2019 - 2020 LEGISLATURE
December 5, 2019 - Introduced by Representatives Brooks, Magnafici, Allen,
Brostoff, Novak, Sinicki, Skowronski, Spiros, Subeck and C. Taylor,
cosponsored by Senators Bernier and Olsen. Referred to Committee on
Regulatory Licensing Reform.
1An Act to repeal
440.9715 (1) and 440.9715 (3); 2to renumber and amend
440.9712 (1), 440.9715 (intro.) and 440.9715 (2); to
440.9712 (title), 440.9712 (1m), 440.9712 (2), 440.972 (title) and (1) 4
(intro.), (a) and (c), 440.972 (2), 440.973 (1), 440.973 (2), 440.973 (3), 440.974 (1) 5
(a), 440.974 (2), 440.975 (3) (cm), 440.978 (2) (intro.), (a) and (c), 440.978 (4) 6
(intro.), 440.978 (5) (intro.) and 440.979 (1); and to create
440.972 (1) (bg) and 7
(br), 440.972 (1m), 440.974 (1) (ag) and (ar), 440.975 (3) (bm) and 440.975 (3) 8
(cr) of the statutes; relating to: regulation of home inspectors, extending the
9time limit for emergency rule procedures, providing an exemption from
10emergency rule procedures, and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, subject to certain exceptions, no individual may act as a
home inspector, use the title “home inspector," use any title or description that
implies that he or she is a home inspector, or represent himself or herself to be a home
inspector unless the individual is registered with the Department of Safety and
Professional Services. Similarly, no business entity may provide home inspection
services, and no business entity may use the title “home inspectors" to describe the
business entity's services, unless each of the home inspectors employed by the
business entity is so registered. In order to become a registered home inspector, an
individual must not have a disqualifying criminal record and must pass an
examination approved by DSPS. The practice of home inspectors is governed by
statutes and by rules promulgated by DSPS. This bill does the following with respect
to the law governing home inspectors:
1. Requires home inspectors to be licensed, rather than registered. The bill
grandfathers current registrants in as licensees.
2. Requires, in order to be granted a home inspector license, that an individual
complete 120 hours of instruction and 40 hours of field training, as well as the
requirements under current law for a home inspector registration.
3. Provides for reciprocal licensure of home inspectors licensed in other states
who have comparable or more stringent requirements.
4. Adjusts the contents that a report submitted by a home inspector to a client
is required to contain, including by adding a number of required elements for the
report and requiring defects to be identified as such.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
440.9712 (title) of the statutes is amended to read:
(title) Registration License required; exceptions.
440.9712 (1) of the statutes is renumbered 440.9712 (1) (a) and 4
amended to read:
(a) Except as provided in s. 440.9715 par. (b)
, no individual may 6
act as a home inspector, use the title “home inspector", inspector,”
use any title or 7
description that implies that he or she is a home inspector,
or represent himself or 8
herself to be a home inspector unless the individual is registered licensed
under this 9
440.9712 (1m) of the statutes is amended to read:
No business entity may provide home inspection services unless 2
each of the home inspectors employed by the business entity is
registered licensed 3
under this subchapter.
440.9712 (2) of the statutes is amended to read:
No business entity may use, in connection with the name or 6
signature of the business entity, the title “home inspectors" to describe the business 7
entity's services, unless each of the home inspectors employed by the business entity 8
is registered licensed
under this subchapter.
440.9715 (title) of the statutes is repealed.
440.9715 (intro.) of the statutes is renumbered 440.9712 (1) (b) 11
(intro.) and amended to read:
(b) (intro.) A registration license
is not required under this 13
subchapter for any of the following:
440.9715 (1) of the statutes is renumbered 440.9712 (1) (b) 1.
440.9715 (2) of the statutes is renumbered 440.1912 (1) (b) 2. and 16
amended to read:
(b) 2. An individual who constructs, repairs,
or maintains 18
improvements to residential real property, if the individual conducts home 19
inspections only as part of his or her business of constructing, repairing,
maintaining improvements to real property and if the individual
does not describe 21
himself or herself as a registered licensed
home inspector or convey the impression 22
that he or she is a registered licensed
440.9715 (3) of the statutes is renumbered 440.9712 (1) (b) 3.
440.972 (title) and (1) (intro.), (a) and (c) of the statutes are 25
amended to read:
(title) Registration Licensure of home inspectors. (1)
The department shall register grant a home inspector license to
an individual under
3this subchapter applicant
if the individual applicant
does all of the following:
(a) Submits an application for registration
to the department on a form 5
provided by the department.
(c) Submits evidence satisfactory to the department that he or she is not subject 7
to a pending criminal charge, or has not been convicted of a felony, misdemeanor or 8
other offense, the circumstances of which substantially relate to the practice of home
9inspection subject to ss. 111.321, 111.322, and 111.335
440.972 (1) (bg) and (br) of the statutes are created to read:
(bg) Submits evidence satisfactory to the department that he or she 12
has completed at least 120 hours of instruction approved by the department under 13
s. 440.974 (1) (ag). No more than 60 hours of the required hours may be satisfied 14
through remote learning, online programs or other comparable means that do not 15
involve in-person, classroom instruction.
(br) Submits evidence satisfactory to the department that he or she has 17
completed at least 40 hours of field training approved by the department under 18
under s. 440.974 (1) (ar) that is conducted by a home inspector licensed in this state.
440.972 (1m) of the statutes is created to read:
The department shall grant a home inspector license to an 21
applicant who is licensed in good standing as a home inspector in another state if the 22
applicant complies with sub. (1) (a), (b), (c), and (d) and the other state has licensing 23
requirements that the department determines meet or exceed those required under 24
440.972 (2) of the statutes is amended to read:
The renewal date for certificates licenses
granted under this 2
section is specified under s. 440.08 (2) (a) 38g.
, and the renewal fee for such 3certificates licenses
is determined by the department under s. 440.03 (9) (a).
440.973 (1) of the statutes is amended to read:
No person may be registered licensed
under this subchapter unless 6
he or she passes an examination approved by the department. In approving an 7
examination under this subsection, the department shall consider the use of an 8
examination that is similar to an examination that is required for membership in the 9
American Society of Home Inspectors.
440.973 (2) of the statutes is amended to read:
The department shall conduct examinations for home inspector 12registration licensure
at least semiannually at times and places determined by the 13
440.973 (3) of the statutes is amended to read:
An individual is not eligible for examination unless the individual 16
has satisfied the requirements for registration
under s. 440.972 (1) (a) to
17(c) and (b)
at least 30 days before the date of the examination.
440.974 (1) (a) of the statutes is amended to read:
(a) Standards for acceptable examination
performance by an 20
applicant for registration licensure under this subchapter on an examination under
21s. 440.973 (1)
440.974 (1) (ag) and (ar) of the statutes are created to read: