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| To amend sections 121.08 and 4745.01 and to enact | 1 |
| sections 4735.581, 4768.01 to 4768.19, and 4768.99 | 2 |
| of the Revised Code to require the licensure of | 3 |
| home inspectors and to create the Ohio Home | 4 |
| Inspector Board to regulate the licensure and | 5 |
| performance of home inspectors. | 6 |
| Section 1. That sections 121.08 and 4745.01 be amended and | 7 |
| sections 4735.581, 4768.01, 4768.02, 4768.03, 4768.04, 4768.05, | 8 |
| 4768.06, 4768.07, 4768.08, 4768.09, 4768.10, 4768.11, 4768.12, | 9 |
| 4768.13, 4768.14, 4768.15, 4768.16, 4768.17, 4768.18, 4768.19, | 10 |
| and 4768.99 of the Revised Code be enacted to read as follows: | 11 |
| Sec. 121.08. (A) There is hereby created in the department | 12 |
| of commerce the position of deputy director of administration. | 13 |
| This officer shall be appointed by the director of commerce, serve | 14 |
| under the director's direction, supervision, and control, perform | 15 |
| the duties the director prescribes, and hold office during the | 16 |
| director's pleasure. The director of commerce may designate an | 17 |
| assistant director of commerce to serve as the deputy director of | 18 |
| administration. The deputy director of administration shall | 19 |
| perform the duties prescribed by the director of commerce in | 20 |
| supervising the activities of the division of administration of | 21 |
| the department of commerce. | 22 |
| (B) Except as provided in section 121.07 of the Revised Code, | 23 |
| the department of commerce shall have all powers and perform all | 24 |
| duties vested in the deputy director of administration, the state | 25 |
| fire marshal, the superintendent of financial institutions, the | 26 |
| superintendent of real estate and professional licensing, the | 27 |
| superintendent of liquor control, the superintendent of | 28 |
| industrial compliance, the superintendent of labor and worker | 29 |
| safety, the superintendent of unclaimed funds, and the | 30 |
| commissioner of securities, and shall have all powers and perform | 31 |
| all duties vested by law in all officers, deputies, and employees | 32 |
| of those offices. Except as provided in section 121.07 of the | 33 |
| Revised Code, wherever powers are conferred or duties imposed upon | 34 |
| any of those officers, the powers and duties shall be construed as | 35 |
| vested in the department of commerce. | 36 |
| (C)(1) There is hereby created in the department of commerce | 37 |
| a division of financial institutions, which shall have all powers | 38 |
| and perform all duties vested by law in the superintendent of | 39 |
| financial institutions. Wherever powers are conferred or duties | 40 |
| imposed upon the superintendent of financial institutions, those | 41 |
| powers and duties shall be construed as vested in the division of | 42 |
| financial institutions. The division of financial institutions | 43 |
| shall be administered by the superintendent of financial | 44 |
| institutions. | 45 |
| (2) All provisions of law governing the superintendent of | 46 |
| financial institutions shall apply to and govern the | 47 |
| superintendent of financial institutions provided for in this | 48 |
| section; all authority vested by law in the superintendent of | 49 |
| financial institutions with respect to the management of the | 50 |
| division of financial institutions shall be construed as vested in | 51 |
| the superintendent of financial institutions created by this | 52 |
| section with respect to the division of financial institutions | 53 |
| provided for in this section; and all rights, privileges, and | 54 |
| emoluments conferred by law upon the superintendent of financial | 55 |
| institutions shall be construed as conferred upon the | 56 |
| superintendent of financial institutions as head of the division | 57 |
| of financial institutions. The director of commerce shall not | 58 |
| transfer from the division of financial institutions any of the | 59 |
| functions specified in division (C)(2) of this section. | 60 |
| (D) There is hereby created in the department of commerce a | 61 |
| division of liquor control, which shall have all powers and | 62 |
| perform all duties vested by law in the superintendent of liquor | 63 |
| control. Wherever powers are conferred or duties are imposed upon | 64 |
| the superintendent of liquor control, those powers and duties | 65 |
| shall be construed as vested in the division of liquor control. | 66 |
| The division of liquor control shall be administered by the | 67 |
| superintendent of liquor control. | 68 |
| (E) The director of commerce shall not be interested, | 69 |
| directly or indirectly, in any firm or corporation which is a | 70 |
| dealer in securities as defined in sections 1707.01 and 1707.14 of | 71 |
| the Revised Code, or in any firm or corporation licensed under | 72 |
| sections 1321.01 to 1321.19 of the Revised Code. | 73 |
| (F) The director of commerce shall not have any official | 74 |
| connection with a savings and loan association, a savings bank, a | 75 |
| bank, a bank holding company, a savings and loan association | 76 |
| holding company, a consumer finance company, or a credit union | 77 |
| that is under the supervision of the division of financial | 78 |
| institutions, or a subsidiary of any of the preceding entities, or | 79 |
| be interested in the business thereof. | 80 |
| (G) There is hereby created in the state treasury the | 81 |
| division of administration fund. The fund shall receive | 82 |
| assessments on the operating funds of the department of commerce | 83 |
| in accordance with procedures prescribed by the director of | 84 |
| commerce and approved by the director of budget and management. | 85 |
| All operating expenses of the division of administration shall be | 86 |
| paid from the division of administration fund. | 87 |
| (H) There is hereby created in the department of commerce a | 88 |
| division of real estate and professional licensing, which shall be | 89 |
| under the control and supervision of the director of commerce. The | 90 |
| division of real estate and professional licensing shall be | 91 |
| administered by the superintendent of real estate and professional | 92 |
| licensing. The superintendent of real estate and professional | 93 |
| licensing shall exercise the powers and perform the functions and | 94 |
| duties delegated to the superintendent under Chapters 4735., | 95 |
|
4763., | 96 |
| (I) There is hereby created in the department of commerce a | 97 |
| division of labor and worker safety, which shall have all powers | 98 |
| and perform all duties vested by law in the superintendent of | 99 |
| labor and worker safety. Wherever powers are conferred or duties | 100 |
| imposed upon the superintendent of labor and worker safety, those | 101 |
| powers and duties shall be construed as vested in the division of | 102 |
| labor and worker safety. The division of labor and worker safety | 103 |
| shall be under the control and supervision of the director of | 104 |
| commerce and be administered by the superintendent of labor and | 105 |
| worker safety. The superintendent of labor and worker safety shall | 106 |
| exercise the powers and perform the duties delegated to the | 107 |
| superintendent by the director under Chapters 4109., 4111., and | 108 |
| 4115. of the Revised Code. | 109 |
| (J) There is hereby created in the department of commerce a | 110 |
| division of unclaimed funds, which shall have all powers and | 111 |
| perform all duties delegated to or vested by law in the | 112 |
| superintendent of unclaimed funds. Wherever powers are conferred | 113 |
| or duties imposed upon the superintendent of unclaimed funds, | 114 |
| those powers and duties shall be construed as vested in the | 115 |
| division of unclaimed funds. The division of unclaimed funds shall | 116 |
| be under the control and supervision of the director of commerce | 117 |
| and shall be administered by the superintendent of unclaimed | 118 |
| funds. The superintendent of unclaimed funds shall exercise the | 119 |
| powers and perform the functions and duties delegated to the | 120 |
| superintendent by the director of commerce under section 121.07 | 121 |
| and Chapter 169. of the Revised Code, and as may otherwise be | 122 |
| provided by law. | 123 |
| (K) The department of commerce or a division of the | 124 |
| department created by the Revised Code that is acting with | 125 |
| authorization on the department's behalf may request from the | 126 |
| bureau of criminal identification and investigation pursuant to | 127 |
| section 109.572 of the Revised Code, or coordinate with | 128 |
| appropriate federal, state, and local government agencies to | 129 |
| accomplish, criminal records checks for the persons whose | 130 |
| identities are required to be disclosed by an applicant for the | 131 |
| issuance or transfer of a permit, license, certificate of | 132 |
| registration, or certification issued or transferred by the | 133 |
| department or division. At or before the time of making a request | 134 |
