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PROFESSIONAL ENGINEERS, LAND SURVEYORS

CHAPTER 40

STATE BOARD OF PROFESSIONAL ENGINEERSAND LAND SURVEYORS

Authority

NJ.SA 45:8-27 et seq.

Source and Effective Date

R.2006 d.80, effective January 26, 2006.See: 37 NJ.R. 3253(a), 38 NJ.R. 1202(a).

Chapter Expiration Date

Chapter 40, State Board of Professional Engineers and Land Surveyors, expires on January 26, 2011.

Chapter Historical Note

Chapter 40, State Board of ProFessional Engineers and LandSurveyors, was adopted and became effective prior to September t,1969.

Subchapter 7, Permissible Division of Responsibility in Submission ofSite Plans and Major Subdivision Plats, was adopted as R.l981 d.320,effective September 10, 1981. See: 13 NJ.R. 231(a), 13 N.J.R. 607(a).

Pursuant to Executive Order No. 66(1978), Subchapter 6, Fees, wasreadopted as R.1983 d.418, effective September 15, 1983. See: 15N.J.R. 1077(a), 15 N.J.R. 1667(a).

Subchapter 8, Maintenance ofProject Records, was adopted as R1985d.225, effective May 6, 1985. See: 16 N.J.R. 1027(a), 17 NJ.R.1I33(a).

Subchapter 9, Responsible Charge of Engineering or Land SurveyingWork, was adopted as R.1985 d.222, effective May 6, 1985. See: 16NJ.R. 2067(b), 17 N.J.R. 1I34(a).

Subchapter I, Title Blocks for Professional Engineers, was repealedand Subchapter I. Title Blocks and Seals for Professional Engineers andLand Surveyors, was adopted as new rules, and Subchapter 2, TitleBlocks for Land Surveyors, was repealed by R.1985 d.694, effectiveJanuary 21,1986. See: 17 NJ.R. 2602(b), 18 NJ.R. 205(a).

Subchapter 2, Application Requirements, was adopted as new rules byR.1987 d.355, effective September 8, 1987. See: 19 N.J.R. 851(a), 19NJ.R. 1649(b).

Subchapter 10. Contract to Provide Professional Services, wasadopted as R.1989 d.64, effective February 6, 1989. See: 20 NJ.R.2243(b), 21 NJ.R. 339(a).

Pursuant to Executive Order No. 66( 1978), Chapter 40. State Board ofProfessional Engineers and Land Surveyors, was readopted as R.1990d.434, effective August 3, 1990. See: 22 NJ.R. I 867(a), 22 NJ.R.2747(b).

Petitiun for Rulemaking. See: 25 NJ.R. 3032(a), 25 N.J.R. 3871(a).

Subchapter II, Land Surveyors~ Continuing Competency, wasadopted as R.1995 dJ05, effective June 19, 1995. See: 26 NJ.R.4314(a),27 NJ.R. 2415(a).

Pursuant to Executive Order No. 66(1978). Chapter 40, State Board ofProfessional Engineers and Land Surveyors, was readopted as R.l995d.474, effective August 2, 1995. See: 27 N.J.R. 1748(a), 27 NJ.R.3370(a).

Subchapter 12, Retired License and No-Fee Retired License Status,was adopted as R.1998 d.224, effective May 4, 1998. See: 30 NJ.R.290(a), 30 NJ.R. 1618(a).

Pursuant to Executive Order No. 66(1978), Chapter 40. State Board ofProfessional Engineers and Land Surveyors, was readopted as R.2000dJ55, effective August I, 2000. See: 32 NJ.R. 1906(a), 32 N.J.R.3328(a).

Subchapter 15, Home Inspection Advisory Conunittee, was adopted asnew rules by R.2002 d.169, effective June 3, 2002. S",e: 33 N.J.R.1318(a), 34 NJ.R. 1935(a).

Chapter 40, State Board of Professional Engineers and Land Surveyors, was readopted by R.2006 d.80, effective January 26,2006. See:Source and Effective Date. See, also, section annotations.

CHAPTER TABLE OF CONTENTS

SUBCHAPTER I. PURPOSE AND SCOPE; DEFI NITIONS

13:40-1.1 Purpose13:40-1.2· Scope13:40-1.3 Definitions13:40-1.4 through 13:40-1.6 (Reserved)

SUBCHAPTER 2. APPLICATION REQUIREMENTS;LICENSING; BIENNIAL RENEWAL; INACTIVESTATUS

13:40-2.1 Application submission13:40-2.2 Scheduling of examination13:40-2.3 Cancellation of application~reapplication13:40-2.4 Engineer-in-training: application procedure; eligibility

requirements; requirements for juniors and seniors tosit for Part F portion

13:40-2.5 Professional engineer: application procedure; eligibilityrequirements

13:40-2.6 SUIVeyor-in-training; application procedure; eligibilityrequirements

13:40-2.7 Land surveyor; application procedures; eligibility re-quirements

13:40-2.8 Education requirements: engineer-in-training and pro-fessional engineer

13:40-2.9 Education requirements: land surveyor-in-training; landsurveyor

13:40-2.10 Experience reguirements~ professional engineer13:40-2.11 Experience requirements; land surveyor13:40-2.12 Waiver of the fundamentals of engineering examina-

tion13 :40-2.13 References13 :40-2.14 Language comprehension requirement13:40-2.15 Biennial license renewal; license suspension; reinstate

ment of suspended license; inactive status13:40-2.16 Comity13:40-2.17 (Reserved)

SUBCHAPTER 3. LICENSURE REQUIREMENT;EXEMPTIONS; STANDARDS OF PRACTICE;MISCONDUCT

13:40-3.1 Licensure requirement; issuance and display of certi-ficate; advertising

13:40-3.2 Licensure exemptions: acceptable measurements byprofessional engineers

AdvertisingRelease of project recordsEnumeration of prohibited actsReporting incidents of professional misconduct

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13:40-15.513:40-15.613:40-15.713:40-15.813:40-15.913:40-15.1013 :40-I 5.1113:40-15.1213:40-15.1313:40-15.1413:40-15.1513:40-15.1613:40-15.1713:40-15.1813:40-15.1913:40-15.2013:40-15.21

SUBCHAPTER 4. GENERAL PROVISIONS

13 :40-4.1 Notification of change of address; service of process13:40-4.2 Scope of practice; home inspections

SUBCHAPTER 5. LAND SURVEYORS; PREPARATIONOF LAND SURVEYS

13:40-5.1 Land surveyors; preparation of land surveys13:40-5.2 Waiver ofeamer marker

SUBCHAPTER 6. FEES13:40-6.1 Fee schedule

SUBCHAPTER 7. PERMISSIBLE DIVISION OFRESPONSIBILITY IN SUBMISSION OF SITE PLANSAND MAJOR SUBDIVISION PLATS

13:40-7.1 General provisions13:40-7.2 Depiction of existing conditions on a site plan13:40-7.3 Preparation of site plan13:40-7 A Preparation of a major subdivision plan13:40-7.5 Effect of local ordinances

SUBCHAPTER 8. SEALING AND TITLE BLOCKREQUIREMENTS FOR PROFESSIONAL ENGINEERSAND LAND SURVEYORS

13:40-8.[ Sealing documents13:40-8.2 Title block on drawings; forms: removal13:40-8.3 Title block contents13:40-8.~ Proposed title block form13:40-8.5 Title block use for professional engineer and land sur-

veyor work project13:40-8.6 Subtitle block of independent professional

SUBCHAPTER 9. RESPONSIBLE CHARGE OFENGINEERING OR LAND SURVEYING WORK

13 :40-9.1 Supervision of subordinates; maintaining records of ad-equate supervision; acts reflecting inadequate supervision

SUBCHAPTER 10. CERTIFICATES OF AUTHORIZATION

13:40-10.1 Issuance of certificates ofauthorization13:40-] 0.2 Biennial renewal of certificates of authorization13:40-10.3 Contract requirement

SUBCHAPTER I 1. LAND SURVEYORS; CONTINUINGCOMPETENCY

13:40-11.1 Continuing professional competency requirements;failure to comply

13 :40-11.2 Definitions13:40-11.3 Credit-hour requirements13 :40-1 1.4 Approval ofcourse offerings13 :40-11.5 Continuing competency programs and other sources of

continuing competency credits13:40-11.6 Credit calculation13:40-1 L7 Reporting and documenting ofPDHs13:40-11.8 Waiver of continuing competency requirement13:40-11.9 License restoration13:40-11.10 Out-or-jurisdiction resident13:40-1] .11 Criteria for continuing competency programs13:40-1 1.12 Responsibilities of program providers

SUBCHAPTER 12. RETIRED LICENSE AND NO-FEERETIRED LICENSE STATUS

13:40-12.1 Eligibility requirements13 :40-12.2 Retired licensee: application; entitlement13 :40-12.3 No-fee retired licensee13 :40-12.4 Resumption of practice

