(1) Alarm Systems - Department of Business and Professional
Contents
1. 61 30 401 License Renewal 1 A license shall be renewed biennially on or before July 31 of even numbered years 2 A licensee will renew a license whether active or inactive by paying an unlicensed activity fee and a biennial license renewal fee as described in Rule 61 30 201 F A C and completing the continuing education as described in Section 468 8316 F S amp Rule 61 30 402 F A C 3 A licensee who is the spouse of a member of the Armed Forces of the United States and was caused to be absent from the State of Florida because of the spouse s duties with the armed forces shall be exempt from all licensure renewal provisions during such absence The licensee must show proof to the department of the absence and the spouse s military status 4 Failure to renew a license unless exempt as a military spouse renders the license delinquent Delinquent status may last one full renewal cycle A delinquent license can be returned to current status by completing the required continuing education as describedi n Rule 61 30 301 F A C and paying the appropriate fees as described in Rule 61 30 201 F A C If at the end of the delinquent biennium the license is not brought current it becomes void 5 A revoked or void license may not be renewed Anyone with a revoked or null and void license who wishes to provide professional home inspection related services shall apply as though never before licensed or apply for discretionary2. 15 Normal operating controls Devices such as thermostats switches or valves intended to be operated by the homeowner 16 Readily accessible Available for visual inspection without requiring dismantling or destructive means to gain access moving of items including but not limited to furniture personal property stored items clothing wall or floor covering or debris dismantling or any action which will likely involve risk to persons or property 17 Readily Openable Access Panel A panel provided for homeowner inspection and maintenance that is within normal reach can be removed by one person and is not sealed in place 18 Recreational Facilities Spas saunas steam baths swimming pools exercise entertainment athletic playground or other similar equipment and associated accessories 19 Report To communicate in writing 20 Representative Number One component per room for multiple similar interior components such as window and electric outlets one component on each side of the building for multiple similar exterior components 21 Roof Drainage Systems Components used to carry water off a roof and away from a building 22 Service Life Service life is the expected lifetime or the acceptable period of use in service of a particular system or component It is the time that
3. knowingly filing a false report or or probation revocation complaint with the department against another licensee 455 227 1 h Attempting to obtain obtaining or Fine up to 1000 Plus Fine up to 5000 plus probation renewing a license to rpactice by bribery Reprimand Probation suspension revocation or fraudulent misrepresentation or Suspension or Revocation through an error of the department 455 227 1 i Failing to report to the department any Fine up to 1000 plus reprimand Fine up to 5000 plus probation person who the licensee knows is in suspension revocation violation of Chapter 455 the chapter regulating the alleged vioplator or the rules of the department 455 227 1 G Aid assist procure employ or advise Fine up to 1000 plus reprimand Fine up to 5000 plus suspension unlicensed person or entity to practice probation suspension or revocation profession contrary to Chapter 468 Part revocation XV or 455 or rules of the department 455 227 1 k Failing to perform any statutory or legal Fine up to 5000 plus reprimand Fine up to 5000 plus suspension obligation placed upon a licensee probation suspension or revocation revocation 455 227 1 m Making deceptive untrue or fraudulent Fine up to 1000 plus reprimand Fine up to 5000 plus revocation representations in or r
4. A C Rulemaking Authority 455 2035 468 8315 468 8325 FS Law Implemented 455 271 468 8312 468 8315 468 8317 FS History New 61 30 302 Inactive Active Status 1 A licensee may request during the renewal period to place his or her license in an inactive status by making a request in writing and remitting the applicable fee s to the department _The department shall then change the status of the license to inactive 2 An inactive license may be maintained during each subsequent biennium period upon the payment of the applicable fee s to the department and complying with the continuing education requirements of Section 468 8316 F S and Rule 61 30 402 F A C 3 A licensee may apply to the department at a time other than during the renewal period to change the status of their license by submitting form DBPR HI 0402 Change of Status Application effective July 2012 adopted and incorporated herein by reference The form may be obtained by contacting the department at the following address Home Inspection Licensing Program 1940 N Monroe Street Tallahassee Florida 32399 0783 or at The Licensee must remit the applicable fee s to the department and comply with the continuing education requirements of Section 468 8316 F S Rulemaking Authority 455 2035 468 8317 468 8325 FS Law Implemented 455 271 468 8312 468 8315 468 8317 FS History New
5. Law Implemented 455 227 455 2273 468 832 468 8319 FS History New 61 30 603 Notice of Noncompliance 1 As an alternative to the provisions of Section 455 225 3 a F S the department may provide a licensee with a notice of noncompliance for an initial offense of a minor violation 2 Minor violations that do not endanger the public health safety and welfare and which do not demonstrate a serious inability to practice the profession are a Failure to provide a copy of the home inspector s license and disclosure of the scope and exclusions of a home inspection prior to contracting for or commencing a home inspection in violation of 486 8321 3 This designation of violations as minor for the purposes of Section 455 225 3 F S is limited to initial violations in which corrective action is commenced within 15 days of the department s issuance of a notice of noncompliance The violation must be corrected within 15 days If it cannot be corrected within 15 days then corrective action must be commenced within 15 days and the licensee must move with due diligence to complete the corrective action A violation which continues past that period shall no longer be deemed a minor violation and shall be treated as a citation offense pursuant to Rule 61 30 604 F A C Violations of this section except as provided herein shall be handled in accordance with the standard discip
6. and under floor crawl space if present 3 The inspector is not required to enter or traverse any under floor crawl space or attic if in the opinion of the inspector a An unsafe or unsanitary condition exists b Enter areas in which inadequate clearance exists to allow the inspector safe entering or traversing c The potential exists to cause damage to insulation ductwork other components or stored items 4 The inspector is not required to provide any engineering or architectural services or offer an opinion as to the adequacy of any structural system or component Rulemaking Authority 468 8325 FS Law Implemented 468 8323 468 832 1 j FS History New 61 30 803 Standards of Practice Electrical Systems 1 The inspector shall inspect a The service entrance conductors drip loop cables and raceways b The main service equipment and main disconnects c The service grounding d The interior components of main service panels and sub panels e The conductors f The over current protection devices g A representative number of readily accessible installed lighting fixtures switches and receptacles h The ground fault circuit interrupters i The arc fault circuit interrupters 2 The inspector shall describe a The amperage and voltage rating of the service b The location of main disconnect s and sub panels c The wiring met
7. any manufactured item can be expected to be serviceable providing proper maintenance has taken place over the period concerned Service life may vary from region to region and inspection to inspection based on the home being inspected and the professional opinion and findings of the inspector 23 Significantly deficient Not operating in the manner in which the system or component was designed to operate or not capable of performing its intended function 24 Shut Down A state in which a system or component cannot be operated by normal operating controls 25 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 26 Structural Component A component that supports non variable forces or weights dead loads and variable forces or weights live loads 27 System A combination of interacting or interdependent components assembled to carry out one or more functions 28 Technically Exhaustive An investigation that involves dismantling the extensive use of advanced techniques measurements instruments testing calculations or other means 29 Under floor Crawl Space The area within the confines of the foundation and between the ground and the underside of the floor 30 Unsa
8. condition or deficiency 3 The methods materials or costs of corrections 4 Future conditions including but not limited to failure of systems and components 5 The suitability of the property for any specialized use 6 Compliance with regulatory requirements codes regulations laws ordinances etc manufacturer specifications installation procedures or instructions 7 The market value of the property or its marketability 8 The advisability of the purchase of the property 9 The presence of potentially hazardous plants or animals including but not limited to wood destroying organisms or diseases harmful to humans 10 The presence of any environmental hazards including but not limited to fungi molds toxins carcinogens noise and contaminants in soil water and air 11 The effectiveness of any system installed or methods utilized to control or remove suspected hazardous substances 12 The operating costs of systems or components 13 The acoustical properties of any system or component 14 Conditions that might affect the ability to obtain insurance and or the price of insurance 15 The calibration of measuring devices including timers clocks thermostats and gauges 16 The integrity of thermal glass seals 17 The presence of manufacturers defects in any product mater
9. for each hour of classroom or interactive distance learning instruction An hour of classroom or interactive distance learning instruction requires no less than fifty 50 minutes of instruction or participation f Any changes in the course provider name address or telephone number must be submitted in writing to the department within 30 days of such change 5 To maintain status as a continuing education provider the provider must also a Electronically report continuing education course attendance records in compliance with Section 455 2178 F S The provider is required to resolve reporting conflicts with the licensee by the expiration date of the training course b Allow the department s designee to have access to information concerning courses or seminars conducted by the provider for continuing education credit in order to audit or monitor the information Rulemaking Authority 455 2035 468 8313 468 8316 468 8325 FS Law Implemented 455 2178 455 2179 468 5313 468 8316 FS History New 61 30 503 Course Approval Prelicensure and Continuing Education 1 Prelicensure_and continuing education courses shall be valid for purposes of the licensure and continuing education requirement only if such courses have received approval from the department before the course is offered 2 The department shall approve education courses for two ye
10. method by its distinguishing characteristics 3 The heating system capacity in BTUs or kilowatts 4 The location and condition of the air handler unit furnace c With regards to heating and air conditioning components the inspector is not required to inspect 1 The interiors of flues or chimneys which are not readily accessible 2 Heat exchangers 3 Humidifiers or dehumidifiers 4 Electronic air filters sanitizers or UV lights 5 Solar space heating systems 2 HVAC distribution systems a The inspector shall inspect readily accessible HVAC distribution systems b The inspector shall describe within the HVAC distribution systems 1 The energy source 2 The cooling method by its distinguishing characteristics 3 The presence of condensate over flow warning shutoff devices c With regards to HVAC distribution systems the inspector is not required to inspect 1 Electronic air filters sanitizers or UV lights 2 Humidistats 3 Automatic HVAC zoned systems dampers controls that are not readily accessible 4 Removable window air conditioning systems 3 The inspector is not required to a Determine heat supply adequacy or distribution balance b Operate heat pump systems when ambient temperatures pose the potential for damage to the air conditioning system c Determine cooling supply adequacy distribution balance or indoor air quality d Operate the air conditioning system when ambient temperatures pose the potent
11. 61 30 101 Definitions As used in this chapter the following terms have the following meanings 1 Alarm Systems Warning devices installed or free standing including but not limited to carbon monoxide detectors flue gas and other spillage detectors security equipment ejector pumps and smoke alarms 2 Architectural Service Any practice involving the art and science of building design for construction of any structure or groupings of structures and the use of space within and surrounding the structures or the design for construction including but not specifically limited to schematic design design development preparation of construction contract documents and administration of the construction contract 3 Automatic Safety Controls Devices designed and installed to protect systems and components from unsafe conditions 4 Component A part of a system 5 Decorative Ornamental not required for the operation of the essential systems and components of a home 6 Describe To distinguish a system or component by its type or other observed significant characteristics to distinguish it from other systems or components 7 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 and routine homeowner maintenance 8 Engineering Services Any professional service or creative work requiring engineering education training and expe
