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The Official Website of the Office of Consumer Affairs & Business Regulation (OCABR)

Consumer Affairs and Business Regulation Rules and Regulations Governing Home Inspectors 266 CMR 1.00 - 11.00    

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266 CMR 1.00: Reserved 266 CMR 2.00: Definitions 266 CMR 3.00: Procedure For Registration 266 CMR 4.00: Associate Home Inspector Training Program Requirements 266 CMR 5.00: Continuing Education 266 CMR 6.00: Standards of Practice 266 CMR 7.00: Reserved 266 CMR 8.00: Professional Competence and Conduct 266 CMR 9.00: Complaint Process 266 CMR 10.00: Procedures For Hearings and Appeals 266 CMR 11.00: Insurance Requirements For Limited Liability Corporations and Limited Liability Partnerships © 2013 Commonwealth of Massachusetts.

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The Statute

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Acts 1999 CHAPTER 146 AN ACT PROVI DING FOR THE LI CENSING OF HOME INSPECTORS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.Chapter 13 of the General Laws is hereby amended by adding the following two sections:Section 96. There is hereby established within the division of registration, a board of registration of home inspectors. Said board shall consist of five members to be appointed by the governor for terms of three years. The members so appointed shall be residents of the commonwealth, three of whom shall be licensed home inspectors who have been actively engaged in the practice of home inspection in the commonwealth for at least five years immediately preceding their appointment and who shall have performed not less than 1,000 home inspections for compensation, one of whom shall be a licensed home inspector who has been actively engaged in the practice of home inspection in the commonwealth for at least five years immediately preceding his appointment and who has performed not less than 150 home inspections for compensation and one of whom shall be a consumer who shall be the owner and principal resident of a residential building. All board members shall be subject to the provisions of chapter 268A. Of the initial members appointed to said board, two shall serve for terms of three years, two shall serve for terms of two years and one shall serve for a term of one year. Each member of said board shall hold office until his successor has been qualified. A vacancy in the membership of the board shall be filled for the unexpired term in the manner provided for the original appointment. No member shall serve more than two consecutive terms which shall not include any unexpired term to which he has been appointed. A member may be removed by the governor for cause.

Said board shall annually elect from among its members, by majority vote, a chairman and vice-chairman. Said board shall meet at least once every three months and may hold additional meetings as necessary to discharge its duties.

Members shall receive no compensation but shall be entitled to reasonable travel expenses.

Section 97. Said board shall (i) establish the requirements for licensure and for the standards of professional and ethical conduct; (ii) authorize and conduct appropriate examinations to determine the qualifications of applicants; (iii) grant licenses to qualified applicants; (iv) establish standards for continuing education; and (v) set

and administer penalties as defined in section 206 of chapter 112 for fraudulent, deceptive or professionally incompetent and unsafe practices and for violations of rules and regulations promulgated by said board.

Said board shall make available to the public a list of licensed home inspectors and associate home inspectors.

Said board shall publish a code of ethics.

The director of consumer affairs and business regulation, after consultation with the board of registration of home inspectors and the board of registration of real estate brokers and salespersons, shall publish an informational brochure on home inspections which shall be issued to home buyers at the signing of the first written contract to purchase. The brochure shall include a definition of a home inspection such that the nature and extent of a home inspection is made clear to a client or prospective client. The brochure shall also include information regarding inspections for lead paint, radon, and termites and other woodboring insects. The joint committee on government regulations and the house and senate committees on post audit and oversight shall receive a copy of the proposed brochure and shall be provided with an opportunity to comment on it 60 days before the brochure is submitted for publication.

Said board shall administer the provisions of sections 201 to 206, inclusive, of said chapter 112 and shall promulgate such rules and regulations as may be necessary to implement the same.

SECTION 2.Chapter 112 of the General Laws is hereby amended by inserting after section 87YY the following section:Section 87YY>. At the time of the signing of the first written contract to purchase, real estate brokers and salesmen, or the seller if no broker or salesperson is involved in the sale, shall distribute a brochure, published by the office of consumer affairs and business regulations, educating consumers about the home inspection process. Real estate brokers and salesmen shall not directly recommend a specific home inspection company or home inspector but may, upon request, provide a complete list of licensed home inspectors prepared by the board. This prohibition shall not apply if there is a written contractual agreement or a written agency disclosure between the buyer and the real estate broker specifying that the real estate broker is acting exclusively for the buyer as a buyer's broker.

SECTION 3.Said chapter 112 is hereby further amended by adding the following six sections:Section 201. As used in sections 202 to 206, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Associate home inspector", a person employed by a licensed home inspector to conduct home inspections of residential buildings under the supervision of a licensed home inspector who is licensed pursuant to this chapter.

"Board", the board of registration of home inspectors established pursuant to section 96 of chapter 13.

"Client", a person who engages the services of a home inspector for the purpose of obtaining inspection of and a written report on the condition of a residential building.

"Division", the division of registration.

"Home inspection", the process by which a home inspector observes and provides pursuant to the sale and transfer of a residential building, a written evaluation of the following readily accessible components of a residential building: heating, cooling, plumbing and electrical systems, structural components, foundation, roof, masonry structure, exterior and interior components and any other related residential housing components. A home inspection shall, at a minimum, conform with standards of practice promulgated by the board.

"Home inspector", a person licensed as a home inspector pursuant to this chapter.

"Residential building", a structure consisting of one to four dwelling units.

Section 202. (a) No person shall present, call or represent himself as authorized to provide a home inspection for compensation unless licensed by the board in accordance with this section and sections 203 to 206, inclusive. No person shall conduct a home inspection for compensation unless licensed by the board in accordance with this section and said sections 203 to 206, inclusive, and unless he provides a written report of the home inspection. The requirements contained in this subsection shall not be construed to prevent any of the following persons from acting within the scope of their profession: (1) a person employed as a code enforcement official by the commonwealth or a political subdivision thereof when acting within the scope of his employment; (2) an architect licensed pursuant to sections 60A to 60 O, inclusive; (3) a professional engineer licensed pursuant to sections 81D to 81T, inclusive; (4) an electrician licensed pursuant to chapter 141; (5) a plumber licensed pursuant to chapter 142; (6) a real estate broker or salesman licensed pursuant to section 87XX;

(7) a real estate appraiser or certified general or residential real estate appraiser licensed pursuant to sections 173 to 195, inclusive, or an insurance adjuster; (8) a person certified or registered as a pesticide applicator; (9) a person employed as a radon, licensed lead paint, urea formaldehyde or termite inspector solely for the purpose of conducting such inspections; (10) an individual or business hired solely for the purpose of inspecting the energyrelated components of a dwelling in order to assess a home's energy performance; (11) officers and employees of the United States or the commonwealth while engaged within the commonwealth in the practice of inspection on behalf of the United States or the commonwealth; (12) a person making a home inspection in the presence of a licensed home inspector for the purpose of meeting the requirements of section 203 to qualify for licensure as an associate home inspector; and (13) a person conducting an inspection of septic systems as required by 310 CMR 15 solely for the purpose of checking or being in compliance with 310 CMR 15. (b) Each applicant for a license as a home inspector shall furnish the board with proof of satisfactory completion of the educational, training and experience requirements for licensure, including completion of an approved program of work experience and proof of having passed a licensing examination approved by the board. Applications for licenses and renewals thereof shall be submitted in accordance with procedures established by the board. Pursuant to section 3B of chapter 7 of the General Laws, the secretary of administration and finance shall ensure that a licensing fee shall be charged to all applicants in an amount sufficient to defray all administrative costs to the commonwealth associated with the licensure of home inspectors, but in no event shall the fee be less than $100.

The board shall license as a home inspector an applicant who meets the requirements set forth in this section. Said board shall issue to a home inspector and an associate home inspector a license. Each such licensed home inspector and associate home inspector shall carry the license with him at all times and make it available for presentation to a client or prospective client. (c) A license shall be issued for a period of two years and shall be renewable on or before the last day of the month in an even-numbered year. Each licensee shall pay to the board a license fee or renewal fee, as appropriate, which shall be set by the secretary of administration and finance. The renewal month shall be determined by the division to facilitate efficient completion of all renewal requests and avoid backlog. The renewal of a home inspector license shall be contingent upon

compliance with the continuing education requirements and standards of practice as determined by the board and defined by rules and regulations. (d) To be eligible for licensure as a home inspector, an applicant shall: (i) be of good moral character; (ii) have successfully completed high school or its equivalent; (iii) have been engaged as a licensed associate home inspector for not less than one year and have performed not less than 100 home inspections under the supervision of a licensed home inspector; (iv) have passed a written or electronic competency examination offered or approved by the board; and (v) pay the appropriate fee set by the secretary of administration and finance.

Section 203. The board shall establish the requirements for licensure as an associate home inspector and shall promulgate such rules and regulations to establish the associate training program and duties and responsibilities of the supervisor and otherwise as may be necessary pursuant to the provisions of this section. Said board shall license as an associate an applicant who has shown to the satisfaction of the board that the applicant: (1) is of good moral character; (2) has successfully completed high school or its equivalent; (3) has successfully completed a board-approved training program; (4) has performed not less than 25 home inspections in the presence of a licensed home inspector; (5) has passed a written or electronic competency examination offered or approved by the board; (6) has an identified supervisor who is a person licensed in good standing in the commonwealth as a home inspector; and (7) has paid the appropriate fee which shall be set by the secretary of administration and finance.

Section 204. Upon payment to the board of a fee and the submission of a written application provided by said board, the board shall issue a home inspector license

to a person who holds a valid license or registration issued by another jurisdiction which has standards substantially equivalent to or exceeding the standards of the commonwealth, as determined by said board.

Section 205. The board shall establish procedures for the filing of complaints regarding home inspectors who are subject to requirements for licensure.

A licensed home inspector and associate home inspector engaged in the practice of home inspection shall secure, maintain and file with the board satisfactory proof of a certificate of an errors and omissions policy which shall be in a minimum amount of $250,000 in the aggregate. Every proof of an errors and omissions policy shall stipulate that cancellation or nonrenewal of the policy shall not be effective until at least ten days' notice of intention to cancel or not renew has been received in writing by the board. No home inspector or associate may supervise or perform a home inspection unless his performance of the inspection is covered by an errors and omissions policy of at least $250,000 in the aggregate. Such proof shall be deemed satisfactory if the policy is carried by the licensed company, partnership or franchise for which the home inspector or associate home inspector is a contracted employee and the home inspector or associate home inspector is specifically covered by such policy.

A licensed home inspector and associate home inspector shall promptly report to the insurance company any complaint filed against either the inspector or the inspector's company in a court of competent jurisdiction when the claim in the complaint is greater than the deductible on the inspector's errors and omissions insurance policy.

Any action arising from a home inspection shall be commenced only within three years after the date of a completed written report of a home inspection by a home inspector.

Said board shall investigate all complaints filed with the board relating to the proper practice of home inspection and all complaints relating to a violation of this chapter or any rule or regulation of said board.

Said board may, by a majority vote, after a hearing held subject to chapter 30A, deny, refuse renewal, limit, suspend or revoke the license of a home inspector or an associate home inspector upon proof to the satisfaction of the board that the holder thereof has: (1) committed fraud or misrepresentation in obtaining a license; (2) been guilty of criminal conduct which the board determines to be of such a nature as to render such a person unfit to practice as a licensed home inspector or associate home inspector, as evidenced by criminal proceedings which resulted in a conviction, guilty plea or plea of nolo contendere or an admission of sufficient facts;

(3) failed to report a claim forthwith to the insurance carrier as provided in this section; (4) violated any rule or regulation of the board; (5) failed to fulfill any continuing education requirements set out by the board; (6) violated any ethical standard which the board determines to be of such a nature as to render such person unfit to practice as a home inspector or associate home inspector, such as: (i) disclosing information concerning the results of the home inspection without the approval of a client or the client's representative; (ii) accepting compensation from more than one interested party for the same service without the consent of all interested parties; (iii) accepting commissions or allowances, directly or indirectly, from parties other than the client in connection with work for which the licensee is responsible to the client; (iv) failing to promptly disclose to a client or potential client information about any business interest of the licensee which may affect the client or potential client in connection with the home inspection; (v) attempting to limit liability for negligent or wrongful errors or omissions by use of a clause within a performance contract that limits the cost of damages for negligent or wrongful errors or omissions; or (vi) conducting a home inspection without the appropriate errors and omissions insurance coverage; (7) failed to provide a written report of the completed home inspection; (8) reported on the market value of the property or its marketability; or (9) reported on the advisability or inadvisability of the purchase of the property.

Section 206. The board may, by a majority vote and upon determination made after a hearing pursuant to chapter 30A, find that a home inspector or associate home inspector is liable for a violation of the provisions of sections 202 to 205, inclusive, and may impose the following fines and penalties: (1) suspend, revoke, cancel or place on probation the license of the home inspector or associate;

(2) reprimand or censure the licensee; (3) order the licensee to complete continuing education or training or both as a condition of retention or future consideration or reinstatement of such license; (4) order the licensee to participate in a drug or alcohol rehabilitation program or undergo drug testing or both as a condition of reinstatement of such license; (5) order the licensee to practice under appropriate supervision for a period of time to be determined by said board as a condition of retention of future consideration of reinstatement of such license; (6) order financial restitution, where appropriate; and (7) assess an administrative penalty of not more than $1,000 for each violation.

Whoever, not being licensed as a home inspector or an associate home inspector, holds himself out as such or whoever, being licensed, impersonates another home inspector or associate home inspector or violates any rule or regulation made by said board and performs a home inspection, may be assessed a civil penalty of not more than $5,000 for each violation. Such civil penalty may be assessed by the board after hearing and may be enforced by the courts of the commonwealth.

No action by a home inspector for recovery of a fee for the performance of a home inspection shall be maintained in the courts of the commonwealth unless the individual who performed the inspection was duly licensed at the time the fee was earned.

An appeal of a license suspension, revocation, cancellation or other discipline shall be made to the superior court based solely on the administrative record compiled at the board hearing.

SECTION 4.Prior to May 1, 2001, the board shall issue to an individual, upon application, a home inspector license, if the applicant meets the requirements of clauses (i) and (v) of subsection (d) of section 202 of chapter 112 of the General Laws and: (1) has been engaged in the practice of home inspections for compensation for not less than three years prior to the effective date of this act; and (2) has performed not less than 125 home inspections for compensation.

SECTION 5.The members of the board of registration of home inspectors established by section 96 of chapter 13 of the General Laws shall be appointed on or before September 1, 2000.

SECTION 6.Notwithstanding the provisions of section 96 of chapter 13 of the General Laws to the contrary, for a period of one year after the effective date of said section 96 the initial four home inspectors appointed to the board of registration of

home inspectors shall not be required, at the time of their initial appointment, to be licensed to practice home inspection pursuant to the provisions of sections 201 to 206, inclusive, of chapter 112 of the General Laws, if they are of good moral character, have graduated from high school or its equivalent, have been engaged in the practice of home inspections for compensation for not less than five years prior to the effective date of this section and have performed not less than 1,000 home inspections for compensation.

SECTION 7.Sections 2 to 4, inclusive, shall take effect on May 1, 2001.

Approved November 24, 1999.

Definitions

Massachusetts Student Handbook

266 CMR 2.00: Definitions By the Division of Professional Licensure

• 2.01: Definitions 2.01: Definitions As used in 266 CMR 2.00 through 11.00, the following definitions shall apply: Agent. Seller’s/owner(s) representative and/or person authorized to act on behalf of the seller/ owner(s) including a real estate broker or salesperson as defined in M.G.L. c 112, § 87PP. Associate Home Inspector. A person licensed pursuant to M.G.L. c. 112, § 223, conducting a Home Inspection of residential building(s) under the supervision of a licensed Home Inspector.

Attic Space. The unfinished space between the ceiling joists of the top story and the roof rafters.

Automatic Safety Controls. Devices designed and installed to protect systems and components from unsafe conditions.

Architectural Services. As defined in M.G.L. c. 112, §§ 60A through 60O (architect’s license required).

Architectural Study. A study requiring Architectural Services.

Basement/Cellar. That portion of a Dwelling that is partly or completely below grade.

Board. The Board of Registration of Home Inspectors established pursuant to M.G.L. c. 13, § 96.

Branch Circuit. The circuit conductors between the final overcurrent device protecting the circuit and the outlet(s).

Buyer’s Broker. A real estate broker or salesperson, as defined in M.G.L. c 112, § 87 YY½, who has a written contractual agreement or a written agency disclosure between the buyer and the real estate broker specifying that the real estate broker is acting exclusively for the buyer as a buyer’s broker.

Central Air Conditioning. A system that uses ducts to distribute cooled and/or dehumidified air to more than one room or uses pipes to distribute chilled water to heat exchangers in more than one room, and which is not plugged into an electrical convenience outlet.

Client. A person who engages the services of a Home Inspector for the purpose of obtaining inspection of and a written Report On the condition of a Dwelling and/or Residential Building(s).

Component. A Readily Accessible and Observable element comprising a part of a system and which is necessary for the safe and proper function of the system.

Conditioned Surface. The surface of the floor and/or ceiling that is being mechanically cooled and/or heated.

Continuing Education Credits. Formal coursework covering the elements directly related to the inspection of homes and/or commercial buildings. One contact hour shall equal one credit.

Continuing Education Program. Formal presentation such as a lecture or interactive session with specified learning objectives at which Registrants can earn Continuing Education Credits approved by the Board based on criteria set forth in 266 CMR 5.00 et seq.

Contract. The written agreement between the Client and the Home Inspector, which spells out the responsibilities and duties of each party and the fee to be paid for the inspection.

Cross Connection. Any physical connection or arrangement between potable water and any source of contamination.

Dangerous or Adverse Situations. Situations that pose a threat of injury to the Inspector’s health and welfare as determined by the Inspector.

Direct Supervision. Direct supervision means on-site and in-view observation and guidance of a supervisee who is performing an assigned activity during a Home Inspection.

Dismantle. To take apart or remove any component, device, or piece of equipment that is bolted, screwed, or fastened that a homeowner in the course of normal household maintenance would not dismantle other than the electrical panel cover(s).

Division. The Division of Professional Licensure.

Dwelling. A house, townhouse, condominium, cottage, or a Residential Building containing not more that four dwelling units under one roof.

Educational Training Credits. Formal coursework covering the elements of the fundamentals of Home Inspection. One contact hour shall equal one credit.

Provider. A person approved by the Board to offer continuing education credits.

Electrical Services. As defined in M.G.L. c. 141, M.G.L. c. 148, §§ 10D and 10E, and 527 CMR 12.00 (electrician license required).

Engineering Services. As defined in M.G.L. c. 112, §§ 81D through 81T. (Engineering license required).

Engineering Study. A study requiring Engineering Services.

Environmental Services. Services that require physical samples to be taken and analyzed by a laboratory to determine the type of and presence of contaminates and/or organic compounds and as defined in M.G.L. c.

112, §§ 81D through 81T and § 87LL. (License required).

Exclusions. Those items that are not part of and/or included in the 266 CMR 6.00: Standards of Practice and are to be provided by other specialists of the Client’s choice. However, they may be included in the inspection as part of Optional Fee Based Services as outlined in 266 CMR 6.07.

Fee Paid Inspection. A Home Inspection carried out in accordance with 266 CMR 6.04 for which the Client pays a fee and receives a Report.

Feeder. All circuit conductors between the service equipment, the source of a separately derived system, or other power supply source and the final branch-circuit overcurrent device.

Fully Depreciated. Item/System inspected is no longer under the manufacturer’s warranty, and it is reaching the end of its serviceable life. The Item/System/Component has no dollar or salvage value, and replacement should be anticipated.

Functional Drainage. A drain is functional when it empties in a reasonable amount of time and does not overflow when another fixture is drained simultaneously.

Functional Flow. A reasonable flow at the highest fixture in a dwelling when another fixture is operated simultaneously.

Heating Services. As defined in M.G.L. c. 148, §§ 10C and 10H, and 527 CMR 4.00: Oil Burning Equipment, plumber and electrician license required where applicable).

Home Inspection. The process by which an Inspector, pursuant to the sale and transfer of a residential building, Observes and Reports On those systems and components listed in 266 CMR 6.00 et seq with the exception of the noted exclusions and prohibitions.

Home Inspector. A person licensed pursuant to M.G.L. c. 112, § 222.

Household Appliances. Kitchen and laundry appliances, room air conditioners, and similar appliances.

Identify. To name.

Indirect Supervision. The oversight of activities, other than direct observation, performed by the Supervisor in order to provide guidance to the Associate Home Inspector. These activities may include meeting with the supervisee; reviewing Reports prepared by the supervisee; reviewing and evaluating the supervisee’s activities in connection with home inspections; and having supervisory conferences that may be conducted by telephone.

In Need of Repair. Does not adequately function or perform as intended and/or presents a Safety Hazard.

Installed. Attached or connected such that the installed item requires tools for removal.

Inspect/Inspected. To Observe the Readily Accessible systems or components as required by 266 CMR 6.04 et seq.

Inspector. A person licensed under M.G.L. c. 112, § 222 or 223.

Interior Wiring. Includes the exposed and Readily Observable Feeder and Branch Circuit wiring in the dwelling.

Mock Inspection. A simulated home inspection carried out for training purposes only and there is no Client involved.

Normal Operating Controls. Homeowner Operated devices such as a thermostat or wall switches.

Note. Record in the Report.

Observable. Able to be observed at the time of the inspection without the removal of fixed or finished coverings and/or stored materials.

Observe. The act of making a visual examination.

On-site Water Supply Quality. The condition of the potable water based on an evaluation of its bacterial, chemical, mineral, and solids content.

On-site Water Supply Quantity. The volume of water available measured over a period of time.

Operate. To cause systems or equipment to function.

Optional Services. Optional fee based services, which are beyond the scope of the Home Inspection as defined by 266 CMR 6.00 et seq.

Plumbing Services. As defined in M.G.L. c. 142 and 248 CMR 2.04 (plumber license required) Primary Windows and Doors. Windows and exterior doors that are designed to remain in their respective openings year round.

Readily Accessible. Capable of being reached quickly for visual inspection without requiring the Inspector to climb over or remove any personal property, to dismantle, to use destructive measures, to resort to portable ladders and/or any action which will likely involve risk to persons or property.

Readily Operable Access Panel. A panel provided for homeowner inspection and maintenance, which has removable or operable fasteners or latch devices in order to be lifted, swung open, or otherwise removed by one person, and its edges and fasteners are not painted in place. (The panel must be within normal reach and not blocked by stored items, furniture or building components.)

Readily Observable Signs. Conditions of deterioration on the surface including, but not limited to: water stains, wood destroying fungi, insect infestation and deterioration suggesting the potential for concealed damage.

Recreational Facilities. Whirlpools, saunas, steam baths, swimming pools, tennis courts, playground equipment, and other entertainment or athletic facilities.

Registered Professional Home Inspector. A Registrant (person) licensed pursuant to M.G.L. c. 112, ยง 222, by the Division of Professional Licensure.

Registrant. "Register", "Registered", "Registrant", and "registration" shall be used interchangeably with the words "license", "licensed", "licensee", and "licensure".

Repair. All repairs, when implemented by the buyer, seller, and/or homeowner shall comply with applicable requirements of the governing codes and sound construction practices.

Report. A written document setting forth findings of the Home Inspection unless otherwise specified in 266 CMR 2.00.

Report On. A written description of the condition of the systems and components observed. (The Inspector must state in his or her Report whether the System or Component has Readily Observable Signs indicating that it is need of repair or requires further investigation.

Representative Number. For multiple identical components such as windows, doors and electrical outlets, etc. one such component per room.

Residential Building. A structure consisting of one to four dwelling units under one roof.

Roof Drainage Systems. Gutters, downspouts, leaders, splash blocks, and similar components used to carry water off a roof and away from a dwelling or residential building.

Safe Access. Access free of any encumbrances, hazardous materials, health and Safety Hazards such as climbing and/or standing on anything other than the ground and/or floor which may jeopardize the Inspector as determined by the Inspector.

Safety Glazing. Tempered glass, laminated glass, or rigid plastic.

Safety Hazard. A condition in a Readily Accessible, installed system or component, which is judged by the Inspector to be unsafe, or of significant risk of personal injury during normal day-to-day use. (The risk may be due to damage, deterioration, improper installation or a change in the accepted residential construction standards.)

Seller/Seller’s Representative. The owner of the property or one legally authorized to act on behalf of the owner such as an administrator, executor, guardian, or trustee, whether or not a natural person or Agent representing the seller.

Shut Down. A piece of equipment or a system is shut down when the device or control cannot be Operated in a manner that a homeowner should normally use to Operate it. (Inspectors are prohibited from operating the equipment or system).

Solid Fuel Heating Device. Any wood, coal, or other similar organic fuel-burning device including, but not limited to, fireplaces (whether masonry or factory built), fireplace inserts, stoves, central furnaces, and any combination of these devices.

Structural Component. A component that supports non-variable forces or weights (dead loads) and variable forces or weights (live loads).

Sufficient Lighting. Fully lighted with a minimum of 50-lumens in all areas to be inspected.

Supervisor. The licensed Home Inspector designated to oversee and supervise the training of an Associate Home Inspector and/or Trainee.

System. A combination of interacting or interdependent components assembled to carry out one or more functions.

Technically Exhaustive. An inspection is technically exhaustive when it involves the use of measurements, instruments, testing, calculations, and other means to develop scientific or engineering findings, conclusions, and recommendations.

Trainee. A person in the Associate Home Inspector Training Program for the purpose of meeting the requirements of M.G.L. c. 112, § 223 to qualify for licensure as an Associate Home Inspector.

Under Floor Crawl Space. The under-floor space between the bottom of the floor joists and the earth or floor under any Dwelling and/or Residential Building.

REGULATORY AUTHORITY 266 CMR 2.00: M.G.L. c. 13, § 96 and M.G.L. c. 112, §§ 221 through 226.

Procedures for Registration

Massachusetts Student Handbook

266 CMR 3.00: Procedure For Registration By the Division of Professional Licensure         

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3.01: Application and Licensing 3.02: Procedures for Renewal of a License and Renewal of a Lapsed/Expired License 3.03: Procedures for Reinstatement of a License, which has been Revoked, Suspended, Surrendered, or Placed on Probation 3.04: Mandatory Insurance Coverage 3.05: Board Notification of Change in Name or Address 3.06: License Fee 3.07: Late Filing Fee 3.08: Application Fee 3.09: Reimbursement of Fees 3.01: Application and Licensing (1) Application. No application shall be acted upon by the Board unless said application is made on forms which are furnished by the Board, and unless said application is completely and properly filled out, signed under the penalties of perjury, and accompanied by such information that the Board requires.

(2) Licensure. (a) In order to be licensed as an Associate Home Inspector applicants must meet the requirements for licensure set by M.G.L. c. 112, § 222, namely the applicant: Is of good moral character.

Has successfully completed high school or its equivalent.

Has filed an application for licensure on forms furnished by the Board.

Has an identified Supervisor(s) who is a licensed Home Inspector in good standing in the Commonwealth.

Has paid the appropriate fee set by the Secretary of Administration and Finance.

Has documented the successful completion of not less than 25 fee-paid Home Inspections under the Direct Supervision of a licensed Home Inspector. (Mock inspections shall not be counted in the computation of the required 25 fee-paid Inspections.

Has documented passing the written or electronic examination approved by the Board.

Has documented the successful completion of the Associate Home Inspectors Training Program in 266 CMR 4.00 et seq.

Agrees to uphold the standards of ethics and professional conduct set forth in 266 CMR 8.00 et seq.

Has filed satisfactory proof of the mandatory insurance coverage.

Has a copy of the current regulations in his/her office.

The Board shall promptly notify an applicant in writing, whether his/her application has been approved. If the Board approves the application, the Board shall issue to the applicant an Associate Home Inspector License. The computation of the one year period referred to in M.G.L. c. 112, § 222(13)(c)3. shall begin upon issuance of the Associate Home Inspector license. (b) In order to be licensed as a Home Inspector applicants must meet the requirements for licensure set by M.G.L. c. 112, § 223, namely the applicant:

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Is of good moral character.

Has successfully completed high school or its equivalent.

Has filed an application for licensure on forms furnished by the Board.

Has been engaged as a licensed Associate Home Inspector for not less than one year.

Has documented the successful completion of not less than an additional 100 home inspections under the indirect or direct supervision of a licensed Home Inspector.

Has paid the appropriate fee set by the Secretary of Administration and Finance.

Agrees to uphold the standards of ethics and professional conduct set forth in 266 CMR 8.00 et seq.

Agrees to issue Reports in compliance with the Standards of Practice set forth in 266 CMR 7.00 et seq.

Has filed satisfactory proof of the mandatory insurance coverage.

Has submitted documentation that the applicant has met the Continuing Education requirements of 266 CMR 5.01.

Has a copy of the current regulations in his/her office. (c) License by Reciprocity or Endorsement. The Board shall issue a Home Inspector license to a person who holds a valid Home Inspector license or registration issued by another jurisdiction, which has standards equivalent to or exceeding the standards of the Commonwealth as determined by the Board. A License by endorsement or reciprocity may be issued upon the Applicant submitting: A written application on forms provided by the Board.

Satisfactory proof of the mandatory insurance coverage.

Payment to the Board of the appropriate fee set by the Secretary of Administration and Finance.

Top 3.02: Procedures for Renewal of a License and Renewal of a Lapsed/Expired License (1) Requirements for Renewal of a License. (a) A Registrant must renew his license every two years. Each license originally issued to an individual shall be valid until May 1 st on the even year next occurring. Upon renewal, the license will be valid until May 1 st on the even year next occurring. (b) A Registrant must submit to the Board a completed renewal application and the required fees prior to the expiration date of the license; and (c) A Registrant must fulfill and document the continuing education activities as required in 266 CMR 5.00.

(2) Procedures for Renewal of a Lapsed/Expired License. (a) If a Registrant fails to meet the requirements for renewal of his license as set forth in 266 CMR 3.02(1), the license of such person is considered expired and not in good standing. A Registrant with an expired license is prohibited from conducting home inspections, or to use the title "Registered Professional Home Inspector" or "Home Inspector" during the period in which the license is expired. (b) If a Registrant requests that his/her expired license be reinstated within one year of the date his/her license expires, the Registrant must pay the renewal fee for the current licensure period, pay a late fee (as determined by the Secretary of Administration and Finance), document completion of all continuing education contact hours required by the Board, and file satisfactory proof of the mandatory insurance coverage. (c) If a Registrant fails to renew for more than one year, the Board may grant renewal upon its discretion based upon the circumstances surrounding the request. The Board may require the

Registrant to appear before the Board, take an examination, complete additional continuing education, or practice under supervision prior to, or as a term or condition of, issuing said late renewal license.

Top 3.03: Procedures for Reinstatement of a License which has been Revoked, Suspended, Surrendered, or Placed on Probation Procedures for the reinstatement of a license after discipline shall be determined by guidelines established by the Board or, in specific matters, by consent agreement or a decision and order of the Board issued consistent with M.G.L. c. 30A. Top 3.04: Mandatory Insurance Coverage As a condition of licensure, all licensed Home Inspectors and Associate Home Inspectors engaged in the practice of Home Inspection shall secure, maintain, and file with the Board satisfactory proof of a certificate of errors and omissions insurance policy, which shall be in a minimum amount of $250,000 in the aggregate. (All errors and omissions policies shall remain in effect for ten days after the Board receives written notice via certified mail of the inspector's intention to cancel or not renew.

Notification shall be certified mail return receipt requested; it shall be the inspector's responsibility to notify the Board.

Top 3.05: Board Notification of Change in Name or Address (1) Official Mailing Address. The mailing address supplied to the Board by the Registrant will be considered as the address of record for receipt of correspondence from the Board. Failure to supply the Board with a correct mailing address may result in default judgment, or form a basis of independent disciplinary action.

(2) Change of Address. A Registrant shall notify the Board of any change in his/her name, or address. Such notification shall be in writing and shall be submitted within 30 days of the change in name or address.

Top 3.06: License Fee Biennial license fees are set by the Secretary of Administration and Finance of the Commonwealth of Massachusetts. There is no provision for proration of fees for those applying between renewal dates.

Top 3.07: Late Filing Fee Renewal forms and fees postmarked after the due date will be subject to a late filing fee set by the Secretary of Administration and Finance.

Top 3.08: Application Fee A separate application fee will be charged for all new applications.

Top 3.09: Reimbursement of Fees Application and license fees are not refundable.

Top REGULATORY AUTHORITY 266 CMR 3.00: M.G.L. c. 13, § 96 and c. 112, §§ 221 through 226

Associate Home Inspector Training Program Requirements

Massachusetts Student Handbook

266 CMR 4.00: Associate Home Inspector Training Program Requirements By the Division of Professional Licensure 

4.01: Educational Training Credits

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4.02: Verification/Approval of Educational Training Activities

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4.03: Appeals on Education Training Credit Matters

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4.04: Inspections

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4.05: Examination Requirements

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4.06: Duties and Responsibilities of the Supervisor

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4.07: Duties/Work Requirements of Associate Home Inspector and Trainee

4.01: Educational Training Credits (1) Training requirements include the successful completion of 75 hours of Educational Training Credits. 1 All Providers of this course work must comply with 266 CMR 5.00 et seq. Formal coursework must include not less than: (a) Six hours dedicated to the inspection of roofing, (b) Six hours dedicated to the inspection of exterior cladding system(s). (c) Six hours dedicated to the inspection of masonry system(s). (d) Nine hours dedicated to the inspection of structural system(s). (e) Nine hours dedicated to the inspection of electrical system(s). (f) Nine hours dedicated to the inspection of plumbing system(s). (g) Nine hours dedicated to the inspection of heating and air conditioning systems. (h) Six hours shall be dedicated to the 266 CMR regulations including the standards of practice. (i) Six hours dedicated to Report writing. (j) Three hours dedicated to professional ethics. (k) Three hours dedicated to contract law.

(2) To meet the total number of hours required, the Trainee shall select, at his/her option, any three additional open Training Credits.

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4.02: Verification/Approval of Educational Training Activities (1) At the time of Associate Home Inspector license application, each Trainee is required to submit to the Board a signed statement on a form provided by the Board attesting under the pains and penalty of perjury that he/she has satisfied the Educational Training Credit requirements.

(2) For each Educational Training Credits earned by participation in a Education Training Credit Program, the Applicant must be able to provide documentation of the following: (a) The title of the program or course.

(b) The number of hours spent in the program or course. (c) The name of the Board recognized entity or the academic institution that sponsored the program or course. (d) The dates and location that the programs, courses, workshops, or seminars were given.

(3) The Board may audit a Trainee's compliance with the Board's Educational Training Credit requirement.

(4) The Board may reject in part or in whole Educational Training Credits, which do not meet the requirements of 266 CMR 5.06(1).

(5) The Board may reject any incomplete or inaccurate documentation of Educational Training Credits in part or in whole.

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4.03: Appeals on Education Training Credit Matters Any individual who wishes to appeal the decision of the Board regarding Educational Training Credit matters must submit a letter of appeal to the Board within 21 days of the receipt of the Board's decision.

The applicant must supply the Board with any requested additional data and may be asked to appear before the Board. The Board reserves the right, upon request of Registrant, to allow the Registrant to practice home inspecting during the Board's appeals process.

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4.04: Inspections The Trainee must document the successful completion of 25 Fee-paid Home Inspections under the Direct Supervision of a Supervisor(s). The Associate Home Inspector must complete and additional 100 Feepaid Home Inspections under the Direct Supervision and/or Indirect Supervision of a Supervisor(s) Top

4.05: Examination Requirements The Trainee must document passing the written or electronic examination approved by the Board of Professional Home Inspectors.

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4.06: Duties and Requirements of the Supervisor (1) A Supervisor shall follow all of the state and federal laws, rules, and regulations governing or relating to the practice of Home Inspection, and shall treat all Trainees and Associate Home Inspectors in a professional and courteous manner.

(2) A Supervisor must be a licensed Home Inspector in the Commonwealth of Massachusetts in good standing.

(3) The Supervisor may or may not be the employer of the Associate Home Inspector.

(4) The Supervisor shall sign all sales and other business related documents prepared by a Trainee or Associate Home Inspector.

(5) A Supervisor shall personally review the progress of the Trainee/Associate Home Inspector he or she is supervising and shall make a detailed written evaluation of the Trainee/Associate Home Inspector

periodically, but no less frequently than once every three months. Copies of the evaluations shall be provided to the Trainee/Associate Home Inspector. (a) The evaluation shall, at a minimum, list the specific Fee-paid Inspections conducted and the training and related technical instruction, which the Trainee/Associate Home Inspector has received during the three-month evaluation period. (b) Upon request by the Trainee/Associate Home Inspector, the Supervisor(s) shall certify the Trainee/Associate Home Inspector application as prescribed on the application form. The certification shall only be verification of the statements of the applicant pertaining to training and inspections performed while under the supervision of the Supervisor.

(7) A Supervisor may supervise only one Trainee per inspection.

(8) Direct Supervision. The Supervisor is responsible for full time, direct, on site supervision of a Trainee's home inspections. Direct Supervision shall include: (a) The full time presence of the Supervisor at the inspection site. (b) Reports prepared by the Trainee shall include the trainee's name, the name of the Supervisor and the supervisor's license number prior to the Report being turned over to the Client.

(9) Indirect Supervision. (a) Indirect supervision shall only apply to an Associate Home Inspector. (b) The Supervisor shall accept full responsibility for the contents and compliance with the current Standards of Practice of all Reports prepared by an Associate Home Inspector under his or her supervision. (c) Reports prepared by the Associate Home Inspector shall include the Associate Home Inspector's name, the name of the Supervisor and the supervisor's license number prior to the Report being turned over to the Client.

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4.07: Duties, Work Requirements and Prohibitions of Associate Home Inspectors and Trainees (1) A Trainee or Associate Home Inspector shall follow all of the state and federal laws, rules, and regulations governing or related to the practice of Home Inspection.

(2) A Trainee or Associate Home Inspector is responsible for maintaining copies of his/her Education Training Credits.

(3) Associate Home Inspectors are responsible for maintaining copies of his/her Continuing Education Credits.

(4) A Trainee or Associate Home Inspector shall perform diligently and faithfully the work of home inspection and such duties as are assigned by his or her Supervisor.

(5) A Trainee and Associate Home Inspector shall perform the functions of an Associate Home Inspector in accordance with Board rules only under the supervision of a licensed Home Inspector.

(6) Associate Home Inspectors and Trainees shall treat all Clients and coworkers in a professional and courteous manner. He/she shall respect the property being inspected, the employer, Supervisor, and colleagues.

(7) Associate Home Inspectors and Trainees are prohibited from signing sales and other business related documents unless the name, license number and signature of the supervisor are on the document.

(8) Associate Home Inspectors and Trainees are prohibited from advertising as a Home Inspector and/or as a home inspection firm, company, franchise, corporation and/or business. Further, Trainees and/or Associate Home Inspectors shall be prohibited from operating a home inspection firm, company,

corporation and/or business unless there is a duly licensed Home Inspector on staff who is responsible for all inspection activities and all inspections comply with 266 CMR 6.00 et seq.

(9) Associate Home Inspectors and Trainees are responsible for maintaining copies of his/her written evaluations.

(10) Associate Home Inspectors are responsible for maintaining copies of his/her Continuing Education Credits.

(11) Associate Home Inspectors shall work under the supervision of a Home Inspector(s) for not less than one year after the issuance of their license.

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REGULATORY AUTHORITY 266 CMR 4.00: M.G.L. c. 13, § 96 and c. 112, §§ 221 through 226.

Continuing Education

Massachusetts Student Handbook

266 CMR 5.00: Continuing Education By the Division of Professional Licensure 

5.01: Continuing Education Requirements

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5.02: Verification/Approval of Continuing Education Activities

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5.03: Waivers of Continuing Education Requirements

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5.04: Appeals on Continuing Education Matters

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5.05: Approval of Providers' for Education Programs and Activities

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5.06: Educational Programs

5.01: Continuing Education Requirements (1) Licensed Home Inspectors and Associate Home Inspectors are required, as a condition of license renewal, to complete a minimum of 12 contact hours of continuing education activities per renewal cycle. A renewal cycle consists of the 24 months prior to each renewal date (For lapsed, expired, suspended, revoked or surrendered licenses, see 266 CMR 3.02 and 3.03).

(2) Registrants whose license is issued during the 24-month cycle shall have their continuing education activities prorated based on one contact hour per two months from the date of issue to the date of renewal.

(3) Only those continuing education activities, which are completed during the renewal cycle, will be acceptable as qualifying continuing education activities for that period.

(4) At least four hours of the required continuing education activities shall be dedicated to the 266 CMR regulations including the standards of practice and at least one hour shall be dedicated to professional ethics for each renewal cycle.

(5) Instructors of courses, workshops, or seminars shall be credited one contact hour for each continuing education activity hour taught by the instructor.

(6) All continuing education activities set forth in 266 CMR 5.00 et seq. are subject to approval by the Board.

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5.02: Verification/Approval of Continuing Education Activities (1) At the time of license renewal, each Registrant is required to submit to the Board a signed statement on a form provided by the Board attesting under the pains and penalty of perjury that he/she has satisfied of the continuing education requirements for that renewal period.

(2) For each Continuing Education Contact Hour earned by participation in a Continuing Education Program, the Registrant must be able to provide documentation of the following: (a) The title of the program or course. (b) The number of hours spent in the program or course. (c) The name of the Board recognized entity or the academic institution that sponsored the program or course. (d) The date and location that the programs, courses, workshops, or seminars were given.

(3) The Board may audit a Registrant's compliance with the Board's continuing education requirement.

(4) Upon request of the Board, a Registrant must provide the documentation set forth in 266 CMR 5.02(1) through (4) for two prior licensure renewal/continuing education periods.

(5) Continuing education activities, which do not meet the requirements of 266 CMR 5.00, may be rejected in part or in whole by the Board.

(6) The Board may reject any incomplete or inaccurate documentation of continuing education in part or in whole.

(7) The Board may require a Registrant who has not met the continuing education requirement to renew his/her license to appear before the Board, take an examination, complete additional continuing education, or practice under supervision prior to renewing his/her license.

(8) Failure to complete or provide required documentation of completion of continuing education requirements may result in non-renewal of a license or disciplinary action.

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5.03: Waivers of Continuing Education Requirements (1) The Board may waive the continuing education requirement for any Registrant who, for reasons of health, disability, out of state military service, or undue hardship, cannot meet the requirements.

(2) An application for a waiver shall be submitted to the Board on a form provided by the Board.

(3) Waivers of continuing education requirements shall be effective for no more than one year, beginning the day after the license expires.

(4) A Registrant may apply for three consecutive waivers.

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5.04: Appeals on Continuing Education Matters Any individual who wishes to appeal the decision of the Board regarding continuing education matters must submit a letter of appeal to the Board within 21 days of the receipt of the Board's decision. The applicant must supply the Board with any requested additional data and may be asked to appear before the Board. The Board reserves the right, upon request of Registrant, to allow the Registrant to practice home inspecting during the Board's appeals process.

