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S. B. No. 14 As Introduced
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Senators Turner, Miller, R., Fedor
A BILL
To amend sections 121.08 and 4745.01 and to enact
sections 4735.581, 4768.01 to 4768.19, and 4768.99
of the
Revised Code to require the licensure of
home
inspectors and to create the Ohio Home
Inspector
Board to regulate the licensure and
performance
of home inspectors.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 121.08 and 4745.01 be amended and
sections 4735.581, 4768.01, 4768.02, 4768.03, 4768.04, 4768.05,
4768.06,
4768.07, 4768.08, 4768.09, 4768.10, 4768.11, 4768.12,
4768.13,
4768.14, 4768.15, 4768.16, 4768.17, 4768.18, 4768.19,
and 4768.99
of the Revised Code be
enacted to read as follows:
Sec. 121.08. (A) There is hereby created in the
department
of commerce the position of deputy director of
administration.
This officer shall be appointed by the director of commerce,
serve
under the director's direction,
supervision, and control, perform
the duties the director
prescribes, and hold office during the
director's pleasure.
The director of commerce may designate an
assistant director of
commerce to serve as the deputy director of
administration. The deputy director of administration shall
perform the
duties prescribed by the director of commerce
in
supervising the
activities of the division of administration of
the department of
commerce.
(B) Except as provided in section 121.07 of the Revised
Code,
the department of commerce shall have all powers and perform
all
duties vested in the deputy director of administration, the
state
fire
marshal,
the superintendent of financial institutions,
the
superintendent of real
estate and professional licensing, the
superintendent of liquor control, the superintendent of
industrial compliance, the superintendent of labor and
worker
safety, the superintendent of unclaimed funds, and the
commissioner of
securities, and shall have
all powers and perform
all duties
vested by law in all officers,
deputies, and employees
of those
offices. Except as provided in
section 121.07 of the
Revised
Code, wherever powers are conferred
or duties imposed upon
any of
those officers, the powers and
duties shall be construed as
vested in the department of commerce.
(C)(1) There is hereby created in the department of commerce
a
division of financial institutions, which shall have all powers
and perform all
duties vested by law in the superintendent of
financial institutions.
Wherever
powers are conferred or duties
imposed upon the superintendent of
financial institutions, those
powers and duties shall be construed
as vested in the
division of
financial institutions. The division of
financial institutions
shall be administered
by the superintendent of financial
institutions.
(2) All provisions of law governing the superintendent of
financial institutions
shall apply to and govern the
superintendent of financial institutions
provided
for in this
section; all authority vested by law in the
superintendent of
financial institutions with respect to the
management of the
division of financial institutions shall be construed as vested in
the
superintendent of financial institutions created by this
section
with respect to
the division of financial institutions
provided for in this
section; and all
rights, privileges, and
emoluments conferred by law upon the
superintendent of financial
institutions shall be construed as
conferred upon the
superintendent of financial institutions as head of the division
of financial institutions. The
director of commerce shall not
transfer from the division of financial
institutions any of the
functions specified in division
(C)(2) of this
section.
(D) There is hereby created in
the department of commerce a
division of liquor control, which
shall have all
powers and
perform all duties vested by law in the
superintendent of liquor
control. Wherever powers are conferred
or duties are imposed upon
the
superintendent of liquor
control,
those powers and duties
shall be construed as vested in the
division
of liquor control.
The division of liquor control shall
be administered by the
superintendent of liquor control.
(E) The director of commerce shall not be interested,
directly or indirectly,
in any firm or corporation which is a
dealer in
securities as defined in sections 1707.01 and 1707.14 of
the
Revised Code, or in any firm or corporation licensed under
sections 1321.01 to 1321.19 of the Revised Code.
(F) The director of commerce shall not have any official
connection
with a savings and
loan association, a savings bank, a
bank, a bank holding company, a savings
and loan association
holding company, a consumer finance company, or a credit
union
that is under the supervision of the division of financial
institutions, or a subsidiary of any
of the preceding entities, or
be interested in the business thereof.
(G) There is hereby created in the state treasury the
division
of administration fund. The fund shall receive
assessments on
the operating funds of the department of commerce
in accordance
with procedures prescribed by the director of
commerce and
approved by the director of budget and management.
All operating
expenses of the division of administration shall be
paid from the
division of administration fund.
(H) There is hereby created in the department of commerce a
division of real
estate and professional licensing, which shall be
under the control and
supervision of the director of commerce.
The
division of real estate and
professional licensing shall be
administered by the superintendent of real
estate and professional
licensing. The superintendent of real estate and
professional
licensing shall exercise the powers and perform the functions and
duties delegated to the superintendent under Chapters
4735.,
4763., and 4767., and 4768. of the Revised Code.
(I) There is hereby created in the department of commerce a
division
of labor and worker safety, which shall have all powers
and perform all
duties vested by law in the superintendent of
labor and worker safety.
Wherever powers are conferred or duties
imposed upon the superintendent
of labor and worker safety, those
powers and duties shall be
construed as vested in the division of
labor and worker safety.
The division of labor and worker safety
shall be under the control
and supervision of the director of
commerce
and be administered by the
superintendent of labor and
worker safety.
The superintendent of
labor and worker safety shall
exercise the
powers and perform the
duties delegated to the
superintendent by
the director under
Chapters
4109.,
4111., and
4115. of the
Revised Code.
(J) There is hereby created in the department of commerce a
division of unclaimed funds, which shall have all powers and
perform all duties delegated to or vested by law in the
superintendent of unclaimed funds. Wherever powers are conferred
or duties imposed upon the superintendent of unclaimed funds,
those powers and duties shall be construed as vested in the
division of unclaimed funds. The division of unclaimed funds
shall
be under the control and supervision of the director of
commerce
and shall be administered by the superintendent of
unclaimed
funds. The superintendent of unclaimed funds shall
exercise the
powers and perform the functions and duties delegated
to the
superintendent by the director of commerce under section
121.07
and Chapter 169. of the Revised Code, and as may otherwise
be
provided by law.
(K) The department of commerce or a division of the
department created by the Revised Code that is acting with
authorization on the department's behalf may request from the
bureau of criminal identification and
investigation pursuant to
section 109.572 of the Revised Code, or
coordinate with
appropriate federal, state, and local government
agencies to
accomplish, criminal records checks for the persons
whose
identities are required to be disclosed by an applicant for
the
issuance or transfer of a permit, license, certificate of
registration, or certification issued or transferred by the
department or division. At or before
the time of making a request
for a criminal
records check, the
department or division may
require any person whose identity is required to be
disclosed by
an applicant for the issuance or transfer of
such a license,
permit, certificate of registration, or certification to submit to
the department or division valid fingerprint
impressions in a
format and by any
media or means acceptable to
the bureau of
criminal identification
and investigation and, when
applicable,
the federal bureau of
investigation. The department or division
may
cause the bureau of criminal identification and investigation
to
conduct a criminal records check through the federal bureau of
investigation only if the person for whom the criminal records
check would be conducted resides or works outside of this state or
has resided or worked outside of this state during the preceding
five years, or if a criminal records check conducted by the bureau
of criminal identification and investigation within this state
indicates that the person may have a criminal record outside of
this state.
In the case of a criminal records check under section
109.572
of the Revised Code, the department or division shall forward to
the
bureau of criminal identification and investigation the
requisite
form, fingerprint impressions, and fee described in
division (C)
of that section. When requested by the department or
division in accordance
with this section, the bureau of
criminal
identification and
investigation shall request from the
federal
bureau of
investigation any information it has with
respect to the
person
who is the subject of the requested criminal
records check
and
shall forward the requisite fingerprint
impressions and
information to the federal bureau of investigation
for that
criminal records check. After conducting a criminal
records check
or receiving the results of a criminal records check
from the
federal bureau of investigation, the bureau of criminal
identification and investigation shall provide the results to the
department or division.
The department or division may require any person about whom
a criminal
records check is requested to pay to the department or
division the amount
necessary to cover the fee charged to the
department or division by the bureau
of criminal identification
and investigation under division (C)(3)
of section 109.572 of the
Revised Code, including, when
applicable, any fee for a
criminal
records check conducted by the
federal bureau of
investigation.
Sec. 4735.581. (A) The superintendent of real estate and
professional licensing shall create a brochure to educate
consumers about home inspections. The superintendent, with the
advice and consent of the Ohio real estate commission, shall adopt
rules to specify the topics that must be covered in the brochure,
including both of the following topics:
(1) The home inspection process and the process for
inspections related to home inspections, including, but not
limited to, inspections for pests, radon gas, or both, and
inspections conducted by a person who is employed by or whose
services otherwise are retained by this state or a political
subdivision of this state for the purpose of enforcing building
codes;
(2) Issues a consumer should consider when selecting a home
inspector.
The superintendent shall distribute a copy of the brochure
the superintendent creates pursuant to this section to each
licensee licensed under this chapter. The superintendent shall
provide additional copies to a licensee, upon request.
(B) A licensee shall provide a copy of the brochure created
pursuant to division (A) of this section to a client at the time a
licensee enters into an agency disclosure agreement pursuant to
section 4735.58 of the Revised Code.
Sec. 4745.01. (A) "Standard renewal procedure," as used in
Chapters 905.,
907., 909., 911., 913., 915., 918., 921., 923.,
927., 942., 943.,
953., 1321., 3710., 3713., 3719., 3742.,
3748.,
3769.,
3783., 3921., 3951., 4104., 4105., 4143., 4169.,
4561.,
4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725.,
4727.,
4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741.,
4747.,
4749., 4752., 4753., 4755., 4757.,
4758., 4759., 4761.,
4766.,
4768.,
4773., and 4775. of the
Revised Code, means the license
renewal
procedures specified in
this chapter.
(B) "Licensing agency," as used in this chapter, means any
department, division, board, section of a board, or other state
governmental unit subject to the standard renewal procedure, as
defined in this section, and authorized by the Revised Code to
issue a license to engage in a specific profession, occupation,
or
occupational activity, or to have charge of and operate
certain
specified equipment, machinery, or premises.
(C) "License," as used in this chapter, means a license,
certificate, permit, card, or other authority issued or conferred
by a licensing agency by authority of which the licensee has or
claims the privilege to engage in the profession, occupation, or
occupational activity, or to have control of and operate certain
specific equipment, machinery, or premises, over which the
licensing agency has jurisdiction.
(D) "Licensee," as used in this chapter, means either the
person to whom the license is issued or renewed by a licensing
agency, or the person, partnership, or corporation at whose
request the license is issued or renewed.
(E) "Renewal" and "renewed," as used in this chapter and
in
the chapters of the Revised Code specified in division (A) of
this
section, includes the continuing licensing procedure
provided in
Chapter 3748. of the Revised Code and
rules adopted under it and
in sections 1321.05
and 3921.33 of the Revised Code, and as
applied to those
continuing
licenses any reference in this chapter
to the date of expiration
of any license shall be construed to
mean the due date of the
annual or other fee for the continuing
license.
Sec. 4768.01. As used in this chapter:
(A) "Client" means a person who enters into a contract with a
licensed home inspector to retain for compensation or other
valuable consideration the services
of that licensed home
inspector to conduct a home inspection and
to provide a written
report on the condition of a residential
building.
(B) "Home inspection" means the process by which a home
inspector conducts a visual examination of the readily accessible
components of a residential building for a client. "Home
inspection" does not include pest inspections; environmental
testing; inspection of any property or structure conducted by an
employee or representative of an insurer licensed to transact
business in this state under Title XXXIX of the Revised Code for
purposes related to the business of insurance; or determination of
compliance with applicable statutes, rules, resolutions, or
ordinances, including, without limitation, building, zoning, or
historic codes.
(C) "Licensed home inspector" means an individual who holds
a valid license issued pursuant to section 4768.07 or
4768.10 of
the Revised Code to conduct a home inspection for
compensation or
other valuable consideration.
(D) "Residential building" has the same meaning as in section
3781.06 of the Revised Code but also includes the individual
dwelling units within an apartment or condominium complex
containing four or more dwelling units.
(E) "Parallel inspection" means the process by which a
licensed home inspector observes and evaluates an on-site home
inspection performed by an applicant for a home inspector
license
and reviews and verifies the applicant's compliance
with the
standards of practice specified in rules adopted by the
Ohio home
inspector board pursuant
to division (A)(13) of section 4768.05
of
the
Revised Code,
while concurrently performing the primary
home
inspection of the
same residential building for the
licensed home
inspector's
client.
(F) "Readily accessible" means available for visual
inspection without requiring a person to move or dismantle
personal property, take destructive measures, or take any other
action that will involve risk to a person or to the property.
Sec. 4768.02. (A) No person shall conduct a home inspection
or represent a qualification to conduct a home inspection for
compensation or other valuable consideration unless that person is
licensed pursuant to this
chapter as a home inspector.
(B) No person shall perform a home inspection unless it is
performed pursuant to a written contract entered into between a
licensed home inspector and a client.
(C) No person shall perform a home inspection unless the home
inspection conforms to requirements specified in rules adopted by
the Ohio home inspector board
pursuant to division (A)(13) of
section 4768.05 of the Revised
Code and the rules adopted
pursuant to division (B)(2) of section 1345.05 of the Revised
Code.
Sec. 4768.03. Section 4768.02 of the Revised Code does not
apply to any person described as follows if the person is acting
within the scope of practice of the person's respective
profession:
(A) A person who is employed by or whose services otherwise
are retained by this state or a political subdivision of this
state for the purpose of enforcing building codes;
(B) A person holding a valid certificate to practice
architecture issued under Chapter 4703. of the Revised Code;
(C) A person registered as a professional engineer under
Chapter 4733. of the Revised Code;
(D) A heating, ventilating, and air conditioning contractor,
refrigeration contractor, electrical contractor, plumbing
contractor, or hydronics contractor who is licensed under Chapter
4740. or section 3781.102 of the Revised Code
or who is licensed
or registered under section 715.27 of the
Revised Code;
(E) A real estate broker, real estate salesperson, foreign
real estate dealer, or foreign real estate salesperson who is
licensed under Chapter 4735. of the Revised Code;
(F) A real estate appraiser who is licensed under Chapter
4763. of the Revised Code;
(G) A public insurance adjuster who holds a valid certificate
of authority issued under Chapter 3951. of the Revised Code or an
employee or representative of an insurer licensed to transact
business in this state under Title XXXIX of the Revised Code who
conducts an inspection of any property or structure for purposes
related to the business of insurance;
(H) A commercial applicator of pesticide who is licensed
under Chapter 921. of the Revised Code.
Sec. 4768.04. There is hereby created the Ohio home
inspector board consisting of five members. The governor shall
appoint three members who are licensed home inspectors and who
each represent different national organizations that consist of
and represent home inspectors. The president of the senate and the
speaker of
the house of representatives each shall appoint one
member who
represents the public and has no financial interest in
the home
inspection industry. Not more than three members of the
board
shall be members of the same political party.
The governor, president of the senate, and speaker of the
house of representatives shall make the initial appointments to
the board not later than ninety days after the effective date of
this section. Of the initial appointments to the board, the
governor shall appoint one member to a term ending one year after
the effective date of this section, one member to a term ending
three years after that date, and one member to a term ending five
years after that date. The president of the senate shall appoint
one member to a term ending two years after that date, and the
speaker of the house of representatives shall appoint one member
to a term ending four years after that date. Thereafter, each term
shall be for five years, ending on the same day of the same month
as the term that it succeeds. Each member shall hold office from
the date of appointment until the end of the term for which the
member was appointed. Vacancies shall be filled in the manner
provided for original appointments. A member appointed to fill a
vacancy prior to the expiration of a term shall hold office for
the remainder of that term. A member shall continue in office
subsequent to the expiration of the term until the member's
successor takes office.
The members of the board shall not be compensated but shall
be reimbursed for actual expenses reasonably incurred in the
performance of their duties as members.
A member may be removed for misconduct, neglect of duty,
incapacity, or malfeasance by the person who appointed that
member.
Sec. 4768.05. (A) The Ohio home inspector board shall adopt
rules in accordance with
Chapter 119. of the Revised Code to do
all of the following:
(1) Establish standards to govern disciplinary proceedings
conducted pursuant to section 4768.13 of the Revised Code and the
reinstatement of home
inspector licenses the board suspends or
revokes
pursuant to those proceedings;
(2) Establish the amount of the following fees in an amount
that is sufficient to defray necessary
expenses incurred in the
administration of this chapter:
(a) The fee, which shall not exceed five hundred dollars, for
applying for and receiving a license issued under
section 4768.07
of the Revised Code;
(b) The fee, which shall not exceed five hundred dollars, for
renewal of a license under section 4768.09 of the
Revised Code;
(c) Any other fees as required by this chapter.
(3) Specify the information that must be provided on an
application for licensure under this chapter;
(4) Establish procedures for processing, approving, and
denying applications for licensure under this chapter;
(5) In accordance with division (C)(1) of this section,
specify
methods and procedures the board shall use to approve a
curriculum
of education individuals must successfully complete to
obtain a
license under this chapter;
(6) In accordance with division (C)(2) of this section,
specify
methods and procedures the board shall use to approve a
curriculum
of experience that an individual may elect to complete
the proof
of experience requirement specified in division (A)(6)
of section
4768.07 of the Revised Code;
(7) Establish the administrative reporting and review
requirements for parallel inspections or field experience to
assure that an applicant for a license satisfies
the requirements
of division (A)(6) of section 4768.07 of the Revised Code, as
applicable;
(8) Establish a curriculum for continuing education that a
licensed home inspector shall complete to satisfy the requirements
for continuing education specified in section 4768.08 of the
Revised Code and procedures to assure continuing education
requirements are updated periodically to make those requirements
consistent with home inspection industry practices;
(9) Establish requirements an institution,
organization,
company, or individual shall satisfy to obtain approval to provide
courses or programs that enable a licensed home inspector to
satisfy
the requirements for continuing education specified in
section 4768.08
of the Revised Code and establish procedures that
the superintendent of real estate and professional licensing shall
use to approve an institution,
organization, company, or
individual that satisfies the
requirements the board establishes;
(10) Establish procedures and standards that the
superintendent shall use to approve courses and programs,
including online courses and programs, offered by an entity that
is approved by the superintendent to offer continuing education
courses or programs pursuant to the rules adopted by the board
under division (A)(9) of this section;
(11) Establish both of the following fees:
(a) The fee an entity described in division (A)(9) of this
section shall pay to receive approval to offer continuing
education courses and programs;
(b) The fee an entity that is approved to offer continuing
education courses and programs shall pay for each course or
program that the entity wishes to have the superintendent approve
pursuant to the rules adopted by the board under division (A)(10)
of this section.
