Bill > HB166

This bill, titled the "Home Inspector Licensing Act," establishes a framework for licensing and regulating home inspectors in New Mexico. It creates the New Mexico Home Inspectors Board, composed of five members, to oversee the licensing process, set standards of practice, and enforce the act. The bill defines key terms such as "home inspection" (a non-invasive examination of a residential property's components for a written opinion on its condition), "home inspector" (a person performing these inspections for compensation), and "pre-inspection agreement" (a written contract outlining the scope of work and fees). Home inspectors are required to enter into a pre-inspection agreement with clients before conducting an inspection and must provide a report by a specified date, with a disclaimer stating that the inspection does not determine code compliance. The act prohibits unlicensed individuals from performing home inspections or using titles that imply licensure, while also outlining exemptions for certain licensed professionals like engineers, architects, and contractors when acting within their scope of practice. To obtain a license, applicants must meet requirements including age, residency, background checks, insurance, and specific training and examination standards, though some experienced inspectors may be exempt from certain training requirements. Licenses will be valid for three years and require continuing education for renewal. The bill also addresses license reciprocity with other states, grounds for license denial, suspension, or revocation, and mandates errors and omissions and professional liability insurance for all licensees. It sets various fees for applications, licenses, and background checks, and establishes a dedicated "home inspector fund" for administrative expenses. Finally, the act outlines civil and criminal penalties for violations, including misdemeanors and civil penalties of up to $5,000 per violation, and allows for injunctive relief to prevent illegal practices, with an effective date of January 1, 2017.