SASHI - SOUTH AFRICAN SOCIETY OF HOME INSPECTORS
SASHI Introduction

THE SOUTH AFRICAN SOCIETY OF HOME INSPECTORS

SASHI is a not-for-profit organization that exists to promote the Home Inspection Industry in South Africa.

​SASHI maintains that where regulation is determined to be advisable for the protection of public health, safety or welfare, any laws regulating home inspection should include standards of practice and a code of ethics, and should require proven experience, continuing education and demonstrated knowledge through passage of a psychometrically valid examination.

Since SASHI is of the opinion that a need for regulation is present in South Africa, we are dedicated to working with legislators to enact regulation that will clearly protect the interests of consumers and qualified home inspectors. In America, the American Society of Home Inspectors (ASHI) has successfully worked with state legislators and regulators to draft, pass and implement legislation and it continues to make its resources available to those states considering the regulation of home inspection as one means of protecting the home buying public.

We believe that the SASHI Model Legislation provides the best starting point for national legislative uniformity and consumer protection. The Model reflects standards that have worked well in the market place in the USA. SASHI encourages municipal and government legislators to adopt the SASHI framework as a template for drafting new laws regulating home inspectors and home inspection practices.

​SASHI Members are independent professional home inspectors who have met the most rigorous technical and experience requirements in effect today. To become a SASHI Member, an inspector must pass written tests, including the SASHI endorsed Home Inspectors Examination, and have performed a minimum of 10 professional fee-paid inspections conducted in accordance with the SASHI Standards of Practice. Members are also required to follow the Society’s Code of Ethics, and to keep current with the latest in building technology, materials and professional skills.

SASHI Members ascribe to a professional Code of Ethics that prohibits them from engaging in activities that may compromise their objectivity. Even the appearance of conflicts of interest is strictly prohibited. A Member will not accept anything of value from those who are involved in the sale of a property other than the fee for services, and SASHI Members may not use an inspection to solicit repair work related to the inspected property. SASHI’s Code of Ethics is a consumer’s best assurance that the home inspector is working in the best interest of the consumer. In the majority of transactions, the home inspector is the only professional participant whose sole allegiance is to the buyer.

SASHI encourages inspectors to stay current with industry developments by means of attending technical seminars and workshops in cooperation with its Members across the country. SASHI also serves the public interest by being prepared to provide accurate and helpful consumer information where possible. If requested, SASHI will provides information to government about the Society, its Standards of Practice and Code of Ethics, the home inspection profession and practice, and answers questions relating to consumer protection. SASHI is particularly interested in responding to requests for information and assistance from local authorities (or the government) considering home inspection regulation as part of the second hand home buying process. SASHI resources such as model legislation, statistics and its official position statements are shared freely.

SASHI strives to become the national voice of the second hand home inspection profession. It is SASHI’s policy to act affirmatively to influence any legislation or regulation intended to affect the profession, consumer interests, publicly financed homeownership programs or other programs allied to the profession.

SASHI Membership

About SASHI

SASHI stands for the "South African Society of Home Inspectors".

SASHI maintains that where regulation is determined to be advisable for the protection of public health, safety or welfare, any laws regulating home inspection should include standards of practice and a code of ethics, and should require proven experience, continuing education and demonstrated knowledge through passage of a psychometrically valid examination.

Since SASHI is of the opinion that a need for regulation is present in South Africa, we are dedicated to working with legislators to enact regulation that will clearly protect the interests of consumers and qualified home inspectors. In America, the American Society of Home Inspectors (ASHI) has successfully worked with state legislators and regulators to draft, pass and implement legislation and it continues to make its resources available to those states considering the regulation of home inspection as one means of protecting the home buying public.

We believe that the SASHI Model Legislation provides the best starting point for national legislative uniformity and consumer protection. The Model reflects standards that have worked well in the market place in the USA. SASHI encourages municipal and government legislators to adopt the SASHI framework as a template for drafting new laws regulating home inspectors and home inspection practices.

A BRIEF HISTORY OF SASHI AND ITS MEMBERSHIP REQUIREMENTS

The American Society of Home Inspectors, Inc. (ASHI) is the oldest and largest nonprofit professional associate of, and for, home inspectors. Since its formation in 1976, ASHI’s Standards of Practice have served as the home inspector’s performance guideline, universally recognised and accepted by professional and government authorities alike. ASHI has provided the groundwork for SASHI in South Africa and has approved the adoption of its revised Standards of Practice and Code of Ethics by SASHI.

SASHI Members are independent professional home inspectors who have met the most rigorous technical and experience requirements in effect today. To become a SASHI Member, an inspector must pass written tests, including the SASHI endorsed THITA (The Home Inspection Training Academy) Home Inspectors Examination, and have performed a minimum of 10 professional fee paid inspections conducted in accordance with the SASHI Standards of Practice.

Members are also required to follow the Society’s Code of Ethics, and to keep current with the latest in building technology, materials and professional skills.

SASHI Members ascribe to a professional Code of Ethics that prohibits them from engaging in activities that may compromise their objectivity. Even the appearance of conflicts of interest is strictly prohibited. A Member will not accept anything of value from those who are involved in the sale of a property other than the fee for services, and SASHI Members may not use an inspection to solicit repair work related to the inspected property. SASHI’s Code of Ethics is a consumer’s best assurance that the home inspector is working in the best interest of the consumer.

In the majority of transactions, the home inspector is the only professional participant whose sole allegiance is to the buyer.

SASHI encourages inspectors to stay current with industry developments by means of attending technical seminars and workshops in cooperation with its Members across the country. SASHI also serves the public interest by being prepared to provide accurate and helpful consumer information where possible. If requested, SASHI will provides information to government about the Society, its Standards of Practice and Code of Ethics, the home inspection profession and practice, and answer questions relating to consumer protection. SASHI is particularly interested in responding to requests for information and assistance from local authorities (or the government) considering home inspection regulation as part of the second hand home buying process. SASHI resources such as model legislation, statistics and its official position statements are freely shared.

POLICY - SASHI POSITION ON REGULATION OF HOME INSPECTORS

SASHI strives to become the national voice of the second hand home inspection profession. It is SASHI’s policy to act affirmatively to influence any legislation or regulation intended to affect the profession, consumer interests, publicly financed homeownership programs or other programs allied to the profession.

SASHI demands that any legislation that seeks to institute regulation of the home inspection profession require, at a minimum, passage of a psychometrically valid and defensible technical examination and adherence to professional standards of practice and code of ethics.

SASHI Code of ethics

CODE OF ETHICS
 
Introduction

At present, the home inspection industry in South Africa is not regulated, and there is no set code of ethics.
 
SASHI has formulated a set of recommended ethics which are based on those of the American Society of Home Inspectors (ASHI). ASHI spent many years developing a standard for the industry. SASHI strives to increase public awareness of the existence of the home inspection profession and to entrench ethical business practices in the industry in South Africa.
 
The code of ethics is designed to provide a yardstick according to which the quality of service in the industry can be regulated. It enables consumers to measure whether their home inspection is up to scratch or not and whether the inspector involved has acted ethically.
 
Suggested Code of Ethics
 
The code of ethics of SASHI (The South African Society of Home Inspectors) is expressed in the following seven guidelines:
 
1.The Member will express an opinion only when it is based on practical experience and honest conviction.
2.The Member will always act in good faith toward each client.
3. The Member will not disclose any information concerning the results of the inspection without the approval of the clients or their representatives.
4.The Member will not accept compensation, financial or otherwise, from more than one interested party for the same service without the consent of all interested parties.
5.The Member will neither accept nor offer commissions or allowances, directly or indirectly, from other parties dealing with their client in connection with work for which the member is responsible.
6.The Member will promptly disclose to his or her client any interest in a business that may affect the client. The member will not allow an interest in any business to affect the quality or the results of the inspection work that they may be called on to perform. The inspection work may not be used as a vehicle by the inspector to deliberately obtain work in another field.
7.An inspector shall make every effort to uphold, maintain and improve the professional integrity, reputation and practice of the home inspection profession. He or she will report all such relevant information, including violations of this code by other members, to the Society for possible remedial action.

SASHI Standards of practice

STANDARDS OF PRACTICE

 

Introduction

 

The SASHI (South African Society of Home Inspectors), as a not-for-profit professional association, has adopted and adapted the standards of practice and standard operating procedures of the American Society of Home Inspectors (ASHI), which for many years has been setting the trend in the USA. Membership of SASHI is voluntary, and is open to private, fee-paid home inspectors (among others). SASHI's main objective is to promote professional excellence and uniformity of the home inspection service in South Africa. 

 

The SASHI standards of practice are intended to assist the home inspector in his or her chosen profession. However, they also benefit the consumer. Since any industry requires its own set of formalised professional guidelines and qualifications, the consumer is entitled to demand this from the home inspection industry. 

 

The standards of practice endorsed and promoted by SASHI help to ensure that the consumer who requests a home inspection gets a quality service. The standards of practice set out clearly what is expected from the home inspector in terms of what (s)he will be reporting on and what not. This allows the client to make an informed decision as to whether to call in a home inspector, and perhaps consequently whether to purchase the home under consideration. All parties can enjoy greater peace of mind knowing the exact state of the property.

 

The specifics: SASHI standards of practice

 

1.Purpose and scope

2.Structural system

3.Exterior

4.Roof system

5.Plumbing system

6.Electrical system

7.Heating system

8.Air conditioning systems

9.Interior

10.Insulation and ventilation

11.Fireplaces and solid fuel burning appliances

12.General limitations and exclusions

 

1. PURPOSE AND SCOPE

 

The purpose of SASHI's standards of practice is to establish a minimum and uniform standard for private, fee-paid home inspectors who are members of the South African Society of Home Inspectors. Home inspections performed to these standards of practice are intended to provide the client with information regarding the condition of the systems and components of the home as inspected at the time of the home inspection.

 

The inspector shall:

 

Inspect:

· readily accessible systems and components of homes listed in these standards of practice; and

· installed systems and components of homes listed in these standards of practice; and

 

Report:

· on those systems and components inspected which, in the professional opinion of the inspector and as visually evident, are significantly deficient or are near the end of their service lives;

· a reason (if not self-evident), why the system or component is considered to be significantly deficient or near the end of its service life;

· the inspector's recommendations to correct or monitor the reported deficiency; and

· on any systems and components designated for inspection in these standards of practice which were present at the time of the home inspection but were not inspected, and a reason they were not inspected.

 

The SASHI standards of practice are not intended to limit inspectors from:

· including other inspection services, systems or components in addition to those required by these standards of practice;

· specifying repairs, provided the inspector is appropriately qualified and willing to do so; or 

· excluding systems and components from the inspection if requested by the client.

 

2. STRUCTURAL SYSTEM

 

The inspector shall:

Inspect:

· the structural components, including foundation and framing, by probing a representative number of structural components where deterioration is suspected or where clear indications of possible deterioration exist (except that probing is NOT required when it would damage any finished surface or where no deterioration is visible);

 

The inspector is NOT required to:

· provide any engineering service or architectural service; or

· offer an opinion as to the adequacy of any structural system or component, unless it affects the structural integrity of the superstructure of the dwelling.

 

3. EXTERIOR

 

The inspector shall:

Inspect:

· the exterior wall covering, flashing and trim;

· all exterior doors;

· attached decks, balconies, stoops, steps, porches and their associated railings;

· the eaves, soffits, and fascias where accessible from the ground level;

· the vegetation, grading, surface drainage, and retaining walls on the property when any of these are likely to adversely affect the building; and

· walkways, patios and driveways leading to dwelling entrances; and

 

Describe:

· the exterior wall covering.

 

The inspector is NOT required to:

Inspect:

· screening, shutters, awnings, and similar seasonal accessories;

· fences;

· geological, geotechnical or hydrological conditions;

· recreational facilities;

· sea walls, break-walls and docks; or

· erosion control and earth stabilisation measures.

 

4. ROOF SYSTEM

 

The inspector shall: 

Inspect:

· the roof covering;

· the roof drainage systems (guttering);

· the flashings; and

· the skylights, chimneys and roof penetrations;

 

Describe:

· the roof covering; 

 

The inspector is NOT required to:

Inspect:

· antennae;

· interiors of flues or chimneys which are not readily accessible; or

· other installed accessories.

 

5. PLUMBING SYSTEM

 

The inspector shall:

Inspect:

· the interior water supply and distribution systems, including all fixtures and taps;

· the drain, waste and vent systems, including all fixtures;

· the geysers (indicating whether they work or not);

· the vent systems, flues and chimneys; and

 

Describe:

the location of main water and main fuel shut-off valves.

