Section 1410.10  Definitions

 

Unless otherwise clarified by this Part, definitions set forth in the Act also apply for the purposes of this Part.

 

"Act" means the Home Inspector License Act [225 ILCS 441].

 

"Address of record" means the designated street address, which may not be a post office box, recorded by the Department in the applicant's or licensee's application file or license file maintained by the Department. [225 ILCS 441/1-10]

 

"CE" is an abbreviation for continuing education.

 

"Compensation" means the valuable consideration or the intention or expectation of receiving valuable consideration given by one person or entity to another person or entity in exchange for the performance of some activity or service.  Compensation shall not include a franchise fee paid by a licensee to a franchisor pursuant to the terms of a franchise agreement provided the franchisor does not engage in "home inspection" activity as described in Section 1-10 of the Act.  Compensation shall otherwise include the transfer of valuable consideration, including without limitation the following:

 

commissions;

 

referral fees;

 

bonuses;

 

prizes;

 

merchandise;

 

finder fees;

 

performance of services;

 

coupons or gift certificates;

 

discounts;

 

rebates;

 

a chance to win a raffle, drawing, lottery, or similar game of chance not prohibited by any other law or statute;

 

retainer fee; or

 

salary.

 

"Department" means the Department of Financial and Professional Regulation.

 

"Director" means the Director of the Division of Real Estate, with the authority delegated by the Secretary.

 

"Division" means the Department of Financial and Professional Regulation-Division of Real Estate.

 

"Education Provider" means an entity or person licensed by the Department offering courses in pre-license or continuing education.

 

"Email address of record" means the designated email address recorded by the Department in the applicant's application file or the licensee's license file, as maintained by the Department. [225 ILCS 441/1-10]

 

"Field Inspection Event" means a pre-license course that is an inspection and evaluation of the exterior and interior components of an actual residential real property conducted by a candidate for a home inspection license under the direct supervision of an Illinois licensed home inspector with at least 5 years' experience, conducted on-site and in person.  A licensed home inspector can supervise a maximum of 5 licensure candidates in each Field Inspection Event.

 

"Home inspector" means a person or entity who, for another and for compensation either direct or indirect, performs home inspections. [225 ILCS 441/1-10]

 

"Home inspection report" or "inspection report" means a written evaluation prepared and issued by a home inspector upon completion of a home inspection, which meets the standards of practice as established by the Department. [225 ILCS 441/1-10]

 

"Home Study" or "Correspondence Course" means an education course that is administered independently by the student in a self-study format, outside of a classroom, physical, or virtual meeting space, and is not required to include communication with an instructor.  There is no requirement for the ongoing verification of the student's participation and comprehension, except for the administration of the proctored final examination required in connection with a non-interactive course.  Home study or correspondence courses may include, but are not limited to, courses comprised of print or non-interactive media.

 

"Interactive Webinar" means delivery of a course by an instructor through a virtual or online medium allowing for live 2-way communication between the instructor and student in which either can initiate or respond to questions, including live instruction and real-time discussion via satellite, video or webcam that allows for student participation and comprehension.

 

"Learning Management System" means a software application used for the administration, documentation, tracking, reporting, and delivery of educational courses or training programs.

 

"Managing Home Inspector" means a designated managing home inspector, licensed by the Department, for a home inspector entity and who is responsible for the actions of all licensed and unlicensed employees, agents, and representatives of that home inspector entity while it is providing a home inspection or home inspection service. [225 ILCS 441/5-12]

 

"Online Distance Education" means education courses that are interactive, but not in real time, in which students independently learn and review material online, and, for verification of the student's participation and comprehension, interact with an instructor or Learning Management System.

 

"Person" means individuals, entities, corporations, limited liability companies, registered limited liability partnerships, and partnerships, foreign or domestic, except that when the context otherwise requires, the term may refer to a single individual or other described entity. [225 ILCS 441/1-10]

 

"Proctor" means any person, including an instructor, who has a written agreement with a licensed education provider to administer, in person or electronically, examinations fairly and impartially with a licensed education provider.

 

"Residential real property" means real property that is used or intended to be used as a residence by one or more individuals. [225 ILCS 441/1-10]

 

"Secretary" means the Secretary of the Department of Financial and Professional Regulation or the Secretary's designee.

 

"Standards of Practice" means recognized standards to be used in a home inspection, as determined by the Department, and established by this Part. [225 ILCS 441/1-10]  Standards of practice are the guidelines for the appropriate conduct of home inspections described in Subpart C.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.20  Applicability of this Part (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.100  Application for a Home Inspector License

 

a)         An applicant for a home inspector license shall submit in a manner prescribed by the Division, the following:

 

1)         An application that is signed and fully completed by the applicant;

 

2)         Verification that the applicant is at least 18 years of age;

 

3)         Successful completion of high school or education equivalency required under Section 5-10(a)(3) of the Act;

 

4)         Proof of successful completion of the pre-license education requirements, as provided by the Act and this Part;

 

5)         Proof of successful completion of an examination for licensure authorized by the Department pursuant to Section 5-10(a)(4) of the Act;

 

6)         The required fee set forth in Section 1410.400;

 

7)         Proof of general liability insurance coverage as required by Section 5-50 of the Act and Section 1410.235; and

 

8)         If applicable, any disclosures required under Section 5-10(c) of the Act.

 

b)         Applicants have 3 years from the date of application to complete the application process.  If the process has not been completed within 3 years, the application shall be denied and the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.

 

c)         Upon receipt of the required documents and review of the application, the Division shall issue a license authorizing practice as a home inspector or shall notify the applicant of any deficiency.

 

d)         An applicant shall have one year from the date of receipt of a passing licensure examination score to submit an application to the Division and to meet the requirements for licensure.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.110  Application for a Home Inspector Entity License

 

a)         An entity seeking to practice as a home inspector or provide home inspections in the State of Illinois in the form of a corporation, limited liability company or legally formed partnership shall submit to the Division:

 

1)         An application, in a manner provided by the Division, that is signed and fully completed by the applicant;

 

2)         If an assumed name is to be used, a certified copy of the assumed name certificate, pursuant to the Assumed Business Name Act [805 ILCS 405];

 

3)         A Federal Employer Identification Number (FEIN);

 

4)         The required fee set forth in Section 1410.400, payable to the Department;

 

5)         The names of all owners, partners, officers, members, managers, or directors of the entity, and their home inspector license numbers where applicable;

 

6)         Evidence that the home inspector entity has a designated managing home inspector licensed by the Department;

 

7)         Articles of Incorporation, Articles of Organization or other evidence of legal formation or authority, and proof of good standing with the Illinois Secretary of State.  If a foreign entity, a copy of the certificate of authority to transact business in Illinois; and

 

8)         Proof of general liability insurance coverage as required by Section 5-50 of the Act and Section 1410.235.

 

b)         This Section does not apply to an entity solely owned by one licensed home inspector operating a sole proprietorship, a single member limited liability company, or a single shareholder corporation, and if that home inspector is the only licensed home inspector performing inspections on the entity's behalf.

 

c)         Applicants have 3 years from the date of application to complete the application process.  If the process has not been completed within 3 years, the application shall be denied and the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.

 

d)         Upon receipt of the required documents and review of the application, the Department shall issue a license authorizing the entity to practice or shall notify the applicant of the reason for any deficiency.

 

e)         Licensees engaging in licensed activities in the form of a corporation, limited liability company, or legally formed partnership must:

 

1)         Remain in active status and in good standing in accordance with the requirements of the jurisdiction where it is registered and must be authorized to conduct or transact business;

 

2)         Notify the Division, in a format provided by the Division, within 48 hours after any change to its status/registration resulting in the inability to conduct or transact business in the jurisdiction in which it was authorized to conduct or transact business; and

 

3)         The license of any business entity that is not in good standing with the Illinois Secretary of State, or is not authorized to conduct business in Illinois, shall immediately become inactive, and that entity shall be prohibited from engaging in any licensed activities.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.120  Application for a Home Inspector License by Endorsement

 

a)         An applicant who is licensed under the laws of another state or territory of the United States and who wishes to be licensed in Illinois as a home inspector shall submit to the Division, in a manner prescribed by the Division:

 

1)         A signed and completed application;

 

2)         The fee required by Section 1410.400;

 

3)         A certification of good standing from the states or jurisdictions where the applicant is licensed stating or including:

 

A)        The time during which the applicant has been licensed;

 

B)        Whether the file of the applicant contains any record of disciplinary action;

 

C)        Examinations taken and passed; and

 

D)        Any pre-license education requirements; and

 

4)         Any other supporting documentation required by this Part and submitted within 3 years after the date of the application.  If the process has not been completed within 3 years, the application shall be denied, the fee forfeited, and the applicant must reapply and meet the requirements in effect at the time of reapplication.

 

b)         The Division shall examine each endorsement application to determine whether:

 

1)         the requirements and examination in the state or jurisdiction at the date of licensure were substantially equivalent to the requirements and examination required by the Act and this Part; or

 

2)         the applicant possessed individual qualifications at the time of previous licensure that are substantially similar to the requirements under the Act and this Part.

 

c)        Upon receipt of the required documents and review of the application for meeting all requirements for endorsement, the Department shall issue a license authorizing practice as a home inspector or shall notify the applicant of the reason for any deficiency.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.130  Expiration of Home Inspector Licenses (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.140  Expiration and Renewal of Home Inspector Licenses

 

a)         Every home inspector license or home inspector entity license issued under the Act shall expire November 30 of even-numbered years.

 

b)         Each applicant for renewal of a home inspector license issued pursuant to Sections 1410.100 and 1410.120 shall submit to the Division:

 

1)         A renewal application, provided by the Division, that is signed and fully completed by the applicant;

 

2)         The required fee set forth in Section 1410.400, payable to the Department; and

 

3)         Proof of successful completion of the continuing education requirements of Section 1410.160.

 

c)         Each applicant for renewal of a home inspector entity license issued pursuant to Section 1410.110 shall submit to the Division:

 

1)         A renewal application, in a manner provided by the Division, that is signed and fully completed by the applicant; and

 

2)         The fee as provided by this Part, payable to the Department; and

 

3)         Proof that the licensee is in good standing and complies with all requirements of the Secretary of State of Illinois to transact business.

 

d)         Any licensee who fails to renew by the expiration date of the license may renew the license for a period of 2 years following the expiration date of the license by submitting to the Division:

 

1)         A renewal application, in a manner provided by the Division, that is signed and fully completed by the applicant;

 

2)         The required renewal fee and late fee set forth in Section 1410.400; and

 

3)         Proof of successful completion of the continuing education requirements of Section 1410.160.

 

e)         Any person who fails to submit a renewal application within 2 years after the expiration date shall not be eligible to renew and must meet the requirements as a new applicant.

 

f)         If the current term of the home inspector license ends within 90 days after the initial license is issued, the licensee is not required to complete CE for that license term, but shall complete all CE requirements before the next home inspector license renewal deadline.

 

g)         Failure to receive a renewal form or notification of renewal from the Division shall not constitute an excuse for failure to pay the renewal fee or to renew the license.  Practice on a non-renewed license shall be considered unlicensed practice and shall be subject to the disciplinary provisions of the Act.

 

h)         Lapsed Fee Exemption

 

1)         A home inspector whose license under the Act has expired is eligible to renew without paying any lapsed renewal fees provided that the license expired while the licensee was:

 

A)        On active duty with the United States Armed Forces, such as the United States Army, United States Navy, United States Marine Corps, United States Air Force, United States Coast Guard, or State Militia called into the service or training for the United States;

 

B)        Engaged in training, education, or employment under the supervision of the United States prior to induction into military service; or

 

C)        An employee of the Department.

 

2)         A licensee renewing in accordance with this subsection (h) may renew the license within a period of 2 years after honorable termination of the service, education, training, or employment and is not required to take any CE or examination to renew.  The applicant shall furnish to the Division an affidavit or other supporting documentation demonstrating the service.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.150  Pre-License Education Requirements

 

Any person who makes an application for a home inspector license shall be required, as a pre-requisite to the written, licensure examination, to successfully complete 60 credit hours of pre-license instruction, 5 field inspection events, and a final field examination in courses of study pursuant to Subpart F.

 

a)         Pre-license Education Courses

 

1)         Pre-license education must include:

 

A)        a 60-hour pre-license course; and

 

B)        a pre-license field course that includes 5 field inspection events and a final field examination. 

 

2)         Both courses in subsection (a)(1) shall be approved by the Division and only accepted from licensed education providers.

 

b)         Pre-license education shall only be valid for 2 years following satisfactory completion of all of the pre-license education in order to sit for the written examination authorized by the Department.

 

c)         No applicant shall be allowed to take the written examination unless the applicant provides satisfactory evidence of completion of all the pre-license education requirements.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.160  Continuing Education Requirements

 

a)         A licensed home inspector who applies for renewal of their home inspector license shall successfully complete a total of 12 hours of approved continuing education (CE) during each 2 year renewal cycle.  Continuing education must consist of a minimum of 8 hours of mandatory courses, as defined by Subpart F.

 

b)         Continuing education credit is earned for verified attendance and completion of a course approved by the Division. All continuing education courses shall be a minimum of 1 credit hour.

 

c)         If the licensee submits an application for renewal and fails to submit satisfactory evidence of compliance with the CE requirements of this Part by the renewal deadline, the Division shall refuse to renew the license. The Division shall conduct audits of its records to verify compliance with this Section.

 

d)         If licensees have earned CE credit in another state or jurisdiction for which they will be claiming credit toward full compliance in Illinois, each applicant shall submit an application, along with a $50 per course processing fee, after completion of the CE course and prior to expiration of the license.  The Division may review and recommend approval or disapproval of the CE course provided the course is substantially equivalent to those approved in Illinois.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.170  Issuance of Certificate of Licensure (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.180  Exemptions (Repealed)

 

(Source:  Repealed at 34 Ill. Reg. 8063, effective June 3, 2010)

 

Section 1410.200  Standards of Practice

 

a)         This Subpart defines the practice of home inspection in the State of Illinois by:

 

1)         Defining certain terms relating to home inspections; and

 

2)         Providing home inspection and home inspection report guidelines and requirements.

 

b)         The following are terms commonly used in the writing of home inspection reports.

 

1)         Alarm Systems:  Warning devices, installed or free-standing, including but not limited to carbon monoxide detectors, flue gas and other spillage detectors, security equipment, ejector pumps and smoke alarms.

 

2)         Automatic Safety Controls:  Devices designed and installed to protect systems and components from unsafe conditions.

 

3)         Client:  A person or entity who engages or seeks to engage the services of a home inspector for an inspection assignment or home inspection report of a residential real property.

 

4)         Component:  A part of a system.

 

5)         Decorative:  Ornamental; not required for the operation of the essential systems and components of a home.

 

6)         Describe:  To report a system or component by its type or other observed, significant characteristics to distinguish it from other systems or components.

 

7)         Dismantle:  To take apart or remove any component, device or piece of equipment that would not be taken apart or removed by a homeowner in the course of normal and routine homeowner maintenance.

 

8)         Further Evaluation:  Examination and analysis by a qualified professional, tradesperson or service technician beyond that provided by the home inspection.

 

9)         Home Inspection:  As defined in Section 1-10 of the Act.

 

10)         Household Appliances:  Include, but are not limited to, range, stove, oven, refrigerator, window air conditioner, washer, dryer, trash compactor and garbage disposal, and other appliances that may be part of a real estate transaction, whether installed or free-standing.

 

11)         Inspect:  To visually examine readily accessible systems and components of a building in accordance with this Subpart, using normal operating controls and opening readily accessible panels.

 

12)         Installed:  Attached in such a manner that removal requires tools.

 

13)         Normal Operating Controls:  Devices such as, but not limited to, thermostats, switches or faucets intended to be operated by the homeowner.

 

14)         Readily Accessible:  Available for visual inspection without requiring moving of personal property, dismantling, destructive measures, or any action that will likely involve risk to persons or property.

 

15)         Readily Operable Access Panel:  A panel provided for homeowner inspection and maintenance that is within normal reach, can be removed by one person, and is not sealed in place.

 

16)         Recreational Facilities:  Spas, saunas, steam baths, swimming pools, and exercise, entertainment, athletic, playground, or other similar equipment and associated accessories.

 

17)         Report:  To communicate in writing in a home inspection report as defined by the Act and this Part.

 

18)         Representative Number:  One component per room for multiple similar interior components, such as windows, doors, and electric outlets, and one component on each side of the building for multiple similar exterior components.

 

19)         Roof Drainage Systems:  Components used to carry water off a roof and away from a building.

 

20)        Significantly Deficient:  Unsafe or not functioning.

 

21)        Shut Down:  A state in which a system or component cannot be operated by normal controls.

 

22)        Solid Fuel Burning Appliances:  A hearth and fire chamber or similar place in which a fire may be built, and that is built in conjunction with a chimney; or a listed assembly of a fire chamber, its chimney, and related factory-made parts designed for unit assembly without requiring field construction.

 

23)        Structural Component:  A component that supports non-variable forces or weights (dead loads), and variable forces or weights (live loads).

 

24)        System:  A combination of interacting or interdependent components, assembled to carry out one or more functions.

 

25)        Technically Exhaustive Inspection:  An investigation that involves dismantling or the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means.

 

26)        Under-floor Crawl Space:  The area within the confines of the foundation, and between the ground and the underside of the floor.

 

27)        Unsafe:  A condition in a system or component that poses a significant risk of personal injury or property damage during normal, day-to-day use. The risk may be due to damage, deterioration, improper installation, or a change in accepted residential construction standards.

 

28)        Wiring Methods:  Includes identification of electrical conductors or wires such as, but not limited to, non-metallic sheathed cable (Romex), armored cable (BX), or knob and tube.

 

c)         The purpose of this Subpart is to establish a minimum and uniform standard for licensed home inspectors to provide the client with information regarding the condition of the systems and components of the home as inspected at the time of the home inspection.  The home inspectors shall observe readily visible and accessible installed systems and components listed as part of a home inspection, unless the system or component is limited and/or excluded under the executed written contract (i.e., pre-inspection agreement) with the client.

 

d)         Home inspectors or home inspector entities shall enter into an executed written contract with the client or duly authorized representative prior to the home inspection that includes at a minimum:

 

1)         The purpose of the inspection;

 

2)         The date of the inspection;

 

3)         The name, address, and license numbers of the home inspectors and home inspector entity;

 

4)         The fee for services to be performed;

 

5)         A statement that the inspection will be performed, at a minimum, in accordance with the Standards of Practice in this Part;

 

6)         A list of the systems and components to be inspected;

 

7)         The signature of the client or the client's duly authorized representative, and the signature of the home inspector, or the duly authorized representative of a home inspector entity; and

 

8)         Limitations or exclusions of the home inspection services, and the systems or components being inspected.  These may include, but are not limited to, the following:

 

A)        That the home inspector is not required to determine the condition of any component or system that is not readily accessible, the service life expectancy of any component or system, or the cause for the need of replacement of any system or component.

 

B)        That the home inspector is not required to operate any system that is shut down or that does not turn on with the use of normal operating controls.

 

C)        That the home inspector is not required to enter or access any area that may be unsafe or not readily accessible, perform any engineering or environmental services, report on future conditions, or offer warranties, guarantees, or insurance policies of any kind for the property or property systems being inspected.

 

e)         Home inspectors or home inspector entities shall submit a written home inspection report to the client or duly authorized representative within 2 business days after the completed inspection that satisfies, at a minimum, the following requirements:

 

1)         The home inspection report may be in electronic format and shall include a written or electronic signature of the home inspector or the duly authorized representative of a home inspector entity who conducted the home inspection;

 

2)         The home inspection report shall include the names and license numbers of all home inspectors who participated in the home inspection;

 

3)         The on-site inspection beginning time and the weather conditions at the time of the inspection;

 

4)         A description of the condition of the systems and components that were inspected, which may include photos of the systems and components; and

 

5)         Description of those systems and components inspected that, in the opinion of the inspector, are significantly deficient including:

 

A)        A reason why the system or component is significantly deficient;

 

B)        Whether the reported deficiency should be corrected or monitored;

 

C)        Disclosure of any systems or components designated for inspection that were present at the time of the home inspection but were not inspected, and a reason as to why they were not inspected, such as any obstructions or conditions that prevented the inspection.

 

6)         The written home inspection report does not have to include the names of anyone performing ministerial duties related to the home inspection that does not alter the content of the report.

 

f)         These Standards of Practice are not intended to limit home inspectors from:

 

1)         Including other inspection services, systems, or components in addition to those defined in these Standards of Practice;

 

2)         Specifying repairs that the licensed home inspector is qualified and willing to perform; and

 

3)         Excluding systems and components from the inspection if the exclusion is specified in the executed written contract with the client.

 

g)         When, pursuant to the executed written contract with a client, the structural system and foundation is inspected, the home inspector shall:

 

1)         Inspect the structural components, including the foundation and framing;

 

2)         Describe the foundation and its construction type, as well as report the methods used to inspect the under-floor crawl space or basement area, attic, floor, wall, ceiling, framing, and roof;

 

3)         Report visible signs of water and moisture penetration into the building or signs of condensation on building components; and

 

4)         Report any infestation that significantly impacts the structure or integrity of the home.

 

h)         When, pursuant to the executed written contract with a client, the exterior is inspected, the home inspector shall:

 

1)         Inspect the exterior wall covering; exposed foundation; flashing and trim; all exterior doors and windows; siding; attached decks, balconies, stoops, steps, porches; landings, and their associated railings; the eaves, soffits, and fascia or other exposed trim if readily accessible from the ground level; the vegetation, grading, surface drainage, and retaining walls on the property; and if any of these are likely to adversely affect the building, walkways, patios, and driveways leading to dwelling entrances; and

 

2)         Describe the exterior wall covering.

 

i)          When, pursuant to the executed written contract with a client, the roof system is inspected, the home inspector shall:

 

1)         Inspect the roof covering, roof drainage systems, flashings, skylights, chimneys, and roof penetrations; and

 

2)         Describe the roof covering and report the methods used to inspect the roof.

