Current through the 2023 Regular Session
Section 39-9-212 - Home inspector registration - penalty - rulemaking(1) A home inspector, whether as an individual or a partnership, corporation, or manager-managed or member-managed limited liability company, shall register with the department on forms provided by the department and pay a registration fee for each home inspector covered by the registration. The registration fee must be set by the department by rule as provided in 39-9-206.(2) For a first-time registration, a home inspector shall document that each person working under the registration certificate as a home inspector: (a) has successfully completed a minimum of 40 hours of comprehensive home inspection instruction approved by the department or a passing grade on the national home inspector examination offered by the examination board of professional home inspectors or another national examination as provided by the department by rule;(b) is a member of a national home inspection association; and(c) is covered by liability insurance, a minimum of $100,000 coverage in errors and omissions insurance, and either workers' compensation coverage or, if the home inspector is self-employed with no other employees and does not have workers' compensation coverage, an independent contractor's exemption certificate.(3) A home inspector renewing a registration shall provide documentation that each home inspector covered by the registration: (a) has completed 40 hours of continuing education over the prior 2 years;(b) is a member in a national home inspection association; and(c) is covered by liability insurance, a minimum of $100,000 in errors and omissions insurance, and either workers' compensation coverage or an independent contractor's exemption certificate if the home inspector is self-employed with no other employees.(4) Failure to register and pay a registration fee may result in: (a) a fine as determined by the department by rule; and(b) removal of the home inspector's registration on the department's website used to list registered home inspectors. Upon payment of the registration fee, the department shall reinstate the listing and charge a fee for reinstatement as provided in 39-9-206.(5)(a) A fee or fine collected under this section must be deposited in a state special revenue account to the credit of the department for administration and enforcement of this chapter.(b) A penalty under this section does not apply to a violation that is determined to be an inadvertent error.(6) The department may adopt rules to implement this section.Added by Laws 2019, Ch. 294,Sec. 1, eff. 1/1/2020.