 

The inspector is NOT required to:

Inspect:

· the clothes washing machine and dishwasher connections;

· borehole connections (if applicable);

· the interiors of flues or chimneys that are not readily accessible;

· wells, well pumps or water storage related equipment (including boreholes);

· water conditioning systems;

· solar water heating systems;

· fire and lawn sprinkler systems; or 

· private waste disposal systems; and

 

Determine:

· whether water supply and waste disposal systems are public or private;

· the quantity or quality of the water supply; or 

 

Operate:

· safety valves or shut-off valves.

 

6. ELECTRICAL SYSTEM

 

The inspector shall:

 

Inspect:

· the exterior components of service panels;

· a representative number of installed lighting fixtures, switches and plugs; and

 

Describe:

· the location of the distribution board and main disconnect(s); and

 

The inspector is NOT required to: 

Inspect:

· any remote control devices;

· any alarm systems and components;

· the high or low voltage wiring, transformers, systems and components; or

· the ancillary wiring systems and components that are not a part of the primary electrical power distribution system; or

 

Measure:

· amperage, voltage or impedance.

 

7. HEATING SYSTEM

 

The inspector shall:

Inspect:

· the installed heating equipment (geysers); and 

· the vent systems, flues and chimneys, 

in order to ascertain whether they are in working order or not.

 

The inspector is NOT required to:

Inspect:

· the interiors of flues or chimneys that are not readily accessible;

· the solar heating system; or 

 

Determine:

· heat supply adequacy or distribution balance.

 

8. AIR CONDITIONING SYSTEMS

 

The inspector shall:

Inspect:

· the installed cooling equipment (air-conditioners, whether central or otherwise); and

 

Report:

· whether the energy source is not in working order.

 

The inspector is NOT required to:

Inspect:

· electronic air filters; or 

 

Determine:

· cooling supply adequacy or distribution balance.

 

9. INTERIOR

 

The inspector shall:

Inspect:

· the walls, ceilings and floors;

· the steps, stairways and railings; and

· a representative number of doors and windows.

 

The inspector is NOT required:

Inspect:

· the paint, wallpaper and other finish treatments;

· the carpeting;

· the window treatments;

· the central vacuum systems (if any);

· the household appliances;

· garage door and garage door openers;

· counter tops or cupboards; or

· recreational facilities.

 

10. INSULATION AND VENTILATION

 

The inspector shall:

Inspect:

· the insulation;

· the ventilation of roof space and foundation areas; and

· the mechanical ventilation systems (if any); and

 

Describe:

· the insulation; and

· the absence of insulation.

 

The inspector is NOT required to:

· disturb insulation; or  

· determine indoor air quality.


 

1. FIREPLACES AND SOLID FUEL BURNING APPLIANCES

 

The inspector shall:

Inspect:

· the system components; and

· the vent systems, flues and chimneys; and

 

Report:

· Should the fireplaces and chimneys, in the inspector's opinion, be inadequate in the circumstances it must be reported.

 

The inspector is NOT required to:

Inspect:

· the interiors of flues or chimneys;

· fire screens and doors;

· seals and gaskets;

· any automatic fuel feed devices;

· mantels and fireplace surrounds;

· any combustion make-up air devices; or 

· any heat distribution assist whether gravity-controlled or fan‑assisted;

 

Not required to:

· ignite or extinguish fires;

· determine draft characteristics; or 

· move fireplace inserts or stoves.

 

12. GENERAL LIMITATIONS AND EXCLUSIONS

 

General limitations

 

Inspections performed in accordance with the SASHI standards of practice are not technically exhaustive and will not identify concealed conditions or latent defects.

 

The SASHI standards of practice are applicable to buildings with four or fewer dwelling units and their garages, carports or outbuildings.

 

General exclusions

 

The inspector is not required to perform any action or make any determination unless specifically stated in the SASHI standards of practice, except as may be required by legislation.

 

Inspectors are NOT required to:

Determine:

· the condition of systems or components that are not readily accessible;

· the remaining life of any system or component;

· the causes of any condition or deficiency;

· the methods, materials or costs of corrections;

· future conditions including, but not limited to, failure of systems and components;

· the suitability of the property for any specialised use;

· whether any deficiency or condition may affect the value of the property;

· compliance with regulatory requirements (regulations, laws, ordinances, and so forth);

· the market value of the property or its marketability;

· the advisability of the purchase of the property;

· the presence of potentially hazardous plants or animals including, but not limited to, diseases harmful to humans;

· the presence of any environmental hazards including, but not limited to, toxins, carcinogens, noise and contaminants in soil, water and air;

· the effectiveness of any system installed or methods used to control or remove suspected hazardous substances;

· the operating costs of systems or components; or

· the acoustical properties of any system or component.

 

Offer:

· or perform any act or service contrary to law:

· or perform engineering services:

· or perform work in any trade or any professional service (such as electrical services, plumbing or pest control services), other than home inspection; or

· warranties or guarantees of any kind.

 

Operate:

· any system or component that is shut down or otherwise inoperable;

· any system or component that does not respond to normal operating controls;

· shut-off valves; or

· any pool pump, Jacuzzi pump, borehole pump or any other motor, unless specifically requested to do so by the client.

 

Enter:

· any area that is, in the opinion of the inspector, likely be dangerous to the inspector or other persons or damage the property or its systems or components; or

· under-floor crawl spaces or roof spaces that are not readily accessible.

 

Inspect:

· underground items including, but not limited to, underground storage tanks or other underground indications of their presence, whether abandoned or active;

· systems or components that are not installed;

· decorative items;

· systems or components located in areas that are not entered in accordance with these standards of practice;

· detached structures other than garages, carports or outbuildings; or

· common elements or common areas in multi-unit housing, such as sectional title properties or cluster housing.

 

Not required to:

· perform any procedure or operation that is, in the opinion of the inspector, likely to be dangerous to the inspector or other persons, or damage the property or its systems or components;

· move suspended ceiling tiles, personal property, furniture, equipment, plants, soil, ice or debris; or

· dismantle any system or component, except as explicitly required by these standards of practice.

 

GLOSSARY

 

Most of the definitions below are taken (with minor adaptations) from the ASHI standards of practice. They define terms used in the home inspection business.

 

Alarm systems

Warning devices, installed or free-standing, including but not limited to: carbon monoxide detectors, flue gas and other spillage detectors, security equipment, ejector pumps and smoke alarms.

 

Architectural services

Any practice involving the art and science of building design for construction of any structure or grouping of structures and the use of space within and surrounding the structures or the design for construction, including, but not specifically limited to, schematic design, design development, preparation of construction contract documents, and administration of the construction contract.

 

Component

A part of a system.

 

Decorative

Ornamental: not required for the operation of the essential systems and components of a home.

 

Describe

To report a system or component by its type or other observed significant characteristics to distinguish it from other systems or components.

 

Dismantle

To take apart or remove any component, device or piece of equipment that would not be taken apart or removed by a homeowner in the course of normal and routine homeowner maintenance.

 

Engineering service

Any professional service or creative work requiring engineering education, training and experience and the application of special knowledge of the mathematical, physical and engineering sciences to such professional service or creative work as consultation, investigation, evaluation, planning, design and supervision of construction for the purpose of assuring compliance with specifications and design, in conjunction with structures, buildings, machines, equipment, works or processes.

 

Further evaluation

Examination and analysis by a qualified professional, artisan or service technician beyond that provided by the home inspection.

 

Home inspection

The process by which an inspector visually examines the readily accessible systems and components of a home and which describes those systems and components in accordance with these standards of practice.

 

Household appliances

Kitchen, laundry and similar appliances, whether installed or freestanding.

 

Inspect

To examine readily accessible systems and components of a building in accordance with these standards of practice, using normal operating controls and opening readily openable access panels.

 

Inspector

A person hired to examine any system or component of a building in accordance with these standards of practice.

 

Installed

Attached such that removal requires tools.

 

Latent defect

A condition that cannot be observed on visual inspection of a home and is due to faulty workmanship. It becomes apparent at a later stage and can result in significant damage to the home. Examples are rising damp, a structural crack or a rotten roof truss, which might result in damage to the superstructure of the home.

 

Normal operating controls

Devices such as thermostats, switches or valves intended to be operated by the homeowner.

 

Patent defect

A defect (whether structurally significant or not) that is visible to the naked eye at first glance.

 

Readily accessible

Available for visual inspection without requiring moving of personal property, dismantling, destructive measures, or any action which is likely to involve risk to persons or property.

 

Readily openable access panel

A panel provided for homeowner inspection and maintenance that is within normal reach, can be removed by one person, and is not sealed in place.