 

j)          When, pursuant to the executed written contract with a client, the plumbing system is observed, the home inspector shall:

 

1)         Inspect and describe in detail:

 

A)        the interior water supply and distribution systems (including fixtures, faucets, piping, drains, waste, and vent systems);

 

B)        water heating equipment;

 

C)        fuel storage and distribution systems; and

 

D)        drainage sumps, sump pump and related piping; and

 

2)         Report the location of main water and main shut-off valves, the water service entry, water distribution piping materials, the type of water heating equipment, the capacity of that equipment, and leaks.

 

k)         When, pursuant to the executed written contract with a client, the electrical system is inspected, the home inspector shall:

 

1)         Inspect the service drop; service entrance conductors, cables, and raceways; service equipment and main disconnects; service grounding; interior components of service panels and subpanels; conductors; overcurrent protection devices; a representative number of installed lighting fixtures, switches, and receptacles; and ground fault circuit interrupters;

 

2)         Describe the amperage and voltage rating of the service, the location of main disconnects and subpanels and the wiring methods;

 

3)         Report on the presence of solid conductor aluminum branch circuit wiring; and

 

4)         Report on any non-compliance with the Carbon Monoxide Alarm Detector Act [430 ILCS 135] and the Smoke Detector Act [425 ILCS 60].

 

l)          When, pursuant to the executed written contract with a client, the heating system is inspected, the home inspector shall:

 

1)         Inspect the permanently installed heating equipment, including fans, pumps, ducts, and piping; their operating controls, supports, registers, radiators, and convectors; and visible vent systems, flues, and chimneys; and

 

2)         Describe the energy source, the heating equipment, and the heating method by their distinguishing characteristics.

 

m)        When, pursuant to the executed written contract with a client, the cooling system is inspected, the home inspector shall:

 

1)         Inspect the permanently installed central and through-wall cooling equipment, and any operating controls; and

 

2)         Describe the energy source and the cooling method by their distinguishing characteristics.

 

n)         When, pursuant to the executed written contract with a client, the interior is inspected, the home inspector shall:

 

1)         Inspect the walls, ceilings, and floors; steps, stairways, balconies and their railings; countertops, installed cabinets, household appliances included with the property, doors, and windows; garage doors, and garage door operators; and

 

2)         Report visible signs of water and moisture penetration into the building or signs of condensation on building components.

 

o)         When, pursuant to the executed written contract with a client, the insulation and ventilation are inspected, the home inspector shall:

 

1)         Inspect the insulation and vapor retarders in unfinished spaces, the ventilation of attics and foundation areas, and the mechanical ventilation systems in attics, kitchens, bathrooms, and laundry; and

 

2)         Describe the insulation and vapor retarders in unfinished spaces and the absence of insulation in unfinished spaces at conditioned surfaces.

 

p)         When, pursuant to the executed written contract with a client, the fireplaces and solid fuel burning appliances are inspected, the home inspector shall:

 

1)         Inspect the system components, vent systems, flues, and chimneys; and

 

2)         Describe the fireplaces, solid fuel burning appliances, and chimneys, and report any significant damage or deterioration that is visible.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.210  Notification of Name Change (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.220  Assumed Name (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.230  Required Information of Applicant or Licensee

 

a)         Address of Record and Email Address of Record

 

1)         Pursuant to Section 2105-7 of the Civil Administrative Code of Illinois [20 ILCS 2105], all applicants and licensees shall provide to the Division a valid address, which shall not be a post office box, and a valid email address which shall serve as the address of record and email address of record, respectively, at the time of application for licensure or renewal of a license; and

 

2)         Inform the Division, in a format and manner prescribed by the Division within 14 days, after any change in the address of record or email address of record.

 

b)         The Division may provide service of documents by email to an applicant’s or licensee’s email address of record in accordance with the Act, the Department of Professional Regulation Law [20 ILCS 2105], or Section 10-75 of the Illinois Administrative Procedure Act [5 ILCS 100]. Service by email shall be deemed complete on the day of transmission regardless of whether the documents are delivered to the applicant’s or license’s spam or junk email folder.

 

c)         Other names used by the licensee.

 

1)         Within 14 days after a name change, a licensee shall notify the Division, in a format and manner prescribed by the Division, of any name change.

 

2)         The licensee shall notify the Division if the licensee regularly practices under an alias, diminutive, or nickname of the licensee's name.

 

3)         If an assumed name is to be used, a certified copy of the assumed name certificate, pursuant to the Assumed Business Name Act [805 ILCS 405] shall be provided.

 

4)         If an individual licensee's name is changed as a result of a court order or change in marital status, the licensee shall:

 

A)        Notify the Division of the name change;

 

B)        Provide the Division with a copy of the court order or certificate relating to the name change; and

 

C)        Indicate the name to be used for licensure.

 

D)        The licensee shall ensure that all CE certificates are issued under the name used for licensure.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.235  Insurance Requirements

 

a)         A licensed home inspector, licensed home inspector entity, or applicant shall maintain general liability insurance in the amount of at least $100,000 to cover any losses or claims against a home inspector, the managing home inspector, or the home inspector entity.

 

b)         The general liability insurance, if applicable, must at all times cover: 

 

1)         the managing home inspector;

 

2)         the home inspector entity;

 

3)         all licensed home inspectors; and

 

4)         all owners, partners, members, managers, officers, directors, and employees of the home inspector entity.

 

c)         The home inspector or home inspector entity shall maintain a current certificate of general liability insurance coverage that includes the name of the applicant or licensee as it appears or will appear on their license, and the dates of coverage.

 

d)         All licensees shall maintain general liability insurance for at least one year after the latest home inspection report or supplemental report the home inspector delivered.

 

e)         The licensee shall maintain all records of general liability insurance coverage in electronic or physical format and make such records available at the Department's request.

 

f)         Failure of an applicant or licensee to carry and maintain this insurance required by the Act and this Part, to timely submit proof of coverage upon the Department's request, or to timely report to the Department any claims made against the policy of insurance may be grounds for refusal to issue or renew a license, or the suspension or revocation of a license.

 

(Source:  Added at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.240  Retention of Records

 

a)         A person or entity licensed under the Act shall be required to maintain a record of home inspections conducted, including the original or true and exact copy of the executed written contract that engaged the licensee's services, the home inspection report, any supplemental reports, as well as any supporting data or documentation used to develop the home inspection report. 

 

b)         These records shall be kept for a period of 5 years after each home inspection is performed or 2 years after the final disposition of any judicial proceeding related to the home inspector's services, which includes any appeal, whichever is longer.

 

c)         The record of home inspections shall be kept in a sequential format and shall include the date of the home inspection, the date of the final home inspection report and any supplemental reports, the name of the client and/or their authorized representative, and the address of the home inspected.

 

d)         These records shall be kept in a physical or electronic format and shall be produced within 30 days after a request by the Department.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.250  General Home Inspection Requirements

 

a)         A home inspector entity licensed pursuant to the Act and this Part shall only utilize licensed home inspectors to conduct home inspections and to sign home inspection reports.

 

b)         The licensed home inspector who signs a home inspection report on behalf of themselves or a home inspector entity shall include:  their name, license number, expiration date of their license, written or electronic signature, and the names and license numbers of all the home inspectors that contributed to the home inspection report or to any supplemental or subsequent written evaluation of that report.

 

c)         The licensed home inspector who signs a home inspection report on behalf of a home inspector entity shall either be the managing home inspector or the entity or the entity's licensed designee.

 

d)         The home inspector entity and the managing home inspector are responsible for the actions of all their licensed and unlicensed employees, agents, independent contractors, and representatives while providing home inspections or home inspection services.

