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
PART
Home 105 MEETINGS, DELIBERATIONS AND DECISIONS
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 PRACTICE
PART Home 201 PURPOSE
Home 201.01 Purpose
and Scope. The board shall conduct
various proceedings for the purpose of acquiring sufficient information to make
fair and reasoned decisions on matters within its statutory jurisdiction,
including decisions on applications for licensure and complaints filed against
license holders and others in the practice of home inspection. These rules are intended to secure the just,
efficient and accurate resolution of all board proceedings.
Source. #9504,
eff 7-8-09
PART Home 202 DEFINITIONS
Home 202.01 Definitions.
(a) “Appearance”
means a written notification to the board that a party or a party’s representative
intends to actively participate in a hearing.
(b) “Hearing” means
“adjudicative proceeding” as defined by RSA 541-A:1, I, namely, “the procedure to
be followed in contested cases, as set forth in RSA 541-A:31 through RSA
541-A:36.”
(c) “Motion” means a
request to the presiding officer for an order or ruling directing some act to
be done in favor of the party making the motion, including a statement of
justification or reasons for the request.
(d) “Natural person”
means a human being.
(e) “Party” means
“party” as defined by RSA 541-A:1, XII, namely, “each person or board named or
admitted as a party, or properly seeking and entitled as a right to be admitted
as a party.”
(f) “Person” means
“person” as defined by RSA 541-A:1, XIII, namely, “any individual, partnership,
corporation, association, governmental subdivision, or public or private
organization of any character other than a board.”
(g) “Presiding
officer” means presiding officer as defined in RSA 541-A:1, XIV.
(h) “Proof by a
preponderance of the evidence” means a demonstration by admissible evidence
that a fact or legal conclusion is more probable than not to be true.
Source. #9504,
eff 7-8-09
PART Home 203 PRESIDING OFFICER; WITHDRAWAL
Home 203.01 Presiding
Officer; Appointment; Authority.
(a) All hearings
shall be conducted for the board by a natural person appointed or authorized to
serve as a presiding officer.
(b) A presiding
officer shall as necessary:
(1) Regulate and control the course of a hearing;
(2) Facilitate an informal resolution acceptable
to all parties;
(3) Administer oaths and affirmations;
(4) Receive relevant evidence at hearings and
exclude irrelevant, immaterial or unduly repetitious evidence;
(5) Rule on procedural requests, including
adjournments or postponements, at the request of a party or on the presiding
officer's own motion;
(6) Question any witness to develop a complete
record;
(7) Cause a complete record of any hearing to be
made, as specified in RSA 541-A:31, VI; and
(8) Take any other action consistent with
applicable statutes, rules and case law necessary to conduct the hearing and
complete the record in a fair and timely manner.
Source. #9504,
eff 7-8-09
Home 203.02 Withdrawal
of Presiding Officer.
(a) Upon his or her
own initiative or upon the motion of any party, a presiding officer or board
official shall, for good cause, withdraw from any hearing.
(b) Good cause shall
exist if a presiding officer or board official:
(1) Has a direct interest in the outcome of a
proceeding, including, but not limited to, a financial or family relationship;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of a
case;
(3) Personally believes that he or she cannot
fairly judge the facts of a case.
(c) Mere knowledge
of the issues, the parties or any witness shall not constitute good cause for
withdrawal.
Source. #9504,
eff 7-8-09
Home 203.03 Waiver
or Suspension of Rules by Presiding Officer. The presiding officer, upon his or her own
initiative or upon the motion of any party, shall suspend or waive any
requirement or limitation imposed by this chapter upon reasonable notice to
affected persons when the proposed waiver or suspension appears to be lawful,
and would be more likely to promote the fair, accurate and efficient resolution
of issues pending before the board than would adherence to a particular rule or
procedure.
Source. #9504,
eff 7-8-09
PART Home 204 FILING, FORMAT
Home 204.01 Date
of Issuance or Filing. All documents
governed by these rules shall be rebuttably presumed to have been issued on the
date noted on the document and to have been filed with the board on the actual
date of receipt by the board, as evidenced by a date stamp placed on the
document by the board in the normal course of business.
Source. #9504,
eff 7-8-09
Home 204.02 Format
of Documents.
(a) All
correspondence, pleadings, motions or other documents filed under these rules
shall:
(1) Include the title and docket number of the
proceeding, if known;
(2) Be typewritten or clearly printed on durable
paper 8 1/2 by 11 inches in size;
(3) Be signed by the party or proponent of the
document, or, if the party appears by a representative, by the representative;
and
(4) Include a statement certifying that a copy of
the document has been delivered to all parties to the proceeding in compliance
with Home 204.03.
(b) A party or representative's
signature on a document filed with the board shall constitute certification
that:
(1) The signer has read the document;
(2) The signer is authorized to file it;
(3) To the best of the signer’s knowledge,
information and belief there are good and sufficient grounds to support it; and
(4) The document has not been filed for purposes
of delay.
Source. #9504,
eff 7-8-09
Home 204.03 Delivery
of Documents.
(a) Copies of all
petitions, motions, exhibits, memoranda, or other documents filed by any party
to a proceeding governed by these rules shall be delivered by that party to all
other parties to the proceeding.
(b) All notices,
orders, decisions or other documents issued by the presiding officer or board
shall be delivered to all parties to the proceeding.
(c) Delivery of all documents relating to a proceeding
shall be made by personal delivery or by depositing a copy of the document, by
first class mail, postage prepaid, in the United States mail, addressed to the
last address given to the board by the party or if represented to the party’s
representative.
(d) When a party
appears by a representative, delivery of a document to the party's
representative at the address stated on the appearance filed by the
representative shall constitute delivery to the party.
Source. #9504,
eff 7-8-09
PART Home 205 TIME PERIODS
Home 205.01 Computation
of Time.
(a) Unless otherwise
specified, all time periods referenced in this chapter shall be calendar days.
(b) Computation of
any period of time referred to in these rules shall begin with the day after
the action which sets the time period in motion, and shall include the last day
of the period so computed.
(c) If the last day
of the period so computed falls on a Saturday, Sunday or legal holiday, then
the time period shall be extended to include the first business day following
the Saturday, Sunday or legal holiday.
Source. #9504,
eff 7-8-09
PART Home 206 MOTIONS
Home 206.01 Motions;
Objections.
(a) Motions shall be
in written form and filed with the presiding officer, unless made in response
to a matter asserted for the first time at a hearing or on the basis of
information which was not received in time to prepare a written motion.
(b) Oral motions and
any oral objection to such motions shall be recorded in full in the record of
the hearing. If the presiding officer
finds that the motion requires additional information in order to be fully and
fairly considered, the presiding officer shall order the moving party to submit
the motion in writing, with supporting information within 5 days of the order.
Objections to such motions shall be filed within 5 days of the filing of the
motion.
(c) Objections to written
motions shall be filed within 30 days of the date of the motion;
(d) Failure by an
opposing party to object to a motion shall not in and of itself constitute
grounds for granting the motion.
(e) The presiding
officer shall rule upon a motion after full consideration of all objections and
other factors relevant to the motion.
Source. #9504,
eff 7-8-09
Home 206.02 Pleadings.
(a) The only
pleadings permitted shall be petitions, other than for rulemaking, and replies
to petitions. Applications shall not be considered pleadings.
(b) All petitions
shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the petitioner's
representative, if any;
(3) A concise statement of the facts that caused
the petitioner to request the board to act;
(4) The action that the petitioner wishes the
board to take; and
(5) The identification of any statutes, rules,
orders, or other authority that entitles the petitioner to request the board to
act.
(c) Board replies to
petitions shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the representative of
the petitioner, if any;
(3) A statement addressing each fact alleged in
the petition;
(4) A statement addressing the authority
identified by the petitioner;
(5) A concise response to each statement;
(6) The identification of any statutes, rules,
orders, or other authority, not identified in the petition, having a bearing
upon the subject matter of the petition; and
(7) The action the board took.
(d) Replies shall be
filed within 90 days from the date of the petition.
Source. #9504,
eff 7-8-09
PART Home 207 NOTICE OF HEARING; APPEARANCES;
Home 207.01 Commencement
of Hearing. A hearing shall be commenced
by an order of the board giving notice to the parties at least 30 days prior to
the hearing as required by Home 207.03.
Source. #9504,
eff 7-8-09
Home 207.02 Docket
Numbers. A docket number shall be
assigned to each matter to be heard which shall appear on the notice of hearing
and all subsequent orders or decisions of the board.
Source. #9504,
eff 7-8-09
Home 207.03 Notice
of Hearing.
(a) A notice of a hearing issued by the board at least 30
days prior to the hearing shall contain the information required by RSA
541-A:31,
(1) A statement of the time, place and nature of
any hearing;
(2) A statement of the legal authority under
which a hearing is to be held;
(3) A reference to the particular statutes and
rules involved including this chapter;
(4) A short and plain statement of the issues
presented;
(5) A statement that each party has the right to
have an attorney represent them at their own expense; and
(6) A statement that each party has the right to
have the board provide a licensed court reporter at the party’s expense and
that any such request shall be submitted in writing at least 10 days prior to
the hearing.
Source. #9504,
eff 7-8-09
Home 207.04 Appearances
and Representation.
(a) A party or the party’s representative shall file an
appearance that includes the following information:
(1) A brief identification of the matter;
(2) A statement as to whether or not the
representative is an attorney; and
(3) The party or representative's daytime address
and telephone number.
Source. #9504,
eff 7-8-09
Home 207.05 Prehearing
Conference. Any party may request,
or the presiding officer shall schedule on his or her own initiative, a
pre-hearing conference in accordance with RSA 541-A:31,V to consider:
(a) Offers of
settlement;
(b) Simplification
of the issues;
(c) Stipulations or
admissions as to issues of fact or proof by consent of the parties;
(d) Limitations on
the number of witnesses;
(e) Changes to
standard procedures desired during the hearing by consent of the parties;
(g) Any other matters
which aid in the disposition of the proceeding.
Source. #9504,
eff 7-8-09
PART Home 208 ROLES OF
Home 208.01 Role of
Board Staff in Enforcement or Disciplinary Hearings. Unless called as witnesses, board staff as
defined in Home 102.01 shall have no role in any enforcement or disciplinary
hearing.
Source. #9504,
eff 7-8-09
Home 208.02 Role
of Complainants in Enforcement or Disciplinary Hearings. Unless called as a witness or granted party
or intervenor status, a person who initiates an adjudicative proceeding by
complaining to the board about the conduct of a person who becomes a party
shall have no role in any enforcement or disciplinary hearing.
Source. #9504,
eff 7-8-09
PART Home 209 INTERVENTION
Home 209.01 Intervention.
(a) A non-party may
intervene in a matter pending before the board
under the provisions of RSA 541-A:32, by filing a motion stating facts
demonstrating that the non-party's rights or other substantial interests might
be affected by the proceeding or that the non-party qualifies as an intervenor
under any provision of law.
(b) If the presiding
officer determines that such intervention would be in the interests of justice
and would not impair the orderly and prompt conduct of the hearing, the
presiding officer shall grant the motion for intervention.
(c) Participation by
intervenors shall be limited to that which is necessary to protect the interest
identified in the petition for intervention.
(d) Petitions for intervention
shall be filed any time after commencement of a proceeding, and state:
(1) The petitioner's interest in the subject
matter of the hearing;
(2) Whether the petitioner appears in support of the complainant, or the respondent, as well
as for his or her own interest;
(3) Why the interests of the parties and the
orderly and prompt conduct of the proceeding would not be impaired; and
(4) Any other reasons why the petitioner should
be permitted to intervene.
(e) A person filing
a complaint that becomes the subject of a disciplinary hearing shall be served
with the hearing notice and notified of the right to intervene in the
proceeding.
(f) Once granted leave
to intervene, an intervenor shall take the proceeding as he or she finds it and
no portion of the proceeding shall be repeated because of the fact of
intervention.
Source. #9504,
eff 7-8-09
Home 210.01 Postponements.
(a) Any party to a
hearing may make an oral or written motion that a hearing be postponed to a
later date or time.
(b) If a postponement
is requested by a party to the hearing, it shall be granted if the presiding
officer determines that good cause has been demonstrated. Good cause shall include the unavailability
of parties, witnesses or attorneys necessary to conduct the hearing, the
likelihood that a hearing will not be necessary because the parties have
reached a settlement or any other circumstances that demonstrate that a
postponement would assist in resolving the case fairly.
(c) If the later
date, time and place are known at the time of the hearing that is being
postponed, the date, time and place shall be stated on the record. If the later date, time and place are not
known at the time of the hearing that is being postponed, the presiding officer
shall issue a written scheduling order stating the date, time and place of the
postponed hearing as soon as practicable.
Source. #9504,
eff 7-8-09
Home 210.02 Failure
to Attend Hearing.
(a) If any party to
whom notice has been given in accordance with Home 207.03 fails to attend a
hearing, the presiding officer shall declare that party to be in default unless
failure to attend is justified by a showing of good cause.
(b) Good cause shall
include accident, illness or other circumstances beyond the control of the
licensee.
(c) In the absence
of good cause for failure to attend the hearing, the presiding officer shall:
(1) Dismiss the case, if the party with the
burden of proof fails to appear;
(2) Hear the testimony and receive the evidence
offered by a party, if that party has the burden of proof in the case; or
(3) Grant a postponement of the hearing under the
provisions of Home 210.01.
Source. #9504, eff
7-8-09
PART Home 211 REQUESTS FOR INFORMATION OR DOCUMENTS
Home 211.01 Voluntary
Production of Information.
(a) Each party shall
attempt in good faith to completely and timely respond to requests for the
voluntary production of information or documents relevant to the hearing.
(b) When a dispute
between parties arises concerning a request for the voluntary production of
information or documents, any party may file a motion to compel the production
of the requested information under Home 211.02.
Source. #9504,
eff 7-8-09
Home 211.02 Motions
to Compel Production of Information.
(a) Any party may
make a motion requesting that the presiding officer order the parties to comply
with information requests. The motion
shall be filed at least 15 days before the date scheduled for the hearing, or
as soon as possible after receiving the notice of hearing.
(b) The moving
party’s motion shall:
(1) Set forth in detail those factors which it
believes justify its request for information; and
(2) List with specificity the information it is
seeking to discover.
(c) When a party has
demonstrated that such requests for information are necessary for a full and
fair presentation of the evidence at the hearing, the presiding officer shall
grant the motion.
Source. #9504,
eff 7-8-09
Home 211.03 Mandatory
Pre-Hearing Disclosure of Witnesses and Exhibits. At least 5 days before the hearing the
parties shall exchange a list of all witnesses to be called at the hearing with
a brief summary of their testimony, a list of all documents or exhibits to be
offered as evidence at the hearing, and a copy of each document or exhibit.
Source. #9504,
eff 7-8-09
PART Home 212 RECORD, PROOF, EVIDENCE
Home 212.01 Record
of the Hearing.
(a) The board shall
record the hearing by tape recording or other method that will provide a verbatim
record except for a proceeding on emergency action shall be governed by RSA
541-A:30,
(b) If any person
requests a transcript of the taped record, the board shall cause a transcript to be prepared and, upon
receipt of payment for the cost of the transcription, shall provide copies of
the transcript to the requesting party.
(c) At the request
of a party to any proceeding involving disciplinary action, the record of the
proceeding shall be made by a licensed court reporter provided by the board at
the requesting party’s expense. A
request for a licensed court reporter shall be filed at least 10 days prior to
the hearing.
