(1) Alarm Systems - Department of Business and Professional

(1) Alarm Systems - Department of Business and Professional
61-30.101 Definitions
As used in this chapter, the following terms have the following meanings:
(1) Alarm Systems: Warning devices, installed or free standing, including but not limited to:
carbon monoxide detectors, flue gas and other spillage detectors, security equipment, ejector pumps and
smoke alarms.
(2) Architectural Service: Any practice involving the art and science of building design for
construction of any structure or groupings of structures and the use of space within and surrounding the
structures or the design for construction, including but not specifically limited to, schematic design, design
development, preparation of construction contract documents, and administration of the construction
contract.
(3) Automatic Safety Controls: Devices designed and installed to protect systems and components
from unsafe conditions.
(4) Component: A part of a system.
(5) Decorative: Ornamental; not required for the operation of the essential systems and
components of a home.
(6) Describe: To distinguish a system or component by its type or other observed significant
characteristics; to distinguish it from other systems or components.
(7) Dismantle: To take apart or remove any component, device or piece of equipment that would
not be taken apart or removed by a homeowner in the course of normal and routine homeowner
maintenance.
(8) Engineering Services: Any professional service or creative work requiring engineering
education, training and experience and the application of special knowledge of the mathematical, material
and engineering services to such professional service or creative work as consultation, investigation,
evaluation, planning, design and supervision of construction for the purpose of assuring compliance with
the specifications and design, in conjunction with structures, buildings, machines, equipment, works or
processes.
(9) Additional evaluation: Examination and analysis by a qualified professional engineer,
contractor, tradesman or service technician beyond that provided by the home inspection.
(10) Home inspection: The process by which a home inspector visually examines the readily
accessible systems and Components of a home which describes those systems and Components in
accordance with these Standards of Practice.
(11) Household Appliances: Ranges, cook-tops, built-in dishwashers, food waste disposers,
garage door openers, built-in ovens, built-in microwave ovens, refrigerators, freezers, clothes washers,
clothes dryers, built-in trash compactors, ceiling fans or whole-house fans.)
(12) Inspect: To examine readily accessible systems and Components of a building in
accordance with these Standards of Practice, using normal operating controls and opening readily openable
access panels
(13) Home Inspector: A person hired to examine any system or component of a building in
accordance with these Standards of Practice.
(14) Installed: Attached such that removal requires tools.
(15) Normal operating controls:
Devices such as thermostats, switches or valves intended to be operated by the homeowner.
(16) Readily accessible: Available for visual inspection without requiring dismantling or
destructive means to gain access, moving of items including but not limited to, furniture, personal property,
stored items, clothing, wall or floor covering, or debris dismantling, or any action which will likely involve
risk to persons or property.
(17) Readily Openable Access Panel: A panel provided for homeowner inspection and
maintenance that is within normal reach, can be removed by one person and is not sealed in place.
(18) Recreational Facilities: Spas, saunas, steam baths, swimming pools, exercise, entertainment,
athletic, playground or other similar equipment and associated accessories.
(19) Report: To communicate in writing.
(20) Representative Number: One component per room for multiple similar interior components
such as window and electric outlets; one component on each side of the building for multiple similar
exterior components.
(21) Roof Drainage Systems: Components used to carry water off a roof and away from a
building.
(22) Service Life: Service life is the expected lifetime, or the acceptable period of use in service
of a particular system or component. It is the time that any manufactured item can be expected to be
'serviceable', providing proper maintenance has taken place over the period concerned. Service life may
vary from region to region, and inspection to inspection based on the home being inspected and the
professional opinion and findings of the inspector.
(23) Significantly deficient: Not operating in the manner in which the system or component was
designed to operate or not capable of performing its intended function.
(24) Shut Down: A state in which a system or component cannot be operated by normal
operating controls.
(25) Solid Fuel Burning Appliances: A hearth and fire chamber or similar prepared place in
which a fire may be built and which is built in conjunction with a chimney; or a listed assembly of a fire
chamber, its chimney and related factory-made parts designed for unit assembly without requiring field
construction.
(26) Structural Component: A component that supports non-variable forces or weights (dead
loads) and variable forces or weights (live loads).
(27) System: A combination of interacting or interdependent components, assembled to carry
out one or more functions.
(28) Technically Exhaustive: An investigation that involves dismantling; the extensive use of
advanced techniques, measurements, instruments, testing, calculations, or other means.
(29) Under-floor Crawl Space: The area within the confines of the foundation and between the
ground and the underside of the floor.
(30) Unsafe: A condition in a readily accessible, installed system or component which is judged
to be a significant risk of personal injury during normal, day-to-day use. The risk may be due to damage,
deterioration, improper installation or a change in accepted residential construction standards.
(31) Wiring Methods: Identification of electrical conductors or wires by their general type, such
as “non-metallic sheathed cable” (“Romex”), “armored cable” (“bx”) or “knob and tube”, etc.
(32) Training Day: The equivalent of 8 hours (an hour being no less than 50 minutes of
instruction) including breaks and lunch.
(33) Prelicensure Education Course: An initial course of study approved by the department which
provides the educational experience required to certify an individual for licensure as a home inspector
pursuant to Rule 61-30.102, F.A.C. and Section 468.8313, F.S. Each course of study must be offered as a
single course by a single course provider.
(34) Continuing Education Course: A course related to the practice of home inspection. Sales
presentations of home inspection products shall not qualify as continuing education courses.
(35) Prelicensure Education Provider: An entity and any of its agents approved by the department
to engage in providing prelicensure education courses as required by this chapter.
(36) Continuing Education Provider: An entity and any of its agents approved by the department
to engage in providing continuing education courses as required by this chapter.
(37) Course Instructor: Any person approved by the department to conduct training for a
department approved course. The instructor’s curriculum vitae must demonstrate particular education,
knowledge, experience or skill which sets the applicant apart from those he or she will instruct.
(38) Directly Supervise: To direct and exercise control over the activities of a person by being
physically present at the job site.
Rulemaking Authority 455.2035, 455.2178(5), 468.8325, FS. Law Implemented 455.2178, 455.2179,
468.8311, 468.8313(3), FS. History– New ______.
61-30.102 License Requirements
(1) Any person desiring to be licensed as a home inspector must apply to the department in writing
using form DBPR HI 0401, “Application for Licensure” effective July 2012, adopted and incorporated
herein by reference. The form may be obtained by contacting the department at the following address:
Home Inspection Licensing Program, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783 or at
______________________________________.
(2) For the purposes of department evaluation of applications:
(a) Provide proof of completion of a course of study approved by the department in home inspection
services of not less than 120 hours that covers at a minimum, the following subject contents as referenced
in the National Home Inspector Examination content outline, adopted May 14, 2010;
1. Inspection Methods
24-hours
2. Building Systems
42-hours
3. Reporting
24-hours
4. Professional Practice
10-hours
In addition, the course must provide 20 hours of field-based practical demonstrations of the inspection
process by the student under the direct supervision of a licensed Florida home inspector.
