Chapter 1301:17-1 | Procedures and Practices

Rule 1301:17-1-01 | Public notice.

• Effective: January 1, 2021
• Promulgated Under: 119.03

(A) The home inspector board, in giving public notice as to the adoption, amendment, or rescission of any rule required to be adopted under Chapter 119. of the Revised Code, shall publish a notice, at least once, in the register of Ohio and in such other publications as the board may determine from time to time. The notice shall appear at least thirty days prior to the date set for the hearing of the proposed action on any such rule. The notice shall meet the requirements of division (A) of section 119.03 of the Revised Code.

(B) The public notice shall specify the date, time and place of the hearing and shall include:

(1) A statement of the intention to consider adopting, amending or rescinding a rule and the purpose or reason therefor;

(2) A synopsis of the proposed rule, amendment or rescission or a general statement as to the subject to which it relates.

(C) The home inspector board may give additional notice of such public hearing as it deems necessary; however, the giving of such additional notice shall not be mandatory and the failure to give notice by any means other than as specified in paragraph (A) of this rule shall not in any way invalidate any action which may be taken by the home inspector board.

Supplemental Information

Authorized By: 4764.05
Amplifies: 4764.05
Five Year Review Date: 10/31/2025

Rule 1301:17-1-02 | Open public meeting.

• Effective: January 1, 2021
• Promulgated Under: 119.03

(A) Any person may ascertain the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings of the home inspector board by:

(1) Writing to the following address - "Home Inspector Board, Division of Real Estate and Professional Licensing, 77 South High Street, Columbus, Ohio 43215-6133," or

(2) Calling the following telephone number during normal business hours - 614-466-4100, or

(3) Accessing the division of real estate and professional licensing website.

(B) Any person may receive notice of all meetings of the home inspector board. The superintendent shall cause a mailing list to be maintained of all persons who have requested notification. Any person wishing to receive notification shall notify the superintendent that they wish to be included on the mailing list for such notices. Requests may:

(1) Be given in writing to the address given in paragraph (A)(1) of this rule or by electronic mail sent to [e-mail] or such other address as may from time to time be published on the division's web site.

(2) State that the requestor wishes to be notified of all public meetings of the board or those at which specific topics stated by the requestor are to be discussed.

(3) Indicate if the requestor wishes to be notified by electronic mail, fax. or printed notice.

(4) Provide the requestor's electronic mail address, mailing address or fax number.

(5) State if the requestor is a media representative who wishes to be notified of special meetings pursuant to division (F) of section 121.22 of the Revised Code. If a media representative requests notice of special meetings the media representative shall also provide no more than two telephone numbers at which they may be reached.

(C) The superintendent shall cause a notice to be distributed to all persons on the mailing list at least five calendar days before each regularly scheduled meeting of the board. The superintendent shall make all reasonable effort to provide notice of all special meetings in compliance with division (F) of section 121.22 of the Revised Code.

(D) Fees shall be assessed in conformity with the Ohio department of commerce public records request policy and division (B) of section 149.43 of the Revised Code.

Supplemental Information

Authorized By: 4764.05
Amplifies: 4764.05
Five Year Review Date: 10/31/2025

Rule 1301:17-1-03 | Fees.

• Effective: January 1, 2021
• Promulgated Under: 119.03

The applicable nonrefundable fees shall be assessed by the home inspector board as follows:

(A) A two hundred thirty-five dollar fee for initial licensure as a home inspector. This fee is in addition to any special assessment ordered by the board pursuant to section 4764.21 of the Revised Code.

(B) A two hundred thirty-five dollar fee for the renewal of a home inspector license. This fee is in addition to any special assessment ordered by the board pursuant to section 4764.21 of the Revised Code.

(C) A one hundred twenty-five dollar fee for an applicant of a renewal of a home inspector license who has filed the renewal within three months after the expiration of the license. The late filing fee must be submitted with the renewal application for licensure. This late fee is in addition to any fees found in paragraph (B) of this rule.

(D) A twenty-five dollar fee must be submitted to the division for any of the following: a certificate of licensure; a replacement license that must be issued due to the original license being lost or spoliated; the licensee requests a change to the licensee's information on file with the division.

(E) A six hundred dollar fee for the approval of any type of course offering, whether online or in a classroom setting, which is presented as satisfying the home inspector education requirements found in division (C) of section 4764.05 of the Revised Code. A fifty-dollar fee shall be assessed for any substantial changes to the class curriculum or materials.

(F) A one hundred fifty dollar fee for the approval of an initial course offering of classroom education presented as satisfying home inspector continuing education. A fifty dollar fee shall be assessed for substantial changes to the class curriculum or materials. A one hundred dollar fee for approval of classroom education presented as satisfying home inspector continuing education that was taken outside the state of Ohio and was not previously approved by the superintendent to its completion.

(G) A one hundred fifty dollar fee for the approval of any on-line offering presented as satisfying home inspector continuing education. A fifty dollar fee shall be assessed for substantial changes to the class curriculum or materials. A one hundred dollar fee for approval of on-line education presented as satisfying home inspector continuing education that was taken outside the state of Ohio and was not previously approved by the superintendent to its completion.

(H) If a check or other draft instrument used to pay any fee required is returned to the superintendent unpaid by the financial institution upon which it is drawn for any reason, the superintendent shall notify the person that the check or other draft instrument was returned for insufficient funds. A one hundred dollar insufficient fund fee shall be assessed, and any application approval shall be withdrawn pending timely payment of all fees.

(I) The superintendent of real estate may require that fees be paid by credit card, debit card, personal check, cashier's check, certified check, money order or electronic funds transfer.

Supplemental Information

Authorized By: 4764.05
Amplifies: 4764.07, 4764.09, 4764.10
Five Year Review Date: 10/31/2025

Rule 1301:17-1-04 | Out of state applicants.

• Effective: April 8, 2021
• Promulgated Under: 119.03

(A) An applicant for an initial Ohio home inspector license may obtain a license pursuant to section 4764.10 of the Revised Code provided the following, including but not limited to, are satisfied:

(1) The applicant completes an application prescribed by the superintendent;

(2) The applicant submits to criminal background check as found in division (B) of section 4764.07 of the Revised Code;

(3) The applicant satisfies all the requirements of section 4764.10 of the Revised Code; and

(4) Payment of appropriate fees required by paragraph (A) of rule 1301:17-1-03 of the Administrative Code.

(B) Any applicant for an Ohio home inspector license who is doing business in Ohio as, including but not limited to, a sole proprietor, a corporation, a partnership, limited liability corporation, limited liability partnership or an association shall file or register with the Ohio secretary of state.

(C) The signature on any application may be written by hand or be an electronic signature, as defined by division (H) of section 1306.01 of the Revised Code.

(D) Upon notice from the division of real estate and professional licensing that an application for initial licensure is incomplete or incorrect as filed, the applicant shall within thirty days of the date of the last such notice submit to the division a corrected application or the additional information requested. Failure to timely submit such corrected application or additional information shall constitute just cause for the superintendent to void the application and impose a forfeiture of any application fee pursuant to section 4764.05 of the Revised Code.

Last updated April 8, 2021 at 3:18 PM

Supplemental Information

Authorized By: 4764.05
Amplifies: 4764.10
Five Year Review Date: 10/31/2025

Rule 1301:17-1-05 | Applications.

• Effective: January 1, 2021
• Promulgated Under: 119.03

(A) An applicant for an initial or a renewal of an Ohio home inspector license may obtain a license provided the following, including but not limited to, are satisfied:

(1) The applicant completes an application form prescribed by the superintendent satisfying the requirements to be an Ohio licensed home inspector; and

(2) Payment of appropriate fees required by rule 1301:17-1-03 of the Administrative Code.

(B) Any applicant for an Ohio home inspector license who is doing business in Ohio as, including but not limited to, a sole proprietor, a corporation, a partnership, limited liability corporation, limited liability partnership or an association shall file or register with the Ohio secretary of state.

(C) The signature on any application may be written by hand or be an electronic signature, as defined by division (H) of section 1306.01 of the Revised Code.

(D) Upon notice from the division of real estate and professional licensing that an application for initial licensure is incomplete or incorrect as filed, the applicant shall within thirty days of the date of the last such notice submit to the division a corrected application or the additional information requested. Failure to timely submit such corrected application or additional information shall constitute just cause for the superintendent to void the application and impose a forfeiture of any application fee pursuant to section 4764.05 of the Revised Code.

(E) A licensed home inspector who fails to renew a license prior to its expiration may, during the three months following the date of expiration, renew the license by submitting the following to the division.

(1) The applicant completes an application form prescribed by the superintendent satisfying the requirements to renew an Ohio home inspector license; and

(2) Payment of a renewal fee and payment of a late renewal fee required by rule 1301:17-1-03 of the Administrative Code.

(F) A licensed home inspector who applies for late renewal shall not engage, following the expiration date of the license, in any activities permitted under the license being renewed until the superintendent notifies the licensed home inspector that the licensed home inspector's license has been renewed. If a licensee fails to satisfy any of the requirements to renew the license within three months following the date of the license's expiration, then a new home inspector license must be obtained pursuant to section 4764.07 of the Revised Code.

Supplemental Information

Authorized By: 4764.05
Amplifies: 4764.07, 4764.09, 4764.10
Five Year Review Date: 10/31/2025

Rule 1301:17-1-06 | Criminal records check.

• Effective: January 1, 2021
• Promulgated Under: 119.03

(A) Within ten days after the date of filing an application with the division for licensure, an applicant shall submit fingerprints to the Ohio bureau of criminal identification and investigation [BCI&I] using a method authorized by BCI&I for a criminal records check pursuant to division (B) of section 4764.07 of the Revised Code. The applicant shall pay any required fee for the criminal records check and direct that the results from BCI&I be transmitted to the division of real estate and professional licensing.

(B) Failure to timely comply with paragraph (A) of this rule may constitute just cause for the superintendent to close the applicant's file and impose a forfeiture of any application fee.

Supplemental Information

Authorized By: 4764.05
Amplifies: 4764.06, 4764.07
Five Year Review Date: 10/31/2025

Rule 1301:17-1-07 | Home inspector qualifying education.

• Effective: June 24, 2024
• Promulgated Under: 119.03

(A) For purposes of this rule, to be considered "online," the course must satisfy the requirements found in paragraph (A) of rule 1301:17-1-11 of the Administrative Code and means any education process based on geographical separation of student and instructor. "Qualifying education" means education necessary to obtain an Ohio home inspector license as required by division (D)(5) of section 4764.07 of the Revised Code. "Qualifying education" for this rule shall be completed in a classroom or online setting.

(1) An education provider who is an applicant for initial qualifying education course approval shall submit to the division of real estate for approval of home inspector qualifying education courses on a form prescribed by the superintendent along with the nonrefundable fee as specified in rule 1301:17-1-03 of the Administrative Code. The application form and fee must be submitted to the division at least thirty days prior to the proposed initial date of the course offering. Upon notice from the superintendent that an application is incomplete or incorrect as filed, the applicant shall, within thirty days of the date of the last such notice, submit to the division the additional requested information or the corrected application. Failure to timely submit the additional requested information or the corrected application shall constitute just cause for the superintendent to void the application.

(2) Qualifying education approved for this rule shall be valid for three years from the date of issuance by the superintendent provided the superintendent approves any substantial changes made to the course, and the education provider and its instructors comply with the requirements of this rule and Chapter 4764. of the Revised Code. Changes to the course instructor or to the course syllabus, description or content consisting of more than one-third of the course hours shall be considered a substantial change. Each education provider of approved qualifying education shall file an application with the division at least ten days in advance of any substantial changes to a course.

(B) An applicant for an initial home inspector license shall successfully complete at least eighty hours of qualifying education in the following topics, and the superintendent may approve course offerings for qualifying education which fall within the following topics:

(1) Foundations, which includes the following topics:

(a) Site analysis/location;

(b) Grading;

(c) Foundations;

(d) Flat work;

(e) Material;

(f) Foundation walls;

(g) Foundation drainage;

(h) Foundation waterproofing and damp proofing;

(i) Columns; and

(j) Under floor space.

(2) Framing, which includes the following topics:

(a) Flashing;

(b) Wood frame - stick/balloon;

(c) Roof structure - rafters/trusses;

(d) Floor structure;

(e) Porches/decks/steps/landings/balconies;

(f) Doors;

(g) Ceilings;

(h) Interior walls;

(i) Stairways;

(j) Guardrails/handrails/balusters;

(k) Fireplace/chimney;

(l) Sills/columns/beams/joist/sub-flooring;

(m) Wall systems/structure - headers;

(n) Rammed earth;

(o) Straw bale;

(p) ICF;

(q) Panelized;

(r) Masonry;

(s) Wood I joist;

(t) Roof sheathing;

(u) Wood wall;

(v) Steel wall;

(w) Wood structural panel; and

(x) Conventional concrete.

(3) Building enclosure, which includes the following topics:

(a) Review of foundation and roofing relation;

(b) Review of flashing;

(c) Cladding;

(d) Windows/glazing;

(e) Weather barriers;

(f) Vapor barriers;

(g) Insulation; and

(h) Ingress/egress.

(4) Roof systems, which includes the following topics:

(a) Review - rafters, roof joist, ceiling joist, collar ties, knee walls, purling, trusses, wood I joist, roof sheathing, steel framing;

(b) Roof water control;

(c) Skylights;

(d) Flashing;

(e) Ventilation/non-ventilation;

(f) Attic access;

(g) Re-roofing;

(h) Slopes - steep roof/low slope/near flat;

(i) Materials - asphalt, fiberglass, wood shake, wood shingle, slate, clay tile, concrete tile, fiber cement (asbestos cement, mineral cement), metal, roll, build up, modified bitumen, synthetic rubber (EPDM), plastic (PVC); and

(j) Valleys.

(5) Plumbing systems, which includes the following topics:

(a) Water supply systems;

(b) Fixtures;

(c) Drains - sump pumps and sewage ejector pumps;

(d) Vents;

(e) Water heaters (gas and electric); and

(f) Gas lines.

(6) Electrical systems, which includes the following topics:

(a) General requirements, equipment location and clearances;

(b) Electrical definitions;

(c) Services;

(d) Branch circuit and feeder requirements;

(e) Wiring methods;

(f) Power and lights distribution; and

(g) Devices and light fixtures.

(7) HVAC systems, which includes the following topics:

(a) Heating including types of heating sources;

(b) Ventilation;

(c) Air conditioning; and

(d) Evaporative coolers.

(8) Appliances, which includes the following topics:

(a) Dishwasher;

(b) Food waste disposer;

(c) Kitchen exhaust hood;

(d) Range, cooktop, and ovens (electric and gas);

(e) Microwave cooking equipment;

(f) Trash compactor;

(g) Bathroom exhaust fan and heater;

(h) Garage door operator;

(i) Doorbell and chimes;

(j) Dryer vents; and

(k) Refrigerator.

(9) Ohio standards of practice, which shall include the following topics:

(a) Review of general principles and specific Ohio practice standards;

(b) Inspection guidelines for structural systems;

(c) Inspection guidelines for electrical systems;

(d) Inspection guidelines for heating, ventilation, and air conditioning systems;

(e) Inspection guidelines for plumbing systems;

(f) Inspection guidelines for appliances; and

(g) Inspection guidelines for optional systems.

(10) Ohio home inspector law, which shall include the following topics:

(a) Chapter 4764. of the Revised Code;

(b) Rules of the board related to Ohio licensed home inspectors.

(11) Ohio report content/report writing, which shall include the following topics:

(a) The required inspection report content as defined in division (D) of section 4764.01 of the Revised Code;

(b) Allowed reproductions and distributions;

(c) Allowed changes;

(d) Review of typical comments for each heading in the report; and

(e) Review of generally accepted technical writing techniques.

(C) The following offerings will not be considered by the Ohio home inspector board to meet qualifying education requirements:

(1) Examination preparation courses;

(2) Sales promotion or meetings held in conjunction with the general business of the attendee or the attendee's business associates;

(3) Meetings which are a normal part of in-house staff training; or

(4) That portion of any offering devoted to meals or other refreshment.

(D) Criteria for approval of offerings and instructors.

(1) For this rule, "classroom hours" shall mean the amount of time necessary to complete the course, without interruption. One classroom hour consists of fifty minutes of instruction out of a sixty-minute segment.

(2) Instructors who present a qualifying education course, shall submit documentation to the division through a form prescribed by the superintendent demonstrating the instructor meets at least one of the following qualifications:

(a) Possession of a bachelor's degree or higher in a related field to that which the person is to teach, from a school listed as an institution of higher learning by the United States department of education, or from a comparable school of a foreign country;

(b) Possession of a valid teaching credential or certificate from Ohio or another state authorizing the holder to teach in the field of instruction which the person is to teach;

(c) Five years full-time experience in a profession, trade, or technical occupation in the applicable field; or

(d) Any combination of at least five years of full-time experience relevant to the applicable field and college level education.

(3) Acceptable education providers of home inspector qualifying education include: a college or university that is a degree-granting institution accredited by the commission on colleges, a regional or national accreditation association or accrediting agency recognized by the U.S. secretary of education; a community or junior college; a proprietary school approved by the state board of career colleges and schools; or a professional organization. A professional organization consists of an organization that offers instruction in home inspector subjects found in paragraph (B) of this rule; offers an organization designation to home inspectors upon the completion of home inspector education and experience; and has established a standard of practice and code of ethics for its organization members that is consistent with the board's standard of practice and code of ethics.