(12) Establish reporting requirements for a licensed home
inspector to follow to demonstrate that the licensed home
inspector successfully completed the continuing education
requirements specified in section 4768.08 of the Revised Code, and
procedures for the superintendent to follow to determine the
veracity of the licensed home inspector's continuing education
report;
(13) Establish requirements for conducting home inspections
and
standards of practice for home inspectors and conflict of
interest
prohibitions to the extent that those provisions
do not
conflict
with divisions (A) to (D) of section 4768.14 of
the
Revised Code;
(14) Specify the format and content of all affidavits and
other documents required for the administration of this chapter;
(15) Specify requirements for settlement agreements entered
into between the superintendent and a licensed home inspector
under division (C) of section 4768.13 of the Revised Code;
(16) Establish procedures, in accordance with division (K) of
section 121.08 of the Revised Code, to have criminal records
checks conducted by the bureau of criminal identification and
investigation for all applicants for licensure.
(B) The board shall approve a
nationally recognized
examination that the board
determines is valid and reliable that
individuals must pass to
obtain a license issued under
this
chapter.
(C) The board shall approve a curriculum of experience that
an individual may elect to complete to satisfy the proof of
experience requirement specified in division (A)(6) of section
4768.07 of the Revised Code and a curriculum of
education
individuals must successfully complete to
obtain a
license
issued under this chapter. The approved experience requirement
shall consist of forty hours of work in the home inspection field,
as specified in division (C)(2) of this section, and the approved
education shall consist of forty hours of classroom instruction,
as specified in division (C)(1)(a) of this section.
(1)
The board
shall
approve only a
curriculum of education
that satisfies both of the following
requirements:
(a) The curriculum
includes a requirement
that an
individual, in order to successfully complete the
curriculum,
complete at least forty
hours of classroom
instruction,
including instruction about
compliance with the
requirements
specified in this chapter,
inspection safety, report
writing,
and any other administrative
matters required by the
board.
(b) The curriculum satisfies any other requirements the board
established in rules it adopts.
(2) The board shall
approve only a
curriculum of experience
that includes a
requirement that an
individual, in order to
successfully complete
the curriculum,
must perform at least
forty hours of work in the
home
inspection
field that allows
the individual to obtain
practical
experience
or training
regarding home inspections.
Sec. 4768.06. (A) The superintendent of real estate and
professional licensing shall do all of the following:
(1) Administer this chapter;
(2) Provide the Ohio home inspector board with meeting space,
staff services, and other technical assistance required by the
board to carry out the duties of the board under this chapter;
(3) Provide each applicant for a home inspector license with
a copy of the requirements for home inspections specified in rules
adopted by the board pursuant to division (A)(13) of section
4768.05 of the Revised Code, and make those requirements available
to the public by posting them on the web site maintained by the
department of commerce;
(4) In accordance with division (B) of this section, issue a
home inspector license to, or renew a home inspector license for,
any person who satisfies the requirements specified in this
chapter for such licensure or renewal;
(5) Retain all licensure application materials submitted to
the superintendent, or an electronic image of such materials, for
a period of five years after the date of the receipt of the
materials and maintain a register of the names and addresses of
all individuals to whom the superintendent has issued or renewed a
license under this chapter for a period of five years after the
date of issuance, renewal, or expiration of a license, whichever
is later;
(6) Have criminal records checks conducted for each applicant
in accordance with section 121.08 of the Revised Code and the
procedures specified in rules adopted by the board pursuant to
division (A)(16) of section 4768.05 of the Revised Code;
(7) In accordance with the procedures specified in rules
adopted by the board in accordance with division (A)(9) of section
4768.05 of the Revised Code, approve an institution, organization,
company, or individual wishing to provide continuing education
courses or programs if that institution, organization, company, or
individual satisfies the requirements specified in
rules adopted
by the board in accordance with that division and
pays the fee
established in rules adopted by the board pursuant to
division
(A)(11)(a) of that section;
(8) In accordance with the procedures specified in rules
adopted by the board in accordance with division (A)(10) of
section 4768.05 of the Revised Code, approve a course or program
that a licensed home inspector may complete to satisfy the
continuing education requirements specified in section 4768.08 of
the Revised Code if all of the following are satisfied:
(a) The course or program is offered by an entity approved by
the superintendent pursuant to division (A)(7) of this section.
(b) The course or program satisfies the standards established
in rules adopted by the board pursuant to division (A)(10) of
section 4768.05 of the Revised Code.
(c) The entity pays the fee established in rules adopted by
the board pursuant to division (A)(11)(b) of section 4768.05 of
the Revised Code.
(9) Issue all orders necessary to implement this chapter;
(10) In accordance with section 4768.12 of the Revised Code,
investigate complaints concerning an alleged violation of this
chapter or the conduct of any licensee and subpoena witnesses in
connection with those investigations, as provided in that section.
(B) The superintendent shall issue a home inspector license
only to an
individual and shall not issue a license to a
corporation, limited
liability company, partnership, or
association, although a
licensed home inspector may sign a home
inspection report in a
representative capacity on behalf of any
of those types of
entities.
(C) The superintendent may establish and maintain an
investigation and audit section to investigate complaints and
conduct inspections, audits, and other inquiries as in the
judgment of the superintendent are appropriate to enforce this
chapter. The superintendent may utilize the investigators and
auditors employed pursuant to division (B)(4) of section 4735.05
of the Revised Code or licensees to assist in performing the
duties specified in division (A)(10) of this section.
Sec. 4768.07. (A) To obtain a license to perform home
inspections, an individual shall submit an application to the
superintendent of real estate and professional licensing on a form
the superintendent provides, the fee established in
rules adopted
by the Ohio home inspector board pursuant to division (A)(2) of
section 4768.05 of the Revised Code, the information necessary for
the superintendent to have a criminal records check conducted in
accordance with section 121.08 of the Revised Code and the
procedures the board adopts in rules pursuant
to division (A)(16)
of section 4768.05 of the Revised Code, and
the fee established
by the board to cover the costs of that
criminal records check;
and shall satisfy the requirements
set
forth in this section.
