Public Chapter 340

HOUSE BILL NO. 665

By Representative Bowers

Substituted for: Senate Bill No. 872

By Senator Haun

AN ACT to amend Tennessee Code Annotated, Title 62, Chapter 6, relative to home inspection contractors.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 62, Chapter 6, is amended by adding the following new section:

Section __.

(a) No person, firm or corporation shall offer to perform or perform new inspection services for a fee without having first obtained:

(1) A contractor's license from the board; or

(2) Certification as a fire prevention or building official under 68-120-113; or

(3) Certification by the Southern Building Code Congress International or any other national professional building code organization; or

(4) Certification by the Home Inspectors of Tennessee Association, Inc.; or

(5) Certification by the American Society of Home Inspectors, Inc.; or

(6) Certification by the Home Inspectors of Tennessee Association, Inc. based on the association's standards in effect on May 1, 1997; or

(7) Membership in good standing with the American Society of Home Inspectors.

(b) For the purpose of inspections performed by a person, firm or corporation licensed or certified in accordance with subsection (a)(1), (2) or (3), "new inspection services" means the examination and evaluation of the structural and aesthetic features of new residential, commercial and industrial buildings. Provided, however, "new inspection services" only means the examination and evaluation of the structural and aesthetic features of new residential buildings for a person certified by the American Society of Home Inspectors, Inc. For the purpose of inspections performed by a person, firm or corporation certified in accordance with subsection (a)(4) or (a)(5), "new inspection services" means the examination and evaluation of the structural and aesthetic features only of new residential buildings. "New inspection services" does not include any work which is within the scope of practice of architecture, engineering, or landscape architecture or is performed by a person qualified to use the title "registered interior designer", all as defined in Title 62, Chapter 2, or any work performed by a real estate appraiser under Title 62, Chapter 39, or any work which is within the scope of building code enforcement as defined in Title 68, Chapter 120.

(c) A violation of this section is a Class C misdemeanor.

SECTION 2. The provisions of this act shall not apply in counties having a population, according to the 1990 Federal Census or any subsequent Federal Census of:

not less than nor more than

14,650 15,000

17,250 17,550

17,600 18,000

47,000 47,500

SECTION 3. The provisions of this act shall not apply in counties having a population, according to the 1990 Federal Census or any subsequent Federal Census of:

not less than nor more than

4,800 5,100

8,600 8,900

9,650 10,000

13,100 13,370

24,600 24,900

32,900 33,000

SECTION 4. The provisions of this act shall not apply in counties having a population, according to the 1990 Federal Census or any subsequent Federal Census of:

not less than nor more than

21,400 21,700

25,700 26,000

28,100 28,400

SECTION 5. The provisions of this act shall not apply in counties having a population, according to the 1990 Federal Census or any subsequent Federal Census of:

not less than nor more than

40,200 40,500

SECTION 6. The provisions of this act shall not apply in any county having a population of not less than thirty thousand two hundred (30,200) nor more than thirty thousand four hundred seventy-five (30,475) according to the 1990 Federal Census or any subsequent Federal Census.

SECTION 7. The provisions of this act shall not apply in any county having a population of not less than fifty-one thousand three hundred fifty (51,350) nor more than fifty-one thousand four hundred fifty (51,450) according to the 1990 Federal Census or any subsequent Federal Census.

SECTION 8. The provisions of this act shall not apply in counties having a population, according to the 1990 Federal Census or any subsequent Federal Census of:

not less than nor more than

4,700 4,750

24,600 24,900

34,500 34,730

SECTION 9. The provisions of this act shall not apply in counties having a population, according to the 1990 Federal Census or any subsequent Federal Census of:

not less than nor more than

7,000 7,075

9,475 9,600

27,800 28,000

SECTION 10. The provisions of this act shall not apply in counties having a population, according to the 1990 Federal Census or any subsequent Federal Census of:

not less than nor more than

21,800 22,100

SECTION 11. The provisions of this act shall not apply in counties having a population, according to the 1990 Federal Census or any subsequent Federal Census of:

not less than nor more than

6,700 6,950

44,500 45,000

10,471 10,800

22,200 22,500

22,600 23,000

SECTION 12. The provisions of this act shall not apply in counties having a population, according to the 1990 Federal Census or any subsequent Federal Census of:

not less than nor more than

16,700 16,950

35,050 35,070

SECTION 13. The provisions of this act shall not apply in counties having a population, according to the 1990 Federal Census or any subsequent Federal Census of:

not less than nor more than

9,000 9,250

13,925 14,000

35,300 35,500

54,600 55,000

25,300 25,600

37,500 37,800

35,075 35,200

68,100 68,400

12,700 13,000

23,300 23,400

25,300 25,600

4,000 4,600

7,200 7,500

9,275 9,400

15,900 16,200

18,200 18,500

SECTION 14. The provisions of this act shall not apply in counties having a population, according to the 1990 Federal Census or any subsequent Federal Census of:

not less than nor more than

27,500 27,750

31,900 32,200

7,100 7,175

31,500 31,800

46,000 46,500

SECTION 15. The provisions of this act shall not apply in any county having a population of not less than fifty thousand three hundred (50,300) nor more than fifty thousand six hundred (50,600) according to the 1990 Federal Census or any subsequent Federal Census.

SECTION 16. The provisions of this act shall not apply in counties having a population, according to the 1990 Federal Census or any subsequent Federal Census of:

not less than nor more than

16,300 16,650

SECTION 17. The provisions of this act shall not apply in any county having a population of not less than fifty-one thousand five hundred (51,500) nor more than fifty-one thousand eight hundred (51,800) according to the 1990 Federal Census or any subsequent Federal Census.

SECTION 18. The provisions of this act shall not apply in counties having a population, according to the 1990 Federal Census or any subsequent Federal Census of:

not less than nor more than

24,100 24,400

34,735 34,800

SECTION 19. The provisions of this act shall not apply in counties having a population, according to the 1990 Federal Census or any subsequent Federal Census of:

not less than nor more than

10,100 10,470

14,100 14,250

14,300 14,450

15,900 16,200

13,680 13,750

26,100 26,400

35,075 35,200

19,300 19,600

23,300 23,400

23,450 24,000

SECTION 20. The provisions of this act shall not apply in counties having a population, according to the 1990 Federal Census or any subsequent Federal Census of:

not less than nor more than

17,000 17,200

33,010 33,500

SECTION 21. The provisions of this act shall not apply in counties having a population, according to the 1990 Federal Census or any subsequent Federal Census of:

not less than nor more than

14,500 14,600

34,850 35,000

SECTION 22. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable.

SECTION 23. This act shall take effect July 1, 1997, the public welfare requiring it.