 

e)         Each managing home inspector shall inform the Division, in a manner prescribed by the Division, the name and license number of all home inspectors employed by or associated with the home inspector entity.  Each managing home inspector shall notify the Division of the name and license number of a licensed home inspector whose employment or association with the entity has terminated.  Notification shall be made within 14 days after termination.

 

f)         A home inspector entity shall report to the Division, in a manner prescribed by the Division, any changes to the designated managing home inspector for that entity.

 

g)         Except as otherwise required by law, client information or inspection results shall not be sent to a third party, such as an attorney or other party associated with a real estate transaction, unless there is written consent from the client, and any such written consent shall be kept as part of the home inspector's records.

 

h)         If the licensee intends to use any identifying client information or home inspection results as part of its advertising or for any other commercial purpose, the licensee must obtain written consent and approval from the client prior to its use.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.260  Disclosure of a Conflict of Interest (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.300  Unprofessional Conduct

 

Conduct that constitutes dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public includes, but is not limited to:

 

a)         The licensee conducts services or provides a professional opinion not based on the licensee's own competency, experience, or requisite skill.

 

b)         The licensee grossly misrepresents reported conditions or significance of reported conditions.

 

c)         The licensee discloses any information concerning the results of a home inspection without the approval of the client, except when conditions that threaten health, safety or welfare exist that require emergency action.  If any of these conditions exist, the home inspector is required to report those findings to the homeowner or a duly authorized agent of the owner.

 

d)         The licensee accepts compensation from another party to the real estate transaction, other than the client, for the same service without the written consent of all parties to the transaction.

 

e)         The licensee offers or accepts compensation, directly or indirectly, from other parties dealing with a client while providing a home inspection as consideration or inducement for the referral of business.

 

f)         The licensee performs additional services but fails to provide written notice of the services and/or to secure written consent by the client of a potential or existing conflict that may exist with the home inspection.

 

g)         The licensee fails to promptly disclose in writing to a client any direct or indirect interest in the subject property and fails to secure written consent of the client.

 

h)         The licensee allows an interest in any business to affect the quality of the results of a home inspection.

 

i)          The licensee fails to disclose in writing to the client prior to the home inspection any limitations or exclusions of systems or components being inspected.

 

j)          The licensee aids or assists another in the violation of the Act or this Part.

 

k)         The licensee violates the term of an order issued by the Department.

 

l)          The licensee aids, assists, or facilitates another to use or appropriate credentials or a license for the purpose of preparing a home inspection report knowing that person to be unlicensed.

 

m)        The licensee advises a client as to whether the client should or should not engage in a real estate transaction or provides an opinion of value regarding the residential real property that is the subject of the home inspection.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.310  Felony Convictions; Discipline of Other Professional License; Notification (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.320  Cooperation Required with the Division

 

a)         Pursuant to Section 15-10(a)(16) of the Act, all licensees are required to fully cooperate with any audit, investigation, interrogatory, examination, or request for information regarding any aspect of the licensee's home inspection practice or application for licensure.  Full cooperation includes, but is not necessarily limited to:

 

1)         Providing to the Division a complete copy of a signed home inspection report as it was transmitted to the client, including the executed written contract, any supplemental reports, supporting data, file memoranda, work files, and supporting and/or verification documentation required to be maintained by the Act;

 

2)         Providing to the Division continuing education certificates, records of home inspections, or records of insurance coverage as required to be maintained by the Act or this Part; or

 

3)         Providing to the Division a complete response to any written request, interrogatory, or request for clarification submitted to a licensee or applicant.

 

b)         Pursuant to an agreement, order, disciplinary or non-disciplinary action, the Department may require an applicant or licensee to complete remedial education, additional continuing education, or pre-license education coursework, to provide any reports, records, or other documents pertaining to home inspection practice that the Department may deem necessary to maintain the Standards of Practice, the competency of a licensee, or for the protection of the public.

 

c)         The Department will issue an administrative warning letter that is not considered discipline.  Nothing in this subsection (c) requires an administrative warning letter when immediate disciplinary action is required by the Department.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.330  Administrative Warning Letter (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.340  Additional Education; Reporting Requirements (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.350  Suspension or Denial for Failure to Pay Taxes, Child Support or any Illinois-Guaranteed Student Loan (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.375  Citations for Non-Compliance With Continuing Education Requirements

 

The Division shall conduct audits to verify compliance with the CE requirements of the Act and this Part.  If, during an audit or compliance review, the Division determines that a licensee is deficient in complying with CE requirements, the Division may issue a citation to the licensee, with a copy to the managing home inspector, if any, of the deficiency.  Service of the citation shall be made in person, electronically, or by mail to the licensee at the licensee's address or email address of record.  The licensee shall have 60 days after the date of service of the citation to submit evidence of compliance with CE requirements to the Division and to pay the fine imposed.

 

a)         The citation shall inform the licensee that the licensee may provide the Division with proof that the licensee has completed the required CE prior to the renewal deadline or deadlines associated with the audit.  If satisfactory proof is provided within 60 days after the citation is served, the citation shall become null and void.

 

b)         The citation shall set forth the fine imposed and inform the licensee that the licensee may request a hearing contesting the deficiency within 30 days after the citation is served.

 

c)         The citation shall become a final non-disciplinary order if the cited licensee does not request a hearing within 30 days after the citation is served or if the cited licensee does not provide the Division with proof of completing the required CE, prior to the renewal deadline or deadlines associated with the audit.  The fine shall be payable within 30 days after the date of the final order.

 

d)         A non-disciplinary fine in the amount of $500 shall be assessed for a first citation for noncompliance with CE requirements.  A non-disciplinary fine in the amount of $1,000 shall be assessed for a second citation for noncompliance with CE requirements.  Pursuant to Section 15-10 of the Act, a third and each subsequent citation for noncompliance with CE requirements shall result in publicly disclosed discipline and a fine in an amount not to exceed $2,000.

 

e)         Payment of the non-disciplinary fine does not absolve the person from the responsibility to complete the CE requirements and correct the violation.  Failure to satisfy the CE requirement or failure to pay the non-disciplinary fine may result in disciplinary action for the violations set forth in the citation.

 

f)         If the licensee fails to submit, within the 60-day period after the citation is served, satisfactory evidence of compliance with CE requirements and/or to pay the fine imposed, the licensee shall not engage in activities for which a license is required under the Act until all required CE has been completed and/or payment is made for the fine imposed by the citation and for any fees required to reinstate or restore the license.

 

(Source:  Added at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.380  Hearings

 

All Department administrative hearings shall be conducted in accordance with the Rules of Practice in Administrative Hearings as provided for in 68 Ill. Adm. Code 1110.

 

(Source:  Added at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.400  Fees

 

a)         Initial application fee for a home inspector license pursuant to the Act and this Part.

 

1)         The application fee for an initial license as a home inspector shall be $250.

 

2)         The application fee for an initial license as a home inspector entity shall be $250.

 

b)         Renewal application fee for a home inspector license pursuant to the Act and this Part.

 

1)         The application fee to renew a license as a home inspector shall be $400 per renewal.

 

2)         The application to renew a home inspector entity license shall be $400 per renewal.

 

3)         The application fee to renew a home inspector or home inspector entity license that has expired shall be the sum of all lapsed renewal fees, plus a $50 late fee. 

 

c)         Initial application fee for a license as an education provider, a pre-license course, and a continuing education course.

 

1)         The application fee for a license as an education provider shall be $1,000, plus course application fees.

 

2)         The application fee for a 60-hour pre-license course shall be $150.

 

3)         The application fee for a pre-license field course shall be $150.

