reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 10.00 - INSURANCE REQUIREMENTS FOR LIMITED LIABILITY CORPORATIONS AND LIMITED LIABILITY PARTNERSHIPS › Section 10.01 - Liability Insurance Requirements for Limited Liability Corporations and Limited Liability Partnerships

Current through Register 1525, July 5, 2024
(1) A limited
			 liability company and a limited liability partnership which owns or operates
			 any practice, facility or business which provides hearing instrument services
			 shall maintain professional liability insurance which meets the following
			 minimum standards:
(a) The insurance shall
			 cover negligence, wrongful acts, errors and omissions and insure the LLC and
			 its officers or the LLP and its partners as required by M.G.L. c. 156C, §
			 65 and M.G.L. c. 108A, § 45(8)(a), respectively.
(b) For each claim concerning an LLC, the
			 minimum insurance coverage shall be either:
1.
			 at least $250,000.00 multiplied by the number of individual registrants
			 employed by or who are officers of the LLC; or
2. an aggregate amount of at least
			 $1,000,000.00 multiplied by the number of individual registrants employed by or
			 who are officers of the LLC.
(c) For each claim concerning an LLP, the
			 minimum insurance coverage shall be:
1. at
			 least $250,000.00 multiplied by the number of individual registrants employed
			 by or who are partners of the LLP; or
2. an aggregate amount of at least $ 1
			 ,000,000.00 multiplied by the number of individual registrants employed by or
			 who are partners of the LLP.
3. An
			 LLP shall be considered to have complied with the requirements of 265 CMR 10.01
			 if the partnership provides for the above-specified amount of funds
			 specifically designated and segregated for the satisfaction of judgments
			 against the partnership or its partners based on negligence , wrongful acts,
			 errors and omissions by:
4. deposit
			 in trust or in bank escrow of cash, bank certificates of deposit, or United
			 States Treasury obligations; or
5.
			 a bank letter of credit or insurance company bond.
(d) The insurance coverage required by this
			 section may provide that it does not apply to any dishonest, fraudulent,
			 criminal or malicious act or omission of the insured LLC or any employee or
			 officer thereof or the insured LLP or any employee or partner
			 thereof.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 10.00 - INSURANCE REQUIREMENTS FOR LIMITED LIABILITY CORPORATIONS AND LIMITED LIABILITY PARTNERSHIPS › Section 10.02 - Cancellation of Insurance

Current through Register 1525, July 5, 2024
(1)
			 Cancellation or any other interruption in required insurance coverage shall
			 require an LLC or LLP to immediately cease the practice of providing hearing
			 instrument services until such time as the LLC or LLP is in compliance with
			 this section.
(2) An LLC or LLP
			 must notify the Board within five (5) business days if its insurance coverage
			 is cancelled or otherwise interrupted. Failure to provide the required notice
			 to the Board will subject to disciplinary action pursuant to M.G.L. c. 112,
			 §61 or §199 registrants who are officers of the LLC or are partners
			 of the LLP.
Code of Massachusetts Regulations › 265 CMR - BOARD OF REGISTRATION OF HEARING INSTRUMENT SPECIALISTS › Title 265 CMR 10.00 - INSURANCE REQUIREMENTS FOR LIMITED LIABILITY CORPORATIONS AND LIMITED LIABILITY PARTNERSHIPS › Section 10.03 - Verification of Insurance

Current through Register 1525, July 5, 2024
An officer of an LLC or a partner of an LLP may be required to
				provide verification of compliance with this section to the Board when he or
				she seeks initial licensure, renewal of a license or at any other time as
				requested by the Board.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 3.00 - Procedure For Registration › Section 3.01 - Application and Licensing

Current through Register 1525, July 5, 2024
(1)
Application
. No application shall be acted upon by the Board unless the application is made on forms which are furnished by the Board, and unless said application is completely and properly filled out, signed under the penalties of perjury, and accompanied by such information that the Board requires.
(2)
Licensure
.
(a) In order to be licensed as an Associate Home Inspector applicants must meet the requirements for licensure set by M.G.L. c. 112, § 223, namely the applicant:
1. Is of good moral character.
2. Has successfully completed high school or its equivalent.
3. Has filed an application for licensure on forms furnished by the Board.
4. Has an identified Supervisor(s) who is a licensed Home Inspector in good standing in the Commonwealth.
5. Has paid the appropriate fee set by the Secretary of Administration and Finance.
6. Has performed and documented the successful completion of not less than 25 fee-paid Home Inspections under the Direct Supervision of a licensed Home Inspector. A total of ten Mock Inspections of the 25 required will be allowed if conducted with and provided by an approved provider in accord with 266 CMR 5.05:
Approval of Providers' for Education Programs and Activities
.
7. Has documented passing the written or electronic examination approved by the Board.
8. Has documented the successful completion of the Associate Home Inspectors Training Program in 266 CMR 4.00:
Associate Home Inspector Training and Registration Requirements
.
9. Agrees to uphold the standards of ethics and professional conduct set forth in 266 CMR 8.00:
Professional Competence and Conduct
.
The Board shall promptly notify an applicant in writing, whether his/her application has been approved. If the Board approves the application, the Board shall issue to the applicant an Associate Home Inspector License. The computation of the one year period referred to in M.G.L. c. 112, § 222(13)(d)(iii) shall begin upon issuance of the Associate Home Inspector license.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 3.00 - Procedure For Registration › Section 3.02 - Procedures for Renewal of a License and Renewal of a Lapsed/Expired License

Current through Register 1525, July 5, 2024
(1) Requirements for Renewal of a License.
(a) A Registrant must renew his or her license every two years. Each license originally issued to an individual shall be valid until May 31st on the even year next occurring. Upon renewal, the license will be valid until May 31st on the even year next occurring.
(b) A Registrant must submit to the Board a completed renewal application and the required fees prior to the expiration date of the license; and
(c) A Registrant must fulfill and document the continuing education activities as required in 266 CMR 5.00:
Continuing Education
.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 3.00 - Procedure For Registration › Section 3.03 - Procedures for Reinstatement of a License Which Has Been Revoked, Suspended, Surrendered, or Placed on Probation

Current through Register 1525, July 5, 2024
Procedures for the reinstatement of a license after discipline shall be determined by guidelines established by the Board or, in specific matters, by consent agreement or a decision and order of the Board issued consistent with M.G.L. c. 30A.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 3.00 - Procedure For Registration › Section 3.04 - Mandatory Insurance Coverage

Current through Register 1525, July 5, 2024
As a condition of licensure, all licensed Home Inspectors and Associate Home Inspectors engaged in the practice of Home Inspection shall secure, maintain, and file with the Board satisfactory proof of a certificate of errors and omissions insurance policy, which shall be in a minimum amount of $250,000 in the aggregate. All errors and omissions policies shall remain in effect for ten days after the Board receives written notice via certified mail of the inspector's intention to cancel or not renew. Notification shall be certified mail return receipt requested; it shall be the inspector's responsibility to notify the Board.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 3.00 - Procedure For Registration › Section 3.05 - Board Notification of Change in Name or Address

Current through Register 1525, July 5, 2024
(1)
Official Mailing Address
. The mailing address supplied to the Board by the Registrant will be considered as the address of record for receipt of correspondence from the Board. Failure to supply the Board with a correct mailing address may result in default judgment, or form a basis of independent disciplinary action.
(2)
Change of Address
. A Registrant shall notify the Board of any change in his or her name, or address. Such notification shall be in writing and shall be submitted within 30 days of the change in name or address.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 4.00 - ASSOCIATE HOME INSPECTOR TRAINING PROGRAM REQUIREMENTS › Section 4.01 - Educational Training Hours

Current through Register 1525, July 5, 2024
(1) Training requirements include the successful completion of 75 hours of Board approved Educational Training Hours All Providers of this course work must comply with 266 CMR 5.00:
Continuing Education
. Formal coursework must include not less than:
(a) Six hours dedicated to the inspection of roofing;
(b) Six hours dedicated to the inspection of exterior cladding system(s);
(c) Six hours dedicated to the inspection of masonry system(s);
(d) Nine hours dedicated to the inspection of structural system(s);
(e) Nine hours dedicated to the inspection of electrical system(s);
(f) Nine hours dedicated to the inspection of plumbing system(s);
(g) Nine hours dedicated to the inspection of heating and air conditioning systems;
(h) Six hours shall be dedicated to the 266 CMR regulations including the standards of practice;
(i) Six hours dedicated to Report writing;
(j) Three hours dedicated to professional ethics;
(k) Three hours dedicated to contract law.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 4.00 - ASSOCIATE HOME INSPECTOR TRAINING PROGRAM REQUIREMENTS › Section 4.02 - Verification/Approval of Educational Training Activities

Current through Register 1525, July 5, 2024
(1) At the time of Associate Home Inspector license application, each Trainee is required to submit to the Board a signed statement on a form provided by the Board attesting under the pains and penalty of perjury that he or she has satisfied the Educational Training Hour requirements.
(2) For each Educational Training Hours earned by participation in an Education Training Hour Program, the Applicant must be able to provide documentation of the following:
(a) The title of the program or course;
(b) The number of hours spent in the program or course;
(c) The name of the Board recognized entity or the academic institution that sponsored the program or course;
(d) The dates and location that the programs, courses, workshops, or seminars were given.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 4.00 - ASSOCIATE HOME INSPECTOR TRAINING PROGRAM REQUIREMENTS › Section 4.03 - Appeals on Education Training Hour Matters

