Ohio Administrative Code
Title 1301:17 - Home Inspector
Chapter 1301:17-1 - Home Inspector Board
Section 1301:17-1-16 - Canons of ethics
Universal Citation: OH Admin Code 1301:17-1-16
Current through all regulations passed and filed through December 16, 2024
(A) Article 1 - General standards.
(1) Licensees shall perform duties as a home
inspector without bias to any of the parties to a real estate
transaction and shall perform their duties
as a home inspector with integrity to the public and to their
clients.
(2) Licensee opinions
about a property shall be based only on their education, experience, and honest
convictions.
(3) Licensees shall
not communicate inspection results in a home inspection report with intent to
defraud or in a careless, misleading or negligent manner.
(4) Licensees shall disclose all known
material facts by the licensee concerning a property.
(5) Licensees must not accept or perform home
inspections that
include the reporting of predetermined opinions
or conclusions.
(6) For the
protection of all parties, licensees shall enter into a written contract with
clients prior to the rendering of any home inspection services expressing the
agreement of the parties. Copies of all written agreements shall be provided by
the licensee to the client within three business
days from the date of the execution of the agreement by the client.
(7) Licensees must provide assistance
wherever possible to the members of the Ohio home
inspector
board or to staff with the division of real estate and professional licensing
regarding the enforcement of Chapter 4764. of the Revised Code and its
corresponding rules.
(8) Licensees
shall not represent a determination of compliance with Ohio residential,
mechanical, plumbing, or electrical codes, specifically the existence of
serious hazards as defined in rule
4101:8-2-01 of the
Administrative Code. Licensees may recommend a client seek further evaluation
and repair or remediation of suspected safety hazards by a certified or
licensed professional. Such recommendations shall be in the home inspection
report.
(9) Licensees shall not
provide to their clients or their client's agents oral home inspection reports
in lieu of written home inspection reports.
(10) Licensees may perform a limited scope
home inspection for a client, which would include a licensee's inspection of
one or more systems or components for a property but would not include a
licensee's inspection of all systems or components for a property as found in
rule 1301:17-1-17 of the
Administrative Code, provided the scope of the licensee's home inspection is:
(a) In compliance with divisions (D)(3) and
(D)(4) of section 4764.01 of the Revised
Code;
(b) Clearly stated in the
signed, written contract between the licensee and the client; and
(c) Clearly stated in the licensee's written
home inspection report.
(B) Article 2 - Compensation.
(1) Licensees shall not inspect for
compensation any property in which the licensee has any current or prospective
interest in the property.
(2)
Licensees shall not inspect for compensation any property in which the licensee
has any current or prospective interest with any of the parties to the real
estate transaction.
(3) Licensees
shall not inspect any property under contingent arrangements whereby any
compensation or future referrals are dependent on reported findings or on the
sale of a property.
(4) Licensees
shall not directly or indirectly compensate real estate licensees 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.
(5) Licensees shall not receive compensation
for an inspection from more than one party unless prior written consent is
provided by the client(s).
(6)
Licensees shall not accept compensation, directly or indirectly, from parties
other than the client for recommending contractors, services, or products to
home inspection clients. Compensation received by a home inspector from the
client for coordinating or arranging ancillary inspection services or
subcontracted services in connection with a home inspection is not a violation
of this paragraph.
(7) Licensees
shall comply with division (A)(4) of section
4764.14 of the Revised Code
regarding the repair, replacement, or upgrade, for compensation, a property's
systems or components covered by the standards of practice.
(C) Article 3 - Confidentiality.
(1) Licensees shall not disclose inspection
findings or client information without prior written client approval.
(2) Licensees may disclose inspection results
or findings to the property's occupants or others present at the property only
if the licensee's results or findings indicate imminent bodily harm or a
significant danger to the property is present. Licensees may disclose
inspection results or findings if compelled by a court order.
(3) Licensees must take reasonable steps to
safeguard or protect confidential information from unauthorized
individuals.
(D) Article 4 - Reports and contractual agreements.
(1)
Every home inspection report prepared by a licensee shall include all
information contained in division (D) of section
4764.01 of the Revised Code and
all of the following:
(a) Ohio home inspector
license number;
(b) The expiration
date of the license;
(c) The date
the home inspection occurred; and
(d) Address of the property.
(2) Every written home inspection
contract shall include:
(a) The inspection
fee;
(b) The address of the
property;
(c) Client's
name;
(d) Authorized recipient(s)
of the report;
(e) Date of the
inspection;
(f) Statement that the
work to be performed is a home inspection as defined in division (C) of section
4764.01 of the Revised
Code;
(g) Signatures of the
licensee and client and date signed; and
(h) Statement that the report is prepared in
accordance with Chapter 4764. of the Revised Code and rules adopted
thereunder.
(3) A
licensee must exercise due care to prevent the unauthorized use of the
licensee's signature to a home inspection
report.
(4) Licensees must not
misrepresent or inaccurately report to the client or include in their
corresponding reports the status of the licensee's Ohio home inspector
license.
(5) A home inspection
report by a licensee shall include a statement that addresses the scope of work
performed by the licensee, such as any services or hazards excluded from the
licensee's inspection.
(E) Article 5 - Advertising.
(1) Licensees must advertise or solicit home
inspection assignments only in a manner that is true and accurate.
(2) Licensees shall only include a property
in an advertisement for the licensee's home inspection services with the
express, written consent of the
property's current owner of record as recorded in
the county recorder's records.
(3)
Licensees shall not knowingly solicit a party or a party's agent that is
contractually engaged in writing by another Ohio home inspector licensee for
home inspection services.
(4) A
licensee's failure to comply with any of the provisions for this rule shall
constitute prima facie evidence of a violation of division (A)(9) of section
4764.14 of the Revised
Code.
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