§ 143-151.58. (Effective until October 1, 2013) Duties of licensed home inspector or licensed associate home inspector.
§ 143‑151.58. (Effective until October 1, 2013) Duties of licensed home inspector or licensedassociate home inspector.
(a) Home InspectionReport. A licensed home inspector or licensed associate home inspector mustgive to each person for whom the inspector performs a home inspection forcompensation a written report of the home inspection. The inspector must givethe person the report by the date set in a written agreement by the parties tothe home inspection. If the parties to the home inspection did not agree on adate in a written agreement, the inspector must give the person the reportwithin three business days after the inspection was performed.
(a1) Summary Page. Awritten report provided under subsection (a) of this section for a prepurchase homeinspection of three or more systems must include a summary page that containsthe information required by this subsection. All other subject matterspertaining to the home inspection must appear in the body of the report. Thesummary page must contain the following statement: "This summary page isnot the entire report. The complete report may include additional informationof interest or concern to you. It is strongly recommended that you promptlyread the complete report. For information regarding the negotiability of anyitem in this report under the real estate purchase contract, contact your NorthCarolina real estate agent or an attorney."
The summary page must describeany system or component of the home that does not function as intended, allowingfor normal wear and tear that does not prevent the system or component fromfunctioning as intended. The summary page must also describe any system orcomponent that appears not to function as intended, based upon documentedtangible evidence, and that requires either subsequent examination or furtherinvestigation by a specialist. The summary page may describe any system orcomponent that poses a safety concern.
(a2) State Building Code. If a licensee includes a deficiency in the written report of a homeinspection that is stated as a violation of the North Carolina StateResidential Building Code, the licensee must do all of the following:
(1) Determine the dateof construction, renovation, and any subsequent installation or replacement ofany system or component of the home.
(2) Determine the StateBuilding Code in effect at the time of construction, renovation, and anysubsequent installation or replacement of any system or component of the home.
(3) Conduct the homeinspection using the building codes in effect at the time of the construction,renovation, and any subsequent installation or replacement of any system orcomponent of the home.
In order to fully inform theclient, if the licensee describes a deficiency as a violation of the StateBuilding Code in the written report, then the report shall include theinformation described in subdivision (1) of this subsection and photocopies ofthe relevant provisions of the State Building Code used pursuant to subdivision(2) of this subsection to determine any violation stated in the report. TheBoard may adopt rules that are more restrictive on the use of the StateBuilding Code by home inspectors.
(b) (Effective untilOctober 1, 2011) Bond Required. A licensed home inspector mustcontinuously maintain minimum net assets or a bond as required in G.S. 143‑151.51(3).
(b) (EffectiveOctober 1, 2011) Insurance, Net Assets, and Bond Requirements. A licensedhome inspector must continuously maintain general liability insurance andminimum net assets, a bond, or errors and omissions insurance as required inG.S. 143‑151.51(b).
(c) Supervision. Alicensed associate home inspector must be continuously employed by oraffiliated with a licensed home inspector as required in G.S. 143‑151.52(5).
(d) Record Keeping. Alllicensees under this Article shall make and keep full and accurate records ofbusiness done under their licenses. Records shall include the written, signedcontract and the written report required by subsection (a) of this section andthe standards of practice referred to in G.S. 143‑151.49(a)(2) and anyother information the Board requires by rule. Records shall be retained bylicensees for not less than three years. Licensees shall furnish their recordsto the Board on demand. (1993 (Reg. Sess., 1994), c. 724, s. 1; 1999‑149, s. 3; 2009‑509,ss. 2.5, 4.1, 4.2.)
§ 143‑151.58. (Effective October 1, 2013) Duties of licensed home inspector.
(a) Home InspectionReport. A licensed home inspector must give to each person for whom theinspector performs a home inspection for compensation a written report of thehome inspection. The inspector must give the person the report by the date setin a written agreement by the parties to the home inspection. If the parties tothe home inspection did not agree on a date in a written agreement, theinspector must give the person the report within three business days after theinspection was performed.
(a1) Summary Page. Awritten report provided under subsection (a) of this section for a prepurchasehome inspection of three or more systems must include a summary page thatcontains the information required by this subsection. All other subject matterspertaining to the home inspection must appear in the body of the report. Thesummary page must contain the following statement: "This summary page isnot the entire report. The complete report may include additional informationof interest or concern to you. It is strongly recommended that you promptlyread the complete report. For information regarding the negotiability of anyitem in this report under the real estate purchase contract, contact your NorthCarolina real estate agent or an attorney."
The summary page must describeany system or component of the home that does not function as intended,allowing for normal wear and tear that does not prevent the system or componentfrom functioning as intended. The summary page must also describe any system orcomponent that appears not to function as intended, based upon documentedtangible evidence, and that requires either subsequent examination or furtherinvestigation by a specialist. The summary page may describe any system orcomponent that poses a safety concern.
(a2) State Building Code. If a licensee includes a deficiency in the written report of a home inspectionthat is stated as a violation of the North Carolina State Residential BuildingCode, the licensee must do all of the following:
(1) Determine the dateof construction, renovation, and any subsequent installation or replacement ofany system or component of the home.
(2) Determine the StateBuilding Code in effect at the time of construction, renovation, and anysubsequent installation or replacement of any system or component of the home.
(3) Conduct the homeinspection using the building codes in effect at the time of the construction,renovation, and any subsequent installation or replacement of any system orcomponent of the home.
In order to fully inform theclient, if the licensee describes a deficiency as a violation of the StateBuilding Code in the written report, then the report shall include theinformation described in subdivision (1) of this subsection and photocopies ofthe relevant provisions of the State Building Code used pursuant to subdivision(2) of this subsection to determine any violation stated in the report. TheBoard may adopt rules that are more restrictive on the use of the StateBuilding Code by home inspectors.
(b) Insurance, NetAssets, and Bond Requirements. A licensed home inspector must continuouslymaintain general liability insurance and minimum net assets, a bond, or errorsand omissions insurance as required in G.S. 143‑151.51(b).
(c) Repealed by SessionLaws 2009‑509, s. 3.3, effective October 1, 2013.
(d) Record Keeping. Alllicensees under this Article shall make and keep full and accurate records ofbusiness done under their licenses. Records shall include the written, signedcontract and the written report required by subsection (a) of this section andthe standards of practice referred to in G.S. 143‑151.49(a)(2) and anyother information the Board requires by rule. Records shall be retained bylicensees for not less than three years. Licensees shall furnish their recordsto the Board on demand. (1993 (Reg. Sess., 1994), c. 724, s. 1; 1999‑149, s. 3; 2009‑509,ss. 2.5, 3.3, 3.7, 4.1, 4.2.)