12. al or hydrological site conditions b Erosion control and earth stabilization measures Rulemaking Authority 468 8325 FS Law Implemented 468 8323 468 832 1 j FS History New 61 30 812 Standards of Practice General Limitations and Exclusions 1 General limitations for inspections a Inspections are visual non invasive only and are not technically exhaustive b Inspections are subjective and rely upon the inspector s opinion judgment training and experience 2 Home inspectors are not required to perform any action or make any determination unless specifically stated in these Standards of Practice Inspectors are not required to a Determine the condition of systems or components which are not readily accessible b Offer or give warranties or guarantees of any kind c Operate 1 Any system or component which is shut down or otherwise inoperable or could cause damage 2 Any system or component which does not respond to normal operating controls 3 Shut off valves of any type 4 Automatic safety controls valves or devices of any type d 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 This situation shall be noted in the home inspection report 2 The under floor crawl space or attics which are not readily accessible This situation shall be noted in the home inspection r
13. amination content outline adopted May 14 2010 1 Inspection Methods 24 hours 2 Building Systems 42 hours 3 Reporting 24 hours 4 Professional Practice 10 hours In addition the course must provide 20 hours of field based_ practical demonstrations of the inspection process by the student under the direct supervision of a licensed Florida home inspector b Pass the examination described in Rule 61 30 103 F A C 3 Good Moral Character applied a Unless the department denies the application for incompleteness the department shall evaluate the application and make appropriate inquiry to determine the applicant s moral character Demonstration of all of the following will establish the applicant s good moral character 1 The completion of a criminal history records check by the Florida Department of Law Enforcement and self disclosure by the applicant that establishes that the applicant has no criminal record and 2 The absence of civil lawsuits or administrative actions decided adversely to the applicant which involved matters bearing upon moral character including for example fraud dishonesty misrepresentation concealment of material facts or practicing a regulated profession without a license or certificate as required by law or rule and 3 No prior history of violations by the applicant of Florida Statutes or rules adopted by the department or any lawful order of the department previously ent
14. ars from the date approved when the following requirements are met a Application for courses must be submitted using the Home Inspector Course Application form number DBPR HI 0404 Education Course Application effective July 2012 adopted and incorporated herein by reference The form may be obtained by contacting the department at the following address Home Inspection Licensing Program 1940 N Monroe Street Tallahassee Florida 32399 0783 or at b The course provider shall submit to the department the following for course approval before the course is offered an application a detailed course outline describing the course s content and subject matter and a written statement that explains in detail how the course relates to the practice of home inspection c The application shall include the total number of classroom or interactive distance learning hours the course syllabus and the name and qualifications of all instructors 3 A course provider making application to offer interactive distance learning must submit documents indicating the following a The means by which the course will demonstrate interactivity between the student and course provider which promotes student involvement and demonstrates that the course measures learning and addresses comprehension of content at regular intervals b The means by which the course provider is able to monitor student enrollment participation and cou
15. be issued pursuant to this rule where no harm to consumers results from the violation Rulemaking Authority 455 2035 455 224 2 468 8325 FS Law Implemented 455 224 468 832 468 8321 468 8322 FS History New 61 30 605 Mediation The following alleged violations may be resolved by mediation using the procedure adopted by the department pursuant to Section 455 2235 F S 1 Section 468 832 1 g F S Committing fraud deceit negligence incompetency or misconduct in the practice of home inspection related services 2 Section 468 832 1 h F S Failing to perform any statutory or legal obligation placed upon a licensed home inspector Rulemaking Authority 455 2035 455 2235 1 FS Law Implemented 455 2235 FS History New 61 30 801 Standards of Practice General 1 The purpose of these Standards of Practice is to establish a standard for home inspectors licensed under Chapter 468 Section XV of the Florida Statutes 2 Home inspections performed to these Standards of Practice are intended to provide the client with information regarding the overall condition of installed systems and components of the home based on observation of the visible and apparent condition of the structure and components at the time of the home inspection and to report on the presence of any material defects A home inspection does not include the prediction of future conditions 3 These standards shall not be co
16. be the type of household appliance 3 The inspector is not required to a Activate any system or appliance that is shut down disconnected or otherwise rendered inoperable b Operate or evaluate any system component or appliance that does not respond to normal user controls c Operate any gas appliance that requires the manual lighting of a pilot light or burner device d Operate any system appliance or feature that requires the use of special codes keys combinations or devices or where user manual reference is required e Operate any system component or appliance where in the opinion of the inspector damage may occur f Determine thermostat s calibration adequacy of heating elements operate or evaluate self cleaning cycles door seals indicator lights timers clocks or timed features defrost cycles or frost free features or other specialist feature as it applies to the appliance device g Determine leakage from microwaves ovens h Determine the presence or operation of back draft damper devices in exhaust devices i Move any appliance j Confirm operation of every control or feature of a system or appliance Rulemaking Authority 468 8325 FS Law Implemented 468 8323 468 832 1 j FS History New 61 30 810 Standards of Practice Exterior Components 1 The inspector shall inspect a The exterior wall cladding flashing and trim b All ex
17. competence or misconduct in the probation suspension or probation suspension revocation practice of home inspection services revocation 468 832 1 h Failing to perform any statutory or legal Fine up to 1000 plus reprimand Fine up to 5000 plus probation obligation placed upon a licensed home probation or suspension suspension revocation inspector violating any provision of this chapter a rule of the department or a lawful order of the department previously entered in a disciplinary hearing or failing to comply with a lawfully issued subpoena of the department 468 832 1 i Practicing on a revoked suspended Fine up to 1000 plus reprimand Fine up to 5000 plus probation inactive or delinquent license probation suspension or suspension revocation revocation 455 227 1 a Making false fraudulent deceptive or Fine up to 1000 plus reprimand Fine up to 5000 plus reprimand misleading representations in or related probation or suspension probation suspension revocation to the practice of the licensee s profession 455 227 1 b Intentionally violating any rule adopted Fine up to 1000 plus reprimand Fine up to 5000 plus suspension by the department probation or suspension revocation 455 227 1 g Having been found civilly liable for Fine up to 1000 plus reprimand Fine up to 5000 plus suspension