| for a criminal records check, the department or division may | 135 |
| require any person whose identity is required to be disclosed by | 136 |
| an applicant for the issuance or transfer of such a license, | 137 |
| permit, certificate of registration, or certification to submit to | 138 |
| the department or division valid fingerprint impressions in a | 139 |
| format and by any media or means acceptable to the bureau of | 140 |
| criminal identification and investigation and, when applicable, | 141 |
| the federal bureau of investigation. The department or division | 142 |
| may cause the bureau of criminal identification and investigation | 143 |
| to conduct a criminal records check through the federal bureau of | 144 |
| investigation only if the person for whom the criminal records | 145 |
| check would be conducted resides or works outside of this state or | 146 |
| has resided or worked outside of this state during the preceding | 147 |
| five years, or if a criminal records check conducted by the bureau | 148 |
| of criminal identification and investigation within this state | 149 |
| indicates that the person may have a criminal record outside of | 150 |
| this state. | 151 |
| In the case of a criminal records check under section 109.572 | 152 |
| of the Revised Code, the department or division shall forward to | 153 |
| the bureau of criminal identification and investigation the | 154 |
| requisite form, fingerprint impressions, and fee described in | 155 |
| division (C) of that section. When requested by the department or | 156 |
| division in accordance with this section, the bureau of criminal | 157 |
| identification and investigation shall request from the federal | 158 |
| bureau of investigation any information it has with respect to the | 159 |
| person who is the subject of the requested criminal records check | 160 |
| and shall forward the requisite fingerprint impressions and | 161 |
| information to the federal bureau of investigation for that | 162 |
| criminal records check. After conducting a criminal records check | 163 |
| or receiving the results of a criminal records check from the | 164 |
| federal bureau of investigation, the bureau of criminal | 165 |
| identification and investigation shall provide the results to the | 166 |
| department or division. | 167 |
| The department or division may require any person about whom | 168 |
| a criminal records check is requested to pay to the department or | 169 |
| division the amount necessary to cover the fee charged to the | 170 |
| department or division by the bureau of criminal identification | 171 |
| and investigation under division (C)(3) of section 109.572 of the | 172 |
| Revised Code, including, when applicable, any fee for a criminal | 173 |
| records check conducted by the federal bureau of investigation. | 174 |
| Sec. 4735.581. (A) The superintendent of real estate and | 175 |
| professional licensing shall create a brochure to educate | 176 |
| consumers about home inspections. The superintendent, with the | 177 |
| advice and consent of the Ohio real estate commission, shall adopt | 178 |
| rules to specify the topics that must be covered in the brochure, | 179 |
| including both of the following topics: | 180 |
| (1) The home inspection process and the process for | 181 |
| inspections related to home inspections, including, but not | 182 |
| limited to, inspections for pests, radon gas, or both, and | 183 |
| inspections conducted by a person who is employed by or whose | 184 |
| services otherwise are retained by this state or a political | 185 |
| subdivision of this state for the purpose of enforcing building | 186 |
| codes; | 187 |
| (2) Issues a consumer should consider when selecting a home | 188 |
| inspector. | 189 |
| The superintendent shall distribute a copy of the brochure | 190 |
| the superintendent creates pursuant to this section to each | 191 |
| licensee licensed under this chapter. The superintendent shall | 192 |
| provide additional copies to a licensee, upon request. | 193 |
| (B) A licensee shall provide a copy of the brochure created | 194 |
| pursuant to division (A) of this section to a client at the time a | 195 |
| licensee enters into an agency disclosure agreement pursuant to | 196 |
| section 4735.58 of the Revised Code. | 197 |
| Sec. 4745.01. (A) "Standard renewal procedure," as used in | 198 |
| Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923., | 199 |
| 927., 942., 943., 953., 1321., 3710., 3713., 3719., 3742., 3748., | 200 |
| 3769., 3783., 3921., 3951., 4104., 4105., 4143., 4169., 4561., | 201 |
| 4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725., 4727., | 202 |
| 4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741., 4747., | 203 |
| 4749., 4752., 4753., 4755., 4757., 4758., 4759., 4761., 4766., | 204 |
| 4768., 4773., and 4775. of the Revised Code, means the license | 205 |
| renewal procedures specified in this chapter. | 206 |
| (B) "Licensing agency," as used in this chapter, means any | 207 |
| department, division, board, section of a board, or other state | 208 |
| governmental unit subject to the standard renewal procedure, as | 209 |
| defined in this section, and authorized by the Revised Code to | 210 |
| issue a license to engage in a specific profession, occupation, or | 211 |
| occupational activity, or to have charge of and operate certain | 212 |
| specified equipment, machinery, or premises. | 213 |
| (C) "License," as used in this chapter, means a license, | 214 |
| certificate, permit, card, or other authority issued or conferred | 215 |
| by a licensing agency by authority of which the licensee has or | 216 |
| claims the privilege to engage in the profession, occupation, or | 217 |
| occupational activity, or to have control of and operate certain | 218 |
| specific equipment, machinery, or premises, over which the | 219 |
| licensing agency has jurisdiction. | 220 |
| (D) "Licensee," as used in this chapter, means either the | 221 |
| person to whom the license is issued or renewed by a licensing | 222 |
| agency, or the person, partnership, or corporation at whose | 223 |
| request the license is issued or renewed. | 224 |
| (E) "Renewal" and "renewed," as used in this chapter and in | 225 |
| the chapters of the Revised Code specified in division (A) of this | 226 |
| section, includes the continuing licensing procedure provided in | 227 |
| Chapter 3748. of the Revised Code and rules adopted under it and | 228 |
| in sections 1321.05 and 3921.33 of the Revised Code, and as | 229 |
| applied to those continuing licenses any reference in this chapter | 230 |
| to the date of expiration of any license shall be construed to | 231 |
| mean the due date of the annual or other fee for the continuing | 232 |
| license. | 233 |
| Sec. 4768.01. As used in this chapter: | 234 |
| (A) "Client" means a person who enters into a contract with a | 235 |
| licensed home inspector to retain for compensation or other | 236 |
| valuable consideration the services of that licensed home | 237 |
| inspector to conduct a home inspection and to provide a written | 238 |
| report on the condition of a residential building. | 239 |
| (B) "Home inspection" means the process by which a home | 240 |
| inspector conducts a visual examination of the readily accessible | 241 |
| components of a residential building for a client. "Home | 242 |
| inspection" does not include pest inspections; environmental | 243 |
| testing; inspection of any property or structure conducted by an | 244 |
| employee or representative of an insurer licensed to transact | 245 |
| business in this state under Title XXXIX of the Revised Code for | 246 |
| purposes related to the business of insurance; or determination of | 247 |
| compliance with applicable statutes, rules, resolutions, or | 248 |
| ordinances, including, without limitation, building, zoning, or | 249 |
| historic codes. | 250 |
| (C) "Licensed home inspector" means an individual who holds | 251 |
| a valid license issued pursuant to section 4768.07 or 4768.10 of | 252 |
| the Revised Code to conduct a home inspection for compensation or | 253 |
| other valuable consideration. | 254 |
| (D) "Residential building" has the same meaning as in section | 255 |
| 3781.06 of the Revised Code but also includes the individual | 256 |
| dwelling units within an apartment or condominium complex | 257 |
| containing four or more dwelling units. | 258 |
| (E) "Parallel inspection" means the process by which a | 259 |
| licensed home inspector observes and evaluates an on-site home | 260 |
| inspection performed by an applicant for a home inspector license | 261 |
| and reviews and verifies the applicant's compliance with the | 262 |
| standards of practice specified in rules adopted by the Ohio home | 263 |
| inspector board pursuant to division (A)(13) of section 4768.05 | 264 |
| of the Revised Code, while concurrently performing the primary | 265 |
| home inspection of the same residential building for the | 266 |
| licensed home inspector's client. | 267 |
| (F) "Readily accessible" means available for visual | 268 |
| inspection without requiring a person to move or dismantle | 269 |
| personal property, take destructive measures, or take any other | 270 |
| action that will involve risk to a person or to the property. | 271 |
| Sec. 4768.02. (A) No person shall conduct a home inspection | 272 |
| or represent a qualification to conduct a home inspection for | 273 |
| compensation or other valuable consideration unless that person is | 274 |
| licensed pursuant to this chapter as a home inspector. | 275 |
| (B) No person shall perform a home inspection unless it is | 276 |
| performed pursuant to a written contract entered into between a | 277 |
| licensed home inspector and a client. | 278 |
| (C) No person shall perform a home inspection unless the home | 279 |
| inspection conforms to requirements specified in rules adopted by | 280 |
| the Ohio home inspector board pursuant to division (A)(13) of | 281 |
| section 4768.05 of the Revised Code and the rules adopted | 282 |
| pursuant to division (B)(2) of section 1345.05 of the Revised | 283 |
| Code. | 284 |
| Sec. 4768.03. Section 4768.02 of the Revised Code does not | 285 |
| apply to any person described as follows if the person is acting | 286 |
| within the scope of practice of the person's respective | 287 |
| profession: | 288 |
| (A) A person who is employed by or whose services otherwise | 289 |
| are retained by this state or a political subdivision of this | 290 |
| state for the purpose of enforcing building codes; | 291 |
| (B) A person holding a valid certificate to practice | 292 |
| architecture issued under Chapter 4703. of the Revised Code; | 293 |
| (C) A person registered as a professional engineer under | 294 |
| Chapter 4733. of the Revised Code; | 295 |
| (D) A heating, ventilating, and air conditioning contractor, | 296 |
| refrigeration contractor, electrical contractor, plumbing | 297 |
| contractor, or hydronics contractor who is licensed under Chapter | 298 |
| 4740. or section 3781.102 of the Revised Code or who is licensed | 299 |
| or registered under section 715.27 of the Revised Code; | 300 |
| (E) A real estate broker, real estate salesperson, foreign | 301 |
| real estate dealer, or foreign real estate salesperson who is | 302 |
| licensed under Chapter 4735. of the Revised Code; | 303 |
| (F) A real estate appraiser who is licensed under Chapter | 304 |
| 4763. of the Revised Code; | 305 |
| (G) A public insurance adjuster who holds a valid certificate | 306 |
| of authority issued under Chapter 3951. of the Revised Code or an | 307 |
| employee or representative of an insurer licensed to transact | 308 |
| business in this state under Title XXXIX of the Revised Code who | 309 |
| conducts an inspection of any property or structure for purposes | 310 |
| related to the business of insurance; | 311 |
| (H) A commercial applicator of pesticide who is licensed | 312 |
| under Chapter 921. of the Revised Code. | 313 |
| Sec. 4768.04. There is hereby created the Ohio home | 314 |
| inspector board consisting of five members. The governor shall | 315 |
| appoint three members who are licensed home inspectors and who | 316 |
| each represent different national organizations that consist of | 317 |
| and represent home inspectors. The president of the senate and the | 318 |
| speaker of the house of representatives each shall appoint one | 319 |
| member who represents the public and has no financial interest in | 320 |
| the home inspection industry. Not more than three members of the | 321 |
| board shall be members of the same political party. | 322 |
| The governor, president of the senate, and speaker of the | 323 |
| house of representatives shall make the initial appointments to | 324 |
| the board not later than ninety days after the effective date of | 325 |
| this section. Of the initial appointments to the board, the | 326 |
| governor shall appoint one member to a term ending one year after | 327 |
| the effective date of this section, one member to a term ending | 328 |
| three years after that date, and one member to a term ending five | 329 |
| years after that date. The president of the senate shall appoint | 330 |
| one member to a term ending two years after that date, and the | 331 |
| speaker of the house of representatives shall appoint one member | 332 |
| to a term ending four years after that date. Thereafter, each term | 333 |
| shall be for five years, ending on the same day of the same month | 334 |
| as the term that it succeeds. Each member shall hold office from | 335 |
| the date of appointment until the end of the term for which the | 336 |
| member was appointed. Vacancies shall be filled in the manner | 337 |
| provided for original appointments. A member appointed to fill a | 338 |
| vacancy prior to the expiration of a term shall hold office for | 339 |
| the remainder of that term. A member shall continue in office | 340 |
| subsequent to the expiration of the term until the member's | 341 |
| successor takes office. | 342 |
| The members of the board shall not be compensated but shall | 343 |
| be reimbursed for actual expenses reasonably incurred in the | 344 |
| performance of their duties as members. | 345 |
| A member may be removed for misconduct, neglect of duty, | 346 |
| incapacity, or malfeasance by the person who appointed that | 347 |
| member. | 348 |
| Sec. 4768.05. (A) The Ohio home inspector board shall adopt | 349 |
| rules in accordance with Chapter 119. of the Revised Code to do | 350 |
| all of the following: | 351 |
| (1) Establish standards to govern disciplinary proceedings | 352 |
| conducted pursuant to section 4768.13 of the Revised Code and the | 353 |
| reinstatement of home inspector licenses the board suspends or | 354 |
| revokes pursuant to those proceedings; | 355 |
| (2) Establish the amount of the following fees in an amount | 356 |
| that is sufficient to defray necessary expenses incurred in the | 357 |
| administration of this chapter: | 358 |
| (a) The fee, which shall not exceed five hundred dollars, for | 359 |
| applying for and receiving a license issued under section 4768.07 | 360 |
| of the Revised Code; | 361 |
| (b) The fee, which shall not exceed five hundred dollars, for | 362 |
| renewal of a license under section 4768.09 of the Revised Code; | 363 |
| (c) Any other fees as required by this chapter. | 364 |
| (3) Specify the information that must be provided on an | 365 |
| application for licensure under this chapter; | 366 |
| (4) Establish procedures for processing, approving, and | 367 |
| denying applications for licensure under this chapter; | 368 |
| (5) In accordance with division (C)(1) of this section, | 369 |
| specify methods and procedures the board shall use to approve a | 370 |
| curriculum of education individuals must successfully complete to | 371 |
| obtain a license under this chapter; | 372 |
| (6) In accordance with division (C)(2) of this section, | 373 |
| specify methods and procedures the board shall use to approve a | 374 |
| curriculum of experience that an individual may elect to complete | 375 |
| the proof of experience requirement specified in division (A)(6) | 376 |
| of section 4768.07 of the Revised Code; | 377 |
| (7) Establish the administrative reporting and review | 378 |
| requirements for parallel inspections or field experience to | 379 |
| assure that an applicant for a license satisfies the requirements | 380 |
| of division (A)(6) of section 4768.07 of the Revised Code, as | 381 |
| applicable; | 382 |
| (8) Establish a curriculum for continuing education that a | 383 |
| licensed home inspector shall complete to satisfy the requirements | 384 |
| for continuing education specified in section 4768.08 of the | 385 |
| Revised Code and procedures to assure continuing education | 386 |
| requirements are updated periodically to make those requirements | 387 |
| consistent with home inspection industry practices; | 388 |
| (9) Establish requirements an institution, organization, | 389 |
| company, or individual shall satisfy to obtain approval to provide | 390 |
| courses or programs that enable a licensed home inspector to | 391 |
| satisfy the requirements for continuing education specified in | 392 |
| section 4768.08 of the Revised Code and establish procedures that | 393 |
| the superintendent of real estate and professional licensing shall | 394 |
| use to approve an institution, organization, company, or | 395 |
| individual that satisfies the requirements the board establishes; | 396 |
| (10) Establish procedures and standards that the | 397 |
| superintendent shall use to approve courses and programs, | 398 |
| including online courses and programs, offered by an entity that | 399 |
| is approved by the superintendent to offer continuing education | 400 |
| courses or programs pursuant to the rules adopted by the board | 401 |
| under division (A)(9) of this section; | 402 |
| (11) Establish both of the following fees: | 403 |
| (a) The fee an entity described in division (A)(9) of this | 404 |
| section shall pay to receive approval to offer continuing | 405 |
| education courses and programs; | 406 |
| (b) The fee an entity that is approved to offer continuing | 407 |
| education courses and programs shall pay for each course or | 408 |
| program that the entity wishes to have the superintendent approve | 409 |
| pursuant to the rules adopted by the board under division (A)(10) | 410 |
| of this section. | 411 |
| (12) Establish reporting requirements for a licensed home | 412 |
| inspector to follow to demonstrate that the licensed home | 413 |
| inspector successfully completed the continuing education | 414 |
| requirements specified in section 4768.08 of the Revised Code, and | 415 |
| procedures for the superintendent to follow to determine the | 416 |
| veracity of the licensed home inspector's continuing education | 417 |
| report; | 418 |
| (13) Establish requirements for conducting home inspections | 419 |
| and standards of practice for home inspectors and conflict of | 420 |
| interest prohibitions to the extent that those provisions do not | 421 |
| conflict with divisions (A) to (D) of section 4768.14 of the | 422 |
| Revised Code; | 423 |
| (14) Specify the format and content of all affidavits and | 424 |
| other documents required for the administration of this chapter; | 425 |
| (15) Specify requirements for settlement agreements entered | 426 |
| into between the superintendent and a licensed home inspector | 427 |
| under division (C) of section 4768.13 of the Revised Code; | 428 |
| (16) Establish procedures, in accordance with division (K) of | 429 |
| section 121.08 of the Revised Code, to have criminal records | 430 |
| checks conducted by the bureau of criminal identification and | 431 |
| investigation for all applicants for licensure. | 432 |
| (B) The board shall approve a nationally recognized | 433 |
| examination that the board determines is valid and reliable that | 434 |
| individuals must pass to obtain a license issued under this | 435 |
| chapter. | 436 |
| (C) The board shall approve a curriculum of experience that | 437 |
| an individual may elect to complete to satisfy the proof of | 438 |
| experience requirement specified in division (A)(6) of section | 439 |
| 4768.07 of the Revised Code and a curriculum of education | 440 |
| individuals must successfully complete to obtain a license | 441 |
| issued under this chapter. The approved experience requirement | 442 |
| shall consist of forty hours of work in the home inspection field, | 443 |
| as specified in division (C)(2) of this section, and the approved | 444 |
| education shall consist of forty hours of classroom instruction, | 445 |
| as specified in division (C)(1)(a) of this section. | 446 |
| (1) The board shall approve only a curriculum of education | 447 |
| that satisfies both of the following requirements: | 448 |
| (a) The curriculum includes a requirement that an | 449 |
| individual, in order to successfully complete the curriculum, | 450 |
| complete at least forty hours of classroom instruction, | 451 |
| including instruction about compliance with the requirements | 452 |
| specified in this chapter, inspection safety, report writing, | 453 |
| and any other administrative matters required by the board. | 454 |
| (b) The curriculum satisfies any other requirements the board | 455 |
| established in rules it adopts. | 456 |
| (2) The board shall approve only a curriculum of experience | 457 |
| that includes a requirement that an individual, in order to | 458 |
| successfully complete the curriculum, must perform at least | 459 |
| forty hours of work in the home inspection field that allows | 460 |
| the individual to obtain practical experience or training | 461 |
| regarding home inspections. | 462 |
| Sec. 4768.06. (A) The superintendent of real estate and | 463 |
| professional licensing shall do all of the following: | 464 |
| (1) Administer this chapter; | 465 |
| (2) Provide the Ohio home inspector board with meeting space, | 466 |
| staff services, and other technical assistance required by the | 467 |
| board to carry out the duties of the board under this chapter; | 468 |
| (3) Provide each applicant for a home inspector license with | 469 |
| a copy of the requirements for home inspections specified in rules | 470 |
| adopted by the board pursuant to division (A)(13) of section | 471 |
| 4768.05 of the Revised Code, and make those requirements available | 472 |
| to the public by posting them on the web site maintained by the | 473 |
| department of commerce; | 474 |
| (4) In accordance with division (B) of this section, issue a | 475 |
| home inspector license to, or renew a home inspector license for, | 476 |
| any person who satisfies the requirements specified in this | 477 |
| chapter for such licensure or renewal; | 478 |
| (5) Retain all licensure application materials submitted to | 479 |
| the superintendent, or an electronic image of such materials, for | 480 |
| a period of five years after the date of the receipt of the | 481 |
| materials and maintain a register of the names and addresses of | 482 |
| all individuals to whom the superintendent has issued or renewed a | 483 |
| license under this chapter for a period of five years after the | 484 |
| date of issuance, renewal, or expiration of a license, whichever | 485 |
| is later; | 486 |
| (6) Have criminal records checks conducted for each applicant | 487 |
| in accordance with section 121.08 of the Revised Code and the | 488 |
| procedures specified in rules adopted by the board pursuant to | 489 |
| division (A)(16) of section 4768.05 of the Revised Code; | 490 |
| (7) In accordance with the procedures specified in rules | 491 |
| adopted by the board in accordance with division (A)(9) of section | 492 |
| 4768.05 of the Revised Code, approve an institution, organization, | 493 |
| company, or individual wishing to provide continuing education | 494 |
| courses or programs if that institution, organization, company, or | 495 |
| individual satisfies the requirements specified in rules adopted | 496 |
| by the board in accordance with that division and pays the fee | 497 |
| established in rules adopted by the board pursuant to division | 498 |
| (A)(11)(a) of that section; | 499 |
| (8) In accordance with the procedures specified in rules | 500 |
| adopted by the board in accordance with division (A)(10) of | 501 |
| section 4768.05 of the Revised Code, approve a course or program | 502 |
| that a licensed home inspector may complete to satisfy the | 503 |
| continuing education requirements specified in section 4768.08 of | 504 |
| the Revised Code if all of the following are satisfied: | 505 |
| (a) The course or program is offered by an entity approved by | 506 |
| the superintendent pursuant to division (A)(7) of this section. | 507 |
| (b) The course or program satisfies the standards established | 508 |
| in rules adopted by the board pursuant to division (A)(10) of | 509 |
| section 4768.05 of the Revised Code. | 510 |
| (c) The entity pays the fee established in rules adopted by | 511 |
| the board pursuant to division (A)(11)(b) of section 4768.05 of | 512 |
| the Revised Code. | 513 |
| (9) Issue all orders necessary to implement this chapter; | 514 |
| (10) In accordance with section 4768.12 of the Revised Code, | 515 |
| investigate complaints concerning an alleged violation of this | 516 |
| chapter or the conduct of any licensee and subpoena witnesses in | 517 |
| connection with those investigations, as provided in that section. | 518 |
| (B) The superintendent shall issue a home inspector license | 519 |
| only to an individual and shall not issue a license to a | 520 |
| corporation, limited liability company, partnership, or | 521 |
| association, although a licensed home inspector may sign a home | 522 |
| inspection report in a representative capacity on behalf of any | 523 |
| of those types of entities. | 524 |
| (C) The superintendent may establish and maintain an | 525 |
| investigation and audit section to investigate complaints and | 526 |
| conduct inspections, audits, and other inquiries as in the | 527 |
| judgment of the superintendent are appropriate to enforce this | 528 |
| chapter. The superintendent may utilize the investigators and | 529 |
| auditors employed pursuant to division (B)(4) of section 4735.05 | 530 |
| of the Revised Code or licensees to assist in performing the | 531 |
| duties specified in division (A)(10) of this section. | 532 |
| Sec. 4768.07. (A) To obtain a license to perform home | 533 |
| inspections, an individual shall submit an application to the | 534 |
| superintendent of real estate and professional licensing on a form | 535 |
| the superintendent provides, the fee established in rules adopted | 536 |
| by the Ohio home inspector board pursuant to division (A)(2) of | 537 |
| section 4768.05 of the Revised Code, the information necessary for | 538 |
| the superintendent to have a criminal records check conducted in | 539 |
| accordance with section 121.08 of the Revised Code and the | 540 |
| procedures the board adopts in rules pursuant to division (A)(16) | 541 |
| of section 4768.05 of the Revised Code, and the fee established | 542 |
| by the board to cover the costs of that criminal records check; | 543 |
| and shall satisfy the requirements set forth in this section. | 544 |
| Except as otherwise specified in division (B) of this section, | 545 |