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5.05: Approval of Providers' for Education Programs and Activities (1) Approval of Providers' for Education Programs and Activities. (a) The Board shall recognize, as Providers for approved Continuing Education Credits and Education Training Credits coursework, schools approved by the Massachusetts Department of Education without the necessity of the provider submitting an, application, appearing before the Board and submitting the course curriculum and/or the instructors name and vitae. The coursework content must directly relate to the science of Home Inspection. Further, the Board may accept the number of credit hours indicated on the certificate 1 provided by the school, to the named individual. (b) The Board shall recognize, as Providers for approved Continuing Education Credits and Education Training Credits coursework, societies and trainers (including unions) approved by the Massachusetts Boards Registration for architects, engineers, electricians, plumbers and gas fitters, home inspectors, sanitarians without the necessity of the providers submitting an application,

appearing before the Board and submitting the course curriculum and/or the instructors name and vitae. Further, the Board shall accept the number of credit hours indicated on the certificate, provided by the society and/or trainers, to the named individual, as continuing education credits. (c) The Board shall recognize, as Providers, for approved Continuing Education Credits and Education Training Credits coursework, all training facilities approved by the political subdivisions of the Commonwealth of Massachusetts without application, appearance before the Board, submission of the course curriculum and/or the instructors name and vitae. Further, the Board shall accept the number of credit hours indicated on the certificate, provided by the facility and/or trainers, to the named individual, as continuing education credits.

(2) The Board may recognize any person as an Individual Educational Provider. (a) In order to become an Individual Educational Provider the applicant must: 1. Appear before the Board.

2. Submit an application on a form approved by the Board.

3. Submit Course information as described in 266 CMR 5.05(2)(b)1.a..

4. Be approved by the Board. (b) Responsibilities of the Individual Educational Provider: 1. Submit the course information including: a. Name, date, and location of continuing education course work. b. Detailed description of the course content. c. Description of the educational objectives. d. Description of each instructor's education, training, and experience background. e. Continuing education hours offered for completing the course.

2. Take attendance prior to and at the end of the seminar or course, and maintain a record of those in attendance for the current licensing cycle.

3. Issue a certificate of attendance which includes at minimum the title of the program or course, the number of hours spent in the program or course, the name of the Board recognized entity or the academic institution that sponsored the program or course, the dates and location of the program, course, workshop, or seminar given.

4. Individual Educational Provider shall Report any change in the course content or instructor to the Board prior to commencement of the course.

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5.06: Educational Programs (1) General Requirements. (a) No educational program course shall be approved for more than six hours in any one increment.

However, if the course, seminar, etc. is broken down into increments of less than six hours each, the Board may approve the entire total even though the total exceeds six hours. (b) At the discretion of the Board, may approve Educational Training and Continuing Educational Training Credits and/or courses retroactively. (c) The Board shall revoke the approval of any Education Program for failure of the Provider to comply with the provisions of this section.

(2) Educational Credits for the Associate Home Inspector Training Program. For a program to be eligible for approval for Educational Training Credits the course content shall directly relate to the subject matter specified in 266 CMR 4.01:Educational Training Credits. (a) The educational objectives shall include the fundamental knowledge needed to complete a Home Inspection. (b) The course work must include, as a minimum, the number of hours and topics prescribed in 266 CMR 4.01:Educational Training Credits.

(3) Continuing Education Programs for Home Inspectors and Associate Home Inspectors. For a program to be eligible for approval for Continuing Education Credits the course content and educational objectives shall directly relate to the inspection of homes and/or commercial buildings.

The course work must include one or more of the following topics relating to the science of home inspection: (a) Procedures and practices used in the inspections of residential and commercial buildings. (b) Technical aspects of home and commercial construction. (c) Plumbing, electrical, heating, building code interpretation (enforcement and review), structural, and architectural subjects. (d) Federal and state statutes, regulations, and rules. (e) Business-related and business-law related courses including ethics. (f) 266 CMR regulations and standards. (g) Technical Report writing. (h) Environmental Hazards. (i) Other as approved by the Board.

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REGULATORY AUTHORITY 266 CMR 5.00: M.G.L. c. 13, § 96 and c.112, §§ 221 through 225.

The Standards of Practice

Massachusetts Student Handbook

266 CMR: BOARD OF REGISTRATION OF HOME INSPECTORS

266 CMR 6.00: 6.01: 6.02: 6.03: 6.04: 6.05: 6.06: 6.07: 6.08:

STANDARDS OF PRACTICE

Access Purpose General Requirements Scope of Home Inspection General Limitations and Exclusions of the Home Inspection Prohibitions Optional Fee Based Services Required Distribution of Energy Audit Documents

6.01: Access The Client shall provide Safe Access and Sufficient Lighting to ensure that all systems and areas to be inspected under this standard are Readily Accessible and Observable.

6.02: Purpose (1) The purpose of a Home Inspection for Residential Buildings, including their attached garages, is to provide the Client with an inspection Report that forthrightly discloses the physical conditions of the systems and components listed in 266 CMR 6.04 which are Readily Accessible and Observable, including those systems and components, which are Safety Hazards as Observed at the time of the inspection.

(2) An inspection carried out under the standards of 266 CMR 6.04 is not and shall not be construed to be a comprehensive Architectural and/or an Engineering study of the dwelling in question.

6.03: General Requirements (1) Inspectors shall: (a) Use a written contract and provide only the Client with an original copy of the contract unless otherwise directed by the Client. (b) Observe Readily Accessible and Observable installed systems and components listed in 266 CMR 6.04. (c) Submit a confidential written Report only to the Client, which shall: 1. Identify those components specified to be identified in 266 CMR 6.04.

2. Indicate which systems and components designated for inspection in 266 CMR 6.04 have not been inspected.

3. Indicate the condition of systems and components so Inspected including those that were found to be in need of repair, require additional investigation, and areas that have a potential for concealed damage.

4. Record the Inspector's name (and the Trainee's name if applicable).

5. Record the Client's name and the address of the property inspected.

6. Record the on-site Inspection start and finish times.

7. Record the weather conditions at the time of the inspection.

8. Record the existence of obstructions and/or conditions that prevented the inspection of the installed systems and components.

9. Embed in the Report and/or attach to the Report the list of itemized questions in 266 CMR 6.03(4)(a) through (k).

10. Embed in the Report and/or attach to the Report a copy of 266 CMR 2.00: Definitions and a copy of the 266 CMR 6.00: Standards of Practice.

(2) Every registered professional Home Inspector may have a seal of the design shown below authorized by the Board.

All Reports prepared by a registered Home Inspector, or under his supervision, may be stamped with the impression of such seal and/or bear the name and license number of the Home Inspector. A registered Home Inspector shall impress his seal on and/or attach his name and license number to a Report only if his/her certificate of registration is in full force, and if he/she is the author of such Report or is in charge of its' preparation.

7/24/09

266 CMR – 23

266 CMR: BOARD OF REGISTRATION OF HOME INSPECTORS 6.03: continued

(3) The Report shall only inform the Client if additional investigation is required when: (a) The scope of the repair(s) is unknown, or (b) There is potential for and it is suspected that there is concealed damage, or (c) The subject area is beyond the scope of the Home Inspector's expertise.

(4) The Inspector shall notify his/her Client that answers to the following questions should be ascertained from the Seller and/or the Seller's Representative because they are important and relevant to the purchase of the inspected dwelling and may not be Readily Observable through inspection. The Inspector shall have been deemed to satisfy this requirement by embedding and/or attaching the questions listed in 266 CMR 6.03(4)(a) through (k) to the Report.

To the Best of Your Knowledge as the Seller and/or Seller's Representative: (a) Does the dwelling have a history of seepage, dampness, and/or water penetration into the Basement and/or Under Floor Crawl Space? If so please explain. (b) Has a sump pump ever been installed or used in the Basement/Under Floor Crawl Space? (c) Do you use any type of dehumidification in any part of the dwelling? (d) Are you aware of any mold and/or air quality issues in the dwelling? (e) Is the dwelling on a private sewage system?

1. If the waste system is private, has a Title V inspection been completed, and is the completed Title V Report available for review?

2. Has the dwelling ever been inspected and/or treated for insect infestation? a. If so, when? b. What were the chemicals used? (f) Has the dwelling ever been tested for radon gas and/or lead paint?

1. If so when?

2. What were the results? (g) Has the dwelling ever been inspected by an Inspector?

1. If so, when?

2. Were any problems noted?

3. Is a copy of the inspection Report available? (h) Are the Seller/ Seller's Representative aware of any structural, mechanical, electrical or other material defects that may exist on the property? (i) Has there ever been a fire in the dwelling?

1. If so, when?

2. What areas were involved?

3. What chemical cleaners, if any, were used for cleanup? (j) Has there ever been a hazardous waste spill on the property? (k) Is there is an underground storage tank on the property?

(5) The Inspector shall not represent to the Seller/Seller's Representative or Client that there is any legal obligation, duty, or requirement on behalf of the Seller/Seller's Representative to answer the questions set forth in 266 CMR 6.03(4)(a) through (k).

(6) The Inspector shall not be held liable for the accuracy of third party information.

1/25/08

266 CMR -24

266 CMR: BOARD OF REGISTRATION OF HOME INSPECTORS 6.03:

continued

(7) Regardless of any additional professional registrations or licenses held by the Inspector and/or Trainee practicing in the Commonwealth of Massachusetts he/she shall conduct his/her Home Inspection in accordance with 266 CMR 6.00 through 6.06. However, the standards are not intended to limit Inspectors from: (a) Reporting observations and conditions in addition to those required in 266 CMR 6.04. (b) Excluding other systems and components from the inspection if requested by the Client and noted in the Report. (c) Providing Optional Fee Based Services, as long as they are contracted for in writing and/or included in the report and are not prohibited under 266 CMR 6.06.

6.04: Scope of the Home Inspection (1) System: Roofing. (a) The Inspector shall Observe the Readily Accessible and Observable: 1. Roof coverings.

2. Exposed roof drainage systems 3. Flashings.

4. Skylights, chimneys, and roof penetrations.

5. Signs of leaks on building components. (b) The Inspector shall Identify: 1. the type of roof covering materials: Asphalt, Cementious, Slate, Metal, and/or Tile Shingles, Built-up type (Bald Asphalt, Tar and Gravel, Mineral Covered Rolled Roofing, Ballasted Rubber Membrane, Adhered Membrane, Mechanically Fastened Membrane, Other.

2. the roof drainage system: Gutters (Aluminum, Copper, Wood, Vinyl, Other) Leaders/Downspouts (Aluminum, Copper, Galvanized, Vinyl, Other) 3. the chimney materials: Brick, Concrete Block, Metal, Other 4. the methods used to Observe the roofing. (c) The Inspector shall Report on: 1. Any signs of previous and/or active leaks.

2. The following exposed Readily Accessible and Observable roofing components: the roof covering, exposed roof drainage systems, exposed flashings, skylights, exterior of chimney(s), roof penetrations. (d) Exclusions: Including but not limited to 266 CMR 6.04(d)1. and 2., the Inspector shall not be required to: 1. Walk on the roof unless in the opinion of the Home Inspector he/she is provided Safe Access, and the Seller and/or the Seller's Representative provides authorization that relieves the Inspector of all liability of possible damage to the roofing components, and in the opinion of the Inspector, walking on the roof will pose no risk of personal injury or damage to the roofing components.

2. Observe and Report On: a. Attached accessories including, but not limited to: solar systems, antennae, satellite dishes and lightning arrestors. b. The interior of chimney flues.

(2) System: Exterior. (a) The Inspector shall Observe the Readily Accessible and Observable: 1. Wall cladding.

2. Entryway doors and windows.

3. Garage door operators.

4. Decks, balconies, stoops/landings, steps, areaways/window wells, and porches including hand and guard railings.

5. Exposed trim (eaves, soffits, fascias, rake, corner, and other trim Boards).

6. Flashings 7. Driveways, walkways, vegetation, grading, site drainage, and retaining walls. (b) The Inspector shall Identify: 1. Wall-cladding materials: Cementious Siding, Asphalt and/or Wood Shingles, Aluminum and/or Vinyl Siding, Wood Clapboards, Brick, Other.

1/25/08

266 CMR -25

266 CMR: BOARD OF REGISTRATION OF HOME INSPECTORS 6.04 continued 2. The deck/porch component materials: Brick, Concrete, Concrete Block, Steel, Wood, Other.

(c) The Inspector shall Report On the following exposed Readily Accessible and Observable exterior components: 1. Wall cladding.

2. Entryway doors and windows.

3. Deck/porches, balconies, stoops/landings, steps, areaways/window wells, including hand and guard railings.

4. The exposed trim.

5. Flashings.

6. Driveways, walkways, and retaining walls with respect to their effect on the condition of the dwelling and their ability to provide safe egress.

7. Vegetation, grading, site drainage with respect to their effect on the condition of the dwelling. (d) The Inspector shall: 1. Probe exposed Readily Accessible and Observable exterior components where deterioration is suspected: However, probing is NOT required when probing would unduly damage any finished surface.

2. Operate all entryway doors and representative number of windows and Report their condition and need of repair, if any.

3. Operate garage doors (if the garage is attached to the main dwelling), manually or by using permanently installed controls of any garage door operator.

4. Report whether or not any garage door operator will automatically reverse or stop when meeting resistance during closing. (e) Exclusions: Including but not limited to 266 CMR 6.04(2)(e)1. through 9., the Inspector shall not be required to Observe and Report On the following: 1. Storm doors and windows, screening, shutters, awnings and similar seasonal accessories.

2. Fences, landscaping, trees, swimming pools, patios, sprinkler systems.

3. Safety glazing.

4. Geological conditions (Engineering services).

5. Soil conditions (Engineering services).

6. Recreational facilities.

7. Any other dwelling units or addresses in multi-unit buildings.

8. Outbuildings and detached garages. However, should the Inspector include the inspection of these structures, under 266 CMR 6.07: Optional Fee Based Services, the inspection must comply with the standards of 266 CMR 6.04.

9. Underground utilities, pipes, buried wires, or conduits (Dig Safe) (3) System: Structural Components Exposed in the Basement/Under Floor Crawl Space and Attic Space; Including Signs of Water Penetration. (a) Basement/Under Floor Crawl Space: 1. The Inspector shall Observe the following exposed Readily Accessible and Observable Basement/Under Floor Crawl Space structural components: a. The exposed portions of the foundation. b. The exposed portions of the Basement/Under Floor Crawl Space floor. c. The exposed portions of the superstructure system (girders, sills, floor joists, headers, and sub-floor). d. The exposed portions of the columns and posts.

2. The Inspector shall Identify: a. The type of exposed Basement foundation materials (brick, concrete block, concrete, stone, wood, other). b. The type of exposed Basement floor system (concrete, earth, wood, other). c. The type of exposed Basement superstructure system (girder(s), sills, floor joists, and sub-floor). d. The type of exposed Basement columns and posts (brick, concrete block, concrete, steel, wood, other).

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266 CMR -26

266 CMR: BOARD OF REGISTRATION OF HOME INSPECTORS 6.04:

continued 3. The Inspector shall Report On the following exposed Readily Accessible and Observable structural components: a. The foundation. b. The floor system. c. The superstructure system. d. The columns and posts 4. The Inspector shall: a. Probe exposed Readily Accessible and Observable structural components where deterioration is suspected; however, probing is NOT required when probing would unduly damage any finished surface. b. Note the methods used to Observe Under Floor Crawl Spaces. c. Note obstructions, unsafe access, and dangerous or adverse situations that prevented him/her from inspecting the items noted in 266 CMR 6.04(3)(a)3.a. through d.. d. Note signs of previous and/or active water penetration into the Basement, Under Floor Crawl Space and attic including the presence of sump pumps and dehumidifiers.

5. Exclusions: Including but not limited to 266 CMR 6.04(3)(a)5.a. through d., the Inspector shall not be required to: a. Collect engineering data such as the size, span, spacing, species, section modulus, slenderness ratio and/or modulus of elasticity of the structural members. b. Provide access to the items being inspected (Responsibility of Client/Seller/Seller's Representative). c. Enter the Under Floor Crawl Space i. If it is not Readily Accessible, ii. If access is obstructed and/or if entry could damage the property iii. If a Dangerous or Adverse Situation is suspected and Reported by the Inspector. d. Observe and Report On Wood destroying insects, rodents and/or vermin unless specifically contracted for in writing.

(Independent Pest Control/Extermination Service).

(b) Attic Space.

1. The Inspector shall Observe the following exposed Readily Accessible and Observable roof framing structural components: The exposed portions of the roof framing, including the roof sheathing.

2. The Inspector shall Identify: a. The type of framing: Rafters, Collar Ties, Tie Beams, Trusses, Other b. Roof Sheathing: Boards, Oriented Strand Board, Plywood, Other. c. The methods used to Observe attics (through a hatch or while standing in the attic space).

3. The Inspector shall Report On: a. The presence and/or lack of flooring, obstructions, unsafe access, and dangerous or adverse situations that prevented him/her from inspecting the items noted in 266 CMR 6.04(3)(b)2. b. The following exposed Readily Accessible and Observable structural components of the roof framing: i. The roof framing (Rafters, Collar Ties, Tie Beams, Rafter Ties, Trusses, Beams, Other) ii. Sheathing Materials (Boards, Oriented Strand Board, Plywood, Other). c. The presence of a light.

4. The Inspector shall: a. Probe exposed Readily Accessible and Observable structural components where deterioration is suspected: However, probing is NOT required when probing would unduly damage any finished surface. b. Note the presence of a light. c. Note the presence of collar ties and/or tie beams.

5. Exclusions: Including but not limited to 266 CMR 6.04(3)(b)5.a. through e. the Inspector shall not be required to: a. Enter the Attic Space: i. If it is not Readily Accessible,

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266 CMR -26.1

266 CMR: BOARD OF REGISTRATION OF HOME INSPECTORS 6.04:

continued ii. If access is obstructed and/or if entry could damage the property, iii. If a Dangerous or Adverse Situation is suspected and Reported by the Inspector. b. Walk on the exposed and/or insulation covered framing members. c. Collect engineering data such as the size, span, spacing, species, section modulus, slenderness ratio and/or modulus of elasticity of the structural members. (Engineering services). d. Provide access to the items being inspected. e. Observe and Report On Wood destroying insects, rodents and/or vermin unless specifically contracted for in writing.

(Independent Pest Control/Extermination Service).

(4) System: Electrical. (a) The Inspector shall Observe the Readily Accessible and Observable Electrical Systems and Components: 1. The exterior of the exposed service entrance conductors.

2. Exterior receptacles.

3. The service equipment, grounding system, main overcurrent device, and the interior of the service and distribution panels (by removing the enclosure covers).

4. The exterior of the exposed branch circuit and feeder conductors, their overcurrent devices, and the compatibility of their ampacities and voltages.

5. Random interior receptacles.

6. The number of branch circuits and overcurrent devices in the panel enclosures. (b) The Inspector shall Identify: 1. The service as being overhead or underground, cable, encased in conduit, other.

2. The type of service, feeder, and branch-circuit conductor materials (copper, copper-cladded aluminum, aluminum, other).

3. The type of Interior Wiring (Armored Cable, Conduit, Tubing, Nonmetallic Cable, Knob and Tube, Flat Cable Assemblies, Other).

4. The location of the service and distribution panels and indicate whether they are Readily Accessible and Observable.

5. The ampacity and the voltage of the main service disconnect (30, 60, 100, 125, 150 and/or 200 amp, other service, 120, 120/240, 120/208-volt system).

6. Any of the overcurrent devices that are in the off position. (c) The Inspector shall Report On the following Readily Accessible and Observable Electrical Systems and Components: 1. The electrical service equipment including the service and distribution panels.

2. Undedicated exterior and interior electrical receptacles and polarity, grounding and ground fault protection issues (if any) 3. Any polarity or grounding issues of the receptacles required to be tested.

4. The exposed and Readily Accessible and Observable interior wiring.

5. Conditions that prevented him/her from inspecting any of the items noted above. (d) The Inspector shall: 1. Test: a. The polarity and grounding of a representative sample of the Readily Accessible two and three-prong receptacles throughout the dwelling. b. The polarity and grounding of all un-dedicated bathroom and kitchen countertop receptacles. c. The polarity and grounding of all Readily Accessible, non-dedicated receptacles in the attached garage and on the exterior of inspected structures and in unfinished basements, and check to see if they are ground fault protected. d. The operation of all Readily Accessible Ground-fault Circuit Interrupters. e. The operation of all Readily Accessible Arc Fault Current Interrupters. f. All bathroom and kitchen countertop receptacles to see if those receptacles are ground fault protected.

2. Note: a. The reason(s) for not removing any panel covers. b. The location of the service and distribution panels.

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266 CMR – 26.2

266 CMR: BOARD OF REGISTRATION OF HOME INSPECTORS 6.04:

continued c. The presence of aluminum wiring, and i. If the exposed and Readily Accessible and Observable aluminum conductor terminations are coated with a termination compound, and ii. If the overcurrent devices are identified for use with aluminum wire. d. If the electrical system is attached to both the city and dwelling side of the water piping and/or a ground rod. e. If the water piping is not bonded to the electrical system within the first five feet of its entry into the Basement. f. If the neutral and equipment-ground terminal bars are bonded to the panel enclosures. g. The compatibility of the overcurrent devices and the size of the protected conductor (Over-fusing). h. The functionality of ground-fault and arc fault protected receptacles, if any, as determined by the required testing. i. The existence of ground fault protection devises on all bathroom, kitchen countertop, exterior, unfinished basement, laundry and undedicated attached garage receptacles. (e) Exclusions: Including but not limited to 266 CMR 6.04(4)(e)1. through 6., the Inspector shall not be required to: 1. Collect engineering data on the compatibility of the overcurrent devices with the panel and/or determine the short circuit interrupting current capacity. (Engineering services).

2. Determine the adequacy of the ground and/or the in place systems to provide sufficient power to the dwelling, or reflect on the sufficiency of the electric distribution system in the Dwelling (Engineering/Electrical Services).

3. Insert any tool, probe, or testing device inside the panels.

4. Test or Operate any overcurrent device except Ground-fault Circuit Interrupters and Arc Fault Interrupters.

5. Dismantle any electrical device or control other than to remove the covers of the service and distribution panels.

However, the Inspector is not required to remove the covers of the service and distribution panels if the panel covers are not Readily Accessible, if there are Dangerous or Adverse Situations present, or when removal would damage or mar any painted surface and/or covering materials.

6. Observe or Report On: a. The quality of the conductor insulation. (Electrical Services). b. Test for Electro-Magnetic fields. (Electrical Services). c. Low voltage systems, doorbells, thermostats, other. d. Smoke and carbon monoxide detectors (Seller's responsibility, M.G.L. c. 148, ยง 26E and 527 CMR 31.06). e. Telephone, security alarms, cable TV, intercoms, or other ancillary wiring that is not a part of the primary electrical distribution system. f. Underground utilities, pipes, buried wires, or conduits (Dig Safe).

(5) System: Plumbing. (a) The Inspector shall Observe: 1. The exposed Readily Accessible and Observable interior water supply and distribution system including: a. Piping materials, including supports and insulation. b. Fixtures and faucets. c. Functional Flow. d. Leaks. e. Cross Connections.

2. The exposed Readily Accessible and Observable exterior and interior drain waste and vent system, including: a. Traps; drain, waste, and vent piping; piping supports and pipe insulation. b. Leaks. c. Functional Drainage.

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266 CMR -26.3

266 CMR: BOARD OF REGISTRATION OF HOME INSPECTORS 6.04:

continued 3. Hot water systems including: a. Water heating equipment. b. Normal Operating Controls. c. The presence of Automatic Safety Controls. d. The exterior of the chimneys, thimbles and vents.

(b) The Inspector shall Identify: 1. The type(s) and condition of water distribution piping materials (Brass, Copper, Steel, Lead, Plastic, Other).

2. The type(s) and condition of drain, waste, and vent piping materials (Brass, Copper, Cast Iron, Galvanized, Lead, Plastic, Steel, Other).

3. The type of water heating equipment (Gas, Electric, Oil, Tankless, Solar, Other), and the nameplate capacity of the water heating equipment (gallons and/or gallons per minute).

4. The location of the main shut off valve. (c) The Inspector shall Report On 1. The water heater.

2. The exposed flue piping and the existence of thimbles in the chimney.

3. The Readily Accessible and Observable waste and water distribution systems. (d) The Inspector shall: 1. Operate all plumbing fixtures where practical, including their faucets if readily Accessible.

2. Note: a. The presence of a pressure/temperature valve and vacuum relief valve at the water heater. b. The existence of Cross Connections if Readily Accessible and Observable. c. The existence of any visible leaks. d. conditions that prevented him/her from inspecting any of the Plumbing Components and Systems (e) Exclusions: Including but not limited to 266 CMR 6.04(5)(e)1. through 6., the Inspector shall not be required to: 1. Test the operation of any valve except Readily Accessible water closet flush valves and fixture faucets.

2. Collect engineering data on the size of or length of water and/or waste systems and/or remove covering materials (Engineering/Plumbing services).

3. Report On the adequacy and/or the efficiency of the in place systems to provide sufficient hot water to the dwelling, sufficient water supply, or drainage for the dwelling (Engineering services).

4. State the effectiveness of anti-siphon devices (Engineering/Plumbing services).

5. Determine whether water supply and waste disposal systems are public or private (Seller/Seller's Representative responsibility).

6. Observe, Operate, or Report On: a. The exterior hose bibs. b. Water conditioning systems. c. Fire and lawn sprinkler systems. d. On-site or public water supply quantity and quality. e. On-site (Title V Inspection, 310 CMR 15.00) or public waste disposal systems. f. Foundation sub drainage systems. g. whirlpool tubs, except as to functional flow and functional drainage. h. interior of flue linings. i. Underground utilities, pipes, buried wires, or conduits (Dig Safe). j. Equipment related to on-site water supply systems. k. Water filtration Components and Systems.

(6) System: Heating. (a) The Inspector shall Observe the following permanently installed exposed Readily Accessible and Observable heating Components and Systems: 1. Heating equipment including, but not limited to burners, valves, controls, circulators and fans.

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266 CMR -26.4

266 CMR: BOARD OF REGISTRATION OF HOME INSPECTORS 6.04

continued 2. Normal operating controls 3. Automatic Safety Controls.

4. The exterior of the chimneys, thimbles and vents.

5. Solid fuel heating devices.

6. Heating distribution systems including Readily Accessible fans, pumps, ducts, piping and supports, dampers, insulation, air filters, registers, radiators, fan coil units, convectors.

7. Insulation.

8. The presence of an installed heat source in each habitable room including kitchens and bathrooms.

9. The exposed flue piping and the existence of a thimble(s).

10 The presence of a fireplace(s) and the operation of their damper(s).

(b) The Inspector shall Identify: 1. The type of energy source (Coal, Electric, Gas, Heat Pump, Oil, Wood, Other).

2. The heating equipment (Electric, Hot Air, Hot Water, Steam, Other).

3. The type of distribution system: a. Piping: (Black Iron, Copper, Other). b. Duct work: (Aluminum, Fiberglass, Steel, Other). (c) The Inspector shall Report On the following permanently installed and Readily Accessible and Observable heating system components: 1. The heating equipment.

2. The distribution system.

3. The flue piping and the existence of a thimble(s).

4. The fireplace hearth(s) 5. The fireplace damper(s). (d) The Inspector shall: 1. Note: a. The absence of an installed heat source in habitable rooms including kitchens and bathrooms. b. The existence of insulation. c. The presence of exposed flues in the smoke chamber being utilized by other appliances. d. The operation (only) of fireplace dampers. e. The existence of abandoned oil tanks. f. Any observed evidence of underground oil tanks. (Exposed abandoned oil lines, meters, etc.) Abandoned oil tanks and associated piping must be removed per 527 CMR. 2. If possible, have the Seller and/or the Seller's Representative Operate the systems using Normal Operating Controls. If not possible for Seller or Seller's Representative to Operate system, the Inspector shall Operate system using Normal Operating Controls and Report On condition of the heating equipment.

3. Open Readily Accessible and Operable Access Panels provided by the manufacturer or installer for routine homeowner maintenance. (e) Exclusions: Including but not limited to 266 CMR 6.04(7)(e)1. through 7., the Inspector shall not be required to: 1. Test and/or inspect the heat exchanger. This requires dismantling of the furnace cover and possible removal of controls.

(Engineering services/Heating services).

2. Collect engineering data on the size of the heating equipment and/or the size or length of the distribution systems.

(Engineering/Heating services).

3. Report On the adequacy or uniformity of the in place system(s) to heat the dwelling and/or the various rooms within the dwelling (Engineering/Heating services).

4. Operate heating systems when weather conditions or other circumstances may cause equipment damage, or when the electrical and/or fuel supply to the unit is in the off position.

5. Ignite or extinguish solid fuel and/or gas fires.

6. Identify the type of insulation coverings.

7. Observe, Identify, or Report On: a. The interior of flues with the exception of exposed flues serving other appliances as Observed in the smoke chamber of the fireplace.

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266 CMR – 26.5

266 CMR: BOARD OF REGISTRATION OF HOME INSPECTORS 6.04:

continued b. Fireplace inserts flue connections. c. Humidifiers. d. Electronic air filters. e. Active underground pipes, tanks, and/or ducts. However, the Inspector must Report their existence if it is known. f. Active oil tanks. g. The uniformity or adequacies of heat supply to the various rooms.

(7) System: Central Air Conditioning. (a) The Inspector shall Observe: 1. The following exposed Readily Accessible and Observable central air conditioning components: a. Cooling and air handling equipment. b. Normal operating controls.

2. The following exposed Readily Accessible and Observable distribution systems: Fans, pumps, ducts and piping, with supports, dampers, insulation, registers, fan-coil units, condensers, the presence of insulation on the distribution system. (b) The Inspector shall Identify the type of distribution system (Duct work: Aluminum, Fiberglass, Steel, Other). (c) The Inspector shall Report On the following exposed Readily Accessible and Observable central air conditioning components: 1. The distribution system 2. The insulation on the exposed supply ductwork.

3. The condition of the condenser and air-handling unit. (d) The Inspector shall: 1. If possible, have the Seller and/or the Seller's Representative Operate the systems using Normal Operating Controls 2. Open Readily Accessible Operable Access Panels provided by the manufacturer or installer for routine homeowner maintenance and Report On conditions Observed.

3. Note a. Whether or not the cold gas line is insulated. b. Whether there is, a service receptacle and a visible service disconnect switch in the area of the condenser and air handling equipment. (e) Exclusions: Including but not limited to 266 CMR 6.04(7)(e)1. through 7., the Inspector shall not be required to: 1. Collect engineering data on the size of the cooling equipment, the size or length of the distribution systems.

2. Identify the type of insulation coverings.

3. Observe, Identify, or Report On air filters and/or their effectiveness.

4. Have the Seller and/or the Seller's Representative Operate the cooling systems when weather conditions or other circumstances may cause equipment damage, or when the electrical supply to the unit is in the off position.

5. Observe, Identify, or Report On evaporator coils (Requires dismantling of the plenum cover and possible removal of controls which is HVAC technician work).

6. Observe, Identify, or Report On non-central air conditioners.

7. Report On the adequacy or uniformity of the in place system(s) to cool the dwelling and/or the various rooms within the dwelling (Engineering/Heating services).

(8) System: General Interior Conditions. (a) The Inspector shall Observe: 1. Walls, ceiling, and floors.

2. Steps, stairways, balconies, hand and guard railings.

3. Counter tops and a representative number of cabinets.

4. A representative number of doors and windows.

5. Separation walls, ceilings, and doors between a dwelling unit and an attached garage or another dwelling unit. (b) The Inspector shall Identify: 1. The type of exposed floor material (brick, carpet, ceramic tile, linoleum, slate, vinyl tile, wood, other).

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266 CMR -26.6

266 CMR: BOARD OF REGISTRATION OF HOME INSPECTORS 6.04:

continued

2. The type of exposed wall materials (brick, ceramic tile, fiberglass, laminates, paneled, plaster, gypsum wallboard, plastic tile, other).

3. The type of exposed ceiling materials (acoustical tile, gypsum wallboard, plaster, wood, other). (c) The Inspector shall Report On: 1. The floor.

2. The walls.

3. The ceilings.

4. The condition of the interior stairs, hand and guard railings.

5. Signs of water penetration.

6. The interior doors Observed and tested.

7. The windows (d) The Inspector shall operate a representative number of doors, windows, and cabinets (e) Exclusions: Including but not limited to 266 CMR 6.04(8)(e)1. and 2., the Inspector shall not be required to: 1. Observe and Report On the following: a. Paint, wallpaper, and other finish treatments on the interior walls, ceilings, and floors. b. Draperies, blinds, or other window treatments. c. Household appliances.

2. Determine the fire safety rating of any walls, ceilings, and doors between a dwelling unit and an attached garage or another dwelling unit.

(9) System: Insulation and Ventilation. (a) The Inspector shall Observe the following Readily Accessible and Observable Components and Systems: 1. Exposed insulation in unfinished spaces.

2. Ventilation of Attics and Under Floor Crawl Space areas.

3. Bathroom venting systems (b) The Inspector shall Identify: 1. The type of ventilation in the attic space (None, Ridge, Soffit, Area, Power Vent, Gable, Eave, Mushroom, Turbine, Other).

2. The existence and/or absence of bathroom ventilation other than a window(s). (c) The Inspector shall Report On the following Readily Accessible and Observable Components and Systems: 1. Exposed insulation in unfinished spaces.

2. Ventilation of attics and Under Floor Crawl Space areas.

3. Bathroom venting systems. (d) The Inspector shall Note: 1. The absence of insulation in unfinished space at Conditioned Surfaces.

2. The absence of ventilation of an Under Floor Crawl Space. (e) Exclusions: Including but not limited to 266 CMR 6.04(9)(e)1. through 5., the Inspector shall not be required to Observe and Report On the following: 1. The type(s) and/or amounts of insulation and/or its material make-up.

2. Concealed insulation and vapor retarders.

3. Venting equipment that is integral with household appliances.

4. The venting of kitchens.

5. The adequacy, uniformity and capacity of the in place system(s) to ventilate the various areas of the dwelling (Engineering/Heating services).

6.05: General Limitations and Exclusions of the Home Inspection (1) General Limitations. (a) Home Inspections done in accordance with the standards set forth in 266 CMR 6.04 are visual and not Technically Exhaustive. (b) The Home Inspections standards set forth in 266 CMR 6.04 are applicable to Residential Buildings with four or less Dwelling units under one roof and their attached garages.

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266 CMR – 26.7

266 CMR: BOARD OF REGISTRATION OF HOME INSPECTORS 6.05:

continued

(2) General Exclusions. (a) Inspectors shall not be required to Report On: 1. The remaining life expectancy of any component or system.

2. The causes of the need for repair.

3. The materials for corrections of the problem.

4. The methods of repair other than to indicated the repair should comply with applicable requirements of the governing codes and sound construction practices.

5. Compliance or non-compliance with applicable regulatory requirements unless specifically contracted for in writing.

6. Any component or system not covered by 266 CMR 6.04.

7. Cosmetic items.

8. Items that are not Readily Accessible and Observable, underground items, or items not permanently installed.

9. Systems or Components specifically excluded by Client (noted in writing in the Contract or in the Report). (b) Inspectors shall not be required to perform or provide any of the following under the Home Inspection specified in 266 CMR 6.04: 1. Offer warranties, guarantees and/or insurance policies of any kind on the property being inspected.

2. Collect any engineering data (the size of structural members and/or the output of mechanical and/or electrical equipment).

3. Inspect spaces that are not Readily Accessible and Observable. Enter any area or perform any procedure, which may damage the property or its components, or be dangerous and unsafe to the Inspector or other persons, as determined by and Reported by the Inspector.

4. Disturb or move insulation, stored and/or personal items, furniture, equipment, plant life, soil, snow, ice, or debris that obstructs access or visibility.

5. Determine the effectiveness of any system installed to control or remove suspected hazardous substances 6. Predict future conditions, including but not limited to failure of Components. (See Additional Services) 7. Project operating costs of Components.

8. Determine extent or magnitude of damage or failures noted.

9. Operate any System or Component which does not respond to normal operating controls.

10. Test for radon gas.

11. Determine the presence or absence of pests including but not limited to: rodents or wood destroying insects.

12. Determine the energy efficiency of the dwelling as a whole or any individual system or component within the dwelling.

13. Perform Environmental Services including determining the presence or verifying the absence of any micro organisms or suspected hazardous substances including, but not limited to, carbon monoxide, latent surface and/or, subsurface Volatile Organic Compounds, PCB's, asbestos, UFFI, toxins, allergens, molds, carcinogens, lead paint, radon gas, electromagnetic radiation, noise, odors, or any contaminants in soil, water, air wet lands and/or any other environmental hazard not listed in 266 CMR 6.05(2)(a) and (b).

14. Evaluate acoustical characteristics of any system or component.

15. Inspect surface and subsurface soil conditions.

6.06: Prohibitions Inspectors are prohibited from: (1) Reporting on the market value of property or its marketability and/or the suitability of the property for any use.

(2) Advising their Client about the advisability or inadvisability of the purchase of the property.

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266 CMR – 26.8

266 CMR: BOARD OF REGISTRATION OF HOME INSPECTORS 6.06:

continued

(3) Testing Automatic Safety Controls.

(4) Activating the sump pumps and/or dehumidifiers.

(5) Offering or performing any act or service contrary to law and/or 266 CMR 6.00.

(6) Determining the cost of repairs of any item noted in their Report and/or inspected by them and/or their firm.

(7) Offering to make and/or perform any repair, provide any remedy: including but not limited to performing engineering, architectural, surveying, plumbing, electrical and heating services, pest control (treatment), urea formaldehyde or any other job function requiring an occupational license and/or registration (in the jurisdiction where the inspection had taken place) on a Dwelling, and/or Residential Building inspected by his/her firm. The only exception is if those repairs and/or services are part of a negotiated settlement of a complaint and/or claim against the Inspector and/or the firm he/she/represents.

(8) However, nothing in 266 CMR 6.06 shall prohibit the Inspector and/or his/her/firm from offering consulting services on a Dwelling, and/or Residential Building his/her firm has not inspected as long as the consulting service is not pursuant to the sale and/or transfer of the property and/or dwelling.

(9) Operating any system or component that is shut down or otherwise inoperable. (However, the Inspector shall recommend the Seller and/or the Seller's Representative demonstrate that those systems and/or components are functional).

(10) Turn on any electrical or fuel supply and/or devices that are shut down. (However, the Inspector shall recommend the Seller and/or the Seller's Representative demonstrate that those systems and/or components are functional).

6.07: Optional Fee Based Services There are certain risks inherent in the purchase of property and a Home Inspection is inherently limited in its scope and depth. The information gained from Home Inspection conforming to 266 CMR 6.04 may reduce some of those risks, but the Home Inspection is not intended to provide the Client with protection from all of the risks involved.

The Home Inspector may provide Optional Fee Based Services addressing items including, but not limited to, those excluded in 266 CMR 6.04 provided the service is specifically contracted for in writing and/or included in the Report, and do not include the physical repair, abatement, or treatment to the Dwelling, and/or Residential Building being inspected, and is not prohibited under 266 CMR 6.06.

To offer any such services that require an occupational license and/or registration, the Inspector shall hold a valid registration and/or occupational license in the jurisdiction where the inspection is taking place. The Inspector shall inform the Client in writing that he/she is so registered/licensed and is therefore qualified to go beyond the standards of 266 CMR 6.04.

6.08: Required Distribution of Energy Audit Documents (1) Purpose and Scope. The purpose of 266 CMR 6.08 is to promote the informed use of energy audits by providing a document, outlining the procedures and benefits of a home energy audit, to buyers of residential dwellings at or before the time of closing.

(2) Requirement. Home Inspectors shall provide a document outlining the procedures and benefits of a home energy audit to all Clients purchasing a single-family residential dwelling, a multiple-family residential dwelling with less than five dwelling units, or a condominium unit in a structure with less than five dwelling units.

(3) Distribution of Document -Availability, Timing, and Format. The Board shall make a copy of the document to be distributed available on its website. The document must be provided to the buyer of the real estate at or before closing.

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266 CMR -26.9

266 CMR: BOARD OF REGISTRATION OF HOME INSPECTORS 6.08:

continued

(4) Prohibition of Additional Fees. No additional fees shall be imposed upon or collected from the buyer or seller of the real estate in connection with the provision of such document.

REGULATORY AUTHORITY 266 CMR 6.00: M.G.L. c.13, § 96 and c. 112, §§ 221 through 226.

7/24/09

266 CMR – 26.10

Professional Competence and Conduct

Massachusetts Student Handbook

266 CMR 8.00: Professional Competence and Conduct By the Division of Professional Licensure 

8.01: Grounds for Imposition of Disciplinary Sanctions



8.02: Prohibition against Deceptive Advertising and Fee Setting Practices



8.03: Ethical Standards and Professional Conduct

8.01: Grounds for Imposition of Disciplinary Sanctions (1) Violation of one or more of specified rules of conduct set forth in M.G.L. c. 112, § 225 may be considered unprofessional and improper conduct and subject the Registrant to Board discipline as set forth in M.G.L. c. 30A, c. 112, § 226, and 266 CMR 9.00.

(2) Violation of or failure to comply with any of the laws of the Commonwealth relating to the practice of home inspecting or a violation of or failure to comply with a rule or regulation adopted there under may be considered unprofessional and improper conduct subject to Board discipline as set forth in M.G.L. c. 30A, c. 112, § 226, and 266 CMR 9.00.

(3) If a Registrant is convicted of or admits to sufficient facts or pleads nolo contendre to a crime in any jurisdiction, whether a felony or misdemeanor regardless of adjudication or sentence, and this crime relates to home inspecting or impacts the Registrant's ability to safely and effectively practice home inspecting, said conviction may be considered unprofessional and improper conduct subject to Board discipline as set forth in M.G.L. c. 30A, c. 112, §§ 61 and 226 and 266 CMR 9.00.

8.02: Prohibition Against Deceptive Advertising and Fee Setting Practices (1) Deceptive Advertising. The following advertising practices are considered fraudulent, false, deceptive, or misleading, and are prohibited: (a) No person or persons shall advertise as a Home Inspector and/or hold themselves out as able to Operate a home inspection firm, company, corporation and/or business unless there is a duly licensed Home Inspector on staff and who is responsible for all inspection activities and all inspections are in compliance with 266 CMR 6.00 et seq. (b) Advertising that contains a misrepresentation of facts or false statements regarding the Registrant's professional achievements, degrees, training, skills, and/or qualifications in the home inspection profession and/or any other profession requiring licensure. (c) Advertising in which the content or the context makes only a partial disclosure of relevant facts (such as advertising, which advertises a discounted price without identifying the specific product or service to which the discounted price applies and without specifying the usual price for the product or services identified). (d) Advertising that contains a representation that a continuing education or training program is approved by the Board if the content of the program departs from the content approved by the Board or is not in fact approved. (e) Advertising that claims the Commonwealth of Massachusetts or any of its political subsidiaries certify the Inspector's Reports and/or its contents.

(2) The Inspector shall charge a fee commensurate with the services provided.

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8.03: Ethical Standards and Professional Conduct (1) Requirement to Respond to Board.

