HB312 Alabama 2018 Session

Summary

Primary Sponsor

Ritchie WhortonRepresentative

Republican

Session

Regular Session 2018

Title

Home Inspectors Licensure Board, established to license and regulate the practice of home inspections, penalty for unlawful practice, Secs. 34-14D-1 to 34-14D-9, inclusive, added; Secs. 34-14B-1 to 34-14B-10, inclusive, repealed

Summary

HB 312 would create the Alabama Home Inspectors Licensure Board to license and regulate home and EIFS inspectors, replacing the current licensure by a state division.

What This Bill Does

It establishes the nine-member Alabama Home Inspectors Licensure Board to license, regulate, and discipline home and EIFS inspectors; it authorizes the board to issue, renew, suspend, or revoke licenses, set fees, and impose fines. It creates a dedicated Alabama Home Inspectors Licensure Fund to pay board expenses from fees and fines, and requires transition of existing licenses from the Division of Construction Management with possible exemptions. It repeals the old licensure chapter, sets licensing standards (including exams and insurance), and imposes penalties for unlicensed practice, while placing the board under the constitutional sunset framework and accounting for a future effective date and record transfer.

Who It Affects

• Home inspectors and EIFS inspectors would need to obtain and maintain a license, follow board rules, and face penalties for violations.
• People currently licensed as home or EIFS inspectors by the Division of Construction Management would transition to the new board, with possible exemptions from some requirements.
• Real estate brokers and home builders would participate in board composition and influence licensing standards and enforcement indirectly.
• Consumers and the general public would gain oversight through public board members and the licensure process, with penalties for unlicensed practice.
• Building officials and local governments would have representation on the board and be affected by licensure standards, with expenses funded from a dedicated state fund rather than the general fund.

Key Provisions

• Creates Chapter 34D (Home Inspectors Licensure Board) to license and regulate home inspections and EIFS inspections.
• Board composition includes 9 members: licensed real estate brokers, licensed home builders, licensed home inspectors, public members, and one government building official; terms, diversity requirements, and appointment processes are defined; board elects a chair, vice chair, and secretary; meets quarterly with a 5-member quorum.
• Board powers and duties: issue/renew/suspend/revoke licenses; investigate complaints; set licensure fees (not to exceed $500); impose fines up to $1,000; adopt rules; maintain records and provide copies for a fee.
• Establishes the Alabama Home Inspectors Licensure Fund; all fees and fines go into this fund to pay board expenses; funds are retained and carried over each year.
• Licensing process: applicants must meet character, finances, qualifications, insurance, and public-safety criteria; may require a written exam; initial license valid through December 31 of the issue year, with annual renewal; licensees must display registration numbers in advertising and documents.
• Insurance requirements: licensees must maintain required insurance and notify the board of policy termination; license may be suspended if coverage lapses.
• Unlicensed practice penalties: practicing as a licensed inspector without a license is a Class A misdemeanor and contracts for such work are void.
• Transition provisions: licenses held under the old system may continue; records transferred from the Division of Construction Management within seven days of the act's effective date; certain qualification or exam requirements may be exempted for existing licensees.
• Repeals Chapter 14B (old licensure framework) and transfers oversight to the new board; the act is subject to the Alabama Sunset Law with a termination date of October 1, 2023 and four-year review thereafter.
• Effective date: the act becomes effective on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Home Inspectors