Wisconsin Association of Home Inspectors, Inc™

State Standards

DEPARTMENT OF REGULATION AND LICENSING RL 133.04

Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.

Chapter RL 133 EXAMINATIONS

RL 133.01 Examination requirements.

RL 133.02 Examination grade.

RL 133.03 Examination review.

RL 133.04 Reexamination.

Note: Chapter RL 133 was created as an emergency rule effective 11−1−98.

RL 133.01 Examination requirements. (1) An applicant for registration as a home inspector shall file an application for examination on a form prescribed by the department and shall submit a fee specified in s. 440.05 (1) (b), Stats., at least 30 days before the date of the examination.

Note: Application forms are available on request to the department at 1400 East

Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708−8935.

(2) Prior to January 1, 2001, the department shall prepare and approve a 2−part examination required by the department. Part I shall consist of an examination relating to the Wisconsin statutes. Part II shall consist of an examination relating to the administrative rules and other principles and procedures relating to the practice of home inspection.

(3) On or after January 1, 2001, the department shall prepare or approve a 2−part examination. Part I shall consist of an examination relating to the Wisconsin statutes and administrative rules that relate to the practice of home inspection. Part II shall consist of an examination relating to the principles and procedures that relate to the practice of home inspection.

Note: An otherwise qualified applicant with a disability shall be provided with

reasonable accommodations.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; am. (3), Register, May,

2001, No. 545, eff. 6−1−01.

RL 133.02 Examination grade. (1) To pass each examination part the applicant shall receive a grade determined by the department to represent the minimum competence to practice. The department shall determine the passing grade for part I of the examination after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics, and shall set the passing grade for the examination at that point which represents minimum acceptable competence in the profession. The department shall determine the passing grade for part II of the examination in the same manner as for part I or the department may accept the passing grade recommendation of a testing agency whose examination has been approved by the department.

(2) The department may refuse to release grades or issue a home inspector registration if the department determines that an applicant violated the rules of conduct of the examination or otherwise acted dishonestly.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; am. (1), Register, May,

2001, No. 545, eff. 6−1−01.

RL 133.03 Examination review. An applicant who fails the required examination may request a review of that examination as permitted by the examination provider. If a review is provided, all of the following conditions apply:

(1) An applicant shall file a written request with the department within 30 days after the date on which the examination results were mailed and pay the fee specified in s. RL 4.05.

(2) An applicant may review the examination by appointment only and shall be limited to the time permitted by the examination provider.

(3) An applicant may not be accompanied during the review by any person other than the proctor.

(4) An applicant shall be provided with a form on which to write comments, questions or claims of error regarding any items in the examination. Bound reference books shall be permitted. An applicant may not remove any notes from the area. Notes shall be retained by the proctor and made available to the applicant for use at a hearing, if desired. The proctor may not defend the examination nor attempt to refute claims of error during the review.

(5) An applicant may not review the examination more than once.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99.

RL 133.04 Reexamination. An applicant who fails to achieve passing grades on the examinations required under this chapter may apply for reexamination on forms provided by the department. For each reexamination, the applicant shall pay the reexamination fee specified in s. 440.06, Stats.

Note: Forms are available on request to the department at 1400 East Washington

Avenue, P.O. Box 8935, Madison, Wisconsin 53708−8935.

DEPARTMENT OF REGULATION AND LICENSING RL 134.03

Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.

Chapter RL 134 STANDARDS OF PRACTICE

RL 134.01 Authority.

RL 134.02 General requirements.

RL 134.03 Mechanical and structural components included in a home inspection.

RL 134.04 Contents of a home inspection report.

Note: Chapter RL 134 was created as an emergency rule effective 11−1−98.

RL 134.01 Authority. The rules in this chapter are adopted pursuant to ss. 227.11 (2), 440.974, 440.975, 440.978 and 440.979, Stats.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; correction made under

s. 13.93 (2m) (b) 7., Stats., Register November 2007 No. 623.

RL 134.02 General requirements. (1) A home inspector shall perform a reasonably competent and diligent home inspection of the readily accessible installed systems and components required to be inspected under s. RL 134.03 to detect observable conditions of an improvement to residential real property. A reasonably competent and diligent home inspection is not required to be technically exhaustive.

