Regular Session 2015-2016 House Bill 1421 P.N. 1978

PRINTER'S NO. 1978

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1421

Session of

2015

INTRODUCED BY HELM, KORTZ, DAVIS, KNOWLES, QUINN, READSHAW,

ROZZI, MILLARD, MUSTIO, MURT, THOMAS, R. BROWN, D. COSTA,

SAYLOR, JOZWIAK, MILNE, BRIGGS, McNEILL, PEIFER, BIZZARRO,

DEASY, SANTARSIERO, SCHREIBER, MACKENZIE, BARBIN, HARHAI,

DRISCOLL, RAVENSTAHL, D. MILLER, TOEPEL, MATZIE, MAHONEY,

KOTIK, PASHINSKI, GERGELY, GOODMAN, FARINA, BURNS, KIM,

GALLOWAY, DONATUCCI, YOUNGBLOOD, STURLA, SNYDER, CORBIN,

EVERETT, NEUMAN, GIBBONS, C. PARKER, BOBACK AND SANTORA,

JUNE 28, 2015

REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 28, 2015

AN ACT

Regulating home inspectors; providing for funds, for licensure,

for disciplinary action, for remedies and for penalties; and

repealing provisions relating to home inspections.

TABLE OF CONTENTS

Chapter 1. Preliminary Provisions

Section 101. Short title.

Section 102. Declaration of policy.

Section 103. Definitions.

Chapter 3. Bureau of Occupational and Industrial Safety

Section 301. Powers and duties of bureau.

Chapter 5. Licensure

Section 501. Requirements for licensure.

Section 502. License Status and continuing education.

Section 503. Examinations.

Section 504. Reciprocity.

Section 505. Registration or licensing of home inspectors by

political subdivisions.

Section 506. Professional liability insurance.

Section 507. Refusal, suspension and revocation of licenses.

Section 508. Reinstatement of license.

Section 509. License renewal, records and fees.

Chapter 7. Administration and Enforcement

Section 701. Unlawful practice.

Section 702. Violation of act.

Section 703. Degree of care of home inspectors.

Section 704. Consumer remedies.

Section 705. Home inspection reports.

Chapter 21. Miscellaneous Provisions

Section 2101. Relationship to other laws.

Section 2102. Regulations.

Section 2103. Repeal.

Section 2104. Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101. Short title.

This act shall be known and may be cited as the Home

Inspector Licensing Act.

Section 102. Declaration of policy.

The General Assembly finds and declares as follows:

(1) The inspection of homes may cause safety issues if

the practice is not subject to responsible regulation.

(2) Reasonable regulation is in the furtherance of

public health, safety and welfare interests.

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(3) Regulation is necessary to set educational standards

within the profession and to protect the public from

unqualified home inspectors and unscrupulous individuals.

(4) Consumer protection with respect to both health and

economic matters will be afforded the public through the

regulation and associated legal remedies provided for in this

act.

Section 103. Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Account." The Professional Licensure Augmentation Account.

"Applicant." An individual who applies for a license as a

home inspector.

"Bureau." The Bureau of Occupational and Industrial Safety

in the Department of Labor and Industry.

"Client." An individual or agent who contracts with a

licensee to obtain a home inspection and subsequent written home

inspection report.

"Department." The Department of Labor and Industry of the

Commonwealth.

"Home inspection." A noninvasive visual examination of some

combination of the mechanical, electrical or plumbing systems or

the structural and essential components of a residential

dwelling designed to identify material defects in those systems

and components and performed for a fee in connection with or

preparation for a proposed or possible residential real estate

transfer.

(1) The term includes a consultation regarding the

property that is represented to be a home inspection or that

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is described by a confusingly similar term.

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

(i) An examination of a single system or component

of a residential dwelling such as, for example, its

electrical or plumbing system or its roof.

(ii) An examination that is limited to inspection

for or of one or more of the following:

(A) Wood destroying insects.

(B) Underground tanks and wells.

(D) Swimming pools and spas.

(E) Alarm systems.

(F) Air and water quality.

(G) Tennis courts and playground equipment.

(H) Pollutants, toxic chemicals and

environmental hazards.

"Home inspection report." A written report on the results of

a home inspection.

"Home inspector." An individual licensed by the Bureau of

Occupational and Industrial Safety to perform home inspections.

"National home inspectors association." A national

association of home inspectors that:

(1) Is operated on a not-for-profit basis and is not

operated as a franchise.

(2) Has members in more than 10 states.

(3) Requires that a person may not become a full member

unless the person has performed or participated in more than

100 home inspections and has passed a recognized or

accredited examination testing knowledge of the proper

procedures for conducting a home inspection.

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

conduct and attend continuing professional education classes

as an ongoing condition of membership.

"License." A license to practice home inspection under this

act.

"Licensee." An individual who holds a license to practice

home inspection.

CHAPTER 3

BUREAU OF OCCUPATIONAL AND INDUSTRIAL SAFETY

Section 301. Powers and duties of bureau.

The bureau has the following powers and duties:

(1) To pass upon the qualifications and fitness of

applicants for licenses and reciprocal licenses and to

promulgate regulations requiring applicants to pass

examinations relating to qualifications as a prerequisite to

the issuance of a license.

(2) To promulgate regulations consistent with this act.

(3) To examine, deny, approve, issue, revoke, suspend or

renew licenses of home inspectors under this act and to

conduct hearings in connection with those powers and duties.

(4) To conduct hearings upon complaints concerning

violations of this act and the regulations promulgated under

this act and to seek the prosecution and enjoinder of

violations.

(5) To promulgate regulations establishing requirements

for continuing education under this act.

(6) To expend money necessary to the proper carrying out

of its assigned duties.

(7) To submit annually a report to the Consumer

Protection and Professional Licensure Committee of the Senate

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and the Professional Licensure Committee of the House of

Representatives containing a description of the types of

complaints received, status of the cases, bureau action which

has been taken and the length of time from the initial

complaint to final bureau resolution.

(8) To submit annually to the Appropriations Committee

of the Senate and the Appropriations Committee of the House

of Representatives, within 15 days after the Governor has

submitted a budget to the General Assembly, a copy of the

budget request for the upcoming fiscal year which the bureau

previously submitted to the department.

(9) To establish and maintain a current list of home

inspectors who are registered or licensed. The list shall be

available for public inspection, including by electronic

means.

(10) To establish fees as set forth in this act. All

fees or other money collected by the bureau under this act

shall be used for the sole purpose of administration and

regulation of licensing under this act.

CHAPTER 5

LICENSURE

Section 501. Requirements for licensure.

(a) Applicants.--An applicant shall be considered to be

qualified for a license if the applicant submits proof

satisfactory to the bureau of all of the following:

(1) The applicant is of good moral character.

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

(3) The applicant has a high school diploma or its

equivalent.

(4) The applicant has completed a bureau-approved

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training program or course of study involving the performance

of home inspections which shall be no less than 120 hours of

instruction and includes not less than 40 hours of actual in-

field training.

(5) The applicant has passed a bureau-approved

examination.

(6) The application is accompanied by the application

fee as established by the bureau by regulation.

(7) The applicant is not addicted to the habitual use of

alcohol, narcotics or other habit-forming drugs.

(8) The following apply:

(i) The applicant has not been convicted of a felony

under the act of April 14, 1972 (P.L.233, No.64), known

as The Controlled Substance, Drug, Device and Cosmetic

Act, or of an offense under the laws of another

jurisdiction which if committed in this Commonwealth

would be a felony under The Controlled Substance, Drug,

Device and Cosmetic Act, unless the following apply:

(A) At least 10 years have elapsed from the date

of conviction.

(B) The applicant satisfactorily demonstrates to

the bureau that the applicant has made significant

progress in personal rehabilitation since the

conviction and that licensure of the applicant should

not be expected to create a substantial risk of harm

to the public or a substantial risk of further

criminal violations.

qualifications required under this act.

