|
|
To amend sections 121.08 and 4745.01 and to enact sections 4768.01 to 4768.19 and 4768.99 of the Revised Code to require the certification of home inspectors and to regulate the certification and performance of home inspectors.
Section 1. That sections 121.08 and 4745.01 be amended and sections 4768.01, 4768.02, 4768.03, 4768.04, 4768.05, 4768.06, 4768.07, 4768.08, 4768.09, 4768.10, 4768.11, 4768.12, 4768.13, 4768.14, 4768.15, 4768.16, 4768.17, 4768.18, 4768.19, and 4768.99 of the Revised Code be enacted to read as follows:
Sec. 121.08. (A) There is hereby created in the department of commerce the position of deputy director of administration. This officer shall be appointed by the director of commerce, serve under the director's direction, supervision, and control, perform the duties the director prescribes, and hold office during the director's pleasure. The director of commerce may designate an assistant director of commerce to serve as the deputy director of administration. The deputy director of administration shall perform the duties prescribed by the director of commerce in supervising the activities of the division of administration of the department of commerce.
(B) Except as provided in section 121.07 of the Revised Code, the department of commerce shall have all powers and perform all duties vested in the deputy director of administration, the state fire marshal, the superintendent of financial institutions, the superintendent of real estate and professional licensing, the superintendent of liquor control, the superintendent of industrial compliance, the superintendent of labor and worker safety, the superintendent of unclaimed funds, and the commissioner of securities, and shall have all powers and perform all duties vested by law in all officers, deputies, and employees of those offices. Except as provided in section 121.07 of the Revised Code, wherever powers are conferred or duties imposed upon any of those officers, the powers and duties shall be construed as vested in the department of commerce.
(C)(1) There is hereby created in the department of commerce a division of financial institutions, which shall have all powers and perform all duties vested by law in the superintendent of financial institutions. Wherever powers are conferred or duties imposed upon the superintendent of financial institutions, those powers and duties shall be construed as vested in the division of financial institutions. The division of financial institutions shall be administered by the superintendent of financial institutions.
(2) All provisions of law governing the superintendent of financial institutions shall apply to and govern the superintendent of financial institutions provided for in this section; all authority vested by law in the superintendent of financial institutions with respect to the management of the division of financial institutions shall be construed as vested in the superintendent of financial institutions created by this section with respect to the division of financial institutions provided for in this section; and all rights, privileges, and emoluments conferred by law upon the superintendent of financial institutions shall be construed as conferred upon the superintendent of financial institutions as head of the division of financial institutions. The director of commerce shall not transfer from the division of financial institutions any of the functions specified in division (C)(2) of this section.
(D) There is hereby created in the department of commerce a division of liquor control, which shall have all powers and perform all duties vested by law in the superintendent of liquor control. Wherever powers are conferred or duties are imposed upon the superintendent of liquor control, those powers and duties shall be construed as vested in the division of liquor control. The division of liquor control shall be administered by the superintendent of liquor control.
(E) The director of commerce shall not be interested, directly or indirectly, in any firm or corporation which is a dealer in securities as defined in sections 1707.01 and 1707.14 of the Revised Code, or in any firm or corporation licensed under sections 1321.01 to 1321.19 of the Revised Code.
(F) The director of commerce shall not have any official connection with a savings and loan association, a savings bank, a bank, a bank holding company, a savings and loan association holding company, a consumer finance company, or a credit union that is under the supervision of the division of financial institutions, or a subsidiary of any of the preceding entities, or be interested in the business thereof.
(G) There is hereby created in the state treasury the division of administration fund. The fund shall receive assessments on the operating funds of the department of commerce in accordance with procedures prescribed by the director of commerce and approved by the director of budget and management. All operating expenses of the division of administration shall be paid from the division of administration fund.
(H) There is hereby created in the department of commerce a division of real estate and professional licensing, which shall be under the control and supervision of the director of commerce. The division of real estate and professional licensing shall be administered by the superintendent of real estate and professional licensing. The superintendent of real estate and professional licensing shall exercise the powers and perform the functions and duties delegated to the superintendent under Chapters 4735., 4763.,and4767., and 4768. of the Revised Code.
(I) There is hereby created in the department of commerce a division of labor and worker safety, which shall have all powers and perform all duties vested by law in the superintendent of labor and worker safety. Wherever powers are conferred or duties imposed upon the superintendent of labor and worker safety, those powers and duties shall be construed as vested in the division of labor and worker safety. The division of labor and worker safety shall be under the control and supervision of the director of commerce and be administered by the superintendent of labor and worker safety. The superintendent of labor and worker safety shall exercise the powers and perform the duties delegated to the superintendent by the director under Chapters 4109., 4111., and 4115. of the Revised Code.
(J) There is hereby created in the department of commerce a division of unclaimed funds, which shall have all powers and perform all duties delegated to or vested by law in the superintendent of unclaimed funds. Wherever powers are conferred or duties imposed upon the superintendent of unclaimed funds, those powers and duties shall be construed as vested in the division of unclaimed funds. The division of unclaimed funds shall be under the control and supervision of the director of commerce and shall be administered by the superintendent of unclaimed funds. The superintendent of unclaimed funds shall exercise the powers and perform the functions and duties delegated to the superintendent by the director of commerce under section 121.07 and Chapter 169. of the Revised Code, and as may otherwise be provided by law.
(K) The department of commerce or a division of the department created by the Revised Code that is acting with authorization on the department's behalf may request from the bureau of criminal identification and investigation pursuant to section 109.572 of the Revised Code, or coordinate with appropriate federal, state, and local government agencies to accomplish, criminal records checks for the persons whose identities are required to be disclosed by an applicant for the issuance or transfer of a permit, license, certificate of registration, or certification issued or transferred by the department or division. At or before the time of making a request for a criminal records check, the department or division may require any person whose identity is required to be disclosed by an applicant for the issuance or transfer of such a license, permit, certificate of registration, or certification to submit to the department or division valid fingerprint impressions in a format and by any media or means acceptable to the bureau of criminal identification and investigation and, when applicable, the federal bureau of investigation. The department or division may cause the bureau of criminal identification and investigation to conduct a criminal records check through the federal bureau of investigation only if the person for whom the criminal records check would be conducted resides or works outside of this state or has resided or worked outside of this state during the preceding five years, or if a criminal records check conducted by the bureau of criminal identification and investigation within this state indicates that the person may have a criminal record outside of this state.
In the case of a criminal records check under section 109.572 of the Revised Code, the department or division shall forward to the bureau of criminal identification and investigation the requisite form, fingerprint impressions, and fee described in division (C) of that section. When requested by the department or division in accordance with this section, the bureau of criminal identification and investigation shall request from the federal bureau of investigation any information it has with respect to the person who is the subject of the requested criminal records check and shall forward the requisite fingerprint impressions and information to the federal bureau of investigation for that criminal records check. After conducting a criminal records check or receiving the results of a criminal records check from the federal bureau of investigation, the bureau of criminal identification and investigation shall provide the results to the department or division.
The department or division may require any person about whom a criminal records check is requested to pay to the department or division the amount necessary to cover the fee charged to the department or division by the bureau of criminal identification and investigation under division (C)(3) of section 109.572 of the Revised Code, including, when applicable, any fee for a criminal records check conducted by the federal bureau of investigation.
Sec. 4745.01. (A) "Standard renewal procedure," as used in Chapters 905., 907., 909., 911., 913., 915., 918., 921., 923., 927., 942., 943., 953., 1321., 3710., 3713., 3719., 3731., 3742., 3748., 3769., 3783., 3921., 3951., 4104., 4105., 4143., 4169., 4561., 4703., 4707., 4709., 4713., 4715., 4717., 4723., 4725., 4727., 4728., 4729., 4731., 4733., 4734., 4735., 4739., 4741., 4747., 4749., 4752., 4753., 4755., 4757., 4758., 4759., 4761., 4766., 4768., 4773., and 4775. of the Revised Code, means the license renewal procedures specified in this chapter.
(B) "Licensing agency," as used in this chapter, means any department, division, board, section of a board, or other state governmental unit subject to the standard renewal procedure, as defined in this section, and authorized by the Revised Code to issue a license to engage in a specific profession, occupation, or occupational activity, or to have charge of and operate certain specified equipment, machinery, or premises.
(C) "License," as used in this chapter, means a license, certificate, permit, card, or other authority issued or conferred by a licensing agency by authority of which the licensee has or claims the privilege to engage in the profession, occupation, or occupational activity, or to have control of and operate certain specific equipment, machinery, or premises, over which the licensing agency has jurisdiction.
(D) "Licensee," as used in this chapter, means either the person to whom the license is issued or renewed by a licensing agency, or the person, partnership, or corporation at whose request the license is issued or renewed.
(E) "Renewal" and "renewed," as used in this chapter and in the chapters of the Revised Code specified in division (A) of this section, includes the continuing licensing procedure provided in Chapter 3748. of the Revised Code and rules adopted under it and in sections 1321.05 and 3921.33 of the Revised Code, and as applied to those continuing licenses any reference in this chapter to the date of expiration of any license shall be construed to mean the due date of the annual or other fee for the continuing license.
Sec. 4768.01. As used in this chapter:
(A) "Client" means a person who enters into a contract with a certified home inspector to retain for compensation the services of that certified home inspector to conduct a home inspection and to provide a written report on the condition of a residential building.
(B) "Home inspection" means the process by which a home inspector conducts a visual examination of the readily accessible components of a residential building for a client. "Home inspection" does not include pest inspections; environmental testing; inspection of any property or structure conducted by an employee or representative of an insurer licensed to transact business in this state under Title XXXIX of the Revised Code for purposes related to the business of insurance; or determination of compliance with applicable statutes, rules, resolutions, or ordinances, including, without limitation, building, zoning, or historic codes.
(C) "Certified home inspector" means an individual who holds a valid certification issued pursuant to section 4768.05 or 4768.08 of the Revised Code to conduct a home inspection for compensation.
(D) "Residential building" has the same meaning as in section 3781.06 of the Revised Code but also includes the individual dwelling units within an apartment or condominium complex containing four or more dwelling units.
(E) "Parallel inspection" means the process by which a certified home inspector observes and evaluates an on-site home inspection performed by an applicant for a home inspector certification and reviews and verifies the applicant's compliance with the standards of practice specified in section 4768.11 of the Revised Code, while concurrently performing the primary home inspection of the same residential building for the certified home inspector's client.
(F) "Activate" means to turn on, supply power to, or enable systems, equipment, or devices to become active by normal control means.
(G) "Alarm system" means a warning device, installed or freestanding, which includes, but is not limited to, a carbon monoxide detector, flue gas and other spillage detector, security equipment, or an ejector pump alarm.
(H) "Appliance" means a household device operated by the use of electricity or gas, but does not mean components covered under a central heating or air-conditioning system or a plumbing system.
(I) "Detrimental conditions" means any condition that, in the opinion of a certified home inspector, may be unsafe, unhealthy, or in any way harmful to the certified home inspector or to any other individuals using the residential building.
(J) "Dismantle" means to take apart or remove any component, device, or piece of equipment that would not be taken apart or removed by a client in the course of normal and routine maintenance.
(K) "Foundation" means the base upon which a structure or a wall rests that generally consists of masonry, concrete, or stone, and is partially underground.
(L) "Normal operating controls" include a thermostat, switch, or valve intended to be operated by a client.
(M) "Readily accessible" means available for visual inspection without requiring a person to move or dismantle personal property, take destructive measures, or take any other action that will involve risk to a person or to the property.
(N) "Representative number" means a sufficient amount to serve as a typical or characteristic example of the item inspected.
(O) "Shut down" means a state in which a system or component cannot be operated by normal operating controls.
(P) "Significantly deficient" means unsafe or not functioning.
(Q) "Solid fuel-burning appliances" means either of the following:
(1) A hearth and fire chamber or similarly prepared place in which a fire may be made and that is built in conjunction with a chimney;
(2) A listed assembly of a fire chamber, its chimney, and related factory-made parts designed for unit assembly without requiring field construction.
(R) "Structural component" means a component that supports non-variable forces or weights, known as dead loads, and variable forces or weights, known as live loads.
(S) "Unsafe" means a significant risk of personal injury during normal, day-to-day use that may be due to damage, deterioration, improper installation, or a change in accepted residential construction standards.
Sec. 4768.02. (A) No person shall conduct a home inspection or represent a qualification to conduct a home inspection for compensation unless that person is certified pursuant to this chapter as a home inspector.
(B) No person shall perform a home inspection unless it is performed pursuant to a written contract entered into between a certified home inspector and a client.
(C) No person shall perform a home inspection unless the home inspection conforms to requirements specified in sections 4768.10 to 4768.12 of the Revised Code.
Sec. 4768.03. Section 4768.02 of the Revised Code does not apply to any person described as follows if the person is acting within the scope of practice of the person's respective profession:
(A) A person who is employed by or whose services otherwise are retained by this state or a political subdivision of this state for the purpose of enforcing building codes;
(B) A person holding a valid certificate to practice architecture issued under Chapter 4703. of the Revised Code;
(C) A person registered as a professional engineer under Chapter 4733. of the Revised Code;
(D) A heating, ventilating, and air conditioning contractor, refrigeration contractor, electrical contractor, plumbing contractor, or hydronics contractor who is licensed under Chapter 4740. of the Revised Code or section 3781.102 of the Revised Code or who is licensed or registered under section 715.27 of the Revised Code;
(E) A real estate broker, real estate salesperson, foreign real estate dealer, or foreign real estate salesperson who is licensed under Chapter 4735. of the Revised Code;
(F) A real estate appraiser who is licensed under Chapter 4763. of the Revised Code;
(G) A public insurance adjuster who holds a valid certificate of authority issued under Chapter 3951. of the Revised Code or an employee or representative of an insurer licensed to transact business in this state under Title XXXIX of the Revised Code who conducts an inspection of any property or structure for purposes related to the business of insurance;
(H) A commercial applicator of pesticide who is licensed under Chapter 921. of the Revised Code.
Sec. 4768.04. (A) The superintendent of real estate and professional licensing shall adopt rules in accordance with Chapter 119. of the Revised Code to do all of the following:
(1) Establish standards to govern disciplinary proceedings the superintendent conducts and the reinstatement of home inspector certifications the superintendent suspends or revokes pursuant to those proceedings;
(2) Except as provided in division (B) of this section, establish the amount of any fees as required under this chapter, the amount of which shall be sufficient to defray necessary expenses incurred in the administration of this chapter.
(3) Specify the information that must be provided on an application for certification under this chapter;
(4) Establish procedures for processing, approving, and denying applications for certification under this chapter;
(5) Establish the administrative reporting and review requirements for parallel inspections to assure compliance with the requirements of this chapter;
(6) Establish procedures to approve an institution, organization, company, or individual who desires to provide courses or programs to enable certified home inspectors to meet the continuing education requirements specified in section 4768.06 of the Revised Code;
(7) Establish procedures to assure continuing education requirements are updated periodically to make those requirements consistent with home inspection industry practices;
(8) Establish reporting requirements for a certified home inspector to follow to demonstrate that the certified home inspector successfully completed the continuing education requirements specified in section 4768.06 of the Revised Code, and procedures for the superintendent to follow to determine the veracity of the certified home inspector's continuing education report;
(9) In accordance with division (C) of this section, issue a home inspector certification to, or renew a home inspector certification for, any person who satisfies the requirements specified in this chapter for such certification or renewal;
(10) Retain all certification application materials submitted to the superintendent for a period of seven years after the date of the receipt of the materials and maintain a register of the names and addresses of all individuals to whom the superintendent has issued or renewed a certification for a period of seven years after the date of issuance, renewal, or expiration of a certification, whichever is later;
(11) Provide each applicant with a copy of the requirements for home inspections specified in sections 4768.10 to 4768.12 of the Revised Code, and make those requirements available to the public by posting them on the web site maintained by the department of commerce;
(12) Specify the format and content of all affidavits and other documents required for the administration of this chapter;
(13) Specify the procedures for approving any continuing education curriculum required under this chapter.
(B) The fee for applying for and receiving a certification issued under section 4768.05 of the Revised Code shall be five hundred dollars. The amount of any fee for renewal of a certification under section 4768.07 of the Revised Code shall be thirty-nine dollars. The superintendent may adopt rules in accordance with Chapter 119. of the Revised Code to increase the renewal fee by no more than fifty per cent of the fee.
(C) The superintendent shall issue a certification only to an individual and shall not issue a certification to a corporation, limited liability company, partnership, or association, although a certified home inspector may sign a home inspection report in a representative capacity on behalf of those entities.
Sec. 4768.05. (A) To obtain a certification to perform home inspections, an individual shall submit an application to the superintendent of real estate and professional licensing on a form the superintendent provides, together with the fee specified in section 4768.04 of the Revised Code, and satisfy the requirements set forth in this section. The application shall include all of the following:
(1) A pledge the applicant signs, agreeing to comply with sections 4768.10 to 4768.12 of the Revised Code;
(2) A statement that the applicant understands the grounds for any disciplinary action that may be initiated under this chapter;
(3) Proof of holding a comprehensive general liability insurance policy or a commercial general liability insurance policy in accordance with section 4768.09 of the Revised Code;
(4) Proof of having performed at least ten parallel inspections in the on-site presence of a certified home inspector;
(5) Proof of successfully passing, within two years before the date of the application, a home inspector examination administered by the examination board of professional home inspectors or any other national standardized home inspector examination that the superintendent considers to be an appropriate measure of whether a person is competent to practice as a certified home inspector;
(6) Proof of successfully completing a course of education of at least eight hours that includes instruction about compliance with the requirements specified in this chapter, inspection safety, report writing, and any other administrative matters required by the superintendent, but need not include instruction about the technical knowledge necessary to evaluate the condition of a residential building or the functionality of its individual components;
(7) Proof that the applicant is at least eighteen years of age;
(8) Proof that the applicant has graduated from the twelfth grade, received a general educational development diploma, or satisfactorily completed a program that is the equivalent to graduating from the twelfth grade or receiving a general educational development diploma;
(9) Any other information the superintendent requires that the superintendent determines is relevant to receiving a certification to practice as a certified home inspector.
(B) In determining whether an examination is an appropriate measure of whether a person is competent to practice as a certified home inspector under division (A)(5) of this section, the superintendent shall determine whether the examination is valid and reliable under all applicable state and federal standards.
(C) The act of submitting an application to the superintendent does not create, shall not be construed as creating, and is not intended to indicate home inspector certification.
Sec. 4768.06. During each two-year period during which a certification is valid, a certified home inspector shall successfully complete not less than thirty hours of continuing education instruction in courses or seminars directly applicable to the standards of practice described in sections 4768.10 to 4768.12 of the Revised Code.
The superintendent of real estate and professional licensing shall accept only those courses or seminars the superintendent preapproves for credit toward satisfying the requirements set forth in this section. The superintendent shall not include parallel inspections completed by a person for credit toward satisfying the continuing education requirements specified in this section.
The superintendent shall approve only those courses or seminars offered by a person who satisfies the following requirements:
(A) The person derives the majority of the person's gross annual revenue from providing education or training.
(B) The person uses instructors who satisfy either of the following requirements:
(1) If an instructor teaches in a field that requires a person to have certain credentials to practice in that field, the instructor has at least enough credentials to practice in that field.
(2) If an instructor teaches in a field that does not require a person to possess certain credentials to practice in that field, the superintendent determines that the instructor has meaningful experience and qualifications generally recognized as necessary to successfully practice in that field.
(C) Any other requirements relevant to the practice of home inspection established in rules that the superintendent adopts.
The superintendent may charge each person an annual fee, not to exceed one thousand five hundred dollars, to obtain approval to offer such courses and seminars.
Sec. 4768.07. (A) Any home inspector certification issued or renewed pursuant to this chapter expires two years after the date of issuance or renewal.
(B)(1) To renew a home inspector certification, a certified home inspector shall file a renewal application within the ninety-day period immediately preceding the date the certification expires with the superintendent of real estate and professional licensing pursuant to the procedures set forth in Chapter 4745. of the Revised Code, along with proof of holding or being covered by a comprehensive general liability insurance policy or a commercial general liability insurance policy in accordance with section 4768.09 of the Revised Code and proof of satisfying the continuing education requirements specified in section 4768.06 of the Revised Code.
(2) A certified home inspector who fails to renew a certification before its expiration may, during the three months following the expiration, renew the certification by following the procedures in division (B)(1) of this section and paying a late fee in an amount the superintendent establishes. A certified home inspector who applies for a late renewal pursuant to this division shall not engage in any activities the certification being renewed permits until the superintendent notifies the certified home inspector that the certified home inspector's certification has been renewed.
(3) A certified home inspector who fails to renew a certification prior to its expiration or during the three months following its expiration may obtain a certification by complying with the application procedures and meeting the requirements for obtaining a certification set forth in section 4768.05 of the Revised Code, and by paying the application fee specified in section 4768.04 of the Revised Code.
(C) The superintendent shall not renew a certification if any of the following conditions apply:
(1) The certified home inspector is in violation of any provision of this chapter or order of the superintendent;
(2) The certified home inspector fails to submit proof of holding a comprehensive general liability insurance policy or a commercial general liability insurance policy in accordance with section 4768.09 of the Revised Code;
(3) The certified home inspector fails to submit proof of satisfying the continuing education requirements specified in section 4768.06 of the Revised Code.
(D) A certified home inspector who fails to submit the proof required under division (C)(2) or (3) of this section may obtain a certification by following the application procedures and meeting the requirements for obtaining certification set forth in section 4768.05 of the Revised Code and by paying the application fee specified in section 4768.04 of the Revised Code.
Sec. 4768.08. The superintendent of real estate and professional licensing may issue a home inspector certification to an individual who holds a license, registration, or certification as a home inspector in another jurisdiction if that individual submits an application on a form the superintendent provides, pays the fee the superintendent prescribes, and satisfies all of the following requirements:
(A) The individual is licensed, registered, or certified as a home inspector in a jurisdiction the superintendent determines grants the same privileges to persons certified under this chapter as this state grants to persons in that jurisdiction, and that jurisdiction has licensing, registration, or certification requirements that are substantially similar to, or exceed, those of this state.
(B) The individual is familiar with and will abide by this chapter.
(C) The individual agrees to all of the following in a written statement that the individual submits to the superintendent:
(1) To provide the superintendent the name and address of an agent to receive service of process in this state or that the individual authorizes the superintendent to act as agent for that individual;
(2) That service of process in accordance with the Revised Code is proper and the individual is subject to the jurisdiction of the courts of this state;
(3) That any cause of action arising out of the conduct of the individual's business in this state shall be filed in the county in which the events that gave rise to that cause of action occurred.
Sec. 4768.09. Every certified home inspector shall maintain, or be covered by, a comprehensive general liability insurance policy or a commercial general liability insurance policy with coverage limits of not less than one hundred thousand dollars per occurrence and not less than a three hundred thousand dollar aggregate limit, providing coverage against liability of the certified home inspector for loss, damage, or expense as a result of an act that occurred while the certified home inspector was on the premises performing a home inspection. If the employer of a certified home inspector maintains such an insurance policy covering the certified home inspector, the certified home inspector is not required to maintain the certified home inspector's own comprehensive general liability insurance policy or commercial general liability insurance policy.
Sec. 4768.10. (A) The standards of practice specified in this section and section 4768.11 of the Revised Code shall be the minimum standards of practice for certified home inspectors. The superintendent of real estate and professional licensing may adopt rules in accordance with Chapter 119. of the Revised Code to establish additional standards of practice on the condition that those rules do not conflict with this section or section 4768.11 of the Revised Code. A certified home inspector shall perform a home inspection in accordance with the standards of practice specified in this section and section 4768.11 of the Revised Code and any additional standards of practice established in rules adopted by the superintendent. All home inspections shall include a written report of the visual examination performed by the certified home inspector.
(B)(1) A certified home inspector shall do both of the following when conducting a home inspection:
(a) Inspect readily accessible systems and components and installed systems and components specifically listed in this section;
(b) Report, in writing, on those systems and components inspected that, in the professional opinion of the certified home inspector, are significantly deficient; the reasons the systems or components are significantly deficient; the certified home inspector's recommendation for subsequent action; and any systems or components that are present at the time of the home inspection and of which an inspection is required under this section but was not performed, and the reason those systems or components were not inspected.
(2) The standards of practice listed in this section do not limit the ability of a certified home inspector from doing any of the following:
(a) Including other inspection services or inspecting systems or components in addition to those required by this section;
(b) Specifying repairs;
(c) If a client requests, excluding systems and components from an inspection.
(C)(1) With regard to the site of a home inspection, a certified home inspector shall do all of the following in accordance with division (B) of this section:
(a) Inspect the building perimeter, land grading, window wells, and surface water drainage on the site; the walkways, patios, driveways, and grade steps leading to entrances of the residential building being inspected; the retaining walls and other items contiguous with the residential building; and the trees or vegetation on the site if those trees or vegetation are likely to adversely affect the residential building;
(b) Describe the types of materials and conditions of the various components described in division (C)(1)(a) of this section;
(c) Include in the report required under division (B)(1)(b) of this section a description of any site conditions specified in division (C)(1)(a) of this section that adversely affect the residential building.
(2) With respect to the site of a home inspection, a certified home inspector is not required to do either of the following:
(a) Inspect the fences or privacy walls; outbuildings or recreational facilities, seawalls, break-walls, or docks; or the erosion control and earth stabilization measures.
(b) Evaluate the condition of trees, shrubs or other vegetation; soil, geological, geotechnical, or hydrological conditions or potential changes thereto; or the site engineering or property boundaries.
(D)(1) With respect to the structural system of a residential building that is the subject of a home inspection, a certified home inspector shall do both of the following in accordance with division (B) of this section:
(a) Inspect the foundation for indications of settlement, flooding, moisture, or water penetration; the condition of grade slab, load bearing walls, posts, piers, beams, joists, and trusses; the framing, subfloors, stairs, and other structural components; and the foundation, basement, or crawlspace insulation, ventilation and vapor barriers.
(b) Describe the types of and materials used in the foundation, floor structure, wall structure, ceiling structure, ventilation, and insulation of the residential building; the grade slab, basement, or crawlspace ventilation and vapor barriers; the condition of the various structural components described in division (D)(1)(a) of this section; and any absence of insulation in any unfinished spaces of the foundation, floors, walls, or ceilings.
(2) With respect to the structural system of a residential building that is the subject of a home inspection, a certified home inspector is not required to do any of the following:
(a) Enter a subfloor crawl space that has an entrance or headroom of less than twenty-four inches or that has obstructions or other detrimental conditions or areas that, in the certified home inspector's opinion, may contain conditions or materials hazardous to the health and safety of the certified home inspector;
(b) Move stored items or debris or perform an excavation to gain access to an area;
(c) Provide any engineering or architectural services;
(d) Offer an opinion as to the adequacy of any structural system or component described in division (D)(1)(a) of this section;
(e) Disturb any insulation or vapor retarders.
(E) With respect to the exterior of a residential building that is the subject of a home inspection, a certified home inspector shall do both of the following in accordance with division (B) of this section:
(1) Inspect the exterior wall covering, flashing, trim, and protective coatings; all exterior doors and windows; the eaves, soffits, and fascias where visible; any attached deck, balcony, stoop, steps, porch, and all railings associated with those items; and the visible exterior portions of chimneys.
(2) Describe the types of and materials comprising the exterior components inspected and the condition of the various exterior components.
(F)(1) With respect to the roof system of a residential building that is the subject of a home inspection, a certified home inspector shall do all of the following in accordance with division (B) of this section:
(a) Inspect the roof covering and visible flashing; any components used to carry water off a roof and away from a residential building; the skylights, chimneys, and roof penetrations; the roof framing, sheathing, and decking; the attic insulation and ventilation; and the attic ventilation equipment if readily accessible.
(b) Describe the type of roof covering, gutters, and downspouts; the type of roof structure and sheathing; the type of attic insulation and its approximate thickness; and any evidence of and the location of water penetration.
(c) Include in the report required under division (B)(1)(b) of this section a description of the methods used to inspect the roof covering and attic space, the presence and type of roof or attic ventilation, and the location and extent of any observed moisture penetration.
(2) With respect to the roof system of a residential building that is the subject of a home inspection, a certified home inspector is not required to do any of the following:
(a) Inspect antennas, lightning arresters, or other installed accessories; interiors of flues or chimneys that are not readily accessible; internal gutter and downspout systems and related underground drainage piping; or thermostats and humidistats for attic ventilation equipment;
(b) Walk on or access a roof if damage to the roof or roofing material could occur or it is unsafe for the certified home inspector to do so;
(c) Remove snow, ice, debris, or other objects that prohibit the observation of the roof surfaces;
(d) Operate powered roof ventilators;
(e) Determine the remaining life expectancy of any roof coverings, the presence or absence of hail damage, whether any manufacturers' defects are present, or the number of layers of roof covering;
(f) Determine the adequacy of the roof ventilation;
(g) Enter attic spaces that have a headroom of less than forty-eight inches, the measurement of which includes any insulation covering the ceiling joists or bottom truss cord, or if obstructions or other detrimental conditions exist;
(h) Break or otherwise damage the surface finish or weather seal on or around access panels and covers.
(G) With respect to a garage or carport that is the subject of a home inspection, a certified home inspector shall do both of the following in accordance with division (B) of this section:
(1) Inspect the exterior and interior walls and ceilings, floors, windows, doors, roof, and foundation; the electrical system and components of that system; the plumbing system and components of that system; the heating system or unit; and the garage door opening system.
(2) Describe the type of and materials that make up the door, exterior walls, roof, and other items to be inspected; and the garage door opening system and operation, including any automatic reverse mechanism.
(H)(1) With respect to the electrical system used in a residential building that is the subject of a home inspection, a certified home inspector shall do all of the following in accordance with division (B) of this section:
(a) Inspect the entrance of the primary service from masthead to main panel; the service entrance conductors, cables, and raceways; the service equipment and main disconnects; the service grounding; the interior components of service panels and subpanels; the conductors; the overcurrent protection devices; a representative number of installed lighting fixtures, switches, and receptacles; and the ground fault circuit interrupters and smoke detectors.
(b) Describe the types and location of primary service and overcurrent protection devices, the amperage and voltage rating of the service provided, the locations of main disconnect and subpanels, and identify the electrical conductors or wires by their general type, including non-metallic sheathed cable, armored cable, or a knob and tube.
(c) Include in the report required under division (B)(1)(b) of this section a description of the presence of solid conductor aluminum branch circuit wiring, the absence of smoke detectors, and any visible condition that may constitute a safety or fire hazard.
(2) With respect to the electrical system used in a residential building that is the subject of a home inspection, a certified home inspector is not required to do any of the following:
(a) Inspect any remote control devices used to operate the electrical system unless the system has only one remote device, in which case the certified home inspector shall inspect that device in addition to the components and systems described in division (H)(1)(a) of this section;
(b) Inspect any alarm system and the components of that system; any low voltage wiring or system, and any components of that system; any ancillary wiring system and any components of that system that are not a part of the primary electrical distribution system; or any electrical equipment not readily accessible.
(c) Measure amperage, voltage, or impedance;
(d) Insert any tool, probe, or testing device into any main panel or subpanel;
(e) Activate any electrical system or branch circuits that are not energized;
(f) Operate any overload protection devices;
(g) Dismantle any electrical device or control or move objects, furniture, or appliances to gain access to any electrical component.
(I)(1) With respect to the plumbing system used in a residential building that is the subject of a home inspection, a certified home inspector shall do all of the following in accordance with division (B) of this section:
(a) Inspect the visible water supply and distribution systems including all fixtures and faucets, and conduct tests to determine whether a sufficient water flow to provide an uninterrupted supply of water to the highest, unrestricted tap exists when a single, intermediate, unrestricted tap is operated simultaneously with the highest, unrestricted tap;
(b) Inspect the visible drain, waste, and vent systems, including all fixtures associated with those systems, and conduct tests to determine whether a drain empties in a reasonable amount of time and is not subject to overflow when one of the drain's supply faucets is operating;
(c) Inspect the domestic hot water heating equipment, its fuel source and vent systems, flues, and chimneys; the oil, propane, or natural gas storage or distribution systems including all appliance valves and connectors;
(d) Inspect the drainage pump system and operate that system if possible;
(e) Describe the types of and materials used for the water supply, drain, waste, and vent piping; the water heating equipment, including its capacity and energy source; and the location of the main water and main fuel shut-off valves.
(2) With respect to the plumbing system used in a residential building that is the subject of a home inspection, a certified home inspector is not required to do any of the following:
(a) Inspect any of the following:
(i) Any system that is shut down or secured;
(ii) Any plumbing components that are not readily accessible;
(iii) Any plumbing fixture overflow system to verify system function;
(iv) Any fire sprinkler system or lawn sprinkler system;
(v) Any water conditioning equipment, including softener and filter systems;
(vi) The interiors of flues or chimneys that are not readily accessible; any wells, well pumps, or any water storage related equipment;
(vii) Any private waste disposal system including cesspools, septic tanks, drain fields, and related piping and equipment;
(viii) Any solar water heating system.
(b) Except as provided in division (I)(1)(d) of this section, operate any main, branch, safety, shut-off, or fixture valves except faucets; or any sump pump that is equipped with internal or water dependant switches;
(c) Determine the quantity, quality, or temperature of the water supply;
(d) Determine whether the water supply and the waste disposal system are public or private;
(e) Open any sealed sanitary sumps.
(J)(1) With respect to the heating system used in a residential building that is the subject of a home inspection, a certified home inspector shall do all of the following in accordance with division (B) of this section:
(a) Inspect the installed heating equipment, including normal operating controls, heating distribution, and any blower motors, filters or pumps, and open only those access panels used for homeowner maintenance.
(b) Inspect the fuel source, ventilation system, flue, chimney, and any permanently installed auxiliary heating unit.
(c) Describe the heating method the system uses by its distinguishing characteristics, including fuel type and source, heating equipment, and distribution system; and the operation, if possible, of the heating system using the normally accessible control devices.
(d) Include in the report required under division (B)(1)(b) of this section a notation indicating the absence of a radiator, convector unit, radiant panel, heat pipe, ductwork, grill, register, or other device from which heat is intended to be emitted in any of the rooms or spaces used for sitting, sleeping, bathing, eating, or cooking, or that include a toilet.
(2) With respect to the heating system used in a residential building that is the subject of a home inspection, a certified home inspector is not required to do any of the following:
(a) Inspect the interiors of flues or chimneys that are not readily accessible, the heat exchanger, any solar space heating system, or any heating system accessories, including but not limited to, humidifiers, dehumidifiers, air purifiers, motorized dampers, or heat reclaimers.
(b) Determine the capacity, adequacy, efficiency, or distribution balance of the heating system;
(c) Activate or operate any heating system that does not respond to normal operating controls or has been shut down, or a heat pump in the heating mode when the ambient temperature is above sixty-five degrees fahrenheit.
(d) Dismantle any equipment, controls, or gauges;
(e) Evaluate the type of material contained in insulation or wrapping of pipes, ducts, jackets, and boilers.
(K)(1) With respect to any air conditioning system used in a residential building that is the subject of a home inspection, a certified home inspector shall do both of the following in accordance with division (B) of this section:
(a) Inspect any installed central and through wall cooling equipment, including exterior units, normal operating controls, refrigerant lines, condensate removal, and electrical disconnects, and open only access panels used for homeowner maintenance;
(b) Describe the cooling method the system uses by its distinguishing characteristics, including its energy source, cooling equipment, and distribution methods, and the operation of the air conditioning system using the normally accessible controls.
(2) With respect to any air conditioning system used in a residential building that is the subject of a home inspection, a certified home inspector is not required to do any of the following:
(a) Inspect any gas-fired refrigeration systems, portable cooling units, or window mounted air-conditioning units;
(b) Determine the capacity, adequacy, efficiency, or distribution balance of the cooling system;
(c) Check the pressure of the system coolant or determine the presence of any leakage;
(d) Operate any air conditioning equipment or systems, or heat pump equipment in cooling mode, if the exterior temperature is below sixty-five degrees fahrenheit or was below sixty-five degrees fahrenheit during the twenty-four hour period immediately preceding the inspection, when circumstances are not conducive to the safe operation of the system, or damage to any equipment may result.
(e) Activate or operate a cooling system that does not respond to normal operating controls or has been shut down.
(f) Check the electrical current drawn by the unit or system.
(g) Disassemble any components or equipment.
(L)(1) With respect to the interior of a residential building that is the subject of a home inspection, a certified home inspector shall do all of the following in accordance with division (B) of this section:
(a) Inspect the walls, ceilings, floors, steps, stairways, balconies, railings, and countertops; a representative number of installed cabinets, doors, windows, outlets, light switches, and light fixtures; the bath and kitchen exhaust ventilation systems; and, except as otherwise specified in division (L)(2)(e) of this section, any permanently installed kitchen appliances.
(b) Describe the types of and materials used in the walls, ceilings, floors, cabinets, and countertops; the types of permanently installed kitchen appliances; and the types of, materials used in, and the operation of a representative number of windows and doors, and the hardware used in those windows and doors.
(c) Include in the report required under division (B)(1)(b) of this section a description of any evidence of water intrusion.
(2) With respect to the interior of a residential building that is the subject of a home inspection, a certified home inspector is not required to inspect any of the following:
(a) The paint, wallpaper, and other finish treatments;
(b) Any carpeting or window treatments;
(c) Any household appliances that are designed to be portable;
(d) Any central vacuum system;
(e) Any permanently installed kitchen appliances to determine the quality or level of performance or efficiency.
(M)(1) With respect to any fireplace or solid fuel-burning appliance used in a residential building that is the subject of a home inspection, a certified home inspector shall do both of the following in accordance with division (B) of this section:
(a) Inspect the fireplace system components, including fireboxes, dampers, and hearths; any visible ventilation systems, flues, and chimneys; and any wood stoves or fireplace inserts.
(b) Describe the fireplace or solid fuel-burning appliance and the chimney.
(2) With respect to any fireplace or solid fuel-burning appliance used in a residential building that is the subject of a home inspection, a certified home inspector is not required to do any of the following:
(a) Inspect the interiors of flues or chimneys; the firescreens, doors, seals, or gaskets; the automatic fuel feed device; the mantel and fireplace surrounds; the combustion make-up air device; or the heat distribution assist, regardless of whether the assist is gravity controlled or fan assisted.
(b) Ignite a fire in the fireplace or stove to determine the adequacy of draft;
(c) Perform a chimney smoke test;
(d) Evaluate the installation or adequacy of any inserts, wood-burning stoves, or other modifications in a fireplace, stove, or chimney.
(e) Determine any clearance to any combustibles located in concealed areas;
(f) Move any fireplace inserts or stove or firebox contents.
Sec. 4768.11. (A) Inspections performed in accordance with section 4768.10 of the Revised Code shall be predominantly visual in nature, are not considered technically exhaustive, and do not involve dismantling property, extensively using advanced techniques of evaluation, taking measurements, using instruments, testing components not specified in section 4768.10 of the Revised Code, or making calculations. A certified home inspector is not required to identify concealed conditions or latent defects. These inspections exclude any item that is concealed or not readily accessible to the certified home inspector. An inspection performed pursuant to that section is not an express or implied warranty or guarantee of the adequacy, performance, or useful life of any item, component, or system in, on, or about the inspected property. A certified home inspector is not required to perform any action or make any determination unless specifically stated in that section unless a lawful authority requires additional actions or determinations.
(B) A certified home inspector is not required to determine any of the following:
(1) The condition of systems or components that are not readily accessible;
(2) The remaining life of any system or components;
(3) The strength, adequacy, effectiveness, or efficiency of any system or component;
(4) The cause of any condition or deficiency;
(5) Any methods, materials, or costs of correction;
(6) Any future conditions including, but not limited to, the failure of systems and components;
(7) The suitability of the property for any specialized use;
(8) Compliance with any regulatory requirements;
(9) The market value of the residential building or its marketability;
(10) The advisability of the purchase of the residential building;
(11) The presence of any potentially hazardous plants or animals including, but not limited to, wood destroying organisms or of diseases harmful to humans;
(12) The presence of any environmental hazards including, but not limited to, toxins, carcinogens, noise, and contaminants in the soil, water, or air;
(13) The effectiveness of any system installed or methods used to control or remove suspected hazardous substances;
(14) The operating costs of any system or component;
(15) Any acoustical properties of any system or component;
(16) The property boundary lines or any encroachments on the property.
(C) A certified home inspector is not required to do any of the following:
(1) Offer or perform any act or service contrary to law;
(2) Offer or perform any engineering services;
(3) Offer or perform any work in any trade or any professional service other than home inspection;
(4) Offer any warranties or guarantees of any kind;
(5) Perform any procedure or operation that will, in the opinion of the certified home inspector, likely be dangerous to the certified home inspector or other persons or damage the property or its systems or components;
(6) Move any suspended ceiling tiles, floor coverings, personal property, furniture, equipment, plants, soil, snow, ice, or debris;
(7) Dismantle any system or component, except as required in this section;
(8) Use any special instruments or testing devices, including amp meters, moisture meters, gas detectors, or similar equipment;
(9) Determine or evaluate any magnetic fields.
(D) A certified home inspector is not required to operate any system or component that is shut down or otherwise inoperable or that does not respond to normal operating controls, or any shut-off valves.
(E) A certified home inspector is not required to enter any area that will, in the opinion of the certified home inspector, likely be dangerous to the certified home inspector or other persons or damage the property or its systems or components, or any attics that are not readily accessible or any area within the confines of a foundation and between the ground and the underside of the first floor immediately above the foundation that is not readily accessible by the certified home inspector.
(F) A certified home inspector is not required to inspect any of the following:
(1) Any underground items including, but not limited to, any underground storage tanks or other underground indications of their presence, whether abandoned or active;
(2) Any uninstalled systems or components;
(3) Any item that is ornamental in nature and that is not required for the operation of the essential systems and components of a residential building;
(4) Any systems or components located in areas that the certified home inspector does not enter in accordance with section 4768.10 of the Revised Code;
(5) Any detached structures other than the principal garage or carport;
(6) Any common elements or common areas in multi-unit housing such as condominium properties or cooperative housing;
(7) Any household systems and components that are not required to be inspected under section 4768.10 of the Revised Code including, but not limited to, appliances other than kitchen appliances, alarm systems, intercoms, speaker systems, radio controlled devices, security devices, central vacuum equipment and lawn irrigation systems;
(8) Any recreational facilities, equipment, or associated accessories.
Sec. 4768.12. A certified home inspector shall perform services and express opinions only within the certified home inspector's areas of education, training, or experience. A certified home inspector shall not disclose inspection results or client information without client approval.
A certified home inspector shall report substantive and willful violations of this chapter to the superintendent of real estate and professional licensing. A certified home inspector shall avoid all conflicts of interest or activities that compromise, or appear to compromise, the professional independence and objectivity or inspection integrity of the certified home inspector. A certified home inspector shall not do any of the following:
(A) Inspect a property for compensation in which the certified home inspector has, or expects to have, a financial interest.
(B) Inspect a property under a contingency arrangement that specifies that any compensation or future referrals are dependent on reported findings or on the sale of the property.
(C) Directly or indirectly compensate any real estate agent or any other party who has a financial interest in the closing or settlement of any real estate transactions for referring that certified home inspector to potential clients or for including that certified home inspector in a list of recommended certified home inspectors or preferred providers, or for any similar arrangement.
(D) Accept compensation for a home inspection from more than one party without a written agreement to do so that is signed by all parties.
(E) Conduct a home inspection or prepare a home inspection report for which the certified home inspector's fee is contingent upon the conclusions in the report.
(F) Accept compensation, directly or indirectly, for recommending contractors, services, or products to a client or another party who has an interest in the inspected property.
Sec. 4768.13. (A) The superintendent of real estate and professional licensing shall investigate complaints against certified home inspectors on receipt of a complaint concerning any alleged violation of this chapter. The superintendent may employ investigators and auditors to assist in investigating complaints and conducting investigations, audits, and other inquiries that the superintendent considers appropriate to enforce this chapter. The investigators and auditors may review and audit, during normal business hours, the certified home inspector's business records that are directly related to complaints.
(B) All information related to investigations and audits is confidential and is not a public record under section 149.43 of the Revised Code.
Sec. 4768.14. (A) If, upon examining the results of an investigation, the superintendent of real estate and professional licensing determines that a certified home inspector has violated this chapter or engaged in an activity described in divisions (A) to (G) of section 4768.15 of the Revised Code, the superintendent, in accordance with the notice and hearing requirements prescribed in Chapter 119. of the Revised Code, shall order the disciplinary action the superintendent considers appropriate, which may include any one or more of the following:
(1) A reprimand;
(2) Suspension of the certification until the certified home inspector complies with conditions the superintendent establishes;
(3) Suspension of the certification for a specific period of time;
(4) Revocation of the certification.
(B) The superintendent shall appoint a hearing officer to conduct adjudication hearings in accordance with Chapter 119. of the Revised Code. The superintendent shall appoint a person who has been admitted to the practice of law in this state and has experience in the area of home inspections to serve as the hearing officer.
In accordance with section 119.09 of the Revised Code, after conducting a hearing, a hearing officer shall submit to the superintendent a report of the hearing and a recommendation for the action to be taken against the certified home inspector. All parties may file objections to the report and recommendations as permitted under that section, and the superintendent shall issue an order in accordance with the procedures prescribed in that section.
(C) The decision and order of the superintendent is final, subject to review in the manner provided in Chapter 119. of the Revised Code and appeal to the court of common pleas in Franklin county.
Sec. 4768.15. The superintendent of real estate and professional licensing may refuse to issue or renew a certification if the applicant for the certification or renewal has done any of the following:
(A) Accepted compensation from more than one interested party for the same service without the written consent of all interested parties;
(B) Accepted commissions or allowances, directly or indirectly, from other parties dealing with a client in connection with the home inspection for which the certified home inspector is responsible, without the express written approval of the client or the client's representative.
(C) Repaired, replaced, or upgraded, or solicited to repair, replace, or upgrade, for compensation, systems or components specified in section 4768.10 of the Revised Code in a residential building within one year after completing a home inspection of that residential building;
(D) Failed to disclose promptly to a client written information about any business interest of the certified home inspector that may affect the client in connection with the home inspection;
(E) Pleaded guilty to or been convicted of, in a court of competent jurisdiction, any crime of moral turpitude or a felony, or an equivalent offense under the laws of any other state or the United States, or was required to register under Chapter 2950. of the Revised Code;
(F) Failed to satisfy the continuing education requirements specified in section 4768.06 of the Revised Code;
(G) Failed to maintain or be covered by a comprehensive general liability insurance policy or a commercial general liability insurance policy as required under section 4768.09 of the Revised Code;
(H) Violated a provision of this chapter.
Sec. 4768.16. The superintendent of real estate and professional licensing may apply to any court of common pleas to enjoin a violation of this chapter. Upon a showing by the superintendent that a person has violated or is violating this chapter, the court shall grant an injunction, restraining order, or other appropriate relief.
Sec. 4768.17. (A) Except as provided in divisions (B) and (C) of this section, nothing in this chapter shall be construed to create or imply a private cause of action against a certified home inspector for a violation of this chapter if that action is not otherwise maintainable under common law.
(B) An action for damages that is based on professional services that were rendered or that should have been rendered by a certified home inspector shall not be brought, commenced, or maintained unless the action is filed within one year after the date that the home inspection is performed.
(C) Before bringing, commencing, or maintaining an action under division (B) of this section, a client shall notify the certified home inspector of the alleged deficiencies and shall allow the certified home inspector the opportunity to review and remedy the alleged deficiencies. The statute of limitations specified in division (B) of this section shall be tolled for the period that begins on the date the client notifies the certified home inspector of the alleged deficiencies and that ends on the date that the certified home inspector reviews, declines to review, remedies, or declines to remedy the alleged deficiencies, whichever comes later.
(D) The remedies provided under sections 4768.13 to 4768.15 of the Revised Code are the exclusive remedies for alleged violations of section 4768.12 of the Revised Code.
Sec. 4768.18. The superintendent of real estate and professional licensing shall deposit all money collected under this chapter in the state treasury to the credit of the home inspectors fund, which is hereby created. Money credited to the fund shall be used solely by the superintendent to pay costs associated with the administration and enforcement of this chapter.
Sec. 4768.19. On receipt of a notice pursuant to section 3123.43 of the Revised Code, the superintendent of real estate and professional licensing shall comply with sections 3123.41 to 3123.50 of the Revised Code and any applicable rules adopted under section 3123.63 of the Revised Code with respect to a certification issued pursuant to this chapter.
Sec. 4768.99. Whoever violates division (A) of section 4768.02 of the Revised Code is guilty of a misdemeanor of the third degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
Section 2. That existing sections 121.08 and 4745.01 of the Revised Code are hereby repealed.
Section 3. Section 4768.02 of the Revised Code takes effect two hundred ten days after the effective date of this act.
Section 4. Not later than one hundred eighty days after the effective date of this act, the Superintendent of Real Estate and Professional Licensing shall establish the standards and procedures required under this act.
Section 5. (A) Notwithstanding section 4768.05 of the Revised Code, as enacted by this act, and except as provided under section 4768.15 of the Revised Code, as enacted by this act, during the period of time beginning on the effective date of this act and ending ninety days after that date, the Superintendent of Real Estate and Professional Licensing shall issue a home inspector certification if an individual applies for certification on a form the Superintendent provides and pays the fee specified in section 4768.04 of the Revised Code, as enacted by this act, and if the applicant demonstrates all of the following:
(1) Proof of maintaining or being covered by a comprehensive general liability insurance policy or a commercial general liability insurance policy in accordance with section 4768.09 of Revised Code, as enacted by this act;
(2) Proof of having successfully completed a course of education of at least eight hours that includes instruction regarding compliance with the requirements of Chapter 4768. of the Revised Code, as enacted by this act, inspection safety, report writing, and any other administrative matters as may be established by the Superintendent, but need not include instruction regarding the technical knowledge necessary to evaluate the condition of a residential building or the functionality of its individual components.
(3) Proof by direct documentation or signed affidavit attesting to having met any one of the following requirements to demonstrate participation in the home inspection field at least ninety days before the effective date of this act:
(a) Having performed at least two hundred home inspections for a client for compensation;
(b) Having successfully passed a home inspector examination specified in division (A)(5) of section 4768.05 of the Revised Code, as enacted by this act;
(c) Having actively operated a home inspection business in this state for three years before the effective date of this act under a business name officially registered with the Secretary of State;
(d) Having been employed as a home inspector for the consecutive thirty-six months before the effective date of this act by an inspection company or individual whose owner or manager meets the certification requirement specified in this section.
(4) Proof of signing a pledge agreeing to comply with the requirements specified in sections 4768.10 to 4768.12 of the Revised Code, as enacted by this act;
(5) In a written statement, acknowledge that the individual understands the grounds for any disciplinary action that may be initiated under Chapter 4768. of the Revised Code, as enacted by this act.
(B) Any certification issued under this section shall expire two years after the date the certification was issued. A certified home inspector may renew the certified home inspector's certification in accordance with section 4768.07 of the Revised Code, as enacted by this act.
(C) As used in this section, "home inspection" and "residential building" have the same meaning as in section 4768.01 of the Revised Code, as enacted by this act. "Home inspector" means an individual who conducts home inspections for compensation.