(4) Each qualifying education course shall be open to all on an equal basis.

(5) An education provider may administer quizzes or examinations in an online qualifying education course for the purpose of verifying participation but passing a course examination shall not be a requirement for successful completion of a qualifying home inspector education course.

(E) The education provider must issue certificates to an attendee using the correct course certification number provided by the division. Any certificate incorrectly issued must be reissued to each attendee within thirty days of receipt of notice of the defective certificate by the education provider using the valid certification number as assigned by the division.

(F) No approved education provider shall certify the attendance of a person who was not physically present during ninety-five per cent of the instruction time. All offerings must be successfully completed.

(G) Record keeping.

(1) Education providers shall maintain for four years from the date of the course a record of attendance of each person attending the course disclosing the following information:

(a) Ohio home inspector board approval certification number;

(b) Name and business address of attendee;

(c) Course title, description of offering and name of course instructor;

(d) Classroom hours of attendance;

(e) Date of course offering; and

(f) Name, address, and signature of verifier in employ of the education provider.

(2) The education provider shall certify the items specified in paragraph (G)(1) of this rule on a certificate or transcript and furnish a copy to the attendee within fifteen days after successful completion of the offering.

(3) Each education provider shall submit to the division, in a format prescribed by the superintendent, within fifteen days after completion of each offering, a list of the students who successfully completed the course. The list shall include student names and addresses, the course certification number, the number of approved hours and the date the course was held.

(H) Denial or withdrawal of offering.

(1) The superintendent may deny or withdraw approval of the initial application for any proposed qualifying education offering if the offering does not meet the requirements of Chapter 4764. of the Revised Code or of the standards or criteria prescribed in this rule or rule 1301:17-1-11 of the Administrative Code.

(2) The superintendent may deny or withdraw the approval of a person as a qualifying education course instructor for any person who was convicted of a disqualifying criminal offense found on the division's web site within the time period established in division (D)(2) of section 9.79 of the Revised Code, found to have provided false information to the division, who has been disciplined by the board for a violation of Chapter 4764. of the Revised Code or has been disciplined by any state licensing board.

(3) If the superintendent determines an initial offering, an offering previously approved, or an instructor previously approved does not meet or no longer meets prescribed standards set forth in this rule, then a written notice of the denial or withdrawal of approval will be given stating the reasons therefore. The notice of withdrawal of approval will be effective ten days from the date of the notice of withdrawal.

(4) A party served with the notice in paragraph (H)(3) of this rule may file, within thirty days of the date of the notice, a written request for hearing before the board. If a request for hearing is timely filed, a hearing before the board will be held at the board's next regularly scheduled meeting.

(I) The division shall keep a current list of approved home inspector qualifying education courses which shall be available to the public.

(J) An education provider shall allow the division to audit a course approved pursuant to this rule and shall permit division investigators and auditors to audit, upon division request, an education provider's records related to that course during normal business hours. An education provider has a duty to ensure an approved course remains current with home inspector laws, rules and industry practice.

(K) Applicants of an initial home inspector license application must submit with the application a certificate, transcript, letter or other similar documentation properly issued from the education provider at which the course or courses of education were completed. The superintendent of the division of real estate and professional licensing may request supporting documentation to determine the acceptability of a particular course or courses.

(L) For applicants only applying to satisfy division (D)(6)(a) of section 4764.07 of the Revised Code, a peer review session from the applicant's curriculum of experience is allowed by division (D) of section 4764.05 of the Revised Code to satisfy the education requirements found in this rule. At maximum, one peer review session may be submitted as part of the education requirements for a home inspector license. One peer review session shall count towards ten hours out of the eighty hours of education required for a license. The peer review session must comply with the Administrative Code.

(M) Upon notice from the division of real estate and professional licensing that an application for an initial home inspector license application is incomplete or incorrect as filed, the applicant shall, within thirty days of the date of the last such notice, submit to the division the additional requested information or the corrected application. Failure to timely submit the additional requested information or the corrected application shall constitute just cause for the superintendent to void the application and impose a forfeiture of any application fee.

Last updated June 24, 2024 at 7:57 AM

Supplemental Information

Authorized By: 4764.05(A)(3)
Amplifies: 4764.07
Five Year Review Date: 3/31/2028
Prior Effective Dates: 1/1/2021, 5/31/2023

Rule 1301:17-1-10 | Continuing education for licensees.

• Effective: May 31, 2023
• Promulgated Under: 119.03

(A) A state licensed home inspector shall submit to the division of real estate and professional licensing on a form prescribed by the superintendent, such information as the superintendent or home inspector board may require concerning continuing education instruction completed by the individual.

(B) Home inspector continuing education requirements must be completed in a classroom or online setting. For this rule, "classroom hour" applies to instruction in a classroom setting or in an online setting.

(C) Acceptable home inspector continuing education must fall within the following topics:

(1) Inspection safety;

(2) Report writing;

(3) Canons of ethics;

(4) Standard of practice;

(5) Systems and components as defined in the Ohio home inspector board's standards of practice;

(6) Environmental issues;

(7) A meeting of the Ohio home inspector board;

(8) Use of technology as applied to the practice of home inspection;

(9) Personal safety for the home inspector and the consumer; and

(10) Continuing education course offerings approved by the Ohio home inspector board.

(D) The following offerings will not be considered by the Ohio home inspector board to meet continuing education requirements:

(1) Examination preparation courses;

(2) Sales promotion or meetings held in conjunction with the general business of the attendee or the attendee's business associates;

(3) Meetings which are a normal part of in-house staff training; or

(4) That portion of any offering devoted to meals or other refreshment.

(E) Continuing education instruction obtained in excess of forty-two classroom hours during the three-year reporting period may not be used to meet the requirements for any future reporting period.

(F) No licensed home inspector shall receive credit for more than eight classroom hours of continuing education instruction in any one calendar day unless the continuing education instruction is online education as defined in paragraph (A) of rule 1301:17-1-11 of the Administrative Code.

(G) A licensed home inspector may not receive credit for duplicate hours of continuing education completed during the term of the license being renewed.

(H) Except as provided in this paragraph, courses completed prior to being approved by the superintendent do not qualify for continuing education credit. Licensed home inspectors may receive credit for a course that has not been previously approved by the board or the superintendent only when the licensed home inspector:

(1) Submits the course for credit within the same continuing education reporting period in which the course was taken;

(2) Submits proof the course is approved by a state home inspector regulatory agency or submits proof the course satisfies the requirements found in paragraph (A) of rule 1301:17-1-11 of the Administrative Code, if the course is offered in an online setting; and

(3) Submits an education compliance form, the course syllabus, course attendance certificate along with the nonrefundable application fee as specified in rule 1301:17-1-03 of the Administrative Code.

(I) Up to fifty per cent of a licensee's continuing education requirement within a continuing education cycle may be granted for participation, other than as a student in home inspection education processes and programs. Activities for which credit may be granted are teaching, program development, authorship of textbooks or similar activities that are determined to be equivalent to obtaining continuing education. Credit for instructing any given course or seminar can only be awarded once during a continuing education cycle.

(J) Any licensed home inspector returning from active military duty may receive an extension to complete continuing education requirements pursuant to section 5903.12 of the Revised Code, and any former home inspector licensee or the former licensee's spouse may renew an expired home inspector license pursuant to section 5903.10 of the Revised Code.

(K) Any licensed home inspector impacted by a state or federally declared disaster that occurs within ninety days prior to the end of the continuing education cycle may remain in active status for a period of up to ninety days after the end of the continuing education cycle, pending the completion of all applications and continuing education requirements.

Last updated May 31, 2023 at 8:35 AM

Supplemental Information

Authorized By: Ohio Revised Code Section 4764.05(A)
Amplifies: Ohio Revised Code Sections 4764.08 & 4764.09
Five Year Review Date: 3/31/2028

Rule 1301:17-1-11 | Continuing education approvals for education providers.

• Effective: June 24, 2024
• Promulgated Under: 119.03

(A) Continuing education for licensed home inspectors shall be offered in a classroom setting or in an online setting. For purposes of this rule, the term "online" education means any education process based on geographical separation of student and instructor. Components of online education includes synchronous, asynchronous and hybrid.

In synchronous education offerings, the instructor and students interact simultaneously online, similar to a phone call, video chat or live webinar, or web-based meeting. Synchronous courses provide for instruction and interaction substantially the same as an on-site classroom setting. Synchronous online courses and classroom courses meet class hour requirements if the course meets the requirements found in paragraph (E) of this rule.

In asynchronous education offerings, the instructor and student are non-simultaneous; the students progress at their own pace and follow a structured course content and schedule. Asynchronous courses meet the class hour requirements if the course meets the requirements found in paragraphs (B) and (E) of this rule.

