New Hampshire Home Inspector Licensing Law

New Hampshire Code · 13 sections

The following is the full text of New Hampshire’s home inspector licensing law statutes as published in the New Hampshire Code. For the official version, see the New Hampshire Legislature.

RSA § 310-A:181

Limited Notarial Function. – Any licensee under this subdivision may be permitted, in the performance of his or her court reporting duties, to place any person under oath without the separate requirement of being designated a notary public, justice of the peace, or commissioner of deeds, as specified in RSA 455. Source. 2007, 300:1, eff. July 1, 2007. Home Inspectors Section

RSA § 310-A:182

Purpose; Scope of Practice. – I. The purpose of this subdivision is to assure that a home inspector performs professional services only when the home inspector is qualified by education and training in the specific technical areas involved. II. The scope of practice of home inspectors shall consist of knowledge and skill in the following areas of residential construction: heating systems, cooling systems, plumbing systems, electrical systems, structural components, foundations, roofs, exterior and interior components, and site aspects as they affect buildings. Source. 2008, 339:1, eff. July 1, 2008. Section

RSA § 310-A:183

Definitions. – In this subdivision: I. "Auxiliary services" means any fee paid services provided by the home inspector to the client in addition to a home inspection. II. "Board" means the board of home inspectors. III. "Client" means an individual who signs a home inspection agreement in order to have a home inspection performed. IV. "Code of ethics" means the code of ethics followed by home inspectors who are licensed as home inspectors by the board. V. "Home inspection" means the process by which a home inspector visually examines the readily accessible systems and components of a home and which describes those systems and components in accordance with the board-approved standards of practice and code of ethics. VI. "Home inspector" means a person who, by reason of professional education or practical experience, or both, is qualified to engage in the practice of home inspections as attested by licensing as a home inspector. Source. 2008, 339:1, eff. July 1, 2008. Section

RSA § 310-A:185

Code of Ethics for New Hampshire Home Inspectors. – I. The code of ethics details the core guidelines of home inspection professionalism and home inspection ethics, covering crucial issues such as conflicts of interest, good faith, and public perception. Integrity, honesty, and objectivity are fundamental principles embodied by this code, which sets forth obligations of ethical conduct for the home inspection profession. II. Inspectors shall comply with this code, avoid association with any enterprise whose practices violate this code, and strive to uphold, maintain, and improve the integrity, reputation, and practice of the home inspection profession. III. Inspectors shall avoid conflicts of interest or activities that compromise, or appear to compromise, professional independence, objectivity, or inspection integrity. Inspectors shall not: (a) Inspect properties for compensation in which they have, or expect to have, a financial interest. (b) Inspect properties under contingent arrangements whereby any compensation or future referrals are dependent on reported findings or on the sale of a property. (c) Directly or indirectly compensate realty agents, or other parties having a financial interest in closing or settlement of real estate transactions, for the referral of inspections or for inclusion on a list of recommended inspectors, preferred providers, or similar arrangements. (d) Receive compensation for an inspection from more than one party unless agreed to by the client. (e) Accept compensation, directly or indirectly, for recommending contractors, services, or products to inspection clients or other parties having an interest in inspected properties. (f) Repair, replace, or upgrade, for compensation, systems or components covered by the standards of practice, for one year after the inspection. IV. Inspectors shall act in good faith toward each client and other interested parties. (a) Inspectors shall perform services and express opinions based on genuine conviction and only within their areas of education, training, or experience. (b) Inspectors shall be objective in their reporting and not knowingly understate or overstate the significance of reported conditions. (c) Inspectors shall not disclose inspection results or client information without client approval. Inspectors, at their discretion, may disclose observed immediate safety hazards to occupants exposed to such hazards, when feasible. V. Inspectors shall avoid activities that may harm the public, discredit themselves, or reduce public confidence in the profession. (a) Advertising, marketing, and promotion of inspectors' services or qualifications shall not be fraudulent, false, deceptive, or misleading. (b) Inspectors shall report substantive and willful violations of this code to the board. Source. 2008, 339:1, eff. July 1, 2008. Section

