Maryland Home Inspector Licensing Law
Maryland Code · 29 sections
The following is the full text of Maryland’s home inspector licensing law statutes as published in the Maryland Code. For the official version, see the Maryland Legislature.
Md. Code, Bus. Occ. & Prof. GBO 16-101
§16–101.
(a) In this title the following words have the meanings indicated.
(b) (1) “Appraisal” means an analysis, conclusion, or opinion about the nature, quality, utility, or value of interests in or aspects of identified real estate.
(2) “Appraisal” includes:
(i) a valuation appraisal;
(ii) an analysis assignment; and
(iii) a review assignment.
(3) “Appraisal” does not include an opinion to a potential seller or third party by a person licensed under Title 17 of this article about the recommended listing price or recommended purchase price of real estate, provided that the opinion is not referred to as an appraisal.
(c) “Appraisal report” means any communication, oral or written, of an appraisal.
(d) “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(e) (1) “Certificate” means, unless the context requires otherwise, a certificate issued by the Commission that allows an individual to provide certified real estate appraisal services.
(2) “Certificate” includes, unless the context requires otherwise, each of the following certificates:
(i) a certificate to provide certified real estate appraisal services for general real estate; and
(ii) a certificate to provide certified real estate appraisal services for residential real estate.
(f) “Certified appraisal report” means an appraisal report prepared and signed by a certified real estate appraiser.
(g) (1) “Certified real estate appraiser” means, unless the context requires otherwise, an individual who is certified by the Commission to provide certified real estate appraisal services.
(2) “Certified real estate appraiser” includes:
(i) a certified real estate appraiser for general real estate; and
(ii) a certified real estate appraiser for residential real estate.
(h) “Commission” means the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors.
(i) “Home inspection” means a written evaluation of one or more of the components of an existing residential building, including the heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof, masonry structure, exterior and interior components, or any other related residential housing component.
(j) “Home inspector” means an individual who provides home inspection services for compensation.
(k) “License” means, unless the context requires otherwise, a license issued by the Commission to provide real estate appraisal services or to provide home inspection services.
(l) “Licensed home inspector” means an individual who is licensed by the Commission to provide home inspection services.
(m) “Licensed real estate appraiser” means an individual who is licensed by the Commission to provide real estate appraisal services.
(n) “Provide certified real estate appraisal services” means to provide real estate appraisal services as a certified real estate appraiser.
(o) “Provide home inspection services” means to provide home inspection services as a licensed home inspector.
(p) “Provide real estate appraisal services” means to make for consideration an appraisal of real estate or prepare or sign an appraisal report in connection with a federally related transaction, as defined in the federal Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
(q) (1) “Real estate” means any interest in real property that is located in the State or elsewhere.
(2) “Real estate” includes:
(i) an interest in a condominium; and
(ii) a time–share estate or a time–share license, as those terms are defined in § 11A–101 of the Real Property Article.
(r) “Real estate appraiser trainee” means an individual who is licensed by the Commission to provide real estate appraisal services while:
(1) under the supervision of a supervising appraiser; and
(2) in training to become a licensed real estate appraiser or certified real estate appraiser.
(s) “Supervising appraiser” means a certified residential real estate appraiser or a certified general real estate appraiser who has the responsibility of supervising one or more real estate appraiser trainees.
(t) (1) “Supervision” means the responsibility of a supervising appraiser to provide on–site direction or immediately available direction, through written instructions or by electronic means, to real estate appraiser trainees performing real estate appraisal services.
(2) “Supervision” includes a supervising appraiser accepting direct responsibility for a real estate appraisal prepared by the real estate appraiser trainee while the trainee is under the supervising appraiser’s direction on a specific appraisal assignment.
Md. Code, Bus. Occ. & Prof. GBO 16-202
§16–202.
(a) (1) The Commission consists of 15 members.