Hybrid courses, also known as blended courses, are learning environments that allow for both in-person and online (synchronous or asynchronous) interaction. In-person course settings, synchronous sessions, and asynchronous sessions for hybrid courses are acceptable provided the requirements found in paragraph (E) of this rule are satisfied. Asynchronous sessions for hybrid courses are acceptable provided the requirements found in paragraph (B) of this rule are satisfied.

(B) An asynchronous educational offering or course is acceptable to meet class hour requirements if all of the following are satisfied:

(1) The course provides interaction. Interaction is a shared environment where the student has verbal or written communication with the instructor;

(2) The course content is approved by the superintendent or the home inspector board or is offered by a community or junior college or a college or university that is a degree-granting institution accredited by the commission on colleges, a regional or national accreditation association or accrediting agency recognized by the U.S. secretary of education; and

(3) The course receives course delivery mechanism approval from the international distance education certification center (IDECC) or is part of an approved curriculum under paragraph (C)(2) of this rule at an institution of higher education that awards academic credit for the online course. A course that fails to maintain approval from IDECC no longer meets the requirements of this rule as of the date the approval is withdrawn by IDECC.

(C) An applicant for continuing education course approval shall submit to the division of real estate and professional licensing for approval of home inspector continuing education courses on a form prescribed by the superintendent along with the nonrefundable fee as specified in rule 1301:17-1-03 of the Administrative Code. The application form and fee must be submitted to the division at least thirty days prior to the proposed initial date of the course offering. Upon notice from the superintendent that an application is incomplete or incorrect as filed, the applicant shall, within thirty days of the date of the last such notice, submit to the division the additional requested information or the corrected application. Failure to timely submit the additional requested information or the corrected application shall constitute just cause for the superintendent to void the application.

(D) Continuing education approved for this rule shall be valid for three years from the date of issuance by the superintendent provided the superintendent approves any substantial changes made to the course, and the education provider and its instructors comply with the requirements of this rule and Chapter 4764. of the Revised Code. Changes to the course instructor or to the course syllabus, description or content consisting of more than one-third of the course hours shall be considered a substantial change. Each education provider of approved continuing education shall file an application with the division at least ten days in advance of any substantial changes to a course.

(E) Criteria for approval of offerings and instructors.

(1) For this rule, "classroom hours" shall mean the amount of time necessary to complete the course, without interruption. One classroom hour consists of fifty minutes of instruction out of a sixty-minute segment.

(2) Instructors who present a continuing education course, shall submit documentation to the division through a form prescribed by the superintendent demonstrating the instructor meets at least one of the following qualifications:

(a) Possession of a bachelor's degree or higher in a related field to that which the person is to teach, from a school listed as an institution of higher learning by the United States department of education, or from a comparable school of a foreign country;

(b) Possession of a valid teaching credential or certificate from Ohio or another state authorizing the holder to teach in the field of instruction which the person is to teach;

(c) Five years full-time experience in a profession, trade, or technical occupation in the applicable field; or

(d) Any combination of at least five years of full-time experience relevant to the applicable field and college level education.

(3) Acceptable education providers of home inspector continuing education include: a college or university that is a degree-granting institution accredited by the commission on colleges, a regional or national accreditation association or accrediting agency recognized by the U.S. secretary of education; a community or junior college; a proprietary school approved by the state board of career colleges and schools; or a home inspector professional organization. A home inspector professional organization consists of an organization that offers instruction in home inspector subjects found in paragraph (E)(6) of this rule; offers an organization designation to home inspectors upon the completion of home inspector education and experience; and has established a standard of practice and code of ethics for its organization members that is consistent with the board's standard of practice and code of ethics.

(4) Each continuing education course shall be open to all licensed home inspectors on an equal basis.

(5) An education provider may administer examinations in an online continuing education course for the purpose of verifying participation and evaluating the effectiveness of the online education course but passing a course examination shall not be a requirement for successful completion of a continuing home inspector education course.

(6) The superintendent may approve course offerings for continuing education which maintain and increase a licensed home inspector's skill, knowledge and competency in home inspecting and which fall within the following topics:

(a) Inspection safety;

(b) Report writing;

(c) Canons of ethics;

(d) Standard of practice;

(e) Systems and components as defined in the Ohio home inspector board's standards of practice;

(f) Environmental issues;

(g) A meeting of the Ohio home inspector board;

(h) Use of technology as applied to the practice of home inspection; and

(i) Personal safety for the home inspector and the consumer.

(7) Additional course offerings may be approved by the Ohio home inspector board.

(8) The following offerings will not be considered by the Ohio home inspector board to meet continuing education requirements:

(a) Examination preparation courses;

(b) Sales promotion or meetings held in conjunction with the general business of the attendee or the attendee's business associates;

(c) Meetings which are a normal part of in-house staff training; or

(d) That portion of any offering devoted to meals or other refreshment.

(F) The education provider must issue certificates to licensees using the correct course certification number provided by the division. Any certificate incorrectly issued must be reissued to the licensee within thirty days of receipt of notice of the defective certificate by the education provider using the valid certification number as assigned by the division.

(G) No approved education provider shall certify the attendance of a person who was not physically present during ninety-five per cent of the instruction time. All offerings must be successfully completed.

(H) Record keeping.

(1) Education providers shall maintain for four years from the date of the course a record of attendance of each person attending the course disclosing the following information:

(a) Ohio home inspector's board approval certification number;

(b) Name and business address of attendee;

(c) Course title, description of offering and name of course instructor;

(d) Classroom hours of attendance;

(e) Date of course offering; and

(f) Name, address, and signature of verifier in employ of the education provider.

(2) The education provider shall certify the items specified in paragraph (H)(1) of this rule on a certificate or transcript and furnish a copy to the attendee within twenty-four hours after successful completion of the continuing course offering.

(3) Each education provider shall submit to the division, in a format prescribed by the superintendent, within fifteen days after completion of each offering, a list of the licensed home inspectors who successfully completed the course. The list shall include the licensees' license numbers and names, the course certification number, the number of approved hours and the date the course was held.

(I) Denial or withdrawal of offering.

(1) The superintendent may deny or withdraw approval of the application for any proposed continuing education offering if the offering does not meet the requirements of Chapter 4764. of the Revised Code or of the standards or criteria prescribed in this rule.

(2) The superintendent may deny or withdraw the approval of a continuing education course instructor who was convicted of a disqualifying criminal offense found on the division's web site within the time period established in division (D)(2) of section 9.79 of the Revised Code, found to have provided false information to the division, , has been disciplined by the board for a violation of Chapter 4764. of the Revised Code or has been disciplined by any state licensing board.

(3) If the superintendent determines an initial offering, an offering previously approved, or an instructor previously approved does not meet or no longer meets prescribed standards set forth in this rule, then a written notice of the denial or withdrawal of approval will be given stating the reasons therefore. The notice of withdrawal of approval will be effective ten days from the date of the notice of withdrawal.

(4) A party served with the notice in paragraph (I)(3) of this rule may file, within thirty days of the date of the notice, a written request for hearing before the board. If a request for hearing is timely filed, a hearing before the board will be held at the board's next regularly scheduled meeting.

(J) The division shall keep a current list of approved home inspector continuing education courses which shall be available to the public.

(K) An education provider shall allow the division to audit a course approved pursuant to this rule and shall permit division investigators and auditors to audit, upon division request, an education provider's records related to that course during normal business hours. An education provider has a duty to ensure an approved course remains current with home inspector laws, rules and industry practice.

Last updated June 24, 2024 at 7:57 AM

Supplemental Information

Authorized By: 4764.05(A)
Amplifies: 4764.08, 4764.09
Five Year Review Date: 3/31/2028
Prior Effective Dates: 5/31/2023

Rule 1301:17-1-13 | Curriculum of experience.

• Effective: April 8, 2021
• Promulgated Under: 119.03

(A) Applicants seeking to satisfy division (D)(6)(a) of section 4764.07 of the Revised Code shall complete at least forty hours of work in the home inspection field and a peer review session in accordance with rule 1301:17-1-15 of the Administrative Code. The peer review session may be used to satisfy the required pre-licensing education consistent with rule 1301:17-1-07 of the Administrative Code. Work in the home inspection field may include work completed by the applicant within the home inspection field under the supervision of a licensed Ohio home inspector or through home inspection work completed by the applicant in interactive experience that is under the direction of a board-approved instructor who meets the requirements set forth in paragraph (E)(2) of rule 1301:17-1-11 of the Administrative Code. Any combination of hours may be used to satisfy the requirements of this rule. Interactive experience is defined as practical home inspector experiences offered in a simulated, interactive environment using various technologies.

(1) Applicants who complete work in the home inspection field shall certify under oath the number of hours the applicant claims to have completed within twelve months prior to the date of the application and shall provide a detailed listing of the home inspection field work for which experience is claimed. The listing must include at a minimum:

(a) Date of report;

(b) Date of inspection;

(c) Address of subject property;

(d) Description of the work completed;

(e) Number of hours claimed for each assignment;

(f) Name of the Ohio licensed home inspector supervising the applicant; and

(g) The signature of the applicant.

(2) Applicants who complete work in the home inspection field by interactive experience shall certify under oath the number of hours the applicant claims to have completed within twelve months prior to the date of the application and shall provide a detailed listing for which experience claimed. The listing must include at a minimum:

(a) Date experience was obtained;

(b) Name of the instructor;

(c) Number of hours claimed for each instructor; and

(d) The signature of the applicant.

(B) For purposes of this rule, the Ohio licensed home inspector must be approved by the Ohio home inspector board to conduct the peer review session, and the licensed home inspector must receive the board's approval prior to the submission of the license application to the division.

(C) For purposes of this rule, the acceptable hours of work in the home inspection field or through home inspection work completed in an interactive experience must be satisfied by obtaining practical experience or training in home inspection. Travel time to and from the property shall not be counted toward the forty-hour requirement in this rule.

(D) Upon the request of the superintendent or the board, all applicants attempting to satisfy this requirement must provide documentation in the form of reports, certifications, work files or other evidence to support the experience claimed.

(E) Upon notice from the division of real estate and professional licensing that an application is incomplete or incorrect as filed, the applicant shall, within thirty days of the date of the last such notice, submit to the division the additional requested information or the corrected application. Failure to timely submit the additional requested information or the corrected application shall constitute just cause for the superintendent to void the application and impose a forfeiture of any application fee.

Last updated April 8, 2021 at 3:19 PM

Supplemental Information

Authorized By: 4764.05
Amplifies: 4764.07
Five Year Review Date: 10/31/2025

Rule 1301:17-1-14 | Parallel Inspection.

• Effective: April 8, 2021
• Promulgated Under: 119.03

(A) An acceptable parallel inspection in satisfaction of the requirement found in division (D)(6)(b) of section 4764.07 of the Revised Code shall consists of the following:

(1) An applicant for a home inspector license is supervised by an Ohio licensed home inspector while conducting a home inspection for the licensed home inspector's client.

(2) The home inspection must be an on-site inspection of a residential property.

(3) Following the inspection, the applicant produces a written home inspector report that is reviewed by the Ohio licensed home inspector.

(4) The licensed home inspector must review, analyze, correct if necessary and return the report to the applicant within ten calendar days of receipt of the applicant's report.

(5) The licensed home inspector must provide guidance to the applicant regarding the inspection process and the report writing process. Guidance includes instruction regarding the standards of practice and canons of ethics adopted by the Ohio home inspector board.

(6) The Ohio licensed home inspector may only supervise a maximum of two applicants who are, at the same time for the same property, inspecting and preparing a home inspection report for parallel inspection experience.

(B) An Ohio licensed home inspector supervising an applicant for this rule shall maintain an active Ohio home inspector license at the time of the parallel inspection occurs, and the Ohio licensed home inspector shall not be the subject to any home inspector discipline issued in the three years prior to the date of the parallel inspection.

(C) Satisfaction of this rule requires the completion of a parallel inspection affidavit signed by the applicant and by the Ohio licensed home inspector supervising the applicant. The affidavit shall also include a list of the properties inspected by the applicant. Upon request of the superintendent or the board, the applicant shall make available copies of reports, work files or other evidence to support the parallel inspection claimed.

(D) Upon notice from the division of real estate & professional licensing that an application is incomplete or incorrect as filed, the applicant shall, within thirty days of the date of the last such notice, submit to the division the additional requested information or the corrected application. Failure to timely submit the additional requested information or the corrected application shall constitute just cause for the superintendent to void the application and impose a forfeiture of any application fee.

Last updated April 8, 2021 at 3:19 PM

Supplemental Information

Authorized By: 4764.05
Amplifies: 4764.07
Five Year Review Date: 10/31/2025

Rule 1301:17-1-15 | Peer review.

• Effective: June 24, 2024
• Promulgated Under: 119.03

(A) Requirements for a home inspector peer review:

(1) A sponsoring home inspector organization selects a residential property, which is inspected by at least one active Ohio licensed home inspector in good standing for potential issues.

(2) A participant is given time to inspect the residential property as if the participant was performing home inspection services for a paying client.

(3) After conducting the inspection, the participant presents the inspection findings to a peer review panel consisting of two or more active Ohio licensed home inspectors or to a board approved instructor who meets the requirements set forth in paragraph (E)(2) of rule 1301:17-1-11 of the Administrative Code who will evaluate the participant's home inspection abilities.

(4) The participant should demonstrate sufficient technical knowledge about the property and be able to identify at least seventy per cent of the material defects with the property. For purposes of this rule, a material defect is defined as an observable specific issue with a system or component of a residential property that may have a significant, adverse impact on the value of the property, or that poses an unreasonable risk to people. Following a peer review, the participant may be required to successfully complete an examination administered by the sponsoring home inspector organization, but successful completion of a peer review course examination shall not be a requirement for this rule.

(5) Successful participants are awarded a certificate of completion by the sponsoring home inspector organization.

(6) A sponsoring home inspector organization for this rule can be any person who meets the requirements found in paragraph (E)(3) of rule 1301:17-1-11 of the Administrative Code or an active Ohio licensed home inspector with at least five years of experience in home inspection and in good standing with the Ohio division of real estate and professional licensing.

(B) All peer reviews conducted must comply with Chapter 4764. of the Revised Code and rules adopted thereunder.

Last updated June 24, 2024 at 7:57 AM

Supplemental Information

Authorized By: 4764.05(A)(15)
Amplifies: 4764.05(D), 4764.07(D)(6)
Five Year Review Date: 10/31/2025
Prior Effective Dates: 4/8/2021

Rule 1301:17-1-16 | Canons of ethics.

• Effective: June 24, 2024
• Promulgated Under: 119.03

(A) Article 1 - General standards.

(1) Licensees shall perform duties as a home inspector without bias to any of the parties to a real estate transaction and shall perform their duties as a home inspector with integrity to the public and to their clients.

(2) Licensee opinions about a property shall be based only on their education, experience, and honest convictions.

(3) Licensees shall not communicate inspection results in a home inspection report with intent to defraud or in a careless, misleading or negligent manner.

(4) Licensees shall disclose all known material facts by the licensee concerning a property.

(5) Licensees must not accept or perform home inspections that include the reporting of predetermined opinions or conclusions.

(6) For the protection of all parties, licensees shall enter into a written contract with clients prior to the rendering of any home inspection services expressing the agreement of the parties. Copies of all written agreements shall be provided by the licensee to the client within three business days from the date of the execution of the agreement by the client.

(7) Licensees must provide assistance wherever possible to the members of the Ohio home inspector board or to staff with the division of real estate and professional licensing regarding the enforcement of Chapter 4764. of the Revised Code and its corresponding rules.

(8) Licensees shall not represent a determination of compliance with Ohio residential, mechanical, plumbing, or electrical codes, specifically the existence of serious hazards as defined in rule 4101:8-2-01 of the Administrative Code. Licensees may recommend a client seek further evaluation and repair or remediation of suspected safety hazards by a certified or licensed professional. Such recommendations shall be in the home inspection report.

(9) Licensees shall not provide to their clients or their client's agents oral home inspection reports in lieu of written home inspection reports.

(10) Licensees may perform a limited scope home inspection for a client, which would include a licensee's inspection of one or more systems or components for a property but would not include a licensee's inspection of all systems or components for a property as found in rule 1301:17-1-17 of the Administrative Code, provided the scope of the licensee's home inspection is:

(a) In compliance with divisions (D)(3) and (D)(4) of section 4764.01 of the Revised Code;

(b) Clearly stated in the signed, written contract between the licensee and the client; and

(c) Clearly stated in the licensee's written home inspection report.

(B) Article 2 - Compensation.

(1) Licensees shall not inspect for compensation any property in which the licensee has any current or prospective interest in the property.

(2) Licensees shall not inspect for compensation any property in which the licensee has any current or prospective interest with any of the parties to the real estate transaction.

(3) Licensees shall not inspect any property under contingent arrangements whereby any compensation or future referrals are dependent on reported findings or on the sale of a property.

(4) Licensees shall not directly or indirectly compensate real estate licensees or other parties having a financial interest in closing or settlement of real estate transactions, for the referral of inspections or for inclusion on a list of recommended inspectors, preferred providers, or similar arrangements.

(5) Licensees shall not receive compensation for an inspection from more than one party unless prior written consent is provided by the client(s).

