AB334-ASA1,2,1514
(a) The condition of the improvements to residential real property that contains
15not more than 4 dwelling units.
AB334-ASA1,2,1716
(b) The condition of mechanical and structural components of the
17improvements specified in par. (a).
AB334-ASA1,2,19
18(6) "Home inspector" means an individual who, for compensation, conducts a
19home inspection.
AB334-ASA1,2,22
20(7) "Technically exhaustive" means the extensive use of measurements,
21instruments, testing, calculations and other means to develop scientific or
22engineering findings, conclusions or recommendations.
AB334-ASA1,2,24
23440.971 Registry established. The department shall establish a registry of
24home inspectors.
AB334-ASA1,3,5
1440.9712 Registration required. (1) Except as provided in s. 440.9715, no
2individual may act as a home inspector, use the title "home inspector", use any title
3or description that implies that he or she is a home inspector or represent himself or
4herself to be a home inspector unless the individual is registered under this
5subchapter.
AB334-ASA1,3,8
6(1m) No business entity may provide home inspection services unless each of
7the home inspectors employed by the business entity is registered under this
8subchapter.
AB334-ASA1,3,12
9(2) No business entity may use, in connection with the name or signature of the
10business entity, the title "home inspectors" to describe the business entity's services,
11unless each of the home inspectors employed by the business entity is registered
12under this subchapter.
AB334-ASA1,3,14
13440.9715 Applicability. A registration is not required under this subchapter
14for any of the following:
AB334-ASA1,3,17
15(1) An individual who conducts a home inspection while lawfully practicing
16within the scope of a license, permit or certificate granted to that individual by a state
17governmental agency.
AB334-ASA1,3,23
18(2) An individual who constructs, repairs or maintains improvements to
19residential real property, if the individual conducts home inspections only as part of
20his or her business of constructing, repairing or maintaining improvements to real
21property and if the individual does not describe himself or herself as a registered
22home inspector or convey the impression that he or she is a registered home
23inspector.
AB334-ASA1,3,25
24(3) An individual who conducts home inspections in the normal course of his
25or her employment as an employe of a federal, state or local governmental agency.
AB334-ASA1,4,3
1440.972 Registration of home inspectors. (1) The department shall
2register an individual under this subchapter if the individual does all of the
3following:
AB334-ASA1,4,54
(a) Submits an application for registration to the department on a form
5provided by the department.
AB334-ASA1,4,66
(b) Pays the fee specified in s. 440.05 (1).
AB334-ASA1,4,107
(c) Submits evidence satisfactory to the department that he or she is not subject
8to a pending criminal charge, or has not been convicted of a felony, misdemeanor or
9other offense, the circumstances of which substantially relate to the practice of home
10inspection.
AB334-ASA1,4,1111
(d) Passes an examination under s. 440.973 (1).
AB334-ASA1,4,13
12(2) The renewal date and renewal fee for certificates granted under this section
13are specified under s. 440.08 (2) (a) 38g.
AB334-ASA1,4,18
14440.973 Examinations. (1) No person may be registered under this
15subchapter unless he or she passes an examination approved by the department. In
16approving an examination under this subsection, the department shall consider the
17use of an examination that is similar to an examination that is required for
18membership in the American Society of Home Inspectors.
AB334-ASA1,4,21
19(2) The department shall conduct examinations for home inspector
20registration at least semiannually at times and places determined by the
21department.
AB334-ASA1,4,24
22(3) An individual is not eligible for examination unless the individual has
23satisfied the requirements for registration under s. 440.972 (1) (a) to (c) at least 30
24days before the date of the examination.
AB334-ASA1,5,2
1440.974 Rules. (1) The department shall promulgate rules necessary to
2administer this subchapter, including rules to establish all of the following:
AB334-ASA1,5,43
(a) Standards for acceptable examination performance by an applicant for
4registration.
AB334-ASA1,5,95
(b) Subject to s. 440.975, standards for the practice of home inspection by home
6inspectors and standards for specifying the mechanical and structural components
7of improvements to residential real property that are included in a home inspection.
8The rules promulgated under this paragraph may not require a home inspector to
9use a specified form for the report required under s. 440.975 (3).
AB334-ASA1,5,1210
(c) Subject to s. 440.975, the information that a home inspector is required to
11provide to a client concerning the results of the home inspection conducted by the
12home inspector.
AB334-ASA1,5,16
13(2) The department shall promulgate rules establishing continuing education
14requirements for individuals registered under this subchapter. The rules
15promulgated under this subsection shall require the completion of at least 20 hours
16of continuing education during each calendar year.
AB334-ASA1,5,19
17440.975 Standards of practice. (1) In this section, "reasonably competent
18and diligent inspection" means an inspection that complies with the standards
19established under this subchapter or the rules promulgated under this subchapter.
AB334-ASA1,6,2
20(2) A home inspector shall perform a reasonably competent and diligent
21inspection to detect observable conditions of an improvement to residential real
22property. Except for removing an access panel that is normally removed by an
23occupant of residential real property, this subsection does not require a home
24inspector to disassemble any component of an improvement to residential real
1property. A reasonably competent and diligent inspection under this subsection is
2not required to be technically exhaustive.
AB334-ASA1,6,4
3(3) After completing a home inspection, a home inspector shall submit a
4written report to a client that does all of the following:
AB334-ASA1,6,75
(a) Lists the components of an improvement to residential real property that
6the home inspector is required to inspect under the rules promulgated under s.
7440.974 (1) (b).
AB334-ASA1,6,98
(b) Lists the components of an improvement to residential real property that
9the home inspector has inspected.
AB334-ASA1,6,1410
(c) Describes any condition of an improvement to residential real property or
11of any component of an improvement to residential real property that is detected by
12the home inspector during his or her home inspection and that, if not repaired, will
13have a significant adverse effect on the life expectancy of the improvement or the
14component of the improvement.
AB334-ASA1,6,1615
(d) Provides any other information that the home inspector is required to
16provide under the rules promulgated under s. 440.974 (1) (c).
AB334-ASA1,6,17
17(4) A home inspector is not required to report on any of the following:
AB334-ASA1,6,1918
(a) The life expectancy of an improvement to residential real property or a
19component of an improvement to residential real property.
AB334-ASA1,6,2120
(b) The cause of the need for any major repair to an improvement to residential
21real property or a component of an improvement to residential real property.
AB334-ASA1,6,2322
(c) The method of making any repair or correction, the materials needed for any
23repair or correction or the cost of any repair or correction.
AB334-ASA1,6,2524
(d) The suitability for any specialized use of an improvement to residential real
25property.
AB334-ASA1,7,3
1(e) Whether an improvement to residential real property or a component of an
2improvement to residential real property complies with applicable regulatory
3requirements.
AB334-ASA1,7,64
(f) The condition of any component of an improvement to residential real
5property that the home inspector was not required to inspect under the rules
6promulgated under s. 440.974 (1) (b).
AB334-ASA1,7,8
7(5) A home inspector may not report, either in writing or verbally, on any of the
8following:
AB334-ASA1,7,99
(a) The market value or marketability of a property.
AB334-ASA1,7,1010
(b) Whether a property should or should not be purchased.
AB334-ASA1,7,11
11(6) This section does not require a home inspector to do any of the following:
AB334-ASA1,7,1212
(a) Offer a warranty or guarantee of any kind.
AB334-ASA1,7,1413
(b) Calculate the strength, adequacy or efficiency of any component of an
14improvement to residential real property.
AB334-ASA1,7,1815
(c) Enter any area or perform any procedure that may damage an improvement
16to residential real property or a component of an improvement to residential real
17property, or enter any area or perform any procedure that may be dangerous to the
18home inspector or to other persons.
AB334-ASA1,7,2019
(d) Operate any component of an improvement to residential real property that
20is inoperable.
AB334-ASA1,7,2221
(e) Operate any component of an improvement to residential real property that
22does not respond to normal operating controls.
AB334-ASA1,8,223
(f) Disturb insulation or move personal items, furniture, equipment,
24vegetation, soil, snow, ice or debris that obstructs access to or visibility of an
1improvement to residential real property or a component of an improvement to
2residential real property.
AB334-ASA1,8,53
(g) Determine the effectiveness of a component of an improvement to
4residential real property that was installed to control or remove suspected hazardous
5substances.
AB334-ASA1,8,76
(h) Predict future conditions, including the failure of a component of an
7improvement to residential real property.
AB334-ASA1,8,98
(i) Project or estimate the operating costs of a component of an improvement
9to residential real property.
AB334-ASA1,8,1110
(j) Evaluate acoustic characteristics of a component of an improvement to
11residential real property.
AB334-ASA1,8,1312
(k) Inspect for the presence or absence of pests, including rodents, insects and
13wood-damaging organisms.
AB334-ASA1,8,1514
(L) Inspect cosmetic items, underground items or items not permanently
15installed.
AB334-ASA1,8,1616
(m) Inspect for the presence of any hazardous substances.
AB334-ASA1,8,17
17(7) A home inspector may not do any of the following:
AB334-ASA1,8,1818
(a) Perform or offer to perform any act or service contrary to law.
AB334-ASA1,8,2019
(b) Deliver a home inspection report to any person other than the client without
20the client's consent.
AB334-ASA1,8,2521
(c) Perform a home inspection for a client with respect to a transaction if the
22home inspector, a member of the home inspector's immediate family or an
23organization or business entity in which the home inspector has an interest, is a
24party to the transaction and has an interest that is adverse to that of the client,
25unless the home inspector obtains the written consent of the client.
AB334-ASA1,9,3
1(d) Accept any compensation from more than one party to a transaction for
2which the home inspector has provided home inspection services without the written
3consent of all of the parties to the transaction.
AB334-ASA1,9,84
(e) Pay or receive, directly or indirectly, in full or in part, for a home inspection
5or for the performance of any construction, repairs, maintenance or improvements
6regarding improvements to residential real property that is inspected by him or her,
7a fee, a commission, or compensation as a referral or finder's fee, to or from any
8person who is not a home inspector.
