Arkansas Administrative Code
Agency 198 - Home Inspector Registration Board
Rule 198.00.14-001 - Rules and Procedures for Arkansas Home Inspector Registration Board (2014)
Universal Citation: AR Admin Rules 198.00.14-001
Current through Register Vol. 49, No. 9, September, 2024
100 Board Organization, Duties and Meetings
101
Creation, Purpose and Powers of
the Board:
A. Creation: The Arkansas
Home Inspector Registration Board (the Board) was created by the action of the
2003 Regular Session of the 84th General Assembly of the State of Arkansas with
the passage of Act 1328, also known as "The Arkansas Home Inspectors
Registration Act" and codified as Arkansas Code Annotated §
17-52-301 et.
seq..
B. Purpose: The purposes of
the Board are to:
1. Administer and enforce
the provisions of the Arkansas Home Inspectors Registration Act;
2. Promote a business atmosphere that will
protect consumers of home inspection services;
3. Oversee an ongoing continuing education
program to develop high level skills in home inspectors, and;
4. Encourage the presence of a viable home
inspection industry in Arkansas.
C. Powers: Specific powers and duties of the
Board are delineated in Ark. Code Ann. §
17-52-306.
102
Election and Terms of
Officers:
A. In May of each year, the
Board shall elect from its membership, the following officers: Chairperson,
Vice Chairperson, and Secretary/Treasurer.
B. Election of officers shall be held as the
last item on the agenda.
C. The
officers shall serve twelve (12) month terms.
D. A person may serve a maximum of two
consecutive terms as a Board officer.
E. After not being an officer for at least
twelve (12) months, a member may be elected as an officer again and at that
time may commence a maximum of two consecutive, twelve month terms.
103
Duties of Board
Members
A. The Chairperson shall:
1. Preside over all meetings at which he or
she is present and act as the spokesperson for the Board.
2. He or she may assign duties to Board
members in addition to those specified herein. Likewise, the Chairperson may
from time to time form temporary committees whose members are drawn from the
citizens of Arkansas. The formation of any such groups shall be accomplished in
writing and be for a specified period of time and purpose.
3. He or she shall determine the order and
content of Board meeting agendas.
B. The Vice Chairperson shall preside and
determine the order and content of Board meeting agendas in the temporary
absence of the Chairperson or in any circumstance where the Chairperson recuses
himself or herself in a matter being considered by the Board.
C. The Secretary/Treasurer shall be
responsible for performing the following duties or delegating any or all such
duties to the Board Staff with the approval of the Board:
1. Preparation, publication, and maintenance
of the minutes of Board meetings.
2. Preparation of correspondence and conduct
of administrative support as the Chairperson may direct or as may be prescribed
in these rules and regulations.
3.
Instituting and maintaining a system of books and financial records
satisfactory to the Director of the Department of Finance and
Administration.
4. Maintaining the
permanent records of the Board.
5.
Notification of the Governor's office whenever a member misses 3 board
meetings.
D. All Board
members shall diligently attend and participate in Board meetings and other
business of the Board.
104
Board Meetings:
A. State Regulations: All meetings,
procedures and actions of the Board and its staff shall be conducted in
accordance with the Arkansas Freedom of Information Act, the Arkansas
Administrative Procedures Act, and A.C.A. §
17-52-301
et seq.
B. Meeting
Protocol: Unless otherwise specified herein, Board meetings shall be conducted
in accordance with Robert's Rules of Order. Such rules may be modified as
appropriate to accommodate expeditious conduct of electronic
meetings.
C. Quorum: A majority of
the Board shall constitute a quorum for transacting any business of the
Board.
D. Meeting Scheduling:
1. The Board shall physically meet not less
than two (2) times each calendar year to consider and act upon applications for
initial registration and renewal of registration, complaints regarding
registrants, and to transact other business as may properly come before
it.
2. The Board may conduct any
additional meetings in person, by telephone conference call, or by other
electronic means.
3. Dates, times,
and places of meetings shall be decided by a majority vote of the members of
the Board.
4. Meeting Notice:
Notice shall be given to each member of the Board of the time and place of each
meeting at least ten (10) calendar days before the scheduled date of the
meeting. The same information will be posted on the official Arkansas State
website at www.arkansas.gov, as
well as the Board website at www.ahib.org.
E. Meeting Minutes: The minutes of all
meetings shall be prepared within seven (7) calendar days and delivered to all
Board members for review. Upon approval by Board vote, the minutes shall be
posted on the Board website.
105
Board Expense Reimbursement:
Each member of the Arkansas Home Inspector Registration Board may
receive appropriate expense reimbursement as approved by the Board. Appropriate
expenses are those which a member of the Board necessarily incurs in the
discharge of his/her official duties. Requests for reimbursement of appropriate
expenses shall not be processed for payment unless sufficient funds are
available for that purpose within the appropriations for this Board.
106
Administrative Support to the
Board:
A. The Board may employ a staff
of public employees or contract for administrative support to the
Board.
B. The positions of public
employees of the Board shall be established by the General Assembly and filled
in accordance with all State laws and regulations governing the hiring of
public employees.
C. The staff
shall:
1. Be the custodian of permanent
official home inspector registration files and shall maintain permanent records
of all home inspector registration applications received since enactment of the
original Arkansas Home Inspector Registration Act in 1997.
2. Maintain the permanent records of the
Board.
3. Receive and process all
correspondence addressed to the Board including, but not limited to,
applications for initial registration and renewal of registration.
4. Respond to requests for general
information, applications for registration or renewal of registration,
complaint forms, or requests for copies of documents.
5. Perform other administrative duties as may
be assigned by the Board.
200 Administrative Procedures and Fees
201
Contacting the Board
and Public Information Requests:
A.
The Board may be contacted during business hours (8:00 a.m. to 4:30 p.m. Monday
through Friday except on Arkansas State holidays,) by the following methods:
1. Telephone at (501) 683-3710
2. Facsimile at (501) 244-2333
3. Mail (U.S. Postal Service) to P.O. Box
251911, Little Rock, AR 72225-1911
4. Courier deliveries or deliveries in person
at the current physical address of the Board office, which may be obtained by
referencing the Board website at www.ahib.org, or by telephoning the Board
office
5. Electronic mail (email)
at info@ahib.org
B. Requests for public information should be
made in accordance with the Arkansas Freedom of Information Act (A.C.A. §
25-19-109). The Board may charge a reasonable fee for providing printed documents in
response to a request made pursuant to the Arkansas Freedom of Information
Act.
202
Publication of Board Documents: Board Rules and Procedures, as well as
all Board forms, shall be made available on the Board website at
www.ahib.org, or can be obtained by
contacting the Board office.
203
Applications and Forms: All applications for registration, course
certification, complaints, and similar actions shall be made on forms
prescribed by the Board and completed and signed by the applicant. All
applications shall include the appropriate fees. The Board will not approve an
application which is incomplete or is submitted without the correct
fees.
204
Current Fees:
Fees imposed by the Board are hereby set as follows and are
non-refundable:
A.
Initial Registration
Fee: $250.00 per calendar year, prorated based upon date of receipt of
the application and payment, as follows:
|
Date of receipt |
|
|
January 1 through June 30 |
$250 00 |
|
July 1 through December 31 (Includes registration through December 31 of the following calendar year.) |
$375 00 |
B.
Registration Renewal Fee for Good Standing Status: $250.00 per
calendar year.
C.
Initial
Registration or Renewal Fee for Inactive Status:
|
Fee for upcoming calendar year |
$25.00/year |
|
Fee for remainder of current calendar year |
$ 0.00 |
D.
Delinquent Renewal Fees: A delinquent renewal fee must be paid in
addition to all other renewal fees if the registrant fails to adhere to renewal
of registration requirements.
1.
Delinquent Renewal Application Fees: (Due along with application)
|
Required information received: |
|
|
December 2 through December 31 |
$50.00 |
|
January 1 through January 31 |
$100.00 |
|
February 1 through last day of February |
$150.00 |
|
March 1 through March 31 |
$200.00 |
|
April 1 and thereafter |
$250.00 |
2.
Delinquent Certificate of Insurance Fees: A registrant's license to
conduct home inspections in Arkansas shall be suspended on the day following
the ending date of the latest complete certificate of liability insurance on
file at the Board office. Removal of Suspended Status for delinquent submission
of a certificate of insurance is contingent upon payment of the following
applicable fees, and any other requirements set forth herein regarding
reinstatement of Good Standing Status from Suspended Status.
Certificate received between ending date of policy and:
|
End of 30th day thereafter |
$50.00 |
|
31st through 60th day thereafter |
$100.00 |
|
61st through 90th day thereafter |
$150.00 |
|
91st through 120th day thereafter |
$200.00 |
|
On or after 121st day thereafter |
$250.00 |
E.
Returned Check Fee: Fee for checks returned for insufficient
funds:
|
Bank or State Treasurer Fee plus |
$25.00 |
F.
Pre-Registration Course Provider Fees: (per curriculum):
|
Initial qualifying fee (non-refundable): |
$200.00 for first year |
|
Annual renewal fee |
$100.00/year |
G.
Continuing Education Course Provider Fees: (per course):
|
Initial qualifying fee (Includes first course) |
$45.00 for first year |
|
Additional course filing fee: |
$25.00 for first year |
|
Annual renewal fee per course |
$25.00/year |
205
Rule Making: From time to time, the Board will promulgate Rules
and Regulations under the authority granted by the Legislature to implement the
provisions of the Act. Such rules and regulations shall be consistent with the
Act and be in the collective, best overall interest of consumers of home
inspection services in Arkansas, home inspectors who provide those services,
and all citizens of the State of Arkansas. The Board follows the procedural
requirements of the Arkansas Administrative Procedure Act. Additionally, the
Board is required to abide by the provisions of A.C.A. §
10-3-309.
A. Initiation of Rule-Making: The process of
adopting a new rule or amending or repealing an existing rule (hereinafter
referred to "rule-making") may be initiated by the Board by asking the staff or
a committee to submit proposed drafts. Additionally, the Board staff may
request permission of the Board to initiate rule-making.
B. Petition to Initiate Rule-Making: Third
parties may initiate rule-making to adopt, amend, or repeal a rule by filing a
petition with the Board to initiate rule-making. The petition must contain the
name, address, and telephone number of the petitioner, the specific rule or
action requested, the reasons for the rule or action requested, and facts
showing that the petitioner is regulated by the Board or has a substantial
interest in the rule or action requested.
1.
The petition to initiate rule-making shall be filed with the Board
Chair.
2. Within thirty (30) days
after submission of the petition, the Board will either deny the petition,
stating its reasons in writing, or will initiate rule-making.
C. Record of Rules: The Board
shall maintain copies of all official versions of its Rules and Procedures in
addition to all correspondence, summaries, etc. associated with the adoption
and implementation of each version.
300 Registration and Renewal Requirements & Procedures
301
General Requirements:
A.
Who Must Register: All persons who advertise as a home inspector, and/or
perform or attempt to perform a home inspection for a fee, in the state of
Arkansas, shall first register with the Board and comply with the Arkansas Home
Inspector Registration Act and the provisions of these Rules and Procedur
es.
B.
Who Is Exempt from
Registering:
1. A person who by virtue
of his or her employment by a public entity does home inspection work for that
agency shall not be required to be registered under this subchapter if the
inspections are conducted:
a. Solely for the
benefit of that entity; and
b. For
no compensation other than the employee's salary.
2. These Rules and Procedures shall not apply
to:
a. Any person holding a valid
registration, certificate, or license issued by the State if the person's
activity is limited to the activity authorized by his or her registration,
certificate, or license;
b. A
person who inspects his or her own home; or
c. A public entity that inspects its
residential units with its own personnel specifically trained for the
inspection.
C.
Reputation & Competency:
The applicant shall be of good moral character, have a good reputation
for honesty, truthfulness, and fair dealing, and be competent to transact the
business of a registered Home Inspector in such a manner as to safeguard the
interests of the public.
D.
Disciplinary History: An applicant shall be in good standing as a
Home Inspector in every jurisdiction where licensed or registered. The
applicant shall not currently have a registration or license which is
suspended, revoked, or surrendered in connection with a disciplinary action or
which is the unresolved subject of discipline in any jurisdiction prior to
applying for registration in Arkansas.
E.
Criminal Record: An
application for registration or renewal may be denied if the applicant has been
convicted, found guilty or pled guilty, regardless of adjudication, in any
jurisdiction of a misdemeanor involving moral turpitude, of any felony, or is
currently adjudicated as being insane. Any plea of nolo contendere shall be
considered a conviction for the purposes of this paragraph. The record of a
conviction, authenticated in such form as to be admissible in evidence under
the laws of the jurisdiction where convicted, shall be admissible as prima
facie evidence of such conviction.
F.
Age: The applicant shall be
at least 18 years old at the time he or she submits his or her
application.
G.
Identification: The Board may require each applicant for
registration to furnish, at his or her expense, a recent passport-type
photograph of him/herself, as well as any other information or form of
identification deemed necessary by the Board.
H.
Education: Any new applicant
shall have graduated from a State-accredited high school or shall have earned a
State-accredited Graduate Equivalent Diploma (GED). The Board may require proof
of the same.
I.
Board
Discretion: Applicants who do not meet all of the requirements and
qualifications of this Section may nevertheless be approved for initial
registration or registration renewal by resolution of the Board. However,
detailed records and an explanation of that action must be made part of that
person's registration records. The Board reserves the right to hold for a
reasonable length of time for investigation, the application of any applicant
before approving an initial or renewal registration.
302
Initial Registration
Procedures
A.
Items Required
from the Initial Applicant (See Section
304) :
1. Initial Application Form
2. Initial Application Fee
3. Liability Insurance Certificate
4. Pre-Registration Education Certificate
(See 304 D2)
5. Competency Examinations
Certificates
B.
Effective Dates and Deadlines: Initial home inspector registrations are
issued on a calendar year basis extending from the date of approval by the
Board through December 31st of each year.
Applications for initial registration must be submitted no less than 5 (five)
State business days prior to the next scheduled meeting of the Board in order
to be considered at that meeting. Applicants are encouraged to contact the
Board office to determine that date.
C.
Reciprocal Agreements With Other
Political Entities: After investigation of home inspector licensure
requirements of other States, the Board may elect to waive the Arkansas
licensure requirement for pre-registration education for an Arkansas applicant
who is licensed as a home inspector (not apprentice) in another State if the
requirements of the other State met or exceeded those of this Board at the
applicant's time of licensure in the other State. Documentation of current
licensure from the other State's home inspection licensing authority is
required as well as a statement declaring that the home inspector is not
suspended or currently under any kind of disciplinary action by the other
State.
303
Registration Renewal Procedures
A.
Notification of Registration Expiration: The Board shall mail a
notice of upcoming registration expiration and a renewal application, to each
currently registered inspector no more than sixty (60) days and no less than
forty-five (45) days before the expiration date of his or her
registration.
B.
Items
Required for Registration Renewal (See Section 304):
1. Renewal Application Form
2. Renewal Application Fee
3. Liability Insurance Certificate
4. Continuing Education Reporting Form &
Documentation
5. Copies of
Inspection Reports if requested by the Board (in accordance with A.C.A. §
17-52-307(a)
C.
Effective
Dates & Renewal Deadlines: Renewed home inspector registrations are
issued on a calendar year basis extending from January 1st through December
31st of each year. All fully completed items
required for registration renewal must be received by the Board not later than
December 1 of the year in which the registration expires. A Delinquent Renewal
Application Fee, as defined in Section
204 D1 above must accompany any
or all items (including corrections) submitted after December 1. At the
December meeting, the Board shall consider the fully completed renewal
applications that were submitted after December 1, but no less than 5 State
business days before the December meeting. Any fully completed renewal
applications received by the Board office after that deadline, and up to and
including December 31, shall not be considered until the first meeting of the
next calendar year. If a fully completed renewal application (meaning all
"Items Required for Registration Renewal" as defined in Section
303 B) is submitted prior to the
expiration of their current license at the end of December 31st, they may
continue to perform inspections until notified otherwise by the Board
D.
Late Renewal: Any applicant
for renewal who has not submitted a fully completed renewal application form to
the Board office on or prior to the date of expiration of their current
registration (December 31st) shall be placed in
Lapsed Status and shall not be authorized to conduct home inspections in the
state of Arkansas until the Board has determined that renewal requirements have
been fully satisfied.
304
Definitions - Items Required for
Registration or Renewal
A.
Application Forms: A properly and fully completed application for
initial registration or renewal must be submitted to the Board office on a form
prescribed by the Board.
1. No person who is
registered under one (1) name as provided in these regulations shall engage in
business as a home inspector under any other name unless the other name(s) is
also included on the most recent application and is also registered.
2. A person applying for registration for the
first time shall have their signature on their application witnessed by a
notary public and attested to thereon.
3. The application shall include but not be
limited to a listing of:
a. All current
licenses held that are issued by an agency of the State of Arkansas;
and
b. All current and past home
inspector licenses issued by an agency of any State government.
B.
Application
Fees: The required registration or registration renewal fee as specified
in Section
204 above shall accompany the
application in the form of a check or money order. Applications received
without the appropriate fee may be returned without action.
C.
Liability Insurance
Requirements
1.
Coverage:
All registered home inspectors must maintain current general liability
insurance in the amount of at least one hundred thousand dollars ($100,000.00)
issued by an insurance company licensed, or surplus lines approved, to do
business in the state of Arkansas.
2.