(6) Licensees shall not accept compensation, directly or indirectly, from parties other than the client for recommending contractors, services, or products to home inspection clients. Compensation received by a home inspector from the client for coordinating or arranging ancillary inspection services or subcontracted services in connection with a home inspection is not a violation of this paragraph.

(7) Licensees shall comply with division (A)(4) of section 4764.14 of the Revised Code regarding the repair, replacement, or upgrade, for compensation, a property's systems or components covered by the standards of practice.

(C) Article 3 - Confidentiality.

(1) Licensees shall not disclose inspection findings or client information without prior written client approval.

(2) Licensees may disclose inspection results or findings to the property's occupants or others present at the property only if the licensee's results or findings indicate imminent bodily harm or a significant danger to the property is present. Licensees may disclose inspection results or findings if compelled by a court order.

(3) Licensees must take reasonable steps to safeguard or protect confidential information from unauthorized individuals.

(D) Article 4 - Reports and contractual agreements.

(1) Every home inspection report prepared by a licensee shall include all information contained in division (D) of section 4764.01 of the Revised Code and all of the following:

(a) Ohio home inspector license number;

(b) The expiration date of the license;

(c) The date the home inspection occurred; and

(d) Address of the property.

(2) Every written home inspection contract shall include:

(a) The inspection fee;

(b) The address of the property;

(c) Client's name;

(d) Authorized recipient(s) of the report;

(e) Date of the inspection;

(f) Statement that the work to be performed is a home inspection as defined in division (C) of section 4764.01 of the Revised Code;

(g) Signatures of the licensee and client and date signed; and

(h) Statement that the report is prepared in accordance with Chapter 4764. of the Revised Code and rules adopted thereunder.

(3) A licensee must exercise due care to prevent the unauthorized use of the licensee's signature to a home inspection report.

(4) Licensees must not misrepresent or inaccurately report to the client or include in their corresponding reports the status of the licensee's Ohio home inspector license.

(5) A home inspection report by a licensee shall include a statement that addresses the scope of work performed by the licensee, such as any services or hazards excluded from the licensee's inspection.

(E) Article 5 - Advertising.

(1) Licensees must advertise or solicit home inspection assignments only in a manner that is true and accurate.

(2) Licensees shall only include a property in an advertisement for the licensee's home inspection services with the express, written consent of the property's current owner of record as recorded in the county recorder's records.

(3) Licensees shall not knowingly solicit a party or a party's agent that is contractually engaged in writing by another Ohio home inspector licensee for home inspection services.

(4) A licensee's failure to comply with any of the provisions for this rule shall constitute prima facie evidence of a violation of division (A)(9) of section 4764.14 of the Revised Code.

Last updated June 24, 2024 at 7:57 AM

Supplemental Information

Authorized By: 4764.05(A)
Amplifies: 4764.05
Five Year Review Date: 3/31/2028
Prior Effective Dates: 5/31/2023

Rule 1301:17-1-17 | Standards of practice.

• Effective: June 24, 2024
• Promulgated Under: 119.03

(A) These standards of practice apply to licensed Ohio home inspectors who are providing home inspections services pursuant to Chapter 4764. of the Revised Code.

(B) Ohio licensed home inspectors shall comply with all applicable Ohio laws and regulations.

(C) Licensees who perform home inspections are not required to identify or disclose a property's concealed conditions, latent defects, or cosmetic deficiencies that do not significantly affect a property's system or part of a system's performance for the system's intended purpose. A licensee's inspection is limited to a visual and not technically exhaustive examination of readily accessible components and systems as of the specific date and time the inspection occurred.

(D) Any licensee who elects to operate, inspect, or offer an opinion in a home inspection report regarding any of the items found in this rule that were excluded from the licensee's responsibility shall not do so in a careless or misleading manner.

(E) A licensee is not required to determine or offer an opinion about any of the following items in a home inspection report for a property inspected:

(1) The condition of a system or part of system installed in a property that is not readily accessible;

(2) The estimated remaining life of a system or part of a system;

(3) The adequacy or efficiency of a system or part of a system;

(4) The source or causes of conditions or deficiencies in the property;

(5) The estimated costs to correct deficiencies in the property;

(6) Forecasting future conditions about the property, including but not limited to, forecasting the failure of systems or parts of system in a property;

(7) The appropriateness or suitability of a property for any use other than for residential purposes;

(8) The compliance of a system or parts of a system in a property with past, present, or future requirements which include but are not limited to codes, regulations, laws, ordinances, builder specifications, installation and maintenance instructions, care or use guides;

(9) The marketability or market value of the property;

(10) The presence at the property of any animals, environmental hazards or substances that may be hazardous or harmful to any living being;

(11) The effectiveness or efficiency of any system installed at the property to control or remove any animals, environmental hazards, or substances from the property;

(12) The estimated operating cost of a system or parts of a system;

(13) The sound quality or acoustical properties of a system or parts of a system;

(14) Soil conditions relating to geotechnical or hydrologic specialties;

(15) Determine or report on materials, conditions, systems, or parts of systems subject to recall, litigation, or other adverse claims or conditions; or

(16) The legality of any contract or contract term pertaining to the property.

(F) A licensee shall not make a determination or offer an opinion regarding any of the items found in paragraph (E) of this rule if prohibited by law or regulation. A licensee shall clearly report in the inspection report those systems or parts of a system required to be inspected under these standards that were not operated or inspected and explain the reasons each was not operated or inspected.

(G) A licensee is not required to offer as part of a licensee's home inspection services any of the following:

(1) Performance of any acts or services contrary to law or government regulations;

(2) Performance of any other trade or professional services other than a home inspection;

(3) Evaluation of any other trade or professional services performed on the property by others; or

(4) Offer any warranties or guarantees regarding the property inspected.

(H) During the performance of a home inspection, a licensee is not required to operate any of the following:

(1) Any systems or parts of a system that cannot be operated by normal operating controls or are inoperable, disabled, shut-off, or otherwise where conditions prohibit;

(2) Any devices designed to protect systems or parts of a system from unsafe conditions including, but not limited to, automatic safety controls.

(I) A licensee is not required to enter during a home inspection any of the following:

(1) An area of the property that, in the licensee's judgment, is likely to be dangerous to the licensee or to other persons or is likely to cause damage to the property, its systems, or parts of its systems;

(2) Any property crawl space or attic that, in the licensee's determination, is not readily accessible.

(J) A licensee is not required to inspect during a home inspection any of the following:

(1) Any items underground on the property, including but not limited to, storage tanks, septic systems, underground piping and wells, whether abandoned or active;

(2) Any items that are not installed in the property;

(3) Any decorative items installed in the property;

(4) Any detached structures on the property other than garages or carports;

(5) Any common area property found in common areas for condominium or cooperative housing; or

(6) Every occurrence of multiple similar parts of a system; or

(7) Any outdoor cooking appliances.

(K) A licensee is not required to do any of the following:

(1) Perform any procedures, operations, or inspection at the property that is, in the licensee's judgment, likely to be dangerous to the licensee or to other persons or is likely to cause damage to the property, its systems, or parts of its systems;

(2) Move any items, including but not limited to, any personal property, including furniture, plants, soil, snow, or other debris;

(3) Take apart or dismantle any property systems or parts of a system, except as required in this rule;

(4) To adjust any devices, systems or parts of a property system, except as required by this rule;

(5) To ignite or extinguish any fires, pilot lights, burners or other open flames that require manual ignition on any fuel-burning appliances; or

(6) Probing any surfaces that could, in the licensee's professional opinion, be damaged or where no deterioration is visible or presumed to exist.

(L) A licensee shall inspect all readily accessible exterior areas of a property during a home inspection and report in the home inspection report the licensee's finding related to all of the following:

(1) Exterior wall coverings, flashing, and trim;

(2) Exterior doors;

(3) Attached and adjacent decks, balconies, stoops, steps, porches, and associated railings;

(4) Eaves, soffits, and fascia where accessible from the ground level;

(5) Vegetation, grading, surface drainage, and retaining walls that are likely to adversely affect the building; and

(6) Any adjacent or entryway walkways, patios, and driveways.

(M) A licensee is not required to inspect during an exterior home inspection or report in a home inspection report any of the following:

(1) Screening, shutters, awnings, or other similar seasonal accessories;

(2) Fences, boundary walls, or similar structures;

(3) Geological and soil conditions on the property;

(4) Any recreational facilities, including but not limited to, spas, saunas, steam baths, swimming pools or exercise, entertainment, playground, or other similar equipment;

(5) Outbuildings, other than garages and carports;

(6) Seawalls, break-walls, or docks; or

(7) Erosion control and earth stabilization measures.

(N) A licensee shall inspect all readily accessible structural system(s) and component(s) of a property during a home inspection and report in the home inspection report the licensee's findings related to all of the following:

(1) Crawl spaces or attics and the method the licensee used to inspect the crawl spaces or attics;

(2) Foundation;

(3) Floor structure;

(4) Wall structure;

(5) Ceiling structure; and

(6) Roof structure.

