| HB 152 - Home inspectors; licensing and regulation |
First Reader Summary
A BILL to amend Chapter 3 of Title 8 of the Official Code of
Georgia Annotated, relating to housing generally, so as to repeal
Article 6 of said chapter, relating to documentation by home
inspectors; to amend Chapter 14 of Title 43 of the Official Code
of Georgia Annotated, relating to electrical contractors,
plumbers, conditioned air contractors, low-voltage contractors,
and utility contractors, so as to provide for the licensing and
regulation of home inspectors; and for other purposes.
| House |
Action |
Senate |
| 1/25/99 |
Read 1st Time |
|
| 1/26/99 |
Read 2nd Time |
|
HB 152 LC 27 0673
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 3 of Title 8 of the Official Code of
1- 2 Georgia Annotated, relating to housing generally, so as to
1- 3 repeal Article 6 of said chapter, relating to documentation
1- 4 by home inspectors; to amend Chapter 14 of Title 43 of the
1- 5 Official Code of Georgia Annotated, relating to electrical
1- 6 contractors, plumbers, conditioned air contractors,
1- 7 low-voltage contractors, and utility contractors, so as to
1- 8 provide for the licensing and regulation of home inspectors;
1- 9 to provide for legislative purpose; to provide for
1-10 definitions; to provide an exception; to provide for an
1-11 additional Division of Home Inspectors within the State
1-12 Construction Industry Licensing Board; to change certain
1-13 provisions relating to the composition, organization,
1-14 officers, and powers of said board; to change certain
1-15 provisions relating to powers and duties of the divisions of
1-16 said board; to provide for license application, examination,
1-17 issuance, and renewal; to provide for certain notifications;
1-18 to require licensed home inspectors to have certain
1-19 insurance in effect and to provide certain information in
1-20 connection with home inspections; to change certain
1-21 provisions relating to applicability and exceptions; to
1-22 provide for related matters; to provide for an effective
1-23 date; to repeal conflicting laws; and for other purposes.
1-24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-25 SECTION 1.
1-26 Chapter 3 of Title 8 of the Official Code of Georgia
1-27 Annotated, relating to housing generally, is amended by
1-28 striking in its entirety Article 6, which reads as follows:
1-29 8-3-330.
1-30 As used in this article, the term 'home inspector' means
1-31 any person, except an employee of a county, municipality,
1-32 or political subdivision while engaged in the performance
1-33 of the duties of his or her employment, who, for
-1-
2- 1 consideration, inspects and reports on the condition of
2- 2 any home or single-family dwelling or the grounds, roof,
2- 3 exterior surface, garage or carport, structure, attic,
2- 4 basement or crawl space, electrical system, heating
2- 5 system, air-conditioning system, plumbing, on-site
2- 6 sewerage disposal, pool or hot tub, fireplace, kitchen,
2- 7 appliances, or any combination thereof for a prospective
2- 8 purchaser or seller.
2- 9 8-3-331.
2-10 Every home inspector shall provide to the person on whose
2-11 behalf a home or single-family dwelling is being inspected
2-12 a written document specifying:
2-13 (1) The scope of the inspection, including those
2-14 structural elements, systems, and subsystems to be
2-15 inspected;
2-16 (2) That the inspection is a visual inspection; and
2-17 (3) That the home inspector will notify in writing the
2-18 person on whose behalf such inspection is being made of
2-19 any defects noted during the inspection, along with any
2-20 recommendation that certain experts be retained to
2-21 determine the extent and corrective action necessary for
2-22 such defects.
2-23 8-3-331.1.
2-24 Nothing in this article shall preempt a political
2-25 subdivision from prescribing licensing requirements for
2-26 home inspectors.
2-27 8-3-332.
2-28 Any person violating any of the provisions of this article
2-29 shall be guilty of a misdemeanor.",
2-30 and inserting in lieu thereof the following:
2-31 SECTION 2.
2-32 Chapter 14 of Title 43 of the Official Code of Georgia
2-33 Annotated, relating to electrical contractors, plumbers,
2-34 conditioned air contractors, low-voltage contractors, and
2-35 utility contractors, is amended by striking Code Section
2-36 43-14-1, relating to the declaration of legislative purpose,
-2-
3- 1 and inserting in lieu thereof a new Code Section 43-14-1 to
3- 2 read as follows:
3- 3 "43-14-1.
3- 4 This chapter is enacted for the purpose of safeguarding
3- 5 homeowners, other property owners, tenants, and the
3- 6 general public against faulty, inadequate, inefficient, or
3- 7 unsafe electrical, plumbing, low-voltage wiring, utility
3- 8 contracting, or conditioned air installations and faulty
3- 9 or inadequate home inspections. The practice of electrical
3-10 contracting, plumbing contracting, installing, or
3-11 repairing, low-voltage contracting, utility contracting,
3-12 and conditioned air contracting, and home inspecting are
3-13 declared to be businesses or professions affecting the
3-14 public interest; and this chapter shall be liberally
3-15 construed so as to accomplish the purposes stated in this
3-16 Code section."
3-17 SECTION 3.
3-18 Said chapter is further amended in Code Section 43-14-2,
3-19 relating to definitions, by adding new paragraphs (8.2) and
3-20 (8.3) to read as follows:
3-21 "(8.2) 'Home inspecting' means inspecting and reporting
3-22 on the condition of any home or single-family dwelling
3-23 on the grounds, roof, exterior surface, garage or
3-24 carport structure, attic, basement or crawl space,
3-25 electrical system, heating system, air-conditioning
3-26 system, plumbing, on-site sewerage disposal, pool or hot
3-27 tub, fireplace, kitchen, appliances, or any combination
3-28 thereof for a prospective purchaser or seller.
3-29 (8.3) 'Home inspector' means an individual who is
3-30 engaged in home inspecting under express or implied
3-31 contract or who bids for, offers to perform, purports to
3-32 have the capacity to perform, or does perform home
3-33 inspecting under express or implied contract. An
3-34 employee of a home inspector who receives only a salary
3-35 or hourly wage for performing home inspecting shall not
3-36 be required to be licensed under this chapter, except
3-37 that those employees upon whom the qualification of a
3-38 partnership or corporation rests pursuant to Code
3-39 Section 43-14-8.5 shall be licensed."
3-40 SECTION 4.
3-41 Said chapter is further amended by striking in their
3-42 entirety subsections (b) and (c) of Code Section 43-14-3,
-3-
4- 1 relating to the creation of the State Construction Industry
4- 2 Licensing Board, and inserting in lieu thereof new
4- 3 subsections (b) and (c) to read as follows:
4- 4 "(b) The board shall be composed of 27 32 members as
4- 5 follows:
4- 6 (1) Five members known as the Division of Electrical
4- 7 Contractors, one of whom shall be a consulting engineer
4- 8 engaged in electrical practice, another of whom shall be
4- 9 the chief electrical inspector of a county or
4-10 municipality and shall have served in such office for
4-11 five years immediately preceding appointment to the
4-12 board, and the remaining three of whom shall be engaged
4-13 in the electrical contracting business;
4-14 (2) Five members known as the Division of Master
4-15 Plumbers and Journeyman Plumbers, one of whom shall be a
4-16 full-time plumbing inspector of a county or
4-17 municipality, three of whom shall be master or
4-18 contracting plumbers, and one of whom shall be a
4-19 journeyman plumber;
4-20 (3) Five members known as the Division of Conditioned
4-21 Air Contractors, one of whom shall be a licensed
4-22 professional engineer engaged in mechanical practice,
4-23 one of whom shall be the chief conditioned air inspector
4-24 of a county or municipality, and three of whom shall be
4-25 conditioned air contractors with more than five years of
4-26 installation and service experience in the trade;