(ii) As used in this paragraph, the term "convicted"

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includes a judgment, admission of guilt or a plea of nolo

contendere, or receiving probation without verdict,

disposition in lieu of trial or an accelerated

rehabilitative disposition of the disposition of felony

charges.

(b) Existing practitioners.--The bureau shall issue a

license to an applicant who applies within two years of the

effective date of this subsection and complies with all of the

following:

(1) Is an active professional home inspector.

(2) Meets the qualifications described in subsection (a)

(1), (2), (3), (6) and (7).

(3) Submits proof satisfactory to the bureau that the

applicant has:

(i) been in active, continuous practice for at least

five years immediately preceding the effective date of

this section; or

(ii) completed 120 hours of instruction in home

inspection and related subjects.

(1) The bureau may issue a temporary practice permit to

an applicant in order to permit the applicant to practice

home inspections during the six-month period after completion

of the applicant's education program.

(2) The temporary practice permit issued under paragraph

(1) shall be nonrenewable and shall expire on the earlier of:

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

(ii) the date the applicant fails the licensing

examination.

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

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permit are not transferable.

Section 502. License status and continuing education.

(a) Duration of license.--A license shall be issued on a

biennial basis. The biennial expiration date shall be

established by regulation of the bureau. Application for renewal

of a license shall biennially be forwarded to an individual

holding a current license prior to the expiration date of the

current renewal biennium.

(b) Procedure.--To renew a license, a licensee must do all

of the following:

(1) File a renewal application with the bureau. The

licensee must successfully complete 16 hours of continuing

education in the field of home inspection during the

immediately preceding two years as approved by the bureau.

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

notify the bureau within 30 days of:

(1) a change of name;

(2) a change of name under which the licensee conducts

business;

(3) a change of business address;

(4) a lapse, change or cancellation of insurance

coverage; or

(5) a misdemeanor or felony violation.

(d) Inactive status.--A licensee may request an application

for inactive status. The application form must be completed and

returned to the bureau. Upon receipt of an application, the

individual shall be maintained on inactive status without fee

and shall be entitled to apply for a licensure renewal at any

time. An individual who requests the bureau to activate the

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person's license and who has been on inactive status for five

consecutive years must, prior to receiving an active license,

satisfy the bureau's regulations for ensuring continued

education and present evidence of being a member in good

standing of a bureau-approved national home inspection

association and remitting the required fee. The bureau shall

promulgate regulations to implement this subsection.

(e) Reporting of multiple licensure.--A licensee who is also

licensed to practice home inspection in another jurisdiction

shall report this information to the bureau on the biennial

registration application. Disciplinary action taken in another

jurisdiction shall be reported to the bureau on the biennial

registration application or within 90 days of final disposition,

whichever is sooner. The bureau shall note multiple licensures

on the licensee's record, and the bureau shall notify other

licensing jurisdictions of disciplinary actions taken against

the licensee in this Commonwealth.

Section 503. Examinations.

The bureau shall contract with a professional testing

organization for the examination of qualified applicants for

licensure. All written, oral and practical examinations shall be

prepared and administered by a qualified and approved

professional testing organization in the manner prescribed for

written examinations by section 812.1 of the act of April 9,

1929 (P.L.177, No.175), known as The Administrative Code of

1929.

Section 504. Reciprocity.

The bureau may grant a reciprocal license to an applicant who

is licensed or certified as a home inspector or similar practice

in another state and has demonstrated qualifications which equal

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or exceed those required under this act in the determination of

the bureau. The bureau shall not grant a license under this

section to an applicant unless the state in which the applicant

is licensed affords reciprocal treatment to individuals who are

residents of this Commonwealth and who are licensed under this

act. The applicant must also submit a notarized statement that

the applicant has studied, is familiar with and will abide by

this act and regulations promulgated by the bureau.

Section 505. Registration or licensing of home inspectors by

political subdivisions.

No agency or political subdivision of this Commonwealth,

other than the bureau, shall impose the following on individuals

licensed under this chapter:

(1) A registration or licensing requirement for

conducting home inspections.

(2) A license fee to obtain a local license, except that

this prohibition shall not prevent a local government from

imposing an occupational license tax on a person operating as

a home inspector within the jurisdiction of the local

government.

Section 506. Professional liability insurance.

(a) Requirement.--A licensed home inspector shall maintain

insurance against errors and omissions in the performance of a

home inspection and general liability, with coverages of not

less than $100,000 per occurrence and $500,000 in the aggregate

and with deductibles of not more than $2,500.

(b) Proof.--An applicant must provide proof that the

applicant has obtained professional liability insurance under

subsection (a). It is sufficient if the applicant files with the

application a copy of a letter from the applicant's professional

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liability insurance carrier indicating that the applicant will

be covered against professional liability in the required

amounts effective upon the issuance of the applicant's license

to practice home inspection in this Commonwealth. Upon issuance

of the license, the licensee must, within 30 days, submit to the

bureau the certificate of insurance or a copy of the policy

declaration page.

Section 507. Refusal, suspension and revocation of licenses.

(a) General rule.--The bureau may refuse, suspend or revoke

a license in a case where the bureau finds:

(1) The licensee is negligent or incompetent in

performing home inspections.

(2) The licensee is unable to perform home inspections

with reasonable skill and safety by reason of mental or

physical illness or condition or physiological or

psychological dependence upon alcohol, hallucinogenic or

narcotic drugs or other drugs which tend to impair judgment

or coordination, so long as the dependence continues. In

enforcing this paragraph, the bureau shall, upon probable

cause, have authority to compel a licensee to submit to a

mental or physical examination as designated by the bureau.

After notice and hearing, adjudication and appeal, failure of

a licensee to submit to an examination when directed shall

constitute an admission of the allegations unless failure is

due to circumstances beyond the licensee's control,

consequent upon which a default and final order may be

entered without the taking of testimony or presentation of

evidence. A licensee affected under this paragraph shall at

reasonable intervals be afforded the opportunity to

demonstrate that the licensee can resume competent, safe and

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skillful performance of home inspections.

(3) The licensee has willfully or repeatedly violated

this act or a regulation of the bureau.

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

(i) performing home inspections; or

(ii) securing licensure.

(5) The licensee has been convicted of a felony or a

crime of moral turpitude, or received probation without

verdict, disposition in lieu of trial or an Accelerated

Rehabilitative Disposition in the disposition of felony

charges in the courts of this Commonwealth or another

jurisdiction.

(6) The licensee has had the licensee's license

suspended or revoked or has received other disciplinary

action by the proper licensing authority in another

jurisdiction.

(7) With respect to the performance of home inspections,

the licensee has acted in a manner to present an immediate

and clear danger to health, safety or property.

(8) The licensee possessed, used, acquired or

distributed a controlled substance.

(9) The licensee has been found guilty of unprofessional

conduct. Unprofessional conduct includes departure from or

failing to conform to operating practices or professional

standards embraced by the home inspection profession,

including those recognized by a national home inspectors

association. In proceedings based on this paragraph, actual

injury to a person or damage to property need not be

established.

(10) The licensee falsely advertised or made misleading,

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deceptive, untrue or fraudulent material representations

regarding licensure, certification or performance of a home

inspection.

(b) Bureau action.--If the bureau finds that the license or

application for license may be refused, revoked, restricted or

suspended under the terms of subsection (a), the bureau may do

any of the following:

(1) Deny the application for license.

(2) Administer a public reprimand.

(3) Revoke, suspend, limit or otherwise restrict a

license.

(4) Require a licensee to submit to the care, counseling

or treatment of a physician designated by the bureau.

(5) Suspend enforcement of its findings and place a

licensee on probation with the right to vacate the

probationary order for noncompliance.

(6) Restore a suspended license and impose a

disciplinary or corrective measure which it might originally

have imposed.

subsections (a) and (b) are subject to 2 Pa.C.S. Chs. 5 Subch. A

(relating to practice and procedure of Commonwealth agencies)

and 7 Subch. A (relating to judicial review of Commonwealth

agency action).

(d) Temporary suspension.--The bureau shall temporarily

suspend a license under circumstances as determined by the

bureau to be an immediate and clear danger to the public health

and safety. The bureau shall issue an order to that effect

without a hearing, but upon notice to the licensee concerned at

the licensee's last known address, which must include a written

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statement of all allegations against the licensee. Subsection

order under this subsection, the bureau shall commence formal

action to suspend, revoke or restrict the license as otherwise

provided for in this act. Within 30 days following the issuance

of an order temporarily suspending a license, the bureau shall

conduct a preliminary hearing to determine that there is a prima

facie case supporting the suspension. The licensee whose license

has been temporarily suspended may be present at the preliminary

hearing and may be represented by counsel, cross-examine

witnesses, inspect physical evidence, call witnesses, offer

evidence and testimony and make a record of the proceedings. If

the bureau determines that there is not a prima facie case, the

bureau shall immediately restore the suspended license. The

temporary suspension shall remain in effect until vacated by the

bureau, but in no event longer than 180 days.

(e) Automatic suspension.--

(1) A license shall automatically be suspended upon the

legal commitment of a licensee to an institution because of

mental incompetence from any cause upon filing with the

bureau a certified copy of the commitment.

(2) A license shall automatically be suspended upon

conviction of a felony under the act of April 14, 1972

(P.L.233, No.64), known as The Controlled Substance, Drug,

Device and Cosmetic Act, or conviction of an offense under

the laws of another jurisdiction which, if committed in this

Commonwealth, would be a felony under The Controlled

Substance, Drug, Device and Cosmetic Act. As used in this

paragraph, the term "conviction" includes a judgment, an

admission of guilt or a plea of nolo contendere.

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(3) Automatic suspension under this section shall not be

stayed pending an appeal.

(4) Reinstatement of a license shall be made under

section 508.

(5) Subsection (c) shall not apply to automatic

suspension.

Section 508. Reinstatement of license.

Unless ordered to do so by a court of competent jurisdiction,

the bureau shall not reinstate the license of an individual

which has been revoked. An individual whose license has been

revoked may reapply for a license after a period of at least

five years but must meet the licensing requirements of this act.

Section 509. License renewal, records and fees.

(a) Records.--The bureau shall keep a record of licensees in

its office. The record shall be open to public inspection and

copying upon payment of a reasonable fee for copying the record.

(b) Fees.--If the revenue from fees, fines and civil

penalties imposed under this act is not sufficient to meet

expenditures over a two-year period, the bureau shall increase

fees by regulation so that the projected revenue will meet or

exceed projected expenditures.

fees established under subsection (b) are inadequate to meet the

minimum enforcement efforts required by this act, the bureau

shall increase the fees by regulation in an amount so that

adequate revenue is raised to meet the required enforcement

effort.

CHAPTER 7

ADMINISTRATION AND ENFORCEMENT

Section 701. Unlawful practice.

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(a) General rule.--An individual may not practice home

inspection or hold himself out as a home inspector unless

licensed by the bureau.

(b) Title.--An individual who holds a license or is

maintained on inactive status may use the title Licensed Home

Inspector and the abbreviation L.H.I. No other individual may

use the title Licensed Home Inspector or the title Home

Inspector or hold himself out to others as a home inspector.

This subsection includes advertising as a home inspector and

adopting or using a title or description, or a derivative

thereof and their related abbreviations, which implies directly

or indirectly that home inspection services are being provided.

firm or other entity may not employ an individual in home

inspection unless the individual is licensed by the bureau.

(d) Terminology.--A business entity may not utilize in

connection with a business name or activity the words home

inspector, home inspection or a derivative of those terms and

their related abbreviations, which implies directly or

indirectly that home inspection services are being provided,

unless the services of the business are provided by licensees.

(e) Injunction.--Unlawful practice may be enjoined by the

courts upon petition of the bureau. In a proceeding under this

section, it shall not be necessary to show that an individual

has been injured. If the court finds that the respondent has

violated this section, it shall enjoin the respondent from

practicing until the respondent has been licensed.

(f) Remedy cumulative.--The injunctive remedy provided in

this section shall be in addition to any other civil or criminal

prosecution and punishment.

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Section 702. Violation of act.

(a) Criminal.--A person that violates this act or a

regulation of the bureau commits a misdemeanor of the third

degree and shall, upon conviction, be sentenced to pay a fine of

not more than $1,000 or to imprisonment for not more than six

months for the first violation and to pay a fine of not more

than $2,000 or to imprisonment for not less than six months nor

more than one year, or both, for each subsequent violation.

(b) Administrative.--In addition to a criminal penalty under

subsection (a), the bureau, by a vote of the majority of the

maximum number of the authorized membership of the bureau or by

a vote of the majority of the qualified and confirmed membership

or a minimum of five members, whichever is greater, may levy an

administrative penalty of up to $1,000 for any of the following:

(1) A home inspector who violates a provision of this

act.

(2) A person that employs a home inspector in violation

of this act.

(3) An individual who holds himself out as a licensee

without being properly licensed as provided in this act.

(4) The responsible officer or employee of a

corporation, partnership, firm or other entity that violates

a provision of this act.

subsection (b) is subject to 2 Pa.C.S. Chs. 5 Subch. A (relating

to practice and procedure of Commonwealth agencies) and 7 Subch.

A (relating to judicial review of Commonwealth agency action).

Section 703. Degree of care of home inspectors.

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

inspection with the degree of care that a reasonably prudent

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home inspector would exercise.

(b) Standard.--In ascertaining the degree of care that would

be exercised by a reasonably prudent home inspector, the court

shall consider the standards of practice and codes of ethics of

national home inspector associations.

Section 704. Consumer remedies.

(a) General rule.--The performance of a home inspection is a

service subject to the act of December 17, 1968 (P.L.1224,

No.387), known as the Unfair Trade Practices and Consumer

Protection Law.

(b) Prohibited acts.--Any of the following acts engaged in

by a home inspector, an employer of a home inspector or another

business or person that controls or has a financial interest in

the employer of a home inspector shall be deemed to be an unfair

or deceptive act or practice as defined by section 2(4) of the

Unfair Trade Practices and Consumer Protection Law:

(1) Performing or offering to perform for an additional

fee any repairs to a structure with respect to which the home

inspector, the employer of the home inspector or other

business or person has prepared a home inspection report

within the preceding 12 months, except that this paragraph

shall not apply to remediation for radon or wood-destroying

insects.

(2) Inspecting for a fee any property in which the home

inspector, the employer of the home inspector or other

business or person has a financial interest or an interest in

the transfer of the property, including receipt of a

commission as an agent, unless the financial interest or

interest in the transfer of the property is disclosed in

writing to the buyer before the home inspection is performed

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and the buyer signs an acknowledgment of receipt of the

disclosure.

(3) Offering or delivering a commission, referral fee or

kickback to the seller of the inspected property or to an

agent for the seller or buyer for the referral of business to

the home inspector, the employer of the home inspector or

other business or person.

(4) Accepting an engagement to perform a home inspection

or to prepare a home inspection report in which the

employment itself or the fee payable for the inspection is

contingent upon the conclusions in the report, preestablished

or prescribed findings or the closing of the transaction.

with or retains the home inspector does not violate subsection

(b) if the home warranty company performs repairs pursuant to

claims made under a home warranty contract.

(d) Remedies.--In addition to other remedies available under

the Unfair Trade Practices and Consumer Protection Law or other

applicable provision of law, the owner of a property on which

repairs are performed in violation of subsection (b)(1) shall be

entitled to a full refund of money paid for those repairs, and a

promissory note or another obligation to pay given to the person

performing those repairs shall be void.

Section 705. Home inspection reports.

(a) Required contents.--A home inspection report must be in

writing and include all of the following:

(1) A description of the scope of the inspection,

including identification of the structural elements, systems

and subsystems covered by the report.

(2) Any structural defect or environmental hazard

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discovered by the home inspector during the home inspection.

(3) A description of material defects noted during the

inspection, along with a recommendation that certain experts

be retained to determine the extent of the defects and the

corrective action that should be taken. A material defect as

defined in 68 Pa.C.S. § 7102 (relating to definitions) that

poses an unreasonable risk to people on the property shall be

conspicuously identified as such.

(4) The following statements, set forth conspicuously:

A home inspection is intended to assist in evaluation

of the overall condition of the dwelling. The inspection

is based on observation of the visible and apparent

condition of the structure and its components on the date

of inspection.

The results of this home inspection are not intended

to make any representation regarding the presence or

absence of latent or concealed defects that are not

reasonably ascertainable in a competently performed home

inspection. No warranty or guaranty is expressed or

implied.

This home inspection report is not to be construed as

an appraisal and may not be used as such for any purpose.

(b) Confidentiality.--Except as otherwise required by law, a

home inspector may not deliver a home inspection report to a

person other than the client of the home inspector without the

client's consent. The seller shall have the right, upon request,

to receive without charge a copy of a home inspection report

from the person for whom it was prepared.

(1) Except as set forth in paragraph (2), a home

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inspector may not express either orally or in writing an

estimate of the cost to repair a defect found during a home

inspection.

(2) A home inspector may include an estimate in a home

inspection report if:

(i) the report identifies the source of the

estimate;

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

(iii) the report states that the parties should

consider obtaining an estimate from a contractor who

performs the type of repair involved.

CHAPTER 21

MISCELLANEOUS PROVISIONS

Section 2101. Relationship to other laws.

(a) General rule.--Nothing in this act shall be construed to

allow a home inspector who is not registered or licensed under

one or more of the following laws to perform any activity that

would constitute the practice of the profession regulated by

that law:

(1) The act of May 23, 1945 (P.L.913, No.367), known as

the Engineer, Land Surveyor and Geologist Registration Law.

(2) The act of January 24, 1966 (1965 P.L.1535, No.537),

known as the Pennsylvania Sewage Facilities Act.

(3) The act of March 1, 1974 (P.L.90, No.24), known as

the Pennsylvania Pesticide Control Act of 1973.

(4) The act of December 14, 1982 (P.L.1227, No.281),

known as the Architects Licensure Law.

(5) The act of July 9, 1987 (P.L.238, No.43), known as

the Radon Certification Act.

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

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

act referred to in subsection (a) when acting under the

person's registration or license.

(2) Apply to an officer or employee of a municipality or

local authority when acting in the person's official

capacity.

(3) Affect the obligations or immunities of a person

licensed under the act of February 19, 1980 (P.L.15, No.9),

known as the Real Estate Licensing and Registration Act, that

are imposed or provided under that act or 68 Pa.C.S. Ch. 73

(relating to seller disclosures) when the person is acting

under the person's license.

(4) Affect the obligations or immunities of a person

certified under the act of July 10, 1990 (P.L.404, No.98),

known as the Real Estate Appraisers Certification Act, when

the person is acting under the person's license.

Section 2102. Regulations.

The bureau shall promulgate regulations to carry out this act

within 18 months of the effective date of this section. The

bureau shall report, within 60 days of the effective date of

this section and every 30 days thereafter, on the status of the

regulations to the Consumer Protection and Professional

Licensure Committee of the Senate and the Professional Licensure

Committee of the House of Representatives.

Section 2103. Repeal.

Repeals are as follows:

(1) The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate this act.

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

Section 2104. Effective date.

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This act shall take effect as follows:

(1) The following provisions shall take effect

immediately:

(i) Section 301.

(ii) Section 2102.

(iii) This section.

(2) The following provisions shall take effect in two

years:

(i) Chapter 5.

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

(3) Section 701(a) shall take effect 90 days after the

effective date of the initial regulations promulgated under

section 2102.

(4) The remainder of this act shall take effect in 60

days.

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