(2) This section does not require a home inspector to do any of the following:

(a) Offer a warranty or guarantee of any kind.

(b) Calculate the strength, adequacy or efficiency of any component of an improvement to residential real property.

(c) Enter any area or perform any procedure that may damage an improvement to residential real property or a component of an improvement to residential real property, or enter any area or perform any procedure that may be dangerous to the home inspector or to other persons.

(d) Operate any component of an improvement to residential real property that is inoperable.

(e) Operate any component of an improvement to residential real property that does not respond to normal operating controls.

(f) Disturb insulation or move personal items, furniture, equipment, vegetation, soil, snow, ice or debris that obstructs access to or visibility of an improvement to residential real property or a component of an improvement to residential real property.

(g) Determine the effectiveness of a component of an improvement to residential real property that was installed to control or remove suspected hazardous substances.

(h) Evaluate acoustic characteristics of a component of an improvement to residential real property.

(i) Project or estimate the operating costs of a component of an improvement to residential real property.

(j) Predict future conditions, including the failure of component of an improvement to residential real property.

(k) Inspect for the presence or absence of pests, including rodents, insects and wood−damaging organisms.

(L) Inspect cosmetic items, underground items or items not permanently installed.

(m) Inspect for the presence of any hazardous substances.

(n) Disassemble any component of an improvement to residential real property, except for removing an access panel that is normally removed by an occupant of residential real property.

(3) This section does not prohibit a home inspector from doing any of the following:

(a) Reporting observations or conditions in addition to those required under this section.

(b) Excluding a component of an improvement to residential real property from the inspection, if requested to do so by his or her client.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99.

RL 134.03 Mechanical and structural components

included in a home inspection. A reasonably competent and diligent home inspection shall meet the standards in subs.

(1) to (11) and shall include an inspection of, and report on, all of the following items that are present on the property at the time of the home inspection:

(1) FOUNDATIONS. A home inspector shall observe and describe the type and condition of the foundation.

(2) COLUMNS. A home inspector shall observe and describe the type and condition of columns.

(3) FLOORING SYSTEMS. A home inspector shall observe and describe the type and condition of flooring systems.

(4) ROOFS. (a) A home inspector shall observe and describe the condition of all of the following:

1. Roof coverings, including type.

2. Roof drainage systems.

3. Flashings.

4. Skylights, chimneys and roof penetrations.

5. Signs of leaks or abnormal condensation on building components.

(b) A home inspector shall describe the methods used to observe the roof.

1. Walk on the roofing.

2. Observe attached accessories, including, but not limited to, solar systems, antennae and lightning arrestors.

3. Observe internal gutter and downspout systems and related underground drainage piping.

(5) EXTERIORS. (a) A home inspector shall observe and describe the condition of all of the following:

1. Wall claddings, including type.

2. Flashings and trim.

3. Entryway doors and at least one window per side of a dwelling unit.

4. Garage door operators, including whether any garage door operator automatically reverses or stops when meeting reasonable resistance during closing.

5. Decks, balconies, stoops, steps and porches including railings.

6. Eaves, soffits and fascia’s.

7. Grading, drainage, driveways, patios, walkways, and retaining walls that abut the dwelling unit.

(b) A home inspector shall operate all entryway doors, garage doors, and at least one window per side of a dwelling unit.

RL 134.03 WISCONSIN ADMINISTRATIVE CODE

Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.

1. Storm windows, storm doors, screening, shutters, awnings, and similar seasonal accessories.

2. Locks, latches or other security devices or systems.

3. Intercom systems.

4. Fences or privacy walls.

5. Insulation or vapor barriers in exterior walls.

6. Safety glazing.

7. Garage door operator remote control transmitters.

8. Geological or soil conditions.

9. Recreational facilities.

10. Out−buildings other than garages and carports.

11. Trees, shrubs and other vegetation.

(6) PLUMBING SYSTEMS. (a) A home inspector shall observe and describe the condition of all of the following:

1. Interior water supply and distribution system, including piping materials, supports, fixtures, faucets, functional flow and drainage, leaks and cross connections.

2. Interior drain, waste and vent system, including traps, drain, waste, and vent piping, piping supports and leaks.

3. Hot water systems, including water heating equipment, normal operating controls, automatic safety controls, and the exterior surfaces of chimneys, flues, and vents.