(b) Pass the examination described in Rule 61-30.103, F.A.C.
(3) “Good Moral Character” applied:
(a) Unless the department denies the application for incompleteness, the department shall evaluate the
application and make appropriate inquiry to determine the applicant’s moral character. Demonstration of
all of the following will establish the applicant’s good moral character:
1. The completion of a criminal history records check by the Florida Department of Law Enforcement
and self-disclosure by the applicant that establishes that the applicant has no criminal record; and
2. The absence of civil lawsuits or administrative actions decided adversely to the applicant which
involved matters bearing upon moral character including, for example: fraud, dishonesty,
misrepresentation, concealment of material facts, or practicing a regulated profession without a license or
certificate as required by law or rule; and
3. No prior history of violations by the applicant of Florida Statutes, or rules adopted by the
department, or any lawful order of the department previously entered in a disciplinary proceeding, or of
failing to comply with a lawfully issued subpoena of the division; and
4. The absence of other information generated int her course of the application process which
negatively reflects on the applicant’s moral character including, for example: gross misconduct or gross
negligence in the applicant’s prior work experience whether or not the prior work was related to the
professional responsibilities of a home inspector; and
5. That the applicant has not committed the following in connection with an application:
a. Given to the department a check for payment of any fee when there are insufficient funds with
which to pay the same, if the applicant, upon notification by the department, fails to redeem the check or
otherwise pay the fee within 30 days of the date of written notification by the department; or
b. Failed to provide full and complete disclosure or failed to provide accurate information.
Rulemaking Authority 455.2035, 455.217(1), 468.8313(7), 468.8325,FS.
468.8313, 468.8314, FS. History–New______
Law Implemented 455.213,
61-30.103 Examination
Any person desiring an initial license by examination as a home inspector must pass one of the written
examinations approved by the department. The department approves the following written examinations:
(1) The National Home Inspector Examination (NHIE) approved by the department and given by
the Examination Board of Professional Home Inspectors (EBPHI). Applicants must achieve a passing
grade pursuant to the requirements of the NHIE, Sections 455.217 and 468.8313(4), F.S.
(2) Any other examination approved of by the department for the purposes of examination under
Section 468.8313, F.S.
Rulemaking Authority 455.2035, 455.217(1)(d), 468.8325, FS. Law Implemented 455.217, 468.8313, FS.
History–New ______.
61-30.201 Fees
(1) The following fee schedule is adopted by the department:
$125.00
(a) Application fee
(b) Licensure fee
- If application is submitted in the first 12 months of a biennium:
$200.00
- If application is submitted in the second 12 months of a
biennium:
$100.00
$200.00
(c) Licensure by Endorsement fee
$200.00
(d) Biennial license renewal fee
$100.00
(e) Biennial inactive license renewal fee
$200.00
(f) Change of status fee (active to inactive, inactive to active, )
$200.00
(g) Reactivation
$500.00
(h) Continuing Education Provider license fee
$500.00
(i) Prelicensure Education Provider license fee
$100.00
(j) Delinquent fee
$5.00
(k) Unlicensed activity fee
$500.00
(l) Continuing Education Provider renewal fee
$500.00
(m) Prelicensure Education Provider renewal fee
(2) The fees shall be made payable to the Department of Business and Professional Regulation. Any
fees due to the testing vendor shall be made payable directly to the vendor.
(3) The fees for examination and re-examination shall be determined by the vender and paid by the
applicant directly to the vender providing the examination for licensure.
(4) Licensure fees are refundable, upon request, if no license has been issued.
(5) Application fees are non-refundable.
Rulemaking Authority 455.2035, 455.219(1), 468.8312(1), 468.8325, FS. Law Implemented 455.213(2),
455.219, 455.2281, 455.271, 468.8312, 468,8315, 468.8317, FS. History–New _______.
61-30.301 Delinquent License
(1) Any license status not renewed prior to the end of each biennial renewal period will automatically
convert to a delinquent status.
(2) A licensee may convert a delinquent status license to current status by making a request in writing,
remitting the applicable fee(s) to the department, and complying with the continuing education
requirements of Section 468.8316, F.S. and Rule 61-30.402, F.A.C.
(3) The failure of a delinquent status licensee to change the status of the license to current before the
expiration of the current licensure period shall render the license void without any further action by the
department.
(4) A revoked or void license may not be renewed. Anyone with a revoked or null and void license
who wishes to provide professional home inspection related services shall apply as though never before
licensed or apply for discretionary hardship reinstatement pursuant to Section 455.271(6)(b), F.S and Rule
61-30.403, F.A.C.
Rulemaking Authority 455.2035, 468.8315, 468.8325, FS. Law Implemented 455.271, 468.8312,
468.8315, 468.8317, FS. History–New ________ .
61-30.302 Inactive, Active Status
(1) A licensee may request during the renewal period to place his or her license in an inactive status by
making a request in writing and remitting the applicable fee(s) to the department. The department shall
then change the status of the license to inactive.
(2) An inactive license may be maintained during each subsequent biennium period upon the payment
of the applicable fee(s) to the department and complying with the continuing education requirements of
Section 468.8316, F.S. and Rule 61-30.402, F.A.C.
(3) A licensee may apply to the department at a time other than during the renewal period, to change
the status of their license by submitting form #DBPR HI 0402, “Change of Status Application”, effective
July 2012, adopted and incorporated herein by reference. The form may be obtained by contacting the
department at the following address: Home Inspection Licensing Program, 1940 N. Monroe Street,
Tallahassee, Florida 32399-0783 or at ___________________________________. The Licensee must
remit the applicable fee(s) to the department and comply with the continuing education requirements of
Section 468.8316, F.S.
Rulemaking Authority 455.2035, 468.8317, 468.8325, FS. Law Implemented 455.271, 468.8312, 468.8315,
468.8317, FS. History – New_______.
61-30.401 License Renewal
(1) A license shall be renewed biennially on or before July 31 of even numbered years.
(2) A licensee will renew a license, whether active or inactive, by paying an unlicensed activity fee and
a biennial license renewal fee as described in Rule 61-30.201, F.A.C., and completing the continuing
education as described in Section 468.8316, F.S. & Rule 61-30.402, F.A.C.
(3) A licensee who is the spouse of a member of the Armed Forces of the United States and was caused
to be absent from the State of Florida because of the spouse’s duties with the armed forces shall be exempt
from all licensure renewal provisions during such absence. The licensee must show proof to the department
of the absence and the spouse’s military status.
(4) Failure to renew a license, unless exempt as a military spouse, renders the license delinquent.
Delinquent status may last one full renewal cycle. A delinquent license can be returned to current status by
completing the required continuing education as describedi n Rule 61-30.301, F.A.C., and paying the
appropriate fees as described in Rule 61-30.201, F.A.C. If, at the end of the delinquent biennium, the
license is not brought current it becomes void.
(5) A revoked or void license may not be renewed. Anyone with a revoked or null and void license
who wishes to provide professional home inspection related services shall apply as though never before
licensed or apply for discretionary hardship reinstatement pursuant to Section 455.271(6)(b), F.S and Rule
61-30.403, F.A.C.
Rulemaking Authority 455.02(2), 455.2035, 468.8315(2), 468.8325, FS. Law Implemented 455.02(2),
455.271, 468.8315, 468.8316 FS. History–New ________.
61-30.402 Continuing Education Requirements for Biennial Renewal
(1) Prior to the expiration of each biennial licensure period, and as a condition for renewal of the home
inspector license, each person licensed pursuant to Chapter 468, Part XV, Florida Statutes, shall complete a
minimum of fourteen (14) hours of continuing education which shall include, at a minimum, all of the
following subjects as they relate to the practice of home inspection:
(a) A minimum of two (2) hours of instruction regarding building systems,
(b) A minimum of two (2) hours of instruction regarding inspection methods,
(c) A minimum of one (1) hour of instruction regarding reporting,
(d) A minimum of one (1) hour of instruction regarding professional practice (standards of practice),
(e) A minimum of six (6) hours of general instruction in home inspection techniques, which may
include department approved continuing education courses approved by the Construction Industry License
Board, the Board of Professional Engineering, the Board of Architecture and Interior Design, the Building
Code Administrators and Inspectors Board, or the Electrical Contractors’ Licensing Board.
(f) A minimum of two (2) hours of instruction regarding hurricane mitigation training, which shall
include training on completion of the Uniform Mitigation Verification Form and instruction regarding:
1. Roof deck attachment;
2. Secondary roof water barrier;
3. Roof covering, gable end bracing;
4. Reinforce roof-to-wall connection;
5. Opening protection;
6. Exterior doors; or
7. Other hurricane mitigation methods.
(2) Continuing education credits may only be obtained for the completion of courses or seminars
offered by education providers approved by the department, the Construction Industry License Board, the
Building Code Administrators and Inspectors Board, or the Electrical Contractors’ Licensing Board.
(a) A licensee who is an instructor may obtain continuing education credits in the amount of the credits
allowed for that course or seminar for his/her first presentation of such course or seminar presentation.
(b) No licensee may claim credit until after the credit has been earned by that licensee.
(3) Licensees need not comply with continuing education requirements prior to the licensee’s first full
renewal cycle.
Rulemaking Authority, 455.2035, 468.8315, 468.8316, 468.8325, FS. Law Implemented 455.2124,
468.8315, 468.8316, FS. History– New ________.
61-30.403 Discretionary Hardship Reinstatement of Void Licenses
(1) A former licensee may apply to seek department approval for reinstatement and activation of the
previous license if the individual failed to renew his or her license due to illness or economic hardship by
fulfilling the requirements in section (2) and (3) of this rule.
(2) Complete the form DBPR HI 0401, “Application for Licensure”, effective July 2012. The form
may be obtained by contacting the department at the following address: Home Inspection Licensing
Program,
1940
N.
Monroe
Street,
Tallahassee,
Florida
32399-0783
or
at
____________________________________.
The application may include a letter requesting
reinstatement under this rule and documentation to establish illness or economic hardship including the
nature and duration.
(3) The applicant shall complete of 28 hours of approved continuing education and pay an application
fee, licensure fee, and a delinquent fee as listed in rule 61-30.201.
Specific Authority 455.2035, 455.219, 468.8315, 468.8325, F.S. Law Implemented 455.271 (6)(b), (9),
455.219, 468.8314, 468.8315, F.S. History‒ New_______.
61-30.501 Provider Approval, Prelicensure and Continuing Education
(1) Each prelicensure education provider and continuing education provider must be approved by the
department.
(2) Applications for initial course provider must be submitted with the fees as described in Rule 6130.201, F.A.C., using the Home Inspector Provider Application, form number DBPR HI 0403,
“Application for Education Provider”, effective July 2012, adopted and incorporated herein by reference.
The form may be obtained by contacting the department at the following address: Home Inspection
Licensing Program, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783 or at
_____________________________________________.
(3) Applications for contrinuing education providers must be submitted with the fees as described in
Rule 61-30.201, F.A.C., using the Home Inspector Provider Application, form number DBPR HI 0403,
“Application for Education Provider”, effective July 2012. The form may be obtained by contacting the
department at the following address: Home Inspector Licensing Program, 1940 N. Monroe Street,
Tallahassee,
Florida
32399-0783
or
at
https://www.myfloridalicense.com/intentions2.asp?chBoard=true&boardid=04&SID=.
(4) Provider approval is valid until May 31 of odd numbered years and must be renewed prior to
expiration.
(5) Any applicant who submits the Home Inspection Provider Application, form number DBPR HI
0403, “Application for Education Provider”, with the fees as described in Rule 61-30.201, F.A.C., will be
approved as a course provider upon meeting applicable requirements as set forth in Rules 61-30.502, and
61-30.0503, F.A.C.
Rulemaking Authority 455.2035, 468.8313, 468.8316, 468.8325, FS. Law Implemented 455.2122,
455.2178, 455.2179, 468.8313, 468.8316, FS. History– New ______.
61-30.502 Provider Requirements, Prelicensure and Continuing Education
(1) The course provider shall not offer any courses if the provider status is expired or under
discipline.
(2) The department retains the right and authority to audit and/or monitor programs and review records
and course materials given by any provider approved pursuant to this rule. The department shall reject
individual programs given by a provider if the provider disseminates any false or misleading information in
connection with the educational programs, or if the provider fails to conform to and abide by the rules of
the department.
(3) If the provider status is revoked by the department, the provider cannot reapply to be registered as a
provider for two years from the date of the Final Order revoking the registration.
(4) To maintain status as a prelicensure or continuing education provider, the provider must:
(a) Require each licensee to complete the entire course or seminar in order to receive credit for the
course.
(b) Provide the Florida Department of Business and Professional Regulation (DBPR) provider number
on all course advertisements.
(c) Furnish each licensee with an individual certificate of attendance that contains the licensee’s name,
the licensee’s license number, provider name, provider number, course name, course number, date of the
course completion and the total number of hours successfully complete in each subject.
(d) Maintain all records for four (4) years, available for inspection by the department or the
department’s designee.
(e) Report one education credit for each hour of classroom or interactive distance learning instruction.
An “hour of classroom or interactive distance learning instruction” requires no less than fifty (50) minutes
of instruction or participation.
(f) Any changes in the course provider name, address or telephone number must be submitted in
writing to the department within 30 days of such change.