Reporting: It is the
responsibility of the home inspector to make sure that a certificate of active
general liability insurance coverage, as specified below, and proving coverage
of the home inspector, as defined above, has been physically received by the
Board office on or before the date of expiration of coverage of the previous
certificate/policy. If the latest certificate of general liability insurance on
file with the Board reflects that the policy has expired, the Board shall
notify the home inspector by certified U.S. mail upon such expiration and
concurrently the registration of that home inspector shall be placed in
Suspended Status, as required under A.C.A §
17-52-318(d)(1)
until the home inspector complies with Section
304 C herein. Until such time, it
shall be unlawful for the home inspector to conduct home inspections for a fee
in the state of Arkansas. If such certificate is not received by the Board by
the date of expiration of the previous certificate/policy on file with the
Board, a delinquent renewal fee shall apply as specified in Section
204 D2, and the home inspector
shall be listed on the Board website as Suspended as required under A.C.A
§
17-52-318(d)(2).
3.
Specifications: An original
certificate of insurance must be delivered or mailed to the Board office (fax
or electronic copies are not permitted) which reflects that the applicant, or
registered home inspector, has procured the required general liability
insurance. The certificate must include the following information:
a. Name and address of the insured individual
home inspector (not just his or her company or employer).
b. Name of the insured's agent, agency,
business address, and telephone number.
c. Name of the firm providing the insurance
(the carrier).
d. Amount of each
type of coverage being provided.
e.
The insurance policy number.
f. The
"Arkansas Home Inspector Registration Board, P.O. Box 251911, Little Rock, AR
72225" must be named as the certificate holder.
g. The beginning and ending dates of the
coverage.
h. Signature of the
issuing agent.
D.
Pre-Registration Education:
1.
Requirements: The first-time
applicant shall submit documents with the application attesting to the
successful passage of a Board approved comprehensive pre-registration home
inspector education curriculum consisting of no less than eighty (80) hours of
classroom/on-site instruction taken within the 12 months preceding the date of
receipt of their completed application for registration, and where all course
modules or topics are taken during one continuous period.
2.
Exemptions: The following
persons shall be exempt from the pre-registration education requirements for
initial registration, but not from the requirements concerning the competency
examinations. Appropriate verifiable documentation of all exemption criteria is
required.
a. City inspectors currently
certified by the International Code Council; and
b. Applicants who hold a current Residential
Contractor's license and have been licensed as a contractor for ten (10) years
prior to their date of application to become registered as a home
inspector.
c. Applicants who are
currently licensed to independently perform home inspections in another state
and are in good standing in that state where:
1) A comprehensive course in home inspection
of no less than eighty (80) hours of classroom/on-site instruction was required
and completed at the time of licensure.
2) The licensing entity from the other state
provides a letter attesting to the licensing level and disciplinary status of
the home inspector.
E.
Competency Examinations: The
first-time applicant shall submit documents with the application attesting to
the successful passage of the following examinations, which must be taken in
person at a facility designated by each of the organizations providing the
examinations:
1. The current version of the
National Home Inspector Examination (NHIE) as provided by the
Examination Board of Professional Home Inspectors, Inc. (http://homeinspectionexam.org);
and
2. The current version of the
Standards and Ethics Examination as provided by the American
Society of Home Inspectors® (http://ashi.com).
F.
Continuing Education Credit
Reporting Form: The Board Continuing Education Credit (CEC) Reporting
Form shall be completed in its entirety to list Board-approved completed
courses and that are being submitted for continuing education credit. It shall
be submitted along with certificates of completion from the provider(s) of the
education along with the inspector's registration renewal application each
year. Copies of the CEC Form, certificates, and other documents which
substantiate the continuing education hours submitted to the Board shall be
retained by the inspector for at least 2 years after submission.
G.
Inspection Reports: As
stated in A.C.A §
17-52-307,
as part of an investigation or as a condition of renewal, the Board may require
an inspector to submit inspection reports and other documents to be reviewed by
the Board. Further, requests by the Board for copies of inspection reports
shall supersede any contract of client privacy or confidentiality, whether
written or oral.
305
Continuing Education:
A.
General Requirements:
1. As a condition
of annual registration renewal, each home inspector who will have been
registered for twelve (12) months or more upon expiration of their current
registration shall have completed continuing education coursework as specified
herein.
2. The Board must approve
all courses prior to presentation in order for each to qualify for submission
for continuing education credit. It is the sole responsibility of the home
inspector to verify that any course is currently approved for credit by the
Board at the time it is taken. This can be accomplished by referencing the web
site of the Board at www.ahib.org or
by telephoning the Board office at (501) 683-3710.
3. Each course must be completed in its
entirety by the registrant in order for any of the course credit hours to be
eligible for home inspector continuing education credit.
4. An inspector can claim continuing
education credits for a given course only once within two consecutive training
years, even if he or she has successfully completed the course multiple
times.
5. Upon appropriate showing
of a bona fide health or other hardship, the Board may consider and grant an
individual exception to the continuing education requirements.
a. Loss of income resulting from cancellation
of a license is not a bona fide hardship.
b. Requests for exceptions shall be submitted
in writing not less than sixty days prior to the date of license renewal and
shall include an explanation and verifiable documentation of the
hardship.
6. Submission
of a Continuing Education Credit Claim Form whose content cannot be
substantiated may be the basis for denial of the requested credit, denial of
registration renewal, or other disciplinary action by the Board.
B.
Annual Hours Required:
Fourteen (14) hours of continuing education coursework shall be
completed to fulfill annual registration renewal requirements as follows:
1.
Classroom Courses:
a. At least eight (8) hours of coursework
must be completed in person by the home inspector with a Board approved
instructor teaching the course face-to-face.
b. Classroom coursework must be completed
during the 24 months preceding the first day of the home inspector's next
Board-approved registration period.
c. Continuing education classroom course
credit may also be achieved by completing individual modules of a
Board-approved comprehensive pre-registration classroom curriculum if
allowed/offered by the provider of such curriculum.
d. Continuing education classroom course
credit may also be achieved by the home inspector if he/she is in an
instructional setting that permits live real-time communication and interaction
with an instructor who is not face-to-face with the inspector, provided however
that the Board has approved the specific method whereby student attendance
and/or testing at the specific offering can be verified.
2.
Distance Learning Courses:
a. No more than six (6) hours of completed
coursework may be submitted for registration renewal credit that is completed
by written correspondence or through any means where the home inspector does
not have the ability to communicate/interact with the instructor in a live
real-time setting.
b. This
coursework must be completed during the 12 months preceding the first day of
the home inspector's next Board-approved registration period.
C.
Course
Content Required:
1. Effective December
1, 2018, all home inspectors who will have been registered for at least sixty
(60) months preceding their next effective date of renewal shall have completed
at least two (2) hours of Board-approved continuing education in each of the
following core subject areas during the preceding forty-eight (48) months:
a. Structural Systems
b. Exterior
c. Roofing
d. Plumbing
e. Electrical
f. Heating
g. Air Conditioning
h. Interiors
i. Insulation and Ventilation
j. Fireplaces and Solid Fuel Burning
Appliances
k. The Standards of
Practice and Code of Ethics
m.
Report Writing
2.
Effective with those continuing education courses approved by the Board to be
offered beginning January 1, 2015, the Board shall designate which core subject
area that each course fulfills, and shall list the same with each approved
course on the Board website.
3.
Effective with the renewal of home inspector registrations for the 2016
calendar year, the Board staff shall provide the Board with a report of each
home inspector's continuing education record reflecting fulfillment of course
content requirements whenever an individual home inspector's registration is
being reviewed by the Board for any reason. Such report shall be transmitted to
the home inspector annually with their notice of renewal.
306
Certificates of
Registration: Certificates of registration shall be issued to an
applicant after compliance with the registration or renewal requirements of
this section. No registration or renewal of registration will be issued if any
the requirements in this section are not fully complied with.
A. Certificates shall be consecutively
numbered. The number shall be preceded with a "HI-" prefix and the numbers
assigned shall be an extension of the series started when registration of home
inspectors began in Arkansas in 1997. Numbers shall be unique to individual
inspectors. When a registration is renewed, or reinstated, that inspector's
previous registration number shall be used again for that inspector. No number
shall be reassigned to another inspector.
B. Certificates of registration of a home
inspector shall be issued for a period of at least one (1) year.
C. Registration certificates shall be
maintained in sound, fully legible condition and shall be replaced as
necessary. The inspector shall have his registration certificate with him at
the inspection site and shall present it to anyone who may request to see
it.
307
Changes
in Registration Data: Persons who are registered or who have an
application of any kind pending before the Board are responsible for notifying
the Board of any changes in information provided on their application. Changes
shall be submitted on the appropriate Board form (available at
www.ahib.org) not later than two weeks
after the change becomes effective.
308
Registration Status: The
status of the registration of Home Inspectors shall be classified as follows:
A.
Good Standing - The status of
a home inspector whose registration has been approved by the Board and is under
no restriction by law, regulation, or Board action.
B.
Inactive - The status of a
home inspector who has voluntarily submitted the appropriate application and
fees to temporarily discontinue the practice of home inspection.
1. A home inspector whose registration is in
good standing may place his or her registration in an inactive status at any
time. The request for inactive status shall be submitted on a form prescribed
by the Board.
2. Continuation of
Inactive Status requires renewal of that status with the Board and payment of
the Inactive Status Renewal fee annually unless the Inactive inspector wishes
to reactivate their registration, in which case there are other requirements
for reactivation as stated in Section
309 A. The Board will mail
renewal notifications to the last address provided by the inactive inspector at
the same time it notifies Inspectors in Good Standing of their renewal
requirement.
3. The Board shall
have the authority by a majority vote to waive or modify these renewal
requirements based on a written appeal to the Board by the inactive inspector.
A written description of the actions taken by the Board on any such waiver or
modification shall be signed by the Board chairman and made a permanent part of
the inspector's registration file.
4. Inactive inspectors must reactivate their
registration before they are eligible to again conduct home inspections in
Arkansas.
5. A home inspector may
place his or her registration in Inactive Status following suspension due to
failure to provide proof of general liability insurance provided that:
a. The insurance was not renewed, and
b. The inspector submits an
original Board Attestation of Abstinence Form whereupon the individual swears
that he or she has not conducted home inspections since the day after
expiration of their previous general liability insurance policy, and
c. The inspector pays the Delinquent
Certificate of Insurance Fee as specified in Section
204 D2.
C.
Lapsed - The
status of a home inspector who has failed to renew their registration on or
prior to its expiration date.
D.
Pending - The status of an individual who has submitted the
appropriate documentation and fees to be considered by the Board for initial,
renewal, or reactivation of registration.
E.
Revoked - The status of a
home inspector who has been directed by the Board to permanently discontinue
the practice of home inspection.
F.
Surrendered - The status of a home inspector who notifies the
Board that he or she will no longer be conducting home inspections prior to the
expiration date of their registration.
G.
Suspended - The status of a
home inspector who has by law, regulation, or Board action been directed to
temporarily discontinue the practice of home inspection.
H.
Unregistered - The status of
an individual who is conducting home inspections as defined herein, or
offering, or advertising to do the same without being registered by the
Board.
309
Registration Reactivation Procedures
A.
General Registration Reactivation: All registered home inspectors
whose registration is not in Good Standing Status and who desire to reactivate
their home inspector registration to Good Standing Status shall submit the
items enumerated below to the Board. However, those individuals whose
registration has been suspended for failure to submit proof of current general
liability insurance shall follow procedures as enumerated in Section 309E
below. All items must be submitted to the Board at least 30 days prior to the
next regularly scheduled meeting of the Board in order to be considered at that
meeting.
1. A properly completed application
for renewal of registration.
2. The
Registration Renewal fee, as defined in Section
204.
3. The Delinquent Renewal Application Fee, as
defined in Section
204, unless reactivating a
registration on Inactive Status.
4.
The Board Attestation of Abstinence Form, whereupon the individual swears that
he or she has not conducted home inspections from the date their registration
was no longer in Good Standing until the date of receipt of the application for
renewal.
5. Complete and exact
printed copies of the last three home inspection reports which were delivered
to clients while in Good Standing. Upon receipt of the these fully completed
items, designated members of the Board shall review the inspection reports
submitted to determine if the reports are in substantial compliance with the
Standards of Practice. If the reports do not comply with the Standards of
Practice, the Board may take appropriate action in accordance with 601
below.
6. Proof of having completed
continuing education which has been approved by the Board during the period
when his or her registration was not in Good Standing as follows:
a. 14 hours for the calendar year for which
the reactivation is requested, and
b. 7 hours for each calendar year (or portion
thereof) prior to the calendar year for which reactivation is
requested.
c. Continuing education
credit submitted to reactivate a registration may be earned in one lump sum
immediately prior to reactivation, or may be earned over the entire time period
while not in Good Standing. Regardless, all such credit requested shall conform
to the same proportions of classroom vs distance learning credit for Annual
Hours Required, and shall also fulfill all requirements for Course Content
Required. For the purpose of registration reactivation, and in the event of a
reasonable hardship, the Board may grant minor variance in the proportions of
classroom vs. distance learning credit, and the Course Content
Required.
B.
Chronology: Upon receipt of all items required above, the Board
staff shall prepare a concise summary in chronological order of the history of
the events whereby the applicant's Good Standing Status was discontinued. Said
summary shall be available for review by the Board at the meeting where the
reactivation shall be considered.
C.
Burden of Proof: The
applicant shall bear the burden of proof that they are rehabilitated following
the suspension, surrender, or revocation of their registration, that they can
engage in the conduct authorized by the registration without undue risk to the
public health, safety and welfare, and that they are otherwise qualified for
the license pursuant to A.C.A. §
17-52-301 et
seq.
D.
Conditions of
Reinstatement: The Board may impose any appropriate conditions or
limitations on a reinstatement to protect the public health, safety and
welfare, and or may require that the person seeking reinstatement sit for and
successfully complete the competency examination.
E.
Registration Reactivation Following
Suspension for Failure to Submit Proof of Insurance:
1. All individuals whose registration has
been placed on Suspended Status due to failure to submit proof of current
general liability insurance to the Board office in accordance with these
regulations shall cause such proof to be delivered to the Board office. The
Board staff shall notify the registrant of receipt of such proof by no later
than the end of the business day following receipt. Upon such notification, the
registrant shall submit an original Board Attestation of Abstinence Form
whereupon the individual swears that he or she has not conducted home
inspections from the day after expiration of their previous general liability
insurance policy until the date of receipt of the new certificate of current
general liability insurance coverage. Such form shall be accompanied by the
appropriate Delinquent Certificate of Insurance Fee as specified in Section
204 D2. Upon receipt of the
original Attestation of Abstinence Form and Delinquent Certificate of Insurance
Fee, the Board staff shall concurrently notify the registrant by telephone and
standard mail that his or her registration has been returned to Good Standing
Status.
400 The Practice of Home Inspection in Arkansas
401
Standards of
Practice
401.1
Introduction:
These Standards of Practice shall be followed and complied with by
registered home inspectors in Arkansas. Any Arkansas law which conflicts with
the Standards of Practice, shall take precedence. Underlined terms are defined
within Section
401.14 - Standards of Practice
Glossary.
401.2
Purpose and
Scope
1 The purpose of these Standards
of Practice is to establish a minimum and uniform standard for home
inspectors
who subscribe to these
Standards of Practice. Home Inspections
performed to these Standards of Practice are intended to provide the
client with objective information regarding the condition of the
systems
and
components
of the home as inspected
at the time of the home inspection.
Redundancy in the description of the requirements, limitations, and exclusions
regarding the scope of the home inspection is provided for emphasis
only.
2
Inspectors
shall:
A. adhere to the Code of Ethics of the
Arkansas Home Inspector Registration Board as set forth in Section
402 of these Rules and
Procedures.
B.
inspect readily accessible, visually
observable, installed systems and
components
listed in these Standards
of Practice. The inspector must strive to inspect these components and not
arbitrarily determine them to be inaccessible.
C.
report:
1. those
systems
and
components inspected
that, in the
professional judgment of the
inspector, are not functioning
properly, are significantly deficient, are
unsafe, or are near the end of their
service lives. The inspector is not to consider 'near the end of
service life' as a reason not to inspect systems and
components.
2. recommendations to
correct, or monitor for future correction, the deficiencies
reported
in 401.2.2.C.1, or items
needing further evaluation. (Per
Exclusion 401.13.2.A.5 inspectors
are
NOT required to determine methods, materials, or costs of
corrections.)
3. reasoning or
explanation as to the nature of the deficiencies
reported
in 401.2.2.C.1, that are not
self-evident.
4.
systems
and
components
designated for inspection
in these Standards of Practice that were present at the time of the
home inspection
but were not
inspected
and the reason(s) they were
not inspected.
3 These Standards of Practice are
not intended to limit inspectors
from:
A. including other inspection
services or systems
and
components in addition to those
required In Section
401.2.2.B.
B. designing or specifying
repairs, provided the inspector
is
appropriately qualified and willing to do so.
C. excluding
systems
and
components
from the inspection if
requested by the client.
401.3
Structural Components
1 The
inspector
shall
A.
inspect
1. the structural
components
including the foundation and
framing.
2. by probing a
representative number
of
structural components
where
deterioration is suspected or where clear indications of possible deterioration
exist. Probing is NOT required when probing would damage any finished surface
or where no deterioration is visible or presumed to exist.
3. the readily accessible attic space
regardless of whether or not it is floored unless adverse conditions
exist.
B.
describe
1. the methods used to
inspect under-floor crawl space
and
attics.
2. the
foundation.
3. the floor
structure.
4. the wall
structure.
5. the ceiling
structure.
6. the roof
structure.
2
The inspector
is NOT required to
A. provide any
engineering
or architectural service
or analysis.
B. offer an opinion as
to the adequacy of any structural system
or component
C. enter under-floor
crawl space
areas that have less than 24 inches of
vertical clearance between components and the ground or that
have an access opening smaller than 16 inches by 24 inches.
401.4
Exterior
1 The
inspector
shall:
A.
inspect:
1.
siding, flashing and trim.
2. all exterior doors.
3. attached or adjacent decks, balconies,
stoops, steps, porches, and their associated railings.
