444-A – Short Title.

§ 444-a. Short title. This article shall be known and may be cited as the “home inspection professional licensing act”.

444-B – Definitions.

§ 444-b. Definitions. As used in this article, the following terms shall have the following meanings: 1. “Client” means any person who engages or seeks to engage the services of a home inspector for the purpose of obtaining inspection of and written report about the condition of a residential building. 2. “Department” means the department […]

444-C – Code of Ethics and Standards of Practice.

§ 444-c. Code of ethics and standards of practice. 1. The secretary shall promulgate regulations to implement the provisions of this article including but not limited to: (a) standards for training including approval of the course of study and examination required for licensure of home inspectors; (b) requirements and standards for continuing education of home […]

444-D – License Requirements for Home Inspectors.

§ 444-d. License requirements for home inspectors. No person shall conduct or represent that he or she has the ability to conduct a home inspection for compensation unless such person is: 1. licensed as home inspector pursuant to this article; or 2. a person regulated by the state or a political subdivision thereof as an […]

444-E – Qualifications for Licensure.

§ 444-e. Qualifications for licensure. 1. An applicant for a license as a home inspector shall: (a) have successfully completed high school or its equivalent; and (b) (i) have successfully completed a course of study of not less than one hundred forty hours approved by the secretary, of which at least forty hours shall have […]

444-F – License Periods, Renewals and Fees.

§ 444-f. License periods, renewals and fees. 1. Home inspector licenses and renewals thereof shall be issued for a period of two years, except that the secretary may, in order to stagger the expiration date thereof, provide that those licenses first issued or renewed after the effective date of this section shall expire or become […]

444-G – Duty of Care of Home Inspectors.

§ 444-g. Duty of care of home inspectors. 1. Every home inspector shall comply with the provisions of this article, and the rules, regulations and standards adopted pursuant thereto. The duty of every home inspector shall be to the client. 2. Every home inspector shall display his or her license number and status as a […]

444-H – Suspension and Revocation of Licenses.

§ 444-h. Suspension and revocation of licenses. 1. The secretary may refuse to grant or may suspend or revoke a home inspector license, and may impose a civil penalty not to exceed one thousand dollars per violation, upon proof to the satisfaction of the secretary that the holder thereof has: (a) Violated the provisions of […]

444-I – Denial of License; Complaints; Notice of Hearing.

§ 444-i. Denial of license; complaints; notice of hearing. The department shall, before making a final determination to deny an application for a license, revoke a license, suspend a license, issue a reprimand, or impose a civil penalty for violation of this article, notify the applicant or licensee in writing of the reasons for such […]

444-J – Practice of Architecture and Professional Engineering.

§ 444-j. Practice of architecture and professional engineering. A person regulated by the state of New York to engage in the practice of architecture when acting within the scope of that practice, a person licensed in the state of New York to practice professional engineering when acting within the scope of that practice or a […]

444-K – Liability Coverage.

§ 444-k. Liability coverage. 1. Every licensed home inspector who is engaged in home inspection shall secure, maintain, and file with the secretary proof of a certificate of liability coverage, which terms and conditions shall be determined by the secretary. 2. Every proof of liability coverage required to be filed with the secretary shall provide […]

444-L – Duties of the Secretary.

§ 444-l. Duties of the secretary. The secretary shall establish such rules and regulations as shall be necessary to implement the provisions of this article.

444-M – Construction With Other Laws.

§ 444-m. Construction with other laws. Nothing in this article shall prevent any licensed engineer, registered architect or any other licensed or regulated profession or governmental employee from acting within the scope of his or her profession or employment.

444-N – Unlicensed Activities.

§ 444-n. Unlicensed activities. The secretary may issue an order requiring restitution and/or directing the cessation of any activity for which a license is required by this article upon a determination that a person has engaged in or followed the business or occupation of, or held himself, herself, or itself out as or acted as, […]

444-O – Violations and Penalties for Unlicensed Activities.

§ 444-o. Violations and penalties for unlicensed activities. Any person subject to an administrative order issued by the secretary directing the cessation of any activity for which a license is required and/or suspending or revoking a license previously issued who directly or indirectly engages in the business of home inspection, holds himself, herself, or itself […]

444-P – Judicial Review.

§ 444-p. Judicial review. The action of the secretary in suspending, revoking, or refusing to issue or renew a license, or imposing an order directing the cessation of unlicensed activity or imposing a fine or reprimand may be reviewed by the supreme court in the manner provided by article seventy-eight of the civil practice law […]

444-Q – Severability.

§ 444-q. Severability. In the event it is determined by a court of competent jurisdiction that any phrase, clause, part, subdivision, paragraph or section, or any of the provisions of this article, is unconstitutional or otherwise invalid or inoperative, such determination shall not affect the validity or effect of the remaining provisions of this article.