(5) To maintain status as a continuing education provider, the provider must also:
(a) Electronically report continuing education course attendance records in compliance with Section
455.2178, F.S. The provider is required to resolve reporting conflicts with the licensee by the expiration
date of the training course.
(b) Allow the department’s designee to have access to information concerning courses or seminars
conducted by the provider for continuing education credit in order to audit or monitor the information.
Rulemaking Authority, 455.2035, 468.8313, 468.8316, 468.8325, FS. Law Implemented, 455.2178,
455.2179, 468.8313, 468.8316, FS. History– New ______.
61-30.503 Course Approval, Prelicensure and Continuing Education
(1) Prelicensure and continuing education courses shall be valid for purposes of the licensure and
continuing education requirement only if such courses have received approval from the department before
the course is offered.
(2) The department shall approve education courses for two years from the date approved when the
following requirements are met:
(a) Application for courses must be submitted using the Home Inspector Course Application, form
number DBPR HI 0404, “Education Course Application”, effective July 2012, adopted and incorporated
herein by reference. The form may be obtained by contacting the department at the following address:
Home Inspection Licensing Program, 1940 N. Monroe Street, Tallahassee, Florida 32399-0783 or at
________________________________.
(b) The course provider shall submit to the department the following for course approval before the
course is offered: an application, a detailed course outline describing the course’s content and subject
matter, and a written statement that explains in detail how the course relates to the practice of home
inspection.
(c) The application shall include the total number of classroom or interactive distance learning hours,
the course syllabus, and the name and qualifications of all instructors.
(3) A course provider making application to offer interactive distance learning must submit documents
indicating the following:
(a) The means by which the course will demonstrate interactivity between the student and course
provider, which promotes student involvement, and demonstrates that the course measures learning and
addresses comprehension of content at regular intervals.
(b) The means by which the course provider is able to monitor student enrollment, participation and
course completion.
(c) The means by which the course provider will be able to satisfactorily demonstrate that stated course
hours are consistent with the actual hours spent by each student to complete the course.
(d) The means by which the provider will assure qualified instructor(s) will be available to answer
questions and provide students with necessary support during the course.
(e) That the student will be required to complete a statement at the beginning and end of the course that
indicates that he/she personally completed each module/session of instruction.
(f) The means by which the course provider will verify student identification.
(4) Continuing education courses must address home inspection subjects and shall not involve the
promotion or sale of any products.
(5) Any substantive changes made to approved courses, which shall include instructor changes, must
be approved by the department before the changed course can be offered. Course approval shall be
rescinded by the department if such notification is not made or the changes fail to otherwise conform to this
rule.
(6) Course approvals shall be automatically rescinded if the provider status expires or is rescinded by
disciplinary action or otherwise.
(7) Instructors
(a) To demonstrate the education and/or experience necessary to instruct home inspectors for
continuing education credit, instructors must submit a resume and be approved by the department to teach
the course, or parts of a course, to which the instructor is assigned.
(b) No home inspector or provider who is under disciplinary restrictions pursuant to any order of the
department may conduct continuing education. Upon receipt of notice that an instructor is under discipline,
the provider shall, within seven (7) days, write to the Home Inspection Licensing Program and confirm that
the instructor is no longer instructing any course or seminar offered by the provider.
(c) Upon a change of instructors, the provider shall submit the credentials of the new instructor to the
department for approval.
Rulemaking Authority 455.2035, 455.213(6) 468.8313(3) 468.8316, 468.8325, FS. Law Implemented
455.213(6), 455.2177(4), 455.2178, 455.2179 , 468.8313, 468.8316, FS. History– New ______.
61-30.602 Disciplinary Guidelines
(1) Whenever the department finds a licensee in violation of a provision of Chapter 455 or 468, Part
XV, F.S., the following Disciplinary Guidelines shall be followed:
Description of Violation
Penalty Range for Subsequent
Penalty Range for First
Statutory
Violation
Violation.
Violation.
Fine up to $1000, plus reprimand, Fine up to $5000, plus probation,
468.832 (1)(a) Violation of any provision of Chapter
468, Part XV or 455.227(1)F.S.
probation, or suspension.
suspension, revocation.
468.832 (1)(b) Attempting to procure a license by
Fine up to $1000, plus reprimand, Fine up to $5000, plus probation,
bribery or fraudulent misrepresentations. probation, suspension, revocation, suspension, revocation, denial of
or denial of license.
license.
468.832 (1)(c ) Having a license to practice home
Fine up to $1000, plus reprimand, Fine up to $5000 plus reprimand,
inspection services revoked, suspended, probation, suspension, or
probation, suspension, or
or
revocation.
455.227(1)(f) denied or acted against in another state, revocation.
territory or country.
Fine up to $1000, plus reprimand, Fine up to $5000, plus revocation.
468.832 (1)(d) Being convicted, found guilty, pleaing
nolo contendere to, regardless of
suspension, or revocation.
or
455.227(1)(c) adjudication, a crime in any jurisdiction
that directly relates to the practice or
ability to practice home inspection
services.
Fine up to $1000, plus reprimand, Fine up to $5000, plus revocation.
468.832 (1)(e) Making or filing a report or record the
licensee knows to be false, willfully
probation, suspension, or
or
455.227(1)(l) failing to file a record or report required revocation.
by state or federal law, willfully
impeding or obstructing such filing.
468.832 (1)(f) Advertising goods or services in a
Fine up to $1000 plus reprimand, Fine up to $5000 ; plus
manner that is fraudulent, false,
probation, or suspension.
peprimand, probation, suspension,
deceptive, or misleading in form or
pevocation.
content.
468.832 (1)(g) Engaging in fraud, deceit, negligence,
Fine up to $5000, plus reprimand, Fine up to $5000, plus reprimand,
incompetence or misconduct in the
probation, suspension, or
probation, suspension, revocation.
practice of home inspection services.
revocation.
468.832 (1)(h) Failing to perform any statutory or legal Fine up to $1000, plus reprimand, Fine up to $5000, plus probation,
obligation placed upon a licensed home probation, or suspension.
suspension, revocation.
inspector; violating any provision of this
chapter, a rule of the department, or a
lawful order of the department
previously entered in a disciplinary
hearing; or failing to comply with a
lawfully issued subpoena of the
department.
Fine up to $1000, plus reprimand, Fine up to $5000, plus probation,
468.832 (1)(i) Practicing on a revoked, suspended,
inactive or delinquent license.
probation, suspension, or
suspension, revocation.
revocation.
455.227(1)(a) Making false, fraudulent, deceptive or
Fine up to $1000, plus reprimand, Fine up to $5000, plus reprimand,
misleading representations in or related probation, or suspension.
probation, suspension, revocation.
to the practice of the licensee’s
profession.
455.227(1)(b) Intentionally violating any rule adopted Fine up to $1000, plus reprimand, Fine up to $5000, plus suspension,
by the department.
probation, or suspension.
revocation.
