of 15/16
inches. In the space between the
circles, the top shall be the words "Licensed Home Inspector" and at
the bottom "State of New Hampshire."
In the space inside the inner circle shall be the full name of the
licensee over an image of a house and the license number written horizontally.
(c)
The stamping or sealing of any documents by the licensee with the
licensee's seal after the license has expired, has been suspended, revoked, or
surrendered voluntarily shall be a violation of these rules. The stamping or sealing of any documents by
the licensee not prepared by the licensee personally or under the licensee’s
direct supervision shall be a violation of these rules.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
CHAPTER Home 400 CONTINUED
STATUS
PART Home 401 RENEWAL OF LICENSE
Home 401.01 Expirations and Renewals. Pursuant to RSA 310-A:192, licenses shall be
renewed by written application prior to the expiration date and by payment of
the prescribed renewal fee. The board
shall notify each home inspector one month prior to expiration of their
license. If properly renewed, a license
shall remain in effect continuously from the date of issuance, unless suspended
or revoked by the board.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 401.02 Renewal of License.
(a) Any licensee
wishing to renew a license shall submit:
(1) The completed “NH Home Inspector Renewal
Form” supplied by the board;
(2) The fee specified in Home 301.04;
(3) If the renewal is not received by the date of
expiration, a late fee of 20 percent per month for a period of twelve months;
(4) Proof of completion of the continuing education
requirements of Home 403; and
(5) A copy of the licensee’s military orders
calling them to active duty pursuant to Home 401.02 (b).
(b) Upon request of
the licensee who is a member of the armed forces or the reserves or the
national guard of the United States that is called to active duty, the board
shall place the license in inactive status.
The license may be reactivated within one year of the licensee’s release
from active status by payment of the renewal fee unless still within the
renewal period.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 401.03 Renewal Application. The applicant shall supply the following
information on or with the “NH Home Inspector Renewal Form” for license
renewal:
(a)
The applicant’s full name, license number, and license expiration date;
(b)
The applicant’s business address and telephone number;
(c)
The applicant’s home address and telephone number;
(d)
The applicant’s email address;
(e)
An attestation that the information provided by the applicant is true
and correct to the best of the applicant’s knowledge and belief and complies
with the minimum of 20 continuing education hours required by RSA 310-A:192;
(f)
A statement indicating any disciplinary action brought against the
applicant;
(g)
A statement indicating whether the applicant has ever been convicted of
any felony, or any misdemeanor, and if so, the name of the court, the details
of the offense and the date of conviction and the sentence imposed;
(h)
A statement indicating that to his or her knowledge the applicant has
adhered to the ethical and professional standards of
(i)
Acknowledgment that the provision of materially false information in the
application known by the applicant to be untrue is a basis for denial;
(j)
Acknowledgement that, if the applicant provided false information that
is discovered after the license is renewed, it is a basis for disciplinary
action by the board;
(k)
Proof of liability insurance coverage consisting of at least the
following:
(1) The name and address of the insurance
company;
(2) The name and address of the certificate
holder;
(3) Liability insurance coverage and minimum
amounts of coverage; and
(4) Cancellation policy of the insurance policy;
(l)
A “New Hampshire Board of Home Inspectors Continuing Education Activity
Log”, effective January 2018, which demonstrates successful completion of 20 hours
of board approved education pursuant to
(m)
The renewal fee as specified in Home 301.04; and
(n)
The applicant’s signature and date.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 401.04 Denial of Renewal. Renewal shall be denied if, after notice and
an opportunity for hearing, the board finds:
(a)
Noncompliance with the continuing education requirements of Home 403.01;
(b)
Any unethical act for which discipline shall be imposed under
(c)
Reasons for which an initial application could be denied;
(d)
Failure to furnish complete or accurate information on an initial or
renewal license application; or
(e)
Failure to file a renewal application within 12 months of license
expiration.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 401.05 Reinstatement. A home inspector whose license to practice
home inspection in this state has been allowed to lapse for a period of 12
months or more shall:
(a)
File an “Application for Reinstatement”, effective January 2018, with
the board that shall include at least the following:
(1) The applicant’s full name;
(2) The applicant’s business address and
telephone number;
(3) The applicant’s home address and telephone
number;
(4) Documentation that the applicant has complied
with the continuing education requirements of Home 403;
(5) A statement indicating any disciplinary
action brought against the applicant;
(6) A statement indicating whether the applicant
has ever been convicted of any felony, any misdemeanor, or a violation and if
so, the name of the court, the details of the offense and the date of
conviction and the sentence imposed;
(7) A statement indicating that to their
knowledge the applicant has adhered to the ethical and professional standards
of
(8) A representation that the applicant
acknowledges that the provision of false information in the application is
a basis for disciplinary action by the board;
(9) The names, complete addresses, occupation and
business relationship with applicant of one reference from home inspectors as
defined by RSA 310-A:183 VI;
(10) Proof of liability insurance coverage
consisting of at least the following:
a. The name and address of the insurance
company;
b. The name and address of the certificate
holder;
c. Liability insurance coverage and minimum
amounts of coverage; and
d. Cancellation policy of the insurance policy;
(11) Evidence of successful completion of the
National Home Inspectors licensing examination; and
(12) The applicant’s signature and date.