Supp. 10-2-06

· DEPT. OF LAW AND PUBLIC SAFEry

SUBCHAPTERS 13 AND 14. (RESERVED)

SUBCHAPTER 15. HOME INSPECTION ADVISORYCOMMITTEE

13:40-15.1 Purpose; scope; applicability13:40-15.2 Definitions13:40-15.3 Office of the Committee13:40-15.4 Requirements for initial licensure as home inspector

(grandfathering)(Reserved)Requirements for initial licensure as home inspector(Reserved)Insurance requirementIdentification cardsLicense renewalChange of license status: inactive to activeReinstatement of suspended licenseChange of address provision; service of processContinuing education requirementsPre-inspection agreementsStandards of practiceMandatory tools and equipmentAdvertising; identification of licenseeProhibited practicesSuspension, revocation or refusal to renew licenseRequirements for licensure as a home inspector by

comity13:40-15.22 Inspection services requiring additional experience.

education, training, or license or certification13:40-15.23 Fee schedule13:40-15.24 Issuance of home inspector license based on associate

home inspector license or experience

40-2


SUBCHAPTER 15. HOME INSPECTlON ADVISORYCOMMITTEE

13:40-15.1 Purpose; scope; applicability

(a) The purpose of the rules in this subchapter is toimplement P.L. 1997, c.323 (N.J.SA 45:8-61 et seq.), theHome Inspection Professional Licensing Act.

(b) This subchapter shall apply to all persons licensed ashome inspectors by the State ofNew Jersey and applicants forsuch licensure, performing home inspections of residentialbuildings with four or fewer dwelling units and other relatedresidential housing components.

(c) No person shall perform or hold oneself out aspermitted to perform a borne inspection nor represent or calloneself a home inspector unless licensed pursuant to N.LA.C.13:40-15.5 or 15.6.

(d) This subchapter shall not apply to:

I. Any person who is employed as a code enforcementofficial by the State or a political subdivision thereof whenacting within the scope of that govenunent employment;

2. Any person licensed by the State as an architect,professional engineer, electrical contractor or master

13:40-15.2

plumber, who is acting within the scope of practice of hisor her profession or occupation;

3. Any real estate broker, broker-salesperson, orsalesperson who is licensed by the State when actingwithin the scope ofhis or her profession;

4. Any person regulated by the State as an insuranceadjuster, who is acting within the scope 0 f his or herprofession;

5. Any State licensed real estate appraiser or certifiedgeneral or residential real estate appraiser, who is actingwithin the scope ofthat profession;

6. Any person certified or registered as a pesticideapplicator pursuant to N.J.A.C. 7:30-6 or 8, who is actingwithin the scope of the practice for which certification hasbeen issued;

7. Any person performing home inspections under theon-site supervision of a licensed home inspector for thepurpose of meeting the associate home inspectorrequirements ofN.J.A.C. 13:40-15.5(a)4.

Amended by R.2006 d.80, effective February 21, 2006.See: 37 NJ.R. 3253(a), 38 N.J.R. 1202(a).

In (b). deleted "or associate home inspectors"; in (c). deleted «AfterMay 29, 2003."

13:40-15.2 Definitions

The following terms, when used in this subchapter, shallhave the following meanings unless the context clearlyindicates otherwise.

"Accessible" means available for visual inspection withoutrequiring the moving of personal property, dismantling,destructive measures, or any action which will likely involverisk to p'ersons or property.

"Act" means the Home Inspection Professional LicensingAct, N.J.S.A. 45:8-61 et seq.

"Acting within the scope of practice of a profession oroccupation)) means performing those specific duties for whichcertification, registration or licensure by a board, committee,commission, or agency of the State or Federal government isnecessary and has in fact been granted to an individual.

"Additional inspection services" does not encompassrepairs or improvements. "Additional inspection services"means:

1. Tests performed by a home inspector which are notpart of a home inspection but which, in the opinion of thehome inspector, are warranted or which the client requests.Such tests include, but 1U'e not limited to, radon, asbestos,lead paint, carbon monoxide or urea-formaldehyde testing.Such testing may be performed providing the homeinspector has the relevant experience, education, trainingandlor licensing andlor certification to perform suchadditional tests as set forth in N.J.A.C. 13:40-15.22;

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13:40-15.2

2. Inspecting systems and components which the horneinspector is not required to, but is not prohibited from,inspecting pursuant to the standards of practice, NJ.A.C.13:40-15.16;

3. Inspecting systems and components which are notpart of the horne inspection but which the home inspectormay inspect if experienced, educated, trained, certified,registered or licensed as set forth in N.J.A.C. 13:40-15.22;and

4. Engineering and architectural services which arenecessitated as a result ofa home inspection.

"Additional inspection services" does not encompassrepairs or improvements.

"Board" means the State Board of Professional Engineersand Land Surveyors.

~'Client" means any current or prospective homeowner whoengages, or seeks to engage, the services of a home inspectorfor the purpose of obtaining an inspection of and writtenreport regarding the condition ofa residential building.

"Client's representative" means an attorney at law of theState of New Jersey who has been retained by the client andidentified to the horne inspector in writing. For the purposesof this subchapter, a real estate broker or agent is not theclient's representative.

"Committee" means the Horne Inspection AdvisoryCommittee established pursuant to N.J.S.A. 45:8-63.

"Component" means a part which, together with otherparts, make up a system.

"Continuing education unit" means an hour of aneducational activity in which a minimum of 50 minutes of thehour comprises active instruction or learning.

"Decorative" means ornamental, and not required for theoperation of the systems and components of a residentialbuilding.

"Describe" means to report in writing a system or component by its type or other observed significant characteristicsto distinguish it from other systems or components.

"Direct, on-site supervision" means that a licensed homeinspector is physically present at and monitors the entirehorne inspection and prepares and signs the horne inspectionreport.

IIExterior surfaces" means exterior cladding or siding,flashing, trim, eaves, soffits andlor fascia.

"Functional drainage" means the drainage of a plumbingfIXture sufficient to prevent fIxture overflow during nonnalusage.

DEPT. OF LAW AND PUBLIC SAFETY

"Functional water flow" means the delivery of a quantityof water at flow and pressure sufficient to use a fIxture for itsintended purpose.

"Home inspection" means a visual, functional, noninvasive inspection conducted for a fee or any otherconsideration and perfonned without moving personal property, ftnnittue, equipment, plants, soil, snow, ice, or debris,using the mandatory equipment and including the preparationof a horne inspection report of the readily-accessible elementsof the following components of a residential building:structural components, exterior components, roofing system,plumbing system, electrical system, heating system, coolingsystem, interior components, insulation components andventilation system, fireplaces and solid fuel burning appliances,or any other related residential housing component as determined by the Board, in consuitation with the Committee, byrule, but excluding recreational facilities and outbuildingsother than garages or carports.

"Horne inspection report" means a written report preparedfor a fee or any other consideration by a horne inspectorwhich:

1. Discloses those systems and components which aredesignated for inspection pursuant to this subchapter· andare present at the time of the inspection, as well as thosewhich are present at the time of the horne inspection butare not inspected and the reason(s) they are not inspected;

2. Describes systems and components as specified inthis subchapter;

3. States what material defects are found in systems orcomponents;

4. States the significance of findings; and

5. Provides recommendations regarding the need torepair, replace or monitor a system or component, or toobtain examination and analysis by a qualified professionaL tradesman or service technician.

"Home inspection training report" means a written reportprepared by a trainee pursuant to NJ.A.C. l3:40-15.5(a)4,which:

1. Discloses those systems and components which aredesignated for inspection pursuant to this subchapter andare present at the time of the inspection, as well as thosewhich are present at the time of the horne inspection butare not inspected and the reason(s) they are not inspected;

2. Describes systems and components as specified inthe rules of this subchapter;

3. States what material defects are found in systems orcomponents;

4. States the significance of findings; and

5. Provides recommendations as to the need to repair.replace or monitor a system or component, or to obtain

Supp.2-21-06 40-30


examination and analysis by a qualified professional,tradesman or service technician.

"Home inspector" means any person licensed as a homeinspector pursuant to N.J.S.A. 45:8-62 et seq. and thissubchapter who practices as a home inspector and inspectsthe condition of a residential building on behalf of a client forwhich the client is charged a fee.

"Inspect" means to visually examine any readily accessiblesystem or component of a building, including viewing theinterior of readily openable access panels, and operatingbuilding systems using normal operating controls in accordance with this subchapter.

"Installed" means affixed apparatus or component of asystem that is permanently integrated in a residentialbuilding.

"Licensee" means a home inspector licensed by the Committee and subject to this subchapter.

