Bill Text: DE SB30 | 2013-2014 | 147th General Assembly | Draft

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: An Act To Amend Title 24 Of The Delaware Code Relating To Home Inspectors.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Passed) 2013-07-18 - Signed by Governor [SB30 Detail]

Download: Delaware-2013-SB30-Draft.html


SPONSOR:

Sen. Peterson & Rep. Potter

 

Sens. Ennis, Henry, Sokola,

Reps. Bennett, Miro

DELAWARE STATE SENATE

147th GENERAL ASSEMBLY

SENATE BILL NO. 30

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO HOME INSPECTORS.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:


Section 1. AMEND §4108, Title 24 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:

§4108. Qualifications of applicant; report to Attorney General; judicial review

(a) An applicant, who is applying for licensure as a home inspector under this chapter, for the relevant license, shall submit evidence, verified by oath and satisfactory to the Board, that such person:

(8) Has provided evidence that the applicant or the applicant's employer has and will maintain liability and errors and omissions insurance in the form and minimum amount to be determined by the Board in its Rules and Regulations.

(d) A person already engaged in the business of performing home inspections as of August 6, 2013 is allowed until November 4, 2013, to comply with the provisions of this chapter for the purpose of qualifying to perform home inspections. Such person will qualify for a license without being required to satisfy paragraphs (a)(1), (a)(2), and (a)(3) of this section if such person can document to the satisfaction of the Board that he or she has conducted not fewer than 250 100 home inspections in Delaware for compensation or and has been engaged in the practice of home inspection for compensation for not fewer than 5 years prior to August 6, 2013. Nothing in this subsection (d) shall exempt a licensed home inspector from complying with any continuing education requirements for licensed home inspectors as may be established by the Board.

Section 2. Amend §4109(b), Title 24 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:

§4109Home inspector trainee; requirements of supervision [Effective Aug. 6, 2013]

(b) An applicant, who has been registered by the Board as a home inspector trainee, may assist in the completion of a home inspection report, including an opinion of value, and may co-sign a home inspection, provided that the home inspector trainee is actively and personally supervised by a licensed home inspector.


SYNOPSIS

This Bill amends Chapter 41 of Title 24 of the Delaware Code, which will go into effect on August 6, 2013. The grandfathering provision, Section 4108(d), is revised to require either not fewer than 250 home inspections in Delaware for compensation or five years of practice in the field of home inspection. This revision will ensure that applicants have significant, substantive work experience, without making licensure virtually impossible for many individuals currently practicing home inspection in Delaware. The Bill also adds a requirement that applicants, or their employers, must have liability and errors and omissions insurance. This requirement will serve to protect the interests of the public. Finally, the Bill amends the provisions pertaining to trainees to clarify that home inspectors cannot give opinions of value.

Author: Senator Peterson

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