State offices and all DLLR physical locations will be closed to the public December 24 & December 25, 2014. However, Unemployment Insurance telephone and Web operations WILL be available on Wednesday, December 24.

About DLLR

 

09.36.08 - Board for Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors - Pending Regulations

 

PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 40, ISSUE 8,
FRIDAY, APRIL 19, 2013

Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 36 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - HOME INSPECTORS

09.36.08 Continuing Professional Competency

Authority: Business Occupations and Professions Article, §§16-216 and 16-3A-07(e), Annotated Code of Maryland

Notice of Proposed Action
[13-105-P]

The Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors proposes to adopt new Regulations .01 — .05 under a new chapter, COMAR 09.36.08 Continuing Professional Competency. This action was considered at a public meeting of the Commission held on December 11, 2012, notice of which was given in 39:24 Md. R. 1594 (November 30, 2012), pursuant to State Government Article, §10-506(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to establish the educational requirements that home inspectors must complete in order to demonstrate continuing professional competency as a condition of license renewal. This action is necessary pursuant to Business Occupations and Professions Article, §16-3A-07(e), Annotated Code of Maryland, which became effective July 1, 2011, and required the Commission to establish continuing professional competency requirements as a condition of home inspector license renewal.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Patricia Schott, Administrator, Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6165, or email to pschott@dllr.state.md.us, or fax to 410-333-6314. Comments will be accepted through May 24, 2013. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors during a public meeting to be held on June 11, 2013, at 10:30 a.m., at 500 N. Calvert Street, Baltimore, MD 21202.

.01 Citation of Regulations, Applicability, and Purpose.
  A. These regulations may be cited and referred to as the “Home Inspector Continuing Professional Competency Regulations”. The continuing professional requirements apply to all persons licensed under Business Occupations and Professions Article, Annotated Code of Maryland, to provide home inspection services in this State.
  B. The public interest requires that home inspectors provide competent home inspection services to the public. The General Assembly has determined that it is in the public interest to require home inspectors to comply with the continuing professional competency requirements as a prerequisite to the renewal of a license.

.02 Basic Requirement.
  A. A renewal applicant shall complete at least 30 hours of qualifying continuing professional competency for each 2-year registration term.
  B. Acquisition of Continuing Professional Competency.
    (1) The continuing professional competency required by §A of this regulation shall have been obtained during the 24 months immediately preceding license renewal.
    (2) Continuing professional competency hours required by §A of this regulation obtained prior to the immediately preceding license term may not be considered toward an applicant’s eligibility for license renewal.
    (3) Continuing professional competency hours earned in excess of the 30 hours for a 2-year license term may not be credited towards the continuing professional competency requirement for a subsequent 2-year license term.
  C. Up to 30 percent of the total continuing professional competency hours required by §A of this regulation may be obtained in other than a classroom setting.

.03 Programs Which Qualify.
  A. The overriding consideration in determining whether a specific program qualifies is that it shall be a formal program of learning which contributes directly to the professional competence of the individual.
  B. Group Continuing Professional Competency Programs.
    (1) Group continuing professional competency programs will qualify only if §A of this regulation is met and:
      (a) An outline is prepared in advance and preserved for review by the Commission, if required;
      (b) The program is at least 1 hour (50-minute instruction period) in length;
      (c) The program is conducted by a qualified instructor;
      (d) A record of attendance is preserved; and
      (e) The sponsor agrees to admit a member of the Commission on request to monitor the program.
    (2) These programs include:
     (a) Professional development programs of recognized national home inspection organizations;
     (b) Technical sessions at meetings of recognized national home inspection organizations;
      (c) Noncredit short courses at universities and colleges;
      (d) Formal, organized, in-firm education programs as approved by the Commission; and
      (e) Programs offered by other recognized professional or industrial organizations.
  C. University and college courses taken for academic credit will qualify only if §A of this regulation is met. Credit towards the continuing professional competency requirement will be calculated at 15 hours for each semester hour credit and 10 hours for each quarter hour credit.
  D. Other Programs. A program other than a group program will qualify only if:
    (1) The program meets the requirements of §A of this regulation;
    (2) An outline is prepared in advance and preserved for review by the Commission, if required;
    (3) The program is at least 1 hour (50-minute instruction period) in length; and
    (4) The program provides evidence of satisfactory completion.
  E. Teacher, Lecturer, or Discussion Leader.
    (1) Services as a teacher, lecturer, or discussion leader in subjects qualifying for continuing professional competency credit will be included to the extent that it contributes to the applicant’s professional competence. Repetitious presentation, that is, those that are substantially the same subject material, may be included only once each reporting period.
    (2) A teacher, lecturer, or discussion leader of a qualifying continuing professional competency program shall receive:
      (a) 3 hours of continuing professional competency credit for every hour of presentation for a first-time presentation of a program; and
      (b) 1 hour of continuing professional competency credit for every hour of presentation for all subsequent presentations of a program.
  F. Subject Matter. The following general subject matter areas are acceptable to the extent that they contribute directly to the expertise of home inspector or the provision of home inspection services:
    (1) Home inspection report writing;
    (2) Home Inspector Code of Ethics;
    (3) Home Inspector Standards of Practice;
    (4) Structural systems;
    (5) Exterior systems;
    (6) Roofing systems;
    (7) Plumbing systems;
    (8) Electrical systems;
    (9) Air conditioning systems;
    (10) Insulation and ventilation systems;
    (11) Fireplace and solid burning systems;
    (12) Heating systems;
    (13) Environmental hazards; and
    (14) Others, if the applicant can demonstrate a direct relationship between the course and the provision of home inspection services.
  G. Documentation. The following minimum information concerning each continuing professional competency course shall be maintained by the renewal applicant for 5 years from the date of renewal:
    (1) Sponsoring organization;
    (2) Course location;
    (3) Program title;
    (4) Topical course outline;
    (5) Content description;
    (6) Dates attended;
    (7) Hours claimed; and
    (8) Information reflecting the expertise of the instructor in the subject matter.

.04 Controls and Reporting.
  A. A renewal applicant shall provide a certification of compliance with renewal requirements, under Business Occupations and Professions Article, §16-3A-07, Annotated Code of Maryland, under penalty of perjury, in an appropriate form specified by the Commission.
  B. The Commission, at its discretion, may verify the information and documentation supporting a renewal applicant’s certification of continuing professional competency credit. Upon request, the renewal applicant shall submit to the Commission, or its designee, copies of the original documentation supporting the certification provided under §A of this regulation.

.05 Exceptions.
The Commission may issue a registration to a renewal applicant who has not fully complied with the continuing professional competency requirements in cases when failure by the applicant to fulfill this requirement has been caused by reason of any of the following:
  A. Health as certified by a medical doctor;
  B. Military service on extended active duty with the armed forces of the United States; or
  C. Other good and valid causes, as determined and approved by the Commission.

GEORGE FAIR
Chairman
Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors