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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:

Heating System
Cooling System
Plumbing System
Electrical System
Structural Components:
Foundation
Roof Masonry Structure
Exterior & 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?

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.
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.
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.
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.state.ny.us.

Is there a liability insurance requirement?

Yes, §444-K (1) of The Home Inspection Professional Licensing Act requires that 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. Applicants must submit proof of general liability insurance which shall be a minimum amount of $150,000 per occurrence and $500,000 aggregate.

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.

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.
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:
Grandparenting Expires on 12/31/06*

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.

*Expiration of Grandparenting:

All applications for licensure under the grandparenting clause must be received in our office on or before 12/31/06 - NO EXCEPTIONS - After that date, an applicant for a home inspector license must apply under the New Home Inspector Category(See category B on the application.) In addition, all additional information for pending grandparenting applications must be received within a year from the original date of application.

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 required in statute, home inspectors will need to complete continuing education within their two-year license renewal period prior to the expiration date in order to renew their license. In order to fairly implement this requirement, the Home Inspector Advisory Board in conjunction with the Department of State has determined that the amount of hours of continuing education to be completed is dependent upon the renewal date of the license. The required continuing education hours are as follows:

Applicants whose license expiration renewal dates fall on or before December 30, 2008 will need to complete six hours of Department of State approved continuing education prior to renewal.
Those that fall on and after December 31, 2008 will need to complete 24 hours of approved continuing education prior to renewal.

In New York State, who can provide home inspection of residential buildings for compensation?
Real Property Law was amended September 2004 by adding a new Article 12-B “The Home Inspection Professional Licensing Act.” Starting December 31, 2005 a license issued by the NYS Department of State (DOS) will be required for persons engaged in performing home inspections of residential buildings for compensation. Exempt from this licensure requirement are architects and professional engineers licensed and currently registered by the NYS Office of Professions who are lawfully practicing within the scope of their profession. For more information on the Home Inspection Professional Licensing Act, visit the Department of Education’s website at http://www.op.nysed.gov/pefaq.htm

When may a Professional Engineer provide home inspection services under the exemption in “The Home Inspection Professional Licensing Act”?

In accordance with Article 12-B “The Home Inspection Professional Licensing Act” a professional engineer may provide home inspection services under the exemption when:

• They are providing these services as part of their practice as a professional engineer.
The professional engineer’s business entity must have a Certificate of Authorization to provide engineering services issued by the New York State Education Department or, if a sole proprietor licensed as professional engineer, they must qualify for such a Certificate. For information regarding the entities that may legally provide engineering services and how to obtain a Certificate of Authorization, visit the Department of Education’s website at http://www.op.nysed.gov/pefaq.htm.

A Professional Engineer may not provide home inspection services under the exemption if they are an owner, employee or subcontractor of a general business corporation or “inc.” Under this scenario they would need to obtain a home inspection license.

Note: There are a finite group of general business corporations that were in existence and providing professional engineering services on April 15, 1935, and continuously thereafter, and were lawfully engaged in the practice of professional services in New York State. (These corporations are often referred to as "grandfathered" corporations and hold a Certificate of Authorization to practice engineering). Such corporations may lawfully provide professional services within the state and may not need to obtain a license to perform home inspection if such inspection is performed within the scope of practice of engineering.

For more information, Contact:

The New York City Department of State

ALBANY LOCATION:

Department of State
41 State Street
Albany NY 12231
Phone: (518) 474-4752

NEW YORK CITY LOCATION:

Department of State
123 William Street
New York, NY 10038-3804
Phone: (212) 417-5800