Source. #9504,
eff 7-8-09
Home 212.02 Standard
and Burden of Proof. The party
asserting a proposition shall bear the burden of proving the truth of the
proposition by a preponderance of the evidence.
Source. #9504,
eff 7-8-09
Home 212.03 Testimony;
Order of Proceeding.
(a) Any person
offering testimony, evidence or arguments shall state for the record his or her
name, and role in the proceeding. If the
person is representing another person, the person being represented shall also
be identified.
(b) Testimony shall
be offered in the following order:
(1) The party or parties bearing the burden of
proof and such witnesses as the party may call;
(2) The party or parties opposing the party who bears
the overall burden of proof and such witnesses as the party may call.
Source. #9504,
eff 7-8-09
Home 212.04 Evidence.
(a) Receipt of
evidence shall be governed by the provisions of RSA 541-A:33.
(b) All documents,
materials and objects offered as exhibits shall be admitted into evidence
unless excluded by the presiding officer as irrelevant, immaterial, unduly
repetitious or legally privileged.
(c) All objections
to the admissibility of evidence shall be stated as early as possible in the
hearing, but not later than the time when the evidence is offered.
(d) Transcripts of
testimony and documents or other materials, admitted into evidence shall be
public records unless the presiding officer determines that all or part of a
transcript or document is exempt from disclosure under RSA 91-A:5 or applicable
case law.
Source. #9504,
eff 7-8-09
Home 212.05 Proposed
Findings of Fact and Conclusions of Law.
(a) Any party may
submit proposed findings of fact and conclusions of law to the presiding
officer prior to or at the hearing.
(b) Upon request of
any party, or if the presiding officer determines that proposed findings of
fact and conclusions of law would serve to clarify the issues presented at the
hearing, the presiding officer shall specify a date after the hearing for the
submission of proposed findings of fact and conclusions of law.
(c) In any case
where proposed findings of fact and conclusions of law are submitted, the
decision shall include rulings on the proposals.
Source. #9504,
eff 7-8-09
Home 212.06 Closing
the Record.
(a) After the
conclusion of the hearing, the record shall be closed and no other evidence
shall be received into the record, except as allowed by (b) below and Home
212.08.
(b) Before the
conclusion of the hearing, a party may request that the record be left open to
allow the filing of specified evidence not available at the hearing. If the other parties to the hearing have no
objection or if the presiding officer determines that such evidence is
necessary to a full consideration of the issues raised at the hearing, the
presiding officer shall keep the record open for the period of time necessary
for the party to file the evidence and for cross examination on such evidence.
Source. #9504,
eff 7-8-09
Home 212.07 Reopening
the Record. At any time prior to the
issuance of the decision on the merits, the presiding officer, on the presiding
officer’s own initiative or on the motion of any party, shall reopen the record
to receive relevant, material and non-duplicative testimony, evidence or
arguments not previously received, if the presiding officer determines that
such testimony, evidence or arguments are necessary to a full and fair
consideration of the issues to be decided.
Source. #9504,
eff 7-8-09
Home 212.08 Decisions.
(a) A board member
shall not participate in making a decision unless he or she personally heard
the testimony in the case, unless the matter’s disposition does not depend on
the credibility of any witness and the record provides a reasonable basis for
evaluating the testimony.
(b) If a presiding
officer has been delegated the authority to conduct a hearing in the absence of
a majority of the officials of the board who are to render a final decision,
the presiding officer shall submit to the board a written proposal for
decision, which shall contain a statement of the reasons for the decision and
findings of fact and rulings of law necessary to the proposed decision.
(c) If a proposal
for decision in a matter not personally heard by the board is adverse to a
party to the proceeding other than the board itself, the board shall serve a
copy of the proposal for decision on each party to the proceeding and provide
an opportunity to file exceptions and present briefs and oral arguments to the
board.
(d) A proposal for
decision shall become a final decision upon its approval by the board.
