NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES  skip navigation

Home 100, 200, 217, 300-500
Adopted 7/7/09, Effective 7/8/09

 

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CHAPTER Home 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

            PART Home 101 PURPOSE AND SCOPE

                                Section Home 101.01 Purpose and Scope

            PART Home 102 DEFINITIONS

                        Section Home 102.01 Terms Used

            PART Home 103 BOARD ORGANIZATION

                        Section Home 103.01 Duties and Responsibilities

                        Section Home 103.02 Composition of the Board

                        Section Home 103.03 The Chairperson and Vice Chairperson

                        Section Home 103.04 Staff

                        Section Home 103.05 Organization

                        Section Home 103.06 Seal

                        Section Home 103.07 Office Hours, Location, Mailing Address & Telephone

            PART Home 104 PUBLIC INFORMATION

                        Section Home 104.01 Record of Board Actions

                        Section Home 104.02 Custodian of Records

                        Section Home 104.03 Roster Distribution      

            PART Home 105 MEETINGS, DELIBERATIONS AND DECISIONS

                        Section Home 105.01 Meetings

                        Section Home 105.02 Quorum

                        Section Home 105.03 Board Meeting Procedures

                        Section Home 105.04 Procedures

                        Section Home 105.05 Tentative Decisions

            PART Home 106 APPOINTMENT OF COMMITTEES

                        Section Home 106.01 Committees

CHAPTER Home 200 PRACTICE AND PROCEDURE

PART Home 201 PURPOSE AND SCOPE

Section Home 201.01 Purpose and Scope

PART Home 202 DEFINITIONS

Section Home 202.01 Definitions

         PART Home 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

Section Home 203.01 Presiding Officer; Appointment; Authority   

Section Home 203.02 Withdrawal of Presiding Officer

Section Home 203.03 Waiver or Suspension of Rules by Presiding Officer       

PART Home 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

Section Home 204.01 Date of Issuance or Filing

Section Home 204.02 Format of Documents

Section Home 204.03 Delivery of Documents

         PART Home 205 TIME PERIODS

Section Home 205.01 Computation of Time       

PART Home 206 MOTIONS AND PLEADINGS

Section Home 206.01 Motions; Objections

Section Home 206.02 Pleadings

PART Home 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES   

Section Home 207.01 Commencement of Hearing   

Section Home 207.02 Docket Numbers

Section Home 207.03 Notice of Hearing

Section Home 207.04 Appearances and Representation

Section Home 207.05 Prehearing Conference

PART Home 208 ROLES OF BOARD STAFF AND COMPLAINANTS

Section Home 208.01 Role of Board Staff in Enforcement or Disciplinary Hearings

Section Home 208.02 Role of Complainants in Enforcement or Disciplinary Hearings

PART Home 209 INTERVENTION

Section Home 209.01 Intervention

PART Home 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING

Section Home 210.01 Postponements

Section Home 210.02 Failure to Attend Hearing

PART Home 211 REQUESTS FOR INFORMATION OR DOCUMENTS

Section Home 211.01 Voluntary Production of Information

Section Home 211.02 Motions to Compel Production of Information

Section Home 211.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits 

PART Home 212 RECORD, PROOF, EVIDENCE AND DECISIONS

Section Home 212.01 Record of the Hearing

Section Home 212.02 Standard and Burden of Proof

Section Home 212.03 Testimony; Order of Proceeding

Section Home 212.04 Evidence

Section Home 212.05 Proposed Findings of Fact and Conclusions of Law

Section Home 212.06 Closing the Record

Section Home 212.07 Reopening the Record

Section Home 212.08 Decisions

PART Home 213 MOTION FOR REHEARING   

Section Home 213.01 Purpose

Section Home 213.02 Applicability

Section Home 213.03 Filing and Content of Motion

Section Home 213.04 Standard for Granting Motion for Rehearing

Section Home 213.05 Decision on Motion for Rehearing

PART Home 214 RULEMAKING PUBLIC COMMENT HEARINGS   

Section Home 214.01 Purpose

Section Home 214.02 Scope

Section Home 214.03 Notice

Section Home 214.04 Media Access

Section Home 214.05 Moderator

Section Home 214.06 Public Participation

PART Home 215 PETITIONS FOR RULEMAKING

Section Home 215.01 Petition for Rulemaking

Section Home 215.02 Disposition of Petition

PART Home 216 DECLARATORY RULINGS

Section Home 216.01 Petitions

Section Home 216.02 Action on Petitions

        PART Home 217 EXPLANATION AFTER ADOPTION

                Section Home 217.01 Explanation after Adoption

CHAPTER 300 LICENSURE REQUIREMENTS        

PART Home 301 APPLICATION REQUIREMENTS  

            Section Home 301.01 Application Process

            Section Home 301.02 Application for Licensure

            Section Home 301.03 Additional Requirements

            Section Home 301.04 Application/ Licensure Fees

            Section Home 301.05 Fees     

PART Home 302 QUALIFICATION OF APPLICANTS

            Section Home 302.01 Candidate Requirements

            Section Home 302.02 Denial of Application

            Section Home 302.03 Approval of Pre-Licensing Courses

           PART Home 303 EXAMINATIONS

                Section Home 303.01 Examinations

PART Home 304 RECIPROCITY   

                Section Home 304.01 Reciprocity

          PART Home 305 CREDENTIALS

            Section Home 305.01 License

            Section Home 305.02 Pocket Cards

            Section Home 305.03 Licensed Home Inspector Seal/Stamp/License Number

CHAPTER Home 400 CONTINUED STATUS      

           PART Home 401 RENEWAL OF LICENSE

                       Section Home 401.01 Expirations and Renewals

                       Section Home 401.02 Renewal of License

                       Section Home 401.03 Renewal Application

                       Section Home 401.04 Denial of Renewal

                       Section Home 401.05 Reinstatement

                       Section Home 401.06 Denial of Reinstatement

           PART Home 402 DISCIPLINARY MATTERS

                       Section Home 402.01 Initiation of Disciplinary Action

                       Section Home 402.02 Disciplinary Sanctions

                       Section Home 402.03 Administrative Fines

                       Section Home 402.04 Procedures for Assessing and Collecting Fines

PART Home 403 CONTINUING EDUCATION   

                       Section Home 403.01 Renewal Requirements

                       Section Home 403.02 Continuing Education Hour Requirements

                        Section Home 403.03 Continuing Education Hour Credits

                        Section Home 403.04 Record Keeping

                        Section Home 403.05 Exemptions

                        Section Home 403.06 Waiver of Continuing Education Deadline                      

CHAPTER Home 500 ETHICAL STANDARDS AND PROFESSIONAL CONDUCT

            PART Home 501 ETHICAL STANDARDS/PROFESSIONAL CONDUCT

            Section Home 501.01 Purpose and Scope

            Section Home 501.02 Obligation To Obey

            Section Home 501.03 Code of Ethics

CHAPTER Home 600 STANDARDS OF PRACTICE

            PART Home 601 PURPOSE AND SCOPE

                        Section Home 601.01 Purpose and Scope

            PART Home 602 DEFINITIONS

                        Section Home 602.01   Definitions        

            PART Home 603 REPORT REQUIREMENTS

                        Section Home 603.01 Report Requirements

                        Section Home 603.02   Home Inspection Standards

CHAPTER Home 700 VOLUNTARY LICENSE SURRENDER

            PART Home 701 PROCEDURE AND EFFECT

                        Section Home 701.01 Procedure for Surrendering a License

                        Section Home 701.02 Effect of Voluntary License Surrender

                        Section Home 701.03 Voluntary Surrender When Misconduct Allegations are Pending

CHAPTER Home 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION    Back To Top

PART Home 101 PURPOSE AND SCOPE

Home 101.01 Purpose and Scope.    

(a)        The rules of this title implement the statutory responsibilities of the New Hampshire board of home inspectors created by RSA 310-A: 182.          

(b) These provisions regulate but are not limited to the licensing of home inspectors and the practice of home inspection in the state of New Hampshire.

PART Home 102 DEFINITIONS

            Home 102.01 Terms Used. As used in these rules, the following terms shall have the meanings indicated:  

           (a) "Board" means the New Hampshire board of home inspectors created by RSA 310-A:183.           

(b) "Executive director" means the board’s staff director, a person with delegated authority to perform administrative and clerical functions for the board.

(c) "Home inspector" means, “home inspector” as defined in RSA 310-A:183, IV namely " a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of home inspections as attested by licensing as a home inspector."

           (d) "Home inspection" means “home inspection” as defined in RSA 310-A:183, V namely “the process by which a home inspector visually examines the
            readily accessible systems and components of a home and which describes those systems and components in accordance with the board-approved
            standards of practice and code of ethics.”

PART Home 103 BOARD ORGANIZATION

            Home 103.01  Duties and Responsibilities The board shall administer the provisions of RSA 310-A:182-201 which include but are not limited to safeguarding  property, to promoting public welfare and maintaining a high standard of integrity, skills and practice in the profession of home inspectors in this state.

             Home 103.02  Composition of the Board. Pursuant to RSA 310-A:186, I the board shall consist of 7 members who meet the eligibility requirements of
RSA 310-A:186 I-, III.   

            Home 103.03  The Chairperson and Vice Chairperson.  The chairperson shall preside at all meetings. In the absence of the chairperson, the vice-chairperson shall preside.

            Home 103.04   Staff. The board shall designate an executive director and such other staff members as are necessary to perform the record-keeping and other statutory functions of the board and to oversee the board’s day-to-day operations.           

            Home 103.05   Organization. Every two years, the board shall elect or appoint a chairperson, vice-chairperson, and secretary at the first meeting of the board in a calendar year.

            Home 103.06   Seal.  The seal of the board shall be an embossed circular seal  consisting of 2 concentric circles, the outer circle having a diameter of 1 7/8 inches and an inner circle having a diameter of 1 3/8 inches. In the space between the 2 circles at the top of the seal there shall be the words “Board of Home Inspectors.” At the bottom of the seal, in the space between the 2 circles, there shall be the words “State of New Hampshire.” In the center space there shall be a representation of the Old Man in the Mountain with a blue background.

            Home 103.07     Office Hours, Office Location, Mailing Address and Telephone.

            (a)     The board’s office shall be located at the New Hampshire Joint Board, 57 Regional Drive, Concord, N.H. and shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.

            (b)     Correspondence shall be addressed to the board’s executive director at:

New Hampshire Joint Board

       57 Regional Drive
                Concord, N.H. 03301

            (c)     The board’s telephone number shall be (603)-271-2219.

PART Home 104 PUBLIC INFORMATION

            Home 104.01   Record of Board Actions. Minutes shall be kept of board meetings and of official actions taken by the board. Minutes of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be a governmental record and shall be available for inspection during the board’s ordinary office hours within 5 days from the close of the meeting or vote in questions unless the 72 hours availability requirement of RSA 91-A:3, III is applicable.

            Home 104.02  Custodian of Records. Persons desiring copies of board records shall submit a request which identifies as particularly as possible the information being sought and agrees to pay the actual costs incurred by the board for the documents provided. If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

            Home 104.03   Roster Distribution Copies of a roster containing names, addresses, and assigned numbers of licensed home inspectors shall be furnished upon request. The fee shall be $30.00.                                                                 

PART Home 105 MEETINGS, DELIBERATIONS AND DECISIONS

            Home 105.01  Meetings.  Regular meetings shall be held at least 3 times each year. Special meetings shall be called by order of the chairperson or secretary. Each member of the board shall be notified in writing of each meeting and such notice shall contain the place, date, time, and subject of the meeting. Notice of meetings shall be posted at the board office and the state house. 

            Home 105.02  Quorum.  A quorum of the board shall consist of not less than 4 members and a majority vote by the members present shall be necessary to pass a motion unless otherwise specified by law.  In the absence of the chair, vice chair, or secretary, a quorum of the board shall designate a pro tempore officer for the officer or officers absent.

            Home 105.03  Board Meeting Procedures.  The board shall conduct its meetings in the following order:

            (a)  Reading of the minutes;

            (b)  Interviews/meetings;

            (c)  Reading of communications;

            (d)  Reading and consideration of applications;

            (e)  Unfinished business;

            (f)  New business; and

            (g)  Adjournment.                     

            Home 105.04   Procedures.  Roberts Rules of Order, 10th edition dated 2000 shall govern the procedures of the board.           

            Home 105.05   Tentative Decisions         

            (a)     When necessary to conduct the board’s business in a timely and efficient manner, the board shall instruct its staff or a committee of the board to prepare a draft document, subject to subsequent review and approval by the board. Such instructions shall be known as tentative decisions. 

            (b)     Tentative decisions shall not be final actions, and shall not be binding upon the board. Changes in the form or the substance of a tentative decision shall be made as often as necessary to produce a final document, which satisfactorily sets forth the final result the board intends to reach. The board’s final decision shall be issued only when the necessary majority has voted in favor of the final form of the proposed action, allowing time for printing or servicing the document in question.                                                                                                    

PART Home 106 APPOINTMENT OF COMMITTEES

            Home 106.01  Committees

            (a)     A committee shall consist of one or more of board members who have been directed by the board to investigate and make recommendations on matters which could be handled by the full board.          

            (b)     When expressly authorized by the board, the authority of a committee shall include: 

                      (1)     The retention of voluntary assistance from qualified non-board members; and

                      (2)     The retention of paid advisors or consultants pursuant to RSA 332-:G:-3. 

CHAPTER Home 200 PRACTICE AND PROCEDURE    Back To Top

PART Home 201 PURPOSE AND SCOPE

             Home 201.01  Purpose and Scope.  The board shall conduct various proceedings for the purpose of acquiring sufficient information to make fair and reasoned decisions on matters within its statutory jurisdiction, including decisions on applications for licensure and complaints filed against license holders and others in the practice of home inspection. These rules are intended to secure the just, efficient and accurate resolution of all board proceedings.

 PART Home 202 DEFINITIONS

Home 202.01  Definitions.

            (a)  “Appearance” means a written notification to the board that a party or a party’s representative intends to actively participate in a hearing.           
   
           
(b)  “Hearing” means “adjudicative proceeding” as defined by RSA 541-A:1, I, namely, “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”

            (c )  “Motion” means a request to the presiding officer for an order or ruling directing some act to be done in favor of the party making the motion, including a statement of justification or reasons for the request.

            (d)  “Natural person” means a human being.

            (e)  “Party” means “party” as defined by RSA 541-A:1, XII, namely, “each person or board named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.” 

            (f)  “Person” means “person” as defined by RSA 541-A:1, XIII, namely, “any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than a board.”

            (g)  “Presiding officer” means presiding officer as defined in RSA 541-A:1, XIV.

            (h)  “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.

PART Home 203 PRESIDING OFFICER; WITHDRAWAL AND WAIVER OF RULES

             Home 203.01 Presiding Officer; Appointment; Authority

           (a)  All hearings shall be conducted for the board by a natural person appointed or authorized to serve as a presiding officer.

           (b)  A presiding officer shall as necessary: 

                  (1)  Regulate and control the course of a hearing;

                  (2)  Facilitate an informal resolution acceptable to all parties;

                  (3)  Administer oaths and affirmations;

                  (4) Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;

                  (5)  Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;

                  (6)  Question any witness to develop a complete record;

                  (7)  Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and

              (8) Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

Home 203.02   Withdrawal of Presiding Officer.   

            (a)  Upon his or her own initiative or upon the motion of any party, a presiding officer or board official shall, for good cause, withdraw from any hearing.

            (b)  Good cause shall exist if a presiding officer or board official:   

(1)        Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship;

                    (2)        Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case;

                    (3)        Personally believes that he or she cannot fairly judge the facts of a case.

            (c)        Mere knowledge of the issues, the parties or any witness shall not constitute good cause for withdrawal.

           Home 203.03 Waiver or Suspension of Rules by Presiding Officer.  The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues pending before the board than would adherence to a particular rule or procedure.

PART Home 204 FILING, FORMAT AND DELIVERY OF DOCUMENTS

          Home 204.01  Date of Issuance or Filing. All documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the board on the actual date of receipt by the board, as evidenced by a date stamp placed on the document by the board in the normal course of business.

  Home 204.02  Format of Documents

            (a)  All correspondence, pleadings, motions or other documents filed under these rules shall:

                        (1)  Include the title and docket number of the proceeding, if known;

                        (2)  Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

                        (3)  Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and            

                       
(4)  Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding in compliance with Home 204.03.

            (b)  A party or representative's signature on a document filed with the board shall constitute certification that:

                        (1)  The signer has read the document;

                        (2)  The signer is authorized to file it;                    

     (3)  To the best of the signer’s knowledge, information and belief there are good and sufficient grounds to support it; and

                        (4)    The document has not been filed for purposes of delay.

Home 204.03  Delivery  of Documents 

            (a)  Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed by these rules shall be delivered by that party to all other parties to the proceeding.

            (b)  All notices, orders, decisions or other documents issued by the presiding officer or board shall be delivered to all parties to the proceeding.

            (c)  Delivery  of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the board by the party or if represented to the party’s representative.

            (d) When a party appears by a representative, delivery of a document to the party's representative at the address stated on the appearance filed by the representative shall constitute delivery to the party.

PART Home 205 TIME PERIODS

Home 205.01 Computation of Time 

            (a)  Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

            (b)  Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

            (c)  If the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday. 

PART Home 206 MOTIONS AND PLEADINGS

Home 206.01  Motions; Objections.       

           (a)  Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion.

           (b)  Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing.  If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall order the moving party to submit the motion in writing, with supporting information within 5 days of the order. Objections to such motions shall be filed within 5 days of the filing of the motion.

           (c)  Objections to written motions shall be filed within 30 days of the date of the motion;

           (d)  Failure by an opposing party to object to a motion shall not in and of itself constitute grounds for granting the motion.

           (e)  The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion 

Home 206.02 Pleadings.

(a) The only pleadings permitted shall be petitions, other than for rulemaking, and replies to petitions. Applications shall not be considered pleadings.

(b) All petitions shall contain:

(1) The name and address of the petitioner;

                    (2) The name and address of the petitioner's representative, if any; 

 (3) A concise statement of the facts that caused the petitioner to request the board to act;

 (4) The action that the petitioner wishes the board to take; and

                     (5) The identification of any statutes, rules, orders, or other authority that entitles the petitioner to request the board to act.

(c) Board replies to petitions shall contain:

                    (1) The name and address of the petitioner;

(2) The name and address of the representative of the petitioner, if any;

(3) A statement addressing each fact alleged in the petition;

(4) A statement addressing the authority identified by the petitioner;

(5) A concise response to each statement;

(6) The identification of any statutes, rules, orders, or other authority, not identified in the petition, having a bearing upon the subject matter of the petition; and

                     (7) The action the board took.

       (d) Replies shall be filed within 90 days from the date of the petition.

PART Home 207 NOTICE OF HEARING; APPEARANCES; PRE-HEARING CONFERENCES

               Home 207.01  Commencement of Hearing.  A hearing shall be commenced by an order of the board giving notice to the parties at least 30 days prior to the hearing as required by Home 207.03.

               Home 207.02 Docket Numbers.  A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the board.

Home 207.03 Notice of Hearing. 

            (a) A notice of a hearing issued by the board at least 30 days prior to the hearing  shall contain the information required by RSA 541-A:31, III, namely:

              (1)  A statement of the time, place and nature of any hearing;

               (2)  A statement of the legal authority under which a hearing is to be held;

              (3)  A reference to the particular statutes and rules involved including this chapter;                   

              (4)  A short and plain statement of the issues presented;

              (5)    A statement that each party has the right to have an attorney represent them at their own expense; and

              (6)    A statement that each party has the right to have the board provide a licensed court reporter at the party’s expense and that any such request shall be submitted in writing at least 10 days prior to the hearing.  

            Home 207.04 Appearances and Representation 

           (a)  A party or the party’s representative shall file an appearance that includes the following information:

(1)  A brief identification of the matter;

(2)  A statement as to whether or not the representative is an attorney; and

                  (3)  The party or representative's daytime address and telephone number.

            Home 207.05 Prehearing Conference.  Any party may request, or the presiding officer shall schedule on his or her own initiative, a pre-hearing conference in accordance with RSA 541-A:31,V to consider:

      (a)  Offers of settlement;

      (b)  Simplification of the issues;

      (c)  Stipulations or admissions as to issues of fact or proof by consent of the parties;

      (d)  Limitations on the number of witnesses; 

      (e)  Changes to standard procedures desired during the hearing by consent of the parties;

      (f)  Consolidation of examination of witnesses; and

      (g)  Any other matters which aid in the disposition of the proceeding.

PART Home 208 ROLES OF BOARD STAFF AND COMPLAINANTS

           Home 208.01 Role of Board Staff in Enforcement or Disciplinary Hearings.  Unless called as witnesses, board staff as defined in Home 102.01 shall have no role in any enforcement or disciplinary hearing.     

          Home 208.02 Role of Complainants in Enforcement or Disciplinary Hearings.  Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the board about the conduct of a person who becomes a party shall have no role in any enforcement or disciplinary hearing.

PART Home 209 INTERVENTION 

Home 209.01  Intervention.

            (a)  A non-party may intervene in a matter pending before the board  under the provisions of RSA 541-A:32, by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the non-party qualifies as an intervenor under any provision of law.

            (b)  If the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, the presiding officer shall grant the motion for intervention.   

            (c)  Participation by intervenors shall be limited to that which is necessary to protect the interest identified in the petition for intervention.

   (d) Petitions for intervention shall be filed any time after commencement of a proceeding, and state:

(1) The petitioner's interest in the subject matter of the hearing;

(2) Whether the petitioner appears in support of the complainant, or the respondent, as well as for his or her own interest;

(3) Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

(4) Any other reasons why the petitioner should be permitted to intervene. 

             (e) A person filing a complaint that becomes the subject of a disciplinary hearing shall be served with the hearing notice and notified of the right to intervene in the proceeding.

              (f) Once granted leave to intervene, an intervenor shall take the proceeding as he or she finds it and no portion of the proceeding shall be repeated because of the fact of intervention.

PART Home 210 POSTPONEMENT REQUESTS AND FAILURE TO ATTEND HEARING

Home 210.01  Postponements.

              (a)  Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time.

              (b)  If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated.  Good cause shall include the unavailability of parties, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

               (c)  If the later date, time and place are known at the time of the hearing that is being postponed, the date, time and place shall be stated on the record.  If the later date, time and place are not known at the time of the hearing that is being postponed, the presiding officer shall issue a written scheduling order stating the date, time and place of the postponed hearing as soon as practicable.

Home 210.02  Failure to Attend Hearing .

             (a)  If any party to whom notice has been given in accordance with Home 207.03 fails to attend a hearing, the presiding officer shall declare that party to be in default unless failure to attend is justified by a showing of good cause.

   (b)  Good cause shall include accident, illness or other circumstances beyond the control of the licensee.  

 
(c)   In the absence of good cause for failure to attend the hearing, the presiding officer shall: 

                  (1)    Dismiss the case, if the party with the burden of proof fails to appear;  

                  (2)    Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case; or 

                  (3)    Grant a postponement of the hearing under the provisions of Home 210.01. 

PART Home 211 REQUESTS FOR INFORMATION OR DOCUMENTS 

Home 211.01 Voluntary Production of Information.               

            (a) Each party shall attempt in good faith to completely and timely respond to requests for the voluntary production of information or documents relevant to the hearing. 

            (b) When a dispute between parties arises concerning a request for the voluntary production of information or documents, any party may file a motion to compel the production of the requested information under Home 211.02. 

Home 211.02 Motions to Compel Production of Information     

            (a) Any party may make a motion requesting that the presiding officer order the parties to comply with information requests.  The motion shall be filed at least 15 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing.    

   (b)  The moving party’s motion shall: 

                        (1)  Set forth in detail those factors which it believes justify its request for information; and 

                        (2)  List with specificity the information it is seeking to discover.           

            (c)  When a party has demonstrated that such requests for information are necessary for a full and fair presentation of the evidence at the hearing, the presiding officer shall grant the motion. 

           Home 211.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits  At least 5 days before the hearing the parties shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit. 

PART Home 212 RECORD, PROOF, EVIDENCE AND DECISIONS 

Home 212.01 Record of the Hearing.   

           (a)       The board shall record the hearing by tape recording or other method that will provide a verbatim record except for a proceeding on emergency action shall be governed by RSA 541-A:30, III. 

            (b)      If any person requests a transcript of the taped record, the board shall  cause a transcript to be prepared and, upon receipt of payment for the cost of the transcription, shall provide copies of the transcript to the requesting party. 

            (c)      At the request of a party to any proceeding involving disciplinary action, the record of the proceeding shall be made by a licensed court reporter provided by the board at the requesting party’s expense.  A request for a licensed court reporter shall be filed at least 10 days prior to the hearing. 

             Home 212.02 Standard and Burden of Proof  The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.     

            Home 212.03  Testimony; Order of Proceeding 

              (a)  Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding.  If the person is representing another person, the person being represented shall also be identified. 

              (b)  Testimony shall be offered in the following order: 

                    (1)  The party or parties bearing the burden of proof and such witnesses as the party may call; 

                    (2)  The party or parties opposing the party who bears the overall burden of proof and such witnesses as the party may call. 

Home 212.04 Evidence 

              (a)  Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

              (b)  All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged. 

              (c)  All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered. 

              (d)  Transcripts of testimony and documents or other materials, admitted into evidence shall be public records unless the presiding officer determines that all or part of a transcript or document is exempt from disclosure under RSA 91-A:5 or applicable case law.  

Home 212.05 Proposed Findings of Fact and Conclusions of Law   

            (a)  Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing. 

            (b)  Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the issues presented at the hearing, the presiding officer shall specify a date after the hearing for the submission of proposed findings of fact and conclusions of law. 

            (c)  In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposals. 

Home 212.06  Closing the Record 

            (a)  After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by (b) below and Home 212.08. 

            (b)  Before the conclusion of the hearing, a party may request that the record be left open to allow the filing of specified evidence not available at the hearing.  If the other parties to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence and for cross examination on such evidence.     

            Home 212.07 Reopening the Record. At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided. 

Home 212.08 Decisions 

            (a)  A board member shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter’s disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony. 

            (b)  If a presiding officer has been delegated the authority to conduct a hearing in the absence of a majority of the officials of the board who are to render a final decision, the presiding officer shall submit to the board a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.                       

            (c)  If a proposal for decision in a matter not personally heard by the board is adverse to a party to the proceeding other than the board itself, the board shall serve a copy of the proposal for decision on each party to the proceeding and provide an opportunity to file exceptions and present briefs and oral arguments to the board.  

            (d)  A proposal for decision shall become a final decision upon its approval by the board.                        

            (e)  The board shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40. 

PART Home 213 MOTION FOR REHEARING

            Home 213.01 Purpose  The rules in this part are intended to supplement any statutory provisions, including RSA 541, that require or allow a person to request a rehearing of a decision of the board prior to appealing the decision.   

            Home 213.02 Applicability.  The rules in this part shall apply whenever any person has a right under applicable law to request a rehearing of a decision prior to filing an appeal of the decision with the court having appellate jurisdiction. 

            Home 213.03 Filing and Content of Motion 

             (a)  The motion for rehearing shall be filed within 30 days of the date of the board decision or order. 

   (b)  A motion for rehearing shall:           

                (1)  Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered;   

                (2)  Describe how each error causes the board's decision to be unlawful, unjust or unreasonable, or illegal in respect to jurisdiction, authority or observance of the law, an abuse of discretion, arbitrary, or capricious.           

                (3)  State concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and 

                (4)  Include any argument or memorandum of law the moving party wishes to file. 

            Home 213.04 Standard for Granting Motion for Rehearing. A motion for rehearing in a case subject to appeal under RSA 541 shall be granted if it demonstrates that the board's decision is unlawful, unjust or unreasonable.             

             Home 213.05 Decision on Motion for Rehearing.  The board shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing.

 

PART Home 214 RULEMAKING PUBLIC COMMENT HEARINGS 

              Home 214.01 Purpose. The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by the board relative to rulemaking. 

              Home 214.02 Scope. 

             (a) These rules shall apply to all hearings required by state law to be conducted by the board at which public comment shall be solicited, except that they shall not apply to adjudicative hearings. 

            (b) If any requirement set by these rules conflicts with an applicable statute such other authority shall control. 

    Home 214.03 Notice. 

             (a) A public comment hearing concerning rulemaking shall be commenced by placing notice of the hearing in the "Rulemaking Register" so that it shall appear at least 20 days prior to the hearing date.   

   (b) Notice for rulemaking public comment hearings shall comply with RSA 541-A:6, I.

   (c) Nothing in these rules shall prohibit the board from giving greater notice than the minimums set out in this part. 

Home 214.04 Media Access. 

   (a) Public comment hearings shall be open to the print and electronic media. 

(b) The moderator shall place limits on the activities of the media to avoid disruption in the following ways:

(1) Limiting the placement of television cameras to certain locations in the hearing room; and 

(2) Prohibiting interviews from being conducted within the hearing room during the hearing. 

Home 214.05 Moderator  

   (a) The hearing shall be presided over by a moderator who shall be the board chairperson or a designee.  

(b) The moderator shall: 

(1) Call the hearing to order; 

(2) Cause a recording of the hearing to be made; 

(3) Place limits on the media to avoid disruption as set out in Home 214.04(b); 

(4) Recognize those who wish to be heard and establish the order thereof; 

(5) Limit the time for each speaker, as set out in Home 214.06(b); 

(6) Remove or have removed any person who disrupts the hearing; 

(7) Adjourn the hearing; and 

(8) Provide opportunity for the submission of written comments. 

Home 214.06 Public Participation. 

           (a) Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name and address on a speakers' list before the last speaker on the list has finished speaking. All whose names appear on the speakers' list, as provided, shall be afforded reasonable time to speak at the hearing. Reasonable time shall be determined considering the number of people who wish to be heard, the time and the availability of the facility. 

(b) The board, through the moderator, shall: 

(1) Refuse to recognize a person who refuses to give his or her full name and address;                                                                                             

(2) When a group or organization wishes to comment, limit the group to no more than 3 spokespersons, provided that the members who are present   shall be allowed to enter their names and addresses into the record as supporting the position by the group or organization; 

(3) Revoke recognition of a speaker who speaks or acts in an abusive or disruptive manner; or

(4) Revoke recognition of a speaker who refuses to keep his or her comments relevant to the issue or issues which are the subject of the hearing. 

(c) Written comments may be submitted any time from the time notice has been published until the record has been closed by the moderator, which shall not be less than 7 calendar days after the hearing.

(d) In the event that the number of speakers who wish to give oral testimony relevant to the issue or issues involved exceed that number which can be heard within a reasonable period of time subject to facility availability and length of the hearing, the hearing shall be reconvened pursuant to RSA 541-A:11, III  to afford such persons the opportunity to be heard. Speakers may elect to submit written testimony in lieu of additional oral hearing.

PART Home 215 PETITION FOR RULEMAKING  

   
Home 215.01 Petition for Rulemaking. 

         
(a) Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a written petition that contains:
 

(1)  The text of the proposed rule or a statement of the particular results intended by the petitioner to flow from the

 implementation of the proposed rule;

 

                        (2) An identification of the particular rule sought to be amended or repealed; 

     (3) Any data or argument the petitioner believes would be useful to the board in deciding whether to commence a rulemaking proceeding; and  

     (4) Name, address, signature of petitioner and date signed.    

Home 215.02 Disposition of Petition.  

         (a) The board shall consider all petitions for rulemaking and proceed pursuant to RSA 541-A:4. The board shall request additional data or argument from the petitioner or other interested persons to clarify the merits of the petition. 

          (b)  The board shall grant the petition if the petition is consistent with statute and case law and will assist the board with the regulation of the profession. 

PART Home 216 DECLARATORY RULINGS 

Home 216.01 Petitions. 

      (a) Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 5 copies of a petition pursuant to Home 206.02 (b).

      (b) A petition for declaratory ruling shall set forth the following information:

(1) The exact ruling being requested; and 

(2) The statutory and factual basis for ruling, including any supporting affidavits or memoranda of a law. 

Home 216.02 Action on Petitions  

(a) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as the board shall direct after reviewing the petition and any replies received. 

   (b) Upon review and consideration, the board shall within 90 days rule on the petition pursuant to Home 206.02 (d).

PART Home 217 EXPLANATION AFTER ADOPTION

            Home 217.01 Explanation after Adoption.

(a)  Any person may request an explanation regarding adoption of the rules pursuant to RSA 541-A:11,VII by submitting a request to the board.

(b)  The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after consideration.

CHAPTER Home 300 LICENSURE REQUIREMENTS   Back To Top

PART Home 301 APPLICATION REQUIREMENTS 

            Home 301.01 Application Process.  

            (a)        Persons wishing to become licensed as a home inspector in New Hampshire shall submit an application form provided by the board which contains the information specified in Home 301.02, 301.03 and the application fee specified in Home 301.04.           

            (b)        An application, which is not signed by the applicant, and/or is not accompanied by cash, a valid check or a valid credit card number for the application fee, shall not be accepted for processing and shall be returned to the applicant.

            (c)        If the application is denied, the applicant shall be provided an opportunity to request a hearing for reconsideration pursuant to Home 206 on the deficiency issues identified by the board. Any such request shall be made in writing and received by the board within 30 days of the receipt of the notification of denial.

   (d)        Applications about which there has been no communication from the applicant to the board for one year shall be destroyed.       

            Home 301.02  Application for Licensure   

 (a)        Each applicant for licensure shall provide, or cause to be provided, the following on a form supplied by the board:

                        (1)     The applicant’s name, including any names previously used; 

                        (2)      The applicant’s residence and business addresses and telephone numbers; 

                        (3)      The applicant’s date of birth and place of birth; 

                         (4)      The applicant’s dates of employment, titles of positions, and present address of employer; 

                         (5)      Character of employment including types of work performed and degree of responsibility; 

                         (6)      Highest grade attended including name of institution, years attended, graduation date;

                        (7)      A listing of every state in which the applicant holds or has ever held registration/certification/licensureas a home inspector with corresponding number and date of initial registration/certification/licensure;

                        (8)        Whether the applicant has ever been denied registration/ certification/licensure as a home inspector or disciplined by this board or another home inspector licensing board in any other state and if so, an explanation of the circumstances;

                        (9)        Whether the registration/certification/licensure as a home inspector was issued by examination;

                        (10)      Whether the applicant has ever been convicted of any felony, any misdemeanor, or a violation and if so, the name of the court, the details of the offense and the date of conviction and the sentence imposed;

     (11) The applicant’s social security number required pursuant to RSA 161-B:11, VI-a:                                                                                

     (12)     The application fee as specified in Home 301.04.

Home 301.03 Additional Requirements. Applicants for licensure shall provide the following:

    (a)     Criminal record information, pursuant to RSA 310-A:190, I (e); and        

(b)      Proof of liability insurance coverage consisting of at least the followin
 
          (1)  The name and address of the insurance company;
 
          (2)  The name and address of the certificate holder;
 
          (3)  Category of coverage and minimum amounts of coverage; and 

                        (4)  Cancellation policy of the insurance policy;  

    (c)      Evidence of successful completion of the National Home Inspectors licensing examination; and

    (d)   Evidence of successful completion of 80 hours of board approved education pursuant to RSA 310-A:190, I (a).

Home. 301.04 Application/Licensure Fees.  

            (a)     The application for licensure shall be $200.00.

             (b)     The wall display certificate fee for licensees shall be $50.00.

            (c)        The biennial renewal fee shall be $200.00.

            (d)     If the renewal is not received by the date of expiration, there shall be a late fee of 20 percent per month.

  (e)     The reinstatement fee after 12 months shall be the renewal fee plus 20 percent per month late fee totaling $680.00.       

             (f)      The fee for verification of licensure shall be $30.00.

             (g)     The fee for replacement of a lost or mutilated certificate of licensure shall be $50.00.     

             (h)     Course providers shall pay an evaluation fee of $30.00 each time a course is submitted to the board to be evaluated for pre-licensing education credit. 

             Home 301.05 Fees.  All fees shall be paid in the form of cash, money order, bank draft, check or credit card number payable to “Treasurer, State of New Hampshire” and are non-refundable.  

PART Home 302  QUALIFICATION OF APPLICANTS 

            Home 302.01  Candidate Requirements.

           (a)    Candidates for licensure shall meet the requirements established by RSA 310-A:190, before a license shall be granted. The board shall require documentation of the applicant’s education and work experience to help determine competency if the application is unclear, contradictory or incomplete.

 (b)     The candidate shall have committed no misconduct as set forth in RSA 310-A:196. The board shall consider all available evidence for all candidates for licensure, prior to granting a license.

           (c)     Qualifications shall be as follows:

(1) Candidates shall successfully complete 80 hours of board approved pre-licensing education 
consisting of the following core areas: 
       a. Heating systems;
       b. Cooling systems;
       c. Plumbing systems
       d. Electrical systems;
       e. Structural components;
       f.  Foundations;
       g. Roof coverings;
       h. Exterior and interior components; and
       i.  Site aspects as they affect the building.

(2)  Candidates shall be at least 18 years of age;  

(3)  Candidates shall possess a high school education or the equivalent; 

                        (4)  Candidates shall be of good moral and professional character, as evidenced by: 

                                a.  The answers to questions Home 301.02 (a) (8) and (10) on the application form; 

                                b.  Verification information as described in Home 301.02 (9) and 304.01; and 

                                c.  Criminal record report as described in Home 301.03 (a). 

             (d)    Standards of practice pursuant to RSA 310-A:184 and 310-A:185 shall be in accordance with the rules of ethical and professional conduct set forth in Home 600 and RSA 310-A:185.

          
(e)   The board shall issue licenses to applicants who actively practiced home inspection as a means of his or her livelihood for a one-year period preceding July 1, 2008 provided the board determines that the person meets the qualification for applicants for licensure or the equivalent under RSA 310-A:190 (b), (c) and (d) and who provide evidence satisfactory to the board of knowledge and experience equivalent to such requirements and fulfills all other license application requirements.