Except as otherwise specified in
division
(B) of this section,
the application shall include all of
the
following:
(1) A pledge the applicant signs, agreeing to comply with
the rules adopted by the board pursuant to division
(A)(13) of
section 4768.05 of the Revised Code;
(2) A statement that the applicant understands the grounds
for any disciplinary action that may be initiated under this
chapter;
(3) Proof of holding a comprehensive general liability
insurance policy or a commercial general liability insurance
policy in accordance with section 4768.11 of the Revised Code;
(4) Proof of successfully passing, within two years before
the date of the application, the home inspector examination
approved by the board pursuant to division (B) of
section 4768.05
of the Revised Code;
(5) Proof of successfully completing a curriculum of
education approved by
the board in accordance with rules the
board adopts pursuant to
division (A)(5) of section
4768.05 of
the Revised Code;
(6) Proof that the applicant has experience in the field of
home inspections by successfully completing a curriculum of
experience approved by the board in accordance with rules the
board adopts pursuant to
division (A)(6) of section 4768.05 of the
Revised Code or by
successfully completing ten parallel
inspections;
(7) Proof that the applicant is at least eighteen years of
age;
(8) Proof that the applicant has graduated from the twelfth
grade, received a general educational development diploma, or
satisfactorily completed a program that is the equivalent to
graduating from the twelfth grade or receiving a general
educational development diploma;
(9) Any other information the board requires that
the board
determines is relevant to receiving a
license
to practice as a
licensed home inspector.
(B) The superintendent shall not require a person described
in division (B) or (C) of section 4768.03 of the Revised Code who
wishes to obtain a license to perform home inspections under this
chapter to submit proof of education and experience as required
under divisions (A)(5) and (6) of this section in the person's
application
in order for that person to receive a license. Such a
person,
however, shall satisfy all other requirements specified
in
division (A) of this section in order to receive a license.
(C) The act of submitting an application to the
superintendent does not create, shall not be construed as
creating, and is not intended to indicate licensure as a home
inspector.
Sec. 4768.08. During each one-year period that a
license is
valid, a licensed home inspector shall
successfully
complete not
less than six hours of continuing
education
instruction in
courses or programs directly applicable
to the
standards of
practice and requirements specified in rules adopted
by the Ohio
home inspector board
pursuant to division (A)(13) of section
4768.05 of
the Revised
Code.
The superintendent of real estate and professional licensing
shall accept only those courses and programs the superintendent
approves in accordance with division (A)(8) of section 4768.06 of
the Revised Code prior to the date the licensed home inspector
completes the course or program. The
superintendent shall not
include
parallel inspections completed
by a person for credit
toward
satisfying the continuing education
requirements
specified in this
section.
Sec. 4768.09. (A) A home inspector license issued or
renewed
pursuant to this chapter expires one year after the date
of
issuance or renewal.
(B)(1) To renew a home inspector license, a licensed
home
inspector shall file a renewal application within the
ninety-day
period immediately preceding the date the license
expires with
the superintendent of real estate and professional
licensing
pursuant to the procedures set forth in Chapter 4745. of
the
Revised Code, along with proof of holding or being covered by
a
comprehensive general liability insurance policy or a commercial
general liability insurance policy in accordance with section
4768.11 of the Revised Code and proof of satisfying the continuing
education requirements specified in section 4768.08 of the Revised
Code.
(2) A licensed home inspector who fails to renew a
license
before its expiration may, during the three months
following the
expiration, renew the license by following the
procedures in
division (B)(1) of this section and paying a late
fee in an
amount the Ohio home inspector board establishes. A licensed home
inspector
who applies for a late renewal pursuant to this
division
shall
not engage in any activities permitted under the
license being
renewed
until the superintendent notifies the
licensed home
inspector that the licensed home inspector's
license has
been
renewed.
(3) A licensed home inspector who fails to renew a
license
prior to its expiration or during the three months
following its
expiration may obtain a license by complying
with the application
procedures and meeting the requirements for
obtaining a license
set forth in section 4768.07 of the
Revised Code and by paying
the application and licensure fee established in
rules adopted by
the board pursuant to division (A)(2) of
section 4768.05 of the
Revised
Code.
(C) The superintendent shall not renew a license if any
of
the following conditions apply:
(1) The licensed home inspector is in violation of any
provision of this chapter or order of the
board or the
superintendent.
(2) The licensed home inspector fails to submit proof of
holding a comprehensive general liability insurance policy or a
commercial general liability insurance policy in accordance with
section 4768.11 of the Revised Code.
(3) The licensed home inspector fails to submit proof of
satisfying the continuing education requirements specified in
section 4768.08 of the Revised Code.
(D) A licensed home inspector who fails to submit the proof
required under division (C)(2) or (3) of this section may obtain a
license by following the application procedures and meeting
the
requirements for obtaining a license set forth in section
4768.07
of the Revised Code and by paying the application and licensure
fee
established
in rules adopted by the board pursuant to
division (A)(2) of section 4768.05 of the Revised
Code.
Sec. 4768.10. The superintendent of real estate and
professional licensing may issue a home inspector license to
an
individual who holds a license, registration, or certification
as
a
home inspector in another jurisdiction if that individual
submits
an application on a form the superintendent provides,
pays
the
fee the Ohio home inspector board prescribes, and
satisfies all of
the
following requirements:
(A) The individual is licensed, registered, or certified as a
home inspector in a jurisdiction the board determines
grants the
same privileges to persons licensed under this chapter
as this
state grants to persons in that jurisdiction, and that
jurisdiction has licensing, registration, or certification
requirements that are substantially similar to, or exceed, those
of this state.
(B) The individual files proof of signing a pledge with the
board stating that the individual is familiar with and shall
comply with this
chapter and the rules adopted by the board
pursuant to division (A)(13) of section 4768.05 of the Revised
Code.
(C) The individual agrees to all of the following in a
written statement that the individual submits to the
superintendent:
(1) To provide the superintendent the name and address of an
agent to receive service of process in this state or that the
individual authorizes the superintendent to act as agent for that
individual;
(2) That service of process in accordance with the Revised
Code is proper and the individual is subject to the jurisdiction
of the courts of this state;
(3) That any cause of action arising out of the conduct of
the individual's business in this state shall be filed in the
county in which the events that gave rise to that cause of action
occurred.
Sec. 4768.11. Every licensed home inspector shall maintain,
or be covered by, a comprehensive general liability insurance
policy or a commercial general liability insurance policy with
coverage limits of not less than one hundred thousand dollars per
occurrence and not less than a three hundred thousand dollar
aggregate limit, providing coverage against liability of the
licensed home inspector for loss, damage, or expense as a result
of an act that occurred while the licensed home inspector was on
the premises performing a home inspection. If the employer of a
licensed home inspector maintains such an insurance policy
covering the licensed home inspector, the licensed home
inspector
is not required to maintain the licensed home
inspector's own
comprehensive general liability insurance policy
or commercial
general liability insurance policy.
Sec. 4768.12. (A) The superintendent of real estate and
professional licensing shall investigate complaints against
licensed home inspectors on receipt of a complaint concerning any
alleged violation of this chapter. The superintendent may employ
investigators and auditors to assist in investigating complaints
and conducting investigations, audits, and other inquiries that
the superintendent considers appropriate to enforce this chapter.
The investigators and auditors may review and audit, during normal
business hours, the licensed home inspector's business records
that are directly related to complaints.
(B) Within five days after a person files a complaint against
a licensed home inspector with the superintendent, the
superintendent shall provide to that person an acknowledgment of
the receipt of the complaint and send a notice regarding that
complaint to the licensee who is the subject of the complaint. The
superintendent shall include in that notice a description of the
activities in which the licensed home inspector allegedly engaged
that violate this chapter. Within twenty days after the
superintendent sends the notice to the complainant and the
licensed home inspector who is the subject of the complainant's
complaint, the complainant and the licensed home inspector may
file with the superintendent a request to have an informal
mediation hearing. If both the complainant and the licensed home
inspector file such a request, the superintendent shall notify the
complainant and the licensed home inspector of the date and time
of the informal mediation hearing. An investigator employed by the
superintendent shall conduct the informal mediation hearing. If
the complainant and the licensed home inspector reach an
accommodation during that informal mediation hearing, the
investigator shall send a written report describing the
accommodation to the superintendent, complainant, and licensee.
Notwithstanding division (C) of this section, the written report
describing the accommodation is a public record for purposes of
section 149.43 of the Revised Code. The superintendent shall close
the complaint upon satisfactory completion of the accommodation.
If the licensee or the complainant fails to file a request for an
informal mediation hearing, or if the parties fail to agree on an
accommodation during that informal mediation hearing, the
superintendent shall proceed with an investigation of the
complaint.
(C) All information related to investigations and audits is
confidential and is not a public record under section 149.43 of
the Revised Code. Nothing in this section shall be construed as
prohibiting the superintendent from releasing information relating
to a licensed home inspector to a law enforcement officer, the
attorney general, or the
appropriate prosecutorial authority. If
the attorney general, a law enforcement officer,
or a
prosecutorial authority receives information relating to a
licensed home inspector from the superintendent under this section
the attorney general, law enforcement officer, or prosecutorial
authority
shall comply with the same requirements regarding
confidentiality
as those with which the superintendent must
comply,
notwithstanding any conflicting provision of the Revised
Code or
procedure of the attorney general, law enforcement
officer, or prosecutorial
authority that applies when the
attorney general, law enforcement officer, or
prosecutorial
authority is dealing with other information in its
possession.
(D) The Ohio home inspector board or the superintendent may
compel, by order or subpoena, the attendance of witnesses to
testify in relation to any matter over which the board or
superintendent has jurisdiction and which is the subject of
inquiry and investigation by the board or superintendent, and
require the production of any book, paper, or document pertaining
to such matter. For such purpose, the board or superintendent
shall have the same power as judges of county courts to administer
oaths, compel the attendance of witnesses, and punish them for
refusal to testify. Service of the subpoena may be made by
sheriffs or constables, or by certified mail, return receipt
requested, and the subpoena shall be considered served on the date
delivery is made or the date the person refused to accept
delivery. A witness shall receive, after the witness's appearance
before the board or superintendent, the fees and mileage allowed
in civil actions in courts of common pleas. If two or more
witnesses travel together in the same vehicle, the mileage fee
shall be paid to only one of those witnesses, but the witnesses
may agree to divide the fee among themselves in any manner.
(E) In addition to the powers granted to the board and
superintendent under this section, in case any person fails to
file any statement or report, obey any subpoena, give testimony,
answer questions, or produce any books, records, or papers as
required by the board or superintendent under this chapter, the
court of common pleas of any county in the state, upon application
made to it by the board or superintendent setting forth such
failure, may make an order awarding process of subpoena or
subpoena duces tecum for the person to appear and testify before
the board or superintendent, and may order any person to give
testimony and answer questions, and to produce books, records, or
papers, as required by the board or superintendent. Upon the
filing of such order in the office of the clerk of the court of
common pleas, the clerk, under the seal of the court, shall issue
process of subpoena for the person to appear before the board or
superintendent at a time and place named in the subpoena, and each
day thereafter until the examination of such person is completed.
The subpoena may contain a direction that the witness bring with
the witness to the examination any books, records, or papers
mentioned in the subpoena. The clerk shall also issue, under the
seal of the court, such other orders, in reference to the
examination, appearance, and production of books, records, or
papers, as the court directs. If any person so summoned by
subpoena fails to obey the subpoena, to give testimony, to answer
questions as required, or to obey an order of the court, the
court, on motion supported by proof, may order an attachment for
contempt to be issued against the person charged with disobedience
of any order or injunction issued by the court under this chapter.
If the person is brought before the court by virtue of the
attachment, and if upon a hearing the disobedience appears, the
court may order the offender to be committed and kept in close
custody.