(e) The board shall keep
a decision on file in its records for at least 5 years following the date of
the final decision or the date of the decision on any appeal, unless the
director of the division of records management and archives of the department
of state sets a different retention period pursuant to rules adopted under RSA
5:40.
Source. #9504,
eff 7-8-09
Home 213.01 Purpose. The rules in this part are intended to
supplement any statutory provisions, including RSA 541, that require or allow a
person to request a rehearing of a decision of the board prior to appealing the
decision.
Source. #9504,
eff 7-8-09
Home 213.02 Applicability. The rules in this part shall apply whenever
any person has a right under applicable law to request a rehearing of a
decision prior to filing an appeal of the decision with the court having
appellate jurisdiction.
Source. #9504,
eff 7-8-09
Home 213.03 Filing
and Content of Motion.
(a) The motion for
rehearing shall be filed within 30 days of the date of the board decision or
order.
(b) A motion for
rehearing shall:
(1) Identify each error of fact, error of
reasoning, or error of law which the moving party wishes to have reconsidered;
(2) Describe how each error causes the board's
decision to be unlawful, unjust or unreasonable, or illegal in respect to
jurisdiction, authority or observance of the law, an abuse of discretion,
arbitrary, or capricious.
(3) State concisely the factual findings,
reasoning or legal conclusion proposed by the moving party; and
(4) Include any argument or memorandum of law the
moving party wishes to file.
Source. #9504,
eff 7-8-09
Home 213.04 Standard
for Granting Motion for Rehearing. A
motion for rehearing in a case subject to appeal under RSA 541 shall be granted
if it demonstrates that the board's decision is unlawful, unjust or
unreasonable.
Source. #9504,
eff 7-8-09
Home 213.05 Decision
on Motion for Rehearing. The board
shall grant or deny a motion for rehearing, or suspend the order or decision
pending further consideration within 10 days of the filing of the motion for
rehearing.
Source. #9504,
eff 7-8-09
PART Home 214 RULEMAKING PUBLIC COMMENT HEARINGS
Home 214.01 Purpose. The purpose of this part is to provide a uniform
procedure for the conduct of public hearings at which comment from the general
public will be solicited for evaluation and consideration by the board relative
to rulemaking.
Source. #9504,
eff 7-8-09
Home
214.02 Scope.
(a) These rules shall apply to all hearings
required by state law to be conducted by the board at which public comment
shall be solicited, except that they shall not apply to adjudicative hearings.
(b) If any
requirement set by these rules conflicts with an applicable statute such other
authority shall control.
Source. #9504,
eff 7-8-09
Home 214.03 Notice.
(a) A public comment
hearing concerning rulemaking shall be commenced by placing notice of the
hearing in the "Rulemaking Register" so that it shall appear at least
20 days prior to the hearing date.
(b) Notice for
rulemaking public comment hearings shall comply with RSA 541-A:6, I.
(c) Nothing in these
rules shall prohibit the board from giving greater notice than the minimums set
out in this part.
Source. #9504,
eff 7-8-09
Home 214.04 Media
Access.
(a) Public comment
hearings shall be open to the print and electronic media.
(b) The moderator shall
place limits on the activities of the media to avoid disruption in the
following ways:
(1) Limiting the placement of television cameras
to certain locations in the hearing room; and
(2) Prohibiting interviews from being conducted
within the hearing room during the hearing.
Source. #9504,
eff 7-8-09
Home 214.05 Moderator.
(a)
The hearing shall be presided over by a moderator who shall be the board chairperson or a designee.
(b) The moderator
shall:
(1) Call the hearing to order;
(2) Cause a recording of the hearing to be made;
(3) Place limits on the media to avoid disruption
as set out in Home 214.04(b);
(4) Recognize those who wish to be heard and
establish the order thereof;
(5) Limit the time for each speaker, as set out
in Home 214.06(b);
(6) Remove or have removed any person who
disrupts the hearing;
(7) Adjourn the hearing; and
(8) Provide opportunity for the submission of
written comments.