Current through Register 1525, July 5, 2024
Any individual who wishes to appeal the decision of the Board regarding Educational Training Hour matters must submit a letter of appeal to the Board within 21 days of the receipt of the Board's decision. The applicant must supply the Board with any requested additional data and may be asked to appear before the Board. The Board reserves the right, upon request of Registrant, to allow the Registrant to practice home inspecting during the Board's appeals process.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 4.00 - ASSOCIATE HOME INSPECTOR TRAINING PROGRAM REQUIREMENTS › Section 4.04 - Inspections

Current through Register 1525, July 5, 2024
In order to be eligible to be licensed as an Associate Home Inspector, the Trainee must document the successful completion of 25 Home Inspections under the Direct Supervision of a Supervisor(s) as detailed in 266 CMR 3.01(2)(a)6. The Associate Home Inspector must complete an additional 100 Home Inspections under the Direct Supervision and/or Indirect Supervision of a Supervisor(s) to be eligible to be licensed as a Home Inspector.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 4.00 - ASSOCIATE HOME INSPECTOR TRAINING PROGRAM REQUIREMENTS › Section 4.06 - Duties and Requirements of the Supervisor

Current through Register 1525, July 5, 2024
(1) A Supervisor shall follow all of the state and federal laws, rules, and regulations governing or relating to the practice of Home Inspection.
(2) A Supervisor must be a licensed Home Inspector in the Commonwealth of Massachusetts in good standing.
(3) The Supervisor may or may not be the employer of the Associate Home Inspector.
(4) A Supervisor shall personally review the progress of the Trainee/Associate Home Inspector he or she is supervising and shall make a written evaluation of the Associate Home Inspector once every three months. Copies of the evaluations shall be provided to the Trainee/Associate Home Inspector.
(a) The evaluation shall, at a minimum, list the specific Home Inspections conducted and the training and related technical instruction, which the Trainee/Associate Home Inspector has received during the three-month evaluation period.
(b) Upon request by the Associate Home Inspector, the Supervisor(s) shall certify the Associate Home Inspector application as prescribed on the application form. The certification shall only be verification of the statements of the applicant pertaining to training and inspections performed while under the supervision of the Supervisor.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 4.00 - ASSOCIATE HOME INSPECTOR TRAINING PROGRAM REQUIREMENTS › Section 4.07 - Duties, Work Requirements and Prohibitions of Associate Home Inspectors and Trainees

Current through Register 1525, July 5, 2024
(1) A Trainee or Associate Home Inspector shall follow all of the state and federal laws, rules, and regulations governing or related to the practice of Home Inspection.
(2) A Trainee or Associate Home Inspector is responsible for maintaining copies of his or her Education Training Hours.
(3) Associate Home Inspectors are responsible for maintaining copies of his or her Continuing Education Hours.
(4) Associate Home Inspectors and Trainees are prohibited from signing sales and other business related documents unless the name and license number of the Supervisor are on the document.
(5) Associate Home Inspectors and Trainees are prohibited from advertising as a Home Inspector and/or as a home inspection firm, company, franchise, corporation and/or business. Further, Trainees and Associate Home Inspectors shall be prohibited from operating a home inspection firm, company, corporation and/or business unless there is a duly licensed Home Inspector on staff who is responsible for all inspection activities and all inspections comply with 266 CMR 6.00:
Standards of Practice
.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 5.00 - Continuing Education › Section 5.01 - Continuing Education Requirements

Current through Register 1525, July 5, 2024
(1) Licensed Home Inspectors and Associate Home Inspectors are required, as a condition of license renewal, to complete a minimum of 12 Continuing Educational Hours per renewal cycle. A renewal cycle consists of the 24 months prior to each renewal date (For lapsed, expired, suspended, revoked or surrendered licenses,
see
266 CMR 3.02:
Procedures for Renewal of a License and Renewal of a Lapsed/Expired License
and 3.03:
Procedures for Reinstatement of a License, which has been Revoked, Suspended, Surrendered, or Placed on Probation
).
(2) Registrants whose license is issued during the 24-month cycle shall have their Continuing Educational Hours prorated based on one hour per two months from the date of issue to the date of renewal.
(3) Only those continuing education activities, which are completed during the renewal cycle, will be acceptable as qualifying continuing education activities for that period.
(4) At least four hours of the required continuing education activities shall be dedicated to the 266 CMR regulations including the standards of practice and at least one hour shall be dedicated to professional ethics for each renewal cycle.
(5) Instructors of courses, workshops, or seminars shall be credited one hour for each continuing education activity hour taught by the instructor.
(6) All Continuing Educational Hours set forth in 266 CMR 5.00 are subject to approval by the Board.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 5.00 - Continuing Education › Section 5.02 - Verification/Approval of Continuing Education Activities