(a) A Registrant shall respond within ten days to a written communication from the Board or its designee and shall make available to the Board any relevant records with respect to an inquiry or complaint about the Registrant's professional conduct. The ten-day period commences on the date the Board sends the communication to the Registrant's address of record. (b) A Registrant shall cooperate with any reasonable request from a Division agent or employee acting on behalf of the Board while investigating a complaint or allegations regarding the Registrant's professional conduct as a Home Inspector, Associate Home Inspector, or an Associate Home Inspector or Trainee under his/her supervision.

(2) Welfare of Persons Served. (a) Registrants shall not provide any services beyond the scope of their practice or for which they are not appropriately licensed. (b) Registrants shall not misrepresent certifications, qualifications, affiliations, educational background or experience in the profession to the public, colleagues or other individuals or institutions. (c) Registrants shall fully inform persons served of the nature, and limitations of services rendered or to be rendered. (d) Registrants shall disclose, in writing, including a written statement imbedded in the Report in bold print in an obvious location, any financial or family relationship with the Seller, the Seller's Representative and/or the Seller's Representative office. (e) A Registrant shall not charge for services not rendered excepting, but not limited to, cancellation or access not being provided to the dwelling and/or areas to be inspected. (f) Unless required by law, the Registrant shall not reveal to any unauthorized person any confidential information obtained from the Home Inspection or individual that the Registrant serves professionally without the Client's permission. (g) Registrants shall take all reasonable precautions to avoid injuring persons and property in the delivery of professional services. (h) Registrants shall establish professional relationships with Clients and colleagues and follow acceptable patterns of professional conduct with such persons regardless of race, religion, gender, sexual orientation, or age. (i) Registrants shall stamp and/or sign only those documents reviewed or prepared by them certifying they are in conformity with 266 CMR 6.00 et seq.

(3) Professional Objectivity/Conflict of Interest. (a) Registrants shall maintain objectivity in all matters concerning the welfare of persons served professionally. (b) Registrants must guard against conflicts of professional interest.

1. They shall not engage in commercial activities that conflict with their responsibility to Clients or to colleagues.

2. Registrants shall promptly disclose to a Client or potential Client information about any business interest of the licensee that may affect the Client of the potential Client in connection with the home inspection.

3. Registrants shall not accept fees, gifts, or other forms of gratuities for recommending or not recommending a particular contractor or product or use of a particular referral source.

4. Registrants shall not knowingly permit a real estate broker or salesperson (as defined in M.G.L. c 112, ยง 87PP) to directly recommend his/her services. This prohibition shall not apply if there is a written contractual agreement or a written agency disclosure between a specific buyer and the real estate broker specifying the real estate broker is acting exclusively for the buyer as a Buyer's Broker.

5. Registrants shall not provide fees, gifts, insurance, waivers of liability, or other forms of gratuities to real-estate offices, Buyer's Brokers, real estate brokers or salespersons (as defined in M.G.L. c 112, § 87PP and M.G.L. c 112, § 87YY½) and/or Seller's Representatives.

6. Registrants shall not associate in business ventures with or permit the use of their name or firm name to be used in association with any person or firm which they may have reason to believe is engaging in fraudulent or dishonest business or professional practices.

7. Registrants having knowledge of any alleged violation of 266 CMR shall cooperate with the Board in furnishing such information or assistance as may be required.

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REGULATORY AUTHORITY 266 CMR 8.00: M.G.L. c. 13, § 96 and c.112, §§ 221 through 226.

Complaint Process

Massachusetts Student Handbook

266 CMR 9.00: Complaint Process By the Division of Professional Licensure 

9.01: Record Keeping



9.02: Initiation



9.03: Inquiry and Investigation



9.04: Request for Response



9.05: Informal Conference



9.06: Board Action Required

9.01: Record Keeping Home Inspectors and Associate Home Inspectors, shall maintain a copy of all Reports prepared by them or under their supervision for a period of not less than three years from the date of the completion of the written Report.

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9.02: Initiation Any person, organization, agent, or employee of the Division, or member of the Board may file a complaint or provide information to the Board that alleges misconduct by a Registrant. The Board's complaint form shall request the name, address, and telephone number of the party filing the complaint and a detailed description of the alleged act(s) that prompted the complaint and must be signed by the complainant or an authorized representative. The Board, at its discretion may investigate anonymous complaints.

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9.03: Inquiry and Investigation After receipt and review of a written complaint, the Board shall conduct or cause to be conducted any reasonable inquiry or investigation it deems necessary to determine the truth and validity of the allegations set forth in such complaint. If the Board determines that the complaint is lacking in merit, it may close the complaint.

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9.04: Request for Response If the Board determines that a complaint has merit, the Board or its duly authorized agent may request that the Registrant who is the subject of the complaint provide a response to the complaint.

A Registrant may respond to a request for response either personally or through an attorney. A response must address the substantive allegations set forth in the complaint or request for response and be provided in writing and in a timely manner in accordance with such request.

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9.05: Informal Conference

To facilitate disposition, the Board or its duly authorized agent may request any person to attend an investigative conference to discuss the complaint and response at any time prior to the commencement of a formal hearing conducted pursuant to M.G.L. c. 30A. Top

9.06: Board Action Required If a Registrant fails to respond as requested by the Board or its duly authorized agent, or, after receipt of a response or at any point in the course of investigation or inquiry into a complaint, the Board determines that there is reason to believe that the alleged acts occurred and constitute a violation for which a Registrant may be sanctioned by the Board, the duly authorized agent or the Board may issue an order to show cause or offer to resolve the complaint by consent agreement or otherwise informally resolve the matter.

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REGULATORY AUTHORITY 266 CMR 9.00: M.G.L. c. 13, § 96 and c.112, §§ 221 through 226.

PART I. ADMINISTRATION OF THE GOVERNMENT TITLE XVI. PUBLIC HEALTH CHAPTER 112. REGISTRATION OF CERTAIN PROFESSIONS AND OCCUPATIONS REGISTRATION AND LICENSING OF PERFUSIONISTS Chapter 112: Section 225. Complaints against licensed home inspectors; proof of errors and omissions insurance policy; time limitation; liability

Section 225. The board shall establish procedures for the filing of complaints regarding home inspectors who are subject to requirements for licensure.

A licensed home inspector and associate home inspector engaged in the practice of home inspection shall secure, maintain and file with the board satisfactory proof of a certificate of an errors and omissions policy which shall be in a minimum amount of $250,000 in the aggregate.

Every proof of an errors and omissions policy shall stipulate that cancellation or nonrenewal of the policy shall not be effective until at least ten days’ notice of intention to cancel or not renew has been received in writing by the board. No home inspector or associate may supervise or perform a home inspection unless his performance of the inspection is covered by an errors and omissions policy of at least $250,000 in the aggregate. Such proof shall be deemed satisfactory if the policy is carried by the licensed company, partnership or franchise for which the home inspector or associate home inspector is a contracted employee and the home inspector or associate home inspector is specifically covered by such policy.

A licensed home inspector and associate home inspector shall promptly report to the insurance company any complaint filed against either the inspector or the inspector’s company in a court of competent jurisdiction when the claim in the complaint is greater than the deductible on the inspector’s errors and omissions insurance policy.

Any action arising from a home inspection shall be commenced only within three years after the date of a completed written report of a home inspection by a home inspector.

Said board shall investigate all complaints filed with the board relating to the proper practice of home inspection and all complaints relating to a violation of this chapter or any rule or regulation of said board.

Said board may, by a majority vote, after a hearing held subject to chapter 30A, deny, refuse renewal, limit, suspend or revoke the license of a home inspector or an associate home inspector upon proof to the satisfaction of the board that the holder thereof has: (1) committed fraud or misrepresentation in obtaining a license;

(2) been guilty of criminal conduct which the board determines to be of such a nature as to render such a person unfit to practice as a licensed home inspector or associate home inspector, as evidenced by criminal proceedings which resulted in a conviction, guilty plea or plea of nolo contendere or an admission of sufficient facts; (3) failed to report a claim forthwith to the insurance carrier as provided in this section; (4) violated any rule or regulation of the board; (5) failed to fulfill any continuing education requirements set out by the board; (6) violated any ethical standard which the board determines to be of such a nature as to render such person unfit to practice as a home inspector or associate home inspector, such as: (i) disclosing information concerning the results of the home inspection without the approval of a client or the client’s representative; (ii) accepting compensation from more than one interested party for the same service without the consent of all interested parties; (iii) accepting commissions or allowances, directly or indirectly, from parties other than the client in connection with work for which the licensee is responsible to the client; (iv) failing to promptly disclose to a client or potential client information about any business interest of the licensee which may affect the client or potential client in connection with the home inspection; (v) attempting to limit liability for negligent or wrongful errors or omissions by use of a clause within a performance contract that limits the cost of damages for negligent or wrongful errors or omissions; or (vi) conducting a home inspection without the appropriate errors and omissions insurance coverage; (7) failed to provide a written report of the completed home inspection; (8) reported on the market value of the property or its marketability; or (9) reported on the advisability or inadvisability of the purchase of the property.

Procedures for Hearings and Appeals

Massachusetts Student Handbook

266 CMR 10.00: Procedures For Hearings and Appeals By the Division of Professional Licensure 

10.01: Adjudicatory Hearings



10.02: Disposition and Sanctions



10.03: Appeal

10.01: Adjudicatory Hearings All adjudicatory proceedings before the Board are governed by 801 CMR 1.00: Standard Adjudicatory Rules of Practice and Procedure as promulgated by the Executive Office of Administration and Finance.

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10.02: Disposition and Sanctions The Board may, by a majority vote of the entire Board and upon determination made after a hearing pursuant to M.G.L. c. 30A, find that a Registrant has violated the provisions of M.G.L. c. 112, §§ 221 through 226 or M.G.L. c. 112, § 61 and/or 266 CMR 1.00 through 10.03 and impose sanctions, fines and penalties as set out in M.G.L. c. 112, § 226 or M.G.L. c. 112, § 61.

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10.03: Appeal Any appeal from a final adjudicatory disposition and/order by the Board is governed by and subject to the provisions of M.G.L. c. 30A or M.G.L. c. 112, § 64.

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REGULATORY AUTHORITY 266 CMR 10.00: M.G.L. c. 13, § 96 and c. 112, §§ 221 through 226.

Insurance Requirements

Massachusetts Student Handbook

266 CMR 11.00: Insurance Requirements For Limited Liability Corporations and Limited Liability Partnerships By the Division of Professional Licensure 

11.01: Liability Insurance Requirements for Limited Liability Corporations and Limited Liability Partnerships



11.02: Cancellation of Insurance



11.03: Verification of Insurance

11.01: Liability Insurance Requirements for Limited Liability Corporations and Limited Liability Partnerships A limited liability company and a limited liability partnership which owns or operates any practice, facility or business which provides hearing instrument services shall maintain professional liability insurance which meets the following minimum standards: (1) The insurance shall cover negligence, wrongful acts, errors and omissions and insure the LLC and its officers or the LLP and its partners as required by M.G.L. c. 156C, § 65 and M.G.L. c. 108A, § 45(8)(a), respectively.

(2) For each claim concerning an LLC, the minimum insurance coverage shall be either: (a) at least $250,000.00 multiplied by the number of individual registrants employed by or who are officers of the LLC; or (b) an aggregate amount of at least $1,000,000.00 multiplied by the number of individual registrants employed by or who are officers of the LLC. (3) For each claim concerning an LLP, the minimum insurance coverage shall be: (a) at least $250,000.00 multiplied by the number of individual registrants employed by or who are partners of the LLP; or (b) an aggregate amount of at least $1,000,000.00 multiplied by the number of individual registrants employed by or who are partners of the LLP. (4) An LLP shall be considered to have complied with the requirements of 266 CMR 11.01 if the partnership provides for the above-specified amount of funds specifically designated and segregated for the satisfaction of judgments against the partnership or its partners based on negligence, wrongful acts, errors and omissions by: (a) deposit in trust or in bank escrow of cash, bank certificates of deposit, or United States Treasury obligations; or (b) a bank letter of credit or insurance company bond.

(5) The insurance coverage required by 266 CMR 11.01 may provide that it does not apply to any dishonest, fraudulent, criminal or malicious act or omission of the insured LLC or any employee or officer thereof or the insured LLP or any employee or partner thereof.

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11.02: Cancellation of Insurance

(1) Cancellation or any other interruption in required insurance coverage shall require an LLC or LLP to immediately cease the practice of providing home inspection services until such time as the LLC or LLP is in compliance with 266 CMR 11.00.

(2) An LLC or LLP must notify the Board within five business days if its insurance coverage is cancelled or otherwise interrupted. Failure to provide the required notice to the Board will subject to disciplinary action pursuant to M.G.L. c. 112, § 61 or § 199 registrants who are officers of the LLC or are partners of the LLP. Top

11.03: Verification of Insurance An officer of an LLC or a partner of an LLP may be required to provide verification of compliance with this section to the Board when he or she seeks initial licensure, renewal of a license or at any other time as requested by the Board.

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REGULATORY AUTHORITY 266 CMR 11.00: M.G.L. c. 13, § 96, c. 112, §§ 221 through 226.

Application Forms

Massachusetts Student Handbook

The Commonwealth of Massachusetts Division of Professional Licensure 239 Causeway Street Boston, MA 02114 www..mass.gov/dpl/boards/hi.index.htm Board of Registration of Home Inspectors (617) 727-0131 BOARD USE ONLY

Ex. Date______________ Ex. Result____________

Application for Associate Home Inspector License

Cert. Date ____________ Cert. No. _____________

Associate Home Inspector Fee $225 Attach certified CHECK or MONEY ORDER payable to the Commonwealth of MA. DO NOT SEND CASH

Please Use Ink or Type - Must Be Neat And Legible Last Name

Jr., Sr., III, etc.

First Name

Number, Street/P. O. Box

M. I.

Apt. No.

City or Town

State

Zip

Telephone Number Social Security Number

Pursuant to M.G.L c. 62C, s. 47A, the Division of Professional Licensure is required to obtain your social security number and forward it to the Department of Revenue.

The Department of Revenue will use it to ascertain whether you are in compliance with tax laws of the Commonwealth. The 1st five‐digits of your social security number will be redacted from your application for your protection.

Date of Birth Month

Day

Year

Date of National Home Inspector Exam _______________ Attach copy of photo score report

Attended

High School

Graduation Date

GED

Number of Inspections Application

PHOTO Photograph taken less than 1 year prior to filing application Do not use staples - Paste or cellophane tape only – 2” X 2” passport type

Board Use Only Total _________

Approved

Disapproved _______________________________ Executive Director/Designee

Associate Home Inspector Application

Applicant’s Name__________________

1. List any licenses/certifications you hold in the United States or any country or foreign jurisdiction and the state/jurisdiction from which the license/certification was originally issued. Please attach a certificate of standing from each state or jurisdiction in which you are licensed/certified, indicating the status of your license and any relevant disciplinary information. ______________________________________________________________________________ 2. Has a licensing/certification board located in the United States, any country or foreign jurisdiction, taken any disciplinary action against you? Yes ______ No ______ If yes, please state the details (use a separate sheet if necessary): ____________________________________________________________________________________ 3. Are you the subject of pending disciplinary actions by a licensing/certification board located in the United States or any country or foreign jurisdiction? Yes _______ No _______ If yes, please state the details (use a separate sheet if necessary): ____________________________________________________________________________________ 4. Have you ever voluntarily surrendered or resigned a professional license to a licensing/certification board in the United States or any country or foreign jurisdiction? Yes _______ No ______ If yes, please state the details (use a separate sheet if necessary): _______________________________________________ ____________________________________________________________________________________ 5. Have you ever applied for and been denied a professional license in the United States or any country of foreign jurisdiction?

Yes _______ No_______ if yes, please state the details (use a separate sheet if necessary): ____________________________________________________________________________________ 6. Have you ever been convicted of a felony or misdemeanor in the United States or any country or foreign jurisdiction, other than a traffic violation for which a fine of less than $100.00 was assessed?

Yes _______ No ________ If yes, please state the details (use a separate sheet if necessary): ____________________________________________________________________________________ *The Board is certified by the Criminal History Systems Board (ID# MAREG G ) to access data about convictions and pending criminal cases. Those records –and other Federal and professional records---may be checked as part of your licensing process. No records are automatic disqualifiers; you will be given an opportunity to discuss any issues with the Board.*

7. I certify, under the pains and penalties of perjury, that the information I have provided pursuant to this application for licensure is truthful and accurate. I understand that the failure to provide accurate information may be grounds for the Division of Professional Licensure, Board of Registration of Home Inspectors in Massachusetts to suspend or revoke a license issued to me in accordance with Massachusetts Law. I further attest that, pursuant to M.G.L.C.62C, s. 49A. to the best of my knowledge and belief, I have filed all state tax returns and paid all state taxed required by law.

(Signature)__________________________________ Date: ______________________ >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

5/26/09

The Commonwealth of Massachusetts Division of Professional Licensure 239 Causeway Street Boston, MA 02114 www..mass.gov/dpl/boards/hi/index.htm Board of Registration of Home Inspectors (617) 727-0131

Associate and Permanent License Application HOME INSPECTOR SUPERVISION VERIFICATION

Make copies and use more than one sheet if necessary. All signatures must be original. Pursuant to M.G.L 146 all statements made are subject to the penalties of perjury.

Name of Applicant Name of Employer Employer’s Address No.

Street

City/Town

Employed

State

To Month

Day

Signature of Licensed Home Inspector

Year

Month

Day

MA License Number

Please attach proof of $250,000 of errors and omissions insurance.

5/26/09

Zip

Year

Years

Date

The Commonwealth of Massachusetts Division of Professional Licensure 239 Causeway Street Boston, MA 02114 www..mass.gov/dpl/boards/hi/index.htm

Board of Registration of Home Inspectors (617) 727-0131

Home Inspections List Please list 25 home inspections performed under direct supervision of a Massachusetts Licensed Home Inspector.

Date 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

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15.

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21.

22.

23.

24.

25.

Address

Client

Please provide proof of successful completion of 75-hours of Educational Training Credits. Formal coursework must include not less than: (a) Six hours dedicated to the inspection of roofing, (b) Six hours dedicated to the inspection of exterior cladding system(s). (c) Six hours dedicated to the inspection of masonry system(s). (d) Nine hours dedicated to the inspection of structural system(s). (e) Nine hours dedicated to the inspection of electrical system(s). (f)

Nine hours dedicated to the inspection of plumbing system(s).

(g) Nine hours dedicated to the inspection of heating and air conditioning systems. (h)

Six hours shall be dedicated to the 266 CMR regulations including the standards of practice.

(i)

Six hours dedicated to Report writing.

(j)

Three hours dedicated to professional ethics.

(k)

Three hours dedicated to contract law.

(2)

To meet the total number of hours required, the Trainee shall select, at his/her option, any three additional open Training Credits.

I _________________________________ being duly sworn says that he is the person who is referred to in this application for certificate as licensed Home Inspector or Associate, in the State of Massachusetts; that the statements herein contained are strictly true in every respect and that he has complied with all requirements of law. before me this ____________________________ __________________________________________ (Signature of Applicant) day of _________________________ 19________ (Seal) s/__________________________________________ (Person Administering Oath)

The Commonwealth of Massachusetts Division of Professional Licensure 239 Causeway Street Boston, MA 02114 www.mass.gov/dpl/boards/hi/index.htm _______

Board of Registration of Home Inspectors (617) 727-0131 BOARD USE ONLY

Application for Home Inspector License

Ex. Date_____________ Ex. Result____________

Home Inspector Fee $338.00 Attach certified CHECK or payable to the Commonwealth of MA. DO NOT SEND CASH

MONEY ORDER

Cert. Date ____________ Cert. No. _____________ Please Use Ink or Type - Must Be Neat And Legible Last Name

Jr., Sr., III, etc.

First Name

M. I.

Number, Street/ P. O. Box

Apt. No.

City or Town

State

Zip

Telephone Number Social Security Number

Pursuant to M.G.L c. 62C, s. 47A, the Division of Professional Licensure is required to obtain your social security number and forward it to the Department of Revenue. The Department of Revenue will use it to ascertain whether you are in compliance with tax laws of the Commonwealth. The 1st five‐digits of your social security number will be redacted from your application for your protection.

Date of Birth Month

Day

Year

Date of National Home Inspector Exam Associate) Attach copy of photo score report

(Taken prior to

Issue Date of Associate Home Inspector license Associate Home Inspector License Number Attended Graduation Date

High School GED

PHOTO Photograph taken less than 1 year prior to filing application Do not use staples Paste or cellophane tape only – 2” X 2” passport type

Number of Inspections Application

Board Use Only Total _________

Approved

Disapproved Executive Director/Designee -1-

Home Inspector Application 1.

Applicant’s Name__________________

List any licenses/certifications you hold in the United States or any country or foreign jurisdiction and the state/jurisdiction from which the license/certification was originally issued. Please attach a certificate of standing from each state or jurisdiction in which you are licensed/certified, indicating the status of your license and any relevant disciplinary information.

2. Has any disciplinary action been taken against you by a licensing/certification board located in the United States, any country or foreign jurisdiction? Yes ______ No ______ If yes, please state the details (use a separate sheet if necessary): _________________________________________________________________________________________________ 3.

Are you the subject of pending disciplinary actions by a licensing/certification board located in the United States or any country or foreign jurisdiction? Yes _______ No _______ If yes, please state the details (use a separate sheet if necessary): __________________________________________________________________________________________________

4.

Have you ever voluntarily surrendered or resigned a professional license to a licensing/certification board in the United States or any country or foreign jurisdiction? Yes _______ No ______ If yes, please state the details (use a separate sheet if necessary): __________________________________________________________________________________________________

5.

