The Home Inspector License Act (P.A. 92-0239)

P.A. 92-0239, effective August 3, 2001, created the Home Inspector License Act. 225 ILCS 441/1 et seq. (2001). Beginning January 1, 2003, any persons who advertise, practice, or hold themselves out to be a home inspector, or create home inspection reports, must have a home inspector license granted under the Act. Persons, including individuals or entities, who violate the Act are guilty of a Class A misdemeanor. The new licensing requirements do not apply to state or local code enforcement officials or licensed state officials acting within the scope of their official duties, or to homeowners or lessors preparing bids or estimates on work necessary to their property. Section 5-5(c).

Persons seeking to obtain a home inspector license must apply to the Office of Banks and Real Estate (OBRE), be at least 21, have a high school diploma or have completed an equivalency examination, take and pass an OBRE-authorized exam, and provide proof of completion of the required classroom hours. Section 5-10. The classroom hours can be avoided if the applicant is an Illinois resident, applies to OBRE within six months of the Act's effective date, and shows proof of two years of practice as an inspector and at least 200 completed inspections within the two years prior to the effective date of this Act. Section 5-15. Non-Illinois residents who are validly licensed home inspectors in another state can qualify for an Illinois license without examination if OBRE reciprocity guidelines are met. Section 5-20.

Violation of the Act results in a civil penalty to OBRE not exceeding $10,000 plus any penalties at law. Section 15-5(a). The OBRE has authority to investigate questionable conduct and issue cease and desist orders. The Act details the grounds for and methods of disciplinary action. Section 15. The OBRE may refuse to issue or renew a license for behavior such as defaults on educational loans and nonpayment of child support. Sections 15-45 and 15-50. Any funds collected under the Act are deposited into the new Home Inspector Administration Fund. Section 25-5. Finally, a new seven-member Home Inspector Advisory Board is created to advise the OBRE on inspector licensing and education issues.

© ATG atgc0204vol26

 

Print this page