Bill Text: IA SF26 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act establishing a home inspector licensing program, establishing a home inspector examining board, providing civil and criminal penalties, and including effective date and applicability provisions. (See SF 497.)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [SF26 Detail]
Download: Iowa-2011-SF26-Introduced.html
Senate
File
26
-
Introduced
SENATE
FILE
26
BY
JOCHUM
A
BILL
FOR
An
Act
establishing
a
home
inspector
licensing
program,
1
establishing
a
home
inspector
examining
board,
providing
2
civil
and
criminal
penalties,
and
including
effective
date
3
and
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
104.1
Title.
1
This
chapter
may
be
known
and
cited
as
the
“Iowa
Home
2
Inspector
Licensing
Act”
.
3
Sec.
2.
NEW
SECTION
.
104.2
Definitions.
4
As
used
in
this
chapter,
unless
the
context
otherwise
5
requires:
6
1.
“Applicant”
means
a
person
who
applies
to
the
board
for
7
a
license
under
this
chapter.
8
2.
“Board”
means
the
home
inspector
examining
board
as
9
established
pursuant
to
section
104.3.
10
3.
“Department”
means
the
Iowa
department
of
public
safety.
11
4.
“Governmental
subdivision”
means
any
city,
county,
or
12
combination
thereof.
13
5.
“Home
inspection”
means
the
examination
and
evaluation
14
of
the
exterior
and
interior
components
of
residential
real
15
property,
which
includes
the
inspection
of
any
two
or
more
16
of
the
following
components
of
residential
real
property
in
17
connection
with
or
to
facilitate
the
sale,
lease,
or
other
18
conveyance
of,
or
the
proposed
sale,
lease,
or
other
conveyance
19
of,
residential
real
property:
20
a.
Heating,
ventilation,
or
air
conditioning
system.
21
b.
Plumbing
system.
22
c.
Electrical
system.
23
d.
Structural
composition.
24
e.
Foundation.
25
f.
Roof.
26
g.
Masonry
structure.
27
h.
Any
other
residential
real
property
component
established
28
by
rule
under
this
chapter.
29
6.
“Home
inspector”
means
a
person
who,
for
compensation
30
either
direct
or
indirect,
performs
home
inspections.
31
7.
“Residential
real
property”
means
real
property
that
is
32
an
owner-occupied
single-family
or
two-family
dwelling
located
33
in
this
state
and
occupied
or
used
or
intended
to
be
occupied
34
or
used
for
residential
purposes,
including
an
interest
in
any
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real
property
covered
under
chapter
499B.
1
Sec.
3.
NEW
SECTION
.
104.3
Home
inspector
examining
board.
2
1.
A
home
inspector
examining
board
is
created
within
the
3
Iowa
department
of
public
safety.
4
2.
The
board
shall
be
comprised
of
nine
members
as
follows:
5
a.
The
commissioner
of
public
safety
or
the
commissioner’s
6
designee.
7
b.
The
director
of
public
health
or
the
director’s
designee.
8
c.
The
state
building
code
commissioner
or
the
9
commissioner’s
designee.
10
d.
The
state
fire
marshal
or
the
fire
marshal’s
designee.
11
e.
One
plumbing
inspector.
12
f.
One
mechanical
inspector.
13
g.
One
electrical
inspector.
14
h.
One
contractor
who
primarily
works
in
rural
areas.
15
i.
One
contractor
who
primarily
works
in
urban
areas.
16
The
board
members
enumerated
in
paragraphs
“e”
through
17
“i”
,
shall
be
appointed
by
the
governor
and
are
subject
to
18
confirmation
by
the
senate.
19
3.
Members
enumerated
in
subsection
2,
paragraphs
“e”
20
through
“i”
,
shall
serve
three-year
staggered
terms
and
21
shall
serve
no
more
than
three
full
terms.
A
vacancy
in
the
22
membership
of
the
board
shall
be
filled
in
the
same
manner
as
23
the
original
appointment.
24
4.
If
a
person
who
has
been
appointed
to
serve
on
the
board
25
has
ever
been
disciplined
by
the
board,
all
board
complaints
26
and
statements
of
charges,
settlement
agreements,
findings
of
27
fact,
and
orders
pertaining
to
the
disciplinary
action
shall
be
28
made
available
to
the
senate
committee
to
which
the
appointment
29
is
referred
at
the
committee’s
request
before
the
full
senate
30
votes
on
the
person’s
appointment.
31
5.
The
board
shall
organize
annually
and
shall
select
a
32
chairperson
and
a
secretary
from
its
membership.
A
quorum
33
shall
consist
of
a
majority
of
the
members
of
the
board.
34
6.
Members
of
the
board
shall
receive
actual
expenses
for
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their
duties
as
a
member
of
the
board.
Each
member
of
the
board
1
may
also
be
eligible
to
receive
compensation
as
provided
in
2
section
7E.6.
