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NEW JERSEY REGISTER
VOLUME 35, NUMBER 13
MONDAY, JULY 7, 2003
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY STATE BOARD OF ARCHITECTS
SCOPE OF PRACTICE; HOME INSPECTIONS


Proposed New Rule: N.J.A.C. 13:27-4.12

Authorized By: New Jersey State Board of Architects, Dr. James Hsu, Executive Director.

Authority: N.J.S.A. 45:3-3 and 45:8-71.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2003-249.

Submit written comments by September 5, 2003 to:

Dr. James Hsu, Executive Director

New Jersey State Board of Architects

124 Halsey Street

PO Box 45001

Newark, New Jersey 07101

The agency proposal follows:

Summary

Pursuant to N.J.S.A. 45:8-71 (P.L. 1997, c.323), an architect licensed by the Board of Architects (the Board) may perform home inspections if the architect possesses the requisite qualifications. Pursuant to that specific statutory authority and its general rulemaking authority, N.J.S.A. 45:3-3, the Board is proposing a new rule, N.J.A.C. 13:27-4.12, which states that architects are eligible for licensure as a home inspector and describes the licensure procedure.

N.J.A.C. 13:27-4.12(a) provides that a Board-licensed architect may apply to the Board for certification of eligibility for licensure as a home inspector.

N.J.A.C. 13:27-4.12(b) requires an architect who wishes to be licensed as a home inspector to submit an application and application fee to the Board in order to become licensed as a home inspector. The licensee must document in the application that the applicant possesses the requisite training, education and experience in certain systems and components contained in a house in order to conduct home inspections.

N.J.A.C. 13:27-4.12(c) provides that the Board will review the qualifications of the licensee to determine if the applicant is qualified to perform a home inspection pursuant to the requirements outlined in subsection (b). If the Board determines that the applicant is qualified to perform home inspections, the Board will then forward the approved application to the Home Inspection Advisory Committee (the Committee) for the issuance of a home inspection license to the architect.

N.J.A.C. 13:27-4.12(d) directs the architect, once approved by the Home Inspection Advisory Committee and upon issuance of a home inspection license by the Committee, to pay the license fees set forth in N.J.A.C. 13:40-15.23 and to perform home inspections in accordance with the rules of the Committee as set forth in N.J.A.C. 13:40-15.

The Board has provided a 60-day comment period on this proposal. Therefore, the proposal is exempt from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The proposed new rule implements N.J.S.A. 45:8-71, which permits a licensed architect to obtain a home inspection license. The Board believes that the proposed new rule will benefit the public by ensuring that architects who wish to perform home inspections are qualified to do so by showing that they possess the required training, education and experience. The proposed new rule will also benefit architects who are likely to seek home inspection licensure by outlining the procedure by which a license may be obtained and the qualifications for obtaining a home inspector license.

Economic Impact

An architect who wishes to be licensed as a home inspector must submit an application for license. The architect must pay all appropriate fees set forth in N.J.A.C. 13:40-15.23 including: application fee $125.00; initial license fee $500.00 ($250.00 if the license is issued in the second year of the biennial period), and renewal fee $500.00.

Federal Standards Statement

A Federal standards analysis is not required because the proposed new rule does not have any applicable Federal standards or requirements.

Jobs Impact

The Board does not believe that the proposed new rule will either increase or decrease jobs in the State. The rule states that architects may be licensed as home inspectors and ensures that architects who perform such inspections are qualified to do so.

Agriculture Industry Impact

The proposed new rule will have no impact on the agriculture industry in the State.

Regulatory Flexibility Analysis

The Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., (the Act) requires the Board to give a description of the types and an estimate of the number of small businesses to which the proposal will apply. If, for the purposes of the Act, the approximately 8,000 licensed architects are considered "small businesses" within the meaning of the Act, then the following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping, and other compliance requirements of the proposed new rule including the kinds of professional services likely to be needed to comply with the requirements. The Act further requires the Board to estimate the initial and annual compliance costs, outline the manner in which it has designed the rules to minimize any adverse economic impact upon small businesses, and to set forth whether the rules establish differing compliance requirements for small businesses.

The proposed new rule does not contain reporting or recordkeeping requirements but does contain several compliance requirements which have been described in the Summary above.

N.J.A.C. 13:27-4.12(b) details how a licensed architect must apply for licensure to become a home inspector. N.J.A.C. 13:27-4.12(d) states that the licensee, once issued a license by the Committee, is subject to the license fees set forth in N.J.A.C. 13:40-15.23 and must perform home inspections in accordance with the rules of the Committee found at N.J.A.C. 13:40-15.

Costs of compliance are discussed in the Economic Impact above. The Board believes that no professional services will be needed to comply with the proposed new rule. In order to ensure that all home inspection services are provided uniformly throughout the State, all licensees will be expected to comply with the proposed new rule and no different compliance requirements have been imposed based on the size of the business.

Smart Growth Impact

The Board does not anticipate that the proposed new rule will have any impact on implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Full text of the proposed new rule follows:

<< NJ ADC 13:27-4.12 >>

13:27-4.12 Scope of practice; home inspections

(a) An architect licensed by the Board of Architects may apply to the Board for certification of eligibility for licensure as a home inspector.

(b) The licensed architect shall submit to the Board an application provided by the Board and the application fee in the amount set forth in N.J.A.C. 13:40-15.23. The licensed architect shall document through submission of the application that the architect possesses the requisite training, education and experience to conduct home inspections specifically related to the following systems and components:

1. Structural components;

2. Exterior components;

3. Roofing system;

4. Plumbing system;

5. Electrical system;

6. Heating system;

7. Cooling system;

8. Interior component system;

9. Insulation system;

10. Ventilation system;

11. Fireplace system;

12. Solid fuel burning appliances or systems; and

13. Related residential housing component systems.

(c) The Board shall review the qualifications of the licensed architect to determine whether the architect is qualified to perform a home inspection pursuant to the requirements of (b) above. If the Board determines that the applicant is qualified to perform home inspections, the Board shall refer the application to the Home Inspection Advisory Committee which shall issue a home inspector license to the architect in accordance with the requirements of N.J.A.C. 13:40-15.

(d) Upon issuance of a home inspection license by the Committee, the architect shall be subject to the license fees set forth in N.J.A.C. 13:40-15.23 and shall perform home inspections in accordance with the rules of the Committee as set forth in N.J.A.C. 13:40-15.


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Posted July 8, 2003