4-27 (4) Five members known as the Division of Low-voltage
4-28 Contractors, one of whom shall be an alarm system
4-29 low-voltage contractor, one of whom shall be an
4-30 unrestricted low-voltage contractor, one of whom shall
4-31 be a telecommunication system low-voltage contractor,
4-32 one of whom shall be a professional electrical engineer,
4-33 and one of whom shall be the chief electrical inspector
4-34 of a county or municipality;
4-35 (5) Five members known as the Division of Utility
4-36 Contractors, three of whom shall be utility contractors,
4-37 one of whom shall be a registered professional engineer,
4-38 and one of whom shall be an insurance company
4-39 representative engaged primarily in the bonding of
4-40 construction projects; and
4-41 (6) Five members known as the Division of Home
4-42 Inspectors, three of whom shall be home inspectors, one
-4-
5- 1 of whom shall be a professional engineer, and one of
5- 2 whom shall be the chief building inspector of a county
5- 3 or municipality; and
5- 4 (6)(7) Two members who shall not have any connection
5- 5 with the electrical contracting, plumbing, or
5- 6 conditioned air contracting businesses whatsoever but
5- 7 who shall have a recognized interest in consumer affairs
5- 8 and consumer protection concerns.
5- 9 (c) All members shall be appointed by the Governor,
5-10 subject to confirmation by the Senate, for four-year
5-11 terms."
5-12 SECTION 5.
5-13 Said chapter is further amended by striking subsection (a)
5-14 of Code Section 43-14-4, relating to the election of a
5-15 chairperson of the State Construction Industry Licensing
5-16 Board, and inserting in lieu thereof a new subsection (a) to
5-17 read as follows:
5-18 "(a) The office of chairperson shall be rotated among the
5-19 five six divisions enumerated in Code Section 43-14-3
5-20 unless the board, through its rules and regulations,
5-21 provides otherwise. Any vacancy in the office of
5-22 chairperson shall be filled by the members for the
5-23 unexpired term. The person selected to fill the vacancy
5-24 shall be a member of the same division as the previous
5-25 chairperson."
5-26 SECTION 6.
5-27 Said chapter is further amended by striking Code Section
5-28 43-14-5, relating to the powers of the State Construction
5-29 Industry Licensing Board, and inserting in lieu thereof a
5-30 new Code Section 43-14-5 to read as follows:
5-31 "43-14-5.
5-32 The board shall have the power to:
5-33 (1) Request from the various state departments and other
5-34 agencies and authorities of the state and its political
5-35 subdivisions and their agencies and authorities such
5-36 available information as it may require in its work; and
5-37 all such agencies and authorities shall furnish such
5-38 requested available information to the board within a
5-39 reasonable time;
-5-
6- 1 (2) Provide by regulation for reciprocity with other
6- 2 states in the registration and licensing of electrical
6- 3 contractors, master plumbers, journeyman plumbers,
6- 4 low-voltage contractors, utility contractors, home
6- 5 inspectors, or conditioned air contractors and in the
6- 6 certification of utility contracting foremen, provided
6- 7 that such other states have requirements substantially
6- 8 equal to the requirements in force in this state for
6- 9 registration, licensure, and certification; provided,
6-10 further, that a similar privilege is offered to
6-11 residents of this state;
6-12 (3) Adopt an official seal for its use and change it at
6-13 pleasure;
6-14 (4) Establish the policies for regulating the businesses
6-15 of electrical contracting, plumbing, low-voltage,
6-16 utility, home inspecting and conditioned air
6-17 contracting;
6-18 (5) Determine qualifications for licensure or
6-19 certification including such experience requirements as
6-20 the board deems necessary; and
6-21 (6) Promulgate and adopt rules and regulations necessary
6-22 to carry out this chapter."
6-23 SECTION 7.