RSA § 310-A:186

Board of Home Inspectors. – I. A board of home inspectors is established to administer the provisions of this subdivision. The board shall consist of 7 persons as follows: (a) Five members shall be home inspectors, appointed by the governor and council. Each home inspector member shall hold a current and valid New Hampshire home inspector license and shall have actively practiced home inspections for a minimum of 5 years as a means of his or her livelihood prior to appointment. (b) Two shall be public members, each to be appointed by the governor and council. Each public member of the board shall be a person who is not, and never was, a home inspector or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of home inspector services or an activity directly related to the home inspection trade. In addition, the public members shall not have held a real estate broker or salesperson license or represented the board or the trade for a fee at any time during the 5 years preceding appointment. II. Initial home inspector appointees to the board shall not be required to hold a current and valid New Hampshire home inspector's license, but shall have been actively practicing home inspections for a minimum of 5 years as a means of his or her livelihood prior to appointment. III. Each member of the board shall be a citizen of the United States and a resident of this state. IV. Members shall be appointed for 5-year terms. Appointments for terms of less than 5 years may be made in order to stagger the appointments. No appointed member shall be eligible to serve more than 2 full consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 5-year term shall be deemed a full term. Upon expiration of a member's term, the member shall serve until a successor is qualified and appointed. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term. Appointees to the unexpired portion of a full term shall become members of the board on the day following such appointment. A board member may be removed for cause by the governor and council under RSA 4:1. V. The board shall hold at least 3 regular meetings each year and special meetings at such times as it may deem necessary. Notice of all meetings shall be given in such a manner as rules adopted by the board may provide. The board shall biennially elect or appoint a chairperson, vice-chairperson, and secretary. A majority of the members of the board appointed by the governor and council shall constitute a quorum. VI. The records of the board shall be prima facie evidence of the proceedings of the board, and a transcript of such records certified by the secretary of the board under seal shall be admissible in evidence with the same force and effect as if the original were produced. VII. The board, its members, and its agents shall be immune from

RSA § 310-A:189-a

Airborne Radon Mitigation Installer Certification Required. – I. (a) Any person engaged in the design or installation of airborne radon mitigation devices in New Hampshire shall hold a current certification from either the National Radon Proficiency Program offered by the American Association of Radon Scientists and Technologists, Inc., or the National Radon Safety Board. (b) A person certified under subparagraph (a) shall be responsible for all workers who, under his or her supervision, perform tasks necessary to install an airborne radon mitigation device. Workers performing such tasks under the supervision of a person so certified shall not be required to be certified under subparagraph (a). II. The board of home inspectors shall inform the public through their website that persons engaged in designing or installing airborne radon mitigation devices shall be certified under paragraph I and shall provide links to the websites of the certifying organizations. III. Whoever falsely claims to be certified under this section through advertising, signage, or other written or oral representation shall be guilty of a violation if a natural person or guilty of a class B misdemeanor if any other person. Source. 2014, 325:1, eff. Jan. 1, 2015. Section

RSA § 310-A:189-b

Mold Assessment Certification Required. – I. For the purposes of this section: (a) "Mold assessment" means: (1) An inspection, investigation, or survey of a dwelling or other structure to provide information to the owner regarding presence, identification, or evaluation of mold; (2) The development of a mold remediation specification or protocol; or (3) The collection of a mold sample for analysis. (b) "Third party certification" means a certification approved by a national nonprofit organization whose programs are accredited by ANSI (American National Standards Institute), CESB (Council of Engineering and Scientific Specialty Boards), NCCA (National Commission for Certifying Agencies), or any other accrediting body that operates in compliance with the ISO (International Organization for Standardization) standard for accrediting organizations. Certifications are credentials of industry knowledge granted to individuals by a certification body for a limited time. II. No person shall perform residential mold assessment services for remuneration unless that person possesses a valid national third party certification for mold assessment. The individual shall not own the designation; the designation shall be owned by the certifying body. Certification holders shall meet certain requirements set by third party certification organizations in order to be recertified. III. The board of home inspectors shall inform the public through its website that persons engaged in residential mold assessment shall be certified under paragraph II and shall provide links to the websites of the certifying organizations. IV. Any professional hired for remuneration by a homeowner, in which the primary work contracted for is not mold assessment, shall be exempt from this section. V. Any person who offers mold assessment services for a fee but does not comply with this chapter shall be guilty of a violation if a natural person or guilty of a class B misdemeanor if any other person. Source. 2015, 208:1, eff. Jan. 1, 2016. Section