4. Fuel storage and distribution systems, including interior fuel storage equipment, supply piping, venting, supports and leaks.

5. Sump pumps.

(b) A home inspector shall operate all plumbing fixtures, including their faucets and accessible exterior faucets attached to the dwelling unit.

1. State the effectiveness of anti−siphon devices.

2. Determine whether the water supply and waste disposal systems are public or private.

3. Operate automatic safety controls or sump pumps equipped with internal or water dependent switches.

4. Operate any valve except water closet flush valves, fixture faucets and hose faucets.

5. Observe water conditioning systems, fire and lawn sprinkler systems, on−site water supply quantity and quality, on−site disposal systems, foundation drainage systems, or spas.

6. Observe the interior of flues, chimneys and vents, or solar water heating systems.

7. Observe any exterior plumbing components such as water mains or swimming pools.

8. Determine water temperature.

9. Determine the proper sizing, design or use of plumbing materials.

(7) ELECTRICAL SYSTEMS. (a) A home inspector shall observe and describe the condition of all of the following:

1. Service entrance conductors.

2. Service equipment, grounding equipment, main over current device.

3. Main and distribution panels, including their location.

4. Amperage and voltage ratings of the service, including whether service type is overhead or underground.

5. Branch circuit conductors, their over current devices, and the compatibility of their ampacities and voltages, including any aluminum branch circuit wiring.

6. The operation of a representative number of installed lighting fixtures, switches and receptacles located inside the house, garage and any exterior walls.

7. The polarity and grounding of all receptacles within 6 feet of interior plumbing fixtures, in the garage or carport, and on the exterior of inspected structures.

8. The operation of ground fault circuit interrupters.

9. The functionality of the power sources for smoke detectors.

(b) A home inspector is not required to do any of the following:

1. Insert any tool, probe or testing device inside the panels.

2. Test or operate any over current device except ground fault circuit interrupters.

3. Dismantle any electrical device or control other than to remove the covers of the main and auxiliary distribution panels.

4. Observe low voltage systems, telephones, security systems, cable TV, intercoms, or other ancillary wiring that is not a part of the primary electrical distribution systems.

5. Measure amperage, voltage or impedance.

(8) INTERIORS. (a) A home inspector shall observe and describe the condition of all of the following:

1. Walls, ceilings and floors.

2. Steps, stairways, balconies and railings.

3. Counters and all sink base cabinets.

4. A random sample of doors and windows.

5. Separation walls, ceilings, and doors between a dwelling unit and an attached garage or another dwelling unit.

6. Signs of water penetration into the building or signs of abnormal or harmful condensation on building components.

(b) A home inspector is not required to observe any of the following:

1. Paint, wallpaper, and other cosmetic finish treatments on the interior walls, ceilings and floors.

2. Carpeting.

3. Draperies, blinds or other window treatments.

4. Household appliances.

5. Recreational facilities or another dwelling unit.

(9) HEATING SYSTEMS. (a) A home inspector shall observe and describe the condition of all of the following within a permanently installed heating system:

1. Heating equipment and distribution systems.

2. Normal operating controls and energy source.

3. Automatic safety controls.

4. Exterior surfaces of chimneys, flues and vents.

5. Solid fuel heating devices.

6. The presence of an installed heat source in each room.

(b) A home inspector shall operate the systems using normal operating controls and open readily accessible access panels provided by the manufacturer or installer for routine homeowner maintenance.

1. Operate heating systems when weather conditions or other circumstances may cause equipment damage.

2. Operate automatic safety controls.

3. Ignite or extinguish fuel fires.

4. Observe the interior of flues, fireplace insert flue connectors, humidifiers, electronic air filters, or the uniformity or adequacy of heat supply to the various rooms.

5. Observe a heat exchanger unless it is readily observable and normally accessible to an occupant of a dwelling unit.

(10) CENTRAL AIR CONDITIONING. (a) A home inspector shall observe and describe the condition of all of the following:

1. Cooling and air handling equipment, including type and energy source.

DEPARTMENT OF REGULATION AND LICENSING RL 134.04

Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.

