NEW JERSEY REGISTER
VOLUME 35, NUMBER 3
MONDAY, FEBRUARY 3, 2003
RULE PROPOSAL

LAW AND PUBLIC SAFETY-
DIVISION OF CONSUMER AFFAIRS
STATE BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Scope of Practice; Home Inspections

Additions are indicated by <<+ Text +>>; deletions by <<- Text ->>.
Changes in tables are made but not highlighted.

Proposed New Rule: N.J.A.C. 13:40-4.2

Authorized By: New Jersey State Board of Professional Engineers and Land Surveyors, Arthur Russo, Executive Director.

Authority: N.J.S.A. 45:8-27 et seq., specifically 45:8-29 and 45:8-71.
Calendar Reference: See Summary below for explanation of exemption to calendar requirement.
Proposal Number: PRN 2003-62.

Submit written comments by April 4, 2003 to:

Arthur Russo, Executive Director

State Board of Engineers and Land Surveyors

PO Box 45015

Newark, NJ 07101

The agency proposal follows:

Summary

Pursuant to N.J.S.A. 45:8-71 (P.L. 1997, c.323), an engineer licensed by the Board of Professional Engineers and Land Surveyors (the Board) may perform home inspections if the engineer possesses the requisite qualifications. Pursuant to that specific statutory authority and its general rulemaking authority, N.J.S.A. 45:8-29, the Board is proposing new rule N.J.A.C. 13:40-4.2 which states that engineers are eligible for licensure as a home inspector and describes the licensure procedure.

N.J.A.C. 13:40-4.2(a) states that a licensed professional engineer may apply to the Board for licensure as a home inspector.

N.J.A.C. 13:40-4.2(b) requires an engineer who wishes to be licensed as a home inspector to submit an application and fee to the Board for licensure as a home inspector. The licensee must also document in the application that the applicant possesses the requisite training, education and experience in certain systems and components of a house in order to conduct home inspections.

N.J.A.C. 13:40-4.2(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 of subsection (b). The Board will then forward the approved application to the Home Inspector's Advisory Committee for the issuance of a home inspection license to the engineer.

N.J.A.C. 13:40-4.2(d) states that the licensee, once approved by the Home Inspector's Advisory Committee, is expected to comply with and perform home inspections pursuant to the regulations of the Committee at N.J.A.C. 13:40- 15.

This proposal has not been calendared pursuant to the requirements of N.J.A.C. 1:30-3.1 because a 60-day comment period is provided 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 professional engineer to obtain a home inspection license. The Board believes that the proposed new rule will benefit the public by ensuring that engineers 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 engineers 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 engineer who wishes to be licensed as a home inspector must submit an application for license and an application fee. The engineer must pay all appropriate fees set forth in N.J.A.C. 13:40-15.23 including: application fee of $125.00; initial license fee of $500.00 ($250.00 if the license is issued in the second year of the biennial period; and a renewal fee of $500.00).

Federal Standards Statement

A Federal standards analysis is not required because there are no Federal standards or requirements applicable to the proposed new rule.

Jobs Impact

The Board does not believe that the proposed new rule will either increase or decrease jobs in the State. The rule confirms that home inspectors are part of the scope of practice of engineers and ensures that engineers 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 18,600 licensed professional engineers who 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 rules 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. 13:40-4.2(b) details how a licensed professional engineer must apply for licensure to become a home inspector. N.J.A.C. 13:40-4.2(d) states that the licensee must comply with and perform home inspections pursuant to all Committee regulations 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 differing compliance requirements have been imposed based on the size of the business.

Smart Growth Impact

The Board does not anticipate that the proposal will have any impact on the achievement of smart growth or on implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Full text of the proposal follows:

<< NJ ADC 13:40-4.2 >>

13:40-4.2 <<-(Reserved)->> <<+Scope of practice; home inspections+>>

<<+(a) An engineer licensed by the Board of Professional Engineers and Land Surveyors may apply to the Board for licensure as a home inspector.+>>

<<+(b) The licensed professional engineer shall submit to the Board an application provided by the Board and a fee as set forth at N.J.A.C. 13:40- 15.23. The licensed professional engineer shall document through submission of the application that the engineer 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 professional engineer to determine whether the engineer is qualified to perform a home inspection pursuant to the requirements of (b) above. Once the Board approves the engineer as qualified to perform home inspections, the Board shall refer the application of the engineer to the Home Inspection Advisory Committee which shall issue a home inspector license to the engineer in accordance with the requirements of N.J.A.C. 13:40-15.+>>

<<+(d) Once licensed by the Committee, the licensed professional engineer shall comply with and perform home inspections pursuant to the regulations at N.J.A.C. 13:40-15.+>>

 



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