Current through Register 1525, July 5, 2024
(1) At the time of license renewal, each Registrant is required to submit to the Board a signed statement on a form provided by the Board attesting under the pains and penalty of perjury that he or she has satisfied of the Continuing Education requirements for that renewal period.
(2) For each Continuing Educational Hour earned by participation in a Continuing Education Program, the Registrant must be able to provide documentation of the following:
(a) The title of the program or course.
(b) The number of hours spent in the program or course.
(c) The name of the Board recognized entity or the academic institution that sponsored the program or course.
(d) The date and location that the programs, courses, workshops, or seminars were given.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 5.00 - Continuing Education › Section 5.03 - Waivers of Continuing Education Requirements

Current through Register 1525, July 5, 2024
(1) The Board may waive the continuing education requirement for any Registrant who, for reasons of health, disability, out of state military service, or undue hardship, cannot meet the requirements.
(2) An application for a waiver shall be submitted to the Board on a form provided by the Board.
(3) Waivers of continuing education requirements shall be effective for no more than one year, beginning the day after the license expires.
(4) A Registrant may apply for three consecutive waivers.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 5.00 - Continuing Education › Section 5.04 - Appeals on Continuing Education Matters

Current through Register 1525, July 5, 2024
Any individual who wishes to appeal the decision of the Board regarding continuing education matters must submit a letter of appeal to the Board within 21 days of the receipt of the Board's decision. The applicant must supply the Board with any requested additional data and may be asked to appear before the Board. The Board reserves the right, upon request of Registrant, to allow the Registrant to practice home inspecting during the Board's appeals process.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 5.00 - Continuing Education › Section 5.05 - Approval of Providers' for Education Programs and Activities

Current through Register 1525, July 5, 2024
(1)
Approval of Providers' for Education Programs and Activities
.
(a) The Board shall recognize, as Providers for approved Continuing Educational Hours and Education Training Hours coursework, schools approved by the Massachusetts Department of Education without the necessity of the provider submitting an, application, appearing before the Board and submitting the course curriculum and/or the instructors name and
vitae
. The coursework content must directly relate to the science of Home Inspection. Further, the Board may accept the number of credit hours indicated on the certificate1 provided by the school, to the named individual.
(b) The Board shall recognize, as Providers for approved Continuing Educational Hours and Educational Training Hours coursework, societies and trainers (including unions) approved by the Massachusetts Boards Registration for architects, engineers, electricians, plumbers and gas fitters, home inspectors, sanitarians without the necessity of the providers submitting an application, appearing before the Board and submitting the course curriculum and/or the instructors name and
vitae
. Further, the Board shall accept the number of credit hours indicated on the certificate, provided by the society and/or trainers, to the named individual, as Continuing Educational Hours.
(c) The Board shall recognize, as Providers, for approved Continuing Educational Hours and Educational Training Hours coursework, all training facilities approved by the political subdivisions of the Commonwealth of Massachusetts without application, appearance before the Board, submission of the course curriculum and/or the instructors name and
vitae
. Further, the Board shall accept the number of credit hours indicated on the certificate, provided by the facility and/or trainers, to the named individual, as Continuing Educational Hours.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 5.00 - Continuing Education › Section 5.06 - Educational Programs

Current through Register 1525, July 5, 2024
(1)
General Requirements
.
(a) No educational program course shall be approved for more than six hours in any one increment. However, if the course, seminar,
etc
. is broken down into increments of less than six hours each, the Board may approve the entire total even though the total exceeds six hours.
(b) At the discretion of the Board, may approve Educational Training and Continuing Educational Training Hours and/or courses retroactively.
(c) The Board shall revoke the approval of any Education Program for failure of the Provider to comply with the provisions of 266 CMR 5.06.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 6.00 - STANDARDS OF PRACTICE › Section 6.02 - Purpose

Current through Register 1525, July 5, 2024
(1) The purpose of a Home Inspection for Residential Buildings, including their attached garages, is to provide the Client with an inspection Report that forthrightly discloses the physical conditions of the systems and components listed in 266 CMR 6.04 which are Readily Accessible and Observable, including those systems and components, which are Safety Hazards as Observed at the time of the inspection.
(2) An inspection carried out under the standards of 266 CMR 6.04 is not and shall not be construed to be a comprehensive Architectural and/or Engineering study of the dwelling in question.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 6.00 - STANDARDS OF PRACTICE › Section 6.03 - General Requirements

Current through Register 1525, July 5, 2024
(1) Inspectors shall:
(a) Use a written or digital contract and provide only the Client with a copy of the contract unless expressly authorized in writing by the Client.
(b) Observe Readily Accessible and Observable installed systems and components listed in 266 CMR 6.04.
(c) Submit a confidential written Report only to the Client, which shall:
1. Identify those components specified to be identified in 266 CMR 6.04;
2. Indicate which systems and components that are present and designated for inspection in 266 CMR 6.04 which have not been inspected;
3. Indicate the condition of systems and components that were inspected, including those that were found to be in need of repair;
4. Record the Inspector's name (and the Trainee's name if applicable);
5. Record the Client's name and the address of the property inspected;
6. Record the on-site Inspection start and finish times;
7. Record the weather conditions at the time of the inspection; and
8. Record the existence of obstructions and/or conditions that prevented the inspection of the installed systems and components.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 6.00 - STANDARDS OF PRACTICE › Section 6.04 - Scope of the Home Inspection

Current through Register 1525, July 5, 2024
(1)
System: Roofing
.
(a) The inspector shall Observe and Report On:
1. Roof coverings;
2. Exposed roof drainage systems;
3. Flashings;
4. Skylights, chimneys;
5. Chimneys; and
6. Roof penetrations.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 6.00 - STANDARDS OF PRACTICE › Section 6.05 - General Limitations and Exclusions of the Home Inspection

Current through Register 1525, July 5, 2024
(1)
General Limitations
.
(a) Home Inspections done in accordance with the standards set forth in 266 CMR 6.04 are visual and not Technically Exhaustive.
(b) The Home Inspections standards set forth in 266 CMR 6.04 are applicable to Residential Buildings.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 6.00 - STANDARDS OF PRACTICE › Section 6.06 - Prohibitions

Current through Register 1525, July 5, 2024
Inspectors are prohibited from:
(1) Reporting on the market value of property or its marketability and/or the suitability of the property for any use.
(2) Advising their Client about the advisability or inadvisability of the purchase of the property.
(3) Offering or performing any act or service contrary to law and/or 266 CMR 6.00.
(4) Determining the cost of repairs of any item noted in their Report and/or inspected by them and/or their firm.
(5) Offering to make and/or perform any repair, provide any remedy: including but not limited to performing engineering, architectural, surveying, plumbing, electrical and heating services, pest control (treatment), urea formaldehyde or any other job function requiring an occupational license and/or registration (in the jurisdiction where the inspection had taken place) on a Dwelling, and/or Residential Building inspected by his or her firm. The only exception is if those repairs and/or services are part of a negotiated settlement of a complaint and/or claim against the Inspector and/or the firm he or she represents.
(6) However, nothing in 266 CMR 6.06 shall prohibit the Inspector and/or his or her firm from offering consulting services on a dwelling, and/or Residential Building his or her firm has not inspected as long as the consulting service is not pursuant to the sale and/or transfer of the property and/or dwelling.
(7) Operating any system or component that is shut down or otherwise inoperable. (However, the inspector shall recommend the seller and/or the seller's representative demonstrate that those systems and/or components are functional).
(8) Turn on any electrical or fuel supply and/or devices that are shut down. (However, the Inspector shall recommend the Seller and/or the Seller's Representative demonstrate that those systems and/or components are functional).
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 6.00 - STANDARDS OF PRACTICE › Section 6.07 - Required Distribution of Energy Audit Documents

Current through Register 1525, July 5, 2024
(1)
Purpose and Scope
. The purpose of 266 CMR 6.08 is to promote the informed use of energy audits by providing a document, outlining the procedures and benefits of a home energy audit, to buyers of residential dwellings at or before the time of closing.
(2)
Requirement
. Home Inspectors shall provide a document outlining the procedures and benefits of a home energy audit to all Clients purchasing a single family residential dwelling, a multiple family residential dwelling with less than five dwelling units, or a condominium unit in a structure with less than five dwelling units.
(3)
Distribution of Document Availability, Timing, and Format
. The Board shall make a copy of the document to be distributed available on its website. The document must be provided to the buyer of the real estate at or before closing.
(4)
Prohibition of Additional Fees
. No additional fees shall be imposed upon or collected from the buyer or seller of the real estate in connection with the provision of such document.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 8.00 - Professional Competence And Conduct › Section 8.01 - Grounds for Imposition of Disciplinary Sanctions

