198B.704 Kentucky Board of Home Inspectors -- Members -- Meetings -- Salary -- Removal.
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<![CDATA[ Page 1 of 3 198B.704 Kentucky Board of Home Inspectors -- Members -- Meetings -- Salary -- Removal. (1) There is created a board to be known as the Kentucky Board of Home Inspectors. <br>(2) The board shall be composed of ten (10) members appointed by the Governor. (a) Five (5) of the members shall: 1. Have been actively engaged in performing home inspections in <br>Kentucky for at least five (5) years immediately before the member's <br>appointment to the board, or have completed one hundred (100) fee paid <br>inspections per year over the last five (5) years; 2. Be licensed by the board as a home inspector; and 3. Be selected from a list of fifteen (15) names submitted to the Governor, <br>and compiled by a selection committee composed of eight (8) members, <br>two (2) each from the American Society of Home Inspectors, the <br>Kentucky Real Estate Inspectors Association, the National Association <br>of Certified Home Inspectors, and the National Association of Home <br>Inspectors, respectively. (b) The other five (5) board members shall be qualified as follows: 1. One (1) person shall be a home builder who has been actively engaged <br>in home building in Kentucky for at least five (5) years immediately <br>before the member's appointment to the board. This member shall be <br>selected from a list of three (3) names submitted to the Governor from <br>the Home Builders Association of Kentucky; 2. One (1) person shall be a licensed real estate salesperson or broker under <br>KRS Chapter 324 who has been actively engaged in selling, trading, <br>exchanging, optioning, leasing, renting, managing, or listing residential <br>real estate in Kentucky for at least five (5) years immediately before the <br>member's appointment to the board. This member shall be selected from <br>a list of three (3) names submitted to the Governor from the Kentucky <br>Association of Realtors; 3. One (1) person shall represent the public at large and shall not be <br>associated with the home inspection, home building, or real estate <br>business other than as a consumer. This member shall be appointed by <br>the Governor, but shall not be selected from a submitted list of names; 4. One (1) person shall be a licensed manufactured home retailer, certified <br>retailer, or certified installer who has been actively engaged in such an <br>occupation for at least five (5) years immediately before the member's <br>appointment to the board. This member shall be selected from a list of <br>three (3) names submitted to the Governor from the Kentucky <br>Manufactured Housing Institute; and 5. The commissioner of the Department of Housing, Buildings and <br>Construction, or his or her designee shall be a member of the board. Page 2 of 3 (3) A board member required to have a license in accordance with subsection (2)(a)3. of this section, shall obtain the requisite license in accordance with KRS 198B.712, <br>on or before July 1, 2006. If a board member does not obtain the requisite license on <br>or before July 1, 2006, the board member shall be considered to have resigned from <br>the board on July 1, 2006, and the Governor shall fill the vacancy in accordance <br>with this section. If a board member resigns for failure to obtain a home inspectors <br>license, the actions of the board member and board before July 1, 2006, shall be <br>valid and viable. (4) The members of the board shall be residents of Kentucky. <br>(5) The initial terms of office for the nine (9) members appointed to the board by the Governor are as follows: <br>(a) Three (3) members for a term of three (3) years; <br>(b) Three (3) members for a term of two (2) years; and <br>(c) Three (3) members for a term of one (1) year. Thereafter, all members shall serve a term of three (3) years, or until a successor has <br>been duly appointed. (6) The initial terms begin July 15, 2004. <br>(7) The Governor may remove a board member at any time for incompetence, neglect of duty, or unprofessional conduct. (8) If a vacancy occurs in the membership of the board, the Governor shall appoint an individual to serve for the remainder of the unexpired term who has like <br>qualifications required of the member who created the vacancy. (9) A member shall not serve on the board for more than six (6) consecutive years. <br>(10) Each year the board shall elect a member as chairperson and a member as vice chairperson. (11) The chairperson and vice chairperson shall serve in their respective capacities for no more than one (1) year consecutively and until a successor is elected. (12) The chairperson shall preside at all meetings at which the chairperson is present. The vice chairperson shall preside at meetings in the absence of the chairperson and <br>shall perform other duties as the chairperson directs. (13) If the chairperson and vice chairperson are absent from a meeting of the board when a quorum exists, the members who are present may elect a presiding officer who <br>shall serve as acting chairperson until the conclusion of the meeting or until the <br>arrival of the chairperson or vice chairperson. (14) The board shall meet at least quarterly each calendar year upon the call of the chairperson or the written request of a majority of the members of the board. (15) The chairperson shall establish the date, time, and place for each meeting. <br>(16) A majority of the current members of the board constitutes a quorum. <br>(17) The affirmative vote of a majority of the members in attendance at a duly constituted meeting of the board is necessary for the board to take official action. Page 3 of 3 (18) Each member of the board is entitled to a minimum salary of thirty-five dollars ($35) per diem. Each member of the board is entitled to reimbursement for traveling <br>expenses and other expenses actually incurred in connection with the member's <br>duties as established under KRS 45.101. (19) A member shall be automatically removed from the board and a vacancy shall be created if a member fails to adhere to a duly adopted code of ethics of the board. <br>Failure to adhere to such a code shall be determined by official action of the board. Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 299, effective July 15, 2010. -- Amended 2008 Ky. Acts ch. 100, sec. 2, effective July 15, 2008. -- Amended 2006 Ky. Acts <br>ch. 77, sec. 1, effective July 12, 2006. -- Created 2004 Ky. Acts ch. 109, sec. 3, <br>effective July 13, 2004. Legislative Research Commission Note (7/12/2006). The reference to "subsection (2)(a)3. of this section" that is contained in subsection (3) of this statute pertains to <br>provisions involving the appointment of certain board members that were removed in <br>2006 Ky. Acts ch. 77, sec. 1. Because this reference relates to licensure requirements <br>that were to be met by July 1, 2006, and was not removed in the Act, the Reviser of <br>Statutes has not altered or attempted to correct this phrase during codification. ]]>