Home Inspection: General Information

Effective December 31, 2005, the real property law is amended by adding a new Article 12-B, "The Home Inspection Professional Licensing Act." While you are not currently required to be licensed as a home inspector to perform home inspections, licensure will be required effective December 31, 2005.

What is Home Inspection?

Home Inspection is defined as the process by which a home inspector observes and provides a written report of the systems and components of a residential building including but not limited to:
A. Heating System
B. Cooling System
C. Plumbing System
D. Electrical System
E Structural Components - foundation, roof masonry structure, exterior and interior components or any other related residential building component recommended by the Home Inspection Council and implemented by the Department through the regulatory process.

Who must apply for a license?

Persons engaged in performing home inspections of residential buildings for compensation.

What do you mean by residential buildings?

A Residential Building means a structure consisting of 1 to 4 dwelling units and their garages and carports, but shall not include any such structure newly constructed or not previously occupied as a dwelling unit.

Who is excluded from licensure?

1. A person regulated by the state or a political subdivision thereof as an architect who is acting within the scope of his or her profession; or

2. A person regulated by the state or a political subdivision thereof as an engineer who is acting within the scope of his or her profession; or

3. A person who is employed as a code enforcement official by the state or a political subdivision thereof when acting within the scope of that government employment; or

4. A person making home inspections for the purpose of meeting the requirements of § 444-e (b)(i)&(ii) of this article to qualify for licensure as a home inspector. That is home inspections performed in the presence of and under the direct supervision of a licensed home inspector, registered architect or licensed professional engineer, who oversees and takes full responsibility for the inspection and inspection report. The sole purpose of these inspections is to gain the experience necessary to qualify for a license as a home inspector.

How does one become licensed as a Home Inspector?

To secure an application, contact the Division of Licensing Services, Customer Service Representatives at 518-474-4429, or mail your request to the above address. Additionally, the application will be available in October 2005, from the Department of State Website at http://www.dos.ny.gov

Is there a liability insurance requirement?
Yes, pursuant to § 444-K (1) of The Home Inspection Professional Licensing Act, every licensed home inspector who is engaged in home inspection shall secure, maintain, and file with the Secretary proof of a certificate of liability coverage, which terms and conditions shall be determined by the Secretary in consultation with the Council.

Can one obtain a Home Inspector’s license based on licensure in another state?
Yes. Upon submission of an application and fee, we will review application requests from individuals submitting proof of current licensure from another state where requirements are equivalent to NYS. Where found equivalent, education and exam requirements will be waived, and a license issued.
 

What are the fees, terms of registration?
Examination Fee: $50 - for each exam taken
Application Fee: Each application must be accompanied by a nonrefundable application fee of $250; the license will be effective for 2 years.

What qualifications and supporting documents does one need to apply for licensure?
You can apply based on any of the following categories: Details regarding supporting documentation needed will be provided on the application.

I. New Home Inspectors
• Have successfully completed high school or its equivalent;
• Education: Taken and successfully completed a course of study of not less that 140 hours approved by the Council. 40 of those hours must be unpaid field based inspections in the presence of and under direct supervision of a Home Inspector licensed by NYS, or a professional engineer or architect, regulated by NYS. The specifics regarding coursework will be determined by the department, in consultation with the council, or
• Have performed not less than 100 home inspections (paid or unpaid) in the presence of and under the direct supervision of a Home Inspector licensed by NYS, or a professional engineer or architect regulated by NYS,
and
Successful Completion of an Exam: Have passed the NYS written examination, or have taken and passed an existing nationally recognized examination, deemed equivalent, prior to December 31, 2005.
• Freedom from Disqualifying Criminal Convictions
• Application Fee: Each application must be accompanied by a nonrefundable application fee of $250; the license will be effective for 2 years.

II. Grandfathering Clause –
Method 1. • Competent proof** that you performed 100 or more home inspections for compensation within 2 years prior to the effective date of this law
• Have successfully completed high school or its equivalent
• Have passed the NYS written examination, or have taken and passed an existing nationally recognized examination, deemed equivalent, prior to December 31, 2005.
• Freedom from Disqualifying Criminal Convictions.
• Application Fee: Each application must be accompanied by a nonrefundable application fee of $250; the license will be effective for 2 years.

Method 2. • Competent proof** that you performed 250 or more home inspections for compensation within 3 years prior to the effective date of this law.
• Have successfully completed high school or its equivalent
• Waived from the examination
• Freedom from Disqualifying Criminal Convictions
• Application Fee: Each application must be accompanied by a nonrefundable application fee of $250; the license will be effective for 2 years.
** The guidelines with respect to the nature of the proof will be set forth at a later date

Method 3. Education and experience equivalent to either Method 1 or Method 2 of the above.
• Freedom from Disqualifying Criminal Convictions
• Application Fee: Each application must be accompanied by a nonrefundable application fee of $250; the license will be effective for 2 years.

What forms of payment does the department accept?
You may pay by check or money order made payable to the Department of State or charge any fee to MasterCard or Visa using the credit card authorization form included with the application. Do not send cash. Application fees are nonrefundable. A $20 fee will be charged for any check returned by your bank.

What is the renewal fee, and how does one renew their license?
The renewal application is posted to the Home Inspector approximately 3 months prior to the expiration of his or her license. The application must be completed and submitted with a $100 fee to the Department of State, Division of Licensing Services. Instructions for proper submission will be included with the renewal application. The term of licensure is 2 years.

Are there any continuing education requirements?
Yes, as a condition of renewing your home inspector’s license, you will need to complete continuing education. The guidelines with respect to the content of the continuing education course will be set forth at a later date.
 

Home Inspection Fact Sheet - June 2005