HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Definitions

1  In this Act:

"board" means the Home Inspection Board;

"minister" means the Minister of Public Safety and Solicitor General;

"remuneration" means direct or indirect payment, including the expectation of payment whether or not actually received;

"home inspection" means a visual analysis for the purposes of providing a professional opinion on the condition of a building and its carports and garages, any reasonably accessible installed components and the operation of the building systems, including the controls normally operated by the owner, for the following components of a residential building:

(a) heating systems;

(b) electrical systems;

(c) cooling systems;

(d) plumbing systems;

(e) structural components;

(f) foundation;

(g) roof covering;

(h) insulation and ventilation;

(i) drain, waste and venting;

(j) exterior and interior components; and

(k) site elements as they affect the building;

"home inspector" means any person who is accredited pursuant to this Act or its regulations as a home inspector and who engages in the business of performing home inspections and writing home inspection reports;

"home inspection report" means a written report prepared for the remuneration and issued after a home inspection; and

"residential building" means a structure consisting of a residential units).

Licence requirement for home inspection

2  (1) A person must not provide a home inspection to or on behalf of another, for or in expectation of remuneration, unless the person is licensed in accordance with the provisions of this Act or its regulations.

(2) A person must not use the title "home inspector" to describe the person's services unless the person is licensed in accordance with the provisions of this Act or its regulations.

(3) A licence required by this Act is additional to any licence, registration, certificate, enrolment or qualification required by or under any other Act.

Conflict of interest

3  A home inspector shall not place himself/herself in a Conflict of Interest when performing his/her duties

Requirements for obtaining licence

4  (1) A person is eligible to obtain a licence as a home inspector if the person has done the following:

(a) Completed and passed, within a prescribed period of time, a certification or diploma program that:

(i) requires no less than a prescribed number of hours of study, set by the board; and

(ii) covers all of the components required by the board

(b) Completed the field experience as required by the board;

(c) Passed a valid, reliable examination designed to test competence in home inspection practice, developed pursuant to accepted standards adopted by the board; and

(d) Any other requirement established by the board, this Act, or its regulations.

Home Inspection Board

5  (1) The Lieutenant Governor in Council may, by regulation, establish a Home Inspection Board.

(2) The purposes of the board are the following:

(a) to provide consumer protection to prospective home buyers;

(b) to establish standards of practice and a code of ethical conduct for home inspection;

(c) to oversee the training and accreditation process for home inspectors; and

(d) to oversee the licensing of home inspectors.

Composition of the board

6  (1) The minister may appoint up to nine members to the board.

(2) The board will consist of, at minimum

(a) two accredited and independent home inspectors who have been actively engaged in the practice of home inspection for at least five years;

(b) one consumer advocate who is not involved in the housing industry; and

(c) up to six members representing the major home inspection associations operating in British Columbia, with numbers divided equally between them on a per capita basis.

Powers and responsibilities of the board

7  (1) The board is responsible for the licensing of home inspectors under this Act;

(2) In addition to subsection (1), the board shall

(a) establish criteria for issuing, renewing, failing to renew, suspending or revoking a home inspection licence;

(b) establish standards for the initial and continuing education of home inspectors;

(c) adopt a code of ethics and standards of practice for licensed home inspectors; and

(d) establish standards for acquiring the training and experience requirements of home inspectors.

(3) The board shall publish any standards or criteria established under subsection (2).

Power to make regulations

8  (1) The Lieutenant Governor in Council may make regulations referred to in sec-tion 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) defining an expression used but not defined in this Act;

(b) exempting a person from the application of all or part of the Act or establishing circumstances when all or part of this Act does not apply;

(c) respecting fees and charges payable for applications or licences under this Act;

Commencement

9  (1) This Act comes into force on the date of Royal Assent.

 
Explanatory Note

This Bill provides greater consumer protection for home buyers by prohibiting persons from inspecting a home without a licence and setting out basic requirements for obtaining a licence. The Bill will establish a Home Inspection Board, which will be responsible for licensing home inspectors. The Board will also establish standards for the education, training and experience requirements for home inspectors, and adopt a code of ethics and standards of practice for licensed home inspectors.