Ohio Home Inspector Licensing Law
Ohio Code · 17 sections
The following is the full text of Ohio’s home inspector licensing law statutes as published in the Ohio Code. For the official version, see the Ohio Legislature.
ORC § 4735.22
| Referral of home inspectors. Effective: April 5, 2019 Latest Legislation: Senate Bill 255 - 132nd General Assembly PDF: Download Authenticated PDF If a real estate broker or real estate salesperson provides the name of a home inspector to a purchaser or seller of real estate, the broker or salesperson shall provide the buyer or seller with the names of at least three home inspectors. Any home inspector named shall be licensed under Chapter 4764. of the Revised Code. Providing a purchaser or seller of real estate with the names of licensed home inspectors does not constitute an endorsement or recommendation of those inspectors and does not obligate the broker or salesperson to satisfy any due diligence requirements with respect to the licensed home inspectors. This section does not require a broker or salesperson to provide purchasers or sellers of real estate with information on home inspection services or home inspectors. No cause of action shall arise against a broker or salesperson for providing or failing to provide the names of licensed home inspectors or information on home inspection services or for failing to recommend a licensed home inspector to a purchaser or seller. Section
Ohio Rev. Code § 4764.01
As used in this chapter:
(A) "Client" means a person who enters into a written contract with a home inspector to retain for compensation or other valuable consideration the services of that home inspector to conduct a home inspection and to provide a written report on the condition of a residential building.
(B) "Crime of moral turpitude" has the same meaning as in section 4776.10 of the Revised Code.
(C) "Home inspection" means the process by which a home inspector conducts a visual examination of the readily accessible components of a residential building for a client. "Home inspection" does not include pest inspections; environmental testing; inspection of any property or structure conducted by an employee or representative of an insurer; or determination of compliance with applicable statutes, rules, resolutions, or ordinances, including building, zoning, or historic codes.
(D) "Home inspection report" means a written report prepared by a licensed home inspector for compensation and issued after an on-site inspection of a residential property, including information on deficient systems or components, recommendations to repair or monitor deficiencies, a list of any systems not inspected, and reasons systems were not inspected.
(E) "Licensed home inspector" means a person who holds a valid license issued pursuant to section 4764.07 or 4764.10 of the Revised Code.
(F) "Parallel inspection" means a home inspection performed by an applicant for a home inspector license at which a licensed home inspector observes and evaluates the applicant during the inspection.
(G) "Readily accessible" means available for visual inspection without requiring a person to move or dismantle personal property, take destructive measures, or take any other action that will involve risk to a person or to the property.
(H) "Residential building" has the same meaning as in section 3781.06 of the Revised Code but also includes the individual dwelling units within an apartment or condominium complex containing four or more dwelling units.
(I) "Peer review session" means a practical exercise in which a prospective applicant for a home inspector license identifies and reports defects in a residential building that contains previously identified defects for the purpose of evaluating the prospective applicant's ability to conduct a home inspection and prepare a home inspection report.
Ohio Rev. Code § 4764.02
Section 4764.02 establishes licensing requirements for home inspectors. The statute prohibits any person from conducting a home inspection or representing such qualifications for compensation without proper licensure under Chapter 4764, with exceptions for parallel inspections. Home inspections must be performed under written contract between a licensed home inspector and their client. All inspections must conform to standards established by the Ohio home inspector board through its adopted rules. The section further prohibits knowingly making false representations about licensure status as a home inspector. Specific prohibited conduct includes: (A) conducting or representing qualification to conduct home inspections without licensure; (B) performing inspections without a written contract; (C) performing inspections not conforming to board-established requirements; and (D) knowingly making false statements regarding licensure.
Ohio Rev. Code § 4764.04
Creates a seven-member Ohio home inspector board. The governor appoints five licensed home inspectors; the senate president and house speaker each appoint one public representative with no financial interest in home inspection. No more than four members may belong to the same political party. Initial appointments were due within 90 days of April 5, 2019, with staggered terms of one, two, three, four, and five years. Subsequent terms last five years. The board organizes annually by selecting a chairperson and vice chairperson by majority vote and meets at least quarterly. Members receive expense reimbursement but no compensation. The appointing authority may remove members for misconduct, neglect, incapacity, or malfeasance. The board operates under the Department of Commerce, with the commerce director serving as ex officio executive officer or designating the superintendent of real estate and professional licensing for that role.
Ohio Rev. Code § 4764.05
The Ohio home inspector board shall adopt rules per Chapter 119 to establish standards for license issuance, renewal, suspension, and revocation; set fees for applications, renewals, and continuing education approvals; approve education and experience curricula; establish continuing education requirements and approval procedures; set home inspection standards and ethics; and review superintendent orders. The board must approve education curricula from accredited institutions requiring at least eighty hours of classroom or online prelicensing instruction and experience curricula requiring at least forty hours of work in the home inspection field plus peer review sessions. The board reviews superintendent appeals, hears recovery fund claims, disseminates licensee information, and notifies licensees of legal changes affecting home inspections.
Ohio Rev. Code § 4764.06
The superintendent of real estate and professional licensing shall administer this chapter and provide the Ohio home inspector board with meeting space, staff services, and technical assistance. The superintendent must provide applicants with home inspection requirements and issue licenses to qualified persons. Additional duties include administering the home inspector recovery fund, conducting fingerprint-based criminal records checks, approving continuing education institutions and courses, investigating complaints, maintaining an investigation section, and appointing hearing officers for disciplinary proceedings. The superintendent may not issue licenses to corporations, limited liability companies, partnerships, or associations, though licensed home inspectors may sign reports on behalf of such entities.
Ohio Rev. Code § 4764.07
To obtain a home inspector license in Ohio, applicants must submit an application form and fee to the superintendent of real estate and professional licensing. Applicants must provide fingerprints for criminal background checks, including FBI records. Requirements include proof of liability insurance, passing the national home inspector exam within two years, completing board-approved education, and demonstrating experience through either a curriculum or ten parallel inspections. Applicants must be at least 18 years old and have a high school diploma or equivalent. Certain individuals with prior licensure in related fields may be exempt from education and experience requirements but must meet all other criteria. The superintendent issues licenses to qualified applicants, subject to section 4768.14. Submission of an application does not constitute licensure.
Ohio Rev. Code § 4764.08
During each three-year period that a license is valid, a licensed home inspector shall successfully complete not less than fourteen hours of continuing education instruction annually in courses or programs directly applicable to the standards of practice and requirements specified in rules adopted by the Ohio home inspector board pursuant to division (A)(10) of section 4764.05 of the Revised Code. The superintendent of real estate and professional licensing shall accept only those courses and programs the superintendent approves in accordance with division (A)(8) of section 4764.06 of the Revised Code prior to the date the licensed home inspector completes the course or program. The superintendent shall not include parallel inspections completed by a person for credit toward satisfying the continuing education requirements specified in this section.
Ohio Rev. Code § 4764.09
A home inspector license issued or renewed under this chapter expires three years after issuance or renewal. To renew, a licensed home inspector must file a renewal application, proof of comprehensive or commercial general liability insurance, and proof of continuing education requirements within ninety days before expiration. Home inspectors who fail to renew before expiration may do so within three months following expiration by paying a late renewal fee, but cannot engage in licensed activities until the superintendent confirms renewal. Those who miss both deadlines or fail to submit required proof must reapply for a license under the initial application procedures.
Ohio Rev. Code § 4764.10
The superintendent of real estate and professional licensing may issue a home inspector license to applicants holding equivalent credentials from other jurisdictions, provided they submit an application, pay required fees, and meet specified requirements. These include: the applicant's jurisdiction must grant reciprocal privileges to Ohio licensees; licensing requirements must be substantially similar to or exceed Ohio's standards; the applicant must attest to familiarity with Ohio law; and the applicant must provide service of process information and consent to Ohio court jurisdiction. Additionally, the board shall issue licenses to applicants holding licenses in another state or possessing satisfactory work experience, government certification, or private certification as a home inspector in states without licensing requirements, as described in Chapter 4796 of the Revised Code.
Ohio Rev. Code § 4764.11
Licensed home inspectors must maintain comprehensive or commercial general liability insurance with minimum coverage of $100,000 per occurrence and $300,000 aggregate limit. Coverage applies to liability for loss, damage, or expense from acts occurring while performing inspections on premises. If an unlicensed employer maintains insurance covering the inspector, the inspector need not maintain separate coverage. Additionally, inspectors must retain for five years original written contracts, inspection reports, and work file documentation. The retention period begins when reports are submitted to clients, unless pending investigation or litigation exists, in which case retention extends until final disposition. Records must be made available to the superintendent of real estate and professional licensing upon reasonable notice.
Ohio Rev. Code § 4764.12
The superintendent of real estate and professional licensing may investigate licensed home inspectors for alleged violations of Chapter 4764 upon receiving written complaints or on their own motion. Investigators and auditors may review business records directly related to complaints during normal business hours, with the licensee's required cooperation. Within five business days of receiving a complaint, the superintendent must acknowledge it and notify the licensee with a description of alleged violations. Both parties may request an informal mediation hearing within twenty days. If both request mediation and reach an accommodation, the superintendent closes the complaint. Otherwise, a formal investigation proceeds. The superintendent may share licensee information with other state officials and law enforcement for administrative purposes, while maintaining confidentiality. The board or superintendent may compel witness attendance and document production through subpoena. Failure to comply with subpoenas or board orders may result in court proceedings and contempt charges.
Ohio Rev. Code § 4764.13
If the superintendent of real estate and professional licensing determines reasonable evidence exists that a licensed home inspector violated this chapter, the superintendent shall proceed per Chapter 119 notice and hearing requirements. After a hearing officer conducts a hearing and issues a report, the Ohio home inspector board shall review and order appropriate disciplinary action, which may include: (1) A reprimand; (2) A fine not exceeding one thousand dollars per violation; (3) Completion of education hours in subjects related to the violation; (4) License suspension until the inspector complies with board-established conditions; (5) License suspension for a specific period; (6) License revocation; (7) License surrender in lieu of discipline. A licensee may apply to enter into a settlement agreement after notification of a hearing. The board's decision and order is final, subject to review per Chapter 119 and appeal to the court of common pleas of Franklin county.
Ohio Rev. Code § 4764.14
The superintendent of real estate and professional licensing may refuse to issue or renew a home inspector license if an applicant fails to establish honesty and truthfulness, accepts compensation from multiple interested parties without written consent, receives commissions from parties dealing with clients in connection with home inspections, repairs or solicits repairs to residential building systems within the transaction period, fails to disclose business interests in writing before contract execution, has relevant criminal convictions or sex offender registration requirements, fails to maintain required records or cooperate with investigations, lacks required liability insurance coverage, violates adopted rules or chapter requirements, or fails to complete continuing education. The superintendent cannot refuse licensure based on criminal convictions except in accordance with section 9.79 of the Revised Code.
Ohio Rev. Code § 4764.16
The superintendent of real estate and professional licensing may investigate unlicensed individuals alleged to have violated section 4764.02 upon receiving written complaints or by motion. The superintendent possesses identical investigative powers as specified in section 4764.12. Following investigation, if reasonable evidence of violation exists, the superintendent must serve written notice within seven days per sections 119.05 and 119.07. The Ohio home inspector board conducts hearings following adjudication procedures under section 119.09. If violation is determined, civil penalties up to five hundred dollars per distinct violation may be imposed, separate from criminal fines under section 4764.99. Daily occurrences constitute separate violations. Payment plans are available upon request. The board maintains hearing transcripts and issues written orders with findings. Determinations are appealable under section 119.12. Unpaid civil penalties are forwarded to the attorney general for collection.
Ohio Rev. Code § 4764.17
This section establishes limitations on private causes of action against licensed home inspectors. Key provisions include: (A) No private cause of action exists unless maintainable under common law; (B) Damage actions based on home inspection services must be filed within one year of inspection; (C) Clients must notify inspectors of alleged deficiencies and allow opportunity to remedy before filing suit, with the one-year deadline paused during this review period; (D) Remedies under sections 4764.12-4764.15 are exclusive for conflict of interest violations; (E) The regulatory board may investigate violations beyond the one-year period.
Ohio Rev. Code § 4764.21
The home inspection recovery fund is established in the state treasury under the superintendent of real estate and professional licensing's administration. The Ohio home inspector board imposes special assessments (not exceeding $5 annually per licensing period) on licensees when fund balances fall below $250,000, with reduced assessments ($3 annually) when balances exceed $500,000 but remain under $1,000,000, and no assessments when balances exceed $1,000,000. Persons obtaining final judgments against licensed home inspectors for violations related to authorized inspection activities may apply to the Franklin County Court of Common Pleas for payment from the fund. Recoverable losses are limited to actual and direct losses; punitive damages, attorney's fees, and judgment interest are excluded, though court costs may be recoverable. Applicants must demonstrate exhausted appeals, diligent collection efforts against all liable parties, and timely filing (within one year of final judgment). The fund's liability per licensee is capped at $40,000. Claims exceeding this cap are distributed proportionally among claimants. When the superintendent pays from the fund, the home inspector's license may be suspended until full repayment with statutory interest.
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)