Have you ever applied for and been denied a professional license in the United States or any country of foreign jurisdiction? Yes _______ No_______ If yes, please state the details (use a separate sheet if necessary): _____________________________________________________________________________________________________

6. Have you ever been convicted of a felony or misdemeanor in the United States or any country or foreign jurisdiction, other than a traffic violation for which a fine of less than $100.00 was assessed?

Yes _______ No ________ If yes, please state the details (use a separate sheet if necessary): *The Board is certified by the Criminal History Systems Board (ID# MAREG G ) to access data about convictions and pending criminal cases. Those records –and other Federal and professional records---may be checked as part of your licensing process. No records are automatic disqualifiers; you will be given an opportunity to discuss any issues with the Board.*

_________________________________ being duly sworn says that he is the person who is referred to in this

application for certificate as licensed journeyman or master, in the State of Massachusetts; that the statements herein contained are strictly true in every respect and that he has complied with all requirements of law. before me this ____________________________ __________________________________________ (Signature of Applicant) day of _________________________ 19________

(Seal) s/__________________________________________ (Person Administering Oath)

I certify, under the pains and penalties of perjury, that the information I have provided pursuant to this application for licensure is truthful and accurate. I understand that the failure to provide accurate information may be grounds for the Division of Professional Licensure, Board of Registration of Home Inspectors in Massachusetts to sit as a candidate or to suspend or revoke a license issued to me in accordance with Massachusetts Law. I further attest that, pursuant to M.G.L.C.62C, s. 49A., to the best of my knowledge and belief, I have filed all state tax returns and paid all state taxed required by law.

(Signature)

Date:

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

For Office Use Only Fee Paid ______________________ Receipt No. ______________________

The Commonwealth of Massachusetts

Division of Professional Licensure 239 Causeway Street Boston, MA 02114 _______ Board of Registration of Home Inspectors (617) 727- 0131 www.mass.gov/dpl/boards/hi/index.htm

Associate and Permanent License Application HOME INSPECTOR SUPERVISION VERIFICATION

Make copies and use more than one sheet if necessary. All signatures must be original. Pursuant to M.G.L 146 all statements made are subject to the penalties of perjury.

Name of Applicant______________________________________________________

Name of Employer ______________________________________________________ Employer’s Address ____________________________________________________ No. Street City/Town State Zip

Employed

To Month

Day

Signature of Licensed Home Inspector

Year

Month

Day

MA License Number

Year

Years

Date

The Commonwealth of Massachusetts Division of Professional Licensure 239 Causeway Street Boston, MA 02114 _______ Board of Registration of Home Inspectors (617) 727- 0131 www.mass.gov/dpl/boards/hi/index.htm

Associate Inspector Home Inspections List Name of Applicant Please List 100 home Inspections you have performed Date 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

32.

33.

Address

Client

34.

35.

36.

37.

38.

39.

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41.

42.

43.

44.

45.

46.

47.

48.

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100.

The Commonwealth of Massachusetts Division of Professional Licensure 239 Causeway Street Boston, MA 02114 www.state.ma.us/reg/boards/hi/index.htm

Board of Registration of Home Inspectors (617)727-0131 Attach un-mounted recognizable recent photograph in this space with face not less than 3/4 inches wide.

(Photograph taken more than six months prior to filing application is not accepted.)

Board Use Only

Application For Home Inspector’s License

by Reciprocity Application shall be printed in Ink and Filled out by the Applicant

Date Received____________________ Date Accepted___________________ Certificate No.________________________ Date of Issue______________________

(Do not use staples when attaching photograph.) Paste or cellophane tape may be used.

Attach a certified check or money order payable to the Commonwealth of MA. DO NOT SEND CASH

Print name_________________________________________________________________________________________________ (Name) (Middle Initial) (Last Name) Home Address _____________________________________________________________________________________________ (No. Street) (City/Town) (State) (Zip code) Mail Adress________________________________________________________________________________________________ (No. Street) (City/Town) (State) (Zip code) Tel No _____________________________Birth date _____________________Height ___________ Weight_________________ Social Security No ___________________________________

Pursuant to M.G.L. c. 62C, s. 47A, the Division of Professional Licensure is required to obtain your social security number and forward it to the Department of Revenue. The Department of Revenue will use your social security number to ascertain whether you are in compliance with the tax laws of the Commonwealth. The 1st five‐digits of your social security number will be redacted from your application for your protection.

Former Employer__________________________________Address_____________________________________________________ Your Duties as Employee ______________________________________________________________________________________ Dates of Employment (From)_____________ (to)______________ Former Employer__________________________________Address_____________________________________________________ Your Duties as Employee ______________________________________________________________________________________ Dates of Employment (From)_____________ (to)______________

Have you taken the Home Inspectors examination?

Date of Exam _______________ Pass If passed exam, date and type of license issued

Fail

Are you a member of the American Society of Home Inspectors? Yes

No

(Answering no to this question will not

affect your eligibility for licensure.)

1.

List any licenses/certifications you hold in the United States or any country or foreign jurisdiction and the state/jurisdiction from which the license/certification was originally issued. Please attach a certificate of standing from each state or jurisdiction

01/13/10

in which you are licensed/certified, indicating the status of your license and any relevant disciplinary information. ______________________________________________________________________________ 2.

Has any disciplinary action been taken against you by a licensing/certification board located in the United States or any country or foreign jurisdiction? Yes ______ No ______ If yes, please state the details (use a separate sheet if necessary): _________________________________________________________________________________________________

3.

Are you the subject of pending disciplinary actions by a licensing/certification board located in the United States or any country or foreign jurisdiction? Yes _______ No _______ If yes, please state the details (use a separate sheet if necessary): _________________________________________________________________________________________________

4.

Have you ever voluntarily surrendered or resigned a professional license to a licensing/certification board in the United States or any country or foreign jurisdiction? Yes _______ No ______ If yes, please state the details (use a separate sheet if necessary): __________________________________________________________________________________________________

5.

Have you ever applied for and been denied a professional license in the United States or any country of foreign jurisdiction?

Yes _______ No_______ If yes, please state the details (use a separate sheet if necessary): _____________________________________________________________________________________________________

6.

Have you ever been convicted of a felony or misdemeanor in the United States or any country or foreign jurisdiction, other than a traffic violation for which a fine of less than $100.00 was assessed? Yes _______ No ________ If yes, please state the details (use a separate sheet if necessary): __________________________________________________ The following must be certified by a notary public.

7.

_________________________________ being duly sworn says that he is the person who is referred to in this application for (Applicant)

Certificate as licensed Home Inspector, in the State of Connecticut; that the statements herein contained are strictly true in every respect and that he has complied with all requirements of law.

(Signature of Applicant)

Sworn to before me this __________day of _________________________ 20_____ (Seal) s/________________________________________ (Person Administering Oath) 8.

I certify, under the pains and penalties of perjury, that the information I have provided pursuant to this application for licensure is truthful and accurate. I understand that the failure to provide accurate information may be grounds for the Division of Professional Licensure, Board of Registration of Home Inspectors in Massachusetts to sit as a candidate or to suspend or revoke a license issued to me in accordance with Massachusetts Law. I further attest that, pursuant to M.G.L.C.62C, s. 49A., to the best of my knowledge and belief, I have filed all state tax returns and paid all state taxed required by law.

(Signature)__________________________________ Date: ______________________ >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> Applicants must apply for a certified statement from their state of licensure and submit it with the application.

Applicants must submit proof of $250,000 of errors and omissions insurance. Required fee and other papers that may be required. Do not submit a copy of your license.

For Office Use Only Date _______ Fee Paid ______________________ APPLICATION FEE Approved _______ HOME INSPECTOR’S Receipt No. ___________________ LICENSE ---- $338 Disapproved _______ Executive Director

Home Inspections List 01/13/10

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01/13/10

Home Inspection Report Minimum Standards

Massachusetts Student Handbook

Does your inspection report meet the minimum standards?

HOME INSPECTION REPORT PERFORMANCE REVIEW BASED ON 266 CMR There are many professions recognized by the Commonwealth of Massachusetts. Home Inspectors are one of newest professionals recognized as of May 1, 2001. The report generated by a Home Inspector covers the many systems in a house, as a result home inspections are very complex and so are the regulations.

This document is intended to give Home Inspectors an opportunity to review their report to ensure it complies with the minimum standards of 266 CMR. It can also give a home inspection client an opportunity to check their home inspection report for compliance. In effect this document becomes a tool that can also be used by realtors, attorneys, sellers and anyone concerned regarding the performance of a Home Inspector.

The following is a condensed version of 266 CMR Section 6.00: Standards of Practice. Items that only have to be observed and items not required to be reported on have been omitted from this review.

The right hand column is provided for comments, checking off items found in the home inspection report, and writing down the page and/or section where the item is found in the report being reviewed.

Many of the following questions require a yes or no answer, as these items do not have to appear in the written home inspection report. Due to the type of house inspected, some items may not be applicable, therefore N/A should be written in the comment column. Where the comment column is blank, please indicate the page and/or section where the information was found in the report.

When the information is not found, indicate with N/F. Note: Questions with yes and no prompts in the comment column can only be answered by the Home Inspector’s client or if you were present at time of inspection.

At the end of this review no blanks should be left in the comment column. No N/F’s should be in the comment column as they may indicate an unprofessional report and performance by the Home Inspector.

Report Performance Review 6:01: Access, Purpose and Scope Was a written contract provided? Circle answer Was the client provided with an original copy of contract?

Was a confidential written report provided to the client only?

Was a copy of the report given to anyone else without the client’s permission?

Yes No If yes, who?

Did the Home Inspector notify, either verbally or in writing, that the answers to the following six questions should have been ascertained from the seller and are relevant to the purchase of a house and may not be readily observable through inspection?

1. History of water penetration in basement and/or crawl space?

2. If the dwelling is on public or private sewage system?

3. If the dwelling has been tested for radon gas?

4. If the dwelling has been inspected for insect infestation?

5. If the dwelling has been previously inspected by a Home Inspector, and if the seller is willing to disclose such report?

6. If there is an underground storage tank on the property?

6:02: System: Roofing Were the method/s used to observe the roof reported on? Write in page and/or section found in the report.

Was the type of roof covering/s described?

Was the condition of the roof reported on?

Was the condition of the exposed roof drainage systems reported on? (gutters & downspouts etc.)

Was the condition of the exposed flashings reported on?

Was the condition of the skylights reported on?

Was the condition of the exterior of chimney/s reported on?

Was the condition of the roof penetrations reported on?

Were any/all signs of previous leaks reported on?

Comments, checks & page #’s, etc.

Yes Yes Yes

No No No

Yes

No

6:03: System: Exterior Was the type of wall cladding material/s described?

Was the condition of the exposed wall cladding reported on?

Was the condition of the deck/s reported on?

Was the condition of the balconies reported on?

Was the condition of the stoops reported on? (landings) Was the condition of the steps reported on?

Was the condition of the areaways reported on? (window wells) Was the condition of the porches reported on?

Was the condition of the railings reported on?

Was the condition of the eaves reported on?

Was the condition of the soffits reported on?

Was the condition of the fascias reported on?

Was the condition of the corner boards reported on?

Were all entry doors operated by the Home Inspector?

Was the garage door operated?

Was it reported on whether or not the automatic reverse or stop mechanism of the garage door/s functioned?

Was the slope of the earth as it impacts the structure reported on?

6:04: System: Structural Components Was the type of foundation material/s described?

Was the condition of the exposed foundation reported on?

Was the type of basement floor described?

Was the condition of the basement floor reported on?

Was the type of superstructure floor system described?

Was the condition of the girders reported on?

Was the condition of the sills reported on?

Was the condition of the floor joists reported on?

Was the type of columns described?

Was the condition of the columns reported on?

Was the type of roof structure described? (rafters, trusses etc.)

Was the type of roof sheathing described?

Did the Home Inspector probe exposed readily accessible structural components where deterioration is suspected?

Did the Home Inspector enter readily accessible under floor crawl spaces and attic spaces?

Were the method/s used to observe the under floor crawl spaces reported on?

Were the method/s used to observe the attic spaces reported on?

Were signs of previous water penetration into the dwelling reported on?

Yes Yes

No No

Yes

No

Yes

No

6:05: System: Electrical Was the size of the main service disconnect reported on? (amperage) Was the voltage of the main service disconnect reported on?

Were the service entry conductor materials reported on?

If the service entry conductor is aluminum, was it reported on if the tips were coated with a corrosion inhibitor?

If the service entry conductor is aluminum, was it reported on if the over load device is rated for aluminum?

Was it reported on if the service type is overhead or underground?

Was the number of branch circuits in the panel/s reported on?

Was the type of branch circuit conductor materials reported on?

If the branch circuit conductor is aluminum, was it reported on if the tips were coated with a corrosion inhibitor?

If the branch circuit. conductor is aluminum, was it reported on if the over load device is rated for aluminum?

Was the compatibility of the overload protection devices compared to the size of the protected conductors reported on?

Was the type of the branch circuit wiring described?

Was it reported on if there is ground fault protection provided?

Was it reported on if the system is grounded?

6:06: System: Plumbing Was the type of water supply piping material described?

Was the type of distribution piping material/s described?

Were the types of drain, waste and plumbing vent piping materials described?

Was the type of water heating equipment described?

Was the water heating equipment’s flue pipe reported on?

Was the capacity of the water heating equipment reported on?

Did the Home Inspector operate all plumbing fixtures, including their faucets and all exterior faucets attached to the house if readily accessible?

Yes

No

6:07: System: Heating Was the type of energy source reported? (oil, gas, electric, etc.)

Was the type of heating equipment reported on?

Was the type of distribution system described? (piping, ductwork, etc.)

Was the heating system operated using normal operating controls? (thermostat) Was the condition of the heating system reported on?

Were the readily accessible and operable access panels provided by the manufacturer or installer for routine homeowner maintenance opened?

6:08: System: Central Air Conditioning Was the central air conditioning system operated using normal operating controls? (with thermostat, weather permitting) Were the readily accessible operable access panels provided by the manufacturer or installer for routine homeowner maintenance opened?

Was the condition of the central air conditioning system reported on?

6:09: System: General Interior Conditions Was at least one window per room operated?

Was at least one interior doors per room operated?

Were signs of water penetration reported on?

Were the types of exposed floor materials described?

Were the types of exposed wall materials described?

Were the types of exposed ceiling materials described?

6:10: System: Insulation and Ventilation Was the existence of insulation in unfinished spaces reported on?

Was the absence of insulation in unfinished spaces at conditioned surfaces reported on?

Was the type of ventilation reported on?

Was the presence or absence of ventilation in kitchen reported on?

Was the presence or absence of ventilation in bathroom/s reported on?

Yes

No

Yes

No

Yes

No

Yes

No

Yes Yes

No No

If there are any Not Found’s (NF’s), No’s or questions you do not know how to answer, recommend contacting your Home Inspector for assistance. Your Home Inspector should know his/her inspection report thoroughly and be able to direct you to the answers in your report.

After spending the time reviewing your home inspection report with the aid of this document, hopefully you have realized your home inspection report is of a professional quality. If not, it is recommended you contact your Home Inspector to discuss and for remedies.

The Commonwealth of Massachusetts Office of Consumer Affairs and Division of Professional Licensure has produced a flyer entitled Home Inspectors Facts For Consumers. This flyer is required to be given to all buyers by the seller or their agents at the time of signing the first written contract to purchase (offer). It explains how to file a complaint to the Board of Registration of Home Inspectors. A complaint form can be downloaded from the Division’s website at http://www.state.ma.us/reg/boards/forms/complaint.pdf.

A complete copy of 266 CMR can be purchased at the state bookstore or downloaded from the Board of Registration of Home Inspectors website at http://www.state.ma.us/reg/boards/hi/rule_reg.htm.

Revised 2/17/04

Pillar To Post Extract from Operations Manual – Legal Overview

Massachusetts Student Handbook

Extract from the Pillar To Post Operations Manual CHAPTER 9:

INSURANCE COVERAGE You must have insurance at all times. You cannot perform inspections unless you have the appropriate insurance. Failure to maintain the coverage required by your Franchise Agreement is a breach of contract that will lead to termination of your franchise. We simply cannot stress too forcefully the need to maintain appropriate insurance.

It is your responsibility to seek out an insurance carrier and to obtain the coverage required by your Franchise Agreement. Certificates of Insurance must be provided to us (or to your Master Franchisee as appropriate) on an annual basis.

The basic requirement is a policy or policies which provide: Protection for your fixtures, furnishings, and appliances against such hazards as are typically covered by a standard fire and extended coverage policy.

Errors and omissions insurance, insuring you and us (and the Master Franchisee, where applicable) from liability arising from errors or omissions in your inspections or reports.

General liability insurance, including product liability insurance, insuring you, us, and the Master Franchisee, where applicable, against any liability that may accrue by reason of the Franchisee's operation of the Franchised Business.

The minimum limits of liability in respect to bodily injury or property damage which you must maintain are stated in your Franchise Agreement. In addition, you must maintain workers' compensation insurance, employer’s liability insurance, and other insurance as required by law in the jurisdiction in which your business is located. All insurance must be placed with a responsible insurance carrier acceptable to us.

We strongly recommend all inspectors be bonded.

Please refer to Item 6 of the U.S. Offering Circular, or Items 7 and 8 of the Canadian Prospectus, and Section 13 of your Franchise Agreement.

CHAPTER 10: LEGAL RESPONSIBILITIES OF A HOME INSPECTOR

As a home inspector, you must be familiar with tort law and contract law, as these are the areas from which complaints will arise. The two areas of law will be discussed separately.

Torts and the Concept of Negligence Definitions: A “tort� is a private injury (as opposed to public injury which is addressed by criminal laws). Lawsuits resulting from alleged torts are based upon the law of negligence.

The law of negligence is complicated and not easily explained. However, there are a number of elements that are common to every successful claim of negligence.

These will be explored here.

In the United States, a basic cause of action in tort requires the following: 1. A duty of care exists between the parties; 2. There is a failure to conform to the standard duty of care (breach of duty of care as identified in #1); 3. There is a reasonably close causal connection between the conduct by the Defendant and the resulting injury to the Plaintiff (proximate cause or causation); 4. There is actual loss, damage or injury resulting to the Plaintiff; and, 5. There is an absence of any conduct by the injured party (Plaintiff) which would preclude or limit recovery

The standard for negligence liability proposed in Canada is as follows: 1. Defendant's conduct must be negligent, i.e., in breach of the standard of care set by the law 2. The Plaintiff must suffer some damage 3. The damage suffered must be caused by the negligent conduct of the Defendant

4. There must be a duty recognized by the law to avoid this damage 5. The conduct of the Defendant must be a proximate cause of the loss; the damage should not be too remote a result of the Defendant's conduct 6. The conduct of the Plaintiff should not be such as to bar or limit recovery (i.e., contributory negligence, assumption of the risk, illegality, etc.)

Application to the Home Inspection Industry As a Professional Home Inspector, you owe your client a “duty of care”.

The duty of care arises from the relationship that you establish with your clients.

The law makes a distinction between the duty of care you owe your clients based on whether you are acting in the capacity of a generalist or specialist. The court will determine which duty of care is owed to the client by looking at the situation from the client’s perspective. A higher duty of care is owed to the client when you hold yourself out to be a specialist. As such, it is best that you hold yourself out to be a generalist.

The duty of care arises from the relationship that you establish with your clients.

This duty of care is in addition to your contractual duty to perform your services in accordance with the terms of the Visual Inspection Agreement and in accordance with Pillar To Post Inc. and ASHI® standards.

One important caveat in this respect: you are a generalist and will be viewed as such unless you give advice beyond that which a generalist would be expected to give. If you act like a specialist in any area, you may be held to the standards of a specialist in that area. You do not want this to happen. For example, one of our franchisees was inspecting a home that had a furnace with a particular problem that was widely recognized throughout the industry. The inspector noted the problem with the furnace and recommended a specialist be brought in for advice.

However, the inspector (according to the Court) went one step too far when he offered his opinion as to the steps that should be taken and the costs that should be anticipated. At that point, the inspector leaped from his comfortable position as a generalist to a higher standard as specialist. Since the homeowner incurred a far greater cost in undertaking the repair (he did not take the avenue suggested by the inspector), the Court found the inspector liable for the higher costs. The Judge stated that the inspector had given the homeowner a false sense of security as to the cost of the repair. The important lesson to be learned from this is that inspectors are well-advised to avoid giving specific cost opinions unless they are qualified to give the opinion and willing to be bound by that estimate.

How is the duty of care breached?

Examples of negligent conduct could include the following: 

failure to use a moisture meter during an inspection, when it is your practice to always use a moisture meter;



failure to inspect a roof (through oversight);



failure to report the presence of water in a basement;



failure to report an improperly grounded electrical system, etc.

Sometimes the manner in which you deal with a situation will determine whether you are vulnerable to a claim of negligence. For example, if you are unable to visually inspect an area because of debris, etc., you are not negligent in not inspecting that area. However, if you do not note on the Report the fact that you did not have access to the area, your failure to inspect the area will appear to be negligent and you will have a difficult time establishing your position. Thus, you should always be very careful to report all limitations that you encounter.

Common examples of limitations include: 

absence of recent rainfall (with regard to moisture concerns);



vision obstructed by snowfall;



roof too steep to inspect by walking on;



electricity or gas turned off;



boxes, debris, or other items in or around the house that hinder your inspection, etc.

Under what circumstances your conduct would be considered to have “caused” the Client's loss?

For example, if you fail to see and report evidence of water damage in a basement and the client, relying upon your Report, buys the home, discovers water in his basement, and further discovers that the entire foundation needs to be replaced, you will be found negligent with respect to your failure to report the signs of water damage and you will be held responsible for the repair costs.

