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815 KAR 6:010. Home inspector licensing requirements and maintenance of records


Published: 2015

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      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.)