455.227(1)(g) Having been found civilly liable for
Fine up to $1000, plus reprimand, Fine up to $5000, plus suspension,
knowingly filing a false report or
or probation.
revocation.
complaint with the department against
another licensee.
455.227(1)(h) Attempting to obtain, obtaining or
Fine up to $1000 ; Plus
Fine up to $5000 ; plus probation,
455.227(1)(i)
455.227(1)(j)
renewing a license to rpactice by bribery
or fraudulent misrepresentation or
through an error of the department.
Failing to report to the department any
person who the licensee knows is in
violation of Chapter 455, the chapter
regulating the alleged vioplator, or the
rules of the department
Aid, assist, procure, employ or advise
unlicensed person or entity to practice
profession contrary to Chapter 468, Part
XV, or 455, or rules of the department.
Failing to perform any statutory or legal
obligation placed upon a licensee.
Reprimand, Probation,
Suspension, or Revocation.
suspension, revocation.
Fine up to $1000, plus reprimand. Fine up to $5000, plus probation,
suspension, revocation.
Fine up to $1000, plus reprimand, Fine up to $5000, plus suspension,
probation, suspension, or
revocation.
revocation.
Fine up to $5000, plus reprimand, Fine up to $5000, plus suspension,
probation, suspension, or
revocation.
revocation.
455.227(1)(m) Making deceptive, untrue or fraudulent Fine up to $1000, plus reprimand, Fine up to $5000, plus revocation,
representations in or related to practice of suspension, or revocation.
denial of license.
the licensee’s profession.
455.227(1)(n) Exercise influence on client for improper Fine up to $1000, plus reprimand, Fine up to $5000, plus reprimand,
financial gain of licensee or third party. probation, suspension, or
probation, suspension, revocation.
revocation.
455.227(1)(o) Practicing or offering to practice beyond Fine up to $1000, plus reprimand, Fine up to $5000 ; plus
the scope of a license.
probation.
suspension.
Fine up to $1000 ; plus reprimand, Fine up to $5000, plus suspension,
455.227(1)(p) Delegating or contracting for the
performance of professional
probation.
revocation.
responsibilities by a person when the
licensee delegating or contracting for
performance knows or has reason to
know, such person is not qualified by
training, experience, and authorization
when required to perform them.
455.227(1)(q) Violating any provision of Chapter 468, Fine up to $1000, plus reprimand, Fine up to $2500, plus probation,
Part XV, or 455, rules of the department probation.
suspension.
or any lawful order of the department.
455.227(1)(r) Improperly interfering with an
Fine up to $1000, plus reprimand, Fine up to $1000, plus suspension,
investigation, inspection or disciplinary probation suspension, or denial of revocation, denial of licensure.
proceeding.
licensure.
Fine up to $1000, plus reprimand, Fine up to $5000, plus revocation.
455.227(1)(t) Failing to report in writing to the
department within 30 days after the
suspension, or revocation.
licensee is convicted of, or entered a plea
of nolo contendere or guilty to,
regardless of adjudication, a crime in any
jurisdiction.
(2) Conditions, all or any of which may be imposed with probation are:
(a) Licensee is placed on probation for a period of time as determined by the department;
(b) Failure to comply with any provision of an order shall result in the filing of a new complaint and if
the licensee is found to be in violation, the license will be suspended until the licensee is compliant;
(c) The licensee shall demonstrate compliance with all the conditions of the Probationary Order, prior
to the lifting of probation;
(d) Licensee shall complete no more than 24 hours of continuning eduation courses of a specified type,
as set forth by the Department;
(e) Licensee shall provide quarterly reports setting forth the number and type of home inspections
conducted, the .
(3) Aggravating/Mitigating Circumstances: The existence of aggravating or mitigating circumstances,
as set forth below, will permit deviation from the guidelines upon clear and convincing evidence. When
455.227(1)(k)
considering a Recommended Order, the fact that a Hearing Officer may or may not have been aware of
aggravating or mitigating circumstances prior to recommending a penalty, shall not obviate the duty of the
department to consider them when brought to its attention prior to the issuance of a Final Order.
(a) Aggravating circumstances; circumstances which may justify deviating from the disciplinary
guidelines include, but are not limited to:
1. History of previous violation of the practice act or the rules promulgated thereunder;
2. The magnitude and scope of the project and the damage inflicted upon the public;
3. Evidence of violation of professional practice acts in other jurisdictions which resulted in discipline
by the regulatory authority;
4. Failure to attempt to correct the violation by the licensee;
5. Any other relevant aggravating circumstances.
(b) Mitigating circumstances; circumstances which may justify deviating from the disciplinary
guidelines include, but are not limited to:
1. In cases of negligence, the minor nature of the project in question and the lack of danger to the
public health, safety or welfare which resulted;
2. Lack of previous disciplinary history in this or any other jurisdiction wherein the licensee practices
or has practiced;
3. Restitution of any damages suffered by the licensee’s client;
4. Remedial steps taken by the licensee to avoid similar violations in the future;
5. Attempts by the licensee to correct the violation.;
6. Any other relevant mitigating circumstances.
Rulemaking Authority 455.2035, 455.227(3), 455.2273, 468.8325, FS. Law Implemented 455.227,
455.2273, 468.832, 468.8319, FS. History– New ______.
61-30.603 Notice of Noncompliance
(1) As an alternative to the provisions of Section 455.225(3)(a), F.S., the department may provide a
licensee with a notice of noncompliance for an initial offense of a minor violation.
(2) Minor violations that do not endanger the public health, safety and welfare, and which do not
demonstrate a serious inability to practice the profession are:
(a) Failure to provide a copy of the home inspector’s license and disclosure of the scope and
exclusions of a home inspection prior to contracting for or commencing a home inspection, in violation of
486.8321.
(3) This designation of violations as minor for the purposes of Section 455.225(3), F.S., is limited to
initial violations in which corrective action is commenced within 15 days of the department's issuance of a
notice of noncompliance. The violation must be corrected within 15 days. If it cannot be corrected within
15 days, then corrective action must be commenced within 15 days and the licensee must move with due
diligence to complete the corrective action. A violation which continues past that period shall no longer be
deemed a minor violation and shall be treated as a citation offense, pursuant to Rule 61-30.604, F.A.C.
Violations of this section, except as provided herein, shall be handled in accordance with the standard
disciplinary guidelines. Nothing provided in this section shall restrict the department from seeking full
prosecution in such instances where aggravating circumstances are present, which would preclude a minor
violation dismissal.
Rulemaking Authority 455.225(3), FS. Law Implemented 455.225, 468.832, 468.8319, 120, 695(1), FS.
History– New ______.
61-30.604 Citations
(1)The following violations may be resolved by the issuance of a citation pursuant to Section 455.224,
F.S., and Chapter 61-30, F.A.C.:
Fine
Violation
(a) Practice by an individual with an inactive or
delinquent license in violation of
Section
468.832(1)(i), F.S.