Under these circumstances, the client will be arguing that he either would not have purchased

the home or would have paid significantly less for it, if you had done your job properly.

The circumstances surrounding the loss must be foreseeable and there must be some connection between your negligence and the client’s loss.

There must be an actual injury, loss, or damage There is no liability for negligent conduct unless some actual loss or damage is caused by your conduct. Also, the damages must be reasonable and subject to accurate calculation (the court has to be able to quantify the loss). Your clients have a duty to try to mitigate the damage. Under some circumstances, this means that they must have the damage repaired before further damage is caused.

Contract Law and the Home Inspector A contract is an agreement between two or more parties. It may be either written or oral; both are binding. The problem with oral contracts is that there is little evidence to show the existence and terms of the contract.

We have devoted a good deal of time, effort, and development of our Visual Inspection Agreement.

It circumstances and new legal developments mandate Inspection Agreement is carefully crafted and can be of you, but only if you use it properly.

legal expertise to the continues to evolve as changes. The Visual invaluable assistance to

If you do not obtain the client’s signature on the Visual Inspection Agreement before you complete your inspection, you may find that you have performed an inspection pursuant to an oral agreement that did not include any of our limitations and exclusions.

To assist you in understanding the importance of working only with a signed Visual Inspection Agreement, a discussion of basic contract law follows: The five elements of a binding contract are: 1.

Offer and acceptance: the “offeror” states the terms and conditions under which he is willing to perform; the “offeree” accepts those terms and conditions (or negotiates others). The final contract must clearly state all essential terms.

2.

Mutual intent: all parties must intend to contract.

3.

Consideration: There must be something of value exchanged between the contracting parties, e.g., services for money.

4.

Capacity to contract: A person must have the appropriate mental capacity.

Lunatics, drunks or minors cannot enter into contracts. There is also “legal” capacity: a person must have the legal authority to enter into a contract on behalf of another.

5.

Lawful purpose: The contract cannot involve any activities or actions that are contrary to any statute, act, regulation, or common law.

When do you have a contract?

When a client calls to book an inspection, an agreement is reached by two parties to perform a service in exchange for a stated fee. That is a contract. If the inspector does not include any discussion of the limitations of a visual home inspection and the exclusions of our Visual Inspection Agreements, the contract does not include those terms.

Our procedures call for the inspector to obtain the client’s signature on the Visual Inspection Agreement prior to conducting the inspection. If the inspector follows procedure, the signing of the Agreement (which will follow an explanation of the contract to the client) will supersede any prior oral agreements. At that point, the inspector is protected by the limitations and exclusions contained in the contract.

If, however, the inspector fails to provide the Agreement to the client, or provides the Agreement but does not obtain a signature, the Agreement is virtually worthless and the limitations and exclusions will not apply in the event a claim arises from that inspection.

Many experienced franchisees have commented that it is often difficult to obtain a signature prior to conducting an inspection. Others of our most successful and experienced franchisees have reported that they never conduct an inspection without first obtaining a signed agreement. It would appear that there are regional differences in the way in which home inspections are booked that account for some of the difficulty in obtaining signatures. Please note that failure to obtain a signed Visual Inspection Agreement (on a timely basis) may void your insurance coverage with respect to that particular claim.

Our recommendations are as follows: 1)

Get the Visual Inspection Agreement signed before you begin the inspection. If necessary, fax a copy of the agreement to the client and ask them to send a return fax with their signature (or to authorize an agent to sign on their behalf).

2)

If the client is meeting you at the home toward the end of your inspection, do not give them the Report or discuss the results of your Inspection until after you have obtained their signature on the agreement. Do not take any payment from them until after they have signed the agreement. If they refuse to sign the agreement at this point, walk away from the inspection, taking your Report with you. Explain to them that you cannot complete your part of the contract unless they are willing to sign the Visual Inspection Agreement.

3)

If you cannot physically get a copy of the Agreement to the client, review it with them over the telephone. Discuss the limitations and exclusions.

Remember that whatever you do not discuss is not part of the contract.

Make notes of your conversation with them and keep it with your copy of the Agreement in the event there is a claim at a later date.

What is your duty with respect to the Contract?

You must perform your services with a reasonable degree of care and skill that is standard in the profession. If you do not, you may be liable for your incompetence, carelessness, or negligence.

What are the consequences of a broken Contract?

The contract itself defines this. Our Visual Inspection Agreement states that the inspector is liable only to the amount of the fee paid for the inspection. This limitation of liability clause has been upheld in courts across Canada. We anticipate that it will be upheld in the United States as well, except for the states that prohibit inclusion of such a clause.

If, however, the contract has not been signed, or the Court otherwise finds that it does not control the issue, then evidence of damage must be presented. Usually, this will consist of the cost of repair or replacement of the item that was the subject of the inspector’s negligence.

CONCLUSION Most, if not all, of the complaints that you may or do receive will concern an action for negligence and not for breach of contract. As you proceed with your inspection of the house, you will be fulfilling your contractual obligations. In general, it is when the Client thinks you have performed the inspection negligently that you will receive a complaint.

The best way to protect yourself is: 

ensure that your clients understand the limitations inherent with the type of visual inspection you are performing;



ensure they understand the exclusions in our contract;



obtain their signature on the contract;



conduct a thorough inspection;



write a thorough Report; and,



note all limitations encountered.

CHAPTER 11: DEALING WITH THE UNHAPPY CLIENT Regardless of the insurance program you choose each will have their own set of policies and procedures for complaint handling. It is very important that you understand their policies and procedures.

It is equally important that you have a good grasp of the Inspection Agreement as well as understanding your limitations and disclaimers.

We do not have any agreements with any insurance carriers that would permit extended attempts at resolution of a claim prior to reporting it to the insurer.

However, the advice contained within is sound and of general applicability, franchisees are cautioned as to the importance of timely reporting claims to their insurers. It is your responsibility to determine when a claim should be reported and your responsibility to report the claim. Failure to report a claim in a timely fashion could prejudice your coverage of that claim. It is your responsibility to determine what definition “timely fashion” is required from your carrier.

Although the number of complaints our inspectors’ receive continues to be very small in comparison to the number of inspections performed throughout the network (fewer than 0.1% of the inspections lead to formal complaints), the process of responding to complaints is very important. Frequently, a quick courteous and complete response to a clients’ complaint will result in the resolution of the client’s claim.

In this section, we will discuss steps to take during the course of an inspection to mitigate the likelihood of client dissatisfaction, recommended procedures for dealing with the client, and describe a general process to follow for successful mitigation.

TIPS FOR ENHANCING CLIENT SATISFACTION The following tips may assist you in increasing client satisfaction with your service: 1. It is important that you communicate with your client prior to the inspection so that they fully understand the scope of the visual inspection. When you give your client the Visual Inspection Agreement ask them to read it before they sign and address any questions they may have regarding the content. Tell them the limitations: “This is a visual inspection, it is not a code inspection nor an exhaustive or intrusive inspection of the home”. Advise the client of anything that is beyond the scope of the inspection according to the CAHI/ASHI® Standards of Practice. (e.g.: not required to move furniture or stored items; if

the basement wall is finished you cannot determine the condition of the foundation wall, and cannot report on them; etc.)

1. As you proceed through the inspection advise the client immediately if you encounter a limitation and note it in the report. (E.g.- unable to determine condition of roof due to snow cover; air conditioner not tested as testing in current temperatures can cause system failure).

2. Advise the client when something is detected and note it on the report. Both aspects are important. When you explain something to your client use language which is understandable.

The majority will not understand construction or technical terminology.

3. At the end of the inspection, make certain the client understands everything that has been said during the inspection process and what is contained within the report. The inspection is a two-part process: both verbal and written report.

Remember that the written report is a permanent record of the inspection. If it is not written in the report then for all intents and purpose it does not exist.

4. Always use the Pillar To Post速 Evaluation Form. Have the client fill it out and sign it. It gives the client ample opportunity to indicate his or her satisfaction with your inspection and can serve as a good reference point when you must later deal with a complaint.

HANDLING THE COMPLAINT CALL If you encounter a complaint, follow these steps to respond to the client: 1.

You will have answered the telephone as usual, not recognizing that it is a complaint call. When it becomes apparent that you have a problem to deal with, do not try to solve it immediately. Be courteous and sympathetic, but indicate that you are headed out to an inspection or that you have a call on another line and that you need to return the call to discuss the issues. Set a time to call back and keep to that schedule. In this initial call, get the basic details only: i) ii) iii)

Name and address of client; Date of inspection; Nature of complaint.

This is not an attempt to avoid the complaint or client. However, it is important to have a full understanding of the complaint prior to trying to resolve it.

Take time to review your Report and to refresh your memory of the inspection that is the subject of complaint. Gather your thoughts and focus on the area complained of. Do not return the call until you have a clear idea of how you are going to deal with the client. When you are ready, return the call and discuss the concern courteously on the telephone. Use the Pillar To PostÂŽ Complaint Form to ensure that you get all the appropriate information from the client.

2.

If you are unable to resolve the clients concerns over the phone, arrange to revisit the home and inspect the subject matter with the client. Do not admit fault and do not take personal offense. Many times resolution of the complaint turns upon how well you have educated your client as to what they should expect from a visual inspection. If you laid the appropriate groundwork in the beginning, you will now be able to “remind� the client of the limitations of the inspection and help them deal with their situation in a manner that does not lead to a more serious complaint. If there is a question in your mind as to whether you have been negligent and the claim has validity, do not admit this to the client at this time. Often, inspectors are led to believe they have made an error, when subsequent thought and investigation reveals they have not. Give yourself time to review the situation and seek independent advice from the technical department at Pillar To Post Inc.

3.

Speak with any contractors who may have been contacted by the client, and elicit their comments. They may provide you with important information regarding what they were told by the client.

4.

Revisit the house to investigate the complaint. When visiting the house, bring a camera along, and in a serious situation, another knowledgeable person as a witness. Discuss the situation again with the client to try to reach a resolution. Take careful notes of what you observe and what you are being told.

5.

Whether or not you resolve the problem, you should write a letter of summary to the client when you have completed your review of the issue. If you have successfully resolved the problem, this letter should summarize in chronological order the procedures you have followed and should clearly state what you have done to resolve the problem. If you are unable to resolve the complaint, a letter of summary depicting why you are not responsible should be forwarded to the client. This advice should only be followed if you have obtained the permission of your insurance carrier.

Some insurance carriers wish to handle the entire process themselves to limit their liability. (reference to the sample letter omitted.

7.

When you were unable to resolve the complaint, the letter of summary should resemble the sample letter for a reply to a formal complaint, which is included at the end of this chapter. The thrust of that letter is the limitations and exclusions written into the contract and the detailed reasons why the inspector cannot be considered negligent with respect to the complaint.)

This course of action should be taken only after you have discussed it with your insurance representative.

8.

If you decide to return the fee, use the Release which is included in the forms at the end of this Chapter. Please check with your insurance carrier whether they allow you to return the inspection fee. Many do not allow it because they feel it is an admission of liability. Remember not to give any money until the Release is signed. You may contact the technical department at Pillar To Post Inc. for assistance in this regard.

PILLAR TO POST INC. PROCEDURES ASSISTANCE WITH COMPLAINTS

FOR

RECEIVING

This procedure has been modified by the attached document named “April 1, 2013, Pillar To Post Complaint Handling Process Flow” For ease in administration, we have arbitrarily divided complaints into two categories: 1.

informal, where the communication is oral; and

2.

formal, where the communication is by demand letter or Statement of Claim (“Complaint” in the United States). Please check with your insurance carrier whether they allow you to seek assistance with complaints or whether it must be reported for them to handle.

In either situation, Pillar To Post Inc. must receive the following information before we can offer technical or legal assistance:

“COMPLAINT PACKAGE” A complete complaint package will contain the following information: 1.

2.

3.

4.

5.

6.

A written chronology of events and contacts (between the client and the inspector/franchisee) Completed Complaint Form Copy of the Inspection Agreement (both sides) Inspection Report (entire Report) Evaluation Form completed by client (if you use this) Copies of any correspondence on the complaint

COMPLAINT PROCEDURES: INFORMAL COMPLAINTS (ORAL CONTACT): 1.

Put together a “Complaint Package” (as described above)

2.

Scan and email the package to techsupport@pillartopost.com or fax the package to the Pillar To Post Inc. technical department at (416) 620-3575

3.

A member of our technical staff will telephone you to assist you in evaluating the situation and responding to the client.

FORMAL COMPLAINTS (DEMAND LETTER): 1.

Put together a “Complaint Package” (as described above)

2.

Draft your response to any demand letter received from the client or his/her representative (sample included herein)

3.

Scan and email the package to techsupport@pillartopost.com or fax the package to the Pillar To Post Inc. technical department at (416) 620-3575

We will review your documentation and assist you in refining the response letter.

FORMAL COMPLAINTS (LAWSUIT): 1.

Immediately put together a “Complaint Package” (as described above)

2.

Scan and email the package to techsupport@pillartopost.com or fax the package to the Pillar To Post Inc. technical department at (416) 620-3575 and send a copy to your insurance carrier.

3.

Cooperate with the insurer, adjusters, attorneys and any others appointed to work on your behalf. Contact the Pillar To Post Inc. Technical Department if you have any questions in this regard.

COMPLAINT FORM (Please PRINT legibly) Franchisee Name:___________________________________ Property Address:___________________________________ __________________________________________________ Client:____________________________ Phone: ________________ Real Estate Company:________________________________ Broker/Agent_______________________________________ Date of Inspection: __________________________________ Report Number: ____________________________________ Date Client Moved Into House: ________________________ Date Problem was First Noticed: _______________________ Date of Client's First Complaint Call: ___________________ Dollar value of Complaint: ____________________________ Description of Complaint: _____________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ ______________________________________________________________

Were Repairs Made Before Problem was Reported to You? Yes _______________

No _________________

If Yes, What Repairs? ___________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ __________________________________________________ If No, Any Damages Resulting From Problem: ________________________ ______________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _____________________________________________________ Date of Reinspection: ____________________________________________ Observations: __________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _______________________________________________ Conclusions: ___________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ _______________________________________________ Do You Believe the Complaint May Have Some Merit?

Yes _________________

No _________________

If Yes, Give Details: _____________________________________________ If No, Why Does the Complaint Not Have Merit: ______________________

_________________________________________________________________ _________________________________________________________________ ________________________________________________________ Photos taken: _______ Yes _______ No What do Photos Reveal? __________________________________________ _________________________________________________________________ _________________________________________________________________ ________________________________________________________ Accompanying Inspector: ________________________________________ Have Contractors Been Contacted by Client for Repair Work?

Yes _________________ No ____________________ If yes, what are Their Comments? __________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ Other Comments You Wish to Add?_________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________

SAMPLE REPLY – FORMAL COMPLAINT

I am writing in reply to your letter dated May 27, 1998. As noted therein, I was contracted to perform an inspection on October 18, 1996, for a sale that was completed on December 28, 1996. You took possession of the home on February 14, 1997, and first noted problems with “spalling” and roof leaks in February and March of 1998, some seventeen (17) months after my inspection.

As noted in the Inspection Agreement, the inspector conducts a visual inspection of the property, in accordance with the Standards of Practice of the American Society of Home Inspectors. The inspector does not offer an opinion as to the advisability or inadvisability of the purchase of the property.

Of particular relevance to your complaint is the language found in paragraph three of the Inspection Agreement: The Inspection Report is based on the condition of the property existing and apparent as of the time and date of the inspection. Not all conditions may be apparent on the inspection date due to weather conditions, inoperable systems, inaccessibility of areas of the property, etc. Inspector is neither responsible nor liable for the non-discovery of any patent or latent defects in materials, workmanship, or other conditions of the Property, or any other problems which may occur or may become evident after the inspection time and date. Inspector is neither responsible nor liable for any future failures or repairs. The Inspection and subsequent Inspection Report may help reduce the risk of purchasing the property; however, an inspection does not eliminate such risk nor does the inspector assume such risk. (Emphasis added) The Inspection Report indicates it was raining at the time of the inspection. This presented some limitation with respect to examination of the roof, as well as examination of the exterior walls.

Despite these limitations, I did note problems with spalling in the chimney areas. I discussed these problems with *name* during the inspection and I noted them in my report. We agreed that repairs should be undertaken. However, when I returned to look at the bricks after receiving your complaint, there was no evidence that you had undertaken the repairs we had discussed more than one year earlier.

Naturally, the condition had continued to deteriorate during that time.

The roof was not leaking on the day of the inspection and there was no evidence of a prior leak. Flat roofs are difficult to assess and leaks can arise with them at any time. It was impossible for me to predict that a leak would occur one year later and I cannot be held responsible for that future failure.

As to the cedar shake roof, I cannot understand why you think I should purchase a new one for you. When I examined the roof, it had been recently restored and treated. The Inspection Report identifies whether a roof is damaged and whether its life expectancy is “typical”, “poorly maintained” or “exceeded”. There was no damage evident to the roof. Given the fact that it had just been restored and treated, and a five-year warranty given, the roof could not be considered “poorly maintained” or past its life expectancy. Thus, I noted that the roof was typical for the age of the home.

Although I am sorry that you have encountered so much expense with respect to your home, I do not feel that I am responsible for any of it. I performed a thorough inspection in accordance with ASHI® standards and I correctly identified the problem areas in the home, both in discussion with *name* and in the body of the Inspection Report. I simply cannot be held responsible for difficulties which arose 17 months after the inspection.

Sincerely,

GENERAL RELEASE

RELEASOR: ________________________________________________ RELEASEE: (Inspector’s Name) and Pillar To Post ® Home Inspection Service For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned ("Releasor"), does hereby release (Inspector’s Name) and Pillar To Post® Home Inspection Service (PUT THE NAME OF YOUR FRANCHISE HERE IF IT IS A CORPORATION OR LIMITED LIABILITY COMPANY) ("Releasee") and Releasees’ successors, heirs, executors, administrators and personal representatives, of and from all, and all manner of, actions, causes of action, suits, proceedings, damages, claims, and demands whatsoever in law or equity, which Releasor ever had, now has, or which Releasor's heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever, existing up to the date of this Release, including all damage, loss and injury not now known or consequences thereof, and specifically including, notwithstanding the generality of the foregoing, any claims relating to the inspection of the home located at: _____________________________________________________, and for the Inspection Report dated ___________________ , Number ____________.

AND IT IS FURTHER AGREED that said payment or promise of payment is deemed to be no admission whatsoever of liability on the part of the Releasee.

IN WITNESS WHEREOF, I have executed this Release this day of _______________________. (date)

_________________________________ Signature of Releasor __________________________________ Printed Name of Releasor

CHAPTER 12: THE VISUAL INSPECTION REPORT

THE REPORT AS A PROPRIETARY DOCUMENT Pillar To Post Inc. has created a report form that covers some 1600 items, each of which is to be visually examined and commented upon.

The Report is a copyrighted document, with the copyright being claimed by Pillar To Post Inc. It is one of the proprietary products that you are required to purchase and use in the operation of your Pillar To Post® Home Inspection franchise, as stated in your Franchise Agreement with us.

You must use the Visual Inspection Report without substitution or variance. You cannot obtain a commercially available report and paste the Pillar To Post® logo on it; you cannot “improve upon” the Pillar To Post® document by creating your own version. All of these actions are a violation of your Franchise Agreement which could lead to termination of your franchise relationship with us.

We also provide the 531 series of kits intended for single item and “limited scope” inspections. These kits ensure that you have the necessary backup components and a decent folder in which to do your presentation when the entire binder kit is not appropriate.

The use of “forms only” or “inspection numbers only” is also permitted under limited conditions in consultation with your operations support specialist.

You are permitted, of course, to add sections for reporting on areas that are not addressed in the main document, such as the results of radon or lead testing, or the results of inspecting a swimming pool or other such area that is ordinarily excluded from our Reports. When you do this, please ensure that you do it under a separate contract and that you carry the appropriate insurance to cover your operations.

Pillar To Post® Visual Inspection Reports are designed to: 1.

Meet the contractual requirements established in the Visual Inspection Agreement.

2.

Facilitate an inspection that meets or exceeds all Pillar To Post Inc. and ASHI® standards.

3.

Reduce the likelihood of complaints, callbacks, and claims.

If you have suggestions for improving upon the Report, particularly those ideas that have broad application throughout one or both countries, please forward them to the technical department at Pillar To Post Inc. Your input is valued, as we continually strive to improve upon the products that we provide to our franchisees.

THE PURPOSE OF THE VISUAL INSPECTION REPORT It is helpful to remember where the inspection and the report fit into the home purchase process: 1. The client, having viewed several potential homes, finds one that will suit his needs. (He has ‘fallen in love’ with the house, etc.)

2. He has entered into a Purchase Agreement, subject to a satisfactory home inspection.

3. The inspection provides the client with information that deals with his anxieties regarding what he does not know or understand about the condition and function of various systems and components that make up the house.

The client has two basic questions that he wants answered through the home inspection process: 1.

Can I live in this house? (Is it safe and do the systems and components in the home function the way they should?)

2.

Can I afford the house, both now and in the future? (He needs to consider the initial cost, operating expense, and initial modifications, as well as future maintenance and repairs.

Thus, from the client’s point of view, the Visual Inspection Report, should: 1. Provide an objective, unbiased, written assessment of the current condition of the home. The Report must detail major defects, identify its probable cause or causes, and give recommendations for remedy. The information must be delivered in terms that are easily understood by the layman.

2. Educate the client and alert him to problems or potential problems, with an emphasis on recognizing the symptoms of underlying problems.

3. Identify needed repairs, distinguishing between work that is required immediately versus that which can wait. Through the Cost Guide, the Report will also provide information on approximate costs for work to be done.

Having gone through the inspection process with you (in the ideal situation), the client should be thoroughly familiar with the home and with the Report. He will be aware of needed maintenance items and costs as well as necessary repairs. This gives him the opportunity to make an informed decision as to whether he should proceed to closing on the purchase of the home; renegotiate the terms of the Purchase Agreement; or terminate the deal. This is why he purchased your services.

WRITING THE REPORT A home inspection consists of three essential activities: 1.

Observation: Looking at everything you can.

2.

Analysis: Distinguishing normal from abnormal; assessing the significance of a defect; and determining the need for further investigation or repairs.

3.

Reporting: Recording the results of your observation and analysis.

The report form becomes a ‘Report’ only when you have made written comments on various items, including problems and/or conditions pertaining to the inspected property that are of concern to your client.

It is your comments that make the Report valuable. The inspection and the findings contained within the Report are the service for which you have been paid by your client.

The manner in which you complete the Report is of vital importance. Oral explanations and statements made to a client during an inspection, however helpful and appreciated at the time, may be forgotten or misinterpreted at a later date. Your written account of the inspection must disclose to your client exactly what you did and how it was done. Remember, if the facts are not in the Report, then you are, for all intents and purposes, stating that they do not exist.

What should be included in the Report?

1.

All items that are of a safety concern.

2.

3.

4.

5.

Possible consequences of an identified defect or damage.

Possible causes of a deficiency.

All limitations on the inspection process.

Reasons for recommended action or repairs (e.g. “Extend downspout leaders to reduce the potential of water accumulation and possible basement leaks.”)

Write defensively, to protect yourself from problems and claims: 1.

Reiterate in your Visual Inspection Report the limitations that are set out in the Visual Inspection Agreement. Examples:

“Recommend re-caulking around bathtub. Further evaluate to determine if concealed damage exists prior to sealing unit.”

“Gas furnace is functional, but has exceeded its typical life expectancy. Budget for repairs and replacement cost.”

2.

Visualize the property during other seasons of the year. Try to imagine where snow would accumulate and meltwater might go, or imagine a period of heavy rain. In summer and full bloom does the vegetation compromise the structure? In your Report, note the consequences of any anticipated deficiencies:

“Re-grade away from the structure to reduce potential water entry, foundation deterioration and related damages.”

Remember that you are performing a visual inspection that is not technically exhaustive and does not attempt to determine code compliance. Another example of anticipating problems without crossing the line into specialization is the following: “Suspect asbestos pipe wrap. Asbestos is a known carcinogen, unable to confirm without a lab analysis. Removal can be costly; budget accordingly.”

3.

If you do not know the cause of a defect, deficiency or problem; do not guess. Admit that you cannot determine the cause. You can only rely upon clearly visible evidence such as water stains, rust, decay, damage, nonfunctioning systems, etc. If you guess, and your guess is incorrect, you can be found negligent for the incorrect diagnosis or judgment.

4.

Do not make categorical statements. For example, do not state that a system or component will last a specific number of years.

5.

Remember that you are a generalist. Your responsibility is to distinguish the normal from the abnormal. You must not go beyond the limits of your expertise. When you recognize a problem that requires the opinion of a specialist, recommend in your Report that the client call in an expert in that particular field. If the problem involves wiring problems, note that a licensed electrician should be contracted. If the problem concerns foundation damage, note that a structural engineer may be needed. These experts can further evaluate a condition that you have identified as significant or hazardous.

6.

Contact the technical staff at Pillar To Post Inc. when you run across a problem that you do not understand or have not previously encountered.

The importance of the well-chosen phrase: The language of your Visual Inspection Report reflects on your professionalism and the quality of your franchise operation. Your choice of words can impact your image, your reputation, and your success. Sloppy, poorly written sentences, misspelled words and grammatical errors all convey a negative image to the reader. The English language is rich enough for the same thought to be expressed both with delicacy and with force. Words are powerful and should be chosen with precision.

The most important function of your Report is “communication”. Thus, you should always strive to use words that have meaning to your reader. Whenever possible, avoid use of the following: 

Big Words – especially those not in common usage.



Technical Terms – or, if a technical term is used, define it.



Ambiguous Words – e.g., the word “correct”, which can be used both as a verb or an adjective, and can indicate a proper condition or something needing change.



Imprecise Adjectives and Adverbs – e.g., “In beautiful condition.” Are you talking about a component's appearance or how it functions?



Slang or Jargon – have no place in a professional report.



Incorrect Terms/Words – e.g., using the word “plug” when you mean “receptacle”, or using the term “vent pipe” when you mean “duct.”

How to “report responsibly” without “killing the deal”: The Pillar To Post® inspector should be seen as an impartial authority. Your obligation is to provide a thorough Report, but your client is not interested in a Report that unnecessarily slanders a home that he has “set his heart on”. There are a number of ways to approach this balancing act: Pillar To Post® inspectors do not report on items of a cosmetic nature, nor do they note normal wear or conditions that are usual for the given age of a home.

We avoid multiple reporting of the same defect. It does not read well if the client sees on every other page of the Report that “the windows in a room are running with condensation.” One comment on the final Additional Comments page should suffice.

We avoid “alarmist statements”, such as using the word “firetrap” when referring to upstairs windows that have been sealed or painted shut, or “danger of electrocution” when pointing out a missing cover on an electrical outlet. It is adequate to note that these conditions present a safety concern and require remediation.

OUR QUALITY CONTROL PROGRAM As part of Pillar To Post Inc’s ongoing quality control program, beginning franchise operations are asked to submit copies of the following to the technical department for review:  Two practice Reports 

These reports will be evaluated by the technical staff and must meet the criteria set for a competent report before you will be allowed to start inspecting for a fee. Additional reports may be requested until the desired competency is achieved.

 First two signed or paid Reports The submitted Reports will be evaluated with respect to Pillar To Post Inc’s high standards. You will be given guidance and suggestions for continually improving your report writing skills.

CHAPTER 13: PROFESSIONAL DEVELOPMENT AND ETHICAL CONCERNS Training and Continuing Professional Education The Training segment is referred to in Section 6 of your Franchise Agreement.

Pillar To Post Inc. presents regional training for all franchisees in even numbered years, sending corporate representatives into convenient locations to provide updated information with respect to technical issues, marketing, and corporate initiatives. Attendance at these meetings is mandatory. There is no registration fee and each franchisee is responsible for the costs of transportation, lodging, salary, etc. for the duration of the program.

In odd numbered years, Pillar To Post Inc. presents a convention, titled a Super Session, through which updated information will be provided with respect to technical issues, marketing and corporate initiatives. A registration fee is charged in connection with these events and every effort is made to control costs, including registration fees, hotel costs and transportation costs. Attendance is required, although exception will be made for hardship cases at Pillar To Post Inc’s sole determination.

Attendance at these meetings fully complies with the franchisor’s requirements with respect to continuing education.

Professional Development through Association Membership Section 6 of the Franchise Agreement addresses this topic.

Local Association membership offers a number of advantages, not the least of which is continuing education in technical areas and the opportunity to network with other home inspection experts. Additionally, protectionist legislation is being presented in many states and the local associations offer an opportunity to lobby for fair and equitable laws that serve to raise the level of professionalism, not to bar competition.

You are required to maintain membership and reach full certification status in a professional association within three years from commencement of your franchise agreement and to meet the criteria established for good standing in that group.

We strongly encourage you to go beyond mere membership. Get involved! Have an impact! Do your part to increase professionalism in the home inspection industry!

Ethical Concerns Franchisee Conflicts of Interest – Repairs, etc.

One of the most important assets of a franchised business is the integrity of the individual units. We at Pillar To Post Inc. have recognized this from the beginning and have drafted our Franchise Agreements to reflect this fact. Head Office demands that its franchisees demonstrate the highest ethical standards at all times and we move quickly to address any concerns in this area. A franchisee’s failure to abide by the terms of its contract and the ethical standards of the home inspection industry will result in our taking immediate action to terminate the franchise agreement. We simply cannot tolerate any hint of noncompliance in this area, as willful violation of the ethical standards by any one franchise puts the entire network at risk.

No franchisee is to have any financial interest in repair/replacement work done as the result of a home inspection. You cannot do the work, oversee the work, make referrals to anyone who gives you anything of value in return for the referral (kickbacks), or take any action that resembles these prohibitions. This policy is interpreted in a “black and white” manner: there is no gray area and there are no exceptions. We have “zero tolerance” for violations.

The relevant portions of the Franchise Agreement are found in Section 7.

The ASHI® Code of Ethics, which is representative of the industry standard, also addresses this situation: 6.

The member will promptly disclose to his client any interest in a business which may affect the client. The member will not allow an interest in any business to affect the quality or results of their inspection work which they may be called upon to perform. The inspection work may not be used as a vehicle by the inspector to deliberately obtain work in another field.

Standards of Professionalism – Inspector Conduct on Site Integrity applies to standards of conduct as well as to issues concerning conflicts of interest. As a franchisee, you represent the entire network each time you make a presentation or conduct a home inspection. You owe it to yourself and to your fellow franchisees to act with the highest integrity and standards of professionalism, to avoid any act or behavior which might bring discredit to the Pillar To Post® name.

With regard to personal behavior, franchisees are cautioned that entering an occupied home presents potential concerns that might not be obvious. For example, if the inspector is working alone and there is an occupant in the home, care must be taken to avoid any behavior which could be described as offensive by that occupant. What is seen as harmless flirting or just being “friendly” to some is harassment to others. Under no circumstances should you have physical contact with anyone of the opposite sex (or any minor) alone in the home. Care should also be taken with respect to the use of any language that might be considered offensive or sexually suggestive.

The easiest test to apply in this regard is the “newspaper test” – Never do anything that you would not be comfortable seeing reported on the front page of your hometown newspaper!

In the unlikely event that Pillar To Post Inc. receives a report of inappropriate behavior on the part of a franchisee or one of your inspectors, we have an obligation to the network to investigate fully. We will take a statement from the individual raising the concern and we will contact the franchisee to discuss the matter. Other investigation will be undertaken as appropriate. If a franchisee is found to have committed a criminal act (including unlawful touching) that brings the reputation of the network into question, the franchise relationship will be terminated.

Please remember that you are in a position of trust when you are allowed access to these homes. Your duty is to inspect the home according to our standards of professionalism and to conduct yourself with integrity and decorum. Anything less presents a threat to the entire network.

Pillar To Post Complaint Handling Process Flowchart

Massachusetts Student Handbook

April 1, 2013

PILLAR TO POST COMPLAINT HANDLING PROCESS FLOW

Step 1

Complaint received from client by phone, email or letter. No claim for money, just unhappy

Step 2

Call client back, listen to concerns and allow client to vent. Make sure that they feel you are listening and understand the issue.

Step 3

Once they have calmed down and feel you have heard them out and understand the issue, offer an explanation of the matter if it is a simple issue, or request an opportunity to revist the site if it is something you need to see and verify, but you need them to document the issues .

Step 4

Revisit the site and remember to deal with the client's emotions first before offering any defense of your inspection. Review the client's concerns, take photographs, make notes and and try to get as much background information on how the issue was first discovered if not already obvious.

Step 5

Step 6

Step 7

Step 8

You are absolutely certain that you did a good inspection

You did a good inspection, but it could have been better

You did a good inspection but you missed the issue and there is some liability on your part

Explain to the client that you reported everything correctly and the issue at hand is not due to any failing of the inspection you did. If you received the complaint as an email, you can also respond by email or letter.

Explain to the client that you did your job correcty, but you pride yourself in having happy clients and they are not happy. Would a refund or a partial refund of the inspection fee make them happy?

Explain to the client that you did your job correctly but you can certainly see why they have concerns. Tell them that you will require just a little more time to review your inspection, your notes and photos and you will get back to them within the next week. Ask if they would accept the return of the inspection fee as a satisfactory settlement.

Get their acknowledgement that they understand that you did nothing wrong and tell them that you will follow this visit up with a letter or email to confirm that the matter is closed.

If they agree to the refund or partial refund of the inspection fee, explain that you a very willing to do so and they will be required to sign a Release Form.

If they agree to the refund of the inspection fee, explain that you a very willing to do so and they will be required to sign a Release Form. If not, tell them that you will need some additional time to review the report, your notes and your photos and will get back to them within a week.

Send letter or email to client thanking them for the opportunity to revisit the site and clear up matters and acknowledge that you now regard the matter as closed.

Have the Release Form completed and signed and provide the client with a check for a refund of the inspection fee

Sample Letter/Email

Step 9

For your own protection, forward a copy of the Incident Report Form and the Sign- off Letter to the insurance carrier.

For your own protection, forward a copy of the Incident Report Form and the General Release to the insurance carrier.

Never make a refund or partial refund without having the General Release signed. Release Form

Pillar To Post Inc. April, 2013

YOU RECEIVE A WRITTEN DEMAND FOR MONEY OR YOU ARE SERVED WITH A SUMMONS

Get it in writing

Have the Release Form completed and signed and provide the client with a check for a refund of the inspection fee.

If they do not accept your offer, proceed to the next step below

Report the incident to the contact person at your insurance carrier.

Insurance Contacts Incident Report Form

1

April 1, 2013

PILLAR TO POST COMPLAINT HANDLING PROCESS FLOW

Step 1: βack This is the call everybody dreads. Client calls that they are unhappy as there are things you missed on the inspection or they have had water in the basement or some other issues. This can also come in the form of a voicemail or email as well.

Step 2: βack If it comes in the form of a telephone call, you need to keep your emotions in check and allow the client to vent and let their frustrations out, because until such time as they do, they are not going to hear what you say and any clarification you may offer, will only be interpreted as defensive talk on your part and not appreciated and they could then become argumentive.

Step 3: βack When they have had the opportunity to download all of this on you, stay calm and composed and confirm that you have heard and understand the issues as outlined by them. You may now take the opportunity to respond to their concerns or, if the issue is too complicated or the client has not cooled down yet, let them know that you need some time to review your report and the photographs you took at the time of the inspection and you will get back to them. Tell them that you may need to revisit the site to verify the issues, but first, you will need them to document the issues so that you can be certain to address all of their concerns and not miss anything.

Agree upon a time that is convenient for both of you and make sure that you have allowed sufficient time to speak with your Regional Director if you think you need a second point of view or you just require a bit of coaching. Your Regional Director may assess that they require you to refer the matter to home office for some additional help or may advise you to contact your insurance broker with the matter. Whatever happens, please ensure that you keep the appointment for your follow up Step 4:

βack

If you have not managed to resolve the matter on the telephone or by email, arrange a revisit to the site to review the client’s concerns.

Remember to remain calm and to listen and respect the client’s anxiety and concern at this time. Make notes of and take photographs of all the issues discussed and observed. Stick to the list that the client has supplied and don’t let them expand on it.

Step 5:

βack

Scenario A: You conclude that you have done a good inspection and are not liable for anything: Scenario B: You conclude that you did a good inspection, but it could have been better and you can see how the client lacks some clarity in the manner you reported: Scenario C: You did a good inspection overall but you missed the issue which is the subject of the complaint and there could be some liability on your part: Step 6:

βack

Scenario A: Explain to the client that you have gathered all your facts and have determined that there is no fault on your behalf. Clearly explain that you did your job correctly and clarify any misunderstanding about the findings in your report.

Scenario B: Explain that in your opinion you did the job required of you. Tell the client that you pride yourself in always having happy customers and they do not appear to be happy, would a refund or partial refund of the inspection fee make them happy?

Scenario C: Pillar To Post Inc. April, 2013

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PILLAR TO POST COMPLAINT HANDLING PROCESS FLOW

a. Explain to the client that in your opinion you performed a good inspection, but you can certainly see why they have concerns. Tell the client that you pride yourself in always having happy customers and they do not appear to be happy, would a refund or partial refund of the inspection fee make them happy? b. If they are not willing to accept a partial or full refund of the inspection fee, ask them what in their opinion would be fair compensation for their perceived damages. Do not comment on the figure they have in mind but certainly write it down so you remember it in your deliberations when you weigh up next steps. Tell the client that you will need some time to review the photographs and notes you made during the revisit and will get back to them within a week.

Step 7:

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Scenario A: Get an acknowledgement from the client(s) that they clearly understand the issue surrounding their concern and that you did nothing wrong. Thank them for giving you the opportunity for clearing things up with them and tell them that you will follow it up with an email confirming that the matter is closed.

Scenario B: Thank the client for the opportunity of a revisit to resolve the matter and tell them that you are glad to provide a Partial/Full refund of the inspection fee provided they sign the General Release Form. You can tell them that your franchisor requires it.

Scenario C: a. They accept your offer of a Partial/Full refund of the inspection fee. Thank the client for the opportunity of a revisit to resolve the matter and tell them that you are glad to provide a Partial/Full refund of the inspection fee provided they sign the General Release Form. You can tell them that your franchisor requires it. b. They do not accept your offer of a Partial/Full refund of the inspection fee, but: i.

The amount they are happy to settle for is still below your insurance deductible. a. You could settle if they are prepared to sign the General release, or b.You may opt to report it to your insurance carrier for advice before you decide to pay. ii.

The amount they are happy to settle for is above your deductible: a. Report the matter to your insurance carrier. b.You will require copies of the signed VIA, the completed home inspection report, the Incident Report Form, all correspondence between you and the client and any notes and photographs taken at the re-inspection.

Step 8:

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Scenario A: Send a letter or email to the client thanking them for the opportunity to revisit the site and clear up matters for them and acknowledge that you now regard the matter closed.

Scenario B: Have the General Release Form completed and signed and provide the client with a check for the agreed upon amount. It is really important to hold onto this document by filing it away safely.

Scenario C: a. They accept your offer: Have the General Release Form completed and signed and provide the client with a check for the agreed upon amount. It is really important to hold onto this document by filing it away safely. b. They do not accept your offer: Proceed to Step 9.

Step 9: Pillar To Post Inc. April, 2013

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Scenario A: Because the bulk of our insurance cover is underwritten on a Claims Made and Reported basis, it is imperative that the incident is reported within the policy period when it occurs, so while you think that this matter has been dealt with and has “gone away”, if the client comes back on this same issue a year or two after you think it has been resolved and you then submit it to the insurer for coverage, it will be denied. You will be covered if you reported the incident on your insurance renewal application when you renew your insurance, but most people forget because they regard the matter as resolved. With this in mind, we have negotiated with all our approved insurance brokerages to accept these incident reports from you as soon as you resolve them and it will be noted in your file without affecting your insurability or your insurance premiums at all. Include the Incident Report Form and a copy of your letter to the client thanking them for the opportunity to revisit the property and acknowledging that you regard the matter as closed.

Scenario B: This scenario is the same as A: above but the documents to include are the Incident Report Form, the General Release and a copy of the cashed check if possible.

Scenario C: Complete your Incident Report Form and contact the designated Pillar To Post Account Manager at the approved insurance brokerage.

Insurance Contacts for Incident Reporting: The Allen Insurance Group Capitol Special Risks NAPLIA FREA HUB International

Bob Pearson at 1-800-474-4472 x 201 or email bob@allenins.com Niccole Barnes at 1-800-956-7047 or email nbarnes@csrisks.com Ryan Osborne at 801-610-2705, or email ryan@citadelus.com Brian Trotier at 1-800-882-4410 or email BrianT@frea.com Kimberley Smith at 1-905-847-5500 or email kim.smith@hubinternational.com βack

Pillar To Post Inc. April, 2013

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April 1, 2013

PILLAR TO POST COMPLAINT HANDLING PROCESS FLOW GENERAL RELEASE

RELEASOR: ________________________________________________ RELEASEE: (Inspector’s Name) and Pillar To Post® Home Inspection Service For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned ("Releasor"), does hereby release (Inspector’s Name) and Pillar To Post® Home Inspection Service (PUT THE NAME OF YOUR FRANCHISE HERE IF IT IS A CORPORATION OR LIMITED LIABILITY COMPANY) ("Releasee") and Releasees’ successors, heirs, executors, administrators and personal representatives, of and from all, and all manner of, actions, causes of action, suits, proceedings, damages, claims, and demands whatsoever in law or equity, which Releasor ever had, now has, or which Releasor's heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever, existing up to the date of this Release, including all damage, loss and injury not now known or consequences thereof, and specifically including, notwithstanding the generality of the foregoing, any claims relating to the inspection of the home located at: _____________________________________________________, and for the Inspection Report dated ___________________ , Number ____________.

AND IT IS FURTHER AGREED that said payment or promise of payment is deemed to be no admission whatsoever of liability on the part of the Releasee.

IN WITNESS WHEREOF, I have executed this Release this day of _______________________. (date)

_________________________________ Signature of Releasor __________________________________ Printed Name of Releasor βack

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PILLAR TO POST COMPLAINT HANDLING PROCESS FLOW

INCIDENT REPORT FORM To be completed by inspector not the customer Franchisee Name: Property Address: Client: Real Estate Company: Broker/Agent: Date of Inspection: Report Number: Date Client Moved in: Date Problem First Noticed: Date of Client's First Call: Description of Complaint: Estimated/Claimed Value: Were repairs made before problem was reported?

If Yes, What Repairs?

If No, Any Damages Resulting from Probl em?

Date of Re-inspection: Re-Inspection Observations: Does Complaint Have Merit?

If No, Give Details: Photos Taken?: What do Photos Reveal?

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Have Contractors Been Contacted by Client for Repair Work?

Contractor’s estimate to correct:

Supporting Documentation Received:

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Sample Sign-off Email/Letter Dear Client,

I wish to thank you for affording me the opportunity of revisiting your home to clarify the report findings with you.

I am glad that we were able to resolve the issue surrounding the <<leaking kitchen faucet>> .

While I now regard this matter as being closed, please remember that I am always available to answer any questions you may have over time with respect to your home and its systems.

Sincerely, John Q. Inspector

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