          Home 302.02 Denial of Application. An application shall be denied if, after notice and an opportunity for hearing, there is a finding that:

            (a) The applicant, or someone acting on the applicant's behalf, has submitted false information to the board in connection with the application;

            (b) There is evidence of past disciplinary action taken by another licensing body or a professional society or association, which indicates the applicant cannot be relied upon to practice competently, and honestly, or adhere to the standards of conduct required by Home 500 and RSA 310-A:185;

            (c) There is evidence of conviction of a felony or misdemeanor in the criminal record report required by Home 301.03 (a) which indicates the applicant cannot be relied upon to practice competently, and honestly, or adhere to the ethical standards required by Home 500;

            (d) There is evidence of behavior that would violate the ethical and professional standards of Home 500, Home 600 and RSA 310-A:185, which indicates the applicant cannot be relied upon to practice competently, and honestly, or adhere to the ethical and professional standards required by Home 501.03, Home 600 and RSA 310-A:185;

            (e) The applicant failed to meet the educational and experience requirements of Home 302 and RSA 310-A:190;

            (f)  The applicant failed to submit the documentation required per Home 301.03 and RSA 310-A:191;

            (g)  The applicant failed to submit the fee required per Home 301.04; or

            (h) The applicant failed to successfully pass the examinations required per Home 303.01.

          Home 302.03 Approval of Pre-Licensing Courses.

 

           (a)  Applicants for approval of pre-licensing courses shall submit the following:

 

         (1) A course outline describing content and course hours to be taught, at least 3 months prior to the implementation of the course on subject areas approved by the board, including:

a.  New Hampshire RSA 310-A;

b.  New Hampshire Administrative Rules Home 100-500;

c.  Heating systems;    

d.  Cooling systems; 

e. Plumbing systems;

f. Electrical systems;    

g. Structural components;

h.  Foundations;      

i.  Roof coverings;   

j.  Exterior and interior components;

k. Standards of practice; and

l.  Site aspects as they affect the building.

          (b)  Applicants for approval of a home inspection pre-licensing course shall submit documentation to the Board substantiating the following:

                    (1)  How the program curriculum reflects current practice standards;

 

                    (2)  The organization of the curriculum including:

 

                      a.  The content of each of the courses; o:p>   

 

                      b.  The goals and objectives of each of the courses;

                    
c.  The total number of hours of classroom instruction;

 

                     d.  Credentials of the instructor(s);

 

                     e.  Expected student outcomes;

 

                     f.  Curricular organization;

 

                     g.  Course and unit objectives; and

 

                     h.  The processes used to evaluate the progress of the students.

 

          (c)  Written permission for the board to visit the program site for the purpose of assessing the program's compliance with the requirements for board approval;

 

          (d)  If necessary to make effective the permission described in Home 302.03 (c), written permission shall be required from the program's sponsoring institution for the board to visit the program site for the purpose of assessing the program's compliance with the requirements for board approval; and

 
           (e)   The fee required pursuant to Home 301.04 (g).

 PART Home 303 EXAMINATIONS

          Home 303.01  Examinations   

          (a)        Candidates for licensure shall have successfully passed the National Home Inspectors examination created and graded by the Examination Board of Professional Home Inspectors.

          (b)        The examination shall be administered on a computer at National Home Inspector Examination test centers on dates set by the Examination Board of Professional Home Inspectors.

 PART Home 304 RECIPROCITY

          Home 304.01 Reciprocity.  Candidates for licensure who are licensed/registered in another state, provided that the other state grants reciprocity to residents of this state and whose licensure/ registration requirements are substantially equivalent to or higher than those of this state, shall apply to the board for licensure on a form provided by the board as specified in Home 301.02 and pay the fee per Home 301.04 (a) or (b). The verification of licensure or examination shall be obtained by the candidate for licensure and submitted to the board directly from the verifying state for approval.

PART Home 305  CREDENTIALS

          Home 305.01  License.  An applicant for licensure as a home inspector, who has satisfactorily met all the requirements of RSA 310-A and who has paid all of the fees, shall be issued a license by the board.  The licensee shall be issued a license authorizing the practice of home inspection that shall show the full name of the licensee, shall have a serial number, and shall be signed by members of the board.

          Home 305.02  Pocket Cards.  Biennially, the board shall issue a licensure card, numbered to correspond with the home inspector’s assigned number to each licensed home inspector upon renewal of the license.  The card shall certify that the home inspector holds a license in good standing and is authorized to practice as a home inspector to the date of expiration as shown on the card.

          Home 305.03  Licensed Home Inspector Seal/Stamp/License Number.

          (a)  Upon issuance by the Board of a license to an applicant as a licensed home inspector, require the licensee shall acquire an impression type seal or rubber stamp of the design approved by these rules and submit the seal to the board for approval. This seal shall bear the licensee's name and number as shown on the license.                   

          (b)     The seal shall consist of 2 concentric circles with the outer circle having a diameter of 1- 9/16 inches and the inner circle diameter of 15/16 inches.  In the space between the circles, the top shall be the words "Licensed Home Inspector" and at the bottom "State of New Hampshire." In the space inside the inner circle shall be the full name of the licensee over an image of a house and the license number written horizontally.

          (c)  The stamping or sealing of any documents by the licensee with the licensee's seal after the license has expired, has been suspended, revoked or surrendered voluntarily shall be a violation of these rules. The stamping or sealing of any documents by the licensee not prepared by the licensee personally or under the licensee’s direct supervision shall be a violation of these rules.

CHAPTER Home 400 CONTINUED STATUS    Back To Top

PART Home 401 RENEWAL OF LICENSE

            Home  401.01  Expirations and Renewals. Pursuant to RSA 310-A:192, licenses shall be
renewed by written application prior to the expiration date and by payment of the prescribed
renewal fee.  The board shall notify each home inspector one month prior to expiration of their
license. If properly renewed, a license shall remain in effect continuously from the date of issuance,
unless suspended or revoked by the board.

            Home 401.02  Renewal of License.

          (a)      Any licensee wishing to renew a license shall submit:

                     1.  The renewal application supplied by the board;

                     2.  The fee specified in Home 301.04. 

                      3.If the renewal is not received by the date of expiration, a late fee of 20 percent per
month for a period of twelve months;

                       4.  Proof of completion of the continuing education requirements of Home 403;             

                      
5.  A copy of the licensee’s military orders calling them to active duty pursuant to Home 401.02 (b).  

             (b)     Upon request of the licensee who is a member of the armed forces or the reserves or the national guard of the United States that is called to active duty, the board shall place the license in inactive status. The license may be reactivated within one year of the licensee’s release from active status by payment of the renewal fee unless still within the renewal period; and 

          Home 401.03  Renewal Application. The applicant shall supply the following information
on the application form for license renewal:

          (a)        The applicant’s full name;

          (b)        The applicant’s business address and telephone number;

          (c)        The applicant’s home address and telephone number;

          (d)        Documentation that the applicant has complied with the continuing education requirements of Home 403;

         (e)        A statement indicating any disciplinary action brought against the applicant;

          (f)       A statement indicating whether the applicant has ever been convicted of any felony or any misdemeanor, and if so, the name of the court, the details of the offense and the date of conviction and the sentence imposed;

          (g)         A statement indicating that to his or her knowledge the applicant has adhered to the ethical and professional standards of RSA 310-A:185 and Home 600;

         (h)        Acknowledgment that the provision of materially false information in the application known by the applicant to be untrue is a basis for denial; 

         (i)           Acknowledgement that, if the applicant provided false information that is discovered after the license is renewed, it is a basis for disciplinary action by the board; 

         (j)          Proof of liability insurance coverage consisting of at least the following:
 
          (1)  The name and address of the insurance company;
 
          (2)  The name and address of the certificate holder;
 
          (3)  Liability insurance coverage and minimum amounts of coverage; and  

      (4)  Cancellation policy of the insurance policy;

(k)   Evidence of successful completion of 20 hours of board approved education
pursuant to RSA 310-A:190, I (a).                                                                                                      

(l)         The renewal fee as specified in Home 301.04; and

           (m)       The applicant’s signature and date.

          Home 401.04  Denial of Renewal. Renewal shall be denied if, after notice and an opportunity for hearing, the board finds:

          (a)        Noncompliance with the continuing education requirements of Home 403.01;

 

          (b)        Any unethical act for which discipline shall be imposed under RSA 310-A:185;

          (c)        Reasons for which an initial application could be denied; 

          (d)        Failure to furnish complete or accurate information on an initial or renewal license application; or

          (e)        Failure to file a renewal application within 12 months of license expiration.

          Home  401.05 Reinstatement. A home inspector whose license to practice home inspection in this state has been allowed to lapse for a period of 12 months or more shall:

          (a)        File a reinstatement application with the board that shall include at least the following:

                      (1)        The applicant’s full name;

                      (2)        The applicant’s business address and telephone number;

                      (3)        The applicant’s home address and telephone number;

                      (4)        Documentation that the applicant has complied with the continuing education requirements of Home 403;

                      (5)        A statement indicating any disciplinary action brought against the applicant;

                     (6)        A statement indicating whether the applicant has ever been convicted of any felony, any misdemeanor, or a violation and if so, the name of the court, the details of the offense and the date of conviction and the sentence imposed;

               (7)        A statement indicating that to their knowledge the applicant has    adhered to the ethical and professional standards of RSA 310-A:185 and        Home 600;

                      (8)       A representation that the applicant acknowledges that the provision of false information in the application is a basis for disciplinary action by the board;

                     (9)       The names, complete addresses, occupation and business relationship with applicant of one reference from home inspectors as defined by RSA 310-A:183 VI;

    (10)  Proof of liability insurance coverage consisting of at least the following:
 
                 (a)           The name and address of the insurance company;
 
                 (b)           The name and address of the certificate holder;
 
                 (c)           Liability insurance coverage and minimum amounts of coverage; and 

                               (d)            Cancellation policy of the insurance policy;

                         (11)      Evidence of successful completion of the National Home Inspectors licensing examination; and

          (12)     The applicant’s signature and date.

 

(b)     Applicants shall submit the application and reinstatement fees as specified in Home 301.04. 

           Home 401.06  Denial of Reinstatement.  Reinstatement shall be denied if, after notice and an opportunity for hearing, the board finds:

          (a)        Noncompliance with the continuing education requirements of Home 403.01;

          (b)        Any unethical act for which discipline shall be imposed under RSA 310-A:185; 

          (c)        Reasons for which an initial application could be denied; or

          (d)        Failure to furnish complete or accurate information on an initial or renewal license application.

PART Home 402  DISCIPLINARY MATTERS                                                        

            Home 402.01  Initiation of Disciplinary Action.  The board shall undertake misconduct investigations, settlements of misconduct allegations, or disciplinary hearings, in response to any information which reasonably suggests that a licensee has engaged in professional misconduct.   

           Home  402.02  Disciplinary Sanctions.

          (a)  Other than immediate license suspensions authorized by RSA 541-A:30, III the board shall impose disciplinary sanctions only:

                      (1)        After prior notice and an opportunity to be heard; or

                      (2)        Pursuant to a mutually agreed upon settlement or consent decree.

          (b)  When the board receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the licensing authority of another jurisdiction, where the license was not reinstated, the board shall issue an order directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire. 

          (c)  In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction the licensee shall be subject to any disciplinary sanction authorized by RSA 310-A:196,V after considering the presence of aggravating or mitigating circumstances.

         (d) After a finding that misconduct has occurred, the board shall impose one or more of the disciplinary sanctions authorized by RSA 310-A:196, V after considering the presence of aggravating or mitigating circumstances. 

        (e)  The following shall be considered aggravating circumstances:                                                                                                                   

                      (1)        The seriousness of the offense 

                      (2)        Prior disciplinary record;

                      (3)        Lack of willingness to cooperate with the board; and

                      (4)        Potential harm to public health and safety.         

          (f)  The following shall be considered mitigating circumstances:

                      (1)   Absence of a prior disciplinary record;

   (2)   Willingness to cooperate with the board;

   (3)   Acknowledgment of his or her wrongdoing; and 

                      (4)   The purpose of the rule or statute violated.

          (g)  No hearing date established in a proceeding conducted under Home 402.02 shall be postponed at the request of the licensee unless the licensee also agrees to continue the suspension period, if any, pending issuance of the board’s final decision.

          (h)  Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the licensee is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law. 

          Home 402.03  Administrative Fines

          (a)  Adjudicative procedures seeking the assessment of an administrative fine shall be commenced against any person subject to such fines under any provision of RSA 310-A when the board possesses evidence indicating that a violation has occurred.

          (b)  When persons subject to the board’s disciplinary authority are directed to pay fines pursuant to Home 402.02, such fines shall be assessed in accordance with the factors stated in Home 402.02 (e) and the following additional considerations:                                                                                                                   

                      (1)        The cost of any investigation or hearing conducted by the board; and

                      (2)        The licensee’s ability to pay a fine assessed by the board.

          (c)  Administrative fines shall not exceed the following amounts: 

                      (1)        When no violation of the same type has occurred during a period of
                    licensure within the 5 years preceding the board’s notice to the respondent,
                    the fine assessed shall not exceed $200.00 per day or $1,000.00 per offense,
                    whichever is greater;

                      (2)        When a single disciplinary infraction of the same type has occurred
                    during a period of  licensure within the 5 years preceding the board’s notice
                    to the respondent, the fine assessed shall not exceed  $200.00 per day or
                    $1,500.00 per offense whichever is greater;                                                                                                

                      (3)        When more than one disciplinary infraction of the same type has occurred
                    during a period of licensure within the 5 years preceding the board’s notice to the
                    respondent, the fine assessed shall not exceed $200.00 per day or $2,000.00 per
                    offense whichever is greater; and

                      (4)        In the case of continuing violations, a separate fine shall be assessed
                    for each day the violation continues.

                      (5)        A single course of continuing conduct shall be treated as a single
                    violation for purposes of Home 402.03 (c), (1), (2) and (3).

           Home  402.04  Procedures for Assessing and Collecting Fines.

          (a)  Payment of a fine shall be included among the options available for settling disciplinary allegations, and shall be included among the types of disciplinary sanctions imposed after notice and hearing.

          (b)  In cases where the board initially intends to limit disciplinary sanctions to an administrative fine, the board shall issue a “notice of apparent liability” describing the alleged offense, stating the amount of the assessed fine, and notifying the alleged offender that he or she shall pay or compromise the fine by a certain date or request that an administrative hearing be held. If a hearing is requested, the notice of apparent liability shall be withdrawn and a notice of hearing shall be issued. In such hearings, the board’s disciplinary options shall not be limited to the assessment of an administrative fine.

          (c)  Nonpayment of a fine by a licensee or respondent in contravention of an order, agreement or promise to pay, shall be a separate ground for discipline by the board and a basis for denying a subsequent license and renewal application and a basis for judicial action seeking to collect the fine.

PART Home 403 CONTINUING EDUCATION      

            Home 403.01      Renewal Requirements

           (a)      Continuing education hours shall be earned pursuant to RSA 310-A:192.

           (b)      A renewal application shall not be accepted for filing unless the licensee indicates on the renewal application, and under penalty of unsworn falsification, that he or she has completed the minimum required hours of approved continuing education hours required pursuant to RSA 310-A:192.

          (c)     Each licensee shall obtain at least 20 continuing education hours of approved continuing education courses during the biennial renewal period as a condition of license renewal.

            Home  403.02   Continuing Education Hour Requirements. Continuing education hours shall meet the following criteria:

           (a)        Continuing education activities shall be relevant to the practice of home inspection or no credit shall be awarded. Such continuing education activities may include technical, ethical, or managerial content;

(b)        One hour shall be on building regulations including any recent revisions to building regulations;

(c)        The content of each presentation shall be well organized and presented in a sequential manner; and

(d)        There shall be a provision for individual participant course/program registration including information required for record keeping and reporting.

            Home 403.03      Continuing Education Hour Credits   Continuing education hours shall be credited as follows:

(a)        A maximum of 6 continuing education hours shall apply to activity on a state or national board of licensure;

(b)        Courses/programs awarded one college semester hour of credit shall equal 45 continuing education hours based on course credit established by the college or university;

(c)        Courses/programs awarded one college quarter hour shall equal 30 continuing education hours;

(d)        Courses/programs awarded one continuing education unit shall equal 10 continuing education hours;

(e)        Credit shall be awarded for one hour of continuing education in course work, seminars, or professional technical presentations made at meetings, conventions, or conferences for each hour of attendance. Attendance at qualifying programs presented at professional and/or technical society meetings shall earn continuing education hour units for the actual time of each program.

(f)         Teaching or instructing qualifying courses or seminars or making presentations at technical meetings shall earn continuing education hours credit at twice that of participants. Teaching credit shall be valid for teaching a course or seminar for the first time only. Teaching credit shall not apply to full-time faculty;

 (g)        Active participation in professional or technical societies shall equal 2 continuing education hours and shall require that a registrant serve as an officer and/or actively participate in a committee of the organization. Continuing education hour credits shall not be earned until each year service is completed and shall be limited to 2 continuing education hours per organization per year; and

         (h)        Continuing education credits shall not be recognized for any repeat program attended or completed.

Home  403.04     Record Keeping.      

(a)        The responsibility of maintaining records to be used to support credits claimed shall be the responsibility of the licensee.

           (b)        Records shall contain at least the following documentation: 

(1)        A log showing the type of activity claimed, sponsoring organization, location, instructor’s or speaker’s name, and continuing education hours credits earned; and

                      (2)        Attendance verification records in the form of completion   
                       certificates or other documents supporting evidence of attendance such as:       

                                                (a)        Signed attendance receipts;

                                                (b)        Paid receipts; or

                                                (c)        A copy of a listing of attendees signed by a person  
                                                  sponsoring the course or program or the course/program provider.

            (c)        The licensee shall retain attendance verification records for a period of at least 4 years. Such documentation shall be made available to the board for random audit and verification purposes. Documentation shall support continuing education hours claimed. Failure to provide documentation for audit verification shall result in disciplinary action.

(d)        Not less than 5% of the licensees shall be randomly selected each year by the board for compliance with Home. 403.01.

Home  403.05  Exemptions  

(a)  A licensee shall be exempt from the continuing education requirements for any of the following reasons:

(1)      A licensee serving on temporary active duty in the armed forces of the United States for a period of time exceeding 120 consecutive days in a year shall be exempt from obtaining the continuing education hours required during that year.

  (2)     Licensees experiencing disability, illness, or other extenuating circumstances which would prevent the licensee from completing the required continuing education hours shall apply in writing to the board for specific exemption.

           (b)  Relevant supporting documentation shall be furnished to the board when necessary for a fair and informed determination by the board. 

           Home  403.06     Waiver of Continuing Education Deadline.   A waiver of continuing education deadlines shall be granted provided that a petition to that effect is filed at least 30 days before the expiration of the biennial renewal period in question or that late filing is justified by a showing of good cause. Good cause shall include accident, illness or other circumstances beyond the control of the licensee. No waiver petition shall be granted which does not propose a specific timetable for completing specific courses which will meet the petitioner’s continuing education deficiency.

CHAPTER Home 500 ETHICAL STANDARDS AND PROFESSIONAL CONDUCT     Back To Top

PART Home 501 ETHICAL STANDARDS/PROFESSIONAL CONDUCT    

           Home 501.01  Purpose and Scope                     

           (a)  To establish and maintain a high standard of integrity, skills and practice in the practice of home inspection, the following rules of professional conduct are adopted in accordance with RSA 310-A.

          (b)  The rules shall be binding upon every person holding a license issued by the board.

          Home 501.02   Obligation To Obey

                      (a)  The professional standards set forth in this part shall bind all licensees, and violation of any such standard shall result in disciplinary sanctions. Conduct proscribed by these ethical standards, when performed by a candidate for licensure as a home inspector in this state, or during a prior period of licensure, shall result in denying a license application.