(b) Failure to commence corrective action within 15
days of the department’s issuance of a notice of
noncompliance or where the offense is other than
the initial one in violation of Rule 61-30.603,
F.A.C.
(c) Failure to provide a copy of the dislosure of the
scope and exclusions of a home inspection prior to
contracting for or commencing a home inspection in
violation of Section 468.8321, F.S.
$1,000.00
$500.00
$1,000.00
(d) Failure to maintain at least $300,000 general
liability insurance coverage in violation of Section
468.8322, F.S.
$1,000.00
(2) In addition to the penalties specified above, the department may recover the costs of investigation
associated with the citation.
(3) Citations shall be issued pursuant to this rule where no harm to consumers results from the
violation.
Rulemaking Authority 455.2035, 455.224(2), 468.8325, FS. Law Implemented 455.224, 468.832,
468.8321, 468.8322, FS. History– New ______.
61-30.605 Mediation
The following alleged violations may be resolved by mediation using the procedure adopted by the
department pursuant to Section 455.2235, F.S.:
(1) Section 468.832(1)(g), F.S., Committing fraud, deceit, negligence, incompetency or misconduct in
the practice of home inspection related services.
(2) Section 468.832(1)(h), F.S., Failing to perform any statutory or legal obligation placed upon a
licensed home inspector.
Rulemaking Authority 455.2035, 455.2235(1), FS. Law Implemented 455.2235, FS., History – New
_______.
61-30.801 Standards of Practice, General
(1) The purpose of these Standards of Practice is to establish a standard for home inspectors
licensed under Chapter 468 Section XV of the Florida Statutes.
(2) Home inspections performed to these Standards of Practice are intended to provide the client
with information regarding the overall condition of installed systems and components of the home based on
observation of the visible and apparent condition of the structure and components at the time of the home
inspection and to report on the presence of any material defects. A home inspection does not include the
prediction of future conditions.
(3) These standards shall not be construed as limiting the scope of the inspection process in those
areas where the inspector is qualified and/or has special knowledge.
(4) The inspector shall inspect readily accessible, installed systems and components of homes
listed in these Standards of Practice by using normal operating controls and opening readily openable
access panels. Where multiple instances of the same component exist, a representative number shall be
inspected.
(5) The inspector shall describe, when required by these standards, systems or components by
their type and/or significant characteristics.
(6) The inspector shall report on those systems and components inspected which, in the
professional opinion of the inspector:
(a) Are not functioning properly; or
(b) Are unsafe, i.e., create a significant risk of personal injury during normal, day-to-day use; or
(c) Are significantly deficient; or
(d) Are near the end of their service lives.
(7) If not self-evident to the client at the time of inspection, the inspector shall give a reason why,
in his or her opinion, the system or component was reported as significantly deficient or near the end of its
service life.
(8) The inspector shall make recommendations for correction and/or monitoring, or further
evaluation of the deficiencies that the inspector observed.
(9) The inspector shall document any systems or components designated for inspection in these
Standards of Practice which were present at the time of the home inspection but were not inspected and any
reasons why they were not inspected.
(10) These Standards of Practice do not limit inspectors from:
(a) Including other inspection services, in addition to those required by these Standards of
Practice;
(b) Specifying repairs, provided the inspector is appropriately qualified and willing to do so.
(c) Excluding systems and components from the inspection if agreed upon by the inspector and
client.
Rulemaking Authority 468.8325, FS. Law Implemented 468.8323, 468.832(1)(j),FS. History– New ______.
61-30.802 Standards of Practice, Structure
(1) The inspector shall inspect all of the visible structural components, including visible portions
of the foundation, walls, posts, beams, columns, joists, rafters, trusses, other framing and the ventilation of
attics and foundation areas. The inspector shall inspect by probing of structural components where
deterioration is visible or suspected or where clear indications of possible deterioration exist. Probing is
not required when, in the opinion of the inspector, probing would only further damage any area already
identified as defective or where no deterioration is visible or presumed to exist.
(2) The inspector shall describe:
(a) Foundation;
(b) Floor structure;
(c) Wall structure;
(d) Ceiling structure;
(e) Roof structure;
(f) The methods used to inspect the attic space and under floor crawl space, if present.
(3) The inspector is not required to enter or traverse any under-floor crawl space or attic, if in the
opinion of the inspector:
(a) An unsafe or unsanitary condition exists;
(b) Enter areas in which inadequate clearance exists to allow the inspector safe entering or
traversing;
(c) The potential exists to cause damage to insulation, ductwork, other components or stored
items.
(4) The inspector is not required to provide any engineering or architectural services or offer an
opinion as to the adequacy of any structural system or component.
Rulemaking Authority 468.8325,FS. Law Implemented 468.8323, 468.832(1)(j),FS. History– New ______.
61-30.803 Standards of Practice, Electrical Systems
(1) The inspector shall inspect:
(a) The service entrance conductors, drip loop, cables, and raceways;
(b) The main service equipment and main disconnects;
(c) The service grounding;
(d) The interior components of main service panels and sub panels;
(e) The conductors;
(f) The over current protection devices;
(g) A representative number of readily accessible installed lighting fixtures, switches, and
receptacles;
(h) The ground fault circuit interrupters;
(i) The arc fault circuit interrupters.
(2) The inspector shall describe:
(a) The amperage and voltage rating of the service;
(b) The location of main disconnect(s) and sub panels;
(c) The wiring methods or type;
(d) On the presence or absence of smoke detectors;
(e) On the presence or absence of Carbon Monoxide detectors.
(3) The inspector is not required to inspect:
(a) Remote control devices;
(b) Security alarm systems and components;
(c) Low voltage wiring, systems and components, ancillary wiring and systems and components
not a part of the primary electrical power distribution system;
(d) Generators, photovoltaic solar collectors or battery or electrical storage devices and associated
equipment.
(4) The inspector is not required to:
(a) Measure amperage, voltage or impedance;
(b) Perform a load calculation;
(c) Insert any tool, probe, or device into any electrical component;
(d) Determine the accuracy of circuit labeling.
Rulemaking Authority 468.8325, FS. Law Implemented 468.8323, 468.832(1)(j), FS. History– New ______.
61-30.804 Standards of Practice, HVAC Systems
(1) Heating and air conditioning components:
(a) The inspector shall inspect the following readily accessible heating and air conditioning
components:
1. Installed heating equipment;
2. Fuel storage and fuel distribution systems;
3. Vent systems, flues, and chimneys;
4. Ductwork and air distribution components;.
5. The mechanical ventilation systems.
(b) The inspector shall describe within the heating and air conditioning component:
1. The heating system energy source(s);
2. The heating method by its distinguishing characteristics;
3. The heating system capacity in BTUs or kilowatts;
4. The location and condition of the air handler unit/furnace.
(c) With regards to heating and air conditioning components, the inspector is not required to
inspect:
1. The interiors of flues or chimneys which are not readily accessible;
2. Heat exchangers;
3. Humidifiers or dehumidifiers;
4. Electronic air filters, sanitizers, or UV lights;
5. Solar space heating systems.
(2) HVAC distribution systems:
(a) The inspector shall inspect readily accessible HVAC distribution systems.
