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License Law
What you should know as a home inspector about License Law
| Question | Answer |
|---|---|
| Under NYS law, what exactly qualifies as a "Residential Building" for a licensed home inspection? | A structure with 1 to 4 dwelling units (plus their garages/carports). Crucially, it excludes newly constructed homes or homes not previously occupied |
| According to the licensing act, what two specific environmental/hazard inspections are explicitly excluded from the definition of a standard home inspection? | Radon and pests |
| What are the two main legal actions a home inspector must perform during an inspection, and what must be clearly identified? | You must observe the systems and provide a written report. The report must clearly identify exactly which systems and components were observed |
| According to NYS law, how many times a year must the State Home Inspection Council meet at a minimum? | At least twice a year |
| What is the specific legal nature or role of the State Home Inspection Council regarding the Secretary of State? | The role of the council shall be advisory. They recommend regulations, but the Department of State enforces them |
| Excluding the Secretary of State, how many members sit on the NYS Council, and how is the professional/public split structured? | 6 members total: 3 must be licensed home inspectors (active for 5+ years) and 3 must be consumers who reside in a New York residential building |
| Can a licensed architect conduct a home inspection for compensation in NYS without a home inspector license? | Yes, if they are regulated by the state and acting strictly within the scope of their architectural profession |
| Under what condition can a professional engineer perform a paid home inspection without a home inspector license? | They must be regulated by the state or a political subdivision and acting within the scope of their engineering profession |
| Can a government code enforcement official perform inspections without a home inspector license? | Yes, but only when they are acting strictly within the scope of their government employment |
| What are the hour requirements for the standard NYS approved course of study path to licensure? | t least 140 hours total. Of those hours, a minimum of 40 hours must be unpaid, supervised, field-based inspections |
| Who is legally allowed to directly supervise and take full responsibility for an applicant's field training hours or inspection reports? | A licensed NYS home inspector, a licensed professional engineer, or a licensed architect |
| If an applicant does not use the 140-hour course path, what alternative experience requirement qualifies them to take the exam? | They must have performed not less than 100 home inspections under the direct supervision of a licensed NYS inspector, engineer, or architect |
| How long is an NYS home inspector license valid, and what are the initial, renewal, and exam fees? | Valid for 2 years. Initial license application fee is $250, renewal fee is $100, and the examination fee is $50 |
| How many days does an inspector have to deliver a written report, and who is allowed to see it? | Delivered within 5 business days of completion. It is strictly confidential and requires express client consent to share (except with Department of State investigators) |
| What are the major ethical restrictions regarding repairs, financial interests, and compensation on an inspected home? | No paid repairs before closing, no inspecting homes you have a financial stake in, no kickbacks/referral fees, and no pay contingent on report findings or a home closing |
| What is the maximum civil penalty the Secretary of State can impose on a home inspector per individual violation? | A civil penalty not to exceed $1,000 per violation |
| If a home inspector's license is completely revoked, how long must they wait before it can legally be reinstated or reissued | A period of 5 years from the exact date of the revocation |
| Can an inspector accept pay from multiple parties for one job, and who punishes a bad inspection by a licensed engineer? | No, unless all parties consent. If an engineer/architect violates this article, they are punished by their own respective state licensing boards, not the home inspection department |
| How many days does an applicant or inspector have to submit a written request for a hearing after receiving a notice of license denial or violation? | Within 30 days after receipt of the notification. Failing to do so makes the state's determination final. |
| What financial security requirement must every licensed NYS home inspector secure, maintain, and file proof of with the Secretary of State? | A certificate of liability coverage (general liability insurance). Terms are set by the Secretary and Council |
| How much advance notice must an insurance company provide to the Secretary of State before a home inspector’s liability policy cancellation becomes effective? | At least 10 days' notice of intention to cancel or non-renew must be received in writing by the secretary. |
| What level of criminal offense is a person guilty of if they practice home inspection without a license or violate a state cease-and-desist order? | They are guilty of a misdemeanor |
| What is the maximum criminal fine penalty for a first-time conviction of performing unlicensed home inspection activities? | A fine of not more than $1,000. Each violation is deemed a separate offense |
| What are the mandatory minimum and maximum fines for a second or subsequent conviction of unlicensed home inspection work? | A fine of not less than $1,000 nor more than $5,000 |
| Under NYS Standards, what constitutes a "representative number" when testing interior and exterior components (like windows/outlets)? | For interior parts, it means one component per room. For exterior parts, it means one component on each side of the building |
| What is the exact legal difference between testing for "Functional Flow" versus "Functional Drainage" during plumbing checks? | Functional Flow checks for reasonable water flow at the highest fixture when another is run. Functional Drainage ensures a drain empties in a reasonable time without overflowing when another fixture drains simultaneously |
| What separates a component that is "readily accessible" from one that is simply "observable"? | Accessible means you can inspect it without moving personal property or risking damage. Observable means you can see it without removing coverings, fixed, finished, or stored materials |
| What does the state mean by a "technically exhaustive" inspection, and are you required to perform one? | An inspection using extensive measurements, instruments, calculations, or engineering to find scientific conclusions. Standard home inspections are not technically exhaustive |
| f a heating or cooling system's safety switch or circuit breaker is turned off, is an inspector required to turn it on to test it? | No. If a system is shut down or a breaker is off/fuse is missing, the inspector is not required to reestablish the circuit to operate it. |
| If a home inspection does not meet the minimum NYS Standards of Practice, what must the final report explicitly contain? | It must describe the exact scope of work, services provided, and precisely what systems were included or excluded |
| What must an inspector legally do if they fail to observe a particular major component or system during an inspection? | They must list the item in the report as "not observed" and clearly state the specific reasons why it was omitted. |
| What specific aspect of the building perimeter is an inspector required to evaluate and report on regarding site conditions? | The land grade and water drainage directly adjacent to the foundation |
| What is the rule regarding inspecting trees and shrubs near the residential building? | You must report if they adversely affect the building (like roots or branches causing damage), but you skip reporting on their biological health |
| Which common exterior boundary and hardscape features are explicitly excluded from required site condition reporting? | Fences and privacy walls are excluded. (Note: Walkways, steps, driveways, patios, and retaining walls must be inspected) |
| What unique procedural detail must be explicitly stated in the report for every roof inspection? | The inspector must report the exact methods used to observe the roof (e.g., walked, viewed from a ladder, or viewed from the ground) |
| Name three things an inspector is explicitly not required to determine about a roof's materials or future? | Remaining life expectancy, manufacturer defects/recalls, and the exact number of roof layers present |
| Under what conditions is an NYS home inspector legally exempt from walking on or accessing a roof structure? | If doing so could damage the roof/roofing material or endanger the health and safety of the inspector. -- NYS doesn't want you to go on them anymore - could be a trick question!! |
| While you must inspect a representative number of windows, what window features are you not required to report on? | The presence of safety-type glass, the integrity of thermal window seals (fogging), or damaged glass |
| Which common backyard structures and accessories are explicitly excluded from a mandatory NYS exterior inspection? | Out-buildings (sheds) other than garages/carports, fences, recreational facilities (pools/hot tubs), and powered roof ventilators |
| What four specific descriptive elements must be included in the report for every plumbing system inspection? | Piping materials (supply/waste/vent), water heater capacity & energy source, and the exact location of main water & fuel shut-off valves |
| What mandatory statement must an inspector make regarding the source of the property's water supply and waste disposal? | The report must explicitly state whether the water supply and waste disposal systems are public, private, or unknown |
| Aside from standard sink/tub faucets, which plumbing valves is an inspector explicitly not required to operate? | Any main, branch, or fixture shut-off valve, and you are not required to determine the exact water temperature |
| When is an inspector legally exempt from observing or operating a plumbing fixture or faucet? | If the flow end of the faucet is directly connected to an appliance (like a washing machine hookup or dishwasher line) |
| Name three common water-related systems that are explicitly excluded from a standard plumbing inspection. | Fire sprinkler systems, water conditioning/softener equipment, and solar water heating systems |
| What internal electrical component check requires the home inspector to physically remove covers from panels? | Visual observation of main and branch circuit conductors for proper overcurrent protection and condition after removing readily accessible main/sub-panel covers |
| What four specific ratings, wiring types, and component presences must be described in an electrical inspection report? | Amperage & voltage ratings, disconnect/sub-panel locations, presence of aluminum branch wiring, and presence/absence of smoke & CO detectors |
| What two actions is an inspector explicitly prohibited or not required to do inside an open electrical panel? | Insert any tool, probe, or testing device into main/sub-panels, and operate overload protection devices (you do not trip breakers) |
| Are you required to test every outlet or remove wall plates during an NYS home electrical inspection? | You are not required to test every switch or receptacle, and you are explicitly not required to remove switch and outlet cover plates |
| Name three types of specialized or low-voltage electrical systems that are completely excluded from a mandatory inspection. | Doorbells/intercoms, solar-powered components, and standby emergency generators |
| What three descriptive elements must be included in the final report for every heating system inspection? | The type of fuel, the heating equipment, and the heating distribution system |
| Is an NYS home inspector legally required to observe, evaluate, or report on a furnace's heat exchanger? | No. Home inspectors are explicitly not required to observe, evaluate, and report on heat exchangers |
| When is a home inspector legally exempt from activating or operating a heating or heat pump system? | When ambient temperatures or other circumstances are not conducive to safe operation or may damage the equipment |
| Is an inspector required to test for gas line leaks or check for carbon monoxide (CO) while inspecting a heater? | No. Home inspectors are not required to test for gas leaks or carbon monoxide |
| Name three heating accessories or hidden distribution setups that are completely excluded from a standard inspection. | Humidifiers/air purifiers, interior chimney flues, and in-floor or in-ceiling radiant heating systems |
| Under what specific outdoor temperature limit is a home inspector legally exempt from operating an air conditioning system? | When the exterior temperature is below 65 degrees Fahrenheit, or when other circumstances may cause equipment damage. |
| Name three air conditioning components or testing actions that are explicitly excluded from a standard inspection. | Wall/window-mounted AC units, checking coolant pressure/leakage, and electronic air filters. |
| What specific verification must an inspector perform regarding visible bath and kitchen ventilation fans? | Observe and report on the ducting to determine if it exhausts to the exterior of the residential building |
| What three garage components must be fully observed, operated, and reported on during the interior inspection? | Garage doors, garage door operators (openers), and garage door safety devices (auto-reverse sensors) |
| What testing actions are you not required to take when inspecting an interior fireplace or solid fuel stove? | You are not required to ignite fires, determine draft adequacy, perform smoke tests, or evaluate the installation of inserts |
| Is a home inspector required or allowed to move or disturb insulation to check underlying structures? | No. Home inspectors are explicitly not required to disturb insulation |
| Which specific mechanical component of a fireplace must be actively operated during an inspection? | Accessible fireplace dampers. You must observe, operate, and report on them |
| Name three fireplace-adjacent components that are explicitly excluded from a standard inspection | Interiors of flues/chimneys, fire screens and doors, and mantles/fireplace surrounds |
| Like the roofing section, what unique documentation must be explicitly written down for every attic inspection? | The inspector must describe the exact method of observation used (e.g., entered, viewed from hatch, etc.) |
| Under what specific conditions is an inspector legally exempt from physically entering an attic space? | Where no walkable floor is present, or where entry would, in the opinion of the home inspector, be unsafe |
| Is an NYS home inspector required to report on past or present violations of building codes, local ordinances, or regulations? | No. Home inspectors are explicitly not required to report upon past or present violations of codes, ordinances, or regulations |
| Name four major environmental hazards or hidden substances that an inspector is legally not required to identify or test for | Asbestos, mold, lead paint, and radon/toxins. The presence or absence of any hazardous substance is completely excluded |
| What three common real estate and financial questions from clients is an inspector explicitly not required to determine or answer? | The advice to purchase, the estimated costs of corrections/repairs, and the operating costs of systems |
| Does an NYS home inspection report serve as a warranty or guarantee on the home's future conditions? | No. Home inspectors are explicitly not required to offer warranties or guarantees of any kind |
| What are the rules regarding inspecting common components, shared systems, or reserve accounts for condominiums? | Inspectors are not required to provide an inspection of any condominium common component or system, or to evaluate reserve accounts |
Created by:
normandesch