(2) Of the 15 members of the Commission:
(i) at least 2 shall be certified general real estate appraisers;
(ii) 2 shall be certified general real estate appraisers, certified residential real estate appraisers, or licensed real estate appraisers;
(iii) 2 shall be representatives of a financial institution who are not certified or licensed real estate appraisers or home inspectors;
(iv) 4 shall be licensed home inspectors, each of whom shall have held a license as a home inspector in the State for at least 5 years;
(v) 4 shall be consumer members; and
(vi) 1 shall be a representative of an appraisal management company registered under Subtitle 5B of this title.
(3) The Governor shall:
(i) appoint the members with the advice of the Secretary and with the advice and consent of the Senate; and
(ii) consider demographic and geographic diversity when making appointments to the Commission.
(b) Each member of the Commission shall be a citizen of the State.
(c) (1) Each consumer member of the Commission:
(i) shall be a member of the general public;
(ii) may not be a licensee, holder of a certificate, or otherwise be subject to regulation by the Commission;
(iii) may not be required to meet the qualifications for the professional members of the Commission; and
(iv) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Commission.
(2) While a member of the Commission, a consumer member may not:
(i) have a financial interest in or receive compensation from a person regulated by the Commission; or
(ii) grade any examination given by or for the Commission.
(d) Before taking office, each appointee to the Commission shall take the oath required by Article I, § 9 of the Maryland Constitution.
(e) (1) The term of a member is 3 years.
(2) The terms of members are staggered as required by the terms provided for members of the Commission on January 1, 1991.
(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(5) A member may not serve for more than 2 consecutive 3–year terms.
(f) (1) The Governor may remove a member for incompetence or misconduct.
(2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Commission meetings held during any consecutive 12–month period while the member was serving on the Commission.
(3) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.
(4) In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
Md. Code, Bus. Occ. & Prof. GBO 16-203
§16–203.
(a) (1) From among its members, the Commission annually shall elect a chairman and a vice chairman, provided:
(i) if a chair is elected from among the real estate appraiser members, then the vice chairman shall be elected from among the licensed home inspector members; and
(ii) if a chair is elected from among the licensed home inspector members, then the vice chairman shall be elected from among the real estate appraiser members.
(2) At the end of a term, the chairman and vice chairman may be reelected.
(b) The chairman shall perform the duties that this title and the Commission require.
(c) While in office, the chairman shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article.
Md. Code, Bus. Occ. & Prof. GBO 16-204
§16–204.
(a) (1) Subject to paragraph (2) of this subsection, a majority of the members then serving on the Commission is a quorum.
(2) A majority of the members then serving on the Commission is not a quorum unless 2 home inspector members and 2 real estate appraiser members are present.
(b) (1) The Commission shall meet at least once each calendar quarter, at the times and places that the Commission determines.
(2) Each member of the Commission shall receive written notice of the time and place of a meeting at least 10 days before the scheduled date of the meeting.
(3) Within a reasonable time after giving notice to the Commission, a member of the public is entitled to be heard, at a meeting of the Commission, on any matter within the jurisdiction of the Commission.
(c) Each member of the Commission is entitled to:
(1) compensation in accordance with the State budget; and
(2) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Bus. Occ. & Prof. GBO 16-205
§16–205.
(a) (1) The Secretary shall appoint the executive director of the Commission from a list of 3 nominees submitted by the Commission.
(2) The executive director serves at the pleasure of the Secretary.
(b) (1) The executive director may not hold any position or engage in another business that:
(i) interferes with the position of executive director; or
(ii) might conflict with the position of executive director.
(2) While employed by the Commission, the executive director may not:
(i) be licensed in any state as a real estate appraiser or a home inspector;
(ii) engage in any act for which a license is required under this title; or
(iii) in connection with any real estate appraisal transaction or home inspection engagement, directly or indirectly receive or become entitled to receive any compensation, fee, or perquisite.
(c) The executive director is entitled to:
(1) compensation in accordance with the State budget; and
(2) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(d) The executive director is a special appointment in the State Personnel Management System.
(e) While employed as executive director, the executive director shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article.
Md. Code, Bus. Occ. & Prof. GBO 16-207
§16–207.
(a) The Commission, in accordance with the State budget, may employ:
(1) a general staff; and
(2) an investigative staff to conduct investigations.
(b) While employed by the Commission, an individual may not:
(1) be licensed in any state as a real estate appraiser or home inspector;
(2) engage in any act for which a license is required under this title; or
(3) in connection with any real estate appraisal transaction or home inspection engagement, directly or indirectly receive or become entitled to receive any compensation, fee, or perquisite.
Md. Code, Bus. Occ. & Prof. GBO 16-208
§16–208.
(a) To protect the interests of the public, the Commission shall promptly adopt, by regulation:
(1) appraisal standards of conduct for all individuals licensed or certified as real estate appraisers under this title, including standards regarding conflicts of interest and ethical conduct; and
(2) a code of ethics and standards of practice for individuals licensed as home inspectors under this title.
(b) The Commission shall promptly adopt at a minimum the uniform standards of professional appraisal practice of the appraisal foundation to meet the requirement under subsection (a) of this section.
(c) At the request of a licensee or certificate holder, the Commission shall provide a copy of the appraisal standards it adopts to the licensed or certified real estate appraiser or a copy of home inspection standards it adopts to the licensed home inspector.
Md. Code, Bus. Occ. & Prof. GBO 16-209
§16–209.
(a) (1) The Commission shall administer and enforce the provisions of this title.
(2) In connection with any action to enforce the provisions of this title, the Commission may:
(i) hold hearings;
(ii) administer oaths;
(iii) issue a subpoena for the attendance of a witness to testify or the production of evidence; or
(iv) take depositions in the same manner as provided in civil cases in the State.
(3) The Police Department of Baltimore City, the sheriff of a county, or a private process server shall serve a subpoena issued under this subsection.
(4) If a person fails to comply with a subpoena issued under this subsection, on petition of the Commission or another party, a circuit court may compel compliance with the subpoena.
(b) (1) If the Commission concludes that conduct alleged to be a violation of any provision of this title may result in irreparable harm to a person, the Commission may sue to enforce a provision of this title by ex parte, interlocutory, or final injunction.
(2) In seeking an injunction under this subsection, the Commission is not required to:
(i) post bond, if the injunction is sought against a person who does not hold a license issued under this title;
(ii) allege or prove that an adequate remedy at law does not exist; or
(iii) allege or prove that substantial or irreparable damage would result from the continued violation of the provision.
(c) (1) Subject to the provisions of this section, the Commission shall conduct an investigation that relates to any complaint alleging that an unauthorized person has provided real estate appraisal services or home inspection services.
(2) A complaint shall:
(i) be in writing;
(ii) state specifically the facts on which the complaint is based; and
(iii) be submitted to the Commission.
(3) If a complaint is made by any person other than a member of the Commission, the complaint shall be made under oath by the person who submits the complaint.
(d) A member of the Commission may not be held personally liable for any action taken under this section.
Md. Code, Bus. Occ. & Prof. GBO 16-210.1
§16–210.1.
(a) The Commission shall establish a Home Inspector Hearing Board.
(b) (1) The Hearing Board shall consist of 3 members of the Commission, appointed by the Commission.
(2) Of the 3 positions on the Home Inspector Hearing Board:
(i) 2 shall be licensed home inspectors; and
(ii) 1 shall be a consumer member.
(c) From among the members of the Hearing Board, the Commission shall designate a chairman.
Md. Code, Bus. Occ. & Prof. GBO 16-212
§16–212.
(a) The Commission shall keep an indexed record of:
(1) each application for licensure or certification;
(2) each issuance of a license or certificate;
(3) each reprimand of a licensed real estate appraiser or certified real estate appraiser or licensed home inspector; and
(4) each suspension or revocation of a licensed real estate appraiser or certified real estate appraiser or licensed home inspector.
(b) The Commission shall make available to the public:
(1) the record during business hours; and
(2) on request, a copy of the record at a reasonable price that the Commission sets.
Md. Code, Bus. Occ. & Prof. GBO 16-213
§16–213.
(a) The Commission shall issue at least annually a roster that shows:
(1) the name of each licensed real estate appraiser trainee, licensed real estate appraiser, certified real estate appraiser, and licensed home inspector; and
(2) the name and place of business of each licensed real estate appraiser, certified real estate appraiser, and licensed home inspector.
(b) On request, the Commission shall make available to the public a copy of the roster at a reasonable price that the Commission sets.
Md. Code, Bus. Occ. & Prof. GBO 16-214
§16–214.
On request, the Commission shall issue a document of good standing to a licensed real estate appraiser trainee, licensed real estate appraiser, certified real estate appraiser, or licensed home inspector who:
(1) is in good standing in the State; and
(2) pays the issuance fee set by the Commission.
Md. Code, Bus. Occ. & Prof. GBO 16-216
§16–216.
In addition to any powers set forth elsewhere, the Commission may:
(1) sponsor research and other educational activities about real estate appraising or home inspecting;
(2) adopt any regulation to carry out the provisions of this title;
(3) review and approve any on-site training programs, including programs that have been approved by national home inspection organizations;
(4) keep a record of its proceedings; and
(5) adopt an official seal to authenticate its proceedings, official records, licenses, and certificates.
Md. Code, Bus. Occ. & Prof. GBO 16-217
§16–217.
(a) (1) Beginning on July 1, 2011, the Commission may set by regulation reasonable fees for its services.
(2) The fees charged shall be:
(i) set so as to produce funds to approximate the cost of maintaining the Commission; and
(ii) based on the calculations performed by the Secretary of Labor under § 2–106.8 of the Business Regulation Article.
(b) The Commission shall publish the fee schedule set by the Commission.
(c) (1) Beginning on July 1, 2011, the Commission shall pay all fees collected under this title to the Comptroller.
(2) The Comptroller shall distribute the fees to the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors Fund established in § 2–106.7 of the Business Regulation Article.
Md. Code, Bus. Occ. & Prof. GBO 16-301
§16–301.
(a) After June 30, 1991, and except as otherwise provided in this title, an individual shall be licensed by the Commission to provide real estate appraisal services before the individual may provide real estate appraisal services in the State.
(b) This section does not apply to an individual who provides real estate appraisal services that are only incidental real estate appraisal services, including home inspectors and environmental auditors.
(c) In addition to subsection (b) of this section, this section does not apply to an individual who provides real estate appraisal services that the Commission defines by regulation to be only incidental real estate appraisal services.
(d) This section does not apply to an individual who is licensed to practice any business or occupation in the State while acting within the scope of the license.
Md. Code, Bus. Occ. & Prof. GBO 16-3A-01
§16–3A–01.
(a) Except as otherwise provided in this title, an individual shall be licensed by the Commission as a home inspector before the individual may provide home inspection services in the State.
(b) This title does not apply to:
(1) an individual who is employed as a building code enforcement official by the State or a political subdivision of the State, while acting within the scope of that employment;
(2) an individual who is employed as a federal or State inspector, while acting within the scope of that employment;
(3) a plumber, electrician, professional engineer, real estate appraiser, real estate broker or agent, or heating, ventilation, air-conditioning, or refrigeration contractor who is licensed in the State, while acting within the scope of that license;
(4) a roofer, general contractor, remodeler, or structural pest control specialist, while acting within the scope of that occupation; or
(5) any other professional whose services may be required in the building or remodeling of real property and who does not claim to be a licensed home inspector.
Md. Code, Bus. Occ. & Prof. GBO 16-3A-02
§16–3A–02.
(a) To qualify for a license as a home inspector, an applicant must be an individual who meets the requirements of this section.
(b) Prior to July 1, 2002, an applicant for a home inspector license shall:
(1) meet two of the following conditions:
(i) have completed a minimum of 48 hours of an on-site training course approved by a national home inspection organization or the Commission;
(ii) have completed a minimum of 2 years of relevant work experience, as determined by the Commission, immediately preceding the submission of an application;
(iii) have completed at least 100 home inspections for compensation; or
(iv) submit proof of full membership in or certification by one of the following national home inspection organizations:
1. American Society of Home Inspectors; or
2. National Association of Home Inspectors;
(2) have a high school diploma or its equivalent;
(3) have general liability insurance in an amount not less than $50,000;
(4) submit to the Commission an application on the form that the Commission provides; and
(5) pay to the Commission an application fee of $50.
Md. Code, Bus. Occ. & Prof. GBO 16-3A-03
§16–3A–03.
An applicant for a home inspector license shall:
(1) have completed a minimum of 72 hours of an on–site training course approved by a national home inspection organization and the Commission that at a minimum requires successful completion of the National Home Inspector Examination or its equivalent as determined by the Commission;
(2) have a high school diploma or its equivalent;
(3) have insurance as required under § 16–4A–04 of this title;
(4) submit to the Commission an application on the form that the Commission provides; and
(5) pay to the Commission an application fee set by the Commission.
Md. Code, Bus. Occ. & Prof. GBO 16-3A-04
§16–3A–04.
(a) Except as provided in subsection (c) of this section, subject to the licensing provisions of this section, the Commission may issue a license by reciprocity under this section for an applicant who is licensed to provide home inspection services in another state.
(b) The Commission may issue a license by reciprocity under this section for an applicant who is licensed to provide home inspection services in another state only if the applicant:
(1) pays to the Commission an application fee as set by the Commission; and
(2) provides adequate evidence that the applicant:
(i) meets the qualifications otherwise required by this subtitle;
(ii) holds an active license in good standing from the other state;
(iii) became licensed in the other state after meeting, in that or another state, requirements that were at least equivalent to those then required by the laws of this State; or
(iv) at the time of the application for a license by reciprocity under this section, the applicant meets the requirements currently required by the laws of this State.
(c) Subject to the licensing provisions in this section, the Commission may issue a license by reciprocity to provide home inspection services to an individual who satisfies to the Commission that the applicant is qualified based on a combination of comparable education, training, and experience in providing home inspection services.
Md. Code, Bus. Occ. & Prof. GBO 16-3A-05
§16–3A–05.
If an applicant qualifies for a home inspector license under this title, the Commission shall send the applicant a notice that states:
(1) the applicant has qualified for the license; and
(2) the Commission will issue the home inspector license to an applicant upon receipt of a license fee set by the Commission.
Md. Code, Bus. Occ. & Prof. GBO 16-3A-07
§16–3A–07.
(a) Unless a license is renewed for a 2–year term as provided in this section, the license expires on a staggered basis as determined by the Secretary.
(b) (1) At least 1 month before a license expires, the Commission shall mail or electronically transmit to the licensee:
(i) a renewal application form; and
(ii) a notice that states:
1. the date on which the current license expires; and
2. the amount of the renewal fee.
(2) If an electronic transmission under paragraph (1) of this subsection is returned to the Commission as undeliverable, the Commission shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Commission received the notice that the electronic transmission was undeliverable.
(c) Before a license expires, the licensee may renew it for an additional 2–year term, if the licensee:
(1) otherwise is entitled to be licensed;
(2) pays to the Commission a renewal fee set by the Commission;
(3) submits a renewal application on the form that the Commission provides; and
(4) submits proof of compliance with the insurance requirement of § 16–4A–04 of this title.
(d) The Commission shall renew the license of and issue a license to each licensee who meets the requirements of this section.
(e) (1) The Commission shall adopt regulations to require a demonstration of continuing professional competency of up to 30 educational hours for a licensee as a condition of renewal of a license under this section in accordance with paragraphs (2) through (6) of this subsection.
(2) Continuing professional competency requirements do not apply to the first renewal of a license.
(3) If a license expires on or before September 30, 2013, a licensee is not required to fulfill the continuing professional competency requirements.
(4) If a license expires between October 1, 2013, and September 30, 2014, a licensee is required to fulfill 50% of the continuing professional competency requirements as provided in the regulations adopted by the Commission under this subsection.
(5) If a license expires on or after October 1, 2014, a licensee is required to fulfill the full continuing professional competency requirements as provided in the regulations adopted by the Commission under this subsection.
(6) Educational hours from a continuing professional competency course satisfy the requirement of paragraph (1) of this subsection if:
(i) the course is offered by:
1. the American Society of Home Inspectors;
2. the National Association of Home Inspectors; or
3. any other provider approved by the Commission; and
(ii) the Commission determines that the course increases the licensee’s knowledge of the provision of home inspection services, including one or more components of an existing residential building.
Md. Code, Bus. Occ. & Prof. GBO 16-4A-01
§16–4A–01.
(a) A licensed home inspector shall give to each person for whom the licensee performs a home inspection for compensation or to the person’s representative, a written report that states:
(1) the scope and the exclusions of the inspection;
(2) the conditions observed during the home inspection that are subject to the adopted standards of practice and code of ethics approved by the Commission;
(3) the license number of the licensee; and
(4) a disclosure in 14–point bold type that includes the following statements:
(i) “An inspection is intended to assist in the evaluation of the overall condition of a building. The inspection is based on observation of the visible and apparent condition of the building and its components on the date of the inspection”;
(ii) “The results of this home inspection are not intended to make any representation regarding latent or concealed defects that may exist, and no warranty or guaranty is expressed or implied”;
(iii) “If your home inspector is not a licensed structural engineer or other professional whose license authorizes the rendering of an opinion as to structural integrity of a building or the condition of its components or systems, you may wish to seek the professional opinion of a licensed structural engineer or other professional regarding any possible defects or other observations set forth in this report”; and
(iv) “Only home inspections performed by Maryland licensed home inspectors will be recognized as a valid home inspection under a real estate contract”.
(b) The licensee shall give the person or the person’s representative the report:
(1) by the date set in a written agreement by the parties to the home inspection; or
(2) within 7 business days after the home inspection was performed, if no date was set in a written agreement by the parties to the home inspection.
(c) Any limitation of the liability of the licensee for any damages resulting from the report on the home inspection shall be agreed to in writing by the parties to the home inspection prior to the performance of the home inspection.
Md. Code, Bus. Occ. & Prof. GBO 16-4A-04
§16–4A–04.
(a) A home inspector licensed by the Commission shall maintain general liability insurance in the amount of at least $150,000.
(b) (1) An applicant shall submit proof of the insurance required under this section to the Commission with the license application.
(2) The Commission may not issue a license to an applicant unless the applicant submits proof of the insurance.
(c) Unless an applicant meets the insurance requirements of this section, the Commission may not renew the license.
(d) A licensee shall give the Commission notice of the cancellation of insurance required under this section at least 10 days before the effective date of the cancellation.
Md. Code, Bus. Occ. & Prof. GBO 16-4A-05
§16–4A–05.
(a) Subject to the provisions of subsection (b) of this section, a licensed home inspector shall keep, for 5 years from the date of delivery to the client, the original or a copy of:
(1) each contract the licensee enters into for the provision of home inspection services;
(2) each home inspection report the licensee prepares or signs; and
(3) all supporting data that the licensee assembles or formulates to prepare a home inspection report.
(b) If, within the 5–year period for the retention of records, a licensed home inspector is given notice that a home inspection is involved in litigation, a new 5–year period shall start on the date of the final disposition of the litigation.
(c) A licensed home inspector shall make any record required to be kept under this section available to the Commission to inspect or copy.
Md. Code, Bus. Occ. & Prof. GBO 16-701.1
§16–701.1.
(a) Subject to the hearing provisions of § 16–602 of this title, the Commission may deny a home inspector license to any applicant, reprimand any home inspector licensee, or suspend or revoke a home inspector license if the applicant or licensee:
(1) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
(2) fraudulently or deceptively uses a license;
(3) engages in conduct that demonstrates bad faith, incompetency, negligence or untrustworthiness, or that constitutes dishonest, fraudulent, or improper dealings;
(4) under the laws of the United States or of any state, is convicted of:
(i) a felony; or
(ii) a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to provide home inspection services;
(5) fails to maintain the insurance required under § 16–4A–04 of this title;
(6) violates any provision of this title;
(7) violates any regulation adopted under this title; or
(8) aids, abets, or assists any person in violating any provision of this title or any regulation adopted under this title.
(b) (1) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this section, the Commission may impose a penalty not exceeding $5,000 for each violation.
(2) To determine the amount of the penalty imposed, the Commission shall consider:
(i) the seriousness of the violation;
(ii) the harm caused by the violation;
(iii) the good faith of the licensee; and
(iv) any history of previous violations by the licensee.
(3) The Commission shall pay any penalty collected under this subsection into the General Fund of the State.
(c) The Commission shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or a misdemeanor described in subsection (a)(4) of this section:
(1) the nature of the crime;
(2) the relationship of the crime to the activities authorized by the license;
(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to provide home inspection services;
(4) the length of time since the conviction; and
(5) the behavior and activities of the applicant or licensee before and after the conviction.
Md. Code, Bus. Occ. & Prof. GBO 16-703.2
§16–703.2.
(a) This section applies only in Baltimore City.
(b) A licensed home inspector conducting an inspection of a rental dwelling under Article 13, § 5–7 of the Baltimore City Code may not make a certification as a part of that inspection relating to:
(1) the presence or identification of pests, unless the home inspector is certified as a pest control consultant, pest control applicator, or public agency applicator under § 5–207 of the Agriculture Article; or
(2) the dwelling’s electrical system, unless the home inspector has completed a minimum of 8 hours of training in electrical systems certified by the Baltimore City Housing Commissioner.
(c) The electrical training required under subsection (b)(2) of this section shall be in addition to the training required under Subtitle 3A of this title.
Md. Code, Bus. Occ. & Prof. GBO 16-705.1
§16–705.1.
Unless authorized under this title to provide home inspection services, a person may not represent to the public, by use of a title, including “licensed home inspector”, by description of services, methods, or procedures, or otherwise, that the person is authorized to provide home inspection services in the State.
Md. Code, Bus. Occ. & Prof. GBO 16-707
§16–707.
(a) The Commission may impose on a person who violates this title a civil penalty not exceeding $5,000 for each violation, whether or not the person is licensed or holds a certificate under this title.
(b) In setting the amount of a civil penalty, the Commission shall consider:
(1) the seriousness of the violation;
(2) the good faith of the violator;
(3) any previous violations;
(4) the harmful effect of the violation on the complainant, the public, and the business of home inspections or real estate appraisals;
(5) the assets of the violator; and
(6) any other relevant factors.
Md. Code, Bus. Occ. & Prof. GBO 17-527.4
§17–527.4.
(a) (1) In this section, “service provider” includes a mortgage lender, a mortgage broker, a real estate appraiser, a home inspector, a plumber, an electrician, and a heating, ventilation, air–conditioning, and refrigeration contractor.
(2) “Service provider” does not include a home improvement contractor.
(b) Notwithstanding any other provision of law and except as otherwise provided in subsection (c) of this section, if a licensee offers the name of a service provider to a client in the provision of real estate brokerage services, the licensee need not verify that the service provider is currently licensed by the State to perform the services.
(c) If a licensee offers the name of a home improvement contractor to a client, the licensee shall:
(1) annually verify that the home improvement contractor is licensed by the Home Improvement Commission under Title 8 of the Business Regulation Article to act as a home improvement contractor before offering the name to the client; and
(2) inform the client of the website on which the licensing information may be found, and the date on which the licensee verified the information.
The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)