"Material defect" means a condition, or functional aspect,of a structural component or system that is readilyascertainable during a home inspection that substantiallyaffects the value, habitability or safety of the dwelling, butdoes not include decorative, stylistic, cosmetic, or aestheticaspects of the system, structure or component.

(INormal operating controls" means devices such asthermostats, switches or valves intended to be operated by thehomeowner in the ordinary use of a system component orappliance.

"Other related residential housing component" means anattached or detached garage or carport unless that garage orcarport contains a residence separate from the primaryresidential building.

"Person" means any natural person, limited or generalpartnership, associatio!1, cOrPoration, or other legal entity, orany combination thereof.

"Readily openable access panel" means a panel providedfor inspection and maintenance that is within normal reach,can be removed by one person, and is not sealed in place.

"Recreational facilities" means spas, saunas, steam baths,swimming pools, exercise, entertainment, athletic, playground or other similar equipment and associated accessories.

"Residential building" means a structure consisting of fromone to four family dwelling units and their garages orcarports, unless such garage or carport contains a separatedwelling unit but excluding the common elements and areasin multiple unit housing such as condominiums andcooperative housing; that has been occupied as such prior tothe time when a home inspection is requested or contractedfor in accordance with the Act and this subchapter, but doesnot include any such structure newly constructed and notpreviously occupied.

13:40-15.4

"Significance of fmdings" means an explanation of thereason the home inspector reported that a system or component designated for inspection pursuant to this subchaptercontained a material defect, for the purpose of advising theclient ofthe need for appropriate action.

"Structural component" means an integral part of a residentialbuilding, including the masonry structure andfoundation, that supports non-variable forces or weights, thatis, dead loads, and variable forces or weights, that is, liveloads.

"System" means a combination of interacting or interdependent components, assembled to carry out one or morefunctions.

"Trainee" means any person who perfonns a home inspection under the direct, onwsite supervision of a licensed homeinspector pursnant to the provisions ofN.J.A.C. 13:40-15.5.

"Unsafe" means a condition of a readily accessible,installed component or system caused by obsolescence,damage, deterioration, improper installation or inherent defects which presents a significant risk of injnry or propertydamage under normal, day-to-day operation.

"Under-floor crawl space" means the area within theconfmes of the foundation and between the ground and theunderside ofthe floor.

Amended by R.2006 d.80, effective February 21, 2006.See: 37 N.J.R. 3253(a), 38 N.J.R. 1202(a).

Rewrote definitions "Additional inspection services," "Homeinspection," "Home inspection report," "Licensee" and "Significance offmdings"; and deleted definitions "Associate home inspector" and"Regular and effective, direct supervision."

13:40-15.3 Office of the Committee

The office of the Committee shall be maintained with theBoard at 124 Halsey Street, Newark, New Jersey. Themailing address of the Committee is PO Box 45043, Newark,New Jersey 07101.

13:40-15.4 Reqnirements for initial licensure as homeinspector (grandfathering)

(a) Pursuant to N.J.SA 45:8-72, by December 30, 2005,persons may apply for licensure as a home inspector bycompleting and submitting to the Committee an applicationwhich wiil require information that the applicant:

I. Is ofgood moral character;

2. Has successfully completed high school or itsequivalent;

3. Has, as of December 31, 1999, passed the examination offered by the American Society of HomeInspectors (ASHl) or has, since January I, 2000, passed theNational Home Inspection Examination administered by

40-31 Supp.2-21-06

13:40-15.4

the Examination Board of Professional Home InspectorsCEBPHI);

4. Has performed home inspections as defmed inN.J.A.C. 13:40-15.2 on or before December 30, 2005, ineither of the following nwnbers:

i. 400; or

ii. 300 for at least three years preceding December30,2005.

5. Maintains an errors and omissions insurance policyin the minimwn amount of $500,000 per occurrence.

Cb) An applicant for licensure under this section shall:

I. Pay an application fee as set forth in N.J.A.C. 13:4015.23;

2. Submit copies of income tax retwns, businessincorporation papers or similar documentation to verifythat the applicant was in the business of performing homeinspections for at least three years prior to December 30,2005; and

3. Submit a list of the home inspections completed forcompensatiou as required pursuant to (a)5 above byDecember 30, 2005.

(c) The Committee shall randomly audit applications toverify that applicants for licensure as a home inspector underthis section performed the home inspections as required by(a)5 above. Applicants that are audited shall submit copies ofhome inspection reports as requested by the Committee.

(d) Pursuant to N.J.S.A. 45:1-21 and N.J.A.C. 13:4015.20, the Committee may deny, refuse to renew, temporarilysuspend or revoke a license, or impose a civil penalty, uponproof that an applicant has obtained a license under thissection through fraud, deception or misrepresentation.


Rewrote the section.

13:40-15.5 (Reserv.ed)

Repealed by R.2006 d.80, effective February 21, 2006.See: 37 NJ.R. 3253(a), 38 NJ.R. 1202(a).

Section was "Requirements for licensure as associate homeinspector".

13:40-15.6 Requirements for iuitiallicensure as homeinspector

Ca) An applicant for licensure as a home inspector shallcomplete and submit to the Committee an application whichwill require information that the applicant:

I. Is ofgood moral character;

2. Has successfully completed high school or itsequivalent;


3. Has successfully completed an approved course ofstudy of 180 hours, as prescribed by the Board, afterconsultation with the New Jersey Department of Education,which shall include not less than 40 hours of unpaid fieldbased inspections in the presence of and under the directsupervision of a licensed home inspector. The inspectionsshall be provided by the school administering the approvedcourse of study; or

4. Has performed at least 250 home inspections asdefmed in N.J.A.C. 13:40-15.2 for which the client wascharged a fee. The inspections shall be performed in thepresence of and under the direct supervision of a licensedhome inspector who oversees and takes full responsibilityfor the inspection and any report produced;

5. Shall secure and maintain an errors and omissionsinsurance policy in the minimum amount of $500,000 peroccurrence; and

6. Pay an application fee as set forth in N.JAC. 13:4015.23.

(b) The Committee shall randomly audit applications toverify that applicants for licensure as a home inspector underthis section performed at least 250 home inspections asrequired by (a)4 above. Applicants that are audited shallsubmit copies of home inspection reports as requested by theCommittee.

(c) Pursuant to N.J.S.A. 45:1-21 and N.J.A.C. 13:4015.20, the Committee may deny, refuse to renew, temporarilysuspend or revoke a license, or issue a civil penalty, uponproof that an applicant has obtained a license through fraud,deception or misrepresentation.


Deleted former (a)3; added new (a)3; rewrote (a)4.

13:40-15.7 (Reserved)

Repealed by R.2006 d.80, effective February ii, 2006.See: 37 N.J.R. 3253(0), 38 N.J.R. 1202(a).

Section was "Supervision of associate home inspectors".

13:40-15.8 Insurance requirement

Ca) All licensed home inspectors and engaged in theprofession of home inspection shall maintain an errors andomissions insurance policy in the minimum amount of$500,000 per occurrence and file proof of the policy with theCommittee.

(b) Every proof of an errors and omissions policy requiredto be filed with the Committee shall provide that cancellationor nomenewal of the policy shall not be effective unless anduntil the Committee has received at least 10 days writtennotice of intention to cancel or nonrenew.

(c) Both the home inspector and the insurance companyshall provide written notification to the Committee at least 10

Supp. 2-21-06 40-32

PROFESSIONA.L ENGINEERS, LAND SURVEYORS

days prior to the discontinuation of the errors and omissionspolicy.

Amended by R.2006 d.80, effective February 21, 2006.See: 37 NJ.R. 3253(a), 38 NJ.R. 1202(a).

In (a) and (e), deleted "associate home inspector."

13:40-15.9 Identification cards

(a) Allliceused home inspectors shall, during the performance of a home inspection, carry an identification card issuedby the Committee. The identification card shall coutain thename, photograph, license number and signature of the personto whom the identificatiou card has beeu issued.

(b) Identification cards shall not be transferable. Aduplicate identification card to replace one lost or destroyedmay be issued upon notice to the Committee and payment ofa fee as established by rule by the Division.

Amended by R.2006 d.80, effective February 21, 2006.See: 37 NJ.R. 3253(a), 38 NJ.R. 1202(a).

In (a), deleted "and associate home inspectors."

13:40-15.10 License renewal

(a) All licenses issued by the Committee shall be issuedfor a two year period. A licensee who seeks renewal of thelicense shall submit a license renewal application and thelicense renewal fee set forth in N.J.A.C. 13:40-15.23 to theCommittee prior to the expiration of the license.

(b) Renewal applications shall provide the applicant withthe option of either active or inactive status. A licenseeelecting inactive status shall pay the inactive license fee as setforth in N.J.A.C. 13:40-15.23 and shall not engage in thepractice ofhome inspection.