3
Sec.
4.
NEW
SECTION
.
104.4
Rules.
4
The
board
shall
adopt
all
rules
necessary
to
carry
out
the
5
licensing
and
other
provisions
of
this
chapter.
6
Sec.
5.
NEW
SECTION
.
104.5
Standards
of
practice.
7
1.
All
persons
licensed
under
this
chapter
shall
comply
8
with
the
standards
of
practice
established
by
the
board
by
rule
9
pursuant
to
chapter
17A.
10
2.
Standards
of
practice
may
include
recognized
standards
11
and
codes
to
be
used
in
a
home
inspection.
The
board
shall
12
consider
nationally
recognized
standards
and
codes
prior
to
13
adopting
rules
for
the
standards
of
practice.
14
3.
The
board’s
standards
of
practice
shall
include
all
of
15
the
following:
16
a.
Requirements
for
home
inspection
reports.
A
home
17
inspection
report
is
a
written
evaluation
prepared
and
issued
18
by
a
home
inspector
upon
completion
of
a
home
inspection.
19
b.
Requirements
for
the
retention
of
records
by
licensed
20
home
inspectors.
21
Sec.
6.
NEW
SECTION
.
104.6
Applications
for
examinations.
22
1.
Any
person
desiring
to
take
an
examination
for
a
license
23
issued
pursuant
to
this
chapter
shall
file
an
application
24
with
the
board
at
least
fifteen
days
before
a
scheduled
25
examination,
on
a
form
provided
by
the
board.
The
application
26
shall
be
signed
by
the
applicant
and
shall
be
accompanied
by
27
the
examination
fee
and
such
documents
and
affidavits
as
are
28
necessary
to
show
the
eligibility
of
the
applicant
to
take
the
29
examination.
The
board
may
require
that
a
recent
photograph
of
30
the
applicant
be
attached
to
the
application.
31
2.
The
form
of
the
application
shall
be
in
accordance
with
32
the
rules
of
the
department
and
the
board.
33
Sec.
7.
NEW
SECTION
.
104.7
Examinations.
34
1.
The
board
shall
give
public
notice
of
the
time
and
place
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of
examinations
to
be
held
under
this
chapter.
Such
notice
1
shall
be
given
in
such
manner
as
the
board
deems
necessary
to
2
provide
adequate
time
to
allow
applicants
for
licensure
to
3
comply
with
the
provisions
of
this
chapter.
4
2.
Examinations
for
the
licenses
which
may
be
issued
5
pursuant
to
this
chapter
shall
be
conducted
by
the
board.
6
Examinations
shall
be
conducted
at
least
two
times
per
year
7
at
such
time
and
location
as
the
department,
in
consultation
8
with
the
board,
may
fix.
Applicants
who
fail
to
pass
an
9
examination
shall
be
allowed
to
retake
the
examination
at
10
the
next
scheduled
time.
If
an
applicant
fails
twice
to
11
pass
an
examination,
any
subsequent
opportunities
to
take
12
the
examination
shall
be
available
only
at
the
discretion
13
of
the
board.
An
applicant
who
has
failed
an
examination
14
may
request
in
writing
information
from
the
board
concerning
15
the
examination
grade
and
subject
areas
or
questions
that
16
the
applicant
failed
to
answer
correctly,
except
that
if
the
17
board
administers
a
uniform,
standardized
examination,
the
18
board
shall
only
be
required
to
provide
to
the
applicant
the
19
examination
grade
and
such
other
information
concerning
the
20
applicant’s
examination
results
that
are
available
to
the
21
board.
22
3.
An
examination
shall
be
evaluated
in
accordance
with
23
the
rules
of
the
board.
After
each
examination,
the
board
24
shall
certify
the
names
of
the
successful
applicants
to
the
25
department
in
the
manner
prescribed
by
the
department.
The
26
department
shall
then
issue
the
proper
license
and
make
the
27
required
entry
in
the
registry
pursuant
to
section
104.14.
28
4.
All
matters
connected
with
an
examination
for
a
license
29
shall
be
filed
with
the
department
and
preserved
for
such
30
period
of
time
as
specified
by
the
state
records
commission
as
31
a
part
of
the
records
of
the
department.
The
records,
except
32
for
records
which
reveal
the
performance
on
an
examination
of
33
an
identified
candidate,
shall
be
open
to
public
inspection.
34
Sec.
8.
NEW
SECTION
.
104.8
Examination
rules.
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The
board
shall
adopt
rules
relating
to
all
of
the
following:
1
1.
The
qualifications
required
for
applicants
seeking
to
2
take
examinations.
3
2.
The
denial
of
applicants
seeking
to
take
examinations.
4
3.
The
conducting
of
examinations.
5
4.
The
grading
of
examinations
and
passing
upon
the
6
technical
qualifications
of
applicants,
as
shown
by
such
7
examinations.
8
5.
The
minimum
scores
required
for
passing
examinations.
9
6.
The
selection
of
nationally
recognized
vendors
providing
10
examinations.
11
Sec.
9.
NEW
SECTION
.
104.9
Examination
assistance.
12
Upon
the
request
of
the
board,
the
department
shall
assign
13
one
or
more
employees
of
the
department
to
assist
with
14
conducting
an
examination.
A
member
of
the
board
shall
be
15
present
and
shall
have
charge
of
all
candidates
during
the
16
examination.
An
employee
assigned
by
the
department
shall
17
perform
such
duties
to
assist
with
the
examination
process
18
as
the
board
may
direct.
If
the
duties
of
such
employee
are
19
performed
away
from
the
seat
of
government,
the
employee
shall
20
receive
necessary
travel
expenses
which
shall
be
reimbursed
by
21
the
board
for
costs
incurred.
22
Sec.
10.
NEW
SECTION
.
104.10
Fees.
23
1.
The
board
shall
set
the
fees
for
the
examination
of
all
24
applicants,
by
rule,
which
fees
shall
be
based
upon
the
cost
of
25
administering
the
examinations.
26
2.
The
board
shall
set
the
license
fees
and
renewal
fees
for
27
all
licenses
issued
pursuant
to
this
chapter,
by
rule,
based
28
upon
the
costs
of
sustaining
the
board
and
the
actual
costs
of
29
licensing.
30
3.
All
fees
collected
under
this
chapter
and
penalties
31
collected
under
section
104.26
shall
be
retained
by
the
board.
32
The
moneys
retained
by
the
board
shall
be
used
for
any
of
the
33
board’s
duties
under
this
chapter,
including
but
not
limited
34
to
the
addition
of
full-time
equivalent
positions
for
program
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services
and
investigations.
Revenues
retained
by
the
board
1
pursuant
to
this
section
shall
be
considered
repayment
receipts
2
as
defined
in
section
8.2.
Notwithstanding
section
8.33,
3
moneys
retained
by
the
board
pursuant
to
this
section
are
not
4
subject
to
reversion
to
the
general
fund
of
the
state.
5
4.
Commencing
July
2012
and
every
biennium
thereafter,
the
6
board
shall
review
its
revenue,
including
amounts
generated
7
from
license
fees
set
pursuant
to
this
chapter,
and
its
8
expenses
for
purposes
of
reevaluating
its
fee
structures.
9
Sec.
11.
NEW
SECTION
.
104.11
License
required
——
exception.
10
1.
A
person
shall
not
perform
a
home
inspection
without
11
obtaining
a
license
issued
under
this
chapter.
12
2.
A
person
shall
not
engage
in
the
business
of
home
13
inspections
unless
at
all
times
a
licensed
home
inspector
14
is
employed
by
the
person
and
is
actively
in
charge
of
15
performing
the
home
inspections.
An
individual
who
performs
16
home
inspections
pursuant
to
a
business
operated
as
a
sole
17
proprietorship
shall
be
a
licensed
home
inspector.
18
3.
The
licensing
requirements
of
this
chapter
shall
not
19
apply
to
an
employee
of
any
unit
of
state
or
local
government,
20
including
but
not
limited
to
cities,
counties,
or
school
21
corporations,
performing
home
inspections
while
acting
within
22
the
scope
of
the
government
employee’s
employment.
23
Sec.
12.
NEW
SECTION
.
104.12
Form
of
license
——
term
of
24
license.
25
1.
a.
A
home
inspector
license
shall
be
in
the
form
of
a
26
certificate
under
the
seal
of
the
department,
signed
by
the
27
Iowa
director
of
public
safety,
and
shall
be
issued
in
the
name
28
of
the
board.
The
license
number
shall
be
noted
on
the
face
of
29
the
license.
30
b.
In
addition
to
the
certificate,
the
board
shall
provide
31
each
licensee
with
a
wallet-sized
licensing
identification
32
card.
33
2.
A
license
issued
pursuant
to
this
chapter
shall
be
issued
34
for
a
term
of
two
years.
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Sec.
13.
NEW
SECTION
.
104.13
License
presumptive
evidence.
1
A
license
issued
under
this
chapter
shall
be
presumptive
2
evidence
of
the
right
of
the
holder
to
perform
home
inspections
3
in
this
state.
4
Sec.
14.
NEW
SECTION
.
104.14
Registry
of
licenses.
5
The
name,
location,
license
number,
and
date
of
issuance
6
of
the
license
of
each
person
to
whom
a
license
has
been
7
issued
shall
be
entered
in
a
registry
kept
in
the
office
of
8
the
department
to
be
known
as
the
home
inspector
registry.
9
The
registry
may
be
electronic
and
shall
be
open
to
public
10
inspection.
However,
the
licensee’s
home
address,
home
11
telephone
number,
and
other
personal
information
as
determined
12
by
rule
shall
be
confidential.
13
Sec.
15.
NEW
SECTION
.
104.15
Change
of
residence.
14
If
a
person
licensed
to
perform
home
inspections
under
this
15
chapter
changes
the
person’s
residence
or
place
of
practice,
16
the
person
shall
so
notify
the
board.
17
Sec.
16.
NEW
SECTION
.
104.16
Preemption
of
local
licensing
18
requirements.
19
1.
The
provisions
of
this
chapter
regarding
the
licensing
of
20
home
inspectors
shall
supersede
and
preempt
all
home
inspector
21
licensing
provisions
of
all
governmental
subdivisions.
On
22
and
after
the
effective
date
of
this
Act,
all
home
inspector
23
licensing
provisions
promulgated
by
any
governmental
24
subdivision
shall
be
null
and
void
and
of
no
further
force
and
25
effect,
and
a
governmental
subdivision
may
not
prohibit
a
home
26
inspector
licensed
pursuant
to
this
chapter
from
performing
27
services
for
which
that
person
is
licensed.
28
2.
Nothing
in
this
chapter
shall
prohibit
a
governmental
29
subdivision
from
assessing
and
collecting
inspection
fees
30
related
to
inspections
performed
by
a
licensed
home
inspector.
31
Sec.
17.
NEW
SECTION
.
104.17
Qualifications
and
32
requirements.
33
1.
The
board
shall
adopt,
by
rule,
general
qualifications
34
for
licensure.
The
board
may
consider
the
past
felony
record
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of
an
applicant
only
if
the
felony
conviction
relates
directly
1
to
the
practice
of
home
inspections.
References
may
be
2
required
as
part
of
the
licensing
process.
3
2.
An
applicant
for
a
home
inspector
license
shall
be
4
at
least
twenty-one
years
of
age
at
the
time
the
applicant
5
completes
the
examination
under
this
chapter.
6
3.
Notwithstanding
section
17A.9A,
the
board
shall
waive
7
the
written
examination
requirements
established
by
the
board
8
if
the
applicant
meets
either
of
the
following
requirements:
9
a.
The
applicant
has
previously
passed
a
written
examination
10
which
the
board
deems
to
be
substantially
similar
to
the
11
licensing
examination
otherwise
required
by
the
board
to
obtain
12
a
license
and
the
applicant
has
completed
at
least
eight
13
classroom
hours
of
continuing
education
in
courses
or
seminars
14
approved
by
the
board
within
the
two-year
period
immediately
15
preceding
the
date
of
the
applicant’s
license
application.
16
b.
The
applicant
can
demonstrate
to
the
satisfaction
of
the
17
board
that
the
applicant
has
five
or
more
years
of
experience
18
prior
to
the
effective
date
of
this
Act
in
home
inspection
19
business,
which
experience
is
of
a
nature
that
the
board
20
deems
to
be
sufficient
to
demonstrate
continuous
professional
21
competency
consistent
with
that
expected
of
an
individual
who
22
passes
the
applicable
licensing
examination
which
the
applicant
23
would
otherwise
be
required
to
pass.
24
Sec.
18.
NEW
SECTION
.
104.18
Insurance
and
surety
bond
25
requirements.
26
1.
An
applicant
for
a
license
or
renewal
of
an
active
27
license
shall
provide
evidence
of
a
public
liability
insurance
28
policy
and
surety
bond
in
an
amount
determined
sufficient
by
29
the
board
by
rule.
30
2.
If
the
applicant
performs
home
inspections
individually
31
through
a
business
conducted
as
a
sole
proprietorship,
the
32
applicant
shall
personally
obtain
the
insurance
and
surety
33
bond
required
by
this
section.
If
the
applicant
is
engaged
34
in
the
home
inspection
business
as
an
employee
or
owner
of
a
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legal
entity,
the
insurance
and
surety
bond
required
by
this
1
section
shall
be
obtained
by
the
entity
and
shall
cover
all
2
home
inspections
performed
by
the
entity.
3
3.
The
insurance
and
surety
bond
shall
be
written
by
an
4
entity
licensed
to
do
business
in
this
state
and
each
licensed
5
home
inspector
shall
maintain
on
file
with
the
department
a
6
certificate
evidencing
that
the
insurance
or
surety
bond
shall
7
not
be
canceled
without
the
entity
first
giving
fifteen
days
8
written
notice
to
the
department.
9
Sec.
19.
NEW
SECTION
.
104.19
Renewal
and
reinstatement
of
10
licenses
——
fees
and
penalties
——
continuing
education.
11
1.
A
license
issued
under
this
chapter
may
be
renewed
as
12
provided
by
rule
adopted
by
the
board
upon
application
by
the
13
licensee
pursuant
to
this
section.
A
renewal
license
shall
be
14
displayed
in
connection
with
the
original
license.
15
2.
The
department
shall
notify
each
licensee
by
mail
at
16
least
sixty
days
prior
to
the
expiration
of
a
license.
17
3.
Applications
for
renewal
shall
be
made
in
writing
to
the
18
department
accompanied
by
the
required
renewal
licensing
fee
at
19
least
thirty
days
prior
to
the
expiration
date
of
the
license.
20
4.
Failure
to
renew
a
license
within
a
reasonable
time
after
21
the
expiration
of
the
license
shall
not
invalidate
the
license
22
for
purposes
of
renewal
or
reinstatement,
but
a
penalty
may
be
23
assessed
as
adopted
by
rule,
in
addition
to
the
license
renewal
24
fee,
to
allow
reinstatement
of
the
license.
25
5.
a.
A
licensee
who
allows
a
license
to
lapse
for
a
26
period
of
one
month
or
less
may
reinstate
and
renew
the
license
27
without
examination
upon
payment
of
the
applicable
renewal
and
28
reinstatement
fees
and
any
penalties
if
assessed.
29
b.
A
licensee
who
allows
a
license
to
lapse
for
a
period
of
30
time
greater
than
one
month
is
required
to
retake
and
pass
the
31
applicable
licensing
examination,
and
pay
the
license
renewal
32
fee
and
penalty
if
assessed,
in
addition
to
the
examination
33
fee,
in
order
to
obtain
reinstatement
and
renewal
of
that
34
person’s
license.
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6.
The
board
shall
establish
continuing
education
1
requirements
pursuant
to
section
272C.2.
The
basic
continuing
2
education
requirement
for
renewal
of
a
license
shall
be
the
3
completion,
during
the
immediately
preceding
license
term,
of
4
the
number
of
classroom
hours
of
instruction
required
by
the
5
board
in
courses
or
seminars
which
have
been
approved
by
the
6
board.
The
board
shall
require
at
least
eight
classroom
hours
7
of
instruction
during
each
two-year
licensing
term.
8
Sec.
20.
NEW
SECTION
.
104.20
Reciprocal
licenses.
9
The
board
may
license
without
examination
a
nonresident
10
applicant
who
is
licensed
under
home
inspector
licensing
11
statutes
of
another
state
having
similar
licensing
requirements
12
as
those
set
forth
in
this
chapter
and
rules
adopted
under
this
13
chapter
if
the
other
state
grants
the
same
reciprocal
licensing
14
privileges
to
residents
of
Iowa
who
have
obtained
Iowa
home
15
inspector
licenses
under
this
chapter.
The
department
and
the
16
board
shall
adopt
the
necessary
rules,
not
inconsistent
with
17
the
law,
for
carrying
out
the
reciprocal
licensing
relations
18
with
other
states.
19
Sec.
21.
NEW
SECTION
.
104.21
Grounds
for
denial,
20
revocation,
or
suspension
of
license.
21
A
license
to
practice
as
a
home
inspector
may
be
revoked
22
or
suspended,
or
an
application
for
licensure
may
be
denied,
23
pursuant
to
procedures
established
pursuant
to
chapter
272C
24
by
the
board,
or
the
licensee
may
be
otherwise
disciplined
in
25
accordance
with
that
chapter,
when
the
licensee
commits
any
of
26
the
following
acts
or
offenses:
27
1.
Fraud
in
procuring
a
license.
28
2.
Professional
incompetence.
29
3.
Knowingly
making
misleading,
deceptive,
untrue,
or
30
fraudulent
misrepresentations
in
the
practice
of
the
profession
31
or
engaging
in
unethical
conduct
or
practice
harmful
or
32
detrimental
to
the
public.
Proof
of
actual
injury
need
not
be
33
established.
34
4.
Conviction
of
a
felony
related
to
the
profession
or
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26
occupation
of
the
licensee
or
the
conviction
of
any
felony
1
that
would
affect
the
licensee’s
ability
to
practice
within
2
the
profession.
A
copy
of
the
record
of
conviction
or
plea
of
3
guilty
shall
be
conclusive
evidence
of
such
conviction.
4
5.
Fraud
in
representations
as
to
skill
or
ability.
5
6.
Use
of
untruthful
or
improbable
statements
in
6
advertisements.
7
7.
Willful
or
repeated
violations
of
this
chapter.
8
8.
Aiding
and
abetting
a
person
who
is
not
licensed
pursuant
9
to
this
chapter
in
that
person’s
pursuit
of
an
unauthorized
and
10
unlicensed
home
inspection
practice.
11
9.
Failure
to
meet
the
commonly
accepted
standards
of
12
professional
competence.
13
10.
Any
other
such
grounds
as
established
by
rule
by
the
14
board.
15
Sec.
22.
NEW
SECTION
.
104.22
Jurisdiction
of
revocation
and
16
suspension
proceedings.
17
The
board
shall
have
exclusive
jurisdiction
of
all
18
proceedings
to
revoke
or
suspend
a
license
issued
pursuant
19
to
this
chapter.
The
board
may
initiate
proceedings
under
20
this
chapter
or
chapter
272C,
following
procedures
set
out
in
21
section
272C.6,
either
on
its
own
motion
or
on
the
complaint
of
22
any
person.
Before
scheduling
a
hearing,
the
board
may
request
23
the
department
to
conduct
an
investigation
into
the
charges
24
to
be
addressed
at
the
board
hearing.
The
department
shall
25
report
its
findings
to
the
board.
The
board,
in
connection
26
with
a
proceeding
under
this
chapter,
may
issue
subpoenas
to
27
compel
attendance
and
testimony
of
witnesses
and
the
disclosure
28
of
evidence
and
may
request
the
attorney
general
to
bring
an
29
action
to
enforce
the
subpoena.
30
Sec.
23.
NEW
SECTION
.
104.23
Notice
and
default.
31
1.
A
written
notice
stating
the
nature
of
the
charge
or
32
charges
against
a
licensee
and
the
time
and
place
of
the
33
hearing
before
the
board
on
the
charges
shall
be
served
on
the
34
licensee,
either
personally
or
by
mailing
a
copy
by
certified
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mail
to
the
last
known
address
of
the
licensee,
not
less
than
1
thirty
days
prior
to
the
date
of
the
hearing.
2
2.
If,
after
having
been
served
with
the
notice
of
hearing,
3
the
licensee
fails
to
appear
at
the
hearing,
the
board
may
4
proceed
to
hear
evidence
against
the
licensee
and
may
enter
5
such
order
as
is
justified
by
the
evidence.
6
Sec.
24.
NEW
SECTION
.
104.24
Advertising
——
violations
——
7
criminal
penalties.
8
1.
Only
a
person
who
is
duly
licensed
pursuant
to
this
9
chapter
may
advertise
the
fact
that
the
person
is
licensed
as
a
10
home
inspector
by
the
state
of
Iowa.
11
2.
All
written
advertisements
distributed
in
this
state
by
a
12
person
who
is
engaged
in
the
business
of
home
inspections
shall
13
include
the
listing
of
at
least
one
home
inspector’s
license
14
number.
A
licensed
home
inspector
shall
not
allow
the
home
15
inspector’s
license
number
to
be
used
in
connection
with
the
16
advertising
for
more
than
one
person
engaged
in
the
business
of
17
home
inspections.
18
3.
A
person
who
fraudulently
claims
to
be
a
licensed
home
19
inspector
pursuant
to
this
chapter,
either
in
writing,
cards,
20
signs,
circulars,
advertisements,
or
other
communications,
is
21
guilty
of
a
simple
misdemeanor.
22
4.
In
order
to
be
entitled
to
use
a
home
inspector’s
license
23
number,
the
home
inspector
must
be
employed
by
the
person
in
24
whose
name
the
business
of
inspecting
homes
is
being
performed.
25
A
person
who
fraudulently
lists
a
home
inspector’s
license
26
number
in
connection
with
that
person’s
advertising
or
falsely
27
displays
a
home
inspector’s
license
number
is
guilty
of
a
28
simple
misdemeanor.
29
Sec.
25.
NEW
SECTION
.
104.25
Injunction.
30
A
person
performing
home
inspections
without
a
license
31
issued
under
this
chapter
may
be
restrained
by
injunction.
32
Sec.
26.
NEW
SECTION
.
104.26
Civil
penalty.
33
1.
In
addition
to
any
other
penalties
provided
for
in
this
34
chapter,
the
board
may,
by
order,
impose
a
civil
penalty,
not
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26
to
exceed
five
thousand
dollars
per
offense,
upon
a
person
1
violating
any
provision
of
this
chapter.
Each
day
of
a
2
continued
violation
constitutes
a
separate
offense.
Before
3
issuing
an
order
under
this
section,
the
board
shall
provide
4
the
person
written
notice
and
the
opportunity
to
request
a
5
hearing
on
the
record.
The
hearing
must
be
requested
within
6
thirty
days
of
the
issuance
of
the
notice.
7
2.
A
person
aggrieved
by
the
imposition
of
a
civil
penalty
8
under
this
section
may
seek
judicial
review
in
accordance
with
9
section
17A.19.
10
3.
If
a
person
fails
to
pay
a
civil
penalty
within
thirty
11
days
after
entry
of
an
order
under
subsection
1
or,
if
the
12
order
is
stayed
pending
an
appeal,
within
ten
days
after
the
13
court
enters
a
final
judgment
in
favor
of
the
board,
the
board
14
shall
notify
the
attorney
general.
The
attorney
general
may
15
commence
an
action
to
recover
the
amount
of
the
penalty,
16
including
reasonable
attorney
fees
and
costs.
17
4.
An
action
to
enforce
an
order
under
this
section
may
be
18
joined
with
an
action
for
an
injunction
under
section
104.25.
19
5.