18. courses if the provider status is expired or under discipline 2 The department retains the right and authority to audit and or monitor programs and review records and course materials given by any provider approved pursuant to this rule The department shall reject individual programs given by a provider if the provider disseminates any false or misleading information in connection with the educational programs or if the provider fails to conform to and abide by the rules of the department 3 If the provider status is revoked by the department the provider cannot reapply to be registered as a provider for two years from the date of the Final Order revoking the registration 4 To maintain status as a prelicensure or continuing education provider the provider must a Require each licensee to complete the entire course or seminar in order to receive credit for the course b Provide the Florida Department of Business and Professional Regulation DBPR provider number on all course advertisements c Furnish each licensee with an individual certificate of attendance that contains the licensee s name the licensee s license number provider name provider number course name course number date of the course completion and the total number of hours successfully complete in each subject d Maintain all records for four 4 years available for inspection by the department or the department s designee e Report one education credit
19. ction but were not inspected and any reasons why they were not inspected 10 These Standards of Practice do not limit inspectors from a Including other inspection services in addition to those required by these Standards of Practice b Specifying repairs provided the inspector is appropriately qualified and willing to do so c Excluding systems and components from the inspection if agreed upon by the inspector and client Rulemaking Authority 468 8325 FS Law Implemented 468 8323 468 832 1 j FS History New 61 30 802 Standards of Practice Structure 1 The inspector shall inspect all of the visible structural components including visible portions of the foundation walls posts beams columns joists rafters trusses other framing and the ventilation of attics and foundation areas The inspector shall inspect by probing of structural components where deterioration is visible or suspected or where clear indications of possible deterioration exist Probing is not required when in the opinion of the inspector probing would only further damage any area already identified as defective or where no deterioration is visible or presumed to exist 2 The inspector shall describe a Foundation b Floor structure c Wall structure d Ceiling structure e Roof structure f The methods used to inspect the attic space
20. d herein by reference The form may be obtained by contacting the department at the following address Home Inspection Licensing Program 1940 N Monroe Street Tallahassee Florida 32399 0783 or at 3 Applications for contrinuing education providers must be submitted with the fees as described in Rule 61 30 201 F A C using the Home Inspector Provider Application form number DBPR HI 0403 Application for Education Provider effective July 2012 The form may be obtained by contacting the department at the following address Home Inspector Licensing Program 1940 N Monroe Street Tallahassee Florida 32399 0783 or at https www myfloridalicense com intentions2 asp chBoard true amp boardid 04 amp SID 4 Provider approval is valid until May 31 of odd numbered years and must be renewed prior to expiration 5 Any applicant who submits the Home Inspection Provider Application form number DBPR HI 0403 Application for Education Provider with the fees as described in Rule 61 30 201 F A C will be approved as a course provider upon meeting applicable requirements as set forth in Rules 61 30 502 and 61 30 0503 F A C Rulemaking Authority 455 2035 468 8313 468 8316 468 8325 FS Law Implemented 455 2122 455 2178 455 2179 468 8313 468 5316 FS History New 61 30 502 Provider Requirements Prelicensure and Continuing Education 1 The course provider shall not offer any
21. dor 3 The fees for examination and re examination shall be determined by the vender and paid by the applicant directly to the vender providing the examination for licensure 4 Licensure fees are refundable upon request if no license has been issued 5 Application fees are non refundable Rulemaking Authority 455 2035 455 219 1 468 8312 1 468 8325 FS Law Implemented _455 213 2 455 219 455 2281 455 271 468 8312 468 8315 468 8317 FS History New i 61 30 301 Delinquent License 1 Any license status not renewed prior to the end of each biennial renewal period will automatically convert to a delinquent status 2 A licensee may convert a delinquent status license to current status by making a request in writing remitting the applicable fee s to the department and complying with the continuing education requirements of Section 468 8316 F S and Rule 61 30 402 F A C 3 The failure of a delinquent status licensee to change the status of the license to current before the expiration of the current licensure period shall render the license void without any further action by the department 4 A revoked or void license may not be renewed Anyone with a revoked or null and void license who wishes to provide professional home inspection related services shall apply as though never before licensed or apply for discretionary hardship reinstatement pursuant to Section 455 271 6 b F S and Rule 61 30 403 F
22. e irrigation system supply of if the function flow at the time of the inspection or thereafter will meet the client s needs c Operate safety valves or shut off valves Rulemaking Authority 468 8325 FS Law Implemented 468 8323 468 832 1 j FS History New 61 30 807 Standards of Practice Interior Components 1 The inspector shall inspect a Interior walls ceilings and floors b Steps stairways and railings c Countertops and representative number of installed cabinets d Garage doors and garage door operators e A representative number of doors and windows and their operating locks and latches or other opening mechanisms f The interior doors and windows and their operating mechanisms locks and latches g The insulation and vapor retarders in unfinished spaces 2 The inspector shall describe a The insulation and vapor retarders in unfinished spaces b The absence of insulation in unfinished spaces at conditioned surfaces 3 The inspector is not required to disturb insulation 4 The inspector is not required to inspect a Paint wallpaper window treatments and other specialty finish treatments b Carpeting c Window treatments d Central vacuum systems e Recreational facilities 5 The inspector is not required to open or operate any windows or doors and access covers that are permanently or temporaril