(c) If the licensee does not renew the license prior to itsexpiration date, the licensee may renew it within 30 days ofits expiration by submitting a renewal application, a licenserenewal fee and a late fee, as set forth in N.J.A.C. 13:4015.23.

(d) A license that is not renewed within 30 days of .itsexpiration shall be automatically suspended. An individualwho continues to practice with a suspended license shall bedeemed to be engaged in unlicensed practice.

13:40-15.11 Change of license status: inactive to active

(a) A licensee, upon application to the Committee, maychange from inactive to active status upon payment of therenewal fee as set forth in N.J.A.C. 13:40-15.23 andsubmission of evidence of having completed the following:

I. Forty units of Committee-approved continuingeducation within the two year period preceding the application for reinstatement if the license has been inactive foraperiod of two years or less;

13:40-15.12

2. Sixty un.its of Committee-approved continuingeducation within the three year period immediatelypreceding the application for reinstatement or the course ofstudy as required by N.J.A.C. 13:40-15.5(a)3 within oneyear immediately preceding the application for reinstatement if the license has been inactive for a period of morethan two and less than five years; or

3. The course of study as required by N.J.A.C. 13:4015.5(a)3 within one year immediately preceding theapplication for reinstatement if the license has beeninactive for a period of five or more years.

13:40-15.12 Reinstatement of suspended license

(a) An individual whose license has been suspended fornonpayment of a biennial renewal fee may be reinstated bythe Committee, provided the applicant otherwise qualifies forlicensure pursuant to N.J:S.A. 45:8-68 and N.J.A.C. 13:4015.6, and submits one of the following to the Board:

I. A certification or licensure in good standing fromany other state or jurisdiction in which the applicant haspracticed as a home inspector during the period the licensewas suspended in this State;

2. An affidavit by the applicant stating that he or shehas practiced as a home inspector in a state or jurisdictionwhich does not require certification or licensure, during theperiod the license was suspended in th.is State; or

3. An affidavit stating that the applicant has notpracticed as a home inspector in this or any otherjurisdiction during the period the license was suspended inthis State.

(b) An applicant who has practiced as a home inspector inthe marmer described in (a)1 or 2 above shall submit writtenverification, on a form provided by the Committee, from allof the applicant's employers. The verification shall documentdates of employment from the date the New Jersey licensewas suspended to the date of application for reinstatement,and the name, address and telephone number of eachemployer.

(c) An applicant who has been practicing as a homeinspector in any manner described in (a)1 or 2 above duringthe period the license was suspended in this State shall submitproof that he or she has <:ompleted a minimum of 40Committee-approved continuing education units pursuant toN.J.A.C. 13:40-15.13 in the two year period immediatelyprior to application for reinstatement.

(d) An applicant who has not practiced as a home inspectorduring the period the license was suspended in this State shallmeet the following requirements as a condition of reinstatement:

I. An individual whose license has been suspended fora period of two years or less shall complete 40 units of

40-33 Supp.2-21-06

13:40-15.12

Committee-approved continuing education within the twoyear period preceding reinstatement;

2. An individual whose license has been suspended fora period of more tban two and less than five years shallcomplete 60 units of Committee-approved continuingeducation within the three year period immediatelypreceding reinstatement or successfully complete thecourse of study as required by N.J.A.C. 13:40-15.5(a)3within one year immediately preceding reinstatement; or

3. An individual whose license has been suspended fora period of five or more years shall retake and pass theHome Inspector Examination administered by theExamination Board of Professional Home Inspectors(BBPHl) prior to reinstatement.

(e) Prior to reinstatement, an applicant shall pay areinstatement fee and all past delinquent biennial renewal feespursuant to N.JAC. 13:40-15.23.

Amended by R.2006 d.80, effective February 21, 2006.See: 37 N.J.R. 3253(0), 38 NJ.R. 1202(.).

In introductory paragraph (a), deleted reference to NJ.S.A. 45:8-69and N.lA.C. 13:40-15.5; deleted "or associate home inspector"thrOUghOllt.

13:40-15.13 Change of address provision; service ofprocess

(a) A licensed home inspector shall notifY the Committeein writing of any change of address from that registered withthe Cotumittee and shown on the most recently issuedcertificate. Such notice shall be sent to the Committee bycertified mail, return receipt requested, not later than 30 daysfollowing the change of address. Failure to notifY the Boardof any change of address may result in disciplinary action inaccordance with N.J.S.A. 45:1-21(h).

(b) Service of an administrative complaint or otherCommittee-initiated action at a licensee's address which is onfile with the Committee shall be deemed adequate notice forthe purposes of NJ.A.C. 1:1-7.1 and the commencement ofany disciplinary proceedings.

(c) A license shall, within 30 days of receiving notice ofdisciplinary action taken against the licensee in any state,territory or jurisdiction, report to the Committee in writing ofsuch notification and provide a copy of the notification andthe underlying documentation of the disciplinary action.

Amended by R.2006 d.80, effective February 21, 2006.See: 37 NJ.R. 3253(.), 38 NJ.R. 1202(0).

In (a), deleted "or licensed associate home inspector."

13:40-15.14 Continuing edncation requirements

(a) The Committee shall not issue a license renewal unlessthe applicant attests, when submitting the renewal applicationsent by the Committee, that he or she has completed coursesof continuing professional education of the types and numberof units specified in (b), (c) and (d) below. Falsification of


any information submitted with the renewal application mayresult in penalties and/or suspension of the license pursuant toN.J.S.A. 45:1-21 through 25 and N.J.A.C. 13:40-15.20.

(b) Continuing education unit requirements for bienniallicense renewal are as follows:

1. Each home inspector shall be required to completeduring the preceding biennial period a minimum of 40units of continuing education in courses and programs asprovided in (c) and (d) below.

2. Persons receiving initial licensure as home inspectors shall complete continuing education requirementsprorated as follows:

i. Any person receiving initial licensure as a homeinspector in the flfst year of a biennial registration periodshall complete a minimum of 40 continuing educationunits before the end of that biennial registration period;and

ii. Any person receiving initial licensure as a homeinspector in the second year of a biennial registrationperiod shall complete a minimum of 20 continuing education units before the end of that biennial registrationperiod.

3. A licensee who completes more than the minimumcontinuing education units as set forth in (b)1 above in anybiennial registration period may carryover no more than 10of the additional units into a succeeding biennial period,but only if the units were earned in the last six months ofthe preceding biennial period.

4. Any continuing education units completed by thelicensee in compliance with an order or directive from theCommittee as set forth in (h) below may not be used tosatisfy the minimum continuing education requirements asset forth in this section.

5. A licensee on inactive status who seeks to reactivatehis or her license shall submit to the Committee proof ofsuccessful completion of continuing education units as setforth in N.J.A.C. 13:40-15.10(a), (b) and (c) above, asapplicable.

(c) A licensee may obtain continuing education units fromthe following:

1. Successful completion of continuing educationcourses or programs approved by the Committee pursuantto (g) below. The Committee shall maintain a list of allapproved programs, courses and lecturers at the Boardoffice and shall furnish this information to licensees uponrequest;

2. Participation in instructional activities such asdeveloping curriculum for a new program or course and/orteaching a new program or course, provided the program orcourse is directly related to the practice of home inspectionin the State of New Jersey. "New" means that the licensee

Supp.2-21-06 40-34


has never taught or developed curriculum for that course orprogram in any educational setting;

3. Authorship of a textbook or manual directly relatedto the practice of home inspection in the State of NewJersey, provided the textbook or manual, as published, is atleast 7,500 words in length;

4. Authorship of a published article related to thepractice of home inspection in the State of New Jersey,provided the article, as published, is at least 250 words inlength; and

5. Direct, on-site supervision of associate home inspectors and/or trainees during home inspections used fortraining purposes. To qualify for coutinuing educationcredit, a home inspection used for training purposes shalIrequire at least one hour to complete and shalI not beattended by more than two associate home inspectorsand/or trainees in the aggregate.

(d) Credit for continuing education shall be granted asfollows for each biennial registration period:

I. Attendance at continuing education programsapproved by the Committee: one unit for each hour ofattendance at an approved course. Credit shall not begranted for courses that are less than one instructional hourlong. Completion of an entire course or segment of courseinstruction shalI be required in order to receive anycontinuing education units;

2. Attendance at courses approved by the Committee:one uoit for each hour of attendance at an approved course.Credit shalI not be granted for courses that are less thanone instructional hour long. Completion of an entire courseor segment of course instruction is required in order toreceive any continuing education units;

3. Successful completion of correspondence, Internetor other distance learning courses approved by theCommittee: one continuing education unit per hour ofcourse instruction as determined by the Committee to amaximum of 10 units per biennial registration period;

4. Participation in instructional activities pursuant to(c)2 above: one continuing education uoit per hour ofprogram or course instruction to a maximum of 16 uoitsper biennial registration period;

5. Authorship of a textbook or manual pursuant to (c)3above: 10 continuing education units per textbook ormanual to a maximum of 10 uoits per biennial registrationperiod;

6. Authorship of a published article pursuant to (c)4above: one continuing education uoit per published articleto a maximum of 10 uoits per biennial registration period;and

7. Direct, on-site supervision of associate home inspectors and/or trainees during training home inspections

13:40-15.14

pursuant to (c)5 above: one continuing education unit perhome inspection used for training purposes to a maximumof 16 units per biennial registration period.