RSA § 310-A:190

Eligibility Requirements for Licensure as a Home Inspector. – I. Each applicant for licensure as a home inspector shall meet the following minimum requirements: (a) Completion of no less than 80 hours of board-approved education covering all of the following core components of a residential building of 4 units or less: (1) Heating system. (2) Cooling system. (3) Plumbing system. (4) Electrical system. (5) Structural components. (6) Foundation. (7) Roof covering. (8) Exterior and interior components. (9) Site aspects as they affect the building. (b) Have successfully completed high school or its equivalent. (c) Proof of passing the board-adopted examination required for licensure. (d) Be at least 18 years of age. (e) Submit to the office of professional licensure and certification a public criminal history record information authorization form as provided by the New Hampshire state police, which authorizes the release of the applicant's public criminal history record information, if any. The applicant shall bear the cost of the public criminal history record information check. II. A person who was actively engaged in the business of home inspection in this state as a means of his or her livelihood for at least 12 months preceding the effective date of this subdivision shall be eligible for licensure by the office of professional licensure and certification without completion of the requirements of subparagraph I(a). An applicant under this paragraph shall be issued a license by providing evidence satisfactory to the board of the knowledge and experience equivalent to the requirements of subparagraph I(a). All applicants shall meet the requirements of subparagraphs I(b) through (e), pay an initial fee, and fulfill all other license application requirements. III. The board shall approve all education programs under subparagraph I(a) of organizations or education institutions providing acceptable education and training. IV. The board shall have the discretion to reject an applicant who is not of good professional character, as evidenced by: (a) Conviction for commission of a felony; (b) Misstatement of facts by the applicant in connection with the application; (c) Violation of any of the standards of practice or code of ethics as they are set forth in this subdivision or in rules adopted by the board; or (d) Practicing home inspections without being licensed in violation of laws of the jurisdiction in which the practice took place. Source. 2008, 339:1, eff. July 1, 2008. 2019, 297:6, eff. July 1, 2019. 2024, 327:206, eff. July 1, 2024. Section

RSA § 310-A:193

Issuance of Licenses. – The office shall issue a license upon payment of the license fee established by the office of professional licensure and certification, to any applicant who has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the licensee and have a serial number. The issuance of a license shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a licensed home inspector while the license remains valid. It shall be a class B misdemeanor for the licensee to perform home inspections after the license of the licensee has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued. Source. 2008, 339:1, eff. July 1, 2008. 2021, 197:181, eff. July 1, 2021. 2022, 314:32, eff. July 1, 2022. 2024, 327:208, eff. July 1, 2024. Section

RSA § 310-A:195

Expiration and Renewals. – I. Licensees in good standing may renew their licenses every 2 years in accordance with RSA 310:8. If properly renewed, a license shall remain in effect continuously from the date of issuance, unless suspended or revoked by the board for just cause. II. A licensed home inspector shall complete at least 20 hours of board-approved continuing education during each license period in order to maintain his or her license. Source. 2008, 339:1, eff. July 1, 2008. 2024, 327:209, eff. July 1, 2024. Section

RSA § 310-A:196

Disciplinary Action. – I. [Repealed.] II. Misconduct sufficient to support disciplinary proceedings under this section shall include: (a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision. (b) Conviction of a felony or any offense involving moral turpitude. (c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession. (d) Unfitness or incompetence by reason of negligence or other causes; or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the licensee. (e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this subdivision. (f) Mental or physical incompetence to practice under this subdivision. (g) Willful or repeated violation of the provisions of this subdivision. (h) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated. (i) Violations of the code of ethics for home inspectors, or any other rule adopted by the board. (j) Providing false testimony before the board. (k) Failure to provide, within 30 calendar days of receipt of notice by certified mail, return receipt requested, information requested by the board as a result of any formal complaint to the board alleging a violation of this subdivision. (l) Knowingly making or signing any false statement, certificate, or affidavit in connection with the practice of home inspections. Source. 2008, 339:1, eff. July 1, 2008. 2023, 212:50, II, eff. Oct. 3, 2023. Section

RSA § 310-A:199

Violations; Penalty. – It shall be a class B misdemeanor for any natural person or a felony for any business organization to: I. Present or attempt to use the license of another as one's own; II. Give any false or forged evidence of any kind to the board or to any board member in obtaining a license; III. Falsely impersonate any other licensee of like or different name; IV. Attempt to use an expired or revoked license; V. Beginning January 1, 2010, practice home inspections or to offer, advertise, or hold oneself out to the public as being in the practice of home inspection in this state without a license; or VI. Violate any of the provisions of this subdivision. Source. 2008, 339:1, eff. July 1, 2008. Section

RSA § 310-A:201

Exemptions. – Nothing in this subdivision shall be construed to prevent or affect: I. A person who is employed by a governmental entity from inspecting residential buildings if the inspection is within official duties and responsibilities. II. A person from performing a home inspection if the inspection will be used solely by a bank, savings and loan association, or credit union to monitor progress on the construction of a residential structure. III. A person who is employed as a property manager for a residential structure and whose official duties and responsibilities include inspecting the residential structure from performing an inspection on the structure if the person does not receive separate compensation for the inspection work. IV. A person who is regulated in another profession from acting within the scope of that person's license, registration, or certification. Source. 2008, 339:1, eff. July 1, 2008. Septic System Evaluators Section

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