                      (b)  All persons licensed under RSA 310-A shall be considered to have knowledge of the existence of the code of ethics pursuant to RSA 310-A:185 and shall be deemed to be familiar with its provisions.  Such knowledge shall encompass the understanding that the practice of home inspection is a privilege, as opposed to a right, and the licensee shall be forthright and candid in the licensee's statements or written response to the board or its representatives on matters pertaining to professional conduct.

          Home 501.03   Code of Ethics. The ethical standards binding licensees shall be the code of ethics pursuant to RSA 310-A:185.

CHAPTER Home 600 STANDARDS OF PRACTICE  Back To Top

PART Home 601 PURPOSE AND SCOPE

            Home 601.01 Purpose and Scope.

            (a) The purpose of these standards of practice is to establish a minimum and uniform standard for home inspectors.  These standards of practice are intended to provide the public with objective information regarding the condition of the systems and components of the home as inspected at the time of the home inspection.           

           (b)  The rules shall be binding upon every person holding a license issued by the board.

          (c)  These standards of practice shall be applicable to buildings with 4 or fewer dwelling units, individual residential condominium units, and their attached garages or attached carports.

PART Home 602 DEFINITIONS

            Home 602.01  Definitions: As used in these rules, the following terms shall have the meanings indicated:  

(a)       “Alarm systems”  means warning devices installed or free-standing including but not limited to smoke detectors, carbon monoxide detectors, flue gas, and other spillage detectors, and security equipment.   

          (b)        “Architectural services” means  any practice involving the art and science of building design for construction of any structure or grouping 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.

(c)        “Automatic safety controls” means devices designed and installed to protect systems and components from unsafe conditions.

(d)        “Component” means a part of a system.

(e)        “Decorative” means ornamental; not required for the operation of the essential systems and components of a home.   

(f)         “Describe” means to identify (in writing) a system or component by its type or other distinguishing characteristics.

(g)        “Dismantle” means 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 home owner maintenance.

(h)        “Engineering” means the application of scientific knowledge for the design, control, or use of building structures, equipment, or apparatus building structures, equipment, or apparatus.

 (i)         “Further evaluation” means examination and analysis by a qualified professional, tradesman, or service technician beyond that provided by the home inspection.

(j)         “Home inspection” means the process by which an inspector visuallyexamines the readily accessible systems and components of a home and which describes those systems and components in accordance with these standards of practice.

(k)        “Household appliances” means kitchen, laundry, and similar appliances, whether installed or free-standing.

(l)         “Inspect” means to examine any system or component of a building in accordance with Home 600, using normal operating controls and opening readily accessible covers.

(m)       “Inspector” means a person hired to examine any system or component of a building in accordance with these standards of practice.

(n)        “Installed” means attached such that removal requires tools.

(o)        “Normal operating controls” means devices such as thermostats, switches or valves intended to be operated by the homeowner.

(p)        “Readily accessible” means available for visual inspection without requiring moving of personal property, dismantling, destructive measures, use of a ladder, or any action which will likely involve risk to persons or property.    

(q)        “Readily accessible panel” means a panel provided for homeowner inspection and maintenance that is readily accessible, within normal reach, can be removed by one person, and is not sealed in place.

(r)        “Recreational facilities” means spas, saunas, steam baths, swimming pools, exercise, entertainment, athletic, playground or other similar equipment, and associated accessories.

(s)        “Report” means communicate in writing.

(t)         “Representative number” means one component per room for multiple similar interior components such as windows and electric receptacles; one component on each side of the building for multiple similar exterior components.

(u)        “Roof drainage systems” means components used to carry water off a roof and away from a building.

(v)        “Siding” means exterior wall covering and cladding; such as: aluminum, asphalt, brick, cement/asbestos, exterior insulation finishing system, stone, stucco, veneer, vinyl, or wood.  

(w)       “Significantly deficient” means unsafe or not functioning.

(x)        “Shut down” means a state in which a system or component cannot be operated by normal operating controls.

(y)        “Solid fuel burning appliances” means a hearth and fire chamber or similar prepared place in which a fire may be built and that 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.

(z)        “Structural component” means a component that supports non-variable forces or weights, dead loads and variable forces or weights, live loads.

(aa)      “System” means a combination of interacting or interdependent components, assembled to carry out one or more functions.

(ab)      “Technically exhaustive” means an investigation that involves dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means.

(ac)      “Under floor crawl space” means the area within the confines of the foundation and between the ground and the underside of the floor.

(ad)      “Unsafe” means a condition in a readily accessible, installed system or component that is judged to be a significant risk of bodily 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.

(ae)      “Wiring methods” means identification of electrical conductors or wires by their general type, such as non-metallic sheathed cable, armored cable, or knob and tube.

PART Home 603 REPORT REQUIREMENTS

Home 603.01 Report Requirements.

(a) The home inspector shall inspect readily accessible, observable, installed systems and components.

(b) The home inspector shall report those systems and components inspected that, in the professional opinion of the inspector, are not functioning properly, significantly deficient, unsafe, or near the end of their service lives.

(c) The home inspector shall make recommendations to correct, or monitor for future correction, the deficiencies reported in Home 603.01 (b) or items needing further evaluation.

(d)  The home inspector shall report systems and components designated for inspection pursuant to the standards of practice that were present at the time of the home inspection but were not inspected and the reason or reasons they were not inspected.

           (e)  These standards of practice shall not limit inspectors from including other inspection services or systems and components in addition to those required in   Home 603.01 (a).

           (f)  The home inspector shall exclude systems and components from the inspection if requested by the client.

(g) Home inspectors shall not have to determine methods or materials necessary for corrections.

(h) Home inspectors shall not project costs of repairs.              

Home 603.02  Home Inspection Standards.   

(a)  When inspecting structural systems the home inspector shall inspect:

(1)  The structural components including the foundation, framing, floor structure, wall structure, ceiling structure and roof structure;

(2)  A representative number of structural components where deterioration is suspected or where clear indications of possible deterioration exist; and

(3)  Probing shall not be required when probing would damage any finished surface or where no deterioration is visible or presumed to exist; and           

(4) Report the methods used to inspect under-floor crawl spaces and attics.

(b)   When inspecting the structural systems the home inspector shall describe:

                    (1) The foundation;

                   (2) The floor structure;

                   (3) The wall structure;

                   (4) The ceiling structure; and

                   (5) The roof structure.  

          (c)  The home inspector shall not provide any engineering or architectural service or analysis unless qualified pursuant to RSA 310-A:201, IV.

(d)  When inspecting the exterior the home inspector shall inspect:

(1) Siding, flashing and trim;

(2) All exterior doors;

(3) Attached decks, balconies, stoops, steps, porches, and their associated railings;

(4) Eaves, soffits, and fascias where accessible from the ground level; and

(5) Entryway walkways, patios, driveways, vegetation, grading, surface drainage, and retaining walls which are likely to adversely affect the building.

(e)  When inspecting the exterior the home inspector shall describe the type of siding.

          (f)  The home inspector shall not have to inspect:

(1) Screening, shutters, awnings, and similar seasonal accessories;

(2) Fences;

(3) Geological and/or soil conditions;

(4) Recreational facilities;

(5) Outbuildings or detached structures;

(6) Seawalls, break-walls, and docks; and

(7) Erosion control and earth stabilization measures.

(g)  When inspecting roof systems the home inspector shall inspect:

(1) Roofing materials;

(2) Roof drainage systems;

(3) Flashing; and

(4) Skylights, chimney exteriors, and roof penetrations.

(h)  When inspecting the roof systems the home inspector shall describe:

(1) Roofing materials;

(2) Roof drainage systems; and

(3) Chimney exteriors.

(i)  When inspecting the roof system the home inspector shall report the methods used to inspect the roofing.

            (j) The home inspector shall not have to inspect:

(1) Antennae;

(2) Interiors of flues or chimneys on or attached to the roof; and

(3) Other installed accessories.

(k)  When inspecting the plumbing system the home inspector shall inspect:

(1) Interior water supply and distribution systems including all fixtures and faucets;

(2) Drain, waste and vent systems including all fixtures;

(3) Water heating equipment and hot water supply system;

(4) Vent systems;

(5) Fuel storage and fuel distribution systems within the structure; and

(6) Drainage sumps, sump pumps, and related piping.

(l)  When inspecting the plumbing system the home inspector shall describe:

(1) Interior water supply and distribution systems;

(2) Drain, waste and vent systems;

(3) Water heating equipment and hot water supply system; and

(4) Fuel storage and distribution systems.

         (m)  When inspecting the plumbing system the home inspector shall report the location of main water and main fuel shut-off valves.

         (n)  The home inspector shall not have to inspect:

(1) Clothes washing machine connections;

(2) Interiors of plumbing appliance flues or chimneys;

(3) Wells, well pumps, or water storage related equipment;

(4) Water conditioning systems;

(5) Solar water heating systems;

(6) Fire and lawn sprinkler systems;

(7) Private waste disposal and sewer ejector systems; and

(8) Automatic safety controls or manual stop valves.

            (o)  The home inspector shall not have to determine:

(1) Whether water supply and waste disposal systems are public or private; and

(2) Water supply quantity or quality.

(p)  When inspecting the electrical system the home inspector shall inspect:   

(1) Service drop;

(2) Service entrance conductors, cables, and raceways;

(3) Service equipment and main disconnects;

(4) Service grounding;

(5) Interior components of service panels and sub panels;

(6) Conductors;

(7) Overcurrent protection devices; and

(8) A representative number of installed lighting fixtures, switches, and   receptacles.