(b) Applicants for reinstatement shall provide the
reference identified in (a)(9) above with a confidential reference form and
cover letter, included in the application for reinstatement. Such reference
form shall be returned directly to the board by the home inspector making the
reference.
(c)
Applicants shall submit the application and reinstatement fees as
specified in Home 301.04.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 401.06 Denial of Reinstatement. Reinstatement shall be denied if, after
notice and an opportunity for hearing, the board finds:
(a)
Noncompliance with the continuing education requirements of Home 403.01;
(b)
Any unethical act for which discipline shall be imposed under
(c)
Reasons for which an initial application could be denied; or
(d)
Failure to furnish complete or accurate information on an initial or
renewal license application.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
PART Home 402 DISCIPLINARY MATTERS
Home 402.01 Initiation of Disciplinary Action. The board shall undertake misconduct
investigations, settlements of misconduct allegations, or disciplinary
hearings, in response to any information which reasonably suggests that a
licensee has engaged in professional misconduct.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 402.02 Disciplinary Sanctions.
(a)
Other than immediate license suspensions authorized by RSA 541-A:30, III
the board shall impose disciplinary sanctions only:
(1) After prior notice and an opportunity to be heard;
or
(2) Pursuant to a mutually agreed upon settlement
or consent decree.
(b)
When the board receives notice that a licensee has been subjected to
disciplinary action related to professional conduct by the licensing authority
of another jurisdiction, where the license was not reinstated, the board shall
issue an order directing the licensee to demonstrate why reciprocal discipline
should not be imposed in New Hampshire.
(c)
In a disciplinary proceeding brought on the basis of discipline imposed in
another jurisdiction the licensee shall be subject to any disciplinary sanction
authorized by RSA 310-A:196, V after considering the presence of aggravating or
mitigating circumstances.
(d)
After a finding that misconduct has occurred, the board shall impose one
or more of the disciplinary sanctions authorized by RSA 310-A:197, V after
considering the presence of aggravating or mitigating circumstances.
(e)
The following shall be considered aggravating circumstances:
(1) The seriousness of the offense;
(2) Prior disciplinary record;
(3) Lack of willingness to cooperate with the
board; and
(4) Potential harm to public health and safety.
(f)
The following shall be considered mitigating circumstances:
(1) Absence of a prior disciplinary record;
(2) Willingness to cooperate with the board;
(3) Acknowledgment of his or her wrongdoing; and
(4) The purpose of the rule or statute violated.
(g)
No hearing date established in a proceeding conducted under Home 402.02
shall be postponed at the request of the licensee unless the licensee also
agrees to continue the suspension period, if any, pending issuance of the
board’s final decision.
(h)
Copies of board orders imposing disciplinary sanctions and copies of all
settlement agreements or consent decrees shall be sent to the licensing body of
each state in which the licensee is licensed and to such other entities,
organizations, associations, or boards as are required to be notified under
applicable state or federal law.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 402.03 Administrative Fines.
(a)
Adjudicative procedures seeking the assessment of an administrative fine
shall be commenced against any person subject to such fines under any provision
of
(b)
When persons subject to the board’s disciplinary authority are directed
to pay fines pursuant to Home 402.02, such fines shall be assessed in
accordance with the factors stated in Home 402.02 (e) and (f) and the following
additional considerations:
(1) In addition to the circumstances outlined in
Home 402.02(e), the board shall consider the aggravating factor of the cost of
any investigation or hearing conducted by the board, as demonstrated by the
cost of any third party investigators, prosecutors, or expert witnesses
retained by the board; and
(2) In addition to the circumstances outlined in Home
402.02(f), the board shall consider the mitigating factor of the licensee’s
ability to pay a fine assessed by the board.