| the application shall include all of the following: | 546 |
| (1) A pledge the applicant signs, agreeing to comply with | 547 |
| the rules adopted by the board pursuant to division (A)(13) of | 548 |
| section 4768.05 of the Revised Code; | 549 |
| (2) A statement that the applicant understands the grounds | 550 |
| for any disciplinary action that may be initiated under this | 551 |
| chapter; | 552 |
| (3) Proof of holding a comprehensive general liability | 553 |
| insurance policy or a commercial general liability insurance | 554 |
| policy in accordance with section 4768.11 of the Revised Code; | 555 |
| (4) Proof of successfully passing, within two years before | 556 |
| the date of the application, the home inspector examination | 557 |
| approved by the board pursuant to division (B) of section 4768.05 | 558 |
| of the Revised Code; | 559 |
| (5) Proof of successfully completing a curriculum of | 560 |
| education approved by the board in accordance with rules the | 561 |
| board adopts pursuant to division (A)(5) of section 4768.05 of | 562 |
| the Revised Code; | 563 |
| (6) Proof that the applicant has experience in the field of | 564 |
| home inspections by successfully completing a curriculum of | 565 |
| experience approved by the board in accordance with rules the | 566 |
| board adopts pursuant to division (A)(6) of section 4768.05 of the | 567 |
| Revised Code or by successfully completing ten parallel | 568 |
| inspections; | 569 |
| (7) Proof that the applicant is at least eighteen years of | 570 |
| age; | 571 |
| (8) Proof that the applicant has graduated from the twelfth | 572 |
| grade, received a general educational development diploma, or | 573 |
| satisfactorily completed a program that is the equivalent to | 574 |
| graduating from the twelfth grade or receiving a general | 575 |
| educational development diploma; | 576 |
| (9) Any other information the board requires that the board | 577 |
| determines is relevant to receiving a license to practice as a | 578 |
| licensed home inspector. | 579 |
| (B) The superintendent shall not require a person described | 580 |
| in division (B) or (C) of section 4768.03 of the Revised Code who | 581 |
| wishes to obtain a license to perform home inspections under this | 582 |
| chapter to submit proof of education and experience as required | 583 |
| under divisions (A)(5) and (6) of this section in the person's | 584 |
| application in order for that person to receive a license. Such a | 585 |
| person, however, shall satisfy all other requirements specified | 586 |
| in division (A) of this section in order to receive a license. | 587 |
| (C) The act of submitting an application to the | 588 |
| superintendent does not create, shall not be construed as | 589 |
| creating, and is not intended to indicate licensure as a home | 590 |
| inspector. | 591 |
| Sec. 4768.08. During each one-year period that a license is | 592 |
| valid, a licensed home inspector shall successfully complete not | 593 |
| less than six hours of continuing education instruction in | 594 |
| courses or programs directly applicable to the standards of | 595 |
| practice and requirements specified in rules adopted by the Ohio | 596 |
| home inspector board pursuant to division (A)(13) of section | 597 |
| 4768.05 of the Revised Code. | 598 |
| The superintendent of real estate and professional licensing | 599 |
| shall accept only those courses and programs the superintendent | 600 |
| approves in accordance with division (A)(8) of section 4768.06 of | 601 |
| the Revised Code prior to the date the licensed home inspector | 602 |
| completes the course or program. The superintendent shall not | 603 |
| include parallel inspections completed by a person for credit | 604 |
| toward satisfying the continuing education requirements | 605 |
| specified in this section. | 606 |
| Sec. 4768.09. (A) A home inspector license issued or renewed | 607 |
| pursuant to this chapter expires one year after the date of | 608 |
| issuance or renewal. | 609 |
| (B)(1) To renew a home inspector license, a licensed home | 610 |
| inspector shall file a renewal application within the ninety-day | 611 |
| period immediately preceding the date the license expires with | 612 |
| the superintendent of real estate and professional licensing | 613 |
| pursuant to the procedures set forth in Chapter 4745. of the | 614 |
| Revised Code, along with proof of holding or being covered by a | 615 |
| comprehensive general liability insurance policy or a commercial | 616 |
| general liability insurance policy in accordance with section | 617 |
| 4768.11 of the Revised Code and proof of satisfying the continuing | 618 |
| education requirements specified in section 4768.08 of the Revised | 619 |
| Code. | 620 |
| (2) A licensed home inspector who fails to renew a license | 621 |
| before its expiration may, during the three months following the | 622 |
| expiration, renew the license by following the procedures in | 623 |
| division (B)(1) of this section and paying a late fee in an | 624 |
| amount the Ohio home inspector board establishes. A licensed home | 625 |
| inspector who applies for a late renewal pursuant to this | 626 |
| division shall not engage in any activities permitted under the | 627 |
| license being renewed until the superintendent notifies the | 628 |
| licensed home inspector that the licensed home inspector's | 629 |
| license has been renewed. | 630 |
| (3) A licensed home inspector who fails to renew a license | 631 |
| prior to its expiration or during the three months following its | 632 |
| expiration may obtain a license by complying with the application | 633 |
| procedures and meeting the requirements for obtaining a license | 634 |
| set forth in section 4768.07 of the Revised Code and by paying | 635 |
| the application and licensure fee established in rules adopted by | 636 |
| the board pursuant to division (A)(2) of section 4768.05 of the | 637 |
| Revised Code. | 638 |
| (C) The superintendent shall not renew a license if any of | 639 |
| the following conditions apply: | 640 |
| (1) The licensed home inspector is in violation of any | 641 |
| provision of this chapter or order of the board or the | 642 |
| superintendent. | 643 |
| (2) The licensed home inspector fails to submit proof of | 644 |
| holding a comprehensive general liability insurance policy or a | 645 |
| commercial general liability insurance policy in accordance with | 646 |
| section 4768.11 of the Revised Code. | 647 |
| (3) The licensed home inspector fails to submit proof of | 648 |
| satisfying the continuing education requirements specified in | 649 |
| section 4768.08 of the Revised Code. | 650 |
| (D) A licensed home inspector who fails to submit the proof | 651 |
| required under division (C)(2) or (3) of this section may obtain a | 652 |
| license by following the application procedures and meeting the | 653 |
| requirements for obtaining a license set forth in section 4768.07 | 654 |
| of the Revised Code and by paying the application and licensure | 655 |
| fee established in rules adopted by the board pursuant to | 656 |
| division (A)(2) of section 4768.05 of the Revised Code. | 657 |
| Sec. 4768.10. The superintendent of real estate and | 658 |
| professional licensing may issue a home inspector license to an | 659 |
| individual who holds a license, registration, or certification as | 660 |
| a home inspector in another jurisdiction if that individual | 661 |
| submits an application on a form the superintendent provides, | 662 |
| pays the fee the Ohio home inspector board prescribes, and | 663 |
| satisfies all of the following requirements: | 664 |
| (A) The individual is licensed, registered, or certified as a | 665 |
| home inspector in a jurisdiction the board determines grants the | 666 |
| same privileges to persons licensed under this chapter as this | 667 |
| state grants to persons in that jurisdiction, and that | 668 |
| jurisdiction has licensing, registration, or certification | 669 |
| requirements that are substantially similar to, or exceed, those | 670 |
| of this state. | 671 |
| (B) The individual files proof of signing a pledge with the | 672 |
| board stating that the individual is familiar with and shall | 673 |
| comply with this chapter and the rules adopted by the board | 674 |
| pursuant to division (A)(13) of section 4768.05 of the Revised | 675 |
| Code. | 676 |
| (C) The individual agrees to all of the following in a | 677 |
| written statement that the individual submits to the | 678 |
| superintendent: | 679 |
| (1) To provide the superintendent the name and address of an | 680 |
| agent to receive service of process in this state or that the | 681 |
| individual authorizes the superintendent to act as agent for that | 682 |
| individual; | 683 |
| (2) That service of process in accordance with the Revised | 684 |
| Code is proper and the individual is subject to the jurisdiction | 685 |
| of the courts of this state; | 686 |
| (3) That any cause of action arising out of the conduct of | 687 |
| the individual's business in this state shall be filed in the | 688 |
| county in which the events that gave rise to that cause of action | 689 |