Sec. 4768.13. (A) If, upon examining the results of an
investigation, the superintendent of real estate and professional
licensing determines that reasonable evidence exists that a
licensed home inspector has violated
this chapter or Chapter
1345. of the Revised Code or engaged in
an activity described in
divisions (A)
to (H) of section 4768.14
of the Revised Code, the
superintendent shall proceed
in
accordance with the notice and
hearing requirements prescribed
in
Chapter 119. of the Revised
Code. After a hearing officer conducts
a hearing and issues a
report and recommendations pursuant to
division (D) of this
section, the Ohio home inspector board shall
review the report
and recommendations and shall order the
disciplinary
action the
board considers appropriate, which may
include
any one or more
of the following:
(2) A fine not exceeding one thousand dollars per violation;
(3) Completion of hours of education in subjects related to
the underlying cause of the violation in an amount determined by
the board;
(4) Suspension of the license until the licensed home
inspector complies with conditions the board establishes;
(5) Suspension of the license for a specific period of
time;
(6) Revocation of the license.
(B) The superintendent shall not credit any hours of
education a licensed home inspector completes in accordance with
division (A)(3) of this section toward satisfying the requirements
for continuing education specified in section 4768.08 of the
Revised Code.
(C) At any time after the superintendent notifies a licensed
home inspector in accordance with division (A) of this section
that a hearing will be held but before the date of the hearing,
the licensed home inspector may apply to the superintendent to
enter into a settlement agreement regarding the alleged violation.
The superintendent and the licensed home inspector shall comply
with the requirements for settlement agreements established in
rules adopted by the board pursuant to division (A)(15) of section
4768.05 of the Revised Code. If the parties enter into the
settlement agreement and comply with all of the requirements set
forth in that agreement, the investigation regarding that alleged
violation is considered closed. Notwithstanding division (C) of
section 4768.12 of the Revised Code, the settlement agreement is a
public record for purposes of section 149.43 of the Revised Code.
(D) The superintendent shall appoint a hearing officer to
conduct adjudication hearings in accordance with Chapter 119. of
the Revised Code. The superintendent shall appoint a person who
has been admitted to the practice of law in this state to serve as
the hearing
officer.
In accordance with section 119.09 of the Revised Code, after
conducting a hearing, a hearing officer shall submit to the
board
a report of the hearing and a recommendation for
the action to be
taken against the licensed home inspector. All
parties may file
objections to the report and recommendations as
permitted under
that section, and the board shall issue
an order in accordance
with the procedures prescribed in that
section.
(E)
The decision and order of the board is final,
subject to
review in the
manner provided in Chapter 119. of the
Revised
Code and appeal to the court of common pleas in Franklin
county.
Sec. 4768.14. The superintendent of real estate and
professional licensing may refuse to issue or renew a
license if
the applicant for the license or renewal
has done any of the
following:
(A) Accepted compensation or other valuable consideration
from more than one interested party
for the same service without
the written consent of all interested
parties;
(B) Accepted commissions, allowances, or other valuable
consideration, directly or
indirectly, from other parties who
deal with a client in connection
with the home inspection for
which the home inspector is
responsible, or from other parties
who are involved in any part of the real estate transaction
involving a residential building for which that home inspector
conducted a home
inspection;
(C) Repaired, replaced, or upgraded, or solicited to repair,
replace, or upgrade, for compensation or other valuable
consideration, systems or components in a
residential
building
within one year
after completing a home inspection of
that
residential
building;
(D) Failed to disclose promptly to a client written
information about any business interest of the home
inspector
that may affect the client in connection with the home
inspection;
(E) Pleaded guilty to or been convicted of, in a court of
competent jurisdiction and during the five years immediately
preceding the date the applicant submits the applicant's
application for licensure or renewal, a felony
or an equivalent
offense under the laws of any other state or the
United States;
(F) Pleaded guilty to or was convicted of, in a court of
competent jurisdiction, any crime of moral turpitude or was
required to register under Chapter 2950. of
the Revised Code;
(G) Failed to satisfy the continuing education requirements
specified in section 4768.08 of the Revised Code;
(H) Failed to maintain or be covered by a comprehensive
general liability insurance policy or a commercial general
liability insurance policy as required under section 4768.11 of
the Revised Code;
(I) Violated a provision of this chapter or Chapter 1345. of
the Revised Code.
Sec. 4768.15. The superintendent of real estate and
professional licensing may apply to any court of common pleas to
enjoin a violation of this chapter. Upon a showing by the
superintendent that a person has violated or is violating this
chapter, the court shall grant an injunction, restraining order,
or other appropriate relief.
Sec. 4768.16. (A) Upon receipt of a written complaint or upon
the motion of the superintendent of real estate and professional
licensing, the superintendent may investigate any person that has
allegedly violated section 4768.02 of the Revised Code, except
that the superintendent shall not investigate a complaint under
this section if the person who is the subject of the complaint
held a valid license issued under this chapter any time during the
twelve months preceding the date of the alleged violation. At any
time before, during, or after the investigation, the
superintendent may refer any complaint or investigation to the
consumer protection section of the attorney general's office for
enforcement action authorized by Chapter 1345. of the Revised
Code.
(B) The superintendent has the same powers to investigate an
alleged violation of section 4768.02 of the Revised Code as those
powers specified in section 4768.12 of the Revised Code. If, after
an investigation pursuant to section 4768.12 of the Revised Code,
the superintendent determines that reasonable evidence exists that
a person has violated section 4768.02 of the Revised Code, within
seven days after that
determination, the superintendent shall
send a written notice to
that person by regular mail and shall
include in the notice the
information specified in section 119.07
of the Revised Code for
notices given to licensees, except that
the notice shall specify
that a hearing will be held and specify
the date, time, and place
of the hearing.
(C) The Ohio home inspector board shall hold a hearing
regarding the alleged violation in the same manner prescribed for
an adjudication hearing under section 119.09 of the Revised Code.
If the board, after the hearing, determines a violation has
occurred, the board may impose a fine on the person, not exceeding
five hundred dollars per violation. Each day a violation occurs or
continues is a separate violation. The board shall determine the
terms of payment. The board shall maintain a transcript of the
proceedings of the hearing and issue a written opinion to all
parties, citing its findings and grounds for any action taken. The
board's determination regarding a violation of section 4768.02 of
the Revised Code is an order that the person may appeal in
accordance with section 119.12 of the Revised Code.
(D) If the person who allegedly committed a violation of
section 4768.02 of the Revised Code fails to appear for a hearing,
the board may request the court of common pleas of the county
where the alleged violation occurred to compel the person to
appear before the board for a hearing.
(E) If the board assesses a person a civil penalty for a
violation of section 4768.02 of the Revised Code and the person
fails to pay that civil penalty within the time period prescribed
by the board, the superintendent shall forward to the attorney
general the name of the person and the amount of the civil penalty
for the purpose of collecting that civil penalty. In addition to
the civil penalty assessed pursuant to this section, the person
also shall pay any fee assessed by the attorney general for
collection of the civil penalty.
Sec. 4768.17. (A) Except as provided in divisions (B) and (C)
of this section, nothing in this chapter shall be construed to
create or imply a private cause of action against a licensed home
inspector for a violation of this chapter if that action is not
otherwise maintainable under common law. Nothing in this chapter
shall be construed to waive or remove any cause of action that may
arise under Chapter 1345. of the Revised Code.
(B) An action for damages that is based on professional
services that were rendered or that should have been rendered by a
licensed home inspector shall not be brought, commenced, or
maintained unless the action is filed within two years after the
date that the home inspection is performed.
(C) The statute of limitations
specified in division (B) of
this section shall be tolled for the
period that begins on the
date the client files a complaint with the superintendent of real
estate and professional licensing as provided in section 4768.16
of the Revised Code and ends on any of the following dates,
whichever occurs latest:
(1) The date the superintendent declines to investigate the
client's complaint;
(2) The date the superintendent determines reasonable
evidence does not exist that the person has violated section
4768.02 of the Revised Code;
(3) The date the Ohio home inspector board determines whether
a violation has occurred.
(D) The remedies provided under sections 4768.12 to 4768.15
of the Revised Code are the exclusive remedies for alleged
violations of any conflict of interest prohibitions specified in
the rules adopted by the board pursuant to
division
(A)(13) of
section 4768.05 of the Revised Code.
(E) Nothing in this section shall be construed to prohibit
the superintendent of real estate and professional licensing from
investigating, or to prohibit the board from
taking action
against a licensed home inspector for violations of
this chapter
if the investigation commences more than one year
after the date
that the licensed home inspector conducts the home
inspection
that is the subject of the investigation and action.
Sec. 4768.18. The superintendent of real estate and
professional licensing shall deposit all money collected under
this chapter in the state treasury to the credit of the home
inspectors fund, which is hereby created. Money credited to the
fund shall be used solely by the superintendent to pay costs
associated with the administration and enforcement of this
chapter.
Sec. 4768.19. On receipt of a notice pursuant to section
3123.43 of the Revised Code, the superintendent of real estate and
professional licensing shall comply with sections 3123.41 to
3123.50 of the Revised Code and any applicable rules adopted under
section 3123.63 of the Revised Code with respect to a
license
issued pursuant to this chapter.
Sec. 4768.99. Whoever violates division (A) of section
4768.02 of the Revised Code is guilty of a misdemeanor of the
third degree on a first offense and a misdemeanor of the first
degree on each subsequent offense. A violation of section 4768.02
of the Revised Code is an unfair and deceptive act or practice in
violation of section 1345.02 of the Revised Code.
Section 2. That existing sections 121.08 and 4745.01 of the
Revised Code are hereby repealed.
Section 3. Section 4768.02 of the Revised Code takes effect
two hundred ten days after the effective date of this act.
Section 4. Notwithstanding section 4768.04 of the Revised
Code as enacted by this act, persons appointed to the Ohio Home
Inspector Board during the first year after the effective date of
this act need not be licensed as required under that section.
Section 5. Not later than one hundred eighty days after the
effective date of this act, the Ohio Home Inspector Board shall
adopt the rules the Board is
required to adopt under this act.
Section 6. (A) Notwithstanding section 4768.07 of the Revised
Code, as enacted by this act, and except as provided under section
4768.14 of the Revised Code, as enacted by this act, during the
period of time beginning on the date the last initial member of
the Ohio Home Inspector Board is appointed pursuant to section
4768.04 of the Revised Code, as enacted by this act, and
ending
one hundred twenty days after that date, the Superintendent of
Real
Estate and Professional Licensing shall issue a home
inspector
license if an individual applies for a license on a
form
the
Superintendent provides and pays the fee specified in
section
4768.05 of the Revised Code, as enacted by this act, and
if the
applicant demonstrates all of the following:
(1) Proof of maintaining or being covered by a comprehensive
general liability insurance policy or a commercial general
liability insurance policy in accordance with section 4768.11 of
the Revised Code, as enacted by this act;
(2) Proof by direct documentation or signed affidavit
attesting to having met any one of the following requirements to
demonstrate participation in the home inspection field prior to
the effective date of this act:
(a) Having performed at least two hundred home inspections
for clients for compensation or other valuable consideration;
(b) Having successfully passed the National Home Inspector
Examination offered by the Examination Board of the Professional
Home Inspectors or having successfully passed the nationally
recognized examination approved by the Board pursuant to division
(B) of section 4768.05 of the Revised Code, as enacted by this
act;
(c) Having actively operated a home inspection business in
this state for three years before the effective date of this act
under a business name officially registered with the Secretary of
State;
(d) Having been employed as a home inspector for the
consecutive twenty-four months before the effective date of this
act by an inspection company or individual whose owner or manager
meets the license requirement specified in this section.
(3) Proof of signing a pledge agreeing to comply with the
requirements specified in rules adopted by the Board
pursuant to
division (A)(13) of section 4768.05 of the
Revised
Code, as
enacted by this act;
(4) In a written statement, acknowledge that the individual
understands the grounds for any disciplinary action that may be
initiated under Chapter 4768. of the Revised Code, as enacted by
this act.
If the Board determines necessary, the Board may request the
Superintendent to have a criminal records check conducted pursuant
to section 121.08 of the Revised Code and the rules adopted by the
Board pursuant to division (A)(16) of section 4768.05 of the
Revised Code, as enacted by this act, on any applicant who applies
for a license under this section.
(B) Any license issued under this section shall expire
one
year after the date the license was issued. A licensed
home
inspector may renew the licensed home inspector's
license in
accordance with section 4768.09 of the Revised
Code, as enacted
by this act.
(C) As used in this section, "home inspection" and
"residential building" have the same meanings as in section
4768.01
of the Revised Code, as enacted by this act. "Home
inspector"
means an individual who conducts home inspections for
compensation or other valuable consideration.
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