23. elated to practice of suspension or revocation denial of license the licensee s profession 455 227 1 n Exercise influence on client for improper Fine up to 1000 plus reprimand Fine up to 5000 plus reprimand financial gain of licensee or third party probation suspension or probation suspension revocation revocation 455 227 1 o Practicing or offering to practice beyond Fine up to 1000 plus reprimand Fine up to 5000 plus the scope of a license probation suspension 455 2271 p Delegating or contracting for the Fine up to 1000 plus reprimand Fine up to 5000 plus suspension performance of professional probation revocation responsibilities by a person when the licensee delegating or contracting for performance knows or has reason to know such person is not qualified by training experience and authorization when required to perform them 455 227 1 q Violating any provision of Chapter 468 Fine up to 1000 plus reprimand Fine up to 2500 plus probation Part XV or 455 rules of the department probation suspension or any lawful order of the department 455 227 1 r Improperly interfering with an Fine up to 1000 plus reprimand Fine up to 1000 plus suspension investigation inspection or disciplinary probation suspension or denial of revocation denial of licensure proceeding licensure 455 227 1 t _ Failing to report in writing t
24. eport e Inspect 1 Systems or components which are not installed or readily accessible 2 Installed decorative items 3 Systems or components located in areas that are not entered in accordance with these Standards of Practice 4 Detached structures other than garages and carports 5 Common elements or common areas in multi unit housing such as condominium properties or cooperative housing f Perform any procedure or operation which will in the opinion of the inspector likely to be dangerous to the inspector or other persons or damage the property or its systems or components This situation shall be noted in the home inspection report g Describe or report on any system or component that is not included in these Standards and was not inspected h Move furniture appliances lawn and garden equipment tools stored items personal belongings wall or floor decorations floor covering suspended ceilings clothing debris soil snow ice or any items or material that blocks view and or access to areas components or structure This situation will be noted in the home inspection report 3 Home Inspectors shall not practice beyond the scope of their license as a home inspector The following actions are beyond the scope of a Home Inspector License a Identifying concealed conditions or latent defects b Determining 1 The strength adequacy effectiveness or efficiency of any system or component 2 The causes of any
25. ered in a disciplinary proceeding or of failing to comply with a lawfully issued subpoena of the division and 4 The absence of other information generated int her course of the application process which negatively reflects on the applicant s moral character including for example gross misconduct or gross negligence in the applicant s prior work experience whether or not the prior work was related to the professional responsibilities of a home inspector and 5 That the applicant has not committed the following in connection with an application a Given to the department a check for payment of any fee when there are insufficient funds with which to pay the same if the applicant upon notification by the department fails to redeem the check or otherwise pay the fee within 30 days of the date of written notification by the department or b Failed to provide full and complete disclosure or failed to provide accurate information Rulemaking Authority 455 2035 455 217 1 468 8313 7 468 8325 FS Law Implemented 455 213 468 5313 468 8314 FS History New 61 30 103 Examination Any person desiring an initial license by examination as a home inspector must pass one of the written examinations approved by the department The department approves the following written examinations 1 The National Home Inspector Examination NHIE approved by the department and g
26. fe 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 31 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 32 Training Day The equivalent of 8 hours an hour being no less than 50 minutes of instruction including breaks and lunch 33 Prelicensure Education Course An initial course of study approved by the department which provides the educational experience required to certify an individual for licensure as a home inspector pursuant to Rule 61 30 102 F A C and Section 468 8313 F S Each course of study must be offered as a single course by a single course provider 34 Continuing Education Course A course related to the practice of home inspection Sales presentations of home inspection products shall not qualify as continuing education courses 35 Prelicensure Education Provider An entity and any of its agents approved by the department to engage in providing prelicensure education courses as required by this chapter 36 Continuing Education Provider An entity and any of its agents approved by the department to engage in providing continuing educa
27. hardship reinstatement pursuant to Section 455 271 6 b F S and Rule 61 30 403 F A C Rulemaking Authority 455 02 2 455 2035 468 8315 2 468 8325 FS Law Implemented 455 02 2 455 271 468 8315 468 8316 FS History New 61 30 402 Continuing Education Requirements for Biennial Renewal 1 Prior to the expiration of each biennial licensure period and as a condition for renewal of the home inspector license each person licensed pursuant to Chapter 468 Part XV Florida Statutes shall complete a minimum of fourteen 14 hours of continuing education which shall include at a minimum all of the following subjects as they relate to the practice of home inspection a A minimum of two 2 hours of instruction regarding building systems b A minimum of two 2 hours of instruction regarding inspection methods c A minimum of one 1 hour of instruction regarding reporting d A minimum of one 1 hour of instruction regarding professional practice standards of practice e A minimum of six 6 hours of general instruction in home inspection techniques which may include department approved continuing education courses approved by the Construction Industry License Board the Board of Professional Engineering the Board of Architecture and Interior Design the Building Code Administrators and Inspectors Board or the Electrical Contractors Licensing Board A minimum of t
28. hods or type d On the presence or absence of smoke detectors e On the presence or absence of Carbon Monoxide detectors 3 The inspector is not required to inspect a Remote control devices b Security alarm systems and components c Low voltage wiring systems and components ancillary wiring and systems and components not a part of the primary electrical power distribution system d Generators photovoltaic solar collectors or battery or electrical storage devices and associated equipment 4 The inspector is not required to a Measure amperage voltage or impedance b Perform a load calculation c Insert any tool probe or device into any electrical component d Determine the accuracy of circuit labeling Rulemaking Authority 468 8325 FS Law Implemented 468 8323 468 832 1 j FS History New 61 30 804 Standards of Practice HVAC Systems 1 Heating and air conditioning components a The inspector shall inspect the following readily accessible heating and air conditioning components 1 Installed heating equipment 2 Fuel storage and fuel distribution systems 3 Vent systems flues and chimneys 4 Ductwork and air distribution components 5 The mechanical ventilation systems b The inspector shall describe within the heating and air conditioning component 1 The heating system energy source s 2 The heating
29. ial component equipment or system or information related to recall notices 18 Installation conformance to manufacturers instructions for any product component element device or system c Offering to 1 Perform any act or service contrary to law 2 Perform engineering architectural services 3 Perform work in any trade or any professional service other than home inspection d Inspecting 1 Underground items including but not limited to underground storage tanks or other indications of their presence whether abandoned or active 2 Recreational facilities e Dismantling any system or component except as explicitly required by these Standards of Practice f Utilizing special instruments tools or measuring devices of any kind to measure moisture humidity water or air volume water or air flow water potability air quality temperature voltage amperage electrical grounding polarity and continuity VOC s microwaves electromagnetic fields and other similar kinds of conditions or activities g Operating equipment appliances or devices on more than one cycle zone or phase or operate any device appliance system or equipment which in the opinion of the inspector may fail during the act of inspection and h Providing any information from any source regarding property ownership property boundaries liens outstanding loans code violations reports of hazardous materials manufacturers recalls Co
30. ial for damage to the air conditioning system Rulemaking Authority 468 8325 FS Law Implemented 468 8323 468 832 1 j FS History New 5 61 30 805 Standards of Practice Roof Covering 1 The inspector shall inspect a The roofing materials b The flashings c The skylights chimneys and roof penetrations d The roof drainage systems e The ventilation of attics and foundation areas 2 The inspector shall describe a The roofing materials b The methods used to inspect the roof c The absence of insulation in unfinished spaces at conditioned surfaces 3 The inspector is not required to inspect a Components or systems that are not readily accessible b Antenna or other installed accessories c Interiors of flues or chimneys which are not readily accessible 4 The inspector is not required to walk on the roof surface when in the opinion of the inspector the following conditions exist a The roof slope is excessive to safely walk on b There is no safe access to the roof c The climatic conditions render the roof unsafe to walk on d The condition of the roofing material or roof decking renders the roof unsafe to walk on e Walking on the roof may cause damage to the roof covering materials f Walking will place any liability or danger to the homeowner or other represen
31. iven by the Examination Board of Professional Home Inspectors EBPHI Applicants must achieve a passing grade pursuant to the requirements of the NHIE Sections 455 217 and 468 8313 4 F S 2 Any other examination approved of by the department for the purposes of examination under Section 468 8313 F S Rulemaking Authority 455 2035 455 217 1 d 468 8325 FS Law Implemented 455 217 468 8313 FS History New 61 30 201 Fees 1 The following fee schedule is adopted by the department a Application fee 125 00 b Licensure fee If application is submitted in the first 12 months of a biennium 200 00 If application is submitted in the second 12 months of a biennium 100 00 c Licensure by Endorsement fee 200 00 d Biennial license renewal fee 200 00 e Biennial inactive license renewal fee 100 00 f Change of status fee active to inactive inactive to active 200 00 g Reactivation 200 00 h Continuing Education Provider license fee 500 00 i Prelicensure Education Provider license fee 500 00 j Delinquent fee 100 00 k Unlicensed activity fee 5 00 1 Continuing Education Provider renewal fee 500 00 m Prelicensure Education Provider renewal fee 500 00 2 The fees shall be made payable to the Department of Business and_Professional Regulation Any fees due to the testing vendor shall be made payable directly to the ven
32. linary guidelines Nothing provided in this section shall restrict the department from seeking full prosecution in such instances where aggravating circumstances are present which would preclude a minor violation dismissal Rulemaking Authority 455 225 3 FS Law Implemented 455 225 468 832 468 8319 120 695 1 FS History New 61 30 604 Citations 1 The following violations may be resolved by the issuance of a citation pursuant to Section 455 224 F S and Chapter_61 30 F A C Violation a Practice by an individual with an inactive or delinquent license in violation of Section 468 832 1 i F S b Failure to commence corrective action within 15 days of the department s issuance of a notice of noncompliance or where the offense is other than the initial one in violation of Rule 61 30 603 F A C c Failure to provide a copy of the dislosure of the scope and exclusions of a home inspection prior to contracting for or commencing a home inspection in violation of Section 468 8321 F S d Failure to maintain at least 300 000 general liability insurance coverage in violation of Section 468 8322 F S Fine 1 000 00 500 00 1 000 00 1 000 00 2 In addition to the penalties specified above the department may recover the costs of investigation associated with the citation 3 Citations shall
33. nse 468 832 1 c Having a license to practice home Fine up to 1000 plus reprimand Fine up to 5000 plus reprimand or inspection services revoked suspended probation suspension or probation suspension or 455 227 1 f denied or acted against in another state revocation revocation territory or country 468 832 1 d Being convicted found guilty pleaing Fine up to 1000 plus reprimand Fine up to 5000 plus revocation or nolo contendere to regardless of suspension or revocation 455 227 1 c adjudication a crime in any jurisdiction that directly relates to the practice or ability to practice home inspection services 468 832 1 e Making or filing a report or record the Fine up to 1000 plus reprimand Fine up to 5000 plus revocation or licensee knows to be false willfully probation suspension or 455 227 1 failing to file a record or report required revocation by state or federal law willfully impeding or obstructing such filing 468 832 1 f Advertising goods or services in a Fine up to 1000 plus reprimand Fine up to 5000 plus manner that is fraudulent false probation or suspension peprimand probation suspension deceptive or misleading in form or pevocation content 468 832 1 g Engaging in fraud deceit negligence Fine up to 5000 plus reprimand Fine up to 5000 plus reprimand in
34. nstrued as limiting the scope of the inspection process in those areas where the inspector is qualified and or has special knowledge 4 The inspector shall inspect readily accessible installed systems and components of homes listed in these Standards of Practice by using normal operating controls and opening readily openable access panels Where multiple instances of the same component exist a representative number shall be inspected 5 The inspector shall describe when required by these standards systems or components by their type and or significant characteristics 6 The inspector shall report on those systems and components inspected which in the professional opinion of the inspector a Are not functioning properly or b Are unsafe i e create a significant risk of personal injury during normal day to day use or c Are significantly deficient or d Are near the end of their service lives 7 If not self evident to the client at the time of inspection the inspector shall give a reason why in his or her opinion the system or component was reported as significantly deficient or near the end of its service life 8 The inspector shall make recommendations for correction and or monitoring or further evaluation of the deficiencies that the inspector observed 9 The inspector shall document any systems or components designated for inspection in these Standards of Practice which were present at the time of the home inspe
35. nsumer Protection Agency bulletins and other similar kinds of public information Rulemaking Authority 468 8325 F S Law Implemented 468 8323 468 832 1 j FS History New
36. o the Fine up to 1000 plus reprimand Fine up to 5000 plus revocation department within 30 days after the suspension or revocation licensee is convicted of or entered a plea of nolo contendere or guilty to regardless of adjudication a crime in any jurisdiction 2 Conditions all or any of which may be imposed with probation are a Licensee is placed on probation for a period of time as determined by the department b Failure to comply with any provision of an order shall result in the filing of a new complaint and if the licensee is found to be in violation the license will be suspended until the licensee is compliant c The licensee shall demonstrate compliance with all the conditions of the Probationary Order prior to the lifting of probation d Licensee shall complete no more than 24 hours of continuning eduation courses of a specified type as set forth by the Department e Licensee shall provide quarterly reports setting forth the number and type of home inspections conducted the 3 Aggravating Mitigating Circumstances The existence of aggravating or mitigating circumstances as set forth below will permit deviation from the guidelines upon clear and convincing evidence When considering a Recommended Order the fact that a Hearing Officer may or may not have been aware of aggravating or mitigating circum
37. rience and the application of special knowledge of the mathematical material and engineering services to such professional service or creative work as consultation investigation evaluation planning design and supervision of construction for the purpose of assuring compliance with the specifications and design in conjunction with structures buildings machines equipment works or processes 9 Additional evaluation Examination and analysis by a qualified professional engineer contractor tradesman or service technician beyond that provided by the home inspection 10 Home inspection The process by which a home inspector visually examines the readily accessible systems and Components of a home which describes those systems and Components in accordance with these Standards of Practice 11 Household Appliances Ranges cook tops built in dishwashers food waste disposers garage door openers built in ovens built in microwave ovens refrigerators freezers clothes washers clothes dryers built in trash compactors ceiling fans or whole house fans 12 Inspect To examine readily accessible systems and Components of a building in accordance with these Standards of Practice using normal operating controls and opening readily openable access panels 13 Home Inspector A person hired to examine any system or component of a building in accordance with these Standards of Practice 14 Installed Attached such that removal requires tools
38. rse to which the instructor is assigned b No home inspector or provider who is under disciplinary restrictions pursuant to any order of the department may conduct continuing education Upon receipt of notice that an instructor is under discipline the provider shall within seven 7 days write to the Home Inspection Licensing Program and confirm that the instructor is no longer instructing any course or seminar offered by the provider c Upon a change of instructors the provider shall submit the credentials of the new instructor to the department for approval Rulemaking Authority 455 2035 455 213 6 468 8313 3 468 8316 468 8325 FS Law Implemented 455 213 6 455 2177 4 455 2178 455 2179 468 8313 468 8316 FS History New 61 30 602 Disciplinary Guidelines 1 Whenever the department finds a licensee in violation of a provision of Chapter 455 or 468 Part XV F S the following Disciplinary Guidelines shall be followed Violation Violation Violation 468 Part XV or 455 227 E S probation or suspension suspension revocation 468 832 1 b Attempting to procure a license by Fine up to 1000 plus reprimand Fine up to 5000 plus probation bribery or fraudulent misrepresentations probation suspension revocation suspension revocation denial of or denial of license lice
39. rse completion c The means by which the course provider will be able to satisfactorily demonstrate that stated course hours are consistent with the actual hours spent by each student to complete the course d The means by which the provider will assure qualified instructor s will be available to answer questions and provide students with necessary support during the course e That the student will be required to complete a statement at the beginning and end of the course that indicates that he she personally completed each module session of instruction f The means by which the course provider will verify student identification 4 Continuing education courses must address home inspection subjects and shall not involve the promotion or sale of any products 5 Any substantive changes made to approved courses which shall include instructor changes must be approved by the department before the changed course can be offered Course approval shall be rescinded by the department if such notification is not made or the changes fail to otherwise conform to this rule 6 Course approvals shall be automatically rescinded if the provider status expires or is rescinded by disciplinary action or otherwise 7 Instructors a To demonstrate the education and or experience necessary to instruct home inspectors for continuing education credit instructors must submit a resume and be approved by the department to teach the course or parts of a cou
40. stances prior to recommending a penalty shall not obviate the duty of the department to consider them when brought to its attention prior to the issuance of a Final Order a Aggravating circumstances circumstances which may justify deviating from the disciplinary guidelines include but are not limited to 1 History of previous violation of the practice act or the rules promulgated thereunder 2 The magnitude and scope of the project and the damage inflicted upon the public 3 Evidence of violation of professional practice acts in other jurisdictions which resulted in discipline by the regulatory authority 4 Failure to attempt to correct the violation by the licensee 5 Any other relevant aggravating circumstances b Mitigating circumstances circumstances which may justify deviating from the disciplinary guidelines include but are not limited to 1 In cases of negligence the minor nature of the project in question and the lack of danger to the public health safety or welfare which resulted 2 Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices or has practiced 3 Restitution of any damages suffered by the licensee s client 4 Remedial steps taken by the licensee to avoid similar violations in the future 5 Attempts by the licensee to correct the violation 6 Any other relevant mitigating circumstances Rulemaking Authority 455 2035 455 227 3 455 2273 468 8325 FS