Civil
penalties
collected
under
this
section
shall
be
20
deposited
in
the
same
account
that
fees
under
section
104.10
21
are
deposited.
22
Sec.
27.
NEW
SECTION
.
104.27
Enforcement.
23
The
board
shall
enforce
the
provisions
of
this
chapter.
24
Every
licensee
and
member
of
the
board
shall
furnish
the
25
board
with
such
evidence
as
the
licensee
or
member
may
have
26
relative
to
any
alleged
violation
of
this
chapter
that
is
being
27
investigated.
28
Sec.
28.
NEW
SECTION
.
104.28
Report
of
violators.
29
Each
licensee
and
each
member
of
the
board
shall
report
to
30
the
department
the
name
of
any
person
who
is
practicing
as
31
a
home
inspector
without
a
license
issued
pursuant
to
this
32
chapter,
according
to
the
knowledge
or
reasonable
belief
of
the
33
person
making
the
report.
The
opening
of
an
office
or
place
of
34
business
for
the
purpose
of
providing
any
services
for
which
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26
a
license
is
required
by
this
chapter,
the
announcing
to
the
1
public
in
any
way
the
intention
to
provide
any
such
service,
2
the
use
of
any
professional
designation,
or
the
use
of
any
3
sign,
card,
circular,
device,
vehicle,
or
advertisement,
as
a
4
provider
of
any
such
services
shall
be
prima
facie
evidence
of
5
engaging
in
the
practice
of
home
inspections.
6
Sec.
29.
NEW
SECTION
.
104.29
Attorney
general.
7
Upon
request
of
the
board,
the
attorney
general
shall
8
institute
in
the
name
of
the
state
the
proper
proceedings
9
against
any
person
charged
by
the
department
with
violating
any
10
provision
of
this
chapter.
11
Sec.
30.
Section
272C.1,
subsection
6,
Code
2011,
is
amended
12
by
adding
the
following
new
paragraph:
13
NEW
PARAGRAPH
.
ag.
The
home
inspector
examining
board,
14
created
pursuant
to
chapter
104.
15
Sec.
31.
Section
272C.3,
subsection
2,
paragraph
a,
Code
16
2011,
is
amended
to
read
as
follows:
17
a.
Revoke
a
license,
or
suspend
a
license
either
until
18
further
order
of
the
board
or
for
a
specified
period,
upon
19
any
of
the
grounds
specified
in
section
100D.5
,
104.21
,
20
105.22
,
147.55
,
148.6
,
148B.7
,
152.10
,
153.34
,
154A.24
,
21
169.13
,
455B.219
,
542.10
,
542B.21
,
543B.29
,
544A.13
,
544B.15
,
22
or
602.3203
or
chapter
151
or
155
,
as
applicable,
or
upon
23
any
other
grounds
specifically
provided
for
in
this
chapter
24
for
revocation
of
the
license
of
a
licensee
subject
to
the
25
jurisdiction
of
that
board,
or
upon
failure
of
the
licensee
26
to
comply
with
a
decision
of
the
board
imposing
licensee
27
discipline.
28
Sec.
32.
Section
272C.4,
subsection
6,
Code
2011,
is
amended
29
to
read
as
follows:
30
6.
Define
by
rule
acts
or
omissions
that
are
grounds
for
31
revocation
or
suspension
of
a
license
under
section
100D.5
,
32
104.21
,
105.22
,
147.55
,
148.6
,
148B.7
,
152.10
,
153.34
,
154A.24
,
33
169.13
,
455B.219
,
542.10
,
542B.21
,
543B.29
,
544A.13
,
544B.15
,
34
or
602.3203
or
chapter
151
or
155
,
as
applicable,
and
to
define
35
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by
rule
acts
or
omissions
that
constitute
negligence,
careless
1
acts,
or
omissions
within
the
meaning
of
section
272C.3,
2
subsection
2
,
paragraph
“b”
,
which
licensees
are
required
to
3
report
to
the
board
pursuant
to
section
272C.9,
subsection
2
.
4
Sec.
33.
Section
272C.5,
subsection
2,
paragraph
c,
Code
5
2011,
is
amended
to
read
as
follows:
6
c.
Shall
state
whether
the
procedures
are
an
alternative
7
to
or
an
addition
to
the
procedures
stated
in
sections
100D.5
,
8
104.22
,
104.23
,
105.23
,
105.24
,
148.6
through
148.9
,
152.10
,
9
152.11
,
153.33
,
154A.23
,
542.11
,
542B.22
,
543B.35
,
543B.36
,
and
10
544B.16
.
11
Sec.
34.
Section
558A.4,
subsection
2,
Code
2011,
is
amended
12
to
read
as
follows:
13
2.
