PROPOSED ACTION ON REGULATIONS
MARYLAND REGISTER, VOLUME 40, ISSUE 8,
FRIDAY, APRIL 19, 2013
Title 09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION
Subtitle 36 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES,
AND HOME INSPECTORS - HOME INSPECTORS
09.36.08 Continuing Professional Competency
Authority: Business Occupations and Professions Article,
§§16-216 and 16-3A-07(e), Annotated Code of Maryland
Notice of Proposed Action
The Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors proposes to adopt new Regulations
.01 — .05 under a new chapter, COMAR 09.36.08 Continuing Professional
Competency. This action was considered at a public meeting of the Commission held on December 11, 2012, notice
of which was given in 39:24 Md. R. 1594 (November 30, 2012), pursuant to State Government Article, §10-506(c),
Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to establish the educational requirements that home inspectors must complete
in order to demonstrate continuing professional competency as a condition of license renewal. This action is
necessary pursuant to Business Occupations and Professions Article, §16-3A-07(e), Annotated Code of Maryland,
which became effective July 1, 2011, and required the Commission to establish continuing professional competency
requirements as a condition of home inspector license renewal.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Patricia Schott, Administrator, Commission of Real Estate Appraisers, Appraisal
Management Companies, and Home Inspectors, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6165, or email to
email@example.com, or fax to 410-333-6314. Comments will
be accepted through May 24, 2013. A public hearing has not been scheduled.
Final action on the proposal will be considered by Commission of Real Estate Appraisers, Appraisal Management
Companies, and Home Inspectors during a public meeting to be held on June 11, 2013, at 10:30 a.m., at 500 N.
Calvert Street, Baltimore, MD 21202.
.01 Citation of Regulations, Applicability, and Purpose.
A. These regulations may be cited and referred to as the “Home Inspector Continuing Professional Competency
Regulations”. The continuing professional requirements apply to all persons licensed under Business Occupations
and Professions Article, Annotated Code of Maryland, to provide home inspection services in this State.
B. The public interest requires that home inspectors provide competent home inspection services to the
public. The General Assembly has determined that it is in the public interest to require home inspectors to
comply with the continuing professional competency requirements as a prerequisite to the renewal of a license.
.02 Basic Requirement.
A. A renewal applicant shall complete at least 30 hours of qualifying continuing professional competency
for each 2-year registration term.
B. Acquisition of Continuing Professional Competency.
(1) The continuing professional competency required by §A of this regulation shall have been
obtained during the 24 months immediately preceding license renewal.
(2) Continuing professional competency hours required by §A of this regulation obtained prior
to the immediately preceding license term may not be considered toward an applicant’s eligibility for license renewal.
(3) Continuing professional competency hours earned in excess of the 30 hours for a 2-year
license term may not be credited towards the continuing professional competency requirement for a subsequent
2-year license term.
C. Up to 30 percent of the total continuing professional competency hours required by §A of this regulation
may be obtained in other than a classroom setting.
.03 Programs Which Qualify.
A. The overriding consideration in determining whether a specific program qualifies is that it shall be a
formal program of learning which contributes directly to the professional competence of the individual.
B. Group Continuing Professional Competency Programs.
(1) Group continuing professional competency programs will qualify only if §A of this regulation is met and:
(a) An outline is prepared in advance and preserved for review by the Commission, if required;
(b) The program is at least 1 hour (50-minute instruction period) in length;
(c) The program is conducted by a qualified instructor;
(d) A record of attendance is preserved; and
(e) The sponsor agrees to admit a member of the Commission on request to monitor the program.
(2) These programs include:
(a) Professional development programs of recognized national home inspection organizations;
(b) Technical sessions at meetings of recognized national home inspection organizations;
(c) Noncredit short courses at universities and colleges;
(d) Formal, organized, in-firm education programs as approved by the Commission; and
(e) Programs offered by other recognized professional or industrial organizations.
C. University and college courses taken for academic credit will qualify only if §A of this regulation is met.
Credit towards the continuing professional competency requirement will be calculated at 15 hours for each semester
hour credit and 10 hours for each quarter hour credit.
D. Other Programs. A program other than a group program will qualify only if:
(1) The program meets the requirements of §A of this regulation;
(2) An outline is prepared in advance and preserved for review by the Commission, if required;
(3) The program is at least 1 hour (50-minute instruction period) in length; and
(4) The program provides evidence of satisfactory completion.
E. Teacher, Lecturer, or Discussion Leader.
(1) Services as a teacher, lecturer, or discussion leader in subjects qualifying for continuing
professional competency credit will be included to the extent that it contributes to the applicant’s professional
competence. Repetitious presentation, that is, those that are substantially the same subject material, may be included
only once each reporting period.
(2) A teacher, lecturer, or discussion leader of a qualifying continuing professional competency
program shall receive:
(a) 3 hours of continuing professional competency credit for every hour of presentation
for a first-time presentation of a program; and
(b) 1 hour of continuing professional competency credit for every hour of presentation
for all subsequent presentations of a program.
F. Subject Matter. The following general subject matter areas are acceptable to the extent that they contribute
directly to the expertise of home inspector or the provision of home inspection services:
(1) Home inspection report writing;
(2) Home Inspector Code of Ethics;
(3) Home Inspector Standards of Practice;
(4) Structural systems;
(5) Exterior systems;
(6) Roofing systems;
(7) Plumbing systems;
(8) Electrical systems;
(9) Air conditioning systems;
(10) Insulation and ventilation systems;
(11) Fireplace and solid burning systems;
(12) Heating systems;
(13) Environmental hazards; and
(14) Others, if the applicant can demonstrate a direct relationship between the course and the
provision of home inspection services.
G. Documentation. The following minimum information concerning each continuing professional competency course
shall be maintained by the renewal applicant for 5 years from the date of renewal:
(1) Sponsoring organization;
(2) Course location;
(3) Program title;
(4) Topical course outline;
(5) Content description;
(6) Dates attended;
(7) Hours claimed; and
(8) Information reflecting the expertise of the instructor in the subject matter.
.04 Controls and Reporting.
A. A renewal applicant shall provide a certification of compliance with renewal requirements, under Business
Occupations and Professions Article, §16-3A-07, Annotated Code of Maryland, under penalty of perjury, in an appropriate
form specified by the Commission.
B. The Commission, at its discretion, may verify the information and documentation supporting a renewal
applicant’s certification of continuing professional competency credit. Upon request, the renewal applicant shall
submit to the Commission, or its designee, copies of the original documentation supporting the certification provided
under §A of this regulation.
The Commission may issue a registration to a renewal applicant who has not fully complied with the continuing
professional competency requirements in cases when failure by the applicant to fulfill this requirement has
been caused by reason of any of the following:
A. Health as certified by a medical doctor;
B. Military service on extended active duty with the armed forces of the United States; or
C. Other good and valid causes, as determined and approved by the Commission.
Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors