815 KAR 6:010. Home inspector licensing
requirements and maintenance of records.
RELATES TO: KRS 198B.700, 198B.706,
198B.712, 198B.714, 198B.716, 198B.722, 198B.724, 198B.738
STATUTORY AUTHORITY: KRS 198B.706,
198B.722
NECESSITY, FUNCTION, AND CONFORMITY: KRS
198B.706(1) and (15) require the Kentucky Board of Home Inspectors to promulgate
administrative regulations necessary to enforce the provisions of KRS 198B.700
to 198B.738 and to establish requirements for licensing and certification as
well as prescribing forms and applications. KRS 198B.706(7) requires the board
to promulgate administrative regulations to provide for the inspection of the
records of a licensee. KRS 198B.706(11) requires the board to establish
continuing education requirements. KRS 198B.722 requires the board to establish
requirements for renewal of licenses and authorizes the board to establish an
inactive license. This administrative regulation establishes the licensure and
record requirements for home inspectors.
Section 1. Application Requirements. (1)
An applicant for a home inspector license shall submit:
(a) A completed Initial Licensure
Application, Form KBHI 1;
(b) A two (2) inch by two (2) inch
passport photograph affixed to the application form;
(c) A certificate of course completion
and the applicant's national examination test score;
(d) A certificate of insurance;
(e) If applicable, other state or local
licensure, certification, registration, or permit;
(f) A recent background check performed by the
Kentucky State Police and a nationwide criminal background
investigation check performed by the Federal Bureau of Investigation. If an
applicant submits an application for a nationwide criminal background investigation
check performed by the Federal Bureau of Investigation (FBI) and the FBI cannot
complete the background investigation check within thirty (30) days of the
request, an applicant may submit an Optional Affidavit for Licensure and
submit the performed nationwide criminal background
investigation check within fourteen (14) days of its completion. If an applicant has a
felony conviction during the applicant's lifetime, a misdemeanor conviction
within the past five (5) years or a pending charge, the applicant shall not use
the optional affidavit;
and
(g) A nonrefundable fee of $250.
(2) An applicant for a home inspector
license shall:
(a) Complete and pass a prelicensing training
course approved by the board pursuant to subsection (8) of this section and
that is administered by a provider who has been approved by the board in
accordance with 815 KAR 6:040 and subsection (8) of this section; and
(b) Pass an examination conducted by a
board-approved test provider.
(3) A request to sit for the examination
shall be made directly to the test provider.
(4) The examination fee shall be set by
the testing company and shall be paid directly to the test provider.
(5) A passing score on the examination
shall be valid for a period of three (3) years.
(6) Failing the examination.
(a) An applicant who fails to pass the
examination two (2) times shall wait at least fourteen (14) calendar days from
the date of the second failed examination prior to retaking the examination.
(b) An applicant who fails to pass the
examination three (3) or more times shall wait at least thirty (30) calendar
days from the date of the third or subsequent failed examination prior to
retaking the examination.
(c) An applicant who fails to pass the
examination three (3) times shall not be eligible to retake the examination
until the applicant has again completed and again passed the prelicensing training
course required by subsection (2)(a) of this section before retaking the
examination a fourth time, and also for each subsequent examination failure
thereafter.
(7) Procedures and conduct.
(a) The applicant shall follow:
1. Procedures and appropriate conduct
established by the board or testing service administering an examination if the
procedures and conduct requirements are provided or made available to each applicant
or orally announced before the start of the examination; and
2. Written instructions communicated
prior to the examination date and instructions communicated at the testing
site, either written or oral, on the date of the examination.
(b) Failure to comply with all procedures
established by the board or the testing service with regard to conduct at the
examination shall be grounds for denial of the application.
(8) Course requirements. To be approved
by the board, a prelicensing training course shall require a minimum of:
(a) Sixty-four (64) credit hours of
training in the subject areas listed in subparagraphs 1. through 9. of this
paragraph for at least the number of hours specified:
1. Manufactured housing: three (3) hours;
2. Standards of practice, KRS Chapter
198B and 815 KAR Chapter 6, contracts, report writing, and communications:
eleven (11) hours;
3. Exterior, roofing, insulation, and
ventilation: six (6) hours;
4. Structure and interior: nine (9)
hours;
5. Electrical and plumbing: nine (9)
hours;
6. Heating and air conditioning: six (6)
hours;
7. Field training: sixteen (16) hours,
including not more than eight (8) hours in a laboratory;
8. General residential construction:
three (3) hours; and
9. Environmental hazards, mitigation,
water quality, and indoor air quality: one (1) hour;
(b) The completion of three (3) unpaid
home inspections under the supervision of a Kentucky licensed home inspector
with satisfactory written reports submitted to the course provider in addition
to the sixteen (16) hours of field training required by paragraph (a)7 of this
subsection; and
(c) An exit examination with a passing
score.
(9) An online prelicensing training
course shall not be accepted by the board unless the applicant:
(a) Is enrolled in a prelicensing course
on or before the effective date of this administrative regulation;
(b) Maintains continuous enrollment; and
(c) Completes the prelicensing course no
later than six (6) months from the effective date of this administrative
regulation.
(10) Criminal background checks and other
disciplinary proceedings.
(a) Except as established in subsection
(1)(f) of this section, each applicant shall submit a recent
background check performed by the Kentucky State Police and a nationwide
criminal background investigation check performed by the Federal Bureau of
Investigation.
(b) If an applicant has resided in a
state for less than five (5) years prior to application, the applicant shall
also obtain and submit a state-wide criminal background check by a law
enforcement agency capable of conducting a state-wide background check from the
state where the applicant previously resided.
Section 2. Reciprocity. An applicant
seeking a license through reciprocity in accordance with KRS 198B.714 shall:
(1) Submit a completed Initial Licensure Application,
Form KBHI 1, and attachments established in Section 1(1)(b) through (f) of this
administrative regulation; and
(2) Pay the fee established in Section
1(1)(g) of this administrative regulation.
Section 3. Nonresident Licensees. A nonresident
licensee shall:
(1) Submit a completed Initial Licensure Application,
Form KBHI 1, and attachments established in Section 1(1)(b) through (f) of this
administrative regulation;
(2) Pay the fee established in Section
1(1)(g) of this administrative regulation; and
(3) Comply with the provisions
established in KRS 198B.716 and this administrative regulation.
Section 4. Renewal of Licenses. (1) To be
eligible for renewal of license, an applicant shall hold a valid and current
license issued by the board and shall:
(a) Satisfy the continuing education
requirements of Section 5 of this administrative regulation;
(b) Pay a nonrefundable renewal fee of
$250 per year for each year of licensure;
(c) Submit a fully-completed Application
for Renewal Licensure as a Kentucky Home Inspector, Form KBHI 2 and
attachments, including:
1. A certificate of completion for
continuing education;
2. A certification of insurance
information;
3. If applicable, other state or local
licensure, certification, registration, or permit; and
4. A state-wide criminal background
check; and
(d) Submit a copy of a completed
inspection report that has been compiled within the previous twelve (12) months
immediately preceding renewal.
(2)(a) The renewal application shall be postmarked
by the last day of the month in which the licensee is to renew the license.
(b) If the renewal application is
postmarked within sixty (60) days after the last day of the licensee’s renewal
month, the licensee shall pay a nonrefundable:
1. Renewal fee of $250 per year for each
year of licensure; and
2. Late fee of $250.
(3) If a licensee has not submitted a
renewal application within sixty (60) days of the last day of the licensee’s
renewal month, the license shall be cancelled and the licensee shall cease and
desist from conducting home inspections.