4. eaves, soffits, and fascias where
accessible from the ground level.
5. vegetation, grading, surface drainage, and
retaining walls that are likely to adversely affect the building.
6. adjacent or entryway walkways, patios, and
driveways.
B.
describe
:
1.
siding.
2 The
inspector
is NOT required to
inspect:
A. screening, shutters, awnings, and similar
seasonal accessories.
B.
fences.
C. geological and/or soil
conditions.
D.
recreational facilities.
E. outbuildings other than garages and
carports.
F. seawalls, break-walls,
and docks.
G. erosion control and
earth stabilization measures.
401.5
Roofing
1 The
inspector
shall:
A.
inspect:
1. roofing materials.
2. flashing.
3. skylights, chimneys, and roof
penetrations.
B.
describe:
1. roofing materials.
2. methods used to
inspect
the roofing.
2 The
inspector
is NOT required to
inspect:
A. antennae.
B. interiors of flues or chimneys that are
not readily accessible.
C. other
installed
accessories.
3 Roofs that are of a pitch less
than 6 to 12 must be inspected by walking on them unless adverse conditions
exist. Roofs that are of a pitch equal to or greater than 6 to 12 may be
inspected by viewing them at least from eave level if eaves are safely
accessible with a 12' ladder used according to manufacturer's
instructions.
401.6
Plumbing
1 The inspector
shall:
A.
inspect:
1. interior water supply and distribution
systems including all fixtures and faucets.
2. drain, waste and vent systems
including all fixtures.
3.
water heating equipment and hot water supply system.
4. vent systems , flues, and
chimneys.
5. fuel storage and fuel
distribution systems.
6. drainage sumps, sump pumps, and related
piping.
B.
describe :
1. water supply,
drain, waste, and vent piping materials.
2. water heating equipment including energy
source(s).
3. location of main
water and main fuel shut-off valves.
2 The
inspector
is NOT required to:
A.
inspect::
1. clothes washing machine
connections.
2. interiors of flues
or chimneys that are not readily
accessible.
3. wells, well pumps, or water storage
related equipment.
4. water
conditioning systems.
5. solar water heating
systems.
6. fire and lawn sprinkler
systems.
7. private waste disposal
systems.
B. determine:
1. whether water supply and waste disposal
systems
are public or
private.
2. water supply quantity
or quality.
C. operate
automatic safety controls
or manual
stop valves
401.7
Electrical
1 The
inspector
shall:
A.
inspect
:
1. service drop.
2. service entrance conductors, cables, and
raceways.
3. service equipment and
main disconnects.
4. service
grounding.
5. interior
components of service panels and sub panels.
6. conductors.
7. overcurrent protection devices.
8. a representative
number
of installed
lighting fixtures, switches, and receptacles.
9. ground fault circuit
interrupters.
B.
describe:
1. amperage and voltage rating of the
service.
2. the location of main
disconnect(s) and sub panels.
3.
presence of solid conductor aluminum branch circuit wiring.
4. presence or absence of smoke
detectors.
5.
wiring
methods.
2 The
inspector
is NOT required to:
A.
inspect
:
1. remote control devices.
2.
alarm
systems
and
components.
3. low voltage wiring
systems
and
components.
4. ancillary wiring
systems
and
components
not a part of the primary
electrical power distribution
system.
B. measure amperage, voltage or
impedance.
401.8
Heating
1 The
inspector
shall:
A. open readily openable
access panels.
B.
inspect:
1.
installed
heating equipment.
2. vent
systems, flues, and
chimneys.
C.
describe:
1. energy source(s).
2. heating
systems.
2 The
inspector
is NOT required to:
A.
inspect:
1. interiors of flues or chimneys that are
not readily accessible.
2. heat exchangers.
3. humidifiers or dehumidifiers.
4. electronic air filters.
5. solar space heating
systems.
B. determine heat supply adequacy or
distribution balance
401.9
Air Conditioning
1 The
inspector
shall:
A. open readily openable
access panels.
B.
inspect:
1. central and through-wall
equipment.
2. distribution
systems.
C.
describe:
1. energy source(s).
2. cooling
systems.
2 The
inspector
is NOT required to:
A.
inspect
electronic air filters.
B.
determine cooling supply adequacy or distribution balance.
C.
inspect
window air conditioning units
401.10
Interiors
1 The
inspector
shall
inspect
:
A. walls, ceilings, and floors.
B. steps, stairways, and railings.
C. countertops and a
representative number
of
installed
cabinets.
D. a representative
number
of doors and windows.
E. garage doors and garage door
operators.
2 The
inspector
is NOT required to
inspect:
A. paint, wallpaper, and other finish
treatments.
B. carpeting.
C. window treatments.
D. central vacuum
systems.
E.
household
appliances.
F.
recreational
facilities.
401.11
Insulation and
Ventilation
1 The
inspector
shall:
A.
inspect:
1. insulation and vapor retarders in
unfinished spaces.
2. ventilation
of attics and foundation areas.
3.
mechanical ventilation
systems.
B.
describe:
1. insulation and vapor retarders in
unfinished spaces.
2. absence of
insulation in unfinished spaces at conditioned surfaces.
2 The
inspector
is NOT required to disturb
insulation.
401.12
Fireplaces and Solid Fuel Burning Appliances
1 The
inspector
shall:
A.
inspect:
1.
system
components.
2. chimney and vents.
B.
describe:
1. fireplaces and solid
fuel burning appliances.
2. chimneys.
2 The
inspector
is NOT required to:
A.
inspect:
1. interiors of flues or chimneys.
2. firescreens and doors.
3. seals and gaskets.
4. automatic fuel feed devices.
5. mantles and fireplace surrounds.
6. combustion make-up air devices.
7. heat distribution assists (gravity fed and
fan assisted).
B. ignite
or extinguish fires.
C. determine
draft characteristics.
D. move
fireplace inserts and stoves or firebox contents
401.13
General Limitations
& Exclusions
1 General limitations:
A. The inspector is NOT
required to perform any action or make any determination not specifically
stated in these Standards of Practice
B. Inspections performed in accordance with
these Standards of Practice
1. are not
technically exhaustive.
2. are not required to identify concealed
conditions, latent defects, or consequential damage(s)
C. These Standards of Practice are applicable
to buildings with four or fewer dwelling units and their garages or
carports.
2 General
exclusions:
A. Inspectors are NOT required to
determine:
1. conditions of systems or
components which are not readily accessible
2. remaining life expectancy of any system or
component
3. strength, adequacy,
effectiveness, or efficiency of any system or component
4. the causes of any condition or
deficiency
5. methods, materials,
or costs of corrections
6. future
conditions including, but not limited to, failure of systems and
components
7. the suitability of
the property for any specialized use
8. compliance with regulatory requirements
(codes, regulations, laws, ordinances, etc.)
9. market value of the property or its
marketability
10. the advisability
of purchase of the property
11. the
presence of potentially hazardous plants or animals including, but not limited
to, wood destroying organisms or diseases harmful to humans including molds or
mold like substances
12. the
presence of any environmental hazards including, but not limited to, toxins,
carcinogens, noise, and contaminants in soil, water, and air.
13. the effectiveness of any system installed
or method utilized to control or remove suspected hazardous
substances
14. operating costs of
systems or components
15.
acoustical properties of any system or component
16. soil conditions relating to geotechnical
or hydrologic specialties
B. Inspectors are NOT required to offer:
1. or perform any act or service contrary to
law
2. or perform engineering
services
3. or perform any trade or
any professional service other than home
4. warranties or guarantees of any
kind
C. Inspectors are
NOT required to operate:
1. any system or
component which is shut down or otherwise inoperable
2. any system or component which does not
respond to normal operating controls
3. shut-off valves or manual stop
valves
D. Inspectors are
NOT required to enter:
1. any area which will,
in the opinion of the inspector, likely be dangerous to the inspector or other
persons or damage the property or its systems or components
2. under-floor crawl spaces or attics which
are not readily accessible
E. Inspectors are NOT required to inspect:
1. underground items including, but not
limited to underground storage tanks or other underground indications of their
presence, whether abandoned or active
2. items which are not installed
3. installed decorative items
4. items in areas which are not entered in
accordance with 401.13.2.D
5.
detached structures other than garages and carports
6. common elements or common areas in
multi-unit housing, such as condominium properties or cooperative
housing
F. Inspectors
are NOT required to:
1. perform any procedure
or operation which will, in the opinion of the inspector, likely be dangerous
to the inspector or other persons or damage the property or its systems or
components
2. describe or report on
any system or component which is not included in these standards and was not
inspected.
3. move personal
property, furniture, equipment, plants, soil, snow, ice, or debris.
4. dismantle any system or component, except
as explicitly required by these Standards of Practice.
401.14
Standards
of Practice Glossary
Alarm Systems
Warning devices installed or free-standing including, but not limited to smoke detectors, carbon monoxide detectors, flue gas and other spillage detectors, security equipment.
Automatic Safety Controls
Devices designed and installed to protect systems and components from unsafe conditions.
