By the Division of Professional Licensure


 


Q . Has the Board approved a seal for Home Inspectors?

A: Yes:

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Q . Where can I have the seal and/or stamp made?

A: See the yellow pages and or the internet for manufacturers.

 

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Q . The new standards require the Definitions, in section 2.00, the list of Questions, in section 6.03, and the Standards themselves be attached and/or imbedded in the report; can I use a URL (Uniform Resource Locator) or do I have to physically attach and/or embed them in the report?

A: The definitions, questions, and Standards of Practice must be physically attached to the report, URL link is not acceptable.

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Q . As a professional Home Inspector what are my obligations to the profession?

A: The inspector shall make every effort to prevent unprofessional conduct, which undermines public confidence in the integrity of the home inspection profession. Further, registrants shall report and cooperate with the Board in their investigation of a complaint and/or allegation regarding a registrant's conduct as a Home Inspector to ensure that all licensees uphold, maintain, and improve the professional integrity, reputation, and practice of the home inspection profession.

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Q . Can I obtain a license under the grandfathering clause?

A: No. Pursuant to the Massachusetts General Laws Chapter 146 Acts of 1999, grandfathering ended on November 1, 2001.

 

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Q . What are the requirements to become a licensed Associate home inspector?

A: The requirements for licensing of an Associate Home Inspector are listed in 266 CMR 3.01(2) (a).

 

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Q . What are the requirements to become a licensed Home inspector?

A: The requirements for licensing of a Home Inspector are listed in 266 CMR 3.01(2) (b).

 

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Q . I'm a licensed professional (construction supervisor, engineer, builder, or carpenter); can I obtain a home inspector license?

A: No, you must follow the procedure outlined in 266 CMR 3.00 "PROCEDURE FOR REGISTRATION"

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Q . Does Massachusetts have reciprocity with any other states?

A: Yes, the States of Washongton and Connecticut.

 

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Q . What if I have the experience and education requirements but the state I reside in does not require licensure at this time?

A: 266 CMR 3.00 clearly indicates that the only experience acceptable under the law is experience gained under the direct and/or indirect supervision of a licensed Massachusetts Home Inspector. The educational requirements to become a licensed home inspection, in Massachusetts are spelled out in 266 CMR 3.01, 4.00 and 5.00. Educational Training credits and Continuing Educational credits earned outside of the Commonwealth of Massachusetts may be counted on a one to one basis.

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Q . Do Board approved training programs exist?

A: The Board's approved training program is contained in 266 CMR 4.00 "ASSOCIATE HOME INSPECTOR TRAINING PROGRAM REQUIREMENTS". The outline for program approval is contained in 266 CMR 5.05 "EDUCATIONAL PROVIDERS' AND PROGRAMS".

 

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Q . Has the Board reviewed the National Home Inspector Exam?

A: Yes, various Board members have participated in the development of questions and/or have review proposed questions for the National Home Inspector Examination.

 

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Q . Is the Board accepting any other examination outside of the National Home Inspector Exam?

A: No, not at this time.

 

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Q . What is the passing score of the exam?

A: To pass the National Home Inspector Exam, candidates must get 70 percent of the questions correct. However, each question is not equal in grade value. The passing point is set by accepted psychometric methodology and is actually a "scaled score" similar to the scoring on the ACT or SAT tests for college entry. To obtain more information, please access the examination board's Web site .

 

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Q . How do I get in touch with the Examination Board of Professional Home Inspectors (EBPHI)?

A: To contact EBPHI or to the register for the National Home Inspector Examination (NHIE), please visit homeinspectionexam.org , or call 1-847-298-7750.

 

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Q . Are home inspectors required to hire trainees?

A: No.

 

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Q . How long is the training program?

A: The Board's approved training program is contained in 266 CMR 4.00 "ASSOCIATE HOME INSPECTOR TRAINING PROGRAM REQUIREMENTS". There is no time limit on the training program.

 

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Q . If I already have my Associate Home Inspector's license prior to May 31, 2008, will I be required participate in the Associate Home Inspector Training Program?

A: Yes, but only to the extent of securing the 125 fee paid home inspections needed to qualify for the Home Inspectors' license as prescribed under Section 4.04.

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Q . Can time received during a training course count towards the total number of required inspections (125).

A: 266 CMR 3.00 clearly indicates that Mock Inspections shall not be counted towards the required 125 Fee Paid inspections.

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Q . what is a fee paid inspection?

A: A Home Inspection carried out in accordance with 6.04 et seq for which the Client pays a fee and receives a Report.

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Q . What is a Client?

A: A person who engages the services of a Home Inspector for the purpose of obtaining inspection of and a written Report On the condition of a Dwelling and/or Residential Building(s).

 

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Q . As an Associate Home Inspector, can I advertise?

A: No, 266 CMR 4.07 states: Associate Home Inspectors and Trainees are prohibited from advertising as a Home Inspector and/or as a home inspection firm, company, franchise, corporation and/or business. Further, Trainees and/or Associate Home Inspectors shall be prohibited from operating a home inspection firm, company, corporation and/or business unless there is a duly licensed Home Inspector on staff who is responsible for all inspection activities and all inspections comply with 266 CMR 6.00 et seq.

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Q . can an Associate Home Inspector and/or a Trainee sign business related documents (contracts, agreements, etc.)?

A: No, Associate Home Inspectors and Trainees are prohibited from signing sales and other business related documents unless the name, license number and signature of the supervisor are on the document.

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Q . What is a Trainee?

A: A person in the Associate Home Inspector Training Program for the purpose of meeting the requirements of Massachusetts General Laws section 223 to qualify for licensure as an Associate Home Inspector.

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Q . Do you have a listing of home inspectors that will accept Trainees?

A: No, pursuant to Massachusetts General Laws Chapter 13 Section 97, the Board shall make available to the public a list of licensed home inspectors. This list is accessible on the Board's Web site . Although the Board does not recommend employers, contact information is available from the list.

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Q . What is the process for a provider/instructor or school approved by Massachusetts Department of Education to obtain Board approval?

A: 266 CMR 5.05 "EDUCATIONAL PROVIDERS' AND PROGRAMS" contains all of relevant information.

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Q . Can real estate brokers and salespersons refer home inspectors?

A: Pursuant to Massachusetts General Laws Chapter 112 Section 87 YY ½. Only a real estate broker or salesperson who has a written contractual agreement or a written agency disclosure between the buyer and the real estate broker specifying that the real estate broker is acting exclusively for the buyer as a buyer's broker may refer home inspectors.

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Q . Where can I find a list of licensed home inspectors?

A: The Board has a complete listing available online .

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Q . Are home inspections mandatory in Massachusetts?

A: No. However, pursuant to Massachusetts General Laws Chapter 112 Section 87YY 1/2, real estate brokers and salespersons are required, at the time of the signing of the first contract, to distribute a home inspection brochure published by the Office of Consumer Affairs and Business Regulations. Real estate professionals are also required to distribute a complete list of licensed home inspectors upon request.

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Q . Do home inspectors test for radon, termites and asbestos and/or deal with septic system issues?

A: Inspectors are not required to test for radon or asbestos and/or inspect for wood destroying insects or deal with septic systems. However, 266 CMR 6.07 "OPTIONAL FEE BASED SERVICES" does allows inspectors to provided additional fee based services to their Clients at the time of their original inspection, including, but not limited to any exclusion listed in 266 CMR 6.00 et see the "STANDARDS OF PRACTICE", provided it is not prohibited under 266 CMR 6.06 "PROHIBITIONS" and they are appropriately licensed.

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Q . Where can I get information about septic systems, radon, lead and asbestos?

A: Septic system information can be obtained by contacting the Department of Environmental Protection at (617) 292-5500. Radon information can be obtained by contacting the Department of Public Safety at (617) 727-3200. Lead paint and asbestos information can be obtained by contacting the Department of Labor and Workforce Development at (617) 727-6573.

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Q . Is a home inspector allowed to give cost estimates on a component or system found deficient during the inspect inspection?

A: No, under 266 CMR 6.06 "PROHIBITIONS" inspectors are prohibited from giving cost estimates on a dwelling they have inspected that are pursuant to the sales and transfer of that dwelling.

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Q . How do I file a complaint against a home inspector?

A: You can download a complaint form pdf format of Application for Complaint Form
or call the Office of Investigations at (617) 727-7406.

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Q . How do I comply with the requirement of 266 CMR 6.08?

A: The language of 6.08 allows distribution of the document at or before closing. This language allows for distribution at the inspection. A home inspector is in compliance with the regulation if he or she: provides the client a copy of the brochure provided by Masssave; provides the client with a copy of the brochure downloaded from the Board's website; provides the client with a copy of the word document posted on the Board's website; or embeds the language from the word document into his or her Report.

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