| occurred. | 690 |
| Sec. 4768.11. Every licensed home inspector shall maintain, | 691 |
| or be covered by, a comprehensive general liability insurance | 692 |
| policy or a commercial general liability insurance policy with | 693 |
| coverage limits of not less than one hundred thousand dollars per | 694 |
| occurrence and not less than a three hundred thousand dollar | 695 |
| aggregate limit, providing coverage against liability of the | 696 |
| licensed home inspector for loss, damage, or expense as a result | 697 |
| of an act that occurred while the licensed home inspector was on | 698 |
| the premises performing a home inspection. If the employer of a | 699 |
| licensed home inspector maintains such an insurance policy | 700 |
| covering the licensed home inspector, the licensed home inspector | 701 |
| is not required to maintain the licensed home inspector's own | 702 |
| comprehensive general liability insurance policy or commercial | 703 |
| general liability insurance policy. | 704 |
| Sec. 4768.12. (A) The superintendent of real estate and | 705 |
| professional licensing shall investigate complaints against | 706 |
| licensed home inspectors on receipt of a complaint concerning any | 707 |
| alleged violation of this chapter. The superintendent may employ | 708 |
| investigators and auditors to assist in investigating complaints | 709 |
| and conducting investigations, audits, and other inquiries that | 710 |
| the superintendent considers appropriate to enforce this chapter. | 711 |
| The investigators and auditors may review and audit, during normal | 712 |
| business hours, the licensed home inspector's business records | 713 |
| that are directly related to complaints. | 714 |
| (B) Within five days after a person files a complaint against | 715 |
| a licensed home inspector with the superintendent, the | 716 |
| superintendent shall provide to that person an acknowledgment of | 717 |
| the receipt of the complaint and send a notice regarding that | 718 |
| complaint to the licensee who is the subject of the complaint. The | 719 |
| superintendent shall include in that notice a description of the | 720 |
| activities in which the licensed home inspector allegedly engaged | 721 |
| that violate this chapter. Within twenty days after the | 722 |
| superintendent sends the notice to the complainant and the | 723 |
| licensed home inspector who is the subject of the complainant's | 724 |
| complaint, the complainant and the licensed home inspector may | 725 |
| file with the superintendent a request to have an informal | 726 |
| mediation hearing. If both the complainant and the licensed home | 727 |
| inspector file such a request, the superintendent shall notify the | 728 |
| complainant and the licensed home inspector of the date and time | 729 |
| of the informal mediation hearing. An investigator employed by the | 730 |
| superintendent shall conduct the informal mediation hearing. If | 731 |
| the complainant and the licensed home inspector reach an | 732 |
| accommodation during that informal mediation hearing, the | 733 |
| investigator shall send a written report describing the | 734 |
| accommodation to the superintendent, complainant, and licensee. | 735 |
| Notwithstanding division (C) of this section, the written report | 736 |
| describing the accommodation is a public record for purposes of | 737 |
| section 149.43 of the Revised Code. The superintendent shall close | 738 |
| the complaint upon satisfactory completion of the accommodation. | 739 |
| If the licensee or the complainant fails to file a request for an | 740 |
| informal mediation hearing, or if the parties fail to agree on an | 741 |
| accommodation during that informal mediation hearing, the | 742 |
| superintendent shall proceed with an investigation of the | 743 |
| complaint. | 744 |
| (C) All information related to investigations and audits is | 745 |
| confidential and is not a public record under section 149.43 of | 746 |
| the Revised Code. Nothing in this section shall be construed as | 747 |
| prohibiting the superintendent from releasing information relating | 748 |
| to a licensed home inspector to a law enforcement officer, the | 749 |
| attorney general, or the appropriate prosecutorial authority. If | 750 |
| the attorney general, a law enforcement officer, or a | 751 |
| prosecutorial authority receives information relating to a | 752 |
| licensed home inspector from the superintendent under this section | 753 |
| the attorney general, law enforcement officer, or prosecutorial | 754 |
| authority shall comply with the same requirements regarding | 755 |
| confidentiality as those with which the superintendent must | 756 |
| comply, notwithstanding any conflicting provision of the Revised | 757 |
| Code or procedure of the attorney general, law enforcement | 758 |
| officer, or prosecutorial authority that applies when the | 759 |
| attorney general, law enforcement officer, or prosecutorial | 760 |
| authority is dealing with other information in its possession. | 761 |
| (D) The Ohio home inspector board or the superintendent may | 762 |
| compel, by order or subpoena, the attendance of witnesses to | 763 |
| testify in relation to any matter over which the board or | 764 |
| superintendent has jurisdiction and which is the subject of | 765 |
| inquiry and investigation by the board or superintendent, and | 766 |
| require the production of any book, paper, or document pertaining | 767 |
| to such matter. For such purpose, the board or superintendent | 768 |
| shall have the same power as judges of county courts to administer | 769 |
| oaths, compel the attendance of witnesses, and punish them for | 770 |
| refusal to testify. Service of the subpoena may be made by | 771 |
| sheriffs or constables, or by certified mail, return receipt | 772 |
| requested, and the subpoena shall be considered served on the date | 773 |
| delivery is made or the date the person refused to accept | 774 |
| delivery. A witness shall receive, after the witness's appearance | 775 |
| before the board or superintendent, the fees and mileage allowed | 776 |
| in civil actions in courts of common pleas. If two or more | 777 |
| witnesses travel together in the same vehicle, the mileage fee | 778 |
| shall be paid to only one of those witnesses, but the witnesses | 779 |
| may agree to divide the fee among themselves in any manner. | 780 |
| (E) In addition to the powers granted to the board and | 781 |
| superintendent under this section, in case any person fails to | 782 |
| file any statement or report, obey any subpoena, give testimony, | 783 |
| answer questions, or produce any books, records, or papers as | 784 |
| required by the board or superintendent under this chapter, the | 785 |
| court of common pleas of any county in the state, upon application | 786 |
| made to it by the board or superintendent setting forth such | 787 |
| failure, may make an order awarding process of subpoena or | 788 |
| subpoena duces tecum for the person to appear and testify before | 789 |
| the board or superintendent, and may order any person to give | 790 |
| testimony and answer questions, and to produce books, records, or | 791 |
| papers, as required by the board or superintendent. Upon the | 792 |
| filing of such order in the office of the clerk of the court of | 793 |
| common pleas, the clerk, under the seal of the court, shall issue | 794 |
| process of subpoena for the person to appear before the board or | 795 |
| superintendent at a time and place named in the subpoena, and each | 796 |
| day thereafter until the examination of such person is completed. | 797 |
| The subpoena may contain a direction that the witness bring with | 798 |
| the witness to the examination any books, records, or papers | 799 |
| mentioned in the subpoena. The clerk shall also issue, under the | 800 |
| seal of the court, such other orders, in reference to the | 801 |
| examination, appearance, and production of books, records, or | 802 |
| papers, as the court directs. If any person so summoned by | 803 |
| subpoena fails to obey the subpoena, to give testimony, to answer | 804 |
| questions as required, or to obey an order of the court, the | 805 |
| court, on motion supported by proof, may order an attachment for | 806 |
| contempt to be issued against the person charged with disobedience | 807 |
| of any order or injunction issued by the court under this chapter. | 808 |
| If the person is brought before the court by virtue of the | 809 |
| attachment, and if upon a hearing the disobedience appears, the | 810 |
| court may order the offender to be committed and kept in close | 811 |
| custody. | 812 |
| Sec. 4768.13. (A) If, upon examining the results of an | 813 |
| investigation, the superintendent of real estate and professional | 814 |
| licensing determines that reasonable evidence exists that a | 815 |
| licensed home inspector has violated this chapter or Chapter | 816 |
| 1345. of the Revised Code or engaged in an activity described in | 817 |
| divisions (A) to (H) of section 4768.14 of the Revised Code, the | 818 |
