1Regulating home inspectors; providing for funds, for licensure,
2for disciplinary action, for remedies and for penalties; and
3making a related repeal.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6TABLE OF CONTENTS

7Chapter 1. Preliminary Provisions

8Section 101. Short title.

9Section 102. Declaration of policy.

10Section 103. Definitions.

11Chapter 3. Bureau of Occupational and Industrial Safety

12Section 301. Powers and duties of bureau.

13Chapter 5. Licensure

14Section 501. Requirements for licensure.

15Section 502. License Status and continuing education.

16Section 503. Examinations.

1Section 504. Reciprocity.

2Section 505. Registration or licensing of home inspectors by
3political subdivisions.

4Section 506. Professional liability insurance.

5Section 507. Refusal, suspension and revocation of licenses.

6Section 508. Reinstatement of license.

7Section 509. License renewal, records and fees.

8Chapter 7. Administration and Enforcement

9Section 701. Unlawful practice.

10Section 702. Violation of act.

11Section 703. Degree of care of home inspectors.

12Section 704. Consumer remedies.

13Section 705. Home inspection reports.

14Chapter 21. Miscellaneous Provisions

15Section 2101. Relationship to other laws.

16Section 2102. Regulations.

17Section 2103. Repeal.

18Section 2105. Effective date.

19CHAPTER 1.

20PRELIMINARY PROVISIONS

21Section 101. Short title.

22This act shall be known and may be cited as the Home
23Inspector Licensing Act.

24Section 102. Declaration of policy.

25The General Assembly finds and declares as follows:

26(1) The inspection of homes may cause safety issues if
27the practice is not subject to responsible regulation.

28(2) Reasonable regulation is in the furtherance of
29public health, safety and welfare interests.

30(3) Regulation is necessary to set educational standards

1within the profession and to protect the public from
2unqualified home inspectors and unscrupulous individuals.

3(4) Consumer protection with respect to both health and
4economic matters will be afforded the public through the
5regulation and associated legal remedies provided for in this
6act.

7Section 103. Definitions.

8The following words and phrases when used in this act shall
9have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Account." The Professional Licensure Augmentation Account.

12"Applicant." An individual who applies for a license as a
13home inspector.

14"Bureau." The Bureau of Occupational and Industrial Safety
15in the Department of Labor and Industry.

16"Client." An individual or agent who contracts with a
17licensee to obtain a home inspection and subsequent typewritten
18home inspection report.

19"Department." The Department of Labor and Industry of the
20Commonwealth.

21"Home inspection." A noninvasive visual examination of some
22combination of the mechanical, electrical or plumbing systems or
23the structural and essential components of a residential
24dwelling designed to identify material defects in those systems
25and components and performed for a fee in connection with or
26preparation for a proposed or possible residential real estate
27transfer.

28(1) The term includes a consultation regarding the
29property that is represented to be a home inspection or that
30is described by a confusingly similar term.

1(2) The term does not include any of the following:

2(i) An examination of a single system or component
3of a residential dwelling such as, for example, its
4electrical or plumbing system or its roof.

5(ii) An examination that is limited to inspection
6for or of one or more of the following:

7(A) Wood destroying insects.

8(B) Underground tanks and wells.

9(C) Septic systems.

10(D) Swimming pools and spas.

11(E) Alarm systems.

12(F) Air and water quality.

13(G) Tennis courts and playground equipment.

14(H) Pollutants, toxic chemicals and
15environmental hazards.

16"Home inspection report." A typewritten report on the
17results of a home inspection.

18"Home inspector." An individual licensed by the Bureau of
19Occupational and Industrial Safety to perform home inspections.

20"National home inspectors association." A national
21association of home inspectors that:

22(1) Is operated on a not-for-profit basis and is not
23operated as a franchise.

24(2) Has members in more than ten states.

25(3) Requires that a person may not become a full member
26unless the person has performed or participated in more than
27100 home inspections and has passed a recognized or
28accredited examination testing knowledge of the proper
29procedures for conducting a home inspection.

30(4) Requires that its members comply with a code of

1conduct and attend continuing professional education classes
2as an ongoing condition of membership.

3"License." A license to practice home inspection under this
4act.

5"Licensee." An individual who holds a license to practice
6home inspection.