(e) The Committee shall perform audits of randomlyselected licensees to determine compliance with continuingeducation requirements. A licensee shalI maintain thefolIowing documentation for a period of five years aftercompletion of the continuing education units and shall submitsuch documentation to the Committee upon request:

I. Certificate of completion from sponsor-for attendance at courses or programs approved by the Committee;

2. The published item-for publication of manual,textbook, or article;

3. Documentation, including copy of curriculum,location, date and time of course, duration of course byhour, and letter from sponsor, confmning that the licenseedeveloped or taught the course or program-for developingcurriculum or teaching a course or program, includingthose for realtors and/or civic groups; and

4. Documentation, including the locafion, date andtime, duration, a list of participants, and copies of allcompleted home inspection training reports-for eachtraining home inspection directly supervised by thelicensee.

(I) Waiver, extension or other modification of thecontinuing education requirements may be granted asfollows:

1. The Committee upon receipt of a request for waiver,extension or other modification received at least 90 daysprior to license renewal, may waive, extend or otherwisemodify the continuing education requirements of thissection on an individual basis for reasons of hardship, suchas severe illness, disability, or military service; and

2. A licensee seeking a waiver, extension or othermodification of the continuing education requirementsshall apply to the Committee in writing which must bereceived at least 90 days prior to license renewal and setforth in specific detail the reasons for the request. Thelicensee shall provide the Committee with such supplemental materials as will support the request.

(g) All sponsors of continuing education courses orprograms shall:

I. Obtain Committee approval prior to representingthat any course, seminar, or program fulfills the requirements of this section;

2. Submit for evaluation by the Committee, thefollowing for each course, seminar or program offered:

i. A detailed description of course content andestimated hours of instruction; and

40-35 Supp. 2-2 I-06

13:40-15.14 DEPT. OF LAW AND PUBLIC SAFETY

ii. The curriculum vitae of each lecturer, includingspecific backgrotmd which qualities the individual as alecturer of repute in tlle area of instruction;

3. M onitor th.e attendancc at each approved courseseminar or program and fslrnish to each emollee averification of attendance, which shall include at least tlwfollowing information:

i. 'Ihe title date and location of courst, semillar orprogram offering;

ii. The name and license number of attendee;

Bi. 'l'iw numbe;r of homs attznded' and

iv. The name and sir ature of officer or responsiblepare;4. Solicit course seminar or progrnm evaluations from

both tlw participants and the instructors; and

5. Submit a fee pursuant to N.J.A.C. 13:40-15.23 foreach biennial period dtlring which a cotlrsets) seminarts)or programs is offered.

(h) The Committee shall approve only such continuingeducation courses and programs as are available and adver-tised on a reasonable nondiscriminatoly basis to a1l personspracticing home inspecting in the State and are directlyrelated to tile practice of home inspection in tite State of NewJersey.

(i) Tlle Committee may direct or order a licensee tocomplete continuing education units:

1. As part of a disciplhlary or remedial meastlre; or

2. To correct a deficiency ill the licensee's contitmingeducation requirements.

Amended by R.2006 d.80, effective Febnlary 2l, 2006.See: 37 N.J.R.. 3253(a), 32 N.J.R. 12.02(a).Rewrote the section.

13:40-15.16 Standards of practice

(a) A1l home inspectors shall comply with the standards ofpractice contained in this sedion when conducting homeinspections. The scope of home inspection services erfonned?in compliance with the requirement set fortlz in thls sectionshall provide the client witll objective information regardingthe condition of the systems aad components of tlie home asdetermined at the time of the home inspection.

(b) Nothing in this section shall be consmled to require ahome inspector to:

The addrzss of the home to be inspected;

'l'he date and time of tl:e home inspection'

7. A statement that home ins ectors are governed byEthe rules irl the New Jersey Admkustrative Code containedat N.J.A.C. 13:40-15 and that tlze licensee shall complywitil tllese rules and failure to comply with the rules maysubject the licensee to discipline; and

8. A description of ally additional inspection servicets),as dei-med rin N.J.A.C. 13 :40-15.2, for which the client ischarged an additional feets) which are not part of th.e homeinspection but may be performed pttrsuant to thissubchapter.

(b) The pre-inspection agreement shall indicate whetheraay systems or complments art exduded from tlte Uomeinspection at ttle request of the client.

(c) 'I'he pre-irlspection agreement shall indicate whetllerth.e home hzspector will return at a later date to inspect anysystems or components which are not inspected because ofunforeseen circumstances at tlle initial home inspection andwhether any additional fee will be charged for suchsubsequen.t inspectiono aad th.e amount of such fee if any.

(d) A pre-inspection agreement shail be retained for aptriod of ;ve yem's foilowing the completion of the pre-inspection agreement.

Amended by 11.2006 d.80, effective Febnlary 21, 2006.See: 37 N.J.R. 3253($. 38 N.J.R. 1202(a).Deleted Stassociate home inspector'' throughout.

13:40-15.15 Pre-inspection agreements

(a) A home inspector shall send a pre-inspection agree-ment to a client or client's representative by mail, facsimileemail or other mearls of delively no later tllan one businessday after tlle appointment for tlle home inspection is made.The pre-inspection agreement shall be executed prior to tliestart of the home inspection. The pre-inspection agreementshall contain, at a minimum the followhlg information:

1. Ttte price of tile home inspection'

2. A description of tb.e systems and components whichwill be inspected as part of tt'm home inspection as requiredpursuant to N.J.A.C. 13:40-15.16',

3. A description of that which is not required as part oftile home inspection pttrsuant to this subchapter'

4. The full name and address of the client;

Supp. 2-21-06

1. Enter any area or perform ally procedtlre which is inthe opinion of the home inspector, unsafe and likely to bedangerous to tlle inspector or other persons'

2. Enter any area or perform any procedure which willirk tlle opilûon of tlAe llome inspedor, likely damagt G eproperty or its systems or components;

3. Enter any area which does not have at least 24inches of unobstructed vertical clearance an.d at least 30inches of unobstnlcted ilorizontal ciearance'

4. ldentify concealed conditions and latent defects.

5. Detennine life expectancy of any system or com-ponent'

40-36

PROFESSIONAL ENGINEERS, LM m SURW YORS 13:40-15.16

Determine the cause of any condition or deliciency; v. Electrical system comporlents as required by (i). below;7

. Determfne future conditions that may occur includ-ing the failtlre of systems and components including vi. Heating system components as required by (i)consequential damage; below'

8. Determine the operating costs of systems or com- vii. Coolin.g system components as required by (k)ponents' below' '

9. Determine the suitability of the property for any viii. Interior components as requked by (0 below;specialized use.'

. 1. Insulation componenf.s and ventilation system as10. Determine compliance with codes, regulations required by (m) below; and

and/or ordinances-' x. Fireplaces and solid fuel burning appliances as

1 1. Determine market value of the property or its required by (n) below'marketability; 2

. Prepare a home inspection report which shall:12. Determine advisability of ptlrchase of the property; '

13. Determine the presence of any potentially hazardousplants animals or diseases or the presence of any suspectedhazardous substances or adverse conditions suoll as moldftmgus, toxirks, carcinogens, noise, and contaminants irlsoil, water, and air;

14. Determin.e th.e effectiveness of any system installedor method utilized to contol or remove suspeotedhazardous substances;

15. Operate an.y system or component which is shutdown or othem ise inoperable'

16. Operate any system or component which does notrespond to normal operating controls;

l7. Operate shut-offvalves'

1 8. Determlne whether water supply and waste disposalsystems are public or prlvate;

l9. Insert any tool, probe or testing device irlsideelectrical panels;

20. Dismantle any electrical device or control otller t1:a13to remove the covers of main and sub panels;

2 1. W alk on tmtloored sections of attics; and

22. Light pilot flames or ignite or ektinguish tires.(c) Home inspectors shall: (d) Subsection (c) above is not intended to limit home

inspectors from:

i. Disclose those systems and components as setfortll in (c)1 above which were present at the time ofinspection'

ii. Disclose systems and components as set forth in(c)1 above which were present at the time of the homeinspection but were not inspected and the reasonts) theywere not inspected'

iii. Describe the systems and components specifiedin tllese stalldards of practice'

iv. State material defects found irt systems orcomponents;

v. State tl)e sigaiticance of fmdings where anymaterial defects in the systems and components of (c)1above were found' and

vi. Ppvide recommendations where material defectswere fotmd to repair replace or monitor a system orcomponent or to obtaill examination arld analysis by aqualitied professional tradesmano or service technicianwithout ddermining the methods materials or cost ofcorrections; and

3. Retain copies of a1l home inspection reports pre-pared pursuant to (c)2 above, for a period of five yearsupon completion of tlle repcd;

1 . Inspect the following systems and components inresidential buildings and other related residential housingcomponents:

Structural components as required by (e) below;

Exterior components as required by (9 below;iii. Roofmg system components as requked by (g)

below'

iv. Plumbing system components as required by (h)below.

'

1:1 II::'I observations and conditions1. Inspect g or repo gobserved in systems and componentq itl addition to thoserequired i11 (c)l above and inspectin.g systems and com-ponents other t1)m1 those mandated for inspection in (c)labove as long as the inspection and reporting is based onthe licensee's professional opinion prior work experience,education and training mlless these standards of practiceprohibit the home inspector from inspecting such system orcomponent;

2. Centracting witll the client to provide, for an addi-tional fee additional inspection services provided tlle home

40-37 Supp. 2-2 1-06

13:40-15.16 DEPT. O>n LAW AND PUBLIC SAFETY

inspector is educated, trained certised registered orlicensed, ptlrsuant to the provisions of N..T.A.C. 13:40-15.22 arld other applicable statutes and rules' and

3. Excluding systems and components from tb.e inspec-tion if requested in writing by the client.

(e) WbZn conducting tlle inspection of ttle structuralcomponents, the home inspector shall:

2. Describe exterior wall surface type and matedal.

(g) When inspecting tlle roof of a residential building, thehome inspector shall:

vii. Garage doors including automatic door openersatld ' tatrapment protection mechanisms

, excludingremote control devices. and

Inspect:

Fotmdation'

ii. Floors;

iii. Walls;

iv. Ceilings', and

Roof'

Describe:

Fotmdation constnlction type and material'

ii. Floor construction type and material;

iii, W all constnlction type and material'

iv. Ceiiin' g constructioa type and material; and

Roof construction type arid material'

3 . Probe structural components where deterioration issuspected unless such probhtg would damage any fmishedstlrface' and

4. Describe in tlw ltome inspection report tlle methodsttsed to inspect under-floor crawl spaces and attics.

(t) W hen conducting tlle inspection of the exterior com-ponents, a l'mme inspector shall:

l . Inspect'.

i. Exterior surfaces, excluding slmtters, and screen-ing, awnings, and other similar seasonal accessories'

ii. Exterior doors excluding storm doors or safetyglazing;

iii. W indows excluding storm windows and safetyglazing;

iv. Attachcd or adjacent decks, balconies, stoops,steps, porches, and tlleir raililqs;

v. Vegetation, grading, drnlnage, and retainingwalls with respect to their immediate detrimental effecton. the condition of tNe residential building, excludingfences, geological and/or soil conditions, sea wails,break-walls, bulkheads and docks, or erosion control andem-th stabilization',

vi. Attached or adjacent walkways, patios, anddriveways; and

1. lnspect:

i. Roofmg surface, excluding afltennae and otherinstalled accessories such as solar heating systems,lightning arresters, and satellite dishes;

ii. Roof drainage systems;

iii. Flashing;

iv. Sltyliglzts; and

Exterior of chimneys;

2. Describe:

Roof smface;

ii. Roof clrainage systems;

iii. Flashing;

iv. Sltylights; and

chimneys'

3. Enzploy reasonable practicable and safe nletNods toinspect the roof such as!

i. W alking on the roof;

ii. Observation from a ladder at roof level; or

iii. Visual examhation with binoculars 9om groandlevel; and

Describe the methods used to inspect the roof.

(h) When inspecthlg the plumbing system, a homeinspector shall:

lnspect:

i. Interior water supply atld distribution systemsincluding functional water flow and ftmctional drainage,excluding wells, well pumps, well water sampling orwater storage related equi ment, determination of waterltsupply quantity or quallty and water conditioningsystems and lawn irrigation systems;

ii. A11 interior sxtures and faucets, excluding shutoff valves, wells, well pumps, well water sampling andwater storage related equipment'

iii. Drain waste and vent systems;

iv. Domestic water heatklg systems, without operat-ing safety valves or automatic safety controls andexcluding solar water heating systems',

Supp, 2-21-06 40-38

PROFESSIONAL ENGINEERS, LAND SUIW EYORS 13:4:-15.16

v. Combustion vent systems excluding interiors offlues arld chimneys;

vi. Fuel distribution systems; and.

() When inspecting the heating system, a home inspectorshall:

vii. Drainage sumps, sump pttmps and related piping;mzd

Describe:

i. Predominant interior water supply and distribu-tion piping materials;

ii. Predomhlant drain waste and vent piping mate-#rials; artd

iii. W ater lwating equipment including energySOIIK CS.

(i) When inspecting the electrical systemy a home inspec-t0r shall: '

Inspect:

Service entrarme system;

ii. Main disconnects, main panel and sub panels,including interior components of main partel arld subpanels;

iii. ' Service grounding;

iv. W iring, without measuring amperage, voltage orimpedance, excluding any wiring not a part of theprimary electrical power distribution system such ascentral vacullm systems remote control devicestelephone or cable system wiring, kttercom systems,security systems and low voltage wirklg systems;

v. Ovencurrent protection devices an.d thecompatibility of their ampacity w1t11 that of theconnected wiring;

vi. At least one of each i'aterior imtalled ligblirlgfixture, switch, atld receptacle per room ard at least oneexterior installed Iigllting fixture, switch, mld receptacleper side of house; and

vii. Grouad fault oircuit intenupters; and

Describe:

Inspect:

i. Instailed heating equipment and energy sources,without detenniaing heat supply adequacy or distribu-tion balance, and without operating automatic safetycontrols or operating heat pumps when weather con-ditions or other circumstances may cause damage to thepumps, and excluding humidifiers, eleckonic air Gltersand solar heating systems',

ii. Combustion vent systems and chimneys, exclud-ing interiors of flues or chimneys'

iii. Fuel storage taaks, excluding propane andundergrotmd storage tanlts' and

iv. Visible and accessible portions of the heatexchanger, removing tlle flarn.e roll-out shield ifapplicable; and

2. Describe:

Heating equipment ard distribution type; and

ii. Energy somces.

(k) When inspecting tlle cooling system, a home inspectorshall:

hkspect:

i. Central coolirlg system, excluding electronic airfilters and excluding determination of cooling supjlyadequacy or distdbution balance and without o eratmglècenû'al cooling equipment when weather conditlons orother oircumstances may cause damage to the coolingequipment',

ii. Permanently installed hard-wired through-wallitldividual cooling systems; and

iii. Energy sources; and

2. Describe:

Cooling equipment and distribution type; and

ii. Energy sources.

Amperage and voltage rating of tlle servke;

ii. Location of main disconnect, main panels, andsub-palwls'

iii. Type of over-current protection devices;

iv. Predominant type of wiring;

v. Presence of knob and tube branch circuit wizing;and

vi. Presence of solid conductor alumintlm braachcircuit wiring.

(0 When inspecting the interior of a residential building, ahome inspector shall:

1. Jnspect:

i. W alls ceilirlgs, and tloors excluding paint, wall-paper and other fmish 'treatments, carpeting and othernon-permanent floor coverings;

ii. Steps, staitways, aad railings;

iii. lnstalled kitchen wall cabinets to determine ifsecure;

40-39 Supp. 2-21-06


iv. At least one interior passage door aad operate 13:40-15.17 Mandatory tools aRd equipmentone window per room excluding window treatments; and (a) Al1 home inspectors shall, during the performance of a

Household appliances limited to: home inspection, be equipped with the following minimumtools and equipment: '(1) The kitchen range and oven to detennine

ojeration of burners or heating elements excludingmlcrowave ovens and the operation of self-cleaningcycles aad appliance timers and thermostats'

(2) Dishwasher to detennirle water supply anddrainage; and

(3) Garbage disposer.

A ladder, minimum l 1 feet in length;

2. A tlashlight, or another equivalent ligh! sotlrce, witila m-lnimttm 15,000 candlepower illumination'

A flame inspection mirror;

4. An electical outlet tester witlz Ground Fauit CircuitJntenupter (GFCI) test ability;5. Tools necessary to remove common fasteners oa

covers or panels which are required to be removedpursuant to this subchapter.

6. A measuring tape;

(m) When inspecting the insulation components and .venti-lation system of a residential building, the bome inspectorshall:

Inspect:

i. Insulation in lmfmished spaces without disturb-ing itfsulation;

ii. Ventilation of attics and crawlspaces; and

iii. M echanical ventilation systems; and

Describe:

i. hsulation irl lmflnished spaces adjacent to heatedareas' and

ii. Evidence of inadequate atlic and crawlspaceventilation.

(n) 'When inspecting flreplaces and solid fuel burnitlgappliances, a home inspector shall:

lnspect:

i. Fireplaces and solid fuel burning appliances,witimut testing draft characteristics, excluding f'lre Amended by 11..2006 d.80, effective February 2l, 2006.

see: 37 N.J.R. 3253(4, 38 N.J.R. l292(a).screens and doors seals arld g%kets automatic fuel feed u ,,' ' Deleted usociate home inspector throughout.devices, mantles and non-structural f'lreplace surrotmds

combustion make-up air devices, or gravity fed and fan 13:40-15.18 Advertising; identification of Iicensee

assisted heat distribution systems; and(a) The following words and terms, when used in thisii

. Chimneys and combustion vents excludingyysection shall have the following meaaings unless tile contexti

nteriors of flues alld chimneys', and 1 ! jzzicates othenvise:c ear y

Describe:

A probe;

Tilermometers for testing air conditionlg'

9. Binoculars with a magnifkation be> een 8X42 and10X50;

10. A moisttlre meter;

1 1 . Combustible gas leak detection equipment; and

12. A voltage detector.

(b) This seotion is not intended to establish a!l exclusivelist of tools and equipment to be used during the perfonnanceof a home inspectlon. A home inspector may utilize any otllertools or equipment which in tlte licensee's professioaaljudgment believes is necessary to adequately perform a homeinspection.

i. Type of flreplaces antl/or solid ftlel btmlillgapplia1Kes; '

ii. Energy sollrce; and

ttAdvertisement'' or S<advertising'' means an attempt eitherdirectly or indirectly, by publication, dissemination solicita-tion. endorsement or circulation irt print or electronic mediato induce a. person to enter irlto an agreement to accept hotneinspection services.

iii, Visible evidence of dratt characteristics.

Amended by * 2206 d.80, effective February 2l, 2006.See: 37 N.J.R. 325344, 38 N.J.R. l202(a).Deleted ttassooiate home inspector'' throughout.

'T lectronic media'' includes, but is not limited to, radio,tdevision telephone facsimile maclkine com puttr, and theInternet.

Sçprint media'' means newspapers, magrines, periodicalsprofessional jomuals telephone directories circulars hand-bills, fliers or other pubiications, the content of which isdisseminated by means of the printed word.

40-40Supp. 2-21-06

PROFESSIONAL ENGINEERS, Lxtto SURVEYORS 13:40-15.19

t'b) A1l radio atd television advertising by a ilomeinspector shall include the name an.d license number of thehome inspector.

(c) All advertising by a home inspector, other than theadvertising referred to in (b) above, shall include:

1. The name of the home inspector;

2, The words tlllome Inspector License Numbep' or'sllome Inspector Lic. # '' followed by the license numberof the home inspector; and

3. The business address of tlze home inspector,including the street nnme and number. Post office boxnumbers shall not be used mq a form of business address.

(d) A11 advertising records shall be retained for a period offive years from tlze date of the advertisement.

(e) /( honle M pector yvhose narne busbless address orlicerlse number appears or is mentioned i!l any advertisementshall be 'presumed to have caused, permitted or approved theadvertising and shall be personally responsible for its content.

(9 A1l commercial vehicles used by a home inspectorshall be marked on both sides with the following information:

l . The name of tlle home inspector in lettering at leastone illch in heigllt;

2. 'I'he words 'tl-lome Inspector License Number'' orHl-lome Inspector Lic. #,'' followed by tb.e license aumberof the home inspector in lettering at least one incll inheight; and

3. The name of the owner or tlze lessee of ttle vehiclean.d the m unicipality from which tlte licensee practices orwhere the licenste has a principal offke in lettering at leastthree inches in. height.

i. W here available space for lettering ts limitedeitller by design of fhe vehicle or by fhe presence ofother legally specitied identilkation markirlgs, makingstrict compliance witll (t)3 above impractical the sizz ofthe lettering slmll be as close to three inches higk as isossibie within the limited space, provided the?mformation required is clearly visibie an.d readilyidentifiable.

(.g) A11 home inspectors who utilize a non-commercialvehicle dtlring the performance of a ttome inspection shall

display on the dashboard of the vehicle a placard issued bythe Dlvision which contains the name of the inspector, theirlspector's iicense number and the name of the hptneklspection business.

t11) All business correspo' ndence and stationery, such asletterhead business cards pre-ins ection agreementq and, , ? ,home inspection reports, of a. home mspector shall display:

TNe name of the home inspector'

2. The words ttllome Inspector License Number'' orKllbme Inspector Lic. # '' followed by the license numberof the home inspector; and

3. Tlle business address of the home inspector,includirig the street nnme and number, of the homeinspector. Post offke box numbers shall not be used as aform of business address.

Amended by R.2006 d.80, effective Febnzat'y 21, 2006.Set: 37 N.J.R. 3253($, 38 N.J.R. l202(a).Deieted Itassociate home inspector'' throughout.

13:40-15.19 Prohibited practices

(a) It is a prohibited practice for a home inspector to doany of the following:

1. Perform or offer to perform, for an additional fee,any repairs to a stnlcture oa which the licensee or tlzelicensee's company, has prepared a home impection reporq

2. Inspect for a fee any property in which the licensce,or the liqensee's company, has any fmancial interest or anyinterest in the transfer of the property;

3, Ofîer or deliver any conapensauon inducenzent orreward to the owner of tlle inspected property, the brokertlle agent or the client's representative tbr the referral ofany business to tlle licensee or tlle licensee's company;

4. Offer or deliver any compensation inducement orreward to the clienta tlze broker, the agent or tlle client'srepresentative or homeowner on behalf of a person orbusiaess entity;

5. Accept an engaqement to yerform an Zspection oryrepare a home inspeotlon report m which the emplo ment?ltself or the fee payable for the inspection is contmgentupoa the conclusioms of the repolt preestablished f'mdings,or tlle close of title;

6. Provide a copy of the home inspectiolt report ordisclose any information concem ing the results of tlleinspection without the writte!l approval ef the clien.t or theclient's represcntative except when the home inspectordiscovers a health or safety condition that would not bereadily detectable by the occu anl or homeowner and?which poses an imminent risk of mjtuy;

7. Accept comjensation, fmancial or otlzenvise &ommore than one mterested party for tlw same homeirtspection; - '

8. Accept or offer commissions or allowances directlyor indirectly, from other parties dealing with th.e client inconnedion witll work for whicil tlle licensee is responsible;

9. Accept commissions .. from any other trade orprofession for information concerning tlle condition of tl'teproperty which is the subject of tile home inspection;

40-41 Supp. 2-2 1-06


10. Fail to promptly disclose to the client information 13:40-15.20 Suspension, revocatjon nr refusal to renewabout an.y business interest of the licensee which may licenseaffect the client in comlection with the home inspection; (

a) The Committee may, pttrsuant to N.J.S.A. 45:1-21 and1 l . Allow all irlterest the licensee may lmve in any this subchapter, deny. refuse to renew, or tempormily suspead

business to affect the qualit'y of a home irspection; or revoke a license, or issue a civil penalty, upon proof that anapplicant or licensee:12

. Use a home inspection as a means to obtaia work inarmther 5eld. which is not an additional inspection selwiceas def-med by N.J.A.C. 13:40-15.2;

13. Engage ill the use of advertisin which contains aay!statement, claim or format Which ls false fraudulentmisleadhlg or deceptive;

14. Engage ill advertising which promotes a professionalservice which is beyond tb.e licensee's ability or authorityto perform;

l5. Perform or represent that a licensee call perform aprofessional service which is beyond the licensee's abilityor authority to perform;

16. Perform or offer to perform engineering or archi-tectural servicts unless appropdately qualitied pursuant toN.J.S.A. 45:3-1 et seq.. N.J.S.A. 45:8-27 et seq.s atld otherapplicable laws and rules;

17. Fail to inspect the systems alld components requiredby the standards of practice as set forth in N.J.A.C. 13:40-15.16 without the written consent of the client;

1. Has obtained a license or license renewal throughâaud, deception, or misrepresentation'

2. Has engaged in dishonesty, fraud, deception,misrepresentation false promise or false pretense;

Has engaged in gross negligence, gross malpracticeor gross incompetence which damaged or endangered tl'lelife, health welfare, safety or property of an.y person;

4. Has engaged in repeated acts of negligence, mal-practice or incompetence'

5. Has engaged in professional or occupational miscon-duct as outlined ht N.J.A.C. 13:40-15.18 mld 15. 19;

6. Has been convicted otl or engaged in acts con-stituting, ally crime or oFense ilwolving moral ttupitude orrelatinp adversely to the activity regulated by th.e homeinspectlon Committee. For the purpose of this subsectioa ajudgment of conviction or a plea of guilty, non vult nolocontendere or any other such disposition of allegedcliminal activity slmll be deemed a conviction;

1 8. Employ ally person as a home inspector who is notlicensed ms a home inspector;

19. Practke as a home irlspector witbout a license, with asuspended licease or duling inactive status'

20. Perform any act or omission ilwolving dishonesty,fraud, or misrepresentation with the intent to benefit aIicensee or other person or witll the intent to substantiallyinjure another person;2 1. Perform any act or omission hwolving dishonesty,

fraud, or misrepresentation in the pelformaace of a homeinspection or preparation of a home inspection report;

22. Pay a tinder's fee or referral fee to any person illconnection with a home inbpection' or

23. Fail or refuse witllout good catlse to exercisediligence in preparing a home inspection report, deliveringa repolt to the client, or responding to arl inquizy from theclient.