| superintendent shall proceed in accordance with the notice and | 819 |
| hearing requirements prescribed in Chapter 119. of the Revised | 820 |
| Code. After a hearing officer conducts a hearing and issues a | 821 |
| report and recommendations pursuant to division (D) of this | 822 |
| section, the Ohio home inspector board shall review the report | 823 |
| and recommendations and shall order the disciplinary action the | 824 |
| board considers appropriate, which may include any one or more | 825 |
| of the following: | 826 |
| (1) A reprimand; | 827 |
| (2) A fine not exceeding one thousand dollars per violation; | 828 |
| (3) Completion of hours of education in subjects related to | 829 |
| the underlying cause of the violation in an amount determined by | 830 |
| the board; | 831 |
| (4) Suspension of the license until the licensed home | 832 |
| inspector complies with conditions the board establishes; | 833 |
| (5) Suspension of the license for a specific period of time; | 834 |
| (6) Revocation of the license. | 835 |
| (B) The superintendent shall not credit any hours of | 836 |
| education a licensed home inspector completes in accordance with | 837 |
| division (A)(3) of this section toward satisfying the requirements | 838 |
| for continuing education specified in section 4768.08 of the | 839 |
| Revised Code. | 840 |
| (C) At any time after the superintendent notifies a licensed | 841 |
| home inspector in accordance with division (A) of this section | 842 |
| that a hearing will be held but before the date of the hearing, | 843 |
| the licensed home inspector may apply to the superintendent to | 844 |
| enter into a settlement agreement regarding the alleged violation. | 845 |
| The superintendent and the licensed home inspector shall comply | 846 |
| with the requirements for settlement agreements established in | 847 |
| rules adopted by the board pursuant to division (A)(15) of section | 848 |
| 4768.05 of the Revised Code. If the parties enter into the | 849 |
| settlement agreement and comply with all of the requirements set | 850 |
| forth in that agreement, the investigation regarding that alleged | 851 |
| violation is considered closed. Notwithstanding division (C) of | 852 |
| section 4768.12 of the Revised Code, the settlement agreement is a | 853 |
| public record for purposes of section 149.43 of the Revised Code. | 854 |
| (D) The superintendent shall appoint a hearing officer to | 855 |
| conduct adjudication hearings in accordance with Chapter 119. of | 856 |
| the Revised Code. The superintendent shall appoint a person who | 857 |
| has been admitted to the practice of law in this state to serve as | 858 |
| the hearing officer. | 859 |
| In accordance with section 119.09 of the Revised Code, after | 860 |
| conducting a hearing, a hearing officer shall submit to the board | 861 |
| a report of the hearing and a recommendation for the action to be | 862 |
| taken against the licensed home inspector. All parties may file | 863 |
| objections to the report and recommendations as permitted under | 864 |
| that section, and the board shall issue an order in accordance | 865 |
| with the procedures prescribed in that section. | 866 |
| (E) The decision and order of the board is final, subject to | 867 |
| review in the manner provided in Chapter 119. of the Revised | 868 |
| Code and appeal to the court of common pleas in Franklin county. | 869 |
| Sec. 4768.14. The superintendent of real estate and | 870 |
| professional licensing may refuse to issue or renew a license if | 871 |
| the applicant for the license or renewal has done any of the | 872 |
| following: | 873 |
| (A) Accepted compensation or other valuable consideration | 874 |
| from more than one interested party for the same service without | 875 |
| the written consent of all interested parties; | 876 |
| (B) Accepted commissions, allowances, or other valuable | 877 |
| consideration, directly or indirectly, from other parties who | 878 |
| deal with a client in connection with the home inspection for | 879 |
| which the home inspector is responsible, or from other parties | 880 |
| who are involved in any part of the real estate transaction | 881 |
| involving a residential building for which that home inspector | 882 |
| conducted a home inspection; | 883 |
| (C) Repaired, replaced, or upgraded, or solicited to repair, | 884 |
| replace, or upgrade, for compensation or other valuable | 885 |
| consideration, systems or components in a residential building | 886 |
| within one year after completing a home inspection of that | 887 |
| residential building; | 888 |
| (D) Failed to disclose promptly to a client written | 889 |
| information about any business interest of the home inspector | 890 |
| that may affect the client in connection with the home | 891 |
| inspection; | 892 |
| (E) Pleaded guilty to or been convicted of, in a court of | 893 |
| competent jurisdiction and during the five years immediately | 894 |
| preceding the date the applicant submits the applicant's | 895 |
| application for licensure or renewal, a felony or an equivalent | 896 |
| offense under the laws of any other state or the United States; | 897 |
| (F) Pleaded guilty to or was convicted of, in a court of | 898 |
| competent jurisdiction, any crime of moral turpitude or was | 899 |
| required to register under Chapter 2950. of the Revised Code; | 900 |
| (G) Failed to satisfy the continuing education requirements | 901 |
| specified in section 4768.08 of the Revised Code; | 902 |
| (H) Failed to maintain or be covered by a comprehensive | 903 |
| general liability insurance policy or a commercial general | 904 |
| liability insurance policy as required under section 4768.11 of | 905 |
| the Revised Code; | 906 |
| (I) Violated a provision of this chapter or Chapter 1345. of | 907 |
| the Revised Code. | 908 |
| Sec. 4768.15. The superintendent of real estate and | 909 |
| professional licensing may apply to any court of common pleas to | 910 |
| enjoin a violation of this chapter. Upon a showing by the | 911 |
| superintendent that a person has violated or is violating this | 912 |
| chapter, the court shall grant an injunction, restraining order, | 913 |
| or other appropriate relief. | 914 |
| Sec. 4768.16. (A) Upon receipt of a written complaint or upon | 915 |
| the motion of the superintendent of real estate and professional | 916 |
| licensing, the superintendent may investigate any person that has | 917 |
| allegedly violated section 4768.02 of the Revised Code, except | 918 |
| that the superintendent shall not investigate a complaint under | 919 |
| this section if the person who is the subject of the complaint | 920 |
| held a valid license issued under this chapter any time during the | 921 |
| twelve months preceding the date of the alleged violation. At any | 922 |
| time before, during, or after the investigation, the | 923 |
| superintendent may refer any complaint or investigation to the | 924 |
| consumer protection section of the attorney general's office for | 925 |
| enforcement action authorized by Chapter 1345. of the Revised | 926 |
| Code. | 927 |
| (B) The superintendent has the same powers to investigate an | 928 |
| alleged violation of section 4768.02 of the Revised Code as those | 929 |
| powers specified in section 4768.12 of the Revised Code. If, after | 930 |
| an investigation pursuant to section 4768.12 of the Revised Code, | 931 |
| the superintendent determines that reasonable evidence exists that | 932 |
| a person has violated section 4768.02 of the Revised Code, within | 933 |
| seven days after that determination, the superintendent shall | 934 |
| send a written notice to that person by regular mail and shall | 935 |
| include in the notice the information specified in section 119.07 | 936 |
| of the Revised Code for notices given to licensees, except that | 937 |
| the notice shall specify that a hearing will be held and specify | 938 |
| the date, time, and place of the hearing. | 939 |
| (C) The Ohio home inspector board shall hold a hearing | 940 |
| regarding the alleged violation in the same manner prescribed for | 941 |
| an adjudication hearing under section 119.09 of the Revised Code. | 942 |
| If the board, after the hearing, determines a violation has | 943 |
| occurred, the board may impose a fine on the person, not exceeding | 944 |
| five hundred dollars per violation. Each day a violation occurs or | 945 |
| continues is a separate violation. The board shall determine the | 946 |
| terms of payment. The board shall maintain a transcript of the | 947 |
| proceedings of the hearing and issue a written opinion to all | 948 |
| parties, citing its findings and grounds for any action taken. The | 949 |
| board's determination regarding a violation of section 4768.02 of | 950 |
| the Revised Code is an order that the person may appeal in | 951 |
| accordance with section 119.12 of the Revised Code. | 952 |
| (D) If the person who allegedly committed a violation of | 953 |
| section 4768.02 of the Revised Code fails to appear for a hearing, | 954 |
| the board may request the court of common pleas of the county | 955 |
| where the alleged violation occurred to compel the person to | 956 |