7CHAPTER 3

8Bureau of Occupational and Industrial Safety

9Section 301. Powers and duties of bureau.

10The bureau has the following powers and duties:

11(1) To pass upon the qualifications and fitness of
12applicants for licenses and reciprocal licenses and to
13promulgate regulations requiring applicants to pass
14examinations relating to qualifications as a prerequisite to
15the issuance of a license.

16(2) To promulgate regulations consistent with this act.

17(3) To examine, deny, approve, issue, revoke, suspend or
18renew licenses of home inspectors under this act and to
19conduct hearings in connection with those powers and duties.

20(4) To conduct hearings upon complaints concerning
21violations of this act and the regulations promulgated under
22this act and to seek the prosecution and enjoinder of
23violations.

24(5) To promulgate regulations establishing requirements
25for continuing education under this act.

26(6) To expend money necessary to the proper carrying out
27of its assigned duties.

28(7) To submit annually a report to the Consumer
29Protection and Professional Licensure Committee of the Senate
30and the Professional Licensure Committee of the House of

1Representatives containing a description of the types of
2complaints received, status of the cases, bureau action which
3has been taken and the length of time from the initial
4complaint to final bureau resolution.

5(8) To submit annually to the Appropriations Committee
6of the Senate and the Appropriations Committee of the House
7of Representatives, within 15 days after the Governor has
8submitted a budget to the General Assembly, a copy of the
9budget request for the upcoming fiscal year which the bureau
10previously submitted to the department.

11(9) To establish and maintain a current list of home
12inspectors who are registered or licensed. The list shall be
13available for public inspection, including by electronic
14means.

15(10) To establish fees as set forth in this act. All
16fees or other moneys collected by the bureau under this act
17shall be used for the sole purpose of administration and
18regulation of licensing under this act.

19CHAPTER 5

20LICENSURE

21Section 501. Requirements for licensure.

22(a) Applicants.--An applicant shall be considered to be
23qualified for a license if the applicant submits proof
24satisfactory to the bureau of all of the following:

25(1) The applicant is of good moral character.

26(2) The applicant is at least 18 years of age.

27(3) The applicant has a high school diploma or its
28equivalent.

29(4) The applicant has completed a bureau-approved
30training program or course of study involving the performance

1of home inspections which shall be no less than 120 hours of
2instruction and includes not less than 40 hours of actual in-
3field training.

4(5) The applicant has passed a bureau-approved
5examination.

6(6) The application is accompanied by the application
7fee as established by the bureau by regulation.

8(7) The applicant is not addicted to the habitual use of
9alcohol, narcotics or other habit-forming drugs.

10(8) The following apply:

11(i) The applicant has not been convicted of a felony
12under the act of April 14, 1972 (P.L.233, No.64), known
13as The Controlled Substance, Drug, Device and Cosmetic
14Act, or of an offense under the laws of another
15jurisdiction which if committed in this Commonwealth
16would be a felony under The Controlled Substance, Drug,
17Device and Cosmetic Act, unless the following apply:

18(A) At least ten years have elapsed from the
19date of conviction.

20(B) The applicant satisfactorily demonstrates to
21the bureau that the applicant has made significant
22progress in personal rehabilitation since the
23conviction and that licensure of the applicant should
24not be expected to create a substantial risk of harm
25to the public or a substantial risk of further
26criminal violations.

27(C) The applicant otherwise satisfies the
28qualifications required under this act.

29(ii) As used in this paragraph, the term convicted
30includes a judgment, admission of guilt or a plea of nolo

1contendere, or receiving probation without verdict,
2disposition in lieu of trial or an accelerated
3rehabilitative disposition of the disposition of felony
4charges.

5(b) Existing practitioners.--The bureau shall issue a
6license to an applicant who applies within two years of the
7effective date of this subsection, complies with all of the
8following:

9(1) Is an active professional home inspector.

10(2) Meets the qualifications described in subsection (a)
11(1), (2), (3), (6), and (7).

12(3) Complies with one of the following:

13(i) The applicant submits proof satisfactory to the
14bureau that the applicant has:

15(A) been in active, continuous practice for at
16least five years immediately preceding the effective
17date of this section; or

18(B) completed 120 hours of instruction in home
19inspection and related subjects.

20(c) Temporary practice permit.--

21(1) The bureau may issue a temporary practice permit to
22an applicant in order to permit the applicant to practice
23home inspections during the six-month period after completion
24of the applicant's education program.

25(2) The temporary practice permit issued under paragraph
26(1) shall be nonrenewable and shall expire on the earlier of:

27(i) six months from the date of issuance; or

28(ii) the date the applicant fails the licensing
29examination.

30(d) Transferability.--A license and a temporary practice

1permit are not transferable.

2Section 502. License status and continuing education.

3(a) Duration of license.--A license shall be issued on a
4biennial basis. The biennial expiration date shall be
5established by regulation of the bureau. Application for renewal
6of a license shall biennially be forwarded to an individual
7holding a current license prior to the expiration date of the
8current renewal biennium.

9(b) Procedure.--To renew a license, a licensee must do all
10of the following:

11(1) File a renewal application with the bureau. The
12licensee must successfully complete 16 hours of continuing
13education in the field of home inspection during the
14immediately preceding two years as approved by the bureau.

15(2) Pay a fee established by regulation of the bureau.

16(c) Information change notification.--A licensee shall
17notify the bureau within 30 days of:

18(1) a change of name;

19(2) a change of name under which the licensee conducts
20business;

21(3) a change of business address;

22(4) a lapse, change or cancellation of insurance
23coverage; or

24(5) a misdemeanor or felony violation.

25(d) Inactive status.--A licensee may request an application
26for inactive status. The application form must be completed and
27returned to the bureau. Upon receipt of an application, the
28individual shall be maintained on inactive status without fee
29and shall be entitled to apply for a licensure renewal at any
30time. An individual who requests the bureau to activate his

1license and who has been on inactive status for five consecutive
2years must, prior to receiving an active license, satisfy the
3bureau's regulations for ensuring continued education and
4present evidence of being a member in good standing of a bureau-
5approved national home inspection association and remitting the
6required fee. The bureau shall promulgate regulations to
7implement this subsection.

8(e) Reporting of multiple licensure.--A licensee who is also
9licensed to practice home inspection in another jurisdiction
10shall report this information to the bureau on the biennial
11registration application. Disciplinary action taken in another
12jurisdictions shall be reported to the bureau on the biennial
13registration application or within 90 days of final disposition,
14whichever is sooner. The bureau shall note multiple licensures
15on the licensee's record, and the bureau shall notify other
16licensing jurisdictions of disciplinary actions taken against
17the licensee in this Commonwealth.

18Section 503. Examinations.

19The bureau shall contract with a professional testing
20organization for the examination of qualified applicants for
21licensure. All written, oral and practical examinations shall be
22prepared and administered by a qualified and approved
23professional testing organization in the manner prescribed for
24written examinations by section 812.1 of the act of April 9,
251929 (P.L.177, No.175), known as The Administrative Code of
261929.

27Section 504. Reciprocity.

28The bureau may grant a reciprocal license to an applicant who
29is licensed or certified as a home inspector or similar practice
30in another state and has demonstrated qualifications which equal

1or exceed those required under this act in the determination of
2the bureau. The bureau shall not grant a license under this
3section to an applicant unless the state in which the applicant
4is licensed affords reciprocal treatment to individuals who are
5residents of this Commonwealth and who are licensed under this
6act. The applicant must also submit a notarized statement that
7the applicant has studied, is familiar with and will abide by
8this act and regulations promulgated by the bureau.

9Section 505. Registration or licensing of home inspectors by
10political subdivisions.

11No agency or political subdivision of this Commonwealth,
12other than the bureau, shall impose the following on individuals
13licensed under this chapter:

14(1) A registration or licensing requirement for
15conducting home inspections.

16(2) A license fee to obtain a local license, except that
17this prohibition shall not prevent a local government from
18imposing an occupational license tax on a person operating as
19a home inspector within the jurisdiction of the local
20government.

21Section 506. Professional liability insurance.

22(a) Requirement.--A licensed home inspector shall maintain
23insurance against errors and omissions in the performance of a
24home inspection and general liability, with coverages of not
25less than $100,000 per occurrence and $500,000 in the aggregate
26and with deductibles of not more than $2,500.