(c)
Administrative fines shall not exceed the following amounts:
(1) When no violation of the same type has
occurred during a period of licensure within the 5 years preceding the board’s
notice to the respondent, the fine assessed shall not exceed $200.00 per day or
$1,000.00 per offense, whichever is greater;
(2) When a single disciplinary infraction of the
same type has occurred during a period of licensure within the 5 years
preceding the board’s notice to the respondent, the fine assessed shall not
exceed $200.00 per day or $1,500.00 per offense whichever is greater;
(3) When more than one disciplinary infraction of
the same type has occurred during a period of licensure within the 5 years
preceding the board’s notice to the respondent, the fine assessed shall not
exceed $200.00 per day or $2,000.00 per offense whichever is greater;
(4) In the case of continuing violations, a separate
fine shall be assessed for each day the violation continues; and
(5) A single course of continuing conduct shall
be treated as a single violation for purposes of Home 402.03 (c), (1), (2), and
(3).
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 402.04 Procedures for Assessing and Collecting
Fines.
(a)
Payment of a fine shall be included among the options available for
settling disciplinary allegations, and shall be included among the types of
disciplinary sanctions imposed after notice and hearing.
(b)
In cases where the board initially intends to limit disciplinary
sanctions to an administrative fine, the board shall issue a “notice of
apparent liability” describing the alleged offense, stating the amount of the
assessed fine, and notifying the alleged offender that he or she shall pay or
compromise the fine by a certain date or request that an administrative hearing
be held. If a hearing is requested, the
notice of apparent liability shall be withdrawn and a notice of hearing shall
be issued. In such hearings, the board’s
disciplinary options shall not be limited to the assessment of an
administrative fine.
(c)
Nonpayment of a fine by a licensee or respondent in contravention of an
order, agreement, or promise to pay, shall be a separate ground for discipline
by the board and a basis for denying a subsequent license and renewal
application and a basis for judicial action seeking to collect the fine.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
PART Home 403 CONTINUING EDUCATION
Home 403.01 Renewal Requirements.
(a)
Continuing education hours shall be earned pursuant to RSA 310-A:192.
(b)
A renewal application shall not be accepted for filing unless the
licensee indicates on the renewal application, and under penalty of unsworn
falsification, that he or she has completed the minimum required hours of
approved continuing education hours required pursuant to
(c)
Each licensee shall obtain at least 20 continuing education hours of
approved continuing education courses during the biennial renewal period as a
condition of license renewal.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 403.02 Continuing Education Hour Requirements. Continuing education hours shall meet the
following criteria:
(a)
Continuing education activities shall be relevant to the practice of
home inspection or no credit shall be awarded. Such continuing education
activities may include technical, ethical, or managerial content;
(b)
The content of each presentation shall be well organized and presented
in a sequential manner; and
(c)
There shall be a provision for individual participant course or program
registration including information required for record keeping and reporting.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 403.03 Continuing Education Hour Credits. Continuing education hours shall be credited
as follows:
(a)
A maximum of 6 continuing education hours shall apply to activity on a
state or national board of licensure;
(b)
Courses or programs awarded one college semester hour of credit shall
equal 45 continuing education hours based on course credit established by the
college or university;
(c)
Courses or programs awarded one college quarter hour shall equal 30
continuing education hours;
(d)
Courses or programs awarded one continuing education unit shall equal 10
continuing education hours;
(e)
Credit shall be awarded for one hour of continuing education in course
work, seminars, or professional technical presentations made at meetings,
conventions, or conferences for each hour of attendance. Attendance at
qualifying programs presented at professional or technical society meetings
shall earn continuing education hour units for the actual time of each program;
(f)
Teaching or instructing qualifying courses or seminars or making
presentations at technical meetings shall earn continuing education hours
credit at twice that of participants.
Teaching credit shall be valid for teaching a course or seminar for the
first time only. Teaching credit shall
not apply to full-time faculty;
(g)
Active participation in professional or technical societies shall equal
2 continuing education hours and shall require that a registrant serve as an
officer or actively participate in a committee of the organization. Continuing
education hour credits shall not be earned until each year service is completed
and shall be limited to 2 continuing education hours per organization per year;
and
(h)
Continuing education credits shall not be recognized for any repeat
program attended or completed.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 403.04 Record Keeping.
(a)
The responsibility of maintaining records to be used to support credits
claimed shall be the responsibility of the licensee.
(b)
Records shall contain at least the following documentation:
(1) A log showing the type of activity claimed,
sponsoring organization, location, instructor’s or speaker’s name, and
continuing education hours credits earned; and
(2) Attendance verification records in the form
of completion certificates or other documents supporting evidence of attendance
such as:
a. Signed attendance receipts;
b. Paid receipts; or
c. A copy of a listing of attendees signed by a
person sponsoring the course or program or the course or program provider.
(c)
The licensee shall retain attendance verification records for a period
of at least 4 years. Such documentation shall be made available to the board
for random audit and verification purposes. Documentation shall support
continuing education hours claimed. Failure to provide documentation for audit
verification shall result in disciplinary action.