Component
A part of a system.
Decorative
Ornamental; not required for the proper operation of the essential systems and components of a home.
Describe
To identify (in writing) a system or component by its type or other distinguishing characteristics.
Dismantle
To take apart or remove any component, device or piece of equipment that would not be taken apart or removed by a homeowner in the course of normal maintenance.
Engineering
The application of scientific knowledge for the design, control or use of building of structures, equipment or apparatus.
Further Evaluation
Examination and analysis by a qualified professional, tradesman or service technician beyond that provided by the home inspection.
Home Inspection
The process by which an inspector visually examines the readily accessible systems and components of a home and which describes those systems and components in accordance with these Standards of Practice.
Household Appliances
Kitchen, laundry, and similar appliances, whether installed or free-standing.
Inspect
To examine any system or component of a building in accordance with these Standards of Practice, using normal operating controls and opening readily openable access panels.
Inspector
A person hired to examine any system or component of a building in accordance with these Standards of Practice.
Installed
Attached such that removal requires tools.
Normal Operating Controls
Devices such as thermostats, switches or valves intended to be operated by the homeowner.
Readily Accessible
Available for visual inspection without requiring moving of personal property, dismantling, destructive measures, or any action which will likely involve risk to persons or property.
Readily Openable Access Panel
A panel provided for homeowner inspection and maintenance that is readily accessible, within normal reach, can be removed by one person, and is not sealed in place.
Recreational Facilities
Spas, saunas, steam baths, swimming pools, exercise, entertainment, athletic, playground or other similar equipment and associated accessories.
Report
Communicate in writing.
Representative Number
One component per room for multiple similar interior components such as windows and electric outlets; one component on each side of the building for multiple similar exterior components.
Roof Drainage Systems
Components used to carry water off a roof and away from a building.
Shut Down
A state in which a system or component cannot be operated by normal operating controls.
Siding
Exterior wall covering and cladding; such as: Aluminum, Asphalt, Brick, Cement/Asbestos, EIFS, Stone, Stucco, Veneer, Vinyl, Wood, etc.
Solid Fuel Burning Appliances
A hearth and fire chamber or similar prepared place in which a fire may be built and which is built in conjunction with a chimney; or a listed assembly of a fire chamber, its chimney and related factory-made parts designed for unit assembly without requiring field construction.
Structural Component
A component which supports non-variable forces or weights (dead loads) and variable forces or weights (live loads).
System
A combination of interacting or interdependent components, assembled to carry out one or more functions.
Technically Exhaustive
An investigation that involves dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means.
Under-floor Crawl Space
The area within the confines of the foundation and between the ground and the underside of the floor.
Unsafe
A condition in a readily accessible, installed system or component which is judged to be a significant risk of personal injury during normal, day-to-day use; the risk may be due to damage, deterioration, improper installation, or a change in accepted residential construction standards.
Wiring Methods
Identification of electrical conductors or wires by their general type, such as "non-metallic sheathed cable" ("Romex"), "armored cable" ("bx") or "knob and tube," etc.
402
Code of Ethics: This Code
of Ethics shall be followed and complied with by registered home inspectors in
Arkansas. Any Arkansas law which conflicts with this Code of Ethics, shall take
precedence.
1. Inspectors shall avoid
conflicts of interest or activities that compromise, or appear to compromise,
professional independence, objectivity, or inspection integrity.
A. Inspectors shall not inspect properties
for compensation in which they have, or expect to have, a financial
interest.
B. Inspectors shall not
inspect properties under contingent arrangements whereby any compensation or
future referrals are dependent on reported findings or on the sale of a
property.
C. Inspectors shall not
directly or indirectly compensate realty agents, or other parties having a
financial interest in closing or settlement of real estate transactions, for
the referral of inspections or for inclusion on a list of recommended
inspectors, preferred providers, or similar arrangements.
D. Inspectors shall not receive compensation
for an inspection from more than one party unless agreed to by the
client(s).
E. Inspectors shall not
accept compensation, directly or indirectly, for recommending contractors,
services, or products to inspection clients or other parties having an interest
in inspected properties.
F.
Inspectors shall not repair, replace, or upgrade, for compensation, systems or
components covered by the Standards of Practice, for one year after the
inspection.
2.
Inspectors shall act in good faith toward each client and other interested
parties.
A. Inspectors shall perform services
and express opinions based on genuine conviction and only within their areas of
education, training, or experience.
B. Inspectors shall be objective in their
reporting and not knowingly understate or overstate the significance of
reported conditions.
C. Inspectors
shall not disclose inspection results or client information without client
approval. Inspectors, at their discretion, may disclose observed immediate
safety hazards to occupants exposed to such hazards, when feasible.
3. Inspectors shall avoid
activities that may harm the public, discredit themselves, or reduce public
confidence in the profession.
A. Advertising,
marketing, and promotion of inspectors' services or qualifications shall not be
fraudulent, false, deceptive, or misleading.
B. Inspectors shall report substantive and
willful violations of this Code to the Board.
4. A.C.A. §
17-52-321
states:
(a) It is an unfair business practice
for a home inspector, a company that employs the inspector, or a company that
has a financial interest in a company employing a home inspector to do any of
the following:
(1) Perform or offer to perform
for an additional fee any repairs to the property on which the inspector or the
inspector's company has prepared a home inspection report in the past twelve
(12) months;
(2) Inspect for a fee
any property in which the inspector or the inspector's company has any
financial interest or any interest in the transfer of the property;
(3) Offer or deliver any compensation,
inducement, or reward to the owner of the inspected property, the broker, or
the agent for the referral of any business to the inspector or the inspection
company; or
(4) Accept an
engagement to make an inspection or to prepare a report in which the employment
itself or the fee payable for the inspection is contingent upon the conclusions
in the report, pre-established findings, or the close of escrow.
(b)
(1) A home inspection report shall not be
used in any manner other than that agreed to in writing by the inspector and
his or her client.
(2) Transfer of
an inspection report or portion of a report to any third party absolves the
inspector and his or her client of any responsibility for liability for claims
or adverse actions arising from the use.
403
Home Inspection
Reports:
A.
Identification:
All written or electronic home inspection reports presented to clients
shall prominently contain:
1. The printed
name, registration number, mailing address, and phone number of the home
inspector; 2 The date of the inspection;
3. The full physical address of the inspected
property; and
4. The name of the
client.
B.
Content: All written or electronic home inspection reports
presented to clients shall, at a minimum, list each and every item required to
be inspected by the Standards of Practice. Each such item shall be displayed in
the report in a manner which indicates that the item has or has not been
inspected, along with any reason for not having been inspected. Any other item
listed in the report which is not required to be inspected by the Standards of
Practice shall also be displayed in a manner which indicates that the item has
or has not been inspected, or that the item is not present in the home. The
requirements of this Section (403B) shall become effective 90 days after the
effective date of the first version of these Rules and Procedures implemented
after March 19, 2014, after which this sentence shall be removed.
C.
Retention: The home inspector
shall retain an exact copy of all home inspection reports presented to clients
for a period of at least one (1) year following the date of the inspection.
500 Complaint Process: Upon its own motion or upon consideration of a complaint submitted in accordance with the procedure set forth herein, the Board may take action against persons holding themselves out to be home inspectors in Arkansas whether or not those persons are or were properly registered as home inspectors in the state. The authority to do so is A.C.A. § 17-52-302(3) and 17-52-306(4). If multiple complaints have been received pertaining to a given person, they may be combined into one Board action.
501
Procedure for Complaints Against Registered Home Inspectors: The
board will consider a complaint against a home inspector provided the following
have been complied with:
A. Before submitting
a complaint to the Board, the complainant shall contact the inspector involved
in writing, clearly stating the specific complaint and the remedy desired.
1. Before any modification or repairs are
made to the conditions giving rise to the complaint, the inspector shall be
given reasonable opportunity to view and discuss those conditions with the
complainant. When the nature of those conditions are such as to present an
unsafe condition or when failure to act will cause further damage, the
complainant should so advise the inspector and may make any minimal changes
needed to protect life and preserve and protect the property.
2. Should the process in 501.A.1 fail to
produce a mutually agreeable resolution of the complaint, the aggrieved may
submit a complaint to the Board.
B. Complaints shall be submitted on a board
prescribed form. All instructions on the form must be complied with. Upon
receipt of an initial complaint:
1. The Board
shall acknowledge to the complainant in writing that their complaint has been
received.
2. If a vague or
incomplete complaint is received, the Board may notify the complainant that
additional information is needed and may hold the complaint without further
action until the shortcomings of the complaint submission are resolved to the
satisfaction of the Board.
C. Once the complaint is properly completed,
the Board shall send a letter of notification, along with a copy of the
complaint, to the inspector involved, at his or her last known address
informing him or her that the complaint has been received, and directing him or
her to respond to the Board within fourteen (14) calendar days of the date on
the notification letter.
D. Should
the parties to a complaint reach resolution of the complaint prior to final
action by the Board, the complainant shall notify the Board in writing. The
notification shall include a description of the resolution. Such resolution may
be cause for the Board to cease any further action on the complaint. However,
the Board may pursue discipline under Section
600 below.
502
Procedure for Complaints Against
Persons Not Registered:
A. Anyone who
is aware of a person holding himself out to be a home inspector in Arkansas who
is not properly registered may file a complaint against that person on the
appropriate Board form. Upon receipt of such a complaint, the Board or its
representative will:
1. Acknowledge receipt of
the complaint in writing to the person filing it.
2. Determine whether the Board holds any
record of the alleged offender ever having applied for registration or having
been registered.
3. Conduct other
investigation of the circumstances described in the complaint as needed to
support or disprove that a violation of the Registration Act has
occurred.
B. Based upon
the information developed in their investigation, the Board may:
1. Dismiss the complaint.
2. Issue a Cease and Desist letter to the
offender.
3. Choose to conduct a
hearing under the provisions of the Arkansas Administrative Procedures Act and
these rules.
C. When
action regarding a complaint has been completed, the person filling the
complaint shall be notified in writing of the action taken.
600 Disciplinary Process: Pursuant to A.C.A. § 17-52-301 et seq., the Board is granted disciplinary powers. The Board shall exercise those powers judiciously and consistent with the purpose and responsibilities of the Board.
601
Grounds for Disciplinary Action: The Board may, upon its own motion or
upon written complaint of any person, and after notice and hearing as
prescribed by the Administrative Procedures Act, suspend or revoke the
registration of any registered home inspector, place the inspector on probation
contingent upon specified acts or conditions and/or issue a fine up to the
amount of $1,000 per occurrence for:
A.
Violation of any provision of A.C.A. §
17-52-301
et seq. or any of these rules.
B. Falsifying any application for
registration or otherwise providing any false information to the
Board.
C. Conviction in any
jurisdiction of any misdemeanor involving moral turpitude or of any felony. A
plea of nolo contendere or no contest shall be considered a conviction for the
purposes of this section.
D. Any
actions demonstrating un-trustworthiness, incompetence, dishonesty, gross
negligence, material misrepresentation, fraud or unethical conduct in any
dealings subject to A.C.A. §
17-52-301
et seq.;
E.
Adjudication of insanity;
F. Use of
advertising or solicitation which is false, misleading, or is otherwise deemed
unprofessional by the Board;
G.
Employing directly or indirectly any unregistered person to perform any actions
subject to regulation unless under the direct supervision of a properly
registered home inspector.
H.
Habitual or excessive use of intoxicants or illegal drugs;
J. Failure to meet continuing education
requirements within the proper time period.
K. Failure to complete inspection reports
which are in substantial compliance with the Standards of Practice or failure
to comply with the Code of Ethics.
602
Emergency Action:
A. Emergency Notice of Hearing: If the Board
finds that the public health, safety, or welfare imperatively requires
emergency action and incorporates that finding in its order, the Board can
summarily suspend, limit, or restrict a registration. The notice requirement in
Section 601 does not apply and shall not
be construed to prevent a hearing at the earliest time practicable.
B. Emergency Order: An emergency adjudicative
order shall contain findings that the public health, safety and welfare
imperatively require emergency action and the action taken by the Board. The
written order shall include notification of the date on which Board proceedings
are scheduled for completion.
1. Written
Notice: The written emergency adjudicative order shall be immediately delivered
to persons who are required to comply with the order by utilizing one or more
of the following procedures:
a. Personal
delivery;
b. Certified mail, return
receipt requested to the last address on file with the Board;
c. First class mail to the last address on
file with the Board;
d. Fax
(electronic facsimile transmission) may be used as the sole method of delivery
if the person required to comply with the order has filed a written request
that Board orders be sent by fax and has provided a fax number for that
purpose.
603
Public Notice of Disciplinary
Action: In those instances where the Board suspends or revokes a
registration, notice of such action shall be published on the Board's Internet
site. Notice may also be sent to appropriate publications which will
communicate those actions to potential participants in a residential real
estate transaction. If a registration is revoked, notice shall be sent to any
Arkansas State Board or Commission where such individual is currently
licensed.
700 Home Inspector Education Providers: Any and all organizations or business entities desiring to obtain, or currently having, pre-registration or continuing education accreditation from the Board, shall comply with the requirements of this Section. Only home inspector educational offerings approved in accordance with this section shall be accepted by the Board to meet any educational requirements for Arkansas registered home inspectors as specified in these Rules and Procedures.
701
Prior Course Approval Required:
A. To insure that home inspectors will
receive anticipated educational credits, courses must be approved by the Board
before the courses are presented. Requests to the Board for new or renewed
accreditation of educational offerings may be submitted at any time but must be
received by the Board at least 60 calendar days prior to the presentation of
the course.
B. If unforeseeable
circumstances preclude approval prior to presentation, a non-profit home
inspector professional association or state agency, presenting or sponsoring
training in core subjects, may submit a request for approval up to ten (10)
calendar days after the conclusion of the course. An explanation of the
circumstances involved must accompany the approval request. The same decision
criteria shall be applied by the Board whether the approval being sought is
considered before or after the course presentation.
702
Term of Accreditation: Any
course accreditation for Continuing Education Courses or for a Comprehensive
Pre-Registration Curriculum shall be for a maximum of two years from the day
after Board approval. Approval for one period, does not guarantee approval for
any subsequent period.
703
Types of Accreditation:
A
Comprehensive Pre-Registration Curriculum: The Board requires
initial applicants to complete a comprehensive pre-registration home inspector
education curriculum consisting of no less than eighty (80) hours of
classroom/on-site instruction where all course modules or topics are taken
during one continuous period. See Section
705 (Course Content) below for a
description of the required subject matter. Individual course modules or topics
of a Board-approved Pre-Registration Curriculum may also be offered
individually to registered Arkansas home inspectors seeking continuing
education credit if so allowed by the provider.
B
Continuing Education Courses:
The Board requires Arkansas registered home inspectors to submit proof
annually of having completed 14 hours of continuing education prior to the
renewal of their registration for the subsequent year. Courses offered can
consist of any number of whole hours. See Section
705 (Course Content) below for a
description of the allowed subject matter. Courses may be conducted by an
instructor in a classroom setting (Classroom), or by correspondence, Internet,
video conferencing or other method where the student and instructor are not
face-to-face in the same location (Distance Learning).
704
Procedures For Accreditation of
Educational Offerings: Each organization, government agency, or business
entity seeking accreditation for educational courses for prospective or current
Arkansas registered home inspectors must submit an application to the Board for
each comprehensive pre-registration curriculum, or for each individual
continuing education course, for which approval is sought. Each module or topic
included in a comprehensive pre-registration curriculum shall be treated as an
individual course for purposes of this Section. However, retraction by the
Board of accreditation for an individual module of a comprehensive
pre-registration curriculum shall invalidate accreditation for the entire
curriculum as a comprehensive offering.
A.
Items Required for Each Course/Module: The request for
accreditation for each course or curriculum module/topic must include but not
be limited to the items below. Additional items required from providers of a
pre-registration curriculum are noted in Section
705 B below.
1.
Application Form - A Board
Application for Accreditation of Educational Course must be submitted
containing the contact information of the provider, the official course/topic
title, the number of hours of accreditation sought, the instructor(s) who will
be teaching the specific course, and an attestation that the provider has read,
understands, and shall comply with these Rules and Procedures.
2.
Fees - Applicable course
provider fees must be submitted as specified in Sections
204 F & G. Arkansas
non-profit professional home inspector associations may be exempted from
continuing education provider fees, but shall comply with all other provisions
of Section
700.
3.
Course Outline - A detailed
outline/lesson plan must be submitted in the format of a standard business
graduated outline setting forth all course subtopics in such detail as would be
required by an alternate instructor to insure that all material is covered.
Digital slideshow images, or images of Internet online course screens, shall
not suffice for this requirement.
4.
Digital Presentations - A
full portable digital version of any classroom slideshow presentation must be
submitted for each course, if one is used. Digital presentation content and
order must coincide with the course outline provided.
5.
Distance Learning Presentations
- A full portable digital version, or the Internet address, of all
distance learning presentations, including but not limited to web pages or
video presentations must be submitted for each course if utilized. Distance
learning presentation content and order must coincide with the course outline
provided.
6.
Instructor
Credentials - A standard professional business resume for each
instructor must be submitted providing a complete chronological history of
relevant employment and teaching experience, along with relevant certifications
including effective dates, employers, and accrediting organizations.
Promotional biographies shall not be considered.
7.
Student Materials - A copy of
all printed or electronic materials presented to, or required to be purchased
by the attendee to qualify for successful completion of the course must be
submitted.
8.
Course
Completion Certificate - A sample course completion certificate or other
document that confirms the student's successful completion of
training.
B.
Items
Required for a Pre-Registration Curriculum: The request for
accreditation of an entire comprehensive pre-registration training curriculum
shall include all items enumerated in Section
704 A above as well as those
items enumerated below.
1. An overall
schedule of the order and timeframes assigned to each Pre-Registration
Curriculum course module and activity.
2. A description of any "field work" or other
curriculum activities which have been submitted to fulfill the number of
accredited hours requested.
3. The
criteria for successful completion of the curriculum.
4. The provider refund policy.
705
Course
Content:
A.
Continuing
Education Courses:
1. The content of
continuing education programs shall be consistent with current home inspection
licensing laws and with inspection practices that are broad-based and essential
to the role of a home inspection general practitioner. The content shall
directly relate to home inspection principles and practices such as described
in these regulations or to new developments in the fields for which home
inspectors have a demonstrated need.
2. The Board shall not approve offerings in
mechanical office and business skills such as typing, speed-reading, memory
development, personal motivation, salesmanship, sales psychology, sales
promotions or other meetings held in conjunction with the general business of a
home inspector. Generally, acceptable courses may include, (but are not limited
to) topics which are referenced within the following:
a. Home inspector Standards of
Practice.
b. Home inspector Codes
of Ethics.
c. The current version
of the content outline of the National Home Inspector Examination.
d. Arkansas Home inspection laws and
regulations.
e. Home inspection
documents, forms, contracts, and warranties.
f. Report writing, and legal ramifications of
report content.
B.
Comprehensive Pre-Registration
Curriculum:
1. The content of the
comprehensive pre-registration home inspector education curriculum shall
specifically include inspection practices that are essential to the role of a
home inspection general practitioner, and shall include new developments in the
fields for which home inspectors have a demonstrated need.
2. The Board shall not approve offerings in
mechanical office and business skills such as typing, computer and software
operation, speed-reading, memory development, personal motivation,
salesmanship, sales psychology, sales promotions or other topics that are
ancillary to the primary tasks of home inspection.
3. The minimum acceptable curriculum for
Board approval shall specifically cover, but is not limited to, the following
topics related to residential real property of four or less residences:
a. The full content of the current version of
the ASHI Standards of Practice.
b.
The current version of the ASHI Code of Ethics.
c. The content outline of the National Home
Inspector Examination.
d. Home
inspection documents, forms, contracts, and warranties.
e. Report writing, and legal ramifications of
report content.
706
Notification Of Curriculum
Changes:
A. It is the responsibility of
each provider planning to conduct an approved curriculum to keep the Board
apprised in writing of all changes to individual course/module content, or
instructor replacements/substitutions where the Board has not previously
approved a particular instructor to teach a course. Such notice shall be
submitted to the Board at least 30 days in advance of such offerings, and the
same shall not commence without prior written approval of the Board. Curriculum
or individual module approval may be withdrawn for failure to comply with the
provisions of these regulations.
B.
In order to permit the greatest flexibility in assigning qualified instructors
to curriculum modules, each school is encouraged to submit (with their initial
filing) a list of those modules that each instructor may be called upon to
teach. This list should accompany the requested information regarding
qualifications for each instructor, and the Board shall examine the
instructor's qualifications with respect to each module on his or her
respective list.
707
Advertising Restrictions: All schools advertising
Board-accredited education courses shall comply with the following
requirements:
A. All online advertising for a
particular course shall allow the prospective student to easily and directly
reference the Board approval number for that course.
B. All advertising and written or oral
statements shall avoid the use of exaggerated or un-provable claims and
misrepresentations. In discussing or describing a student's possible or
potential economic future in the field of home inspection, no misleading or
deceptive claims may be made.
708
Attendance Policies:
Providers of education shall have and adhere to a published attendance
policy. As a minimum, the policy shall provide that a student not be absent
more that fifteen percent of the approved hours of training
A. Attendance shall be accurately recorded in
no more than two (2) hour increments.
B. Programs of study will be reported in
clock hours.
709
Documents To Be Provided To Students: Certificates will be provided to
all inspectors successfully completing Board-accredited courses.
A. Certificates shall contain the following
information: The name of school, provider or sponsor; the name of the student;
the course titles and approval numbers assigned by the Board; the course
location if applicable; the number of completed continuing education hours for
each course; and the signature of an approving authority and/or
instructor.
B. The certificates
shall be 81/2 x11 inches.
C.
Education providers will maintain copies of the documents which include Board
approval of their education offerings and academic records for all students who
enrolled. Likewise the records must identify those students who successfully
completed the educational offerings. Those records must be retained at least
two years.
710
Courses Audits:
A. The Board or its
Chairman may appoint appropriately qualified persons to audit educational
courses. Letters of appointment will be provided to the auditors for auditor
identification/authorization purposes and to provide instructions for the
audit(s.)
B. Any educational
course/offering which has been approved or is pending approval by the Board may
be audited. Such audits may be announced or unannounced to the course provider.
The provider will waive all fees for the course and any texts or hand out
materials. Upon completion of the audit, the auditor will prepare a Results Of
Audit report and submit it to the Board as directed in his appointment letter.
The Board will notify course providers of the outcome of such audits.
C. Failure of a provider to substantially
follow the course outline submitted with the approval request may result in
denial or revocation of Board approval. Likewise, the Board may assign a
probationary status to a course and request that specific corrections be made.
Follow-up audits may be made to evaluate whether appropriate corrections have
been made and whether further action is warranted.
D. Auditors who personally pay the attendance
fees for a course which is approved may choose to take continuing education
credits and apply it to their annual requirement. Otherwise, they may not claim
the credits.
711
Hearings Regarding Denial Or Revocation Of School Or Course Approval:
A. Upon denial of accreditation by the Board,
or upon the decision of the Board to withdraw such accreditation, the Board
shall notify the applicant of the denial and of their right to request a
hearing within thirty days from the date of receipt of the notice of
denial.
B. In the event the
applicant requests a hearing within such thirty days, the Board shall give
notice of the grounds for its refusal to approve and shall conduct a hearing
concerning such refusal in accordance with the provisions of the Arkansas
Administrative Procedures Act.
800 Definitions: The following words and terms, when used in these regulations, unless a different meaning is provided or is plainly required by the context, shall have the following meanings:
A.
"A.C.A." or "Arkansas Code
Annotated" - The codified, annotated laws of Arkansas.
B.
"The Act" - The Arkansas Home
Inspectors Registration Act as codified in A.C.A. §
17-52-301
et seq., as may be amended.
C.
"Board" - The Arkansas Home
Inspector Registration Board, created by Act 1328 of 2003.
D.
"Code of Ethics" - The
minimum level of ethical behavior which is to be exhibited by a licensed home
inspector in this state in conducting their home inspection practice.
E.
"Competency examination" - A
written examination to establish whether an applicant possesses an adequate
level of knowledge of home inspection procedures and components, including but
not limited to the Standards of Practice and Code of Ethics.
F.
"Continuing Education Credit (CEC)"
- Credit awarded for completion of one hour of a Board approved
educational course or event. Also, see the definition of "hour"
below.
G. "Core subjects" -
Subject areas that are key to the conduct of a comprehensive home
inspection. They include:
1) Structural
systems;
2) Exterior components of
the weather shell of a residential structure less the roof;
3) Roof systems;
4) Plumbing Systems;
5) Electrical systems;
6) Heating and air conditioning
systems;
7) Interior
components;
8) Insulation and
ventilation systems;
9) Fireplaces
and solid fuel burning appliances;
11) the Standards of Practice and Code of
Ethics; and
12) Report
writing.
H.
"Curriculum" - A complete set of educational classes designed to
fulfill the Pre-Registration Home Inspector Education requirements for initial
registration in their entirety. Each individual class session or sessions that
are conducted as part of a curriculum, and that address one particular topic,
and for which credit hours may be separately obtained, shall be referred to as
a module.
I.
"Home
inspection" - A visual inspection of a residential unit and its attached
carports and garages and the operation of the building's systems by using the
controls normally operated by the owner.
J.
"Home inspection report" - A
written report prepared for a fee and issued by a home inspector to document
the results of a home inspection.
K.
"Home inspector" - A person
who engages in the business of performing home inspections for compensation and
who in the pursuit of that business offers to inspect or inspects the condition
of a private residence.
L.
"Hour" - A clock hour with at least fifty (50) continuous minutes
of instruction as in a course or event. Instruction does not include meals,
breaks or time devoted to announcements or other administrative tasks.
M. "Module" - Each individual class session or sessions that are conducted as part of a curriculum, and that address one particular topic, and for which credit hours may be separately obtained.
N.
"Publication" - The process of
making public Board documents available to the public..
O.
"Receipt date" or "Date of receipt"
- For materials being delivered TO the Board, the date of receipt shall
be the actual date on which such is delivered to the physical or post office
address of the Board. For materials being sent FROM the Board, the date of
receipt shall be 1) the date of physical delivery or date of delivery of a
notification of an attempt to deliver in person or by a delivery service to the
address designated by the Board, or 2) the next business day after the postmark
date if sent at least by First Class U.S. Mail.
P.
"Standards of Practice" - The
minimum tasks which must be performed, as well as those which are not required
to be performed, by a licensed home inspector in this state in conducting a
home inspection.
Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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