(b) Engaging irl any of tile prohibited practices delineatedin (a) above shall be considered professional or occupationalmisconduct within ttw meaning of N.J.S.A. 45:1-21(:) m'dmay subject the licensee to the disciplinaz'y provisions ofN.J.A.C. 13:40-15.20.

Amended by 11.2006 d.80, effective February 2l, 2006.See: 37 N.J.R. 3253(a), 38 N.J.R. 1202(a).Deleted t'associate home inspector'' throughout; deltted forlner (a)19;

recodified (a)20-24 as (a)19-23.

9. Has permitted art unlictnsed persolt or elltity toperform atl act for which a liccnse or cediticate ofregistration or certification is required by the board, oraided and abetted an tmlicensed person or entity inperforming such an act'

10. Has failed to report any violations of tlw Act and thissubchapter by other licensees to the Comrnittee'

1l. Is incapable, for medical or otller good cause ofdischargiag the functions of a licensee in a mannerconsistent witll the public's health, safety and welfare;

12. Has violated any insurance âaud prevention law oract of anotiler judsdiction or has been adjudicated, in civilor admiaistrative proceedings, of a violation of tlze law asset folth irl tbis secion, or bas been subject to a fmal orderenttred in civil or administrative proceedings, that imposedcivil penalties under that act against the applicant orholder'

13. ls presently engajed in drug or alcollol use that islikely to impair the abllity to practice the profession oroccupation with reasonable skill arld safety. For puposes

7. Has had ttte authority to engage ia home inspectionsrevoked or suspended by ally other stezte agency orauthority for reasons consistent with this section;

8. Has violated or failed to comply with tb.e provisionsof any 1aw or regulation administered by the Committee;

Supp. 2-21-06 40-42

PROFESSIONM Z ENGINEERS, LAND SURVEYORS 13:40-15.23

of this subsection, the term tLpresently'' means at this time 13:40-15.32 Inspection services requiring additionalor any time within the previous 365 days' or experience. education, training, or license

or certitkation14. Advertised fraudulently in any manner.

(b) J.n. addition to tl)e actions listed ilt (a) above, theCommittee m' ay impose additional or alternative penaltiespursuant to N.J.S.A. 45:1-22 and 25 for violations of anyprovision of this subchapter,

(c) The Committee may order a licensed home inspector tocomplete continuing education ttnit.s as a1l or pal't of the civilpenalty imposed for disciplinary meuures.

(d) 'rhe denial refusal to renew or temporary suspensionor revocation of a license and/or tile issuance of a civilpenalty tmder this section, may be ordered by a decision of amajority of the Committee aAer an opporttmity to be heard.

(e) The licensee may apply to the Committee forreinstatement of a revoked license atter tlle revocation hasbeerk in effed for at least oae year. The reirkstatemeat sNall begranted upon an afftrmative vote by a majority of tlleCommittee.

Amended by R.2006 d.8tkeffective Febzuary 21v 2006.Sce: 37 N.J.R. 3253(*, 38 N.J.R. 1202(a).In (c), deleted Hassociate home inspecton''

13:40-15.21 Requirements for licensure as a homeinspector by comity

(a) Any person wittt a valid registration, certification, orlicense issued by another state or possession of the UnitedStates or the District of Columbia may, upon the submissionof art application provided by the Committee and payment ofthe fee in N.J.A.C: 13:40-15.23, be issued a license as a ilomeinspector, provided that:

1. The education, training, and examination require-ments in such otller jurisdiction are substantially equivalentto those required by tl'te Committee at tNe time ofapplication'

2. The prior State licenses relied upon must be current,active, an.d in good standing; and

3. The person secures an.d maintains an ertors andnmissions insurance policy, in the minimum amount of$500 000 per occurrence.

Amended by 11.2006 d.s0, effective February 21, 2006.See: 37 N.J.R. 3253($, 38 N.J.R. l202(a).Deleted Gor associate home inspector'' from section heading; in

intrcductoty paragraph (a), deteted %%or associate home inspectorwbicltever applies to the applioant's expeîience at the time ofapplication.''

Amended by R.2006 d.stkeffective Februazy 2l, 2006.See: 37 N.

.J.R. 3253(a.), 38 N.J.R. 1202(a).In irktroductory paragraph (a), deleted ttor Iicensed associate llome

inspector.''

13:40-15.23 Fee szhedule

(a) The Conunittee shall charge the following fees:

Application fee:i. Home inspector .............................,.... $125.00

Initial license fee:i. Home inspector .................................. 500.00ii. Issued clllring the second year of a

biennial renewal period................ ... 250.00Renewal license fee

i. Ilome irïs ë) ector ............................. ... 5 () (1.() 0ii. hactive stams .............. (to 1) e establishe c: t)y

rllle i))/ tikvh 1) ire cto r)1. ztte renewal fe e ............................................ 5 ().(1 0ltelstatement fee .......................................... 1 ;! 5 .() C

(a) A licensed home inspector may perfonn the followingaddittorkal insptctiol servicts if the licensee llas tlw txptri-ence, education training license or certification indicated:> >

'

1. Wells, well pumps, wetl water sampling or wattrstorage related equipment: experience, education trainirtg;

2. Private waste disposal systems including oa-siteindividual wastt disposal systems septic systems arld/orcesspools: license from Board of R'ofessional Engineers orregistered as an environmental health specialist'

3. Installed or free-standing warning devices including,carbon monoxide ddectors flue gas atld other spillagedetectors: experienct, education training;

4. Fire alarm systems, smoke detection systems, b'ur-glar alarm and security equipment: license from the FireAlarm, Btlrglar Alann an.d Locksmith Committee;

5. Presence of rodents, pests ancl/or hlsects of any kind:experience education trnining;

6. Presence of asbestos'. license from EnvironmentalProtection Agency;

7. Presence of lead paint: license from the Departmentof Health an.d Senior Services;

s. Presence of radon: license from tlle Depnrtm ent ofBnvironmental Protection',

9. Presence of hazardous waste: experience educationtraining' or

10. Inspections requiriag specialized trainin.g or certiti-vation by a board, c'ommittee, commission or other agenoyof the State.

40-43 Supp. 2-21-06


home inspections for compensation prior to December 30,2005; or

2. Had performed at least 400 home inspections forcompensation prior to December 30 2005.

(b) Upon application submitted by April 26, 2006, theCommittee shall issue a home inspector license to any personwho:

l . Has submitted a!l application for an associate hom einspector license that has been approved by the Committeebefore December 30 2005. or

2. Has satislied the requirements of N.J.S.A. 45:8-69and N.J.A.C. 13:40-15.5 an.tl has completed not less than40 holzrs of tmpaid field-based inspections in the presenceof and under tlle direct supenrision of a licensed homeinspector before December 30, 2005.

New Ru ,1e by R.2006 d.8 ,0 effedive Febzuary 2l, 2006.See: 37 N.J.R. 325344, 38 N.J.R. 1202(a).

Amended by R.2006 d.8oqeffective February 21, 2006.Se:: 37 N.J R. 32534a) 38 N.J.R. 1202(a).Deleted 21 rees yerlaining to Associate home inspector; recodiludrormer (apiii as (a)3g.

13:40-15.2,4 Issuance of home inspector license based onassociate home inspector Iicense arexperience

(a) By April 26, 2006, persons holding an associate homeinspector's license before April 26 2006 may apply for> >lkensure as a home inspector by completing and submitlingto tlle Committee an applicatioa showing that the associatehome inspector:

1. Had been engaged in the practice of homeinspections for çompensation for at least three years priorto December 30, 2005 and had perfonned at least 300

Supp. 2-2 1-06 40-44

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