(d)
Not less than 5% of the licensees shall be randomly selected each year
by the board for compliance with Home. 403.01.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 403.05 Exemptions.
(a)
A licensee shall be exempt from the continuing education requirements
for any of the following reasons:
(1) A licensee serving on temporary active duty
in the armed forces of the United States for a period of time exceeding 120
consecutive days in a year shall be exempt from obtaining the continuing
education hours required during that year; or
(2) Licensees experiencing disability, illness,
or other extenuating circumstances which would prevent the licensee from
completing the required continuing education hours shall apply in writing to
the board for specific exemption.
(b)
Relevant supporting documentation shall be furnished to the board when
necessary for a fair and informed determination by the board.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 403.06 Waiver of Continuing Education Deadline. A waiver of continuing education deadlines
shall be granted provided that a petition to that effect is filed at least 30
days before the expiration of the biennial renewal period in question or that
late filing is justified by a showing of good cause. Good cause shall include accident, illness,
or other circumstances beyond the control of the licensee. No waiver petition shall be granted which
does not propose a specific timetable for completing specific courses which
will meet the petitioner’s continuing education deficiency.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
CHAPTER
Home 500 ETHICAL STANDARDS
PART Home 501 ETHICAL STANDARDS/PROFESSIONAL CONDUCT
Home 501.01 Purpose and Scope.
(a)
To establish and maintain a high standard of integrity, skills, and
practice in the practice of home inspection, the following rules of
professional conduct are adopted in accordance with
(b)
The rules shall be binding upon every person holding a license issued by
the board.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 501.02 Obligation To Obey.
(a)
The professional standards set forth in this part and Home 600 shall
bind all licensees, and violation of any such standard shall result in
disciplinary sanctions. Conduct proscribed
by these ethical standards, when performed by a candidate for licensure as a
home inspector in this state, or during a prior period of licensure, shall
result in denying a license application.
(b)
All persons licensed under
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 501.03 Code of Ethics. The ethical standards binding licensees shall
be the code of ethics pursuant to RSA 310-A:185.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
CHAPTER
Home 600 STANDARDS OF PRACTICE
PART
Home 601 PURPOSE
Home 601.01 Purpose and Scope.
(a)
The purpose of these standards of practice is to establish a minimum and
uniform standard for home inspectors.
These standards of practice are intended to provide the public with
objective information regarding the condition of the systems and components of
the home as inspected at the time of the home inspection.
(b)
The rules shall be binding upon every person holding a license issued by
the board.
(c)
These standards of practice shall be applicable to buildings with 4 or
fewer dwelling units, individual residential condominium units, and their
attached garages or attached carports.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
PART
Home 602 DEFINITIONS
Home 602.01 Definitions:
(a)
“Alarm systems” means warning
devices installed or free-standing including but not limited to smoke
detectors, carbon monoxide detectors, flue gas, and other spillage detectors,
and security equipment.
(b)
“Architectural services” means
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 for construction, including
but not specifically limited to, schematic design, design development,
preparation of construction contract documents, and administration of the
construction contract.
(c)
“Automatic safety controls” means devices designed and installed to
protect systems and components from unsafe conditions.
(d)
“Component” means a part of a system.
(e)
“Decorative” means ornamental, not required for the operation of the
essential systems and components of a home.
(f)
“Describe” means to identify, in writing, a system or component by its
type or other distinguishing characteristics.
(g)
“Dismantle” means to take apart or remove any component, device, or
piece of equipment that would not be taken apart or removed by a homeowner in
the course of normal and routine home owner maintenance.
(h)
“Engineering” means the application of scientific knowledge for the
design, control, or use of building structures, equipment, or apparatus
building structures, equipment, or apparatus.
(i)
“Further evaluation” means examination and analysis by a qualified
professional, tradesman, or service technician beyond that provided by the home
inspection.
(j)
“Home inspection” means the process by which an inspector visually
examines the readily accessible systems and components of a home and which
describes those systems and components in accordance with these standards of
practice.
(k) “Household appliances” means kitchen, laundry,
and similar appliances, whether installed or free-standing.
(l)
“Inspect” means to examine any system or component of a building in
accordance with Home 600, using normal operating controls and opening readily
accessible covers.
(m)
“Inspector” means a person hired to examine any system or component of a
building in accordance with these standards of practice.
(n)
“Installed” means attached such that removal requires tools.
(o)
“Normal operating controls” means devices such as thermostats, switches,
or valves intended to be operated by the homeowner.
(p) “Readily accessible” means available for
visual inspection without requiring moving of personal property, dismantling,
destructive measures, use of a ladder, or any action which will likely involve
risk to persons or property.
(q)
“Readily accessible panel” means a panel provided for homeowner
inspection and maintenance that is readily accessible, within normal reach, can
be removed by one person, and is not sealed in place.
(r)
“Recreational facilities” means spas, saunas, steam baths, swimming
pools, exercise, entertainment, athletic, playground or other similar
equipment, and associated accessories.
(s)
“Report” means communicate in writing.
(t)
“Representative number” means one component per room for multiple
similar interior components such as windows and electric receptacles and one
component on each side of the building for multiple similar exterior components
(u)
“Roof drainage systems” means components used to carry water off a roof
and away from a building.
(v)
“Siding” means exterior wall covering and cladding; such as: aluminum,
asphalt, brick, cement or asbestos, exterior insulation finishing system, stone, stucco, veneer, vinyl,
or wood.
(w)
“Significantly deficient” means unsafe or not functioning.
(x)
“Shut down” means a state in which a system or component cannot be
operated by normal operating controls.
(y)
“Solid fuel burning appliances” means a hearth and fire chamber or
similar prepared place in which a fire may be built and that is built in
conjunction with a chimney, or a listed assembly of a fire chamber, its
chimney, and related factory-made parts designed for unit assembly without
requiring field construction.
(z)
“Structural component” means a component that supports non-variable
forces or weights, dead loads and variable forces or weights, live loads.
(aa)
“System” means a combination of interacting or interdependent
components, assembled to carry out one or more functions.
(ab)
“Technically exhaustive” means an investigation that involves
dismantling, the extensive use of advanced techniques, measurements,
instruments, testing, calculations, or other means.
(ac)
“Under floor crawl space” means the area within the confines of the
foundation and between the ground and the underside of the floor.
(ad)
“Unsafe” means a condition in a readily accessible, installed system or
component that is judged to be a significant risk of bodily injury during normal,
day-to-day use caused by damage, deterioration, improper installation, or a
change in accepted residential construction standards.
(ae)
“Wiring methods” means identification of electrical conductors or wires
by their general type, such as non-metallic sheathed cable, armored cable, or
knob and tube.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
PART
Home 603 REPORT REQUIREMENTS
Home 603.01 Report Requirements.
(a)
The home inspector shall inspect readily accessible, observable,
installed systems and components.
(b)
The home inspector shall report those systems and components inspected
that, in the professional opinion of the inspector, are not functioning
properly, significantly deficient, unsafe, or near the end of their service
lives.
(c)
The home inspector shall make recommendations to correct, or monitor for
future correction, the deficiencies reported in Home 603.01 (b) or items needing
further evaluation.
(d)
The home inspector shall report systems and components designated for
inspection pursuant to the standards of practice that were present at the time
of the home inspection but were not inspected and the reason or reasons they
were not inspected.
(e) These standards of
practice shall not limit inspectors from including other inspection services or
systems and components in addition to those required in Home 603.01 (a).
(f)
The home inspector shall exclude systems and components from the
inspection if requested by the client.
(g)
Home inspectors shall not have to determine methods or materials
necessary for corrections.
(h)
Home inspectors shall not project costs of repairs.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 603.02 Home Inspection Standards.
(a)
When inspecting structural systems the home inspector shall:
(1) Inspect the structural components including
the foundation, framing, floor structure, wall structure, ceiling structure,
and roof structure;
(2) Inspect a representative number of structural
components where deterioration is suspected or where clear indications of
possible deterioration exist;
(3) Not conduct probing when probing would damage
any finished surface or where no deterioration is visible or presumed to exist;
and
(4) Report the methods used to inspect
under-floor crawl spaces and attics.
(b)
When inspecting the structural systems the home inspector shall
describe:
(1) The foundation;
(2) The floor structure;
(3) The wall structure;
(4) The ceiling structure; and
(5) The roof structure.
(c)
The home inspector shall not provide any engineering or architectural
service or analysis unless qualified pursuant to
(d)
When inspecting the exterior the home inspector shall inspect:
(1) Siding, flashing, and trim;
(2) All exterior doors;
(3) Attached decks, balconies, stoops, steps,
porches, and their associated railings;
(4) Eaves, soffits, and fascias where accessible
from the ground level; and
(5) Entryway walkways, patios, driveways,
vegetation, grading, surface drainage, and retaining walls which are likely to
adversely affect the building.
(e)
When inspecting the exterior the home inspector shall describe the type
of siding.
(f)
The home inspector shall not have to inspect:
(1) Screening, shutters, awnings, and similar
seasonal accessories;
(2) Fences;
(3) Geological and soil conditions;
(4) Recreational facilities;
(5) Outbuildings or detached structures;
(6) Seawalls, break-walls, and docks; and
(7) Erosion control and earth stabilization
measures.
(g)
When inspecting roof systems the home inspector shall inspect:
(1) Roofing materials;
(2) Roof drainage systems;
(3) Flashing; and
(4) Skylights, chimney exteriors, and roof
penetrations.
(h)
When inspecting the roof systems the home inspector shall describe:
(1) Roofing materials;
(2) Roof drainage systems; and
(3) Chimney exteriors.
(i)
When inspecting the roof system the home inspector shall report the
methods used to inspect the roofing.
(j)
The home inspector shall not have to inspect:
(1) Antennae;
(2) Interiors of flues or chimneys on or attached
to the roof; and
(3) Other installed accessories.
(k)
When inspecting the plumbing system the home inspector shall inspect:
(1) Interior water supply and distribution
systems including all fixtures and faucets;
(2) Drain, waste, and vent systems including all
fixtures;
(3) Water heating equipment and hot water supply
system;
(4) Vent systems;
(5) Fuel storage and fuel distribution systems
within the structure; and
(6) Drainage sumps, sump pumps, and related
piping.
(l)
When inspecting the plumbing system the home inspector shall describe:
(1) Interior water supply and distribution
systems;
(2) Drain, waste and vent systems;
(3) Water heating equipment and hot water supply
system; and
(4) Fuel storage and distribution systems.
(m)
When inspecting the plumbing system the home inspector shall report the
location of main water and main fuel shut-off valves.
(n)
The home inspector shall not have to inspect:
(1) Clothes washing machine connections;
(2) Interiors of plumbing appliance flues
or chimneys;
(3) Wells, well pumps, or water storage related
equipment;
(4) Water conditioning systems;
(5) Solar water heating systems;
(6) Fire and lawn sprinkler systems;
(7) Private waste disposal and sewer ejector systems;
and
(8) Automatic safety controls or manual stop
valves.
(o)
The home inspector shall not have to determine:
(1) Whether water supply and waste disposal
systems are public or private; and
(2) Water supply quantity or quality.
(p)
When inspecting the electrical system the home inspector shall inspect:
(1) Service drop;
(2) Service entrance conductors, cables, and
raceways;
(3) Service equipment and main disconnects;
(4) Service grounding;
(5) Interior components of service panels and sub
panels;
(6) Conductors;
(7) Overcurrent protection devices; and
(8) A representative number of installed lighting
fixtures, switches, and receptacles.
(q)
When inspecting the electrical system the home inspector shall describe:
(1) The amperage and voltage rating of the
service;
(2) The location of main disconnects and sub
panels;
(3) Wiring methods;
(4) Service grounding; and
(5) Over current protection devices.
(r)
When inspecting the electrical system the home inspector shall report:
(1) Presence of solid conductor aluminum branch
circuit wiring; and
(2) Absence of smoke detectors and ground fault
circuit interrupters.
(s)
The home inspector shall not have to inspect:
(1) Remote control devices;
(2) Alarm systems and components;
(3) Low voltage wiring systems and components;
(4) Ancillary wiring systems and components not a
part of the primary electrical power distribution system within the house
structure;
(5) Generators and their control and distribution
systems;
(6) The operation of
smoke detectors; and
(7) Solar equipment
and components.
(t)
The home inspector shall not measure amperage, voltage, or impedance.
(u)
When inspecting the heating system the home inspector shall open readily
accessible panels and inspect:
(1) Installed central heating system;
(2) Distribution system;
(3) Vent systems and chimney exteriors; and
(4) Fuel storage and distribution systems
excluding propane tanks.
(v)
When inspecting the heating system the home inspector shall describe:
(1) Installed central heating system;
(2) Distribution system; and
(3) Vent systems.
(w) When inspecting the heating system the home
inspector shall report energy source or sources.
(x)
The home inspector shall not have to inspect:
(1) Interiors of heat source flues or chimneys;
(2) Heat exchangers;
(3) Humidifiers or dehumidifiers;
(4) Electronic air filters;
(5) Solar space heating systems;
(6) Mechanical dampers; and
(7) Propane tanks.
(y)
The home inspector shall not have to determine heat supply adequacy or
distribution balance.
(z)
When inspecting the air conditioning system the home inspector shall
open readily accessible panels to inspect:
(1) Permanently installed central systems; and
(2) Distribution systems.
(aa)
When inspecting the air conditioning system the home inspector shall
describe permanently installed central systems.
(ab)
The home inspector shall not have to:
(1) Inspect electronic air filters;
(2) Determine cooling supply adequacy or
distribution balance;
(3) Inspect window or wall mounted air
conditioning units; and
(4) Operate air conditioning systems when the
conditions adversely affect the operation of the equipment.