(O) A licensee is not required to inspect during a home inspection of the structural components of a property or report in a home inspection report any of the following:

(1) Engineering or architectural analysis;

(2) Offer an opinion about the adequacy of structural systems or parts of the system;

(3) Enter crawl space or attics that have less than twenty-four inches of vertical clearance or have a crawl space or attic access with an opening smaller than sixteen inches by twenty-four inches; or

(4) Navigate load-bearing systems or beams in the attic space of a property that are concealed by insulation or by other materials.

(P) A licensee shall inspect all readily accessible roofing system(s) and component(s) of a property during a home inspection and report in the home inspection report the licensee's findings related to all of the following:

(1) Roofing materials;

(2) Roof drainage system;

(3) Flashing;

(4) Skylights, chimneys, or any roof penetrations; and

(5) The method the licensee used to inspect the roof.

(Q) A licensee is not required to inspect during a home inspection or report in a home inspection report any of the following as it relates to a property's roof:

(1) Antennae;

(2) Interior vent systems, flues, or chimneys that are not readily accessible; and

(3) Any other installed accessories.

(R) A licensee shall inspect all readily accessible plumbing system(s) and component(s) of a property during a home inspection and report in the home inspection report the licensee's findings related to all of the following:

(1) Interior water supply and distribution systems, including any fixtures or faucets;

(2) Interior drain, waste, or venting system, including fixtures;

(3) Any water heating equipment, the approximate age of the water hearing equipment, and hot water supply systems;

(4) Vent systems, flues, or chimneys;

(5) Fuel storage or fuel distribution systems;

(6) Readily accessible sewage ejectors, sump pumps, or other related piping; and

(7) Report in the home inspection report the energy source(s) utilized and the location of main water and fuel shut-off valves.

(S) A licensee is not required to inspect during a home inspection or report in a home inspection report any of the following as it relates to a property's plumbing:

(1) Clothes washing machine connections;

(2) Interiors of vent systems, flues or chimneys that are not readily accessible;

(3) Wells, well pumps or other water storage related equipment;

(4) Water conditioning systems;

(5) Any solar, geothermal, and other renewable energy water heating systems;

(6) Manual or automatic fire extinguishing and sprinkler systems;

(7) Landscaping irrigation systems;

(8) Concealed or otherwise inaccessible sewage ejectors, sump pumps and septic or other sewage disposal system;

(9) Sewage disposal and water supply; whether the system is public or private, the quality of the water, including supply flow, pressure or quantity or the adequacy of combustion air components; and

(10) Licensees are also not required to fill shower pans or fixtures for the purpose of testing for water leaks.

(T) A licensee shall inspect all readily accessible electrical system(s) and component(s) of a property during a home inspection and report in the home inspection report the licensee's findings related to all of the following:

(1) Service drop;

(2) Service entrance conductors, cables, and raceways;

(3) Service equipment and main disconnects;

(4) Service grounding;

(5) Interior parts or components of service panels and subpanels;

(6) Conductors;

(7) Overcurrent protection devices;

(8) A representative sample of installed light fixtures, switches, and receptacles;

(9) Ground fault circuit interrupters and arc fault circuit interrupters; and

(10) Licensees shall report in the home inspection report the property's amperage rating service, the location of main disconnects and subpanels, the presence or absence of any smoke or carbon monoxide alarms, and the predominant branch circuit wiring method.

(U) A licensee is not required to inspect during a home inspection or report in a home inspection report any of the following as it relates to a property's electrical system:

(1) Remote control devices;

(2) Test smoke and carbon monoxide alarms, security systems and other signaling and warning devices;

(3) Low voltage wiring systems, components, or parts of a system;

(4) Ancillary wiring systems, components or parts of a system that are not a part of the primary electrical power distribution system;

(5) Solar, geothermal, wind, and other renewable energy systems;

(6) Licensees are not required to measure the amperage, voltage, or impedance or determine the age or type of smoke or carbon monoxide alarm;

(7) Test ground fault circuit interrupters (GFCI) or arc fault circuit interrupters (AFCI); or

(8) Test disconnects or breakers.

(V) A licensee shall inspect all readily accessible heating system(s) and component(s) of a property and observe operation during a home inspection and report in the home inspection report the licensee's findings related to all of the following:

(1) Installed heating equipment;

(2) Vent systems, flues, and chimneys;

(3) Distribution systems; and

(4) Report the energy source and the approximate age of the heating systems.

(W) A licensee is not required to inspect or operate during a home inspection or report in a home inspection report any of the following as it relates to a property's heating system:

(1) Interiors of vent or duct systems, flues and chimneys that are not readily accessible;

(2) Heat exchangers;

(3) Humidifiers, dehumidifiers, and condensation pumps;

(4) Electric air cleaning and sanitizing devices;

(5) Heating systems using ground-source, water-source, solar, and renewable energy technologies;

(6) Heat-recovery, zone control systems, and similar whole-house mechanical ventilation systems; or

(7) Comment or offer an opinion regarding the adequacy of the heat supply or materials, distribution balance or the adequacy of combustion air components,

(X) A licensee shall inspect all readily accessible air conditioning system(s) and component(s) of a property and observe operation during a home inspection and report in the home inspection report the licensee's findings related to all of the following:

(1) Central and permanently installed cooling equipment;

(2) Distribution systems; and

(3) Report the energy source(s) and the approximate age of the cooling systems.

(Y) A licensee is not required to inspect, report, or operate any of the following as it relates to a property's cooling system:

(1) Electric air cleaning and sanitizing devices;

(2) Cooling units that are not permanently installed or that are installed in windows;

(3) Cooling systems using ground-source, water-source, solar, and renewable energy technologies; or

(4) Adequacy of cooling supply, materials used and distribution balance.

(Z) A licensee shall inspect all readily accessible interior areas of a property during a home inspection and report in the home inspection report the licensee's findings related to all of the following:

(1) Walls, ceilings, and floors;

(2) Steps, stairways, and railings;

(3) Countertops and a representative sample of installed cabinets;

(4) A representative sample of doors and windows;

(5) Garage vehicle doors and garage vehicle door operations; and

(6) Appliances in the primary kitchen: refrigerator, range, range hood, oven, dishwasher, built-in microwave oven, and food waste grinder by using normal operating controls to activate the minimal function.

(AA) A licensee is not required to inspect during a home inspection or report in a home inspection report any of the following as it relates to a property's:

(1) Paint, wallpaper, and other finish treatments;

(2) Personal floor coverings;

(3) Window treatments;

(4) Coatings on and the hermetic seals between panes of window glass;

(5) Central vacuum systems;

(6) Shared or common recreational facilities;

(7) Household appliances not listed in paragraph (Z)(6) of the rule;

(8) Appliance thermostats including their calibration, adequacy of heating elements, self-cleaning oven cycles, indicator lights, door seals, timers, clocks, timing features, and other specialized features of the appliance; or

(9) The operation of every control and feature of an inspected appliance.

(BB) A licensee shall inspect all readily accessible insulation and ventilation of a property during a home inspection and report in the home inspection report the licensee's findings related to all of the following:

(1) Insulation in unfinished spaces or the absence of insulation in unfinished spaces at conditioned surfaces;

(2) Ventilation of attics and foundation areas;

(3) Exhaust systems found in the property, including but not limited to exhaust systems in the kitchen, bathroom or laundry room; and

(4) Clothes dryer exhaust systems.

(CC) The licensee is not required to disturb insulation or ventilation during a home inspection.

(DD) A licensee shall inspect all readily accessible parts of a fireplace or fuel-burning appliances in a property during a home inspection and report in the home inspection report the licensee's findings related to all of the following:

(1) Fuel-burning fireplaces, stoves, and fireplace inserts;

(2) Any fuel-burning accessories installed in fireplaces; and

(3) Chimneys, flues, and vent systems.

(EE) A licensee is not required to inspect during a home inspection or report in a home inspection report any of the following as it relates to a property's fireplace or fuel-burning appliances:

(1) Fire screens and doors;

(2) Seals and gaskets;

(3) Automatic fuel feed devices;

(4) Mantels and fireplace surrounds;

(5) Combustion air components in order to determine their adequacy;

(6) Heat distribution assistance items;

(7) Fuel-burning fireplaces or appliances located outside the inspected structures; or

(8) Determining draft characteristics.

Last updated June 24, 2024 at 7:57 AM

Supplemental Information

Authorized By: 4764.05(A)
Amplifies: 4764.05(A)
Five Year Review Date: 3/31/2028
Prior Effective Dates: 1/1/2021

Rule 1301:17-1-18 | Lending license.

• Effective: January 1, 2021
• Promulgated Under: 119.03

(A) No arrangement, direct or indirect, shall be entered into by any licensee whereby a licensee lends the licensee's name or license for the benefit of another licensee, an unlicensed person or any entity where the lender licensee is not a principal, member, employee or contractor.