2. Normal operating controls.

3. The presence of an installed cooling source in each room.

(b) A home inspector shall operate the systems, using normal operating controls, and open readily accessible access panels provided by the manufacturer or installer for routine homeowner maintenance.

1. Operate cooling systems when weather conditions or other circumstances may cause equipment damage.

2. Observe non−central air conditioners.

3. Observe the uniformity or adequacy of cool−air supply to the various rooms.

4. Operate electronic air filters.

5. Observe the pressure of the system coolant or determine the presence of leakage.

6. Test the electrical current drawn by the unit.

(11) INSULATION AND VENTILATION. (a) A home inspector shall observe and describe the condition of all of the following:

1. The presence or absence of insulation in unfinished spaces.

2. Ventilation of attics and foundation areas.

3. Kitchen, bathroom, and laundry venting systems.

(b) A home inspector is not required to observe any of the following:

1. Concealed insulation.

2. Venting equipment which is integrated with household appliances.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99.

RL 134.04 Contents of a home inspection report.

(1) After completing a home inspection, a home inspector shall submit a written report to a client that does all of the following:

(a) Lists the items described in s. RL 134.03 that a home inspector is required to inspect.

(b) Lists the items described in s. RL 134.03 that a home inspector has inspected.

134.03.

(d) Describes the condition of any item identified in s. RL

134.03 that, if not repaired, will have significant adverse effect on the life expectancy of the identified item.

(e) Lists any material adverse facts that a home inspector has knowledge of or has observed.

(2) A home inspector is not required to report on any of the following aspects of items identified in s. RL 134.03:

(a) Their life expectancy.

(b) The reason for the necessity of a major repair.

(c) The method of making any repair or correction, the materials needed for any repair or correction, or the cost of any repair or correction.

(d) The suitability for any specialized use of an improvement to residential real property.

(e) Whether they comply with applicable regulatory requirements.

(3) A home inspector may not report in writing or verbally on any of the following:

(a) The market value or marketability of a property.

(b) Whether a property should be purchased.

(4) A home inspector is not required to retain inspectors or investigators to perform follow−up inspections or investigations of any material adverse facts that a home inspector has knowledge of or has observed under sub. (1) (d).

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99.

DEPARTMENT OF REGULATION AND LICENSING RL 135.02

Unofficial Text (See Printed Volume). Current through date and Register shown on Title Page.

CONTINUING EDUCATION REQUIREMENTS

RL 135.01 Authority. RL 135.02 Continuing education requirements.

Note: Chapter RL 135 was created as an emergency rule effective 11−1−98.

RL 135.01 Authority. The rules in this chapter are adopted pursuant to ss. 227.11 (2) and 440.974, Stats.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99.

RL 135.02 Continuing education requirements.

(1) In this chapter:

(a) “Educational program” means a program relating to the general subject matter of home inspection.

(b) “Hour” means 50 minutes of instruction.

(2) A registered home inspector shall complete at least 20 hours of continuing education during each calendar year.

(3) A registered home inspector who acts as an instructor of an educational program shall receive one hour of credit for each hour of teaching toward satisfaction of the educational requirement. A registered home inspector may not receive credit for teaching a specific educational program more than one time during the 2 years preceding a renewal date.

(4) The department may grant an extension of time for completion of the educational requirements for one of the following reasons:

(a) Health reasons which prevented attendance at the educational program.

(b) Active duty in the military service with assignment to a duty station outside Wisconsin.

(5) A registered home inspector shall provide evidence satisfactory to the department that the applicant has met the educational requirements when applying for renewal of registration. The department shall withhold issuance of the renewal of registration until the evidence is provided.

(6) A registered home inspector shall obtain an individual certificate of completion from a program provider upon satisfactory completion of an educational program. Certificates of completion shall plainly state the title of the educational program, and the date, time and location on which the program was held. Registered home inspectors shall retain evidence of completion for at least 5 years from the date of completion. The department may require any registered home inspector to submit evidence of having completed the required hours of continuing education for the period specified in sub. (2).

(7) Each educational program shall relate to the general subject of home inspection.

(8) An instructor whose registration as a home inspector has been limited, suspended, or revoked may not instruct in educational programs while the disciplinary action is in effect.

History: Cr. Register, July, 1999, No. 523, eff. 8−1−99; am. (1), Register,

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