41. tatives involved in the home inspection process 5 The inspector is not required to disturb insulation Rulemaking Authority 468 8325 FS Law Implemented 468 8323 468 832 1 j FS History New 61 30 806 Standards of Practice Plumbing System 1 The inspector shall inspect a The interior water supply piping and distribution systems including all fixtures faucets and components b The drain waste and vent systems including all plumbing fixtures c The water heating equipment d The vent systems flues and chimneys e The drainage sumps sump pumps and related piping 2 The inspector shall describe a The materials used for water supply drain waste and vent piping b The water heating equipment including the energy source c The location of main water and main fuel shut off valves 3 The inspector is not required to inspect a The wells or water storage related equipment b The water conditioning systems c The solar water heating systems d The fire sprinkler systems e The private waste disposal systems f The test shower pans tub and shower surround for leakage g The irrigation system s 4 The inspector is not required to determine a Whether water supply and waste disposal systems are public or private b The quantity or quality of the water supply including the quantity or quality of th
42. terior doors c The attached decks balconies stoops steps porches and their associated railings d The eaves soffits and fascias where accessible from the ground level e The walkways patios and driveways leading to the dwelling entrances f The ventilation of attics and foundation areas 2 The inspector shall describe the exterior siding cladding 3 The inspector is not required to inspect a Window and door screening shutters awnings and similar seasonal or protective accessories and devices b Fences c Geological geotechnical or hydrological d Recreational facilities e Outbuildings f Swimming pools seawalls break walls boat lifts and or docks g Erosion control and earth stabilization measures 4 The inspector is not required to move furniture appliances lawn and garden equipment tools stored items wall decorations floor covering clothing or any items that block the view and access to components or structure Rulemaking Authority 468 8325 FS Law Implemented 468 8323 468 832 1 j FS History New 61 30 811 Standards of Practice Site Conditions that Affect the Structure 1 The inspector shall inspect the vegetation grading surface drainage and retaining walls on the property when any of these are likely to adversely affect the structure 2 The inspector is not required to inspect a Geological geotechnic
43. tion courses as required by this chapter 37 Course Instructor Any person approved by the department to conduct training for a department approved course The instructor s curriculum vitae must demonstrate particular education knowledge experience or skill which sets the applicant apart from those he or she will instruct 38 Directly Supervise To direct and exercise control over the activities of a person by being physically present at the job site Rulemaking Authority 455 2035 455 2178 5 468 8325 FS Law Implemented 455 2178 455 2179 468 8311 468 8313 3 FS History New 61 30 102 License Requirements 1 Any person desiring to be licensed as a home inspector must apply to the department in writing using form DBPR HI 0401 Application for Licensure effective July 2012 adopted and incorporated herein by reference The form may be obtained by contacting the department at the following address Home Inspection Licensing Program 1940 N Monroe Street Tallahassee Florida 32399 0783 or at 2 For the purposes of department evaluation of applications a Provide proof of completion of a course of study approved by the department in home inspection services of not less than 120 hours that covers at a minimum the following subject contents as referenced in the National Home Inspector Ex
44. val for reinstatement and activation of the previous license if the individual failed to renew his or her license due to illness or economic hardship by fulfilling the requirements in section 2 and 3 of this rule 2 Complete the form DBPR HI 0401 Application for Licensure effective July 2012 The form may be obtained by contacting the department at the following address Home Inspection Licensing Program 1940 N Monroe Street Tallahassee Florida 32399 0783 or at The application may include a letter requesting reinstatement under this rule and documentan to establish illness or economic hardship including the nature and duration 3 The applicant shall complete of 28 hours of approved continuing education and pay an application fee licensure fee and a delinquent fee as listed in rule 61 30 201 Specific Authority 455 2035 455 219 468 8315 468 8325 F S Law Implemented 455 271 6 b 9 455 219 468 8314 468 8315 F S _History New 61 30 501 Provider Approval Prelicensure and Continuing Education 1 Each prelicensure education provider and continuing education provider must be approved by the department 2 Applications for initial course provider must be submitted with the fees as described in Rule 61 30 201 F A C using the Home Inspector Provider Application form number DBPR HI 0403 Application for Education Provider effective July 2012 adopted and incorporate
45. wo 2 hours of instruction regarding hurricane mitigation training which shall include training on completion of the Uniform Mitigation Verification Form and instruction regarding 1 Roof deck attachment 2 Secondary roof water barrier 3 Roof covering gable end bracing 4 Reinforce roof to wall connection 5 Opening protection 6 Exterior doors or 7 Other hurricane mitigation methods 2 Continuing education credits may only be obtained for the completion of courses or seminars offered by education providers approved by the department the Construction Industry License Board the Building Code Administrators and Inspectors Board or the Electrical Contractors Licensing Board a A licensee who is an instructor may obtain continuing education credits in the amount of the credits allowed for that course or seminar for his her first presentation of such course or seminar presentation b No licensee may claim credit until after the credit has been earned by that licensee 3 Licensees need not comply with continuing education requirements prior to the licensee s first full renewal cycle Rulemaking Authority 455 2035 468 8315 468 8316 468 8325 FS Law Implemented 455 2124 468 8315 468 5316 FS History New 61 30 403 Discretionary Hardship Reinstatement of Void Licenses 1 A former licensee may apply to seek department appro
46. y secured by mechanical means are painted shut or are blocked by stored items or furniture Rulemaking Authority 468 8325 FS Law Implemented 468 8323 468 832 1 j FS History New 61 30 808 Standards of Practice Fireplaces And Solid Fuel Burning Appliances 1 The inspector shall inspect a System components b Vent systems flues and chimneys 2 The inspector shall describe a Fireplaces and solid fuel burning appliances b Chimneys 3 The inspector is not required to inspect a The fire screens and doors if not permanently attached b The seals and gaskets c The automatic fuel feed devices d The mantles and fireplace surrounds e The combustion make up air devices f The heat distribution assists whether gravity controlled or fan assisted 4 The inspector is not required to a Ignite or extinguish fires b Light gas fireplaces or heaters or other unlit pilot light device c Determine draft characteristics d Move fireplace inserts or stoves or firebox contents Rulemaking Authority 468 8325 FS Law Implemented 468 8323 468 832 1 j FS History New 61 30 809 Standards of Practice Household Appliances 1 The inspector shall inspect household appliances for normal operation using normal operating controls to activate a primary function 2 The inspector shall descri
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