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Table of ContentsTitle 46PROFESSIONAL AND OCCUPATIONAL STANDARDSPart XL. Home InspectorsChapter 129.§131.§133.§135.§137.§139.§141.Chapter §317.§319.§321.§325.§327.§329.Chapter 5.§501.General Rules . 1Adoption of Rules. 1Domicile; Meetings; Quorum; Service of Process; Publication . 1Officers; Election; Secretary-Treasurer; Chief Operating Officer; Board Staff; Duties . 1Meetings . 1Definitions . 2Licensing . 2Qualifications for Licensure and Application . 2Licensing Applications; Forms; Terms; Renewals; Inactive Status . 3Fees; Submission of Report Fees; Timeliness of Filings . 3Education/Training and Testing; Initial Licensure . 4Education Providers; Qualifications . 5Continuing Education; Instructors . 7Military Trained Applicants . 9Home Inspection Reports; Consumer Protection . 10Home Inspectors Record Keeping; Inspection; Production Retention . 10Insurance. 10Reciprocity . 11Exemptions from Licensure . 11Report of Address Changes . 11Display of License . 12LSBHI Funds; Deposits and Disbursements; Board Members; Reimbursement . 12Prohibited Acts: Penalties and Costs . 12Cease and Desist Orders; Injunctive Relief . 13Standards of Practice . 13Minimum Standards . 13Definitions . 14Purpose and Scope . 15General Limitations . 16General Exclusions . 16Structural Systems . 17Exterior System . 17Roofing System . 18Plumbing System . 18Electrical System . 19Air Conditioning and Heating System . 19Interior System . 20Insulation and Ventilation System. 20Built-In Kitchen Appliances . 21Code of Ethics . 21Code of Ethics . 21

Table of ContentsChapter 7. Disciplinary Actions . 22§701. Definitions . 22§703. Complaints . 22§705. Special Investigating Entity . 22§707. Investigations; Special Investigating Entity; Board Review . 23§709. Disciplinary Hearing; Procedure . 23§711. Pre-Hearing Resolution . 24§713. Hearing Procedure; Decision; Notice; Effective Date; Rehearing . 24Chapter 9. Declaratory Orders . 24§901. Purpose . 24§903. Declaratory Relief . 24§905. Applications; Petitions; Parties. 24§907. Governing Law . 25§909. Hearings; Decisions; Rehearing; Time . 25Chapter 11. Judicial Review . 25§1101.Judicial Review; Venue; Time . 25§1103.Appeals . 25

Title 46PROFESSIONAL AND OCCUPATIONAL STANDARDSPart XL. Home Inspectorsthe board, and subject to budgetary limitations. In theabsence of a contrary board pronouncement, the COO shallserve as the board's appointing authority.Chapter 1. General Rules§101.Adoption of RulesA. This administrative code (rules of the board) and allrevisions and additions to these rules shall be adopted inaccordance with R.S. 49:950 et seq., the AdministrativeProcedure Act.1. The COO shall be the custodian of all documents,filings and records of the board, and may issue process in theboard's name.2. The COO shall be responsible for the day to dayoperations of the board office and shall prepare and submit abudget for the board's consideration and approval.AUTHORITY NOTE: Promulgated in accordance with R.S.37:1474 and R.S. 37:1475.HISTORICAL NOTE: Promulgated by the Department ofEconomic Development, Board of Home Inspectors, LR 26:2738(December 2000), amended by the Office of the Governor, Boardof Home Inspectors, LR 30:1686 (August 2004).§103.3. The COO may have otherresponsibilities as conferred by the board.4.Domicile; Meetings; Quorum; Service ofProcess; PublicationandThe board shall fix the COO's compensation.C. The chairman shall preside at all meetings, approvethe agenda and shall be the official custodian of all records.A. The board shall be domiciled in Baton Rouge, butmay meet in other locations as determined by the board. Amajority of the board members shall constitute a quorum ofthe board for all purposes, including the issuance of licensesand the rulemaking and adjudicative functions of the board.D. The board shall be represented by the attorneygeneral’s office. In lieu of available representation from theattorney general, the board may retain qualified counsel ofits choice as according to law and at fees no higher than theschedule provided by the attorney general for specialassistant attorneys general. An attorney is qualified if areasonable portion of their practice and experience isobtained from or devoted to administrative agency practiceand procedure or civil litigation. In the event the board needscounsel on a specific area of expertise, an attorney may beretained for that purpose.B. The chief operating officer of the board shall be theagent for service of process. The board shall register thename and address of its agent for service of process asrequired by law.C. The board shall publish quarterly a bulletin, whichshall be the official journal of the board. This bulletin shallcontain notice of all applications filed, board agendas,minutes of open meetings, request for declaratory relief, andgenerally serve as the board's form notice to licensees andthe public. All licensees shall receive the bulletin free ofcharge. Others may subscribe to the bulletin.AUTHORITY NOTE: Promulgated in accordance with R.S.37:1475.HISTORICAL NOTE: Promulgated by the Department ofEconomic Development, Board of Home Inspectors, LR 26:2738(December 2000), amended by the Office of the Governor, Boardof Home Inspectors, LR 30:1686 (August 2004), 36:2857(December 2010), LR 43:311 (February 2017).AUTHORITY NOTE: Promulgated in accordance with R.S.37:1474-1475.HISTORICAL NOTE: Promulgated by the Department ofEconomic Development, Board of Home Inspectors, LR 26:2738(December 2000), amended by the Office of the Governor, Boardof Home Inspectors, LR 36:2857 (December 2010), LR 43:1910(October 2017).§105.duties§107.MeetingsA. All meetings shall be held in accordance with theLouisiana open meetings law. Unless otherwise designatedby the board, all meetings shall be held at the board'sdomicile in Baton Rouge.Officers; Election; Secretary-Treasurer; ChiefOperating Officer; Board Staff; DutiesB. The place, date and time of quarterly meetings are tobe published in the official state journal at the beginning ofeach calendar year.A. Officers shall be elected by the board at the lastmeeting of the preceding year, shall serve a term of one yearand may be reelected for additional terms. Officers may bereelected for additional terms. The board shall elect achairman and a vice chairman.C. Special meetings shall be held at least two weeks afternotification is given to each board member, unless a decisionor action is required by the board within two weeks of thescheduling of a special meeting. In that case, each boardmember shall receive at least 24-hour’s notice. The publicshall be provided notice of all special meetings as soon aspracticable, but no less than 24-hour’s notice. SpecialB. The board shall employ a secretary-treasurer whoshall not be a member of the board to serve as the chiefoperating officer (COO) of the board. The COO shallemploy other staff as reasonably necessary with approval of1Louisiana Administrative CodeOctober 2017

PROFESSIONAL AND OCCUPATIONAL STANDARDSHISTORICAL NOTE: Promulgated by the Department ofEconomic Development, Board of Home Inspectors, LR 26:2739(December 2000), amended by the Office of the Governor, Boardof Home Inspectors, LR 30:1686 (August 2004), LR 36:2858(December 2010), LR 41:919 (May 2015), LR 43:1910 (October2017).meeting agendas are to be posted at the meeting site at least24 hours prior to the meeting.D. Notices of all meetings and agendas shall be providedto all persons requesting notice in the same manner asprovided to board members.§111.AUTHORITY NOTE: Promulgated in accordance with R.S.37:1474-1475 and R.S. 42:7.HISTORICAL NOTE: Promulgated by the Department ofEconomic Development, Board of Home Inspectors, LR 26:2739(December 2000), amended by the Office of the Governor, Boardof Home Inspectors, LR 41:919 (May 2015).§109.A. Beginning January 1, 2001, no person shall engage inor conduct, or advertise or hold himself out as engaging in orconducting the business of, or acting in the capacity of, ahome inspector within the state without first obtaining alicense from the board.DefinitionsB. No license to conduct business as a home inspectorshall be issued to a corporation, limited liability company,partnership, firm, or group. The individually licensedinspectors, whether operating a business as a soleproprietorship or working for a company or corporation,shall be ultimately responsible for compliance with theserules, including, but not limited to:Applicant―a person who seeks to be examined forlicensure by the board.Board―the Louisiana State Board of Home Inspectors.Code―the professional and occupational standards ofhome inspectors promulgated in LAC 46:XL.Credit Hour―one continuing education course classroomhour, comprising at least 50 minutes of instruction.Law―the Louisiana Home Inspector Licensing Law, R.S.37:1471-1489.payment of all applicable fees;2.proper retention of records; and3.all other obligations as prescribed by these rules.D. All legal persons, business associations or relatedendeavors whose owners, shareholders, members, or otherpersons holding a proprietary interest in the endeavor whocurrently or formerly employ a licensed home inspector oran individual whose activities may be subject to the law orthe rules shall permit the inspector or individual to retaincopies of all related records of these activities. They shall beprovided to the board upon its request.Licensee―any person who has been issued a license bythe board in accordance with the provisions of the law andthese rules.LSBHI―an acronym for the Louisiana State Board ofHome Inspectors.Qualifying Licensee a licensed employee or member of acorporation, limited liability company and other in thebusiness of providing home inspection services, designatedby the entity to ensure compliance with the requirements ofthese rules and the home inspector licensing law.AUTHORITY NOTE: Promulgated in accordance with R.S.37:1475, R.S. 37:1477 and R.S. 37:1479.HISTORICAL NOTE: Promulgated by the Department ofEconomic Development, Board of Home Inspectors, LR 26:2740(December 2000).Resale Residential Building―a structure intended to be orthat is used as a residence and consists of four or less livingunits, excluding commercial use space or units, which is notfor sale for the first time.§113.Qualifications for Licensure and ApplicationA. Applicants must have:1.Rules―the body of regulations governing the board'sdischarge of its duties and responsibilities and prescribingthe privileges and obligations of persons desiring to engagein the home inspection business in Louisiana under theLouisiana State Home Inspectors Licensing Law.Timely Filing―a letter or written communication bearinga United States Post Office mark inscribed with the date afiling or report is due at the board's office. Any report ormaterials for filing bearing the canceled postal markreceived on the next business day following the due date arepresumed timely filed. Any report or materials for filingreceived after that time may be deemed timely filed only ifevidenced by a return receipt or proof of mailing bearing thedue date.attained the age of 18 years;2. successfullyequivalent/GED;completed3. andoritslicensingpaid the appropriate fees;5. submitted an application for licensure on boardprescribed forms which shall conform to these rules;6.proof of insurance as required by these rules; and7. not had a license revoked or suspended by the homeinspector licensing authority of another state.8. applied to the Louisiana State Police for a criminalbackground check, pay all costs associated therewith andsubmit the results to the board.AUTHORITY NOTE: Promulgated in accordance with R.S.37:1473 and R.S. 37:1475.October 20171.C. Licensing shall be governed by §§113 and 115.License Period―one year, expiring on the last day of themonth of issuance of the preceding year.Louisiana Administrative CodeLicensing2