Current through Register 1525, July 5, 2024
(1) Violation of one or more of specified rules of conduct set forth in M.G.L. c. 112, § 225 may be considered unprofessional and improper conduct and subject the Registrant to Board discipline as set forth in M.G.L. c. 30A, c. 112, § 226.
(2) Violation of or failure to comply with any of the laws of the Commonwealth relating to the practice of home inspecting or a violation of or failure to comply with 266 CMR 8.00 may be considered unprofessional and improper conduct subject to Board discipline as set forth in M.G.L. c. 30A, c. 112, § 226.
(3) If a Registrant is convicted of or admits to sufficient facts or pleads
nolo contendre
to a crime in any jurisdiction, whether a felony or misdemeanor regardless of adjudication or sentence, and this crime relates to home inspecting or impacts the Registrant's ability to safely and effectively practice home inspecting, said conviction may be considered unprofessional and improper conduct subject to Board discipline as set forth in M.G.L. c. 30A, c. 112, §§ 61 and 226.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 8.00 - Professional Competence And Conduct › Section 8.02 - Prohibition Against Deceptive Advertising and Fee Setting Practices

Current through Register 1525, July 5, 2024
Deceptive Advertising
. The following advertising practices are considered fraudulent, false, deceptive, or misleading, and are prohibited:
(a) No person or persons shall advertise as a Home Inspector and/or hold themselves out as able to Operate a home inspection firm, company, corporation and/or business unless there is a duly licensed Home Inspector on staff and who is responsible for all inspection activities and all inspections are in compliance with 266 CMR 6.00:
Standards of Practice
.
(b) Advertising that contains a misrepresentation of facts or false statements regarding the Registrant's professional achievements, degrees, training, skills, and/or qualifications in the home inspection profession and/or any other profession requiring licensure.
(c) Advertising in which the content or the context makes only a partial disclosure of relevant facts (such as advertising, which advertises a discounted price without identifying the specific product or service to which the discounted price applies and without specifying the usual price for the product or services identified).
(d) Advertising that contains a representation that a continuing education or training program is approved by the Board if the content of the program departs from the content approved by the Board or is not in fact approved.
(e) Advertising that claims the Commonwealth of Massachusetts or any of its political subsidiaries certify the Inspector's Reports and/or its contents.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 8.00 - Professional Competence And Conduct › Section 8.03 - Ethical Standards and Professional Conduct

Current through Register 1525, July 5, 2024
(1)
Requirement to Respond to Board
.
(a) A Registrant shall respond within ten days to a written communication from the Board or its designee and shall make available to the Board any relevant records with respect to an inquiry or complaint about the Registrant's professional conduct. The ten-day period commences on the date the Board sends the communication to the Registrant's address of record.
(b) A Registrant shall cooperate with any reasonable request from a Division agent or employee acting on behalf of the Board while investigating a complaint or allegations regarding the Registrant's professional conduct as a Home Inspector, Associate Home Inspector, or an Associate Home Inspector or Trainee under his or her supervision.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 9.00 - Complaint Process › Section 9.01 - Record Keeping

Current through Register 1525, July 5, 2024
Home Inspectors and Associate Home Inspectors, shall maintain a copy of all Reports prepared by them or under their supervision for a period of not less than three years from the date of the completion of the written Report.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 9.00 - Complaint Process › Section 9.02 - Initiation

Current through Register 1525, July 5, 2024
Any person, organization, agent, or employee of the Division, or member of the Board may file a complaint or provide information to the Board that alleges misconduct by a Registrant. The Board's complaint form shall request the name, address, and telephone number of the party filing the complaint and a detailed description of the alleged act(s) that prompted the complaint and must be signed by the complainant or an authorized representative. The Board, at its discretion may investigate anonymous complaints.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 9.00 - Complaint Process › Section 9.03 - Inquiry and Investigation

Current through Register 1525, July 5, 2024
After receipt and review of a written complaint, the Board shall conduct or cause to be conducted any reasonable inquiry or investigation it deems necessary to determine the truth and validity of the allegations set forth in such complaint. If the Board determines that the complaint is lacking in merit, it may close the complaint.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 9.00 - Complaint Process › Section 9.04 - Request for Response

Current through Register 1525, July 5, 2024
If the Board determines that a complaint has merit, the Board or its duly authorized agent may request that the Registrant who is the subject of the complaint provide a response to the complaint. A Registrant may respond to a request for response either personally or through an attorney. A response must address the substantive allegations set forth in the complaint or request for response and be provided in writing and in a timely manner in accordance with such request.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 9.00 - Complaint Process › Section 9.05 - Informal Conference

Current through Register 1525, July 5, 2024
To facilitate disposition, the Board or its duly authorized agent may request any person to attend an investigative conference to discuss the complaint and response at any time prior to the commencement of a formal hearing conducted pursuant to M.G.L. c. 30A.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 9.00 - Complaint Process › Section 9.06 - Board Action Required

Current through Register 1525, July 5, 2024
If a Registrant fails to respond as requested by the Board or its duly authorized agent, or, after receipt of a response or at any point in the course of investigation or inquiry into a complaint, the Board determines that there is reason to believe that the alleged acts occurred and constitute a violation for which a Registrant may be sanctioned by the Board, the duly authorized agent or the Board may issue an order to show cause or offer to resolve the complaint by consent agreement or otherwise informally resolve the matter.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 10.00 - Procedures For Hearings And Appeals › Section 10.01 - Adjudicatory Hearings

Current through Register 1525, July 5, 2024
All adjudicatory proceedings before the Board are governed by 801 CMR 1.00:
Standard Adjudicatory Rules of Practice and Procedure
as promulgated by the Executive Office of Administration and Finance.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 10.00 - Procedures For Hearings And Appeals › Section 10.02 - Disposition and Sanctions

Current through Register 1525, July 5, 2024
The Board may, by a majority vote of the entire Board and upon determination made after a hearing pursuant to M.G.L. c. 30A, find that a Registrant has violated the provisions of M.G.L. c. 112, §§ 221 through 226 or M.G.L. c. 112, § 61 and/or 266 CMR 1.00 through 10.03 and impose sanctions, fines and penalties as set out in M.G.L. c. 112, § 226 or M.G.L. c. 112, § 61.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 10.00 - Procedures For Hearings And Appeals › Section 10.03 - Appeal

Current through Register 1525, July 5, 2024
Any appeal from a final adjudicatory disposition and/order by the Board is governed by and subject to the provisions of M.G.L. c. 30A or M.G.L. c. 112, § 64.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 11.00 - Insurance Requirements For Limited Liability Corporations And Limited Liability Partnerships › Section 11.01 - Liability Insurance Requirements for Limited Liability Corporations and Limited Liability Partnerships

Current through Register 1525, July 5, 2024
A limited liability company and a limited liability partnership which owns or operates any practice, facility or business which provides Home Inspection services shall maintain professional liability insurance which meets the following minimum standards:
(1) The insurance shall cover negligence, wrongful acts, errors and omissions and insure the LLC and its officers or the LLP and its partners as required by M.G.L. c. 156C, § 65 and c. 108A, § 45(8)(a).
(2) For each claim concerning an LLC, the minimum insurance coverage shall be either:
(a) at least $250,000.00 multiplied by the number of individual registrants employed by or who are officers of the LLC; or
(b) an aggregate amount of at least $1,000,000.00 multiplied by the number of individual registrants employed by or who are officers of the LLC.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 11.00 - Insurance Requirements For Limited Liability Corporations And Limited Liability Partnerships › Section 11.02 - Cancellation of Insurance

Current through Register 1525, July 5, 2024
(1) Cancellation or any other interruption in required insurance coverage shall require an LLC or LLP to immediately cease the practice of providing home inspection services until such time as the LLC or LLP is in compliance with 266 CMR 11.00.
(2) An LLC or LLP must notify the Board within five business days if its insurance coverage is cancelled or otherwise interrupted. Failure to provide the required notice to the Board will subject to disciplinary action pursuant to M.G.L. c. 112, § 61 or § 199 registrants who are officers of the LLC or are partners of the LLP.
Code of Massachusetts Regulations › 266 CMR - BOARD OF REGISTRATION OF HOME INSPECTORS › Title 266 CMR 11.00 - Insurance Requirements For Limited Liability Corporations And Limited Liability Partnerships › Section 11.03 - Verification of Insurance

Current through Register 1525, July 5, 2024
An officer of an LLC or a partner of an LLP may be required to provide verification of compliance with 266 CMR 11.03 to the Board when he or she seeks initial licensure, renewal of a license or at any other time as requested by the Board.
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 2.00 - Purpose, Authority, Definitions and Board Procedures › Section 2.01 - Purpose

Current through Register 1525, July 5, 2024
267 CMR 2.00 governs the
				licensure and practice of perfusionists, and establishes the requirements for a
				license and for a provisional license and for the renewal of the same, and
				establishes standards of professional practice and conduct for such
				licensees.
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 2.00 - Purpose, Authority, Definitions and Board Procedures › Section 2.06 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				267 CMR 2.00 are severable. If
				any provision of
				267 CMR 2.00 is declared
				unconstitutional or invalid by a court of competent jurisdiction, the validity
				of the remaining portions shall not be affected.
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 3.00 - LICENSURE REQUIREMENTS AND PROCEDURES › Section 3.01 - General Licensure Requirement

Current through Register 1525, July 5, 2024
Except as provided in
				267 CMR
				3.02, no person shall engage in the practice
				of perfusion services; perform or offer to perform perfusion services; use the
				title "perfusionist" or any derivative or abbreviation thereof; make any
				written, oral or electronic representation that he or she is a perfusionist; or
				otherwise hold himself or herself out to the public as a perfusionist or as
				able to engage in the practice of perfusion services, unless he or she has
				first obtained a license to practice as a perfusionist or provisionally
				licensed perfusionist from the Board pursuant to M.G.L. c. 112, § 216 and
				267 CMR
				3.00.
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 3.00 - LICENSURE REQUIREMENTS AND PROCEDURES › Section 3.02 - Exceptions to General Licensure Requirement