27(b) Proof.--An applicant must provide proof that the
28applicant has obtained professional liability insurance under
29subsection (a). It is sufficient if the applicant files with the
30application a copy of a letter from the applicant's professional

1liability insurance carrier indicating that the applicant will
2be covered against professional liability in the required
3amounts effective upon the issuance of the applicant's license
4to practice home inspection in this Commonwealth. Upon issuance
5of the license, the licensee must, within 30 days, submit to the
6bureau the certificate of insurance or a copy of the policy
7declaration page.

8Section 507. Refusal, suspension and revocation of licenses.

9(a) General rule.--The bureau may refuse, suspend, or revoke
10a license in a case where the bureau finds:

11(1) The licensee is negligent or incompetent in
12performing home inspections.

13(2) The licensee is unable to perform home inspections
14with reasonable skill and safety by reason of mental or
15physical illness or condition or physiological or
16psychological dependence upon alcohol, hallucinogenic or
17narcotic drugs or other drugs which tend to impair judgment
18or coordination, so long as the dependence continues. In
19enforcing this paragraph, the bureau shall, upon probable
20cause, have authority to compel a licensee to submit to a
21mental or physical examination as designated by the bureau.
22After notice and hearing, adjudication and appeal, failure of
23a licensee to submit to an examination when directed shall
24constitute an admission of the allegations unless failure is
25due to circumstances beyond the licensee's control,
26consequent upon which a default and final order may be
27entered without the taking of testimony or presentation of
28evidence. A licensee affected under this paragraph shall at
29reasonable intervals be afforded the opportunity to
30demonstrate that the licensee can resume competent, safe and

1skillful performance of home inspections.

2(3) The licensee has willfully or repeatedly violated
3this act or a regulation of the bureau.

4(4) The licensee has committed fraud or deceit in:

5(i) performing home inspections; or

6(ii) securing licensure.

7(5) The licensee has been convicted of a felony or a
8crime of moral turpitude, or received probation without
9verdict, disposition in lieu of trial or an Accelerated
10Rehabilitative Disposition in the disposition of felony
11charges in the courts of this Commonwealth or another
12jurisdiction.

13(6) The licensee has had the licensee's license
14suspended or revoked or has received other disciplinary
15action by the proper licensing authority in another
16jurisdiction.

17(7) With respect to the performance of home inspections,
18the licensee has acted in a manner to present an immediate
19and clear danger to health, safety or property.

20(8) The licensee possessed, used, acquired or
21distributed a controlled substance.

22(9) The licensee has been found guilty of unprofessional
23conduct. Unprofessional conduct includes departure from or
24failing to conform to operating practices or professional
25standards embraced by the home inspection profession,
26including those recognized by a national home inspector
27association. In proceedings based on this paragraph, actual
28injury to a person or damage to property need not be
29established.

30(10) The licensee falsely advertised or made misleading,

1deceptive, untrue or fraudulent material representations
2regarding licensure, certification or performance of a home
3inspection.

4(b) Bureau action.--If the bureau finds that the license or
5application for license may be refused, revoked, restricted or
6suspended under the terms of subsection (a), the bureau may do
7any of the following:

8(1) Deny the application for license.

9(2) Administer a public reprimand.

10(3) Revoke, suspend, limit or otherwise restrict a
11license.

12(4) Require a licensee to submit to the care, counseling
13or treatment of a physician designated by the bureau.

14(5) Suspend enforcement of its findings and place a
15licensee on probation with the right to vacate the
16probationary order for noncompliance.

17(6) Restore a suspended license and impose a
18disciplinary or corrective measure which it might originally
19have imposed.

20(c) Administrative agency law.--Actions of the bureau under
21subsections (a) and (b) are subject to 2 Pa.C.S. Ch. 5 Subch. A
22(relating to practice and procedure of Commonwealth agencies)
23and Ch. 7 Subch. A (relating to judicial review of Commonwealth
24agency action).

25(d) Temporary suspension.--The bureau shall temporarily
26suspend a license under circumstances as determined by the
27bureau to be an immediate and clear danger to the public health
28and safety. The bureau shall issue an order to that effect
29without a hearing, but upon notice to the licensee concerned at
30the licensee's last known address, which must include a written

1statement of all allegations against the licensee. Subsection
2(c) shall not apply to temporary suspension. Upon issuance of an
3order under this subsection, the bureau shall commence formal
4action to suspend, revoke or restrict the license as otherwise
5provided for in this act. Within 30 days following the issuance
6of an order temporarily suspending a license, the bureau shall
7conduct a preliminary hearing to determine that there is a prima
8facie case supporting the suspension. The licensee whose license
9has been temporarily suspended may be present at the preliminary
10hearing and may be represented by counsel, cross-examine
11witnesses, inspect physical evidence, call witnesses, offer
12evidence and testimony and make a record of the proceedings. If
13the bureau determines that there is not a prima facie case, the
14bureau shall immediately restore the suspended license. The
15temporary suspension shall remain in effect until vacated by the
16bureau, but in no event longer than 180 days.

17(e) Automatic suspension.--

18(1) A license shall automatically be suspended upon the
19legal commitment of a licensee to an institution because of
20mental incompetence from any cause upon filing with the
21bureau a certified copy of the commitment.

22(2) A license shall automatically be suspended upon
23conviction of a felony under the act of April 14, 1972
24(P.L.233, No.64), known as The Controlled Substance, Drug,
25Device and Cosmetic Act, or conviction of an offense under
26the laws of another jurisdiction which, if committed in this
27Commonwealth, would be a felony under The Controlled
28Substance, Drug, Device and Cosmetic Act. As used in this
29paragraph, the term conviction includes a judgment, an
30admission of guilt or a plea of nolo contendere.

1(3) Automatic suspension under this section shall not be
2stayed pending an appeal.

3(4) Reinstatement of a license shall be made under
4section 508.

5(5) Subsection (c) shall not apply to automatic
6suspension.

7Section 508. Reinstatement of license.

8Unless ordered to do so by a court of competent jurisdiction,
9the bureau shall not reinstate the license of an individual
10which has been revoked. An individual whose license has been
11revoked may reapply for a license after a period of at least
12five years but must meet the licensing requirements of this act.

13Section 509. License renewal, records and fees.

14(a) Records.--The bureau shall keep a record of licensees in
15its office. The record shall be open to public inspection and
16copying upon payment of a reasonable fee for copying the record.

17(b) Fees.--If the revenue from fees, fines and civil
18penalties imposed under this act is not sufficient to meet
19expenditures over a two-year period, the bureau shall increase
20fees by regulation so that the projected revenue will meet or
21exceed projected expenditures.

22(c) Increases in fees.--If the bureau determines that the
23fees established under subsection (b) are inadequate to meet the
24minimum enforcement efforts required by this act, the bureau
25shall increase the fees by regulation in an amount so that
26adequate revenue is raised to meet the required enforcement
27effort.

28CHAPTER 7

29ADMINISTRATION AND ENFORCEMENT

30Section 701. Unlawful practice.

1(a) General rule.--An individual may not practice home
2inspection or hold himself out as a home inspector unless
3licensed by the bureau.

4(b) Title.--An individual who holds a license or is
5maintained on inactive status may use the title Licensed Home
6Inspector and the abbreviation L.H.I. No other individual may
7use the title Licensed Home Inspector or the title Home
8Inspector or hold himself out to others as a home inspector.
9This subsection includes advertising as a home inspector and
10adopting or using a title or description, or a derivative
11thereof and their related abbreviations, which implies directly
12or indirectly that home inspection services are being provided.

13(c) Employment.--An individual, corporation, partnership,
14firm or other entity may not employ an individual in home
15inspection unless the individual is licensed by the bureau.

16(d) Terminology.--A business entity may not utilize in
17connection with a business name or activity the words home
18inspector, home inspection or a derivative of those terms and
19their related abbreviations, which implies directly or
20indirectly that home inspection services are being provided,
21unless the services of the business are provided by licensees.

22(e) Injunction.--Unlawful practice may be enjoined by the
23courts upon petition of the bureau. In a proceeding under this
24section, it shall not be necessary to show that an individual
25has been injured. If the court finds that the respondent has
26violated this section, it shall enjoin the respondent from
27practicing until the respondent has been licensed.

28(f) Remedy cumulative.--The injunctive remedy provided in
29this section shall be in addition to any other civil or criminal
30prosecution and punishment.

1Section 702. Violation of act.

2(a) Criminal.--A person that violates this act or a
3regulation of the bureau commits a misdemeanor of the third
4degree and shall, upon conviction, be sentenced to pay a fine of
5not more than $1,000 or to imprisonment for not more than six
6months for the first violation and to pay a fine of not more
7than $2,000 or to imprisonment for not less than six months nor
8more than one year, or both, for each subsequent violation.

9(b) Administrative.--In addition to a criminal penalty under
10subsection (a), the bureau, by a vote of the majority of the
11maximum number of the authorized membership of the bureau or by
12a vote of the majority of the qualified and confirmed membership
13or a minimum of five members, whichever is greater, may levy an
14administrative penalty of up to $1,000 for any of the following:

15(1) A home inspector who violates a provision of this
16act.

17(2) A person that employs a home inspector in violation
18of this act.

19(3) An individual who holds himself out as a licensee
20without being properly licensed as provided in this act.

21(4) The responsible officer or employee of a
22corporation, partnership, firm or other entity that violates
23a provision of this act.

24(c) Administrative agency law.--Action of the bureau under
25subsection (b) is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating
26to practice and procedure of Commonwealth agencies) and Ch. 7
27Subch. A (relating to judicial review of Commonwealth agency
28action).

29Section 703. Degree of care of home inspectors.

30(a) General rule.--The home inspector shall conduct a home

1inspection with the degree of care that a reasonably prudent
2home inspector would exercise.

3(b) Standard.--In ascertaining the degree of care that would
4be exercised by a reasonably prudent home inspector, the court
5shall consider the standards of practice and codes of ethics of
6national home inspector associations.

7Section 704. Consumer remedies.

8(a) General rule.--The performance of a home inspection is a
9service subject to the act of December 17, 1968 (P.L.1224,
10No.387), known as the Unfair Trade Practices and Consumer
11Protection Law.

12(b) Prohibited acts.--Any of the following acts engaged in
13by a home inspector, an employer of a home inspector or another
14business or person that controls or has a financial interest in
15the employer of a home inspector shall be deemed to be an unfair
16or deceptive act or practice as defined by section 2(4) of the
17Unfair Trade Practices and Consumer Protection Law:

18(1) Performing or offering to perform for an additional
19fee any repairs to a structure with respect to which the home
20inspector, the employer of the home inspector or other
21business or person has prepared a home inspection report
22within the preceding 12 months, except that this paragraph
23shall not apply to remediation for radon or wood-destroying
24insects.

25(2) Inspecting for a fee any property in which the home
26inspector, the employer of the home inspector or other
27business or person has a financial interest or an interest in
28the transfer of the property, including receipt of a
29commission as an agent, unless the financial interest or
30interest in the transfer of the property is disclosed in

1writing to the buyer before the home inspection is performed
2and the buyer signs an acknowledgment of receipt of the
3disclosure.

4(3) Offering or delivering a commission, referral fee or
5kickback to the seller of the inspected property or to an
6agent for the seller or buyer for the referral of business to
7the home inspector, the employer of the home inspector or
8other business or person.

9(4) Accepting an engagement to perform a home inspection
10or to prepare a home inspection report in which the
11employment itself or the fee payable for the inspection is
12contingent upon the conclusions in the report, preestablished
13or prescribed findings or the closing of the transaction.

14(c) Exception.--A home warranty company that is affiliated
15with or retains the home inspector does not violate subsection
16(b) if the home warranty company performs repairs pursuant to
17claims made under a home warranty contract.

18(d) Remedies.--In addition to other remedies available under
19the Unfair Trade Practices and Consumer Protection Law or other
20applicable provision of law, the owner of a property on which
21repairs are performed in violation of subsection (b)(1) shall be
22entitled to a full refund of money paid for those repairs, and a
23promissory note or another obligation to pay given to the person
24performing those repairs shall be void.

25Section 705. Home inspection reports.

26(a) Required contents.--A home inspection report must be in
27writing and include all of the following:

28(1) A description of the scope of the inspection,
29including identification of the structural elements, systems
30and subsystems covered by the report.

1(2) Any structural defect or environmental hazard
2discovered by the home inspector during the home inspection.

3(3) A description of material defects noted during the
4inspection, along with a recommendation that certain experts
5be retained to determine the extent of the defects and the
6corrective action that should be taken. A "material defect"
7as defined in 68 Pa.C.S. § 7102 (relating to definitions)
8that poses an unreasonable risk to people on the property
9shall be conspicuously identified as such.

10(4) The following statements, set forth conspicuously:

11A home inspection is intended to assist in evaluation of
12the overall condition of the dwelling. The inspection is
13based on observation of the visible and apparent condition of
14the structure and its components on the date of inspection.

15The results of this home inspection are not intended to
16make any representation regarding the presence or absence of
17latent or concealed defects that are not reasonably
18ascertainable in a competently performed home inspection. No
19warranty or guaranty is expressed or implied.

20This home inspection report is not to be construed as an
21appraisal and may not be used as such for any purpose.

22(b) Confidentiality.--Except as otherwise required by law, a
23home inspector may not deliver a home inspection report to a
24person other than the client of the home inspector without the
25client's consent. The seller shall have the right, upon request,
26to receive without charge a copy of a home inspection report
27from the person for whom it was prepared.

28(c) Repair estimates prohibited.--

29(1) Except as set forth in paragraph (2), a home
30inspector may not express either orally or in writing an

1estimate of the cost to repair a defect found during a home
2inspection.

3(2) A home inspector may include an estimate in a home
4inspection report if:

5(i) the report identifies the source of the
6estimate;

7(ii) the estimate is stated as a range of costs; and

8(iii) the report states that the parties should
9consider obtaining an estimate from a contractor who
10performs the type of repair involved.

11CHAPTER 21

12MISCELLANEOUS PROVISIONS

13Section 2101. Relationship to other laws.

14(a) General rule.--Nothing in this act shall be construed to
15allow a home inspector who is not registered or licensed under
16one or more of the following laws to perform any activity that
17would constitute the practice of the profession regulated by
18that law:

19(1) The act of May 23, 1945 (P.L.913, No.367), known as
20the Engineer, Land Surveyor and Geologist Registration Law.

21(2) The act of January 24, 1966 (1965 P.L.1535, No.537),
22known as the Pennsylvania Sewage Facilities Act.

23(3) The act of March 1, 1974 (P.L.90, No.24), known as
24the Pennsylvania Pesticide Control Act of 1973.

25(4) The act of December 14, 1982 (P.L.1227, No.281),
26known as the Architects Licensure Law.

27(5) The act of July 9, 1987 (P.L.238, No.43), known as
28the Radon Certification Act.

29(b) Exclusions.--This act shall not:

30(1) Apply to a person registered or licensed under an

1act referred to in subsection (a) when acting under his
2registration or license.

3(2) Apply to an officer or employee of a municipality or
4local authority when acting in his official capacity.

5(3) Affect the obligations or immunities of a person
6licensed under the act of February 19, 1980 (P.L.15, No.9),
7known as the Real Estate Licensing and Registration Act, that
8are imposed or provided under that act or 68 Pa.C.S. Ch. 73
9(relating to seller disclosures) when the person is acting
10pursuant to his license.

11(4) Affect the obligations or immunities of a person
12certified under the act of July 10, 1990 (P.L.404, No.98),
13known as the Real Estate Appraisers Certification Act, when
14the person is acting under the person's license.

15Section 2102. Regulations.

16The bureau shall promulgate regulations to carry out this act
17within 18 months of the effective date of this section. The
18bureau shall report, within 60 days of the effective date of
19this section and every 30 days thereafter, on the status of the
20regulations to the Consumer Protection and Professional
21Licensure Committee of the Senate and the Professional Licensure
22Committee of the House of Representatives.

23Section 2103. Repeal.

24Repeals are as follows:

25(1) The General Assembly declares that the repeal under
26paragraph (2) is necessary to effectuate this act.

27(2) The provisions of 68 Pa.C.S. Ch. 75 are repealed.

28Section 2104. Effective date.

29This act shall take effect as follows:

30(1) The following provisions shall take effect

1immediately:

2(i) Section 301.

3(ii) Section 2102.

4(iii) This section.

5(2) The following provisions shall take effect in two
6years:

7(i) Chapter 5.

8(ii) Except as set forth in paragraph (3), Chapter
97.

10(3) Section 701(a) shall take effect 90 days after the
11effective date of the initial regulations promulgated under
12section 2102.

13(4) The remainder of this act shall take effect in 60
14days.