The Vermont Statutes Online

Title 26: Professions and Occupations

Chapter 019: Property Inspectors

• Subchapter 001: General Provisions

• § 1051. Purpose and effect

  In order to safeguard the life and health of the people of this State, no person shall practice, or offer to practice, property inspecting unless currently licensed under this chapter. (Added 2013, No. 136 (Adj. Sess.), § 2.)

• § 1052. Definitions

  As used in this chapter:

  (1) “Director” means the Director of the Office of Professional Regulation.

  (2) “License” means a current authorization granted by the Director permitting the practice of property inspecting.

  (3) “Practice of property inspecting” means performing or offering to perform for the public for a fee or other compensation services involving the physical inspection of real property structures and other improvements in order to evaluate the condition of the property, including any safety issues or material defects.

  (4) “Property inspector” means a person who is licensed under this chapter to engage in the practice of property inspecting. (Added 2013, No. 136 (Adj. Sess.), § 2.)

• § 1053. Prohibitions; offenses

  (a) It shall be a violation of this chapter for any person to:

  (1) sell or fraudulently obtain or furnish any property inspector degree, diploma, certificate of registration, license, or any other related document or record or to aid or abet in so doing;

  (2) practice property inspecting under cover of any degree, diploma, registration, license, or related document or record illegally or fraudulently obtained or signed or issued unlawfully or under fraudulent representation;

  (3) practice property inspecting unless currently licensed to do so under the provisions of this chapter;

  (4) represent himself or herself as being licensed by this State to practice property inspecting or use in connection with a name any words, letters, signs, or figures that imply that a person is a property inspector when not licensed or otherwise authorized under this chapter; or

  (5) practice property inspecting during the time a license or authorization issued under this chapter is suspended or revoked.

  (b) Any person violating this section shall be subject to the penalties provided in 3 V.S.A. § 127. (Added 2013, No. 136 (Adj. Sess.), § 2.)

• § 1054. Exceptions

  This chapter does not prohibit:

  (1) the practice of property inspection that is incidental to his or her program of study by a person enrolled in a property inspection training program approved by the Director; or

  (2) the practice of any other occupation or profession by a person duly licensed or otherwise authorized under the laws of this State. (Added 2013, No. 136 (Adj. Sess.), § 2.)

• Subchapter 002: Administration

• § 1071. Duties of the Director

  (a) The Director shall:

  (1) provide general information to applicants for licensure as property inspectors;

  (2) receive applications for licensure and issue licenses to applicants qualified under this chapter;

  (3) administer fees as established by law;

  (4) refer all disciplinary matters to an administrative law officer;

  (5) renew, revoke, and reinstate licenses as ordered by an administrative law officer; and

  (6) explain appeal procedures to licensed property inspectors and to applicants, and complaint procedures to the public.

  (b) The Director may adopt rules necessary to perform his or her duties under this section and may adopt rules establishing standards of practice for the profession. (Added 2013, No. 136 (Adj. Sess.), § 2.)

• § 1072. Advisor appointees

  (a) The Secretary of State shall appoint two property inspectors for five-year staggered terms to serve at the Secretary’s pleasure as advisors in matters relating to property inspection. One of the initial appointments may be for less than a five-year term.

  (b) An appointee shall have not less than five years’ experience as a property inspector immediately preceding appointment, shall be licensed as a property inspector in Vermont, and shall be actively engaged in the practice of property inspecting in this State during incumbency.

  (c) The Director shall seek the advice of the property inspector advisors in carrying out the provisions of this chapter. (Added 2013, No. 136 (Adj. Sess.), § 2.)

• Subchapter 003: Licenses

• § 1091. Eligibility for licensure

  (a) Each applicant for licensure as a property inspector shall meet the following minimum requirements:

  (1) Be at least 18 years of age and have successfully completed high school or its equivalent.

  (2) Complete no less than 80 hours of education approved by the Director covering all of the following real property core components:

  (A) heating systems;

  (B) cooling systems;

  (C) plumbing systems;

  (D) electrical systems;

  (E) structural components;

  (F) foundations;

  (G) roof coverings;

  (H) exterior and interior components; and

  (I) site aspects as they affect the building.

  (3) Pass an examination required for licensure. The Director shall identify by rule an eligibility examination required for licensure that is an independent, nationally recognized proctored examination.

  (4) [Repealed.]

  (b) Proof of certification issued by an independent, nationally recognized organization that provides certification for property inspectors satisfies the eligibility requirements set forth in subdivisions (a)(2) and (3) of this section. The Director shall identify by rule acceptable organizations for certification. The Director shall issue a license to practice to any person who in addition to the requirements of subdivision (a)(1) of this section is certified by an acceptable organization identified by the Director. (Added 2013, No. 136 (Adj. Sess.), § 2; amended 2015, No. 38, § 6, eff. May 28, 2015.)

• § 1092. License renewal

  (a) A license shall be renewed every two years on a schedule determined by the Director upon application and payment of the required fee. Failure to comply with the provisions of this section shall result in suspension of all privileges granted to the licensee, beginning on the expiration date of the license.

  (b) A license that has lapsed may be renewed upon payment of the biennial renewal fee and the late renewal penalty.

  (c) The Director may adopt rules necessary for the protection of the public to assure the Director that an applicant whose license has lapsed or who has not worked for more than five years as a property inspector is professionally qualified for license renewal. Conditions imposed under this subsection shall be in addition to the requirements of subsection (a) of this section. (Added 2013, No. 136 (Adj. Sess.), § 2.)

• § 1093. Applications

  Applications for licensure and license renewal shall be on forms provided by the Director. Each application shall contain a statement under oath showing the applicant’s education, experience, and other pertinent information and shall be accompanied by the required fee. (Added 2013, No. 136 (Adj. Sess.), § 2.)

• § 1094. Licensure generally

  The Director shall issue a license or renew a license, upon payment of the fees required under this chapter, to an applicant or licensee who has satisfactorily met all the requirements of this chapter. (Added 2013, No. 136 (Adj. Sess.), § 2.)

• § 1095. Fees

  Applicants and persons regulated under this chapter shall pay those fees set forth in 3 V.S.A. § 125. (Added 2013, No. 136 (Adj. Sess.), § 2.)