 

4)         The application fee for a continuing education course shall be $100.

 

d)         Application fee to renew a license as an education provider, a pre-license course, or a continuing education course.

 

1)         The application fee to renew a license as an education provider shall be $1,000 per renewal.

 

2)         The application fee to renew an education provider license that has expired shall be the sum of all lapsed renewal fees, plus a $50 late fee.

 

3)         The application fee to renew a 60-hour pre-license course shall be $125 per renewal.

 

4)         The application fee to renew an expired 60-hour pre-license course shall be the sum of all lapsed renewal fees, plus a $50 late fee.

 

5)         The application fee to renew a pre-license field course shall be $125 per renewal.

 

6)         The application fee to renew an expired pre-license field course shall be the sum of all lapsed renewal fees, plus a $50 late fee.

 

7)         The application fee to renew a continuing education course shall be $75 per renewal.

 

8)         The application fee to renew an expired continuing education course shall be the sum of all lapsed renewal fees, plus a $50 late fee.

 

e)         For the purposes of determining if a license has expired, the Division shall consider the license expired if the renewal application is received by the Division on a date later than the expiration date.

 

f)         General

 

1)         All fees paid pursuant to the Act and this Part are non-refundable.

 

2)         The fee for a certification of a licensee's record for any purpose is $25.

 

3)         The fee for an applicant to take the written examination for a home inspector license shall be the cost of determining an applicant's eligibility and providing the examination.  The fee shall be paid directly to the designated testing service.  Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged, may result in the forfeiture of the examination fee in accordance with the designated testing service's policies.

 

4)         The fee for an application for continuing education credit from another jurisdiction, or other than as a student in home inspection educational processes and programs shall be $50.

 

5)         The fee for a copy of the transcript of any proceeding under the Act shall be the cost to produce the copy of the transcript.

 

6)         The fee for certifying any record, for example, a copy of a disciplinary order or application, shall be $1 per page.

 

7)         The Department may charge an administrative fee as part of an agreement or order pursuant to Section 15-10 of the Act.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.410  Duties of the Liaison(Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.420  Granting of Variances

 

The Director may grant variances from this Part in cases in which the Director finds that:

 

a)         The provisions from which the variance is granted is not statutorily mandated;

 

b)         The granting of the variance would not be contrary to the public welfare; and

 

c)         Application of the rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.500  Education Provider Application; Requirements

 

a)         In accordance with Section 20-5 of the Act, any person or entity seeking approval to provide pre-license and/or continuing education courses shall submit: 

 

1)         An application, in a manner provided by the Division, that is signed by the applicant and fully completed, along with the applicant's tax identification number and any other supporting documentation as required under Section 20-5 of the Act;

 

2)         The fee required by Section 1410.400; and

 

3)         If applicable, a copy of the Articles of Incorporation, certificate of authority to transact business in Illinois, or other evidence of legal formation or authority filed with the Secretary of State to operate in Illinois.

 

b)         Upon receipt of the required documents in subsection (a) and review of the application, the Division shall issue a license authorizing practice as an education provider or shall notify the applicant of any deficiency.

 

c)         The Department may discipline an education provider and may suspend or revoke the course approval of any course offered by an education provider for failure to comply with the requirements of the Act or this Part.

 

d)         The program of pre-license and/or continuing education delivered by a licensed education provider shall:

 

1)         Be approved by the provider's governing and/or supervising body;

 

2)         Utilize sufficient, qualified, and competent instructors, as determined by the Division, that are licensed home inspectors, or licensed or certified in other professional areas related to home inspection and required by the Standards of Practice;

 

3)         All instructors, including field event supervisors, who are licensed home inspectors in Illinois, shall hold active licenses or licenses in inactive status for no more than 2 years.

 

4)         Offer courses that are approved by the Division and conform to the Standards of Practice established in this Subpart; and

 

5)         Have a designated qualified administrator, who is responsible for the administration of the school, courses, and actions of the instructors.

 

e)         Facilities

 

1)         An education provider must provide adequate personnel for the maintenance of all records, office equipment, and provide office space if necessary for customer service.

 

2)         The premises, equipment, and facilities of the education provider , if offered for in-person courses or public access, shall comply with applicable community, state or federal fire codes, building codes, and health and safety standards.

 

3)         The education provider is subject to inspection prior to approval or at any time thereafter by authorized representatives of the Division.  Inspections shall be conducted during regular business hours, with at least 24 hours advance notice, to ensure proper methods of instruction are being used and to confirm the content of approved courses being taught.

 

4)         No education provider shall maintain an office or conduct in person education courses in a private residence, except that field inspection events or the final field examination may be conducted in a private residence or similar residential structure with direct supervision by the instructor.

 

5)         An education provider shall only conduct in person courses in locations that are conducive to learning, and a separate and distinct space solely occupied by the education provider.

 

f)         Administration

 

1)         No licensed education provider shall advertise that it is endorsed, recommended, or accredited by the Division.  The education provider may indicate that it is licensed by and the course of study has been approved by the Division.

 

2)         Each education provider shall provide a prospective student, prior to enrollment, with information that specifies the course of study to be offered, the delivery method, the tuition, the provider's policy regarding refunds, any additional fees, supplies, materials or books provided, procedures for management of grievances for students and faculty, and other matters that are material to the relationship between the provider and the student.

 

3)         Each education provider shall maintain for each student a record that includes the course of study undertaken, dates of attendance, and a transcript of courses.  All records and any other documentation related to shall be maintained by the education provider for 5 years and shall be made available to the student or to the Division, upon request, during regular business hours.  An education provider may charge a student the cost of reproducing copies of a transcript.

 

4)         Each education provider shall, upon request by the Division, provide evidence of sufficient financial resources available to equip and maintain its program or school.

 

5)         Each education provider shall notify the Division of all proposed changes in its ownership at least 30 days prior to the change in ownership.

 

6)         Each education provider shall issue a transcript or certificate of completion, in a format provided by the Division, within 10 days after a student's successful completion of any course.  Each transcript or certificate of completion shall be authenticated and capable of being verified by the education provider.  The transcript or certificate of completion shall include, but not be limited to, the following information:  the student's name, license number (if applicable), the name and license number of the education provider, the name and license number of the course, the date and method of delivery, and the approved credit hours completed.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.510  Pre-License Education Course Requirements of Education Providers

 

a)         For the purposes of this Section, the pre-license education shall be defined as a program of instruction that meets the curriculum requirements of this Part.

 

b)         Each course shall conform to the applicable course curriculum prescribed by Section 1410.520.

 

c)         The Division shall only grant approval for two types of courses that are part of an overall pre-license education program for a home inspector license.  An education provider must provide at least one of the following:

 

1)         A 60-hour pre-license course of instruction; or

 

2)         A pre-license field course which includes five field inspection events and a final field examination.

 

d)         Each education provider who seeks approval of a course shall submit:

 

1)         An application, in a manner provided by the Division, that is signed and fully completed by the applicant;

 

2)         The appropriate fee required by Section 1410.400;

 

3)         A course description, including the textbooks and material references, learning objectives, a comprehensive timed outline, and if applicable, the final examination, answer key for the examination, and final exam proctor policy;

 

4)         The method of delivery for the courses, such as in-person or classroom, interactive webinar, online distance education, or home-study/correspondence learning; and

 

5)         The name, license number, and expiration date of the education provider's license.

 

6)         For field inspection events, the name and license number of the home inspector supervising; and

 

7)         For the final field examination, the requirements as outlined in Section 1410.520.

 

e)         A licensed education provider shall verify student attendance for all courses presented in a classroom, by interactive webinar, or by online distance education.