(B) Evidence that a licensee has entered into an arrangement to lend the licensee's name or license under the provisions of this rule shall constitute prima facie evidence of a violation of division (I) of section 4764.14 of the Revised Code.

Supplemental Information

Authorized By: 4764.05(A)(1)
Amplifies: 4764.14(I)
Five Year Review Date: 10/31/2025

Rule 1301:17-1-19 | Stenographic record.

• Effective: January 1, 2021
• Promulgated Under: 119.03

For purposes of section 119.09 of the Revised Code and Chapter 4764. of the Revised Code, a stenographic record of an adjudication hearing before the Ohio division of real estate and professional licensing or home inspector board shall be provided by the division's use of audio or video teleconferencing electronic recording devices. Such recording shall serve as the official record of the proceeding and may serve as the basis for a transcript for furnishing to a court upon appellate review. A stenographic service other than the division's audio or video recording devices may be requested by one of the parties to the hearing. Advance written notice shall be provided to the division by the requesting party prior to the scheduled hearing date. All scheduling with the stenographic service shall be the responsibility of the party requesting the stenographic service. The testimony at the adjudication hearing shall be transcribed at the cost of the party requesting the stenographic service. Upon request, the stenographic service may provide a transcript of the adjudication hearing and the cost of the transcript shall be the responsibility of the party requesting the transcript. The division may use the transcript from the stenographic service as the official record of the proceeding.

Supplemental Information

Authorized By: 4764.05(A)(1), 119.03
Amplifies: 4764.05(A)(1)
Five Year Review Date: 10/31/2025

Rule 1301:17-1-20 | Informal mediation.

• Effective: January 1, 2021
• Promulgated Under: 119.03

(A) An informal mediation, in accordance with section 4764.12 of the Revised Code, may be held for the purpose of facilitating an accommodation between the complainant and licensee. Any party who participates in the informal mediation may be accompanied by legal counsel, whose role shall be limited to representing his/her client. "Mediation" is defined by division (A) in section 2710.01 of the Revised Code.

(B) Except as provided in Chapter 2710. of the Revised Code, nothing said or done during the informal mediation shall be disclosed by the mediator or division staff or be used as evidence in any subsequent hearing, investigation or other proceeding. The superintendent may decline to hold an informal mediation for good cause shown. Good cause includes, but is not limited to, a reasonable belief that one or more of the parties to the informal mediation has committed a crime or one or more of the parties to the informal mediation lack the ability to enter into a binding accommodation agreement.

(C) If an accommodation is reached at the informal mediation, the mediator shall prepare an accommodation agreement, which shall set forth all measures to be taken by the parties thereto, including provisions for affirmative and other relief. The accommodation agreement shall be signed by the persons to be bound by the agreement and the superintendent or the superintendent's designee.

(D) In accordance with division (B) of section 4764.12 of the Revised Code, the accommodation agreement shall be held in confidence by the superintendent, the mediator and other personnel of the department.

(E) If the superintendent finds the licensee has failed, without good cause shown, to comply with the terms set forth in the accommodation agreement the following shall apply:

(1) The accommodation agreement will be considered null and void;

(2) The superintendent may proceed with the formal investigation based on the original complaint; and

(3) The licensee's failure to comply with the accommodation agreement shall constitute prima facie evidence of a violation of division (I) of section 4764.14 of the Revised Code.

(F) The complaint file shall be closed if the superintendent finds:

(1) The complainant has failed, without good cause shown, to comply with the terms set forth in the accommodation agreement; and

(2) The licensee has made a good faith effort to comply with the terms set forth in the accommodation agreement.

(G) If an accommodation is reached at the informal mediation meeting and the terms of the accommodation agreement satisfied, the complaint file shall be closed. If an accommodation is not reached at the informal mediation meeting, an investigator shall proceed with an investigation as provided in section 4764.12 of the Revised Code.

Supplemental Information

Authorized By: 4764.05(A)(1)
Amplifies: 4764.12
Five Year Review Date: 10/31/2025

Rule 1301:17-1-21 | Disciplinary sanctions.

• Effective: January 1, 2021
• Promulgated Under: 119.03

(A) The home inspector board may include, at its sole discretion, any combination of sanctions in its order as found in division (A) of section 4764.13 of the Revised Code.

(B) Any final order of the home inspector board no longer subject to appeal may be publicly disseminated using any of the following methods:

(1) Publication in the division of real estate and professional licensing's newsletter;

(2) Press release(s);

(3) Any other method deemed appropriate by the home inspector board and/or the superintendent.

(C) In all cases except those qualifying under paragraph (D) of this rule, payment of any fine ordered by the board shall be received by the division of real estate and professional licensing within thirty days of the date of the board's finding and order.

(D) The superintendent may extend the payment of any fine as ordered by the board upon the request of the licensee for good cause shown. The terms of an extended payment period may also include a schedule for specified interim payments.

(E) Any fine or payment not received by the division as specified in the home inspector board's order or pursuant to paragraph (D) of this rule shall result in the automatic suspension of the licensee's home inspector's license.

(F) Reactivation of a license suspended pursuant to paragraph (E) of this rule shall be automatic only when payment in full of all fines imposed upon the licensee is received by the division of real estate and professional licensing.

(G) When the home inspector board imposes additional education as a sanction for a violation of any provision of Chapter 4764. of the Revised Code, the completion of the course(s) by the licensee shall be subject to the following conditions:

(1) The board's order imposing the additional education sanction shall specify the specific course content, the number of hours to be completed, date by which the course(s) is to be completed, and the method by which satisfaction of the order is to be reported to the division of real estate & professional licensing;

(2) No additional education ordered by the board as a sanction for violation of any provision of Chapter 4764. of the Revised Code shall be credited towards the licensee's continuing education requirements;

(3) Only education pre-approved by the division of real estate and professional licensing shall be accepted for purposes of fulfilling additional education sanctions as order by the board;

(4) Any licensee ordered to complete additional education as a sanction, may in advance of completing such course work, request written verification from the division of real estate and professional licensing that the proposed course(s) will satisfy the criteria set forth in the home inspector's order;

(5) The superintendent shall have the discretion to extend the period of time for completion and/or modify the course(s) content parameters of the home inspector board's order upon good cause shown;

(6) Any additional education not satisfactorily completed and reported to the division of real estate and professional licensing, as specified in the home inspector board's order or pursuant to paragraph (G)(5) of this rule, shall result in the automatic suspension of the licensee's home inspector license.

(H) Reactivation of a license suspended pursuant to paragraph (G)(6) of this rule shall be automatic only when proof of completion of the board-ordered additional education is submitted, reviewed and approved by the division.

Supplemental Information

Authorized By: 4764.05(A)(1)
Amplifies: 4764.12
Five Year Review Date: 10/31/2025

Rule 1301:17-1-22 | Settlement agreement.

• Effective: January 1, 2021
• Promulgated Under: 119.03

(A) Any licensee who has been notified by the superintendent of a hearing to be held by a hearing examiner pursuant to Chapter 119. of the Revised Code for the purpose of determining whether a violation of section 4764.14 of the Revised Code occurred may enter into a settlement agreement with the superintendent.

(B) The settlement agreement shall contain the following information:

(1) A description of the conduct which the superintendent alleges the licensee committed;

(2) An admission by the licensee that the licensee engaged in such conduct;

(3) An acknowledgement by the licensee that such conduct admitted to constitutes a violation of section 4764.14 of the Revised Code;

(4) A waiver by the licensee to an administrative hearing pursuant to Chapter 119. of the Revised Code;

(5) An acknowledgement by the licensee that the licensee had the opportunity to review the settlement agreement with the licensee's legal counsel;

(6) A sanction, if any, which the superintendent believes should be imposed on the licensee for the admitted violations of section 4764.14 of the Revised Code. Any education course work imposed shall not count toward the licensee's continuing education requirement;

(7) An acknowledgement by the parties that the settlement agreement, if accepted, will become a final order;

(8) A waiver by the licensee of all appeals pursuant to section 119.12 of the Revised Code and any right of reconsideration; and

(9) Any other provision which the superintendent deems to be appropriate.

(C) If a settlement agreement is entered, the formal hearing shall be cancelled.

(D) The superintendent shall not enter into any settlement agreements with a licensee if the superintendent knows it is not the licensee's free and voluntary act to enter into such an agreement.

(E) During the course of an investigation, a licensee may voluntarily surrender the license provided the licensee affirms under oath that the licensee will cease and desist all activity for which a license is required, and that the licensee will not apply for an Ohio home inspector license in the future.

Supplemental Information

Authorized By: 4764.05(A)(11)
Amplifies: 4764.12
Five Year Review Date: 10/31/2025