[Third Reprint]

 

SENATE, No. 1685

 

STATE OF NEW JERSEY

 

210th LEGISLATURE

 

INTRODUCED JUNE 24, 2002

 

 

 

Sponsored by:

Senator GARRY J. FURNARI

District 36 (Bergen, Essex and Passaic)

Assemblyman ANTHONY IMPREVEDUTO

District 32 (Bergen and Hudson)

 

Co-Sponsored by:

Senator Lesniak and Assemblywoman Greenstein

 

 

 

 

SYNOPSIS

    Revises "grandfathering" provisions for eligibility to be a licensed home inspector.

 

CURRENT VERSION OF TEXT

    As amended by the Senate on March 20, 2003.

 

(Sponsorship Updated As Of: 2/25/2003)


An Act concerning 2[the licensure of]2 3the licensure of3 home inspectors and amending 3[2and supplementing2]3 P.L.1997, c.323.

 

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

    3[21. Section 3 of P.L.1997, c.323 (C.45:8-63) is amended to read as follows:

    3. a. There is created within the Division of Consumer Affairs in the Department of Law and Public Safety, under the State Board of Professional Engineers and Land Surveyors, a Home Inspection Advisory Committee. The committee shall consist of [five] eight members as follows: five members who are residents of the State and are licensed home inspectors who have been actively engaged in the practice of home inspection in this State for at least five years immediately preceding their appointment; one construction or subcode official licensed pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.); one licensed professional engineer; and one representative of a county college or school offering a home inspection vocational training program.

    b. For a period of one year after the effective date of this act, and notwithstanding any other provisions of this act to the contrary, the first five home inspectors appointed as members of the committee shall not be required, at the time of their first appointment, to be licensed to practice home inspection.

    c. The Governor shall appoint each committee member for a term of three years, except that of the members first appointed, two shall serve for terms of three years, two shall serve for terms of two years and one shall serve for a term of one year. Each member shall hold office until his successor has been qualified. Any vacancy in the membership of the committee shall be filled for the unexpired term in the manner provided for the original appointment. No member of the committee may serve more than two successive terms in addition to any unexpired term to which he has been appointed.2

(cf: P.L.1997, c.323, s.3)]3

 

    3[22. Section 8 of P.L.1997, c.323 (C.45:8-68) is amended to read as follows:

    8. To be eligible for licensure as a home inspector, an applicant shall fulfill the following requirements:


    a. Be of good moral character;

    b. Have successfully completed high school or its equivalent;

    c. Have been engaged as a licensed associate home inspector for no less then one year, and have performed not less than 250 home inspections for compensation; or, have successfully completed a course of instruction in home inspection, which shall include not less than 10 home inspections under the direct, on-site supervision of licensed home inspectors, offered by county colleges licensed by the New Jersey Commission on Higher Education or by schools approved by the New Jersey Department of Education offering vocational training programs; and

    d. Have passed [the] an examination [offered by the American Society of Home Inspectors (ASHI)] administered or approved by the committee. The examination may have been passed before the effective date of this act.2

(cf: P.L.1997, c.323, s.8)]3

 

    3[23. Section 9 of P.L.1997, c.323 (C.45:8-69) is amended to read as follows:

    9. To be eligible for licensure as an associate home inspector, an applicant shall fulfill the following requirements:

    a. Be of good moral character;

    b. Have successfully completed high school or its equivalent;

    c. Have passed an approved course of study, as prescribed by the board;

    d. Have performed not less than 50 home inspections [in the presence] under the direct, on-site supervision of a licensed home inspector; and

    e. Have passed [the] an examination [offered by the American Society of Home Inspectors (ASHI)] administered or approved by the committee. The examination may have been passed before the effective date of this act.2

(cf: P.L.1997, c.323, s.9)]3

 

    3[24. (New section) The State Board of Professional Engineers and Land Surveyors shall require each home inspector and associate home inspector, as a condition for biennial license renewal pursuant to section 13 of P.L.1997, c.323 (C.45:8-73), to complete 40 credit hours of continuing education requirements imposed by the Home Inspection Advisory Committee pursuant to sections 5 and 6 of this amendatory and supplementary act.2]3

 

    3[25. (New section) a. The committee shall:

    (1) Establish standards for continued home inspection education, including the subject matter and content of courses of study and the selection of instructors;

    (2) Approve educational programs offering continuing education credits; and

    (3) Approve other equivalent educational programs and establish procedures for the issuance of credit upon satisfactory proof of the completion of these programs.

    b. In the case of education courses and programs, each hour of instruction shall be equivalent to one credit.2]3

 

    3[26. (New section) The committee may, in its discretion, waive requirements for continuing education on an individual basis for reasons of hardship such as illness or disability, retirement of a license, or other good cause.2]3

 

    3[27. Section 10 of P.L.1997, c.323 (C.45:8-70) is amended to read as follows:

    10. The provisions of this act shall not apply to:

    a. Any person who is employed as a code enforcement official by the State or a political subdivision thereof when acting within the scope of that government employment;

    b. Any person regulated by the State as an architect, professional engineer, electrical contractor or master plumber, who is acting within the scope of practice of his profession or occupation;

    c. Any real estate broker, broker-salesperson, or salesperson who is licensed by the State when acting within the scope of his profession;

    d. Any State licensed real estate appraiser or certified general or residential real estate appraiser, who is acting within the scope of his profession;

    e. Any person regulated by the State as an insurance adjuster, who is acting within the scope of his profession;

    f. Any person certified or registered as a pesticide applicator pursuant to subchapter 6 or 8 of chapter 30 of Title 7 of the New Jersey Administrative Code who is acting within the scope of the practice for which he is certified or registered; or

    g. Any person [making] performing home inspections under the on-site supervision of a licensed home inspector for the purpose of meeting the requirements of subsection d. of section 9 of this act to qualify for licensure as an associate home inspector.2

(cf: P.L.1997, c.323, s.10)]3

 

    2[1. 3[ 8.2] 1.3 Section 12 of P.L.1997, c.323 (C.45:8-72) is amended to read as follows:

    12. During the first 360 days after the effective date of [this act] P.L. , c. (C. ) (now before the Legislature as this bill) , the committee shall issue to any individual upon application a home inspector license, provided that the applicant meets the requirements of subsections a., b., and d. of section 8 of this act and 2[1:a.1]2 3a.3 has been engaged in the practice of home inspections for compensation for not less than three years prior to [the effective date of this act and] 1[July 1, 2003 or] 2[June 3, 2002] 3[ December 31, 20032] June 30, 20043 and1 has performed not less than 300 home inspections for compensation prior to 1[July 1, 2003] 2[June 3, 2002; or b. has performed not less than 400 home inspections for compensation prior to June 3, 20021] 3[ December 31, 20032] June 30, 2004; or b. has performed not less than 400 home inspections for compensation prior to June 30, 20043.

(cf: P.L.1997, c.323, s.12)

 

    3[29. (New section) Upon payment to the board of a fee and the submission of a written application provided by the board, the committee shall issue a home inspector license to any building inspector licensed pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) with a specialty in high-rise and hazardous structures (H.H.S.) or a specialty in industrial and commercial structures (I.C.S.), provided that the applicant has not less than five years of experience relating to the construction industry and meets the requirements of subsections a., b., and d. of section 8 of P.L.1997, c.323 (C.45:8-68).2]3

 

    3[210. (New section) The Home Inspection Advisory Committee shall report annually, by December 1 of each year, to the Assembly Regulated Professions and Independent Authorities Committee and the Senate Commerce Committee, or their successors, on the activities of the committee and may include in the report any recommendations for legislative action that it deems appropriate.2]3

 

    3[211. Section 18 of P.L.1997, c.323 is amended to read as follows:

    18. This act shall take effect on the 180th day following enactment 1but section 7 of P.L.1997, c.323 (C.45:8-67) shall remain inoperative until December 31, 20032.

(cf: P.L.1997, c.323, s.18)]3

 

    2[2. 3[12.2] 2.3 This act shall take effect immediately.