 

f)         Education providers are not required to, but may offer a final examination for the 60-hour pre-license course that is presented in a live classroom, as an interactive webinar, or in an online distance education format.

 

1)         If in-person, live or interactive webinar 60-hour pre-license course is not offered with a final examination, an education provider shall verify student participation by answering or responding to questions initiated by the instructor at least once per credit hour of instruction.

 

2)         If an online distance education 60-hour pre-license course is not offered with a final examination, an education provider shall demonstrate proficiency with the subject matter of the course through verifiable responses to questions included in the course content initiated at least once per credit hour of instruction.

 

3)         If a final examination is offered for the 60-hour pre-license course, no student shall be deemed to have successfully completed the course unless the student has scored a minimum of 70% on the final examination.

 

g)         Each 60-hour pre-license course offered as a home study or correspondence course shall include a proctored final examination.

 

1)         The proctored final examination shall include a minimum of 2 questions for each credit hour.  For example, a 60-hour course would require a 120-question examination.  No student shall be deemed to have successfully completed the course unless the student has scored a minimum of 70% on the final examination.

 

2)         For the final examination, the proctor shall authenticate the identity of the student taking the examination; monitor the student and the examination-taking process to ensure that the examination is completed without the aid of additional persons or resources, unless approved by the Division; and protect the confidentiality of test materials and any personal information of the students.

 

3)         Proctors must be impartial third parties and may not be an applicant's or licensee's relative.  Proctors must also abide by all State and federal regulation as it relates to privacy when proctoring exams and processing student information.

 

h)         Courses may also be offered as a hybrid of two different delivery methods upon approval by the Division.  Home study or correspondence courses will not be considered as part of a hybrid delivery method.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.520  Pre-License Education and Curriculum

 

a)         To sit for the home inspector written examination, an individual must complete the pre-license education of 60 credit hours of instruction, 5 field inspection events, and a final field examination.

 

b)         The content for pre-license education shall represent a progression of instruction and must include the following topics at a minimum:

 

1)         Exteriors:  Exterior study must include, at a minimum, the methods and techniques for identifying, describing, and inspecting the following:

 

A)        Exposed foundations.

 

B)        Siding, exterior doors and windows, exterior wall covering material, flashing and trim, eaves, soffits, and fascia, including aluminum, brick, vinyl, steel asphalt, hardboard, stucco, wood, and exterior insulation finish system.

 

C)        Gutter and drainage control systems.

 

D)        Porches, attached decks, balconies, stoops, steps, landings, and railings, including the structural composition.

 

E)        Vegetation, grading, and surface drainage, including retaining walls, walkways, driveways, and patios leading to a dwelling entrance.

 

2)         Interiors:  Interior study must include, at a minimum, the methods and techniques for identifying, describing, and inspecting the following:

 

A)        Wall, ceiling, and floor defects.

 

B)        Step, stair, balconies, and railing defects.

 

C)        Countertop, cabinet, and island defects, as they pertain to a kitchen or other type room.

 

D)        Interior and exterior door defects.

 

E)        Window defects and operation.

 

F)         Garage door defects, garage door opener defects, and garage structure defects, including fire safety and habitability.

 

G)        Water related or seepage related sources.

 

3)         Roofing:  Roofing study must include, at a minimum, the methods and techniques for identifying, describing, and inspecting the following:

 

A)        Types and styles of roofs.

 

B)        Roofing materials used, including asphalt, cedar shake, cedar shingle, tar, residential rolled roofing, clay or concrete tiles, slate, metal and asbestos. 

 

C)        Skylights, flashings, roof coverings, and roof drainage systems.

 

D)        Chimneys and other penetrations, including proper height and composition.

 

4)         Plumbing:  Plumbing study must include, at a minimum, the methods and techniques for identifying, describing, and inspecting the following:

 

A)        The interior water supply and main distribution system, including all fixtures, faucets, valves, and materials.

 

B)        All piping, drain, waste, and vent systems, including all fixtures and materials.

 

C)        Water heating systems and their capacity.

 

D)        Fuel storage and distribution systems and materials.

 

E)        All drainage control devices, including sump pumps, ejector pumps, or other related piping.

 

F)         Water source, water service entry, and sewer distribution.

 

5)         Electrical:  Electrical study must include, at a minimum, the methods and techniques for identifying, describing, and inspecting the following:

 

A)        Main service equipment, main disconnects, including the size, location, amperage, voltage, overcurrent protection such as a breaker or a fuse, service drop, service entrance conductors, cables, and raceways.

 

B)        The branch distribution, including fuse boxes, breaker boxes, service panels, and subpanels.

 

C)        All overcurrent protection devices and wire type identification.

 

D)        Installed lighting fixtures, switches, and receptacles.

 

E)        Safety controls or devices, including ground fault circuit interrupters.

 

F)         Carbon monoxide alarms and smoke detectors in compliance with State law.

 

6)         Heating, ventilation and air conditioning (HVAC) study must include, at a minimum, the methods and techniques for identifying, describing, and inspecting the following:

 

A)        Installed heating and cooling equipment, operating controls, and ventilation including fans, ducts, radiators, gas forced air, fuel oil forced air, heat pumps, electric forced air, and hydronic heating equipment, as well as the distribution related to the various types.

 

B)        Energy sources and distribution systems.

 

C)        Flue pipes, chimneys, and spent gas removal systems.

 

D)        All related safety controls or devices.

 

E)        Installed cooling systems, including central and window mounted systems.

 

F)         Insulation and vapor retarders in unfinished spaces, the ventilation of attics and foundation areas, and mechanical ventilation systems.

 

7)         Structural:  Structural study must include, at a minimum, the methods and techniques for identifying, describing, and inspecting the following:

 

A)        All structural components and their construction type, including the foundation, floor, wall, ceiling, under floor crawl space, basement, attic, and wall framing.

 

B)        All foundation support systems, including poured concrete, concrete block, brick, stone and wood, and all related perimeter footing systems.

 

C)        Water related or seepage related sources.

 

D)        Flood control devices.

 

E)        Roof structure and systems related to composition.

 

F)         Under-roof and under-floor ventilation.

 

G)        Insulation and vapor protection systems.

 

H)        Infestation that significantly impacts the structure or integrity of the home.

 

8)         Appliances and fireplaces:  Appliance and fireplace study must include, at a minimum, the methods and techniques for identifying, describing, and inspecting the following:

 

A)        All fireplaces, solid fuel burning appliances, chimneys, and vents.

 

B)        All major household appliances included with the property, including but not limited to range, stove, oven, refrigerator, window air conditioner, washer, dryer, trash compactor and garbage disposal, and other appliances that may be part of a real estate transaction.

 

9)         Applicable Laws:  Illinois specific law study must include, at a minimum:

 

A)        Specific knowledge and understanding of the Illinois Home Inspector License Act and this Part.

 

B)        General knowledge and understanding of the Illinois Human Rights Act [775 ILCS 5].

 

C)        General knowledge and understanding of contract law.

 

10)       Standards of Practice:  Standards of Practice study must include, at a minimum:

 

A)        Required disclosures to a client;

 

B)        Required report content;

 

C)        Competent report writing; and

 

D)        Specific knowledge of business practices and Standards of Practice.

 

11)       Five Field inspection events in residential real property.

 

A)        Field inspection events must be conducted under the direct supervision of an Illinois licensed home inspector with at least five years' experience, on-site and in person.  A licensed home inspector can supervise a maximum of five licensure candidates in each field inspection event.

