815 KAR 6:010. Home inspector licensing requirements and maintenance of records.

815 KAR 6:010. Home inspector licensing requirements and maintenance of records.

RELATES TO: KRS 198B.700, 198B.706, 198B.712, 198B.714, 198B.722, 198B.724

STATUTORY AUTHORITY: KRS 198B.706

NECESSITY, FUNCTION AND CONFORMITY: KRS 198B.706(1) and (15) require the Kentucky Board of Home Inspectors to promulgate administrative regulations necessary to enforce the provisions of KRS 198B.700 to 198B.738 and to establish requirements for licensing and certification as well as prescribing forms and applications. KRS 198B.706(7) requires the board to inspect the records of a licensee. KRS 198B.706(11) requires the board to establish continuing education requirements. KRS 198B.722 requires the board to set the requirements for renewal of licenses. This administrative regulation establishes the licensure and record requirements for home inspectors.

Section 1. Definitions. (1) "Applicant" is defined by KRS 198B.700(1).

(2) "Board" is defined by KRS 198B.700(2).

(3) "Licensee" is defined by KRS 198B.700(7).

Section 2. Application Requirements. (1) Applicants for a home inspector license shall submit the following:

(a) A properly completed "Application for Licensure as a Kentucky Home Inspector", Form KBHI 1; and

(b) A nonrefundable fee of $250.

(2) Except for an applicant applying pursuant to KRS 198B.736, an applicant for a home inspector license shall:

(a) Complete and pass a board-approved, prelicensing training course administered by a provider who has been approved by the board in accordance with 815 KAR 6:040. For applicants who were in the home inspection business on or before May 9, 2006, the board may consider and approve training courses that are equivalent to the requirements of subsection (8) of this section; and

(b) Pass an examination conducted by a test provider approved by the board.

(3) Requests to sit for the examination shall be made directly to the test provider.

(4) The examination fee shall be set by the testing company and shall be paid directly to the test provider.

(5) A passing score on the examination shall be valid for a period of three (3) years.

(6) Failing the examination.

(a) An applicant who fails to pass the examination two (2) times shall wait at least fourteen (14) days prior to retaking the examination.

(b) An applicant who fails to pass the examination three (3) or more times shall wait at least thirty (30) days prior to retaking the examination.

(7) Procedures and conduct.

(a) The applicant shall follow:

1. Procedures and appropriate conduct established by the board or testing service administering an examination if the procedures and conduct requirements are provided or made available to each applicant or orally announced before the start of the examination; and

2. Written instructions communicated prior to the examination date and any instructions communicated at the testing site, either written or oral, on the date of the examination.

(b) Failure to comply with all procedures established by the board or the testing service with regard to conduct at the examination may be grounds for denial of the application.

(8) Course requirements. A prelicensing training course approved by the board shall require a minimum of:

(a) Sixty-four (64) credit hours of training in the following subject areas for at least the number of hours specified:

1. Manufactured housing - three (3) hours;

2. Standards of practice, licensing law and regulations, contracts, report writing and communications - eleven (11) hours;

3. Exterior, roofing, insulation and ventilation - six (6) hours;

4. Structure and interior - nine (9) hours;

5. Electrical and plumbing - nine (9) hours;

6. Heating and air conditioning - six (6) hours;

7. Actual inspection - sixteen (16) hours, with:

a. Eight (8) hours in a laboratory; and

b. Eight (8) hours in field training;

8. General residential construction - three (3) hours; and

9. Environmental hazards, mitigation, water quality and indoor air quality - one (1) hour;

(b) The completion of three (3) unpaid home inspections with satisfactory written reports submitted to the course provider; and

(9) Criminal background checks and other disciplinary proceedings.

(a) Each applicant shall undergo a state-wide criminal background check administered by a law enforcement agency capable of conducting a state-wide background check and submit the results of the check along the applicant’s application.

(b) If an applicant has resided in a state for less than five (5) years prior to application, the applicant shall also obtain and submit a state-wide criminal background check from the state where the applicant previously resided.