AB334-ASA1,9,10
9(8) This section does not prohibit a home inspector from doing any of the
10following:
AB334-ASA1,9,1211
(a) Reporting observations or conditions in addition to those required under
12this section or the rules promulgated under this section.
AB334-ASA1,9,1413
(b) Excluding a component of an improvement to residential real property from
14the inspection, if requested to do so by his or her client.
AB334-ASA1,9,1615
(c) Engaging in an activity that requires an occupation credential if he or she
16holds the necessary credential.
AB334-ASA1,9,21
17440.976 Disclaimers or limitation of liability. No home inspector may
18include, as a term or condition in an agreement to conduct a home inspection, any
19provision that disclaims the liability, or limits the amount of damages for liability,
20of the home inspector for his or her failure to comply with the standards of practice
21prescribed in this subchapter or in rules promulgated under this subchapter.
AB334-ASA1,9,24
22440.977 Liability of home inspectors. (1) Notwithstanding s. 893.54, an
23action to recover damages for any act or omission of a home inspector relating to a
24home inspection that he or she conducts shall be commenced within 2 years after the
1date that a home inspection is completed or be barred. The period of limitation under
2this subsection may not be reduced by agreement.
AB334-ASA1,10,5
3(2) A home inspector is not liable to a person for damages that arise from an
4act or omission relating to a home inspection that he or she conducts if that person
5is not a party to the transaction for which the home inspection is conducted.
AB334-ASA1,10,9
6440.978 Discipline; prohibited acts. (1) Subject to the rules promulgated
7under s. 440.03 (1), the department may make investigations or conduct hearings to
8determine whether a violation of this subchapter or any rule promulgated under this
9subchapter has occurred.
AB334-ASA1,10,13
10(2) Subject to the rules promulgated under s. 440.03 (1), the department may
11reprimand a home inspector or deny, limit, suspend or revoke a certificate under this
12subchapter if the department finds that the applicant or home inspector has done
13any of the following:
AB334-ASA1,10,1514
(a) Made a material misstatement in an application for a certificate or renewal
15of a certificate.
AB334-ASA1,10,1716
(b) Engaged in conduct while practicing as a home inspector that evidences a
17lack of knowledge or ability to apply professional principles or skills.
AB334-ASA1,10,1918
(c) Subject to ss. 111.321, 111.322 and 111.335, been arrested or convicted of an
19offense committed while registered under this subchapter.
AB334-ASA1,10,2020
(d) Advertised in a manner that is false, deceptive or misleading.
AB334-ASA1,10,2221
(e) Advertised, practiced or attempted to practice as a home inspector under
22another person's name.
AB334-ASA1,10,2423
(f) Allowed his or her name to be used by another person while the other person
24was practicing or attempting to practice as a home inspector.
AB334-ASA1,11,2
1(g) Subject to ss. 111.321, 111.322 and 111.34, practiced as a home inspector
2while the individual's ability to practice was impaired by alcohol or other drugs.
AB334-ASA1,11,43
(h) Acted as a home inspector in connection with a transaction in which he or
4she was also an appraiser or broker.
AB334-ASA1,11,85
(i) Performed, or agreed to perform, for compensation any repairs, maintenance
6or improvements on any property less than 2 years after he or she conducts a home
7inspection, without the written consent of the property owner given before the home
8inspection occurred.
AB334-ASA1,11,119
(j) Prevented or attempted to prevent a client from providing a copy of, or any
10information from, a home inspection report done by the home inspector in connection
11with a transaction to any interested party to the transaction.
AB334-ASA1,11,1412
(k) Failed to provide a home inspection report to a client by the date agreed on
13by the home inspector and the client or, if no date was agreed on, within a reasonable
14time after completing the inspection.
AB334-ASA1,11,1515
(m) Violated this subchapter or any rule promulgated under this subchapter.
AB334-ASA1,11,18
16(3) In addition to or in lieu of proceeding under sub. (2), the department may
17assess against a person who has engaged in any of the practices specified in sub. (2)
18a forfeiture of not more than $1,000 for each separate offense.
AB334-ASA1,11,24
19(4) In lieu of proceeding under sub. (1) or (2), the department may place, in a
20registry information file, a copy of a complaint received by the department against
21a Wisconsin registered home inspector, the inspector's response to the complaint and
22a copy of any records of the department concerning the complaint. If the department
23establishes a registry information file under this subsection, the department shall
24use the following procedure:
AB334-ASA1,12,5
1(a) No later than 60 days after the date on which the department receives a
2complaint alleging that a home inspector has engaged in conduct that is grounds for
3discipline under sub. (2), the department shall provide the inspector with a copy of
4the complaint and place a copy of the complaint and a copy of any records of the
5department concerning the complaint in the registry information file.
AB334-ASA1,12,106
(b) After receiving a copy of the complaint under par. (a), the home inspector
7who is the subject of the complaint, or his or her authorized representative, may place
8in the registry information file a statement of reasonable length describing the
9inspector's view of the correctness or relevance of any of the information contained
10in the complaint.
AB334-ASA1,12,1411
(c) The department shall make the complaint, the home inspector's response
12to the complaint, if any, and a copy of any records of the department concerning the
13complaint placed in a registry information file under this subsection available to the
14public.