Policy #08-01

Enacted February 4, 2008

Purpose:

New regulations governing the practice of the profession of Home Inspecting took effect on January 25, 2008. The purpose of this bulletin is to offer guidance to Home Inspectors and their staff on the implementation of the new regulations.

Policy:

IN ORDER TO ALLOW A REASONABLE TIME FOR LICENSED HOME INSPECTORS TO COME INTO COMPLIANCE WITH THE NEW REGULATIONS, THE BOARD WILL REFRAIN FROM TAKING ENFORCEMENT ACTIONS FOR VIOLATIONS OF THE NEW REGULATIONS (WHERE THE REGULATIONS IMPOSE A HIGHER STANDARD) UNTIL MAY 31, 2008.

Discussion:

The Board, by unanimous vote, has decided to phase in the regulations.

The Board will fully enforce the new regulations on June 1, 2008. This policy will allow applicants to utilize the existing regulations until June 1, 2008. Inspectors are encouraged to use the new Standards of Practice prior to the June 1, 2008. Should any inspector decide to take advantage of this option they should understand that if a Board complaint is filed against them the complaint will be adjudicated by the Board under the new Standards of Practice. All complaints regarding home inspections completed on and/or after June 1, 2008 will be processed and adjudicated in accordance with the new regulations.

UNTIL MAY 31, 2008, ALL APPLICATIONS FOR HOME INSPECTOR OR ASSOCIATE HOME INSPECTOR LICENSURE WILL BE PROCESSED UNDER THE STANDARDS SET FORTH IN THE REGULATIONS THAT WERE EFFECTIVE UNTIL JANUARY 25, 2008.

Discussion:

At the January 30, 2008, Board meeting the Board voted to direct its staff to process application using the standards that existed until January 25, 2008 until May 31, 2008.

HOME INSPECTORS ARE REQUIRED TO COMPLETE 12 CREDIT HOURS OF CONTINUING EDUCATION BY MAY 31, 2008.

Discussion:

At the January 30, 2008, Board meeting the Board voted that the provision of the new regulations reducing the number of hours of continuing education required from twenty-four (24) to twelve (12) will take effect immediately. In the interest of fairness, the Board will not enforce the provision requiring four (4) credit hours on the standards of practice and one (1) on ethics until the renewal period that takes effect on June 1, 2008. Consequently, all licensees must have completed four (4) credit hours dedicated to the 266 CMR standards of practice and one (1) credit hour dedicated to professional ethics between May 31, 2008 and May 31, 2010 in order to meet the renewal requirements set forth in 266 CMR 5.01.