6-24 Said chapter is further amended by striking subsection (a)
6-25 of Code Section 43-14-6, relating to the duties of the
6-26 various divisions of the board, and inserting in lieu
6-27 thereof a new subsection (a) to read as follows:
6-28 "(a) The Division of Electrical Contractors, with respect
6-29 to applicants for a license to engage in or licensees
6-30 engaging in the business of electrical contracting; the
6-31 Division of Master Plumbers and Journeyman Plumbers, with
6-32 respect to applicants for a license to engage in or
6-33 licensees engaging in the business of plumbing as master
6-34 plumbers or journeyman plumbers; the Division of
6-35 Low-voltage Contractors, with respect to applicants for a
6-36 license to engage in or licensees engaging in the business
6-37 of low-voltage contracting; the Division of Utility
6-38 Contractors with respect to applicants for a license to
6-39 engage in or licensees engaging in the business of utility
6-40 contracting and with respect to applicants for a
6-41 certificate to be a utility manager or utility foreman or
6-42 holders of a utility manager or utility foreman
-6-
7- 1 certificate; and the Division of Conditioned Air
7- 2 Contractors, with respect to applicants for a license to
7- 3 engage in or licensees engaging in the business of
7- 4 conditioned air contracting; and the Division of Home
7- 5 Inspectors, with respect to applicants for a license to
7- 6 engage in or licensees engaging in the business of home
7- 7 inspecting, shall:
7- 8 (1) Approve examinations for all applicants for licenses
7- 9 or certificates, except for utility contractor licenses
7-10 and utility foreman certificates. The Division of
7-11 Electrical Contractors shall approve separate
7-12 examinations for Class I and Class II licenses. Class I
7-13 licenses shall be restricted to electrical contracting
7-14 involving single-phase electrical installations which do
7-15 not exceed 200 amperes at the service drop or the
7-16 service lateral, and Class II licenses shall be
7-17 unrestricted. The Division of Master Plumbers and
7-18 Journeyman Plumbers shall approve separate examinations
7-19 for Master Plumber Class I, Master Plumber Class II, and
7-20 Journeyman Plumbers. Master Plumber Class I licenses
7-21 shall be restricted to plumbing involving single-family
7-22 dwellings and one-level dwellings designed for not more
7-23 than two families and commercial structures not to
7-24 exceed 10,000 square feet in area. Master Plumber Class
7-25 II licenses shall be unrestricted. The Division of
7-26 Conditioned Air Contractors shall approve separate
7-27 examinations for Class I and Class II licenses. Class I
7-28 licenses shall be restricted to the installation,
7-29 repair, or service of conditioned air systems or
7-30 equipment not exceeding 175,000 BTU (net) of heating and
7-31 five tons (60,000 BTU) of cooling. Class II licenses
7-32 shall be unrestricted. The Division of Low-voltage
7-33 Contractors shall approve separate examinations for
7-34 Low-voltage Contractor Class LV-A, Low-voltage
7-35 Contractor Class LV-T, Low-voltage Contractor Class
7-36 LV-U, and Low-voltage Contractor Class LV-G. Class LV-A
7-37 licenses shall be restricted to alarm and general system
7-38 low-voltage contracting, Class LV-T licenses shall be
7-39 restricted to telecommunication and general system
7-40 low-voltage contracting, Class LV-G licenses shall be
7-41 restricted to general system low-voltage contracting,
7-42 and Class LV-U licenses shall be unrestricted and permit
7-43 the performance of alarm, telecommunication, and general
7-44 system low-voltage contracting. The Division of Home
7-45 Inspectors shall approve separate examinations for Home
-7-
8- 1 Inspector Class SBC and Home Inspector Class CABO
8- 2 licenses;
8- 3 (2) Register and license or grant a certificate and
8- 4 issue renewal licenses and renewal certificates
8- 5 biennially to all persons meeting the qualifications for
8- 6 a license or certificate. The following licenses or
8- 7 certificates shall be issued by the divisions:
8- 8 (A) Electrical Contractor Class I;
8- 9 (B) Electrical Contractor Class II;
8-10 (C) Master Plumber Class I;
8-11 (D) Master Plumber Class II;
8-12 (E) Journeyman Plumber;
8-13 (F) Conditioned Air Contractor Class I;
8-14 (G) Conditioned Air Contractor Class II;
8-15 (H) Low-voltage Contractor Class LV-A;
8-16 (I) Low-voltage Contractor Class LV-T;
8-17 (J) Low-voltage Contractor Class LV-G;
8-18 (K) Low-voltage Contractor Class LV-U;
8-19 (L) Utility Contractor; Class A;
8-20 (M) Utility Contractor; Class B;
8-21 (N) Utility Contractor; Class U;
8-22 (O) Utility Manager (certificate); and
8-23 (P) Utility Foreman (certificate);
8-24 (Q) Home Inspector Class SBC; and
8-25 (R) Home Inspector Class CABO;
8-26 (3) Investigate, with the aid of the joint-secretary,
8-27 alleged violations of this chapter or other laws and
8-28 rules and regulations of the board relating to the
8-29 profession;
8-30 (4) After notice and hearing, have the power to
8-31 reprimand any person, licensee, or certificate holder,
8-32 or to suspend, revoke, or cancel the license or
8-33 certificate of or refuse to grant, renew, or restore a
8-34 license or certificate to any person, licensee, or
-8-
9- 1 certificate holder upon any one of the following
9- 2 grounds:
9- 3 (A) The commission of any false, fraudulent, or
9- 4 deceitful act or the use of any forged, false, or
9- 5 fraudulent document in connection with the license or
9- 6 certificate requirements of this chapter or the rules
9- 7 and regulations of the board;
9- 8 (B) Failure at any time to comply with the
9- 9 requirements for a license or certificate under this
9-10 chapter or the rules and regulations of the board;
9-11 (C) Habitual intemperance in the use of alcoholic
9-12 spirits, narcotics, or stimulants to such an extent as
9-13 to render the license or certificate holder unsafe or
9-14 unfit to practice any profession licensed or certified
9-15 under this chapter;
9-16 (D) Engaging in any dishonorable or unethical conduct
9-17 likely to deceive, defraud, or harm the public;
9-18 (E) Knowingly performing any act which in any way
9-19 assists an unlicensed or noncertified person to
9-20 practice such profession;
9-21 (F) Violating, directly or indirectly, or assisting in
9-22 or abetting any violation of any provision of this
9-23 chapter or any rule or regulation of the board;
9-24 (G) The performance of any faulty, inadequate,
9-25 inefficient, or unsafe electrical, plumbing,
9-26 low-voltage contracting, utility contracting, home
9-27 inspecting, or conditioned air work likely to endanger
9-28 life, health, or property. The performance of any
9-29 work that does not comply with the standards set by
9-30 state codes or by local codes in jurisdictions where
9-31 such codes are adopted, provided that such local codes
9-32 are as stringent as the state codes, or by other codes
9-33 or regulations which have been adopted by the board,
9-34 shall be prima-facie evidence of the faulty,
9-35 inadequate, inefficient, or unsafe character of such
9-36 electrical, plumbing, low-voltage contracting, utility
9-37 contracting, home inspecting, or conditioned air work;
9-38 provided, however, that the board, in its sole
9-39 discretion, for good cause shown and under such
9-40 conditions as it may prescribe, may restore a license
9-41 to any person whose license has been suspended or
9-42 revoked;
-9-
10- 1 (H) With respect to utility contractors, the bidding
10- 2 by such a utility contractor in excess of license
10- 3 coverage; or
10- 4 (I) With respect to utility contractors, violations of
10- 5 Chapter 9 of Title 25;
10- 6 (5) Review amendments to or revisions in the state
10- 7 minimum standard codes as prepared pursuant to Part 1 of
10- 8 Article 1 of Chapter 2 of Title 8; and the Department of
10- 9 Community Affairs shall be required to provide to the
10-10 joint-secretary a copy of any amendment to or revision
10-11 in the state minimum standard codes at least 45 days
10-12 prior to the adoption thereof; and
10-13 (6) Do all other things necessary and proper to exercise
10-14 their powers and perform their duties in accordance with
10-15 this chapter."
10-16 SECTION 8.
10-17 Said chapter is further amended by adding immediately
10-18 following Code Section 43-14-8.4, relating to the
10-19 certification of utility contracting foremen, a new Code
10-20 section, to be designated Code Section 43-14-8.5, to read as
10-21 follows:
10-22 "43-14-8.5.
10-23 (a) For purposes of this Code section only, 'division'
10-24 means the 'Division of Home Inspectors.'
10-25 (b) On and after one year from the date that this Code
10-26 section becomes effective, no person shall engage in home
10-27 inspecting unless such person has a valid license therefor
10-28 from the Division of Home Inspectors.
10-29 (c) Any person desiring to qualify under the provisions of
10-30 this Code section who meets the requirements of this Code
10-31 section, submits proper application to the board,
10-32 satisfactorily completes the examination required by this
10-33 chapter, and pays or has paid the required fees and is not
10-34 otherwise in violation of this chapter shall be issued a
10-35 state-wide Home Inspector license. Those applicants whom
10-36 the division finds competent with respect to the Standard
10-37 Building Code (SBCCI) shall be issued a statewide Home
10-38 Inspector Class SBC license. Those applicants whom the
10-39 division finds competent with respect to the Council of
10-40 American Building Officials One- and Two-Family Dwelling
-10-
11- 1 Code, excluding Part V-Plumbing of said code, shall be
11- 2 issued a statewide Home Inspector Class CABO license.
11- 3 (d) The decision of the division as to the qualifications
11- 4 of applicants taking the required examination shall, in
11- 5 the absence of fraud, be conclusive. All individuals,
11- 6 partnerships, or corporations desiring to engage in the
11- 7 vocation of home inspecting one year from the date that
11- 8 this Code section becomes effective shall take or have
11- 9 taken the applicable examination and qualified under this
11-10 Code section for either a Home Inspector Class SBC license
11-11 or a Home Inspector Class CABO license, or both, before
11-12 engaging in such vocation.
11-13 (e) On and after one year from the date that this Code
11-14 section becomes effective, no partnership or corporation
11-15 shall have the right to engage in the business of home
11-16 inspecting unless there is regularly connected with such
11-17 partnership or corporation a person or persons, actually
11-18 engaged in the performance of such business on a full-time
11-19 basis and supervising the home inspecting work of all
11-20 employees of such partnership or corporation, who have
11-21 valid licenses issued to them as provided in this chapter.
11-22 In cases where a partnership or corporation has more than
11-23 one office location from which home inspecting is
11-24 performed, at least one person stationed in each branch
11-25 office of such partnership or corporation, engaged in the
11-26 performance of home inspecting on a full-time basis and
11-27 supervising the home inspecting work of all employees of
11-28 such branch office locations, shall have a valid license
11-29 issued as provided in this Code section.
11-30 (f) It shall be the duty of all partnerships and
11-31 corporations qualified under this Code section to notify
11-32 the division, in accordance with board rules, of severance
11-33 of connection with such partnership or corporation of any
11-34 person or persons upon whom the qualification of any such
11-35 partnership or corporation rested.
11-36 (g) All applicants for examinations and licenses provided
11-37 for by this Code section and all applicants for renewal of
11-38 licenses under this Code section shall be required to fill
11-39 out a form which shall be provided by the division, which
11-40 form shall show whether or not the applicant is an
11-41 individual, partnership, or corporation and, if a
11-42 partnership or corporation, the names and addresses of the
11-43 partners or the names and addresses of the officers, when
11-44 and where formed or incorporated, and such other
-11-
12- 1 information as the division in its discretion may require.