(b) The inspector shall describe within the HVAC distribution systems:
1. The energy source;
2. The cooling method by its distinguishing characteristics;
3. The presence of condensate over flow warning/shutoff devices.
(c) With regards to HVAC distribution systems, the inspector is not required to inspect:
1. Electronic air filters, sanitizers, or UV lights;
2. Humidistats;
3. Automatic HVAC zoned systems, dampers, controls, that are not readily accessible;
4. Removable window air conditioning systems.
(3) The inspector is not required to:
(a) Determine heat supply adequacy or distribution balance;
(b) Operate heat pump systems when ambient temperatures pose the potential for damage to the
air
conditioning system;
(c) Determine cooling supply adequacy, distribution balance or indoor air quality;
(d) Operate the air conditioning system when ambient temperatures pose the potential for damage
to the air conditioning system.
Rulemaking Authority 468.8325,FS. Law Implemented 468.8323, 468.832(1)(j),FS.
History– New ______.
61-30.805 Standards of Practice, Roof Covering
(1) The inspector shall inspect:
(a) The roofing materials;
(b) The flashings;
(c) The skylights, chimneys, and roof penetrations;
(d) The roof drainage systems;
(e) The ventilation of attics and foundation areas.
(2) The inspector shall describe:
(a) The roofing materials;
(b) The methods used to inspect the roof;
(c) The absence of insulation in unfinished spaces at conditioned surfaces.
(3) The inspector is not required to inspect:
(a) Components or systems that are not readily accessible;
(b) Antenna or other installed accessories;
(c ) Interiors of flues or chimneys which are not readily accessible.
(4) The inspector is not required to walk on the roof surface when, in the opinion of the inspector,
the following conditions exist:
(a) The roof slope is excessive to safely walk on;
(b) There is no safe access to the roof;
(c) The climatic conditions render the roof unsafe to walk on;
(d) The condition of the roofing material or roof decking renders the roof unsafe to walk on;
(e) Walking on the roof may cause damage to the roof covering materials;
(f) Walking will place any liability or danger to the homeowner or other representatives involved
in the home inspection process.
(5) The inspector is not required to disturb insulation.
Rulemaking Authority 468.8325,FS. Law Implemented 468.8323, 468.832(1)(j),FS. History– New ______.
61-30.806 Standards of Practice, Plumbing System
(1) The inspector shall inspect:
(a) The interior water supply piping and distribution systems including all fixtures, faucets, and
components;
(b) The drain, waste and vent systems, including all plumbing fixtures;
(c) The water heating equipment;
(d) The vent systems, flues, and chimneys;
(e) The drainage sumps, sump pumps, and related piping.
(2) The inspector shall describe:
(a) The materials used for water supply, drain, waste, and vent piping;
(b) The water heating equipment including the energy source;
(c) The location of main water and main fuel shut-off valves.
(3) The inspector is not required to inspect:
(a) The wells or water storage related equipment;
(b) The water conditioning systems;
(c) The solar water heating systems;
(d) The fire sprinkler systems;
(e) The private waste disposal systems;
(f) The test shower pans, tub and shower surround for leakage;
(g) The irrigation system(s).
(4) The inspector is not required to determine:
(a) Whether water supply and waste disposal systems are public or private;
(b) The quantity or quality of the water supply, including the quantity or quality of the irrigation
system supply, of if the function flow at the time of the inspection or thereafter will meet the client’s needs;
(c) Operate safety valves or shut-off valves.
Rulemaking Authority 468.8325,FS. Law Implemented 468.8323, 468.832(1)(j),FS. History– New ______.
61-30.807 Standards of Practice, Interior Components
(1) The inspector shall inspect:
(a) Interior walls, ceilings, and floors;
(b) Steps, stairways, and railings;
(c) Countertops and representative number of installed cabinets;
(d) Garage doors and garage door operators;
(e) A representative number of doors and windows and their operating locks and latches or other
opening mechanisms;
(f) The interior doors and windows, and their operating mechanisms, locks and latches;
(g) The insulation and vapor retarders in unfinished spaces.
(2) The inspector shall describe:
(a) The insulation and vapor retarders in unfinished spaces;
(b) The absence of insulation in unfinished spaces at conditioned surfaces.
(3) The inspector is not required to disturb insulation.
(4) The inspector is not required to inspect:
(a) Paint, wallpaper, window treatments, and other specialty finish treatments;
(b) Carpeting;
(c) Window treatments;
(d) Central vacuum systems;
(e) Recreational facilities.
(5) The inspector is not required to open or operate any windows or doors and access covers that
are permanently or temporarily secured by mechanical means, are painted shut, or are blocked by
stored items or furniture.
Rulemaking Authority 468.8325,FS. Law Implemented 468.8323, 468.832(1)(j),FS. History– New ______.
61-30.808 Standards of Practice, Fireplaces And Solid Fuel Burning Appliances
(1) The inspector shall inspect:
(a) System components;
(b) Vent systems, flues, and chimneys.
(2) The inspector shall describe:
(a) Fireplaces and solid fuel burning appliances;
(b) Chimneys.
(3) The inspector is not required to inspect:
(a) The fire screens and doors, if not permanently attached;
(b) The seals and gaskets;
(c) The automatic fuel feed devices;
(d) The mantles and fireplace surrounds;
(e) The combustion make-up air devices;
(f) The heat distribution assists whether gravity controlled or fan assisted.
(4) The inspector is not required to:
(a) Ignite or extinguish fires;
(b) Light gas fireplaces or heaters, or other unlit pilot light device;
(c) Determine draft characteristics;
(d) Move fireplace inserts or stoves or firebox contents.
Rulemaking Authority 468.8325,FS. Law Implemented 468.8323, 468.832(1)(j),FS. History– New ______.
61-30.809 Standards of Practice, Household Appliances
(1) The inspector shall inspect household appliances for normal operation – using normal
operating controls to activate a primary function.
(2) The inspector shall describe the type of household appliance.
(3) The inspector is not required to:
(a) Activate any system or appliance that is shut down, disconnected, or otherwise rendered
inoperable;
(b) Operate or evaluate any system, component or appliance that does not respond to normal user
controls;
(c) Operate any gas appliance that requires the manual lighting of a pilot light or burner device;
(d) Operate any system, appliance or feature that requires the use of special codes, keys,
combinations, or devices or where user manual reference is required;
(e) Operate any system, component, or appliance where in the opinion of the inspector, damage
may occur;
(f) Determine thermostat(s) calibration, adequacy of heating elements, operate or evaluate self
cleaning cycles, door seals, indicator lights, timers, clocks or timed features, defrost cycles or frost free
features, or other specialist feature as it applies to the appliance device;
(g) Determine leakage from microwaves ovens;
(h) Determine the presence or operation of back draft damper devices in exhaust devices;
(i) Move any appliance;
(j) Confirm operation of every control or feature of a system or appliance.
Rulemaking Authority 468.8325,FS. Law Implemented 468.8323, 468.832(1)(j),FS. History– New ______.
61-30.810 Standards of Practice, Exterior Components
(1) The inspector shall inspect:
(a) The exterior wall cladding, flashing and trim;
(b) All exterior doors;
(c) The attached decks, balconies, stoops, steps, porches, and their associated railings;
(d) The eaves, soffits and fascias where accessible from the ground level;
(e) The walkways, patios, and driveways leading to the dwelling entrances;
(f) The ventilation of attics and foundation areas.
(2) The inspector shall describe the exterior siding/cladding.
(3) The inspector is not required to inspect:
(a) Window and door screening, shutters, awnings, and similar seasonal or protective accessories
and devices;
(b) Fences;
(c) Geological, geotechnical or hydrological;
(d) Recreational facilities;
(e) Outbuildings;
(f) Swimming pools, seawalls, break-walls, boat lifts and / or docks;
(g) Erosion control and earth stabilization measures.
(4) The inspector is not required to move furniture, appliances, lawn and garden equipment, tools,
stored items, wall decorations, floor covering, clothing or any items that block the view and access to
components or structure.
Rulemaking Authority 468.8325,FS. Law Implemented 468.8323, 468.832(1)(j),FS. History– New ______.
61-30.811 Standards of Practice, Site Conditions that Affect the Structure
(1) The inspector shall inspect the vegetation, grading, surface drainage, and retaining walls on
the property when any of these are likely to adversely affect the structure.
(2) The inspector is not required to inspect:
(a) Geological, geotechnical or hydrological site conditions;
(b) Erosion control and earth stabilization measures.
Rulemaking Authority 468.8325,FS. Law Implemented 468.8323, 468.832(1)(j),FS. History– New ______.
61-30.812 Standards of Practice, General Limitations and Exclusions
(1) General limitations for inspections:
(a) Inspections are visual non-invasive only and are not technically exhaustive.
(b) Inspections are subjective and rely upon the inspector’s opinion, judgment, training, and
experience.
(2) Home inspectors are not required to perform any action or make any determination unless
specifically stated in these Standards of Practice. Inspectors are not required to:
(a) Determine the condition of systems or components which are not readily
accessible;
(b) Offer or give warranties or guarantees of any kind;
(c) Operate:
1. Any system or component which is shut down or otherwise inoperable or could cause damage;
2. Any system or component which does not respond to normal operating controls;
3. Shut-off valves of any type;
4. Automatic safety controls, valves or devices of any type;
(d) Enter:
1. Any area which will, in the opinion of the inspector, likely be dangerous to the inspector or
other persons or damage the property or its systems or components. This situation shall be noted in the
home inspection report;
2. The under-floor crawl space or attics which are not readily accessible. This situation shall be
noted in the home inspection report;
(e) Inspect:
1. Systems or components which are not installed or readily accessible;
2. Installed decorative items;
3. Systems or components located in areas that are not entered in accordance with these Standards
of Practice;
4. Detached structures other than garages and carports;
5. Common elements or common areas in multi-unit housing, such as condominium properties or
cooperative housing;
(f) Perform any procedure or operation which will, in the opinion of the inspector, likely to be
dangerous to the inspector or other persons or damage the property or its systems or components. This
situation shall be noted in the home inspection report;
(g) Describe or report on any system or component that is not included in these Standards and
was not inspected;
(h) Move furniture, appliances, lawn and garden equipment, tools, stored items, personal
belongings, wall or floor decorations, floor covering, suspended ceilings, clothing, debris, soil, snow, ice or
any items or material that blocks view and/or access to areas, components or structure. This situation will
be noted in the home inspection report.
(3) Home Inspectors shall not practice beyond the scope of their license as a home inspector. The
following actions are beyond the scope of a Home Inspector License:
(a) Identifying concealed conditions or latent defects;
(b) Determining:
1. The strength, adequacy, effectiveness, or efficiency of any system or component;
2. The causes of any condition or deficiency;
3. The methods, materials, or costs of corrections;
4. Future conditions including, but not limited to, failure of systems and components;
5. The suitability of the property for any specialized use;
6. Compliance with regulatory requirements (codes, regulations, laws, ordinances, etc.),
manufacturer specifications, installation procedures or instructions;
7. The market value of the property or its marketability;
8. The advisability of the purchase of the property;
9. The presence of potentially hazardous plants or animals including, but not limited to wood
destroying organisms or diseases harmful to humans;
10. The presence of any environmental hazards including, but not limited to fungi, molds, toxins,
carcinogens, noise, and contaminants in soil, water, and air;
11. The effectiveness of any system installed or methods utilized to control or remove suspected
hazardous substances;
12. The operating costs of systems or components;
13. The acoustical properties of any system or component;
14. Conditions that might affect the ability to obtain insurance and/or the price of insurance;
15. The calibration of measuring devices including timers, clocks, thermostats, and gauges;
16. The integrity of thermal glass seals;
17. The presence of manufacturers’ defects in any product, material, component, equipment, or
system, or information related to recall notices;
18. Installation conformance to manufacturers’ instructions for any product, component, element,
device, or system;
(c) Offering to:
1. Perform any act or service contrary to law;
2. Perform engineering/architectural services;
3. Perform work in any trade or any professional service other than home inspection;
(d) Inspecting:
1. Underground items including, but not limited to underground storage tanks or other indications
of their presence, whether abandoned or active;
2. Recreational facilities;
(e) Dismantling any system or component, except as explicitly required by these Standards of
Practice;
(f) Utilizing special instruments, tools, or measuring devices of any kind to measure moisture,
humidity, water or air volume, water or air flow, water potability, air quality, temperature, voltage,
amperage, electrical grounding, polarity, and continuity, VOC’s, microwaves, electromagnetic fields, and
other similar kinds of conditions or activities;
(g) Operating equipment, appliances, or devices on more than one cycle, zone, or phase or operate
any device, appliance, system, or equipment which in the opinion of the inspector may fail during the act of
inspection; and
(h) Providing any information from any source regarding property ownership, property
boundaries, liens, outstanding loans, code violations, reports of hazardous materials, manufacturers’ recalls,
Consumer Protection Agency bulletins, and other similar kinds of public information.
Rulemaking Authority 468.8325,FS. Law Implemented 468.8323, 468.832(1)(j),FS. History– New ______.
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