(4)(a) If a licensee failed to submit a
renewal application more than sixty (60) days from the last day of the
licensee’s renewal month and wants to be licensed, the licensee shall submit a
License Reinstatement Application within 120 days of the last day of the licensee’s
renewal month. The licensee shall pay a nonrefundable:
1. Renewal fee of $250 per year for each
year of licensure; and
2. Late fee of $500.
(b) If a licensee failed to submit a
renewal application or a License Reinstatement Application within 120 days of
the last day of the licensee’s renewal month and wants to be licensed, the
licensee shall submit a new application in accordance with existing requirements
for initial applicants under KRS Chapter 198B and 815 KAR Chapter 6.
Section 5. Continuing Education. (1) The
continuing education requirements of this section shall apply only to those
licensees who will have been licensed at least twelve (12) months at license renewal.
(2) Each licensee who renews a license in
an odd year shall have at least fourteen (14) hours of continuing education per
license year. Each licensee who renews a license during an even year shall have
at least twenty-eight (28) hours of continuing education during the license
biennial period.
(3) Prior to renewal, the continuing
education shall include a minimum of:
(a) Three (3) hours in manufactured
housing;
(b) Three (3) hours in KRS Chapter 198B
and 815 KAR Chapter 6;
(c) Three (3) hours in report writing;
and
(d) Five (5) hours in technical courses,
including identification and determination, as applicable within the standards
of practice.
(4)(a) The continuing education courses
identified in subsection (3)(a) through (c) of this section shall be completed
face-to-face. An online continuing education course shall not satisfy the
continuing education requirement for each respective category.
(b) The face-to-face requirement
identified for the continuing education courses shall be effective beginning
the next renewal period following the effective date of this administrative
regulation.
(5) Continuing education shall be
obtained from those providers approved by the board as provided in 815 KAR
6:080.
(6) An approved prelicensing course shall
satisfy the initial fourteen (14) hour continuing education requirement.
(7) A maximum of three (3) hours per
license year shall be awarded for teaching part of a home inspection credit
course or home inspection continuing education course as applied to the appropriate
content area established in subsection (3)(a) through (d) of this section.
(8) A maximum of three (3) hours per
license year shall be awarded for appointment to the board for a board member
who is licensed and who has attended not less than eighty (80) percent of the
board meetings each license year as applied to the content area established in
subsection (3)(b) of this section.
(9) A licensee shall not take the same
continuing education course during a licensure period.
(10)A licensee may complete the required
continuing education hours within the sixty (60) day grace period from the last
day of the licensee’s renewal month.
Section 6. Inactive License. (1)
Placement of a license in inactive status.
(a)1. To place a license in inactive
status, a licensee shall submit a notarized statement indicating the desire to
have the license placed in inactive status.
2. This notarized statement shall be
mailed to the board and shall be accompanied by:
a. A check for ten (10) dollars made
payable to the Kentucky State Treasurer;
b. The actual license card of the
licensee; and
c. A current mailing address for the
licensee.
(b) A licensee in inactive status shall
not engage in home inspection activities within the Commonwealth of Kentucky.
(2) Renewal of license in inactive
status.
(a) A licensee with an inactive license
shall pay an annual inactive status fee equal to fifty (50) percent of the
current renewal fee for an active license.
(b) Failure to pay this annual fee shall
result in the expiration of the license on the last day of the licensee’s birth
month.
(3) Insurance coverage for licensees with
inactive license. A licensee with an inactive status license shall not be
required to maintain the insurance coverage required by KRS 198B.712(3)(d) during
inactive status.
Section 7. Reactivation of Inactive
License to Active Status. (1) A licensee who wishes to reactivate a license
shall contact the board and submit a notarized statement requesting approval to
return to active status.
(2) This request shall be accompanied by:
(a) The name of the licensee requesting
activation;
(b) The license number of the licensee
requesting reactivation;
(c) The birth date of the licensee
requesting reactivation;
(d) A current mailing address for the
licensee requesting reactivation;
(e) A check in the amount of ten (10)
dollars made payable to the Kentucky State Treasurer;
(f) Proof of liability insurance naming
the individual in the amount of $250,000 as required by KRS 198B.712(3)(d);
(g) A state-wide criminal background
check administered by a law enforcement agency capable of conducting a
state-wide background check; and
(h) Proof of continuing education as
required by Section 8 of this administrative regulation.