(ac)
When inspecting the interior the home inspector shall inspect:
(1) Walls, ceilings, and floors;
(2) Steps, stairways, and railings;
(3) Countertops and a representative number of
installed cabinets;
(4) Garage doors and garage door operators; and
(5) A representative number of windows and doors.
(ad)
The home inspector shall not have to inspect:
(1) Paint, wallpaper, and other finish
treatments;
(2) Finished floor coverings;
(3) Window treatments;
(4) Central vacuum systems;
(5) Household appliances; and
(6) Recreational facilities.
(ae)
When inspecting the insulation and ventilation the home inspector shall
inspect:
(1) Insulation in unfinished spaces;
(2) Ventilation of attics and foundation areas;
and
(3) Mechanical ventilation systems.
(af) When inspecting insulation and ventilation the
home inspector shall describe:
(1) Insulation in unfinished spaces; and
(2) Ventilation of attics and foundation areas.
(ag)
When inspecting insulation and ventilation the home inspector shall
report the absence of insulation in unfinished spaces at conditioned surfaces.
(ah)
The home inspector shall not have to:
(1) Disturb insulation;
(2) Identify types of insulation; and
(3) Inspect air-to-air exchangers or other
similar systems.
(ai)
When inspecting fireplaces the home inspector shall inspect:
(1) Built-in fireplaces; and
(2) Chimney exterior and vents.
(aj)
When inspecting fireplaces the home inspector shall describe built-in
fireplaces.
(ak)
The home inspector shall not have to inspect:
(1) Interiors of fireplace flues or chimneys;
(2) Fire screens and doors;
(3) Seals and gaskets;
(4) Automatic fuel feed devices;
(5) Mantles and fireplace surrounds;
(6) Combustion make-up air devices;
(7) Heat distribution assists, gravity fed and
fan assisted;
(8) Solid fuel burning appliances; and
(9) Gas appliances.
(al)
The home inspector shall not have to:
(1) Determine draft characteristics; and
(2) Move fireplace inserts and stoves or firebox
contents.
(am)
The home inspector shall not have to determine:
(1) Conditions of systems or components which are
not readily accessible;
(2) Remaining life expectancy of any system or
component;
(3) Strength, adequacy, effectiveness, or
efficiency of any system or component;
(4) The causes of any condition or deficiency;
(5) Methods or materials necessary for
corrections;
(6) The suitability of the property for any
specialized use;
(7) Compliance with regulatory requirements
including codes, regulations, laws, ordinances, manufacturers installation
specifications, and utility company requirements;
(8) The presence of potentially hazardous plants
or animals including, but not limited to wood destroying organisms or diseases
harmful to humans including molds or mold-like substances;
(9) The presence of any environmental hazards
including, but not limited to toxins, carcinogens, noise, and contaminants in
soil, water, and air;
(10) The effectiveness of any system installed or
method utilized to control or remove suspected hazardous substances; and
(11) Soil conditions relating to geotechnical or
hydrologic specialties.
(an)
Home inspectors shall not have to enter:
(1) Any area that will, in the opinion of the
inspector, likely be dangerous to the inspector or other persons or damage the
property or its systems or components; and
(2) Attics and under-floor crawl spaces which are
not readily accessible.
(ao)
Home inspectors shall not have to inspect:
(1) Underground items
including, but not limited to underground storage tanks or other underground
indications of their presence, whether abandoned or active;
(2) Items that are not installed;
(3) Installed decorative items;
(4) Items in areas that are not entered in
accordance with Home 603.02 (ao) (1);
(5) Detached structures;
(6) Common elements or common areas in multi-unit
housing, such as condominium properties or cooperative housing; and
(7) Interiors of multi-unit housing flues, vents,
or chimneys.
(ap)
Home inspectors shall not be required to:
(1) Perform any procedure or operation that will,
in the opinion of the inspector, likely be dangerous to the inspector or other
persons or damage the property or its systems or components;
(2) Use a ladder;
(3) Describe or report on any system or component
that is not included in these standards and was not inspected;
(4) Move personal property, furniture, equipment,
plants, soil, snow, ice, or debris;
(5) Dismantle any system or component, except as
explicitly required by Home 600;
(6) Walk on roofs; and
(7) Operate sump pumps.
(aq)
Home inspectors shall not:
(1) Report on market value of property or its
marketability;
(2) Report on the advisability or inadvisability
of the purchase of the property;
(3) Offer or perform additional inspectional
services such as engineering, architectural, surveying, plumbing, electrical,
pest control, or any other inspectional service requiring an occupational
license and or registration in New Hampshire unless the inspector holds a valid
registration and or occupational license, in which case he or she may inform
the client that he or she is so registered or licensed, and is therefore
qualified to go beyond this subdivision;
(4) Estimate or project the cost of repairs or
exclude any defects from the report based on their cost of repair;
(5) Determine or verify property lines;
(6) Operate any system or component that is shut
down or otherwise inoperable;
(7) Operate any system or component, which does
not respond to normal operating controls;
(8) Predict future conditions and failure of
systems or components;
(9) Project operating costs of systems or
components;
(10) Evaluate acoustical characteristics of any
system or component;
(11) Determine any basement or crawlspace water tightness;
and
(12) Ignite or turn off any solid or liquid gas
fuel burning device.
