Delaware Code Title 24 Sec. 4108 – Qualifications of applicant; report to Attorney General; judicial …
(a) An applicant, who is applying for licensure as a home inspector under this chapter, for the relevant license, shall submit evidence, verified by oath and satisfactory to the Board, that such person:
(1) Has successfully completed high school or its equivalent;
(2) Has passed a written, standardized examination as designated by the Board;
(3) Has acquired the required training and experience requirements for licensure as may be established by the Board, including any educational courses of study as established by the Board;
(4) Shall not have been the recipient of any administrative penalties regarding that applicant’s practice as a home inspector, including but not limited to fines, formal reprimands, license suspensions or revocation, (except for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has not entered into any “consent agreements” which contain conditions placed by a Board on that applicant’s professional conduct and practice, including any voluntary surrender of a license. The Board may determine after a hearing or review of documentation whether such administrative penalty is grounds to deny licensure;
(5) Shall not have any impairment related to drugs or alcohol that would limit the applicant’s ability to act as a home inspector in a manner consistent with the safety of the public;
(6) Has not been convicted of a crime that is substantially related to the practice of home inspection; however, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board shall, by an affirmative vote of a majority of the quorum, waive this paragraph (a)(6).
a.-d. [Repealed.]
(7) Has no disciplinary proceedings or unresolved complaints pending against the applicant in any jurisdiction where the applicant has previously been or currently is licensed, certified, or registered.
(8) Has provided evidence that the applicant or the applicant’s employer has and will maintain liability and errors and omissions insurance in the form and minimum amount to be determined by the Board in its rules and regulations.
Terms Used In Delaware Code Title 24 Sec. 4108
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Board: shall mean the State Board of Home Inspectors established in this chapter. See Delaware Code Title 24 Sec. 4102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Home: shall mean any residential property, or manufactured or modular home, which is a single-family dwelling, duplex, triplex, quadruplex, condominium unit, or cooperative unit. See Delaware Code Title 24 Sec. 4102
- Home inspection: shall mean a visual analysis for the purposes of providing a written professional opinion of the condition of a building and its carports and garages, any reasonably accessible installed components and the operation of the building systems, including the controls normally operated by the owner, for the following components of a residential building of 4 units or fewer: heating system; electrical system; cooling system; plumbing system; structural components; foundation; roof covering; exterior and interior components; and site aspects as they affect the building. See Delaware Code Title 24 Sec. 4102
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Licensed home inspector: shall mean a person, who has met the licensing requirements of this chapter and who holds a current, valid license issued under this chapter. See Delaware Code Title 24 Sec. 4102
- Person: shall mean an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, and any other legal entity and includes a legal successor of those entities. See Delaware Code Title 24 Sec. 4102
- Quorum: The number of legislators that must be present to do business.
- Substantially related: shall mean the nature of the criminal conduct for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of home inspecting. See Delaware Code Title 24 Sec. 4102
(b) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.
(c) Where the application of a person that is not under investigation in this or any other jurisdiction has been refused or rejected and such applicant feels that the Board has acted without justification, has imposed higher or different standards for the applicant than for other applicants, registrants, or licensees, or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
(d) A person already engaged in the business of performing home inspections as of August 6, 2013, is allowed until November 4, 2013, to comply with the provisions of this chapter for the purpose of qualifying to perform home inspections. Such person will qualify for a license without being required to satisfy paragraphs (a)(1), (a)(2), and (a)(3) of this section if such person can document to the satisfaction of the Board that he or she has conducted not fewer than 250 home inspections in Delaware for compensation or has been engaged in the practice of home inspection for compensation for not fewer than 5 years prior to August 6, 2013. Nothing in this subsection (d) shall exempt a licensed home inspector from complying with any continuing education requirements for licensed home inspectors as may be established by the Board.
78 Del. Laws, c. 170, § ?1; 70 Del. Laws, c. 186, § ?1; 79 Del. Laws, c. 126, § ?1; 83 Del. Laws, c. 433, § 29;