1. Has been convicted of a:

a. Felony;

b. Crime involving theft or dishonesty; or

c. Sex offense; or

2. Has had disciplinary action taken against a professional license, certificate, registration, or permit held by the applicant or licensee.

Section 3. Alternative Requirement Licensing. (1) Pursuant to KRS 198B.736, an applicant may be granted a license based upon years of experience and number of home inspections performed without having to meet the prelicensing course and examination requirements of Section 2 of this administrative regulation.

(2) An applicant applying under this provision shall:

(a) Submit a properly completed Form KBHI 1; and

(b) Pay a nonrefundable fee of $250.

(3) An applicant seeking licensure under this section shall submit a properly completed Form KBHI 1 on or before December 29, 2006.

Section 4. Reciprocity. (1) Pursuant to KRS 198B.714, an applicant may obtain a license by reciprocity.

(2) An applicant seeking a license through reciprocity shall:

(a) Submit a properly completed Form KBHI 1;

(b) Pay a nonrefundable fee of $250; and

Section 5. Nonresident Licensees. Nonresident licensees shall:

(1) Submit a fully completed Form KBHI 1;

(2) Pay a nonrefundable fee of $250; and

(3) Comply with the provisions set forth in KRS 198B.716 and this administrative regulation.

Section 6. Renewal of Licenses. (1) In addition to the requirements set forth in KRS 198B.722, to renew a license, the licensee shall:

(a) Satisfy the continuing education requirements of Section 7 of this administrative regulation;

(b) Pay a nonrefundable renewal fee of $250 per year;

(c) Submit a fully-completed "Application for Renewal of Kentucky Home Inspector License," Form KBHI 2, April, 2006, which is incorporated by reference; and

(d) Submit a copy of a completed inspection report that has been compiled within the previous twelve (12) months immediately preceding renewal.

(2) A licensee who qualified for licensure under the alternative requirement provisions of Section 3 of this administrative regulation shall obtain the following prior to the licensee’s first renewal:

(a) At least three (3) hours of continuing education in manufactured housing;

(b) At least six (6) hours of continuing education in Kentucky laws and administrative regulations; and

Section 7. Continuing Education. (1) The continuing education requirements of this section shall apply only to those licensees who will have been licensed at least twelve (12) months at license renewal.

(2) Each licensee shall be required to have at least fourteen (14) hours of continuing education per license year.

(3) Prior to any renewal, the continuing education shall consist of a minimum of the following:

(a) Three (3) hours in manufactured housing;

(b) Three (3) hours in Kentucky laws and administrative regulations; and

(4) Continuing education shall be obtained from those providers approved by the board as provided in 815 KAR 6:040.

Section 8. Maintenance of Records. (1) Address.

(a) A license holder shall report any change of address to the board in writing within thirty (30) days after the change.

(b) The board shall not be responsible for the license holder’s failure to receive notices, communications, and correspondence caused by the license holder’s failure to promptly notify the board of a change of address.

(2) Names.

(a) A license holder shall notify the board in writing of a name change within thirty (30) days of the change.

(b) The notification shall be accompanied by a copy of a marriage certificate, divorce decree, court order, or other documentation that verifies the name change.

(3) Inspection records.

(a) A licensed home inspector shall retain the following records for a period of three (3) years from the date of the inspection:

1. The written reports;

2. The contract; and

3. Any supporting documentation.

(b) Records may be retained in retrievable, electronic format.

Section 9. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "Application for Licensure as a Kentucky Home Inspector", Form KBHI 1, August, 2006; and

(b) "Application for Renewal of Kentucky Home Inspector License", Form KBHI 2, April, 2006.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of Housing, Buildings and Construction, 101 Sea Hero Road, Suite 100, Frankfort, Kentucky 40601-5405, Monday through Friday, 8 a.m. to 4:30 p.m. (32 Ky.R. 2400; 33 Ky.R. 778; eff. 10-6-2006.)