(ar)
The home inspector shall not have to perform any action or make any
determination not specifically stated in these standards of practice.
(as)
Inspections performed in accordance with these standards of practice
shall not have to identify concealed conditions, latent defects, or
consequential damage or damages.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
CHAPTER
Home 700 VOLUNTARY LICENSE SURRENDER
PART
Home 701 PROCEDURE
Home 701.01 Procedure for Surrendering a License. Any person holding a license may voluntarily
surrender that license by returning it to the board accompanied by a signed
letter stating that he or she intends to surrender his or her license.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 701.02 Effect of Voluntary License Surrender.
(a) A licensee who voluntarily surrenders a
license shall retain no right or privilege of a New Hampshire license unless
such a right or privilege is expressly preserved in the board order or
settlement agreement authorizing the voluntary surrender. Subject to such possible preservations, a
person who reapplies for licensure in New Hampshire after a voluntary surrender
shall have the burden of proving compliance with all of the requirements then
in effect for new applicants and professional character requirements.
(b)
Non-renewal of a license shall not preclude the board from investigating
or completing a disciplinary proceeding based upon the licensee’s professional
conduct while the license was still in effect.
Nor shall surrender of a license preclude the board from investigating
disciplinary proceedings not expressly referenced in the voluntary surrender
order or settlement agreement. Such
investigations and proceedings shall be handled in the same manner as other
disciplinary investigations and proceedings.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
Home 701.03 Voluntary Surrender When Misconduct
Allegations are Pending.
(a)
A licensee who wishes to surrender his or her license as part of a
settlement of pending misconduct allegations shall make a written settlement
offer to the board before the close of the record in a disciplinary hearing.
(b)
Any settlement agreement reached under (a), above, shall include the
following concessions:
(1) That the license surrender has occurred in
settlement of pending disciplinary charges; and
(2) That the pending disciplinary allegations
shall be fully resolved in any future application filed by the licensee in New
Hampshire.
(c)
The board shall decline to accept a settlement agreement under (a),
above, if the board believes the licensee has declined to disclose material
information concerning the alleged misconduct or has refused to stipulate to
the truth of specific material facts concerning the alleged misconduct which
would be necessary to protect the public interest in the event the licensee
subsequently reapplies for a license.
(d)
A licensee’s stipulation of facts shall be exempt from public disclosure
to the extent permitted by RSA 91-A and if the public portion of the settlement
agreement or surrender document expressly states that a separate, confidential
stipulation of facts is on file with the board.
(e)
The fact of license surrender and the terms of any settlement agreement
pertaining thereto shall be distributed to all relevant licensing authorities
and professional societies in the same manner as a final decision containing
specific finding of professional misconduct.
Source. #9506, eff 7-8-09; ss by #12463, eff 1-23-18
APPENDIX
Rule |
Specific State Statute the Rule Implements |
|
|
Home 101 |
RSA 310-A:182 |
Home 102 |
RSA 310-A:183 |
Home 103-106 |
RSA 541-A:16, I(a) |
Home
103.07 |
RSA
541-A:16, I(a) |
|
|
Home 201.01 |
RSA 541-A:16, I(b) |
Home 201.02 |
RSA 541-A:16, I(b) |
|
|
Home 301-304 |
RSA 310-A:197, I (a)(b); RSA 310-A:190 RSA 310-A:191 |
Home 301.04-301.05 |
RSA 310-A:187, I(e); RSA 310-A:188 |
Home
302.01-302.03 |
RSA
310-A:187, I(a)(b); RSA 310-A:190 I-IV |
Home
303.01 |
RSA
310-A:187, I(i) |
Home
304 |
RSA
310-A:194 |
Home
305 |
RSA
310-A:187, I(j); RSA 310-A:193 |
|
|
Home
401 |
RSA
310-A:187, I(d); RSA 310-A:195 |
Home
402 |
RSA
310-A:187, I(f); RSA 310-A:196, I-II; |
Home
403 |
RSA
310-A:187, I(d); RSA 310-A:195 |
|
|
Home
500 |
RSA
310-A:187 I(b); RSA 310-A:185 |
|
|
Home
600 |
RSA
310-A:184 |
|
|
Home
700 |
RSA
541-A:16, I(b) intro. |