12- 2 All forms of application for renewal of licenses shall
12- 3 also show whether or not the applicant, if it is a
12- 4 partnership or corporation, still has connected with it a
12- 5 duly qualified person holding a license issued by the
12- 6 division.
12- 7 (h) The division shall notify each local governing
12- 8 authority of the provisions of this Code section relating
12- 9 to licensure, especially the provisions of subsection (b)
12-10 of this Code section. The division shall notify such
12-11 governing authorities that one year from the date that
12-12 this Code section becomes effective any person desiring a
12-13 license to engage in the vocation of home inspecting shall
12-14 be required to pass an examination as provided in this
12-15 chapter.
12-16 (i) As a condition to the renewal of licenses, the
12-17 division may require licensees to complete board approved
12-18 continuing education of not more than four hours annually.
12-19 (j) Within 90 days of the date that this Code section
12-20 becomes effective, the board shall by regulation prescribe
12-21 a minimum amount of errors and omissions coverage or other
12-22 appropriate liability insurance that each licensed home
12-23 inspector shall maintain at all times. The amount of such
12-24 insurance coverage shall vary depending on the value of
12-25 the property to be inspected by the licensee. A licensed
12-26 home inspector shall ensure that a current certificate by
12-27 the insurer or other appropriate evidence of such coverage
12-28 is on file with the division.
12-29 (k)(1) Every licensed home inspector shall provide to
12-30 the person on whose behalf a home or single-family
12-31 dwelling is being inspected a written document
12-32 specifying:
12-33 (A) The scope of the inspection, including those
12-34 structural elements, systems, and subsystems to be
12-35 inspected;
12-36 (B) That the inspection is a visual inspection; and
12-37 (C) That the home inspector will notify in writing the
12-38 person on whose behalf such inspection is being made
12-39 of any defects noted during the inspection, along with
12-40 any recommendation that certain experts be retained to
12-41 determine the extent and corrective action necessary
12-42 for such defects.
-12-
13- 1 (2) Any licensed home inspector who expresses an opinion
13- 2 regarding the compliance of the property inspected with
13- 3 a state minimum standard code, or any amendment thereto,
13- 4 shall state in writing the particular code book,
13- 5 section, and edition of the code which is the basis for
13- 6 his or her opinion. The licensed home inspector shall
13- 7 also include with an opinion a written statement that
13- 8 only persons conducting inspections on behalf of
13- 9 municipalities or counties, pursuant to Code Section
13-10 8-2-26, may issue citations for code violations in order
13-11 to enforce the state minimum standard codes or
13-12 amendments thereto.
13-13 (l) Nothing in this chapter relating to the licensing or
13-14 regulation of home inspectors shall be construed to limit
13-15 the power of counties and municipalities to enforce the
13-16 state minimum standard codes pursuant to Code Section
13-17 8-2-26."
13-18 SECTION 9.
13-19 Said chapter is further amended in Code Section 43-14-13,
13-20 relating to the applicability of said chapter, by striking
13-21 subsection (b) and inserting in lieu thereof a new
13-22 subsection (b) to read as follows:
13-23 "(b) Any person who holds a license issued under this
13-24 chapter may engage in the business of plumbing, electrical
13-25 contracting, conditioned air contracting, low-voltage
13-26 contracting, home inspecting, or utility contracting but
13-27 only as prescribed by the license, throughout the state;
13-28 and except as provided in Code Section 43-14-12, no
13-29 municipality or county may require such person to comply
13-30 with any additional licensing requirements imposed by such
13-31 municipality or county."
13-32 SECTION 10.
13-33 This Act shall become effective on July 1, 2000.
13-34 SECTION 11.
13-35 All laws and parts of laws in conflict with this Act are
13-36 repealed.
-13-
Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 02/24/99