 

B)        Field inspection events are conducted for the purpose of learning inspection methodology, techniques, communication, and observation skills, and describing observed conditions.

 

C)        The student may accompany the home inspector on a home inspection that may qualify as a field inspection event, but shall not perform or participate in any home inspection that is paid for by a client of the supervising home inspector, instructor, or of any home inspector.

 

D)        The required five field inspection events shall not all be the same type of residential real property, if feasible, but offer a variety of homes to inspect.

 

12)       A final field examination to be performed by the students after all 5 field inspection events are completed.  The content, logistics, and administration of the examination will be developed and determined by the education provider.  At a minimum, the examination shall include the following specifications:

 

A)        A draft or mock written home inspection report to be completed by the students;

 

B)        The report based on either one of the 5 field inspection event properties, or an additional property that is of a similar residential type to a field inspection event previously performed;

 

C)        The report shall include a description and inspection performed of each system identified in Sections 1410.200 and 1410.520.

 

D)        The report shall cover the identification of components and potential defects of each system.

 

E)        No student shall be deemed to have passed the final field examination unless the student has scored a minimum of 70% on the examination.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.530  Example of Acceptable Pre-License Education Program (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.540  Continuing Education Course Requirements of Education Providers

 

a)         A continuing education course shall be at least 1 hour in length and shall meet the course curriculum prescribed in Section 1410.550.

 

b)         Each education provider who seeks approval of a continuing education course shall submit:

 

1)         An application, in a manner provided by the Division, that is signed and fully completed by the applicant;

 

2)         The appropriate fee required by Section 1410.400;

 

3)         A course description, including the textbooks and material references, learning objectives, a comprehensive timed outline, the final examination, answer key for the examination, and if applicable, the final exam proctor policy;

 

4)         The method of delivery for the courses, such as in-person or classroom, interactive webinar, online distance education, or home-study/correspondence learning;

 

5)         The name, license number, and expiration date of the education provider's license; and

 

6)         An examination with answer key that includes a minimum of 8 questions per one credit hour of course instruction.

 

c)         Education providers are required to provide a final examination for all continuing education courses.  A licensed education provider shall verify student attendance for all courses presented in a classroom, by interactive webinar, or by online distance education.

 

d)         Each continuing education course offered as a home study or correspondence course shall include a proctored final examination.

 

1)         The proctored final examination shall include a minimum of 8 questions for each credit hour. For example a 2-hour course would require a 16-question examination.

 

2)         For the final examination, the proctor shall authenticate the identity of the student taking the examination; monitor the student and the examination-taking process to ensure that the examination is completed without the aid of additional persons or resources, unless approved by the Division; and protect the confidentiality of test materials and any personal information of the students.

 

3)         Proctors must be impartial third parties and may not be an applicant's or licensee's relative.  Proctors must also abide by all state and federal regulation as it relates to privacy when proctoring exams and processing student information.

 

e)         No student shall be deemed to have successfully completed the course unless the student has scored a minimum of 70% on the course examination.

 

f)         Courses may be offered as a hybrid of two different delivery methods upon approval by the Division.  Home study or correspondence courses will not be considered as part of a hybrid delivery method.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.550  Curriculum and Credit for Continuing Education

 

a)         A licensed home inspector who applies for renewal of their home inspector license shall successfully complete a total of 12 hours of approved continuing education during each 2-year renewal cycle.  Continuing education must consist of a minimum of 8 hours of mandatory courses.

 

b)         Continuing education courses for a home inspector shall include course work designed to increase the home inspector's skill, knowledge, and competency in home inspections and shall cover topics such as the following:

 

1)         Mandatory courses include but are not limited to:

 

A)        Identifying and inspecting the following components and systems:

 

i)          Exteriors;

 

ii)         Interiors;

 

iii)        Roofing;

 

iv)        Plumbing;

 

v)         Electrical;

 

vi)        HVAC;

 

vii)       Structural;

 

viii)      Fireplaces, solid fuel burning appliances, and household appliances;

 

B)        Applicable laws and Standards of Practice; and

 

C)        Sexual Harassment Prevention Training which can be counted toward the continuing education hours for each renewal period pursuant to the Department of Professional Regulation Law [20 ILCS 2105].

 

2)         Elective courses include, but are not limited to:

 

A)        Business concepts and marketing techniques;

 

B)        Report writing/customer relations overview;

 

C)        Radon assessment/overview;

 

D)        Commercial inspection procedures;

 

E)        Mold assessment/overview;

 

F)         Asbestos assessment/overview;

 

G)        Smart homes

 

H)        Building codes;

 

I)         Home Inspector ethics;

 

J)         Safety and maintenance;

 

K)        New construction;

 

L)        Climate/Environmental Issues;

 

M)       Efficiency inspections.

 

c)         Any continuing education course that offers certification in a subject matter that is outside the Department's regulatory authority shall include a disclaimer advising students that the content is not included in the Standards of Practice and the certification is not endorsed by the Department.

 

d)         Continuing education credit may also be granted by the Division for participation, other than as a student, in home inspection educational processes and programs.  Examples of activities for which credit may be granted are teaching, program development, or authorship of textbooks.  A home inspector who wishes to obtain continuing education credit for these activities shall submit to the Division:

 

1)         An application, in a manner provided by the Division, that is signed and fully completed by the applicant; and

 

2)         The fee required by Section 1410.400.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.560  Distance Education (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.570  Expiration and Renewal for Education Providers and Pre-License and Continuing Education Courses

 

a)         All education provider licenses, pre-license and continuing education courses shall expire on December 31 of odd-numbered years.

 

b)         Education providers who seek to renew their license, and pre-license and continuing education courses shall submit to the Division:

 

1)         An application, on forms and in a manner prescribed by the Division, that is signed and fully completed;

 

2)         Any course materials requested by the Division during the renewal application process; and

 

3)         The fees required by Section 1410.400.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.580  Continuing Education Reporting

 

a)         Each licensed education provider, pursuant to Section 20-5 of the Act, licensed to offer approved continuing education courses shall submit to the Division, in a manner prescribed by the Division, on or before the 15^th of each month, a report of those licensees successfully completing the continuing education courses offered by the education provider during the preceding calendar month.

 

b)         The monthly reports shall include, but not be limited to, the following information for each home inspection licensee:

 

1)         The licensed home inspector's name, address, and license number;

 

2)         The education provider's name and license number; and

 

3)         The continuing education course name and license number.

 

c)         If an education provider fails to file monthly reports when required, the education provider may be subject to discipline pursuant to the procedures set forth in the Act and this Part until all delinquent reports, processing fees, and administrative fees have been received by the Division.

 

(Source:  Amended at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.590  Transcript or Certificate of Completion (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.600  Hearings (Repealed)

 

(Source:  Repealed at 48 Ill. Reg. 2424, effective February 2, 2024)

 

Section 1410.610  Pre-License Education Transitional Provisions

 

a)         Beginning March 1, 2024, the Division will begin accepting applications for pre-license and continuing education courses that comply with the new requirements and curriculum established in this Part.

 

b)         Beginning January 1, 2025, all pre-license and continuing education courses offered and made available to the public must conform to the new requirements and curriculum established in this Part.  A pre-license or continuing education course that does not comply with the new requirements and curriculum will not be accepted or is ineligible for renewal.

 

c)         Beginning January 1, 2025, students seeking licensure or licensees seeking renewal under this Act shall only be enrolled in pre-license or continuing education that is in compliance with the new requirements and curriculum of this Part.

 

(Source:  Added at 48 Ill. Reg. 2424, effective February 2, 2024)