(q)  When inspecting the electrical system the home inspector shall describe:

(1) The amperage and voltage rating of the service;

(2) The location of main disconnects and sub panels;

(3) Wiring methods;

(4) Service grounding; and

(5) Over current protection devices.

(r)  When inspecting the electrical system the home inspector shall report:

(1) Presence of solid conductor aluminum branch circuit wiring; and

(2) Absence of smoke detectors and ground fault circuit interrupters.

(s)  The home inspector shall not have to inspect:

(1) Remote control devices;

(2) Alarm systems and components;

(3) Low voltage wiring systems and components;

(4) Ancillary wiring systems and components not a part of the primary electrical power distribution system within the house structure; and

(5) Generators and their control and distribution systems.

(t)  The home inspector shall not measure amperage, voltage or impedance.

(u) When inspecting the heating system the home inspector shall open readily accessible panels and inspect:

(1) Installed central heating system;

(2) Distribution system;

(3) Vent systems and chimney exteriors; and

(4)  Fuel storage and distribution systems excluding propane tanks.

(v)  When inspecting the heating system the home inspector shall describe:

(1) Installed central heating system;

(2) Distribution system; and

(3) Vent systems.

(w) When inspecting the heating system the home inspector shall report energy source or sources.

(x)  The home inspector shall not have to inspect:

(1) Interiors of heat source flues or chimneys;

(2) Heat exchangers;

(3) Humidifiers or dehumidifiers;

(4) Electronic air filters;

(5) Solar space heating systems;

(6) Mechanical dampers; and

(7)  Propane tanks.

            (y)  The home inspector shall not have to determine heat supply adequacy or distribution balance.

            (z) When inspecting the air conditioning system the home inspector shall open readily accessible panels to inspect:

(1) Permanently installed central systems; and

(2) Distribution systems.

            (aa) When inspecting the air conditioning system the home inspector shall describe permanently installed central systems.          

            (ab)  The home inspector shall not have to:

(1) Inspect electronic air filters;

(2) Determine cooling supply adequacy or distribution balance;

(3) Inspect window or wall mounted air conditioning units; and

(4) Operate air conditioning systems when the conditions adversely affect the operation of the equipment.

(ac)  When inspecting the interior the home inspector shall inspect:

(1) Walls, ceilings, and floors;

(2) Steps, stairways, and railings;

(3) Countertops and a representative number of installed cabinets;

(4) Garage doors and garage door operators; and

(5) A representative number of windows and doors.

            (ad)  The home inspector shall not have to inspect:

(1) Paint, wallpaper, and other finish treatments;

(2) Finished floor coverings;

(3) Window treatments;

(4) Central vacuum systems;

(5) Household appliances; and

(6) Recreational facilities.

(ae)  When inspecting the insulation and ventilation the home inspector shall inspect:

(1) Insulation in unfinished spaces;

(2) Ventilation of attics and foundation areas; and

(3) Mechanical ventilation systems.

(af)  When inspecting insulation and ventilation the home inspector shall describe:   

(1) Insulation in unfinished spaces; and

(2) Ventilation of attics and foundation areas.

            (ag) When inspecting insulation and ventilation the home inspector shall report: the absence of insulation in unfinished spaces at conditioned surfaces.

            (ah)  The home inspector shall not have to:

(1) Disturb insulation;

(2) Identify types of insulation; and

(3) Inspect air-to-air exchangers or other similar systems.

(ai)  When inspecting fireplaces the home inspector shall inspect:

(1) Built-in fireplaces; and

(2) Chimney exterior and vents.

(aj)  When inspecting fireplaces the home inspector shall describe built-in fireplaces

            (ak)  The home inspector shall not have to inspect:

(1) Interiors of fireplace flues or chimneys;

(2) Fire screens and doors;

(3) Seals and gaskets;

(4) Automatic fuel feed devices;

(5) Mantles and fireplace surrounds;

(6) Combustion make-up air devices;

(7) Heat distribution assists, gravity fed and fan assisted;

(8) Solid fuel burning appliances; and

(9) Gas appliances.      

            (al)  The home inspector shall not have to:

 (1) Determine draft characteristics; and

(2) Move fireplace inserts and stoves or firebox contents.

          (am)  The home inspector shall not have to determine:

(1) Conditions of systems or components which are not readily accessible;

(2) Remaining life expectancy of any system or component;

(3) Strength, adequacy, effectiveness, or efficiency of any system or component;

(4) The causes of any condition or deficiency;

(5)  Methods or materials necessary for corrections;

(6) The suitability of the property for any specialized use;

(7) Compliance with regulatory requirements including codes, regulations, laws, ordinances and manufacturers installation specifications;

(8) The presence of potentially hazardous plants or animals including, but not limited to wood destroying organisms or diseases harmful to humans including molds or mold-like substances;

(9) The presence of any environmental hazards including, but not limited to toxins, carcinogens, noise, and contaminants in soil, water, and air;

(10) The effectiveness of any system installed or method utilized to control or remove suspected hazardous substances; and

(11) Soil conditions relating to geotechnical or hydrologic specialties.

         (an)  Home inspectors shall not have to enter:

(1) Any area that 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; and

(2) Attics and under-floor crawl spaces which are not readily accessible.

        (ao)  Home inspectors shall not have to inspect:

(1) Underground items including, but not limited to underground storage tanks or other underground indications of their presence, whether abandoned or active;

(2) Items that are not installed;

(3)  Installed decorative items;

(4) Items in areas that are not entered in accordance with Home 603.02 (ao) (1); 

(5) Detached structures;

(6) Common elements or common areas in multi-unit housing, such as condominium properties or cooperative housing; and

(7)  Interiors of multi-unit housing flues, vents, or chimneys.

       (ap)  Home inspectors shall not be required to:

(1) Perform any procedure or operation that 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;

(2) Use a ladder;

(3) Describe or report on any system or component that is not included in these Standards and was not inspected;

(4) Move personal property, furniture, equipment, plants, soil, snow, ice,           or debris;

(5) Dismantle any system or component, except as explicitly required by Home 600;

(6) Walk on roofs; and         

 (7) Operate sump pumps.

(aq)   Home inspectors shall not:

(1) Report on market value of property or its marketability;

(2) Report on the advisability or inadvisability of the purchase of the property;

(3) Offer or perform additional inspectional services such as engineering, architectural, surveying, plumbing, electrical, pest control, or any other inspectional service requiring an occupational license and or registration in New Hampshire unless the inspector holds a valid registration and or occupational license, in which case he or she may inform the client that he or she is so registered/licensed, and is therefore qualified to go beyond this subdivision;

(4) Estimate or project the cost of repairs;

(5) Determine or verify property lines;

(6) Operate any system or component that is shut down or otherwise inoperable;

(7) Operate any system or component, which does not respond to normal operating controls;

(8) Predict future conditions and failure of systems or components;

(9) Project operating costs of systems or components;

(10) Evaluate acoustical characteristics of any system or component;

                    ((11) Determine any basement or crawlspace water tightness; and

                    (12)  Turn on or off any solid or liquid gas fuel burning device.

        (ar)  The home inspector shall not have to perform any action or make any determination not specifically stated in these standards of practice.

          (as)  Inspections performed in accordance with these standards of practice shall not have to identify concealed conditions, latent defects, or consequential damage or damages.  

CHAPTER Home 700 VOLUNTARY LICENSE SURRENDER     Back To Top

PART Home 701 PROCEDURE AND EFFECT.

          Home 701.01  Procedure for Surrendering a License.  Any person holding a license may voluntarily surrender that license by returning it to the board accompanied by a signed letter stating that he/she intends to surrender his/her license.

          Home 701.02  Effect of Voluntary License Surrender.

          (a)  A licensee who voluntarily surrenders a license shall retain no right or privilege of a New Hampshire license unless such a right or privilege is expressly preserved in the board order or settlement agreement authorizing the voluntary surrender. Subject to such possible preservations, a person who reapplies for licensure in New Hampshire after a voluntary surrender shall have the burden of proving compliance with all of the requirements then in effect for new applicants and professional character requirements.

          (b) Non-renewal of a license shall not preclude the board from investigating or completing a disciplinary proceeding based upon the licensee’s professional conduct while the license was still in effect. Nor shall surrender of a license preclude the board from investigating disciplinary proceedings not expressly referenced in the voluntary surrender order or settlement agreement. Such investigations and proceedings shall be handled in the same manner as other disciplinary investigations and proceedings.

          Home 701.03  Voluntary Surrender When Misconduct Allegations are Pending.

          (a)  A licensee who wishes to surrender his or her license as part of a settlement of pending misconduct allegations shall make a written settlement offer to the board before the close of the record in a disciplinary hearing.

          (b)  Any settlement agreement reached under (a), above, shall include the following concessions:

                      (1)  That the license surrender has occurred in settlement of pending disciplinary charges; and

                      (2)  That the pending disciplinary allegations shall be fully resolved in any future application filed by the licensee in New Hampshire.

          (c)  The board shall decline to accept a settlement agreement under (a), above, if the board believes the licensee has declined to disclose material information concerning the alleged misconduct or has refused to stipulate to the truth of specific material facts concerning the alleged misconduct which would be necessary to protect the public interest in the event the licensee subsequently reapplies for a license.

          (d)  A licensee’s stipulation of facts shall be exempt from public disclosure to the extent permitted by RSA 91-A and if the public portion of the settlement agreement or surrender document expressly states that a separate, confidential stipulation of facts is on file with the board.

           (e)  The fact of license surrender and the terms of any settlement agreement pertaining thereto shall be distributed to all relevant licensing authorities and professional societies in the same manner as a final decision containing specific finding of professional misconduct.

Not an Official Version

The Joint Board makes no warranty, express or implied, as to whether this document is correct, complete, up-to-date, or as to any other relative fact. Minor formatting differences may apply that do not affect the content. Independent verification of the contents is essential.

 

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