Current through Register Vol. XLI, No. 50, December 13, 2024
Section 103-7-8 - Prohibited Acts8.1. The State Fire Marshal may make investigations or conduct hearings to determine whether a violation of this rule has occurred.8.2. The State Fire Marshal may refuse to grant or may suspend or revoke a home inspector certification upon proof to the satisfaction to the State Fire Marshal that the holder has: 8.2.a. Participated in an unfair business practice;8.2.b. Conducted an inspection not in conformance with the practices described in this rule;8.2.c. Perpetrated any fraud or deceit in obtaining or attempting to obtain or renew a certificate of registration or certificate of authorization; been negligent, incompetent, or committed an act of misconduct in the practice of home inspections;8.2.d. Failed to comply with any of the provisions of this or any of the rules applicable to home inspectors;8.2.e. Been disciplined by another state, territory, the District of Columbia, foreign country, the United States government, or any other governmental agency, if at least one of the grounds for discipline is the same or substantially equivalent to those grounds for discipline contained in this rule;8.2.f. Failed within thirty days to provide information requested by the State Fire Marshal as a result of a formal or informal complaint, which would indicate a violation of this rule;8.2.g. Knowingly made false statements or signed false statements, certificates, or affidavits to induce payment;8.2.h. Aided or assisted another person in violating any provision of this or any of the rules applicable to home inspectors;8.2.i. Violated any terms of probation imposed by the State Fire Marshal or practiced home inspections while the certification is suspended, revoked, non-renewed or inactive;8.2.j. Signed or approved any home inspection not reviewed by the individual actually signing the report.8.2.k. Engaged in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud or harm the public;8.2.l. Provided false testimony or information to the State Fire Marshal.8.3. It shall be considered an unfair business practice for a home inspector, a company that employs the inspector, or a company that is controlled by a company that also has a financial interest in a company employing a home inspector, to do any of the following: 8.3.a. To perform or offer to perform any repairs, or have a vested interest in any company that is to perform repairs, to a structure on which the inspector, or the inspector's company, has prepared a home inspection report within the preceding twelve months;8.3.b. To inspect, for compensation, any property in which the inspector, or the inspector's company, has any financial interest or any interest in the transfer of the property;8.3.c. To offer or deliver any compensation, inducement, or reward to the owner of the inspected property, the broker or agent, or other party who might receive a benefit, for the referral of any business to the inspector or the inspection company; or8.3.d. To accept an engagement to make an inspection or to prepare a report in which the inspection itself, or the fee payable for the inspection, is contingent upon either the conclusions in the report, pre-established findings, or the close of escrow.