The
disclosure
statement
may
include
a
report
or
written
14
opinion
prepared
by
a
home
inspector
licensed
under
chapter
104
15
or
a
person
qualified
to
make
judgment
based
on
education
or
16
experience,
as
provided
by
rules
adopted
by
the
commission,
17
including
but
not
limited
to
a
land
surveyor
licensed
pursuant
18
to
chapter
542B
,
a
geologist,
a
structural
pest
control
19
operator
licensed
pursuant
to
section
206.6
,
or
a
building
20
contractor.
The
report
or
opinion
on
a
matter
within
the
scope
21
of
the
home
inspector’s
or
person’s
practice,
profession,
or
22
expertise
shall
satisfy
the
requirements
of
this
section
or
23
rules
adopted
by
the
commission
regarding
that
matter
required
24
to
be
disclosed.
If
the
report
or
opinion
is
in
response
25
to
a
request
made
for
purposes
of
satisfying
the
disclosure
26
statement,
the
report
or
opinion
shall
indicate
which
part
of
27
the
disclosure
statement
the
report
or
opinion
satisfies.
28
Sec.
35.
Section
558A.6,
subsection
2,
Code
2011,
is
amended
29
to
read
as
follows:
30
2.
The
home
inspector
or
person
submitting
a
report
or
31
opinion
within
the
scope
of
the
home
inspector’s
or
person’s
32
practice,
profession,
or
expertise,
as
provided
in
section
33
558A.4
,
for
purposes
of
satisfying
the
disclosure
statement,
34
shall
not
be
liable
under
this
chapter
for
any
matter
other
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than
a
matter
within
the
home
inspector’s
or
person’s
practice,
1
profession,
or
expertise,
and
which
is
required
by
the
2
disclosure
statement,
unless
the
home
inspector
or
person
3
failed
to
use
care
ordinary
in
the
home
inspector’s
or
person’s
4
profession,
practice,
or
area
of
expertise
in
preparing
the
5
information.
6
Sec.
36.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
7
2012.
8
EXPLANATION
9
This
bill
establishes
a
home
inspector
licensing
program
in
10
new
Code
chapter
104.
The
bill
supersedes
and
preempts
all
11
licensing
requirements
of
government
subdivisions
that
relate
12
to
home
inspections,
as
defined
in
the
bill.
13
The
bill
establishes
a
home
inspector
examining
board
to
14
test,
license,
and
discipline
persons
licensed
under
the
bill.
15
The
board
is
comprised
of
nine
members,
including
the
heads
of
16
the
department
of
public
safety
and
the
department
of
public
17
health,
the
state
building
code
commissioner,
the
state
fire
18
marshal,
and
five
members
from
various
industries
related
to
19
home
construction.
The
board
is
created
as
part
of
the
Iowa
20
department
of
public
safety,
which
is
required
to
provide
staff
21
support
for
certain
board
operations.
The
board
is
required
22
to
adopt
all
rules
necessary
to
carry
out
the
board’s
duties
23
and
is
authorized
to
establish
standards
of
practice
for
home
24
inspectors
by
rule.
25
The
bill
specifies
certain
requirements
for
home
inspector
26
license
applications,
examinations
administered
by
the
board,
27
license
documents,
and
the
home
inspector
license
registry.
28
The
bill
imposes
restrictions
on
the
business
of
home
29
inspections
without
a
license,
imposes
insurance
requirements
30
for
licensees,
and
authorizes
the
imposition
and
collection
of
31
examination
and
license
fees
by
the
board.
32
The
bill
requires
the
board
to
adopt,
by
rule,
general
33
qualifications
for
licensure
and
requires
that
an
applicant
for
34
a
home
inspector
license
be
at
least
21
years
old
at
the
time
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the
applicant
takes
the
licensing
examination.
The
bill
also
1
identifies
the
grounds
for
denial,
revocation,
or
suspension
2
of
a
license,
specifies
the
conditions
under
which
the
board
3
may
waive
the
written
examination
requirement,
establishes
4
requirements
and
procedures
for
the
renewal
and
reinstatement
5
of
licenses,
and
directs
the
board
to
establish
continuing
6
education
requirements
for
licensees.
7
The
bill
limits
advertising
for
home
inspection
services
to
8
those
persons
who
are
licensed
or
those
businesses
who
employ
a
9
licensed
home
inspector.
The
bill
provides
for
the
issuance
of
10
reciprocal
licenses
if
certain
conditions
are
met.
11
The
bill
specifies
the
enforcement
authority
of
the
board
12
and
authorizes
the
board
to
impose
a
civil
penalty,
not
to
13
exceed
$5,000
per
offense
upon
a
person
who
violates
any
14
provision
of
new
Code
chapter
104.
The
bill
also
provides
15
that
specified
violations
of
new
Code
chapter
104
are
simple
16
misdemeanors.
17
A
simple
misdemeanor
is
punishable
by
confinement
for
no
18
more
than
30
days
or
a
fine
of
at
least
$65
but
not
more
than
19
$625
or
by
both.
20
The
bill
takes
effect
July
1,
2012.
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