| appear before the board for a hearing. | 957 |
| (E) If the board assesses a person a civil penalty for a | 958 |
| violation of section 4768.02 of the Revised Code and the person | 959 |
| fails to pay that civil penalty within the time period prescribed | 960 |
| by the board, the superintendent shall forward to the attorney | 961 |
| general the name of the person and the amount of the civil penalty | 962 |
| for the purpose of collecting that civil penalty. In addition to | 963 |
| the civil penalty assessed pursuant to this section, the person | 964 |
| also shall pay any fee assessed by the attorney general for | 965 |
| collection of the civil penalty. | 966 |
| Sec. 4768.17. (A) Except as provided in divisions (B) and (C) | 967 |
| of this section, nothing in this chapter shall be construed to | 968 |
| create or imply a private cause of action against a licensed home | 969 |
| inspector for a violation of this chapter if that action is not | 970 |
| otherwise maintainable under common law. Nothing in this chapter | 971 |
| shall be construed to waive or remove any cause of action that may | 972 |
| arise under Chapter 1345. of the Revised Code. | 973 |
| (B) An action for damages that is based on professional | 974 |
| services that were rendered or that should have been rendered by a | 975 |
| licensed home inspector shall not be brought, commenced, or | 976 |
| maintained unless the action is filed within two years after the | 977 |
| date that the home inspection is performed. | 978 |
| (C) The statute of limitations specified in division (B) of | 979 |
| this section shall be tolled for the period that begins on the | 980 |
| date the client files a complaint with the superintendent of real | 981 |
| estate and professional licensing as provided in section 4768.16 | 982 |
| of the Revised Code and ends on any of the following dates, | 983 |
| whichever occurs latest: | 984 |
| (1) The date the superintendent declines to investigate the | 985 |
| client's complaint; | 986 |
| (2) The date the superintendent determines reasonable | 987 |
| evidence does not exist that the person has violated section | 988 |
| 4768.02 of the Revised Code; | 989 |
| (3) The date the Ohio home inspector board determines whether | 990 |
| a violation has occurred. | 991 |
| (D) The remedies provided under sections 4768.12 to 4768.15 | 992 |
| of the Revised Code are the exclusive remedies for alleged | 993 |
| violations of any conflict of interest prohibitions specified in | 994 |
| the rules adopted by the board pursuant to division (A)(13) of | 995 |
| section 4768.05 of the Revised Code. | 996 |
| (E) Nothing in this section shall be construed to prohibit | 997 |
| the superintendent of real estate and professional licensing from | 998 |
| investigating, or to prohibit the board from taking action | 999 |
| against a licensed home inspector for violations of this chapter | 1000 |
| if the investigation commences more than one year after the date | 1001 |
| that the licensed home inspector conducts the home inspection | 1002 |
| that is the subject of the investigation and action. | 1003 |
| Sec. 4768.18. The superintendent of real estate and | 1004 |
| professional licensing shall deposit all money collected under | 1005 |
| this chapter in the state treasury to the credit of the home | 1006 |
| inspectors fund, which is hereby created. Money credited to the | 1007 |
| fund shall be used solely by the superintendent to pay costs | 1008 |
| associated with the administration and enforcement of this | 1009 |
| chapter. | 1010 |
| Sec. 4768.19. On receipt of a notice pursuant to section | 1011 |
| 3123.43 of the Revised Code, the superintendent of real estate and | 1012 |
| professional licensing shall comply with sections 3123.41 to | 1013 |
| 3123.50 of the Revised Code and any applicable rules adopted under | 1014 |
| section 3123.63 of the Revised Code with respect to a license | 1015 |
| issued pursuant to this chapter. | 1016 |
| Sec. 4768.99. Whoever violates division (A) of section | 1017 |
| 4768.02 of the Revised Code is guilty of a misdemeanor of the | 1018 |
| third degree on a first offense and a misdemeanor of the first | 1019 |
| degree on each subsequent offense. A violation of section 4768.02 | 1020 |
| of the Revised Code is an unfair and deceptive act or practice in | 1021 |
| violation of section 1345.02 of the Revised Code. | 1022 |
| Section 2. That existing sections 121.08 and 4745.01 of the | 1023 |
| Revised Code are hereby repealed. | 1024 |
| Section 3. Section 4768.02 of the Revised Code takes effect | 1025 |
| two hundred ten days after the effective date of this act. | 1026 |
| Section 4. Notwithstanding section 4768.04 of the Revised | 1027 |
| Code as enacted by this act, persons appointed to the Ohio Home | 1028 |
| Inspector Board during the first year after the effective date of | 1029 |
| this act need not be licensed as required under that section. | 1030 |
| Section 5. Not later than one hundred eighty days after the | 1031 |
| effective date of this act, the Ohio Home Inspector Board shall | 1032 |
| adopt the rules the Board is required to adopt under this act. | 1033 |
| Section 6. (A) Notwithstanding section 4768.07 of the Revised | 1034 |
| Code, as enacted by this act, and except as provided under section | 1035 |
| 4768.14 of the Revised Code, as enacted by this act, during the | 1036 |
| period of time beginning on the date the last initial member of | 1037 |
| the Ohio Home Inspector Board is appointed pursuant to section | 1038 |
| 4768.04 of the Revised Code, as enacted by this act, and ending | 1039 |
| one hundred twenty days after that date, the Superintendent of | 1040 |
| Real Estate and Professional Licensing shall issue a home | 1041 |
| inspector license if an individual applies for a license on a | 1042 |
| form the Superintendent provides and pays the fee specified in | 1043 |
| section 4768.05 of the Revised Code, as enacted by this act, and | 1044 |
| if the applicant demonstrates all of the following: | 1045 |
| (1) Proof of maintaining or being covered by a comprehensive | 1046 |
| general liability insurance policy or a commercial general | 1047 |
| liability insurance policy in accordance with section 4768.11 of | 1048 |
| the Revised Code, as enacted by this act; | 1049 |
| (2) Proof by direct documentation or signed affidavit | 1050 |
| attesting to having met any one of the following requirements to | 1051 |
| demonstrate participation in the home inspection field prior to | 1052 |
| the effective date of this act: | 1053 |
| (a) Having performed at least two hundred home inspections | 1054 |
| for clients for compensation or other valuable consideration; | 1055 |
| (b) Having successfully passed the National Home Inspector | 1056 |
| Examination offered by the Examination Board of the Professional | 1057 |
| Home Inspectors or having successfully passed the nationally | 1058 |
| recognized examination approved by the Board pursuant to division | 1059 |
| (B) of section 4768.05 of the Revised Code, as enacted by this | 1060 |
| act; | 1061 |
| (c) Having actively operated a home inspection business in | 1062 |
| this state for three years before the effective date of this act | 1063 |
| under a business name officially registered with the Secretary of | 1064 |
| State; | 1065 |
| (d) Having been employed as a home inspector for the | 1066 |
| consecutive twenty-four months before the effective date of this | 1067 |
| act by an inspection company or individual whose owner or manager | 1068 |
| meets the license requirement specified in this section. | 1069 |
| (3) Proof of signing a pledge agreeing to comply with the | 1070 |
| requirements specified in rules adopted by the Board pursuant to | 1071 |
| division (A)(13) of section 4768.05 of the Revised Code, as | 1072 |
| enacted by this act; | 1073 |
| (4) In a written statement, acknowledge that the individual | 1074 |
| understands the grounds for any disciplinary action that may be | 1075 |
| initiated under Chapter 4768. of the Revised Code, as enacted by | 1076 |
| this act. | 1077 |
| If the Board determines necessary, the Board may request the | 1078 |
| Superintendent to have a criminal records check conducted pursuant | 1079 |
| to section 121.08 of the Revised Code and the rules adopted by the | 1080 |
| Board pursuant to division (A)(16) of section 4768.05 of the | 1081 |
| Revised Code, as enacted by this act, on any applicant who applies | 1082 |
| for a license under this section. | 1083 |
| (B) Any license issued under this section shall expire one | 1084 |
| year after the date the license was issued. A licensed home | 1085 |
| inspector may renew the licensed home inspector's license in | 1086 |
| accordance with section 4768.09 of the Revised Code, as enacted | 1087 |
| by this act. | 1088 |
| (C) As used in this section, "home inspection" and | 1089 |
| "residential building" have the same meanings as in section | 1090 |
| 4768.01 of the Revised Code, as enacted by this act. "Home | 1091 |
| inspector" means an individual who conducts home inspections for | 1092 |
| compensation or other valuable consideration. | 1093 |