Source. #9504,
eff 7-8-09
Home 214.06 Public
Participation.
(a) Any person who wishes
to speak on the issue or issues which are the subject of the hearing shall
place his or her name and address on a speakers' list before the last speaker
on the list has finished speaking. All whose names appear on the speakers'
list, as provided, shall be afforded reasonable time to speak at the
hearing. Reasonable time shall be
determined considering the number of people who wish to be heard, the time and
the availability of the facility.
(b) The board,
through the moderator, shall:
(1) Refuse to recognize a person who refuses to
give his or her full name and address;
(2) When a group or organization wishes to
comment, limit the group to no more than
3 spokespersons, provided that the members who are present shall be allowed to
enter their names and addresses into the record as supporting the position by
the group or organization;
(3) Revoke recognition of a speaker who speaks or
acts in an abusive or disruptive manner; or
(4) Revoke recognition of a speaker who refuses
to keep his or her comments relevant to the issue or issues which are the
subject of the hearing.
(c) Written comments
may be submitted any time from the time notice has been published until the
record has been closed by the moderator, which shall not be less than 7
calendar days after the hearing.
(d) In the event
that the number of speakers who wish to give oral testimony relevant to the
issue or issues involved exceed that number which can be heard within a
reasonable period of time subject to facility availability and length of the
hearing, the hearing shall be reconvened pursuant to RSA 541-A:11,
Source. #9504,
eff 7-8-09
PART Home 215 PETITION FOR
RULEMAKING
Home 215.01 Petition
for Rulemaking.
(a) Any person may request
the board to commence a proceeding for the purpose of adopting, amending, or
repealing a rule by filing a written petition that contains:
(1) The text of the proposed rule or a statement
of the particular results intended by the petitioner to flow from the
implementation of the proposed rule;
(2) An identification of the particular rule
sought to be amended or repealed;
(3) Any data or argument the petitioner believes
would be useful to the board in deciding whether to commence a rulemaking proceeding;
and
(4) Name, address, signature of petitioner and
date signed.
Source. #9504,
eff 7-8-09
Home 215.02 Disposition
of Petition.
(a) The board shall consider
all petitions for rulemaking and proceed pursuant to RSA 541-A:4. The board shall request additional data or
argument from the petitioner or other interested persons to clarify the merits
of the petition.
(b) The board shall
grant the petition if the petition is consistent with statute and case law and
will assist the board with the regulation of the profession.
Source. #9504,
eff 7-8-09
PART Home 216 DECLARATORY RULINGS
Home 216.01 Petitions.
(a) Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 5 copies of a petition pursuant to Home 206.02 (b).
(b) A petition for declaratory ruling shall set forth the following information:
(1) The exact ruling being requested; and
(2) The statutory and factual basis for ruling,
including any supporting affidavits or memoranda of a law.
Source. #9504,
eff 7-8-09
Home
216.02 Action on Petitions.
(a) The petitioner
shall provide such further information or participate in such evidentiary or other
proceedings as the board shall direct after reviewing the petition and any
replies received.
(b) Upon review and consideration,
the board shall within 90 days rule on the petition pursuant to Home 206.02
(d).
Source. #9504,
eff 7-8-09
PART
Home 217 EXPLANATION AFTER ADOPTION
Home 217.01 Explanation after Adoption.
(a)
Any person may request an explanation regarding adoption of the rules
pursuant to RSA 541-A:11,
(b) The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after consideration.
Source. #9505, eff 7-8-09; ss by #12462, eff 1-23-18
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 201-213 |
RSA 310-A:187, I(f) (g); RSA 310-A:196, 197 RSA 541-A:16, I(b)(2) |
|
Home 214 |
RSA 541-A:16, I(b)(3) |
|
Home 215 |
RSA 541-A:16, I(c) |
|
Home 216 |
RSA 541-A:16, I(d) |
|
|
|
|
Home 217 |
RSA 310-A:187; RSA
541-A:11, VII |
|
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. |