Home Inspector, Mold Services Rulemaking Initiated Prior to July 1, 2010 Licensing Deadline; Governor To Receive Bill That Could Revise Existing Law
May 6, 2010
Because current Florida law requires the licensure and regulation of home inspectors and mold-related service providers beginning July 1, 2010, the Florida Department of Business and Professional Regulation (“DBPR”) has commenced the rule development process accordingly.
Rule Development Workshops relating to each type of licensee were held on May 5, 2010 to allow interested persons an opportunity to provide input.
The question of what happens on July 1, 2010 depends upon whether House Bill 713 becomes law. Passed during the 2010 Florida Legislative Session, but not yet considered by Florida Governor Charlie Crist, the bill comprises DBPR recommendations applicable to each type of licensee based on input provided during recent DBPR public workshops.
However, if HB 713 is vetoed, DBPR will continue with implementation of Chapter 468, Part XV, Florida Statutes, which was enacted on June 27, 2007.
Following is a summary of each Workshop held today:
Home Inspectors
Yesterday’s first DBPR Workshop related to the implementation of new regulations for home inspectors pursuant to Section 468.83, F.S. To access a draft of the proposed Rules for home inspector licensing, click here.
The following proposed Rules were discussed:
61-30.101: License Requirements
61-30.102: Examination
61-30.201: Fees
61-30.301: Delinquent License
61-30.302: Inactive, Active Status
61-30.401: License Renewal
61-30.501: Education Required for Initial Licensure
61-30.502: Department Approval of Education Providers
61-30.503: Obligations of Education Providers
61-30.504: Approval of Courses
61-30.505: Continuing Education Requirements for Reactivation of an Inactive License
61-30.506: Continuing Education Requirements for Biennial Renewal
61-30.602: Disciplinary Guidelines
61-30.603: Notice of Noncompliance
61-30.604: Citations
61-30.605: Mediation
DBPR Home Inspector Licensing Executive Director Rich Morrison presided over the Workshop. The proposed changes relate to licensure, fees, change of status, biennial renewal, continuing education, standards of practice and discipline for home inspectors.
Much of the discussion centered on the qualifications and licensure of who should be able to inspect homes. For example, a general contractor representative said that state certified Division 1 contractors (a category that includes general, building and residential contractors) should qualify as home inspectors. This position was not universally agreed upon, because any home inspector representatives distinguished their education, training and experience from those of licensed contractors.
To access a comparative summary of how current law relating to home inspectors would be changed by HB 713, click here.
To view the meeting notice, click here.
Mold-Related Services
The DBPR also held a Rule Development Workshop yesterday to discuss proposed Rules relating to licensing and regulation of mold assessors and remediators in Florida under Section 648.84, F.S.
The following proposed Rules were considered:
61-31.101: License Requirements
61-31.102: Examination
61-31.201: Fees
61-31.301: Delinquent License
61-31.302: Inactive, Active Status
61-31.401: License Renewal
61-31.501: Department Approval of Education Providers
61-31.502: Obligations of Education Providers
61-31.503: Continuing Education Requirements for Reactivation of an Inactive License
61-31.504: Continuing Education Requirements for Biennial Renewal
61-31.505: Approval of Courses
61-31.602: Disciplinary Guidelines
61-31.603: Notice of Noncompliance
61-31.604: Citations
61-31.605: Mediation
DBPR officials reviewed each proposed Rule, after which public comment was allowed. Specific concerns included:
- In relation to Subsection (h) of proposed Rule 61-31.101 relating to License Requirements, mold inspectors who testified at the Workshop do not believe they will be able to submit invoices according to the Rule, because this could void the confidentiality that they have with their clients, thus subjecting them to potential liability and lawsuits.
- Under proposed Rule 61-31.102 relating to Examinations, the mold inspectors explained that they believe that the scope of the examination should be broadened in order to create competition within the marketplace.
- Specifically in relation to Subsections 6 and 7 of proposed Rule 61-31.502 relating to Obligations of Education Providers, the inspectors asked the DBPR to consider online continuing education.
Substantial debate took place in regard to the issue of grandfathering as applicable to the existing statute. Explaining that their role was to simply implement the statute, the DBPR officials reminded that the subject of grandfathering was not to be discussed at this meeting.
To access a comparative summary of how current law relating to mold-related services would be changed by HB 713, click here.
The record for each of the above proposed Rule Chapters will remain open for additional comments until May 12, 2010, followed by scheduled public hearings.
Should you have any questions or comments, please contact Colodny Fassand Abate.
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