Current through Register 1525, July 5, 2024
(1)
Exception for Services
			 Provided Pursuant to Another Professional License
. Nothing in
			 267 CMR
			 3.01 shall be construed to prohibit, prevent
			 or otherwise restrict any person who is duly licensed or registered by any
			 agency of the Commonwealth of Massachusetts to practice a particular profession
			 or occupation from engaging in any activity which is within the lawful scope of
			 practice for that profession or occupation if:
(a) He or she does not represent to the
			 public in any manner, either directly or indirectly, that he or she is licensed
			 to practice as a perfusionist pursuant to
			 267 CMR 3.00; and
(b) He or she does not use any name, title,
			 or designation of any kind which indicates, either directly or indirectly, that
			 he or she is licensed to practice as a perfusionist pursuant to
			 267 CMR 3.00.
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 3.00 - LICENSURE REQUIREMENTS AND PROCEDURES › Section 3.04 - Application for Full Licensure

Current through Register 1525, July 5, 2024
The Board may grant a full license to an applicant who is 18
				years of age or older, of good moral character, has met all eligibility
				requirements and has submitted the following information and documentation to
				the Board:
(1) An accurate, complete
			 and signed application for full licensure, as specified by Board for that
			 purpose;
(2) Satisfactory written
			 proof that he or she is a graduate of a perfusion education program which meets
			 the educational standards established by the Accreditation Committee for
			 Perfusion Education and which has been approved by the Commission on
			 Accreditation of Allied Health Education Programs, or which has otherwise been
			 approved by the Board;
(3)
			 Satisfactory written proof that he or she holds a certificate as a certified
			 clinical perfusionist issued by the American Board of Cardiovascular Perfusion,
			 which is current and valid as of the date of his or her application to the
			 Board for licensure; and
(4)
			 Payment of the licensure fees prescribed by the Executive Office of
			 Administration and Finance pursuant to M.G.L. c. 7, § 3B, unless waived in
			 accordance with M.G.L. c. 112, § IB.
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 3.00 - LICENSURE REQUIREMENTS AND PROCEDURES › Section 3.05 - Application for Full Licensure by Reciprocity

Current through Register 1525, July 5, 2024
The Board may grant a full license by reciprocity to an
				applicant who is 18 years of age or older, of good moral character, has met all
				eligibility requirements and has submitted the following information and
				documentation to the Board:
(1) An
			 accurate, complete and signed application for full licensure, as specified by
			 the Board for that purpose;
(2)
			 Satisfactory proof that he or she holds a license, registration or certificate
			 to practice as a perfusionist under the laws of another state, territory or
			 political subdivision of the United States (including but not limited to the
			 District of Columbia or the Commonwealth of Puerto Rico), provided that the
			 eligibility requirements for such license, registration or certificate in the
			 issuing jurisdiction are substantially equivalent, in the opinion of the Board,
			 to the licensure requirements set forth in
			 267 CMR
			 3.04; and
(3) Satisfactory written proof that he or she
			 holds a certificate as a certified clinical perfusionist issued by the American
			 Board of Cardiovascular Perfusion, which is current and valid as of the date of
			 his or her application to the Board for licensure.
Code of Massachusetts Regulations › 267 CMR - BOARD OF REGISTRATION OF PERFUSIONISTS › Title 267 CMR 3.00 - LICENSURE REQUIREMENTS AND PROCEDURES › Section 3.06 - Provisional Licensure

Current through Register 1525, July 5, 2024
(1) A
			 provisional license to practice perfusion may be issued by the Board to any of
			 the following individuals, as long as the applicant meets all of the
			 requirements of 267 CMR 3.06(2) through (6):
(a) An individual who has successfully
			 completed an accredited perfusion education program which meets the
			 requirements of
			 267 CMR
			 3.04(2), but who has not yet
			 taken the perfusionist certification examination administered by the American
			 Board of Cardiovascular Perfusion;
(b) An individual who has successfully
			 completed an accredited perfusion education program which meets the
			 requirements of
			 267 CMR
			 3.04(2), and who has taken
			 the perfusionist certification examination administered by the American Board
			 of Cardiovascular Perfusion, but who has not yet received the results of that
			 examination; or
(c) An individual
			 who is seeking reinstatement of his or her certification as a clinical
			 perfusionist by the American Board of Cardiovascular Perfusion after that
			 certification expired or otherwise became invalid for reasons other than
			 disciplinary action by the Board or by the applicable licensing authority in
			 another state, territory or political subdivision of the United
			 States.