(3) A license that has been inactive for
a period of five (5) years from the date of board action shall be considered
expired.
Section 8. Continuing Education
Requirements for Licensees in Inactive Status Returning to Active Status. (1)
Except as provided by subsection (2) of this section, a licensee with an
inactive status who wishes to reactivate the license shall complete the
continuing education requirements established in this subsection prior to
application to return to active status. The licensee shall complete fourteen
(14) hours per year that the license has been inactive, which shall include:
(a) Three (3) hours in manufactured
housing;
(b) Three (3) hours of KRS Chapter 198B
and 815 KAR Chapter 6; and
(c) Eight (8) hours, in any combination,
of:
1. Electrical;
2. Plumbing;
3. Heating, ventilation, and air
conditioning;
4. Roofing; or
5. Report writing.
(2) A board approved sixty-four (64) hour
prelicensing training course may be used to satisfy the requirement established
in subsection (1) of this section.
Section 9. Maintenance of Records. (1)
Address.
(a) A license holder shall report a
change of address to the board in writing within ten (10) days after the
change.
(b) The board shall not be responsible
for the license holder’s failure to receive notices, communications, or
correspondence caused by the license holder’s failure to promptly notify the
board of a change of address.
(2) Names.
(a) A license holder shall notify the
board in writing of a name change within thirty (30) days of the change.
(b) The notification shall be accompanied
by a copy of a marriage certificate, divorce decree, court order, or other
documentation that verifies the name change.
(c) The board shall not be responsible
for the license holder's failure to receive notices, communications, or correspondence
caused by the license holder's failure to promptly notify the board of a name
change.
(3) Inspection records.
(a) A licensed home inspector shall
retain for at least three (3) years from the date of the inspection:
1. The written reports;
2. The contract; and
3. Supporting documentation, if
applicable.
(b) Records may be retained in
retrievable, electronic format.
(c) The licensee shall provide all
records requested by the board within ten (10) days of receipt of the request.
Section 10. (1) The board may deny a
license or refuse to renew or reactivate a license to an applicant or licensee
who:
(a) Has entered a guilty plea to, pled
guilty to, or been convicted of a:
1. Felony; or
2. Misdemeanor; or
(b) Has had disciplinary action taken
against a professional license, certificate, registration, or permit held by
the applicant or licensee in any jurisdiction or state, including Kentucky.
(2) The board shall base its decision on
the seriousness of the offense or disciplinary action, the length of time since
the offense or disciplinary action, and the applicant’s or licensee’s showing
of remorse, rehabilitation, and restitution by clear and convincing evidence.
Section 11. The board shall deny a
license or refuse to renew or reactivate a license to an applicant or licensee
who fails to comply with a provision of KRS Chapter 198B or this administrative
regulation.
Section 12. Incorporation by Reference.
(1) The following material is incorporated by reference:
(a) "Initial Licensure Application",
Form KBHI-1, July 2015;
(b) "Application for Renewal
Licensure as a Kentucky Home Inspector", Form KBHI 2, 7/2014;
(c) "License Reinstatement
Application", Form KBHI 6, 7/2014; and
(d) "Optional
Affidavit for Licensure", Form KBHI 7, 6/2015.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Office of
Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40601,
Monday through Friday, 8 a.m. to 5 p.m. (32 Ky.R. 2400; 33 Ky.R. 778; eff. 10-6-2006;
684; 1035; eff. 12-4-2009; 38 Ky.R. 1498; 1866; 1966; eff.7-6-2012; 41 Ky.R. 623; 1371;
1551; eff. 2-6-2015; 41 Ky.R. 2641; 42 Ky.R. 295; eff. 9-4-2015.)