 

Recreational facilities

Spas, saunas, steam baths, exercise, entertainment, athletic, playground or other similar equipment and associated accessories.

 

Report

To communicate in writing.

 

Representative number

One component per room for multiple similar interior components such as windows and electric outlets; one component on each side of the building for multiple similar exterior components.

 

Roof drainage systems (guttering)

Components used to carry water off a roof and away from a building.

 

Significantly deficient

Unsafe or not functioning.

 

Shut down

A state in which a system or component cannot be operated by normal operating controls.

 

Solid fuel burning appliances

A hearth and fire chamber or similar prepared place in which a fire may be built and which is built in conjunction with a chimney; or a listed assembly of a fire chamber, its chimney and related factory-made parts designed for unit assembly without requiring field construction.

 

Structural component

A component that supports non-variable forces or weights (dead loads) and variable forces or weights (live loads).

 

Structural defect

A visually observed patent defect that affects or may affect the integrity of the superstructure of the dwelling.

 

System

A combination of interacting or interdependent components, assembled to carry out one or more functions.

 

Technically exhaustive

Involving dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations or other means.

 

Under-floor crawl space

The area within the confines of the foundation and between the ground and the underside of the floor.

 

Unsafe

A condition in a readily accessible, installed system or component that is judged to be a significant risk of personal injury during normal, day-to-day use. The risk may be due to damage, deterioration, improper installation or a change in accepted residential construction standards.

 

Wiring methods

Identification of electrical conductors or wires by their general type, such as 'non‑metallic sheathed cable', or 'armoured cable'.

SASHI Position statement

POSITION STATEMENT
 
SASHI (South African Society of Home Inspectors)
 
SASHI maintains that where regulation is determined to be advisable for the protection of public health, safety or welfare, any laws regulating home inspection should include standards of practice and a code of ethics, and should require proven experience, continuing education and demonstrated knowledge through passage of a psychometrically valid examination. 
 
Since SASHI is of the opinion that a need for regulation is present in South Africa, we are dedicated to working with legislators to enact regulation that will clearly protect the interests of consumers and qualified home inspectors.  In America, the American Society of Home Inspectors (ASHI) has successfully worked with state legislators and regulators to draft, pass and implement legislation and it continues to make its resources available to those states considering the regulation of home inspection as one means of protecting the home buying public.
 
We believe that the SASHI Model Legislation provides the best starting point for national legislative uniformity and consumer protection.  The Model reflects standards that have worked well in the market place in the USA. SASHI encourages municipal and government legislators to adopt the SASHI framework as a template for drafting new laws regulating home inspectors and home inspection practices.
 
A BRIEF HISTORY OF SASHI AND ITS MEMBERSHIP REQUIREMENTS
 
The American Society of Home Inspectors, Inc. (ASHI) is the oldest and largest non-profit professional associate of, and for, home inspectors. Since its formation in 1976, ASHI’s Standards of Practice have served as the home inspector’s performance guideline, universally recognised and accepted by professional and government authorities alike. ASHI has provided the groundwork for SASHI in South Africa and has approved the adoption of its revised Standards of Practice and Code of Ethics by SASHI.
 
SASHI Members are independent professional home inspectors who have met the most rigorous technical and experience requirements in effect today. To become a SASHI Member, an inspector must pass written tests, including the Home Inspectors Examination, and have performed a minimum of 10 professional fee-paid inspections conducted in accordance with the SASHI Standards of Practice. Members are also required to follow the Society’s Code of Ethics, and to keep current with the latest in building technology, materials and professional skills.
 
SASHI Members ascribe to a professional Code of Ethics that prohibits them from engaging in activities that may compromise their objectivity. Even the appearance of conflicts of interest is strictly prohibited. A Member will not accept anything of value from those who are involved in the sale of a property other than the fee for services, and SASHI Members may not use an inspection to solicit repair work related to the inspected property. SASHI’s Code of Ethics is a consumer’s best assurance that the home inspector is working in the best interest of the consumer.

In the majority of transactions, the home inspector is the only professional participant whose sole allegiance is to the buyer.
 
SASHI encourages inspectors to stay current with industry developments by means of attending technical seminars and workshops in cooperation with its members across the country. SASHI also serves the public interest by being prepared to provide accurate and helpful consumer information where possible. If requested, SASHI will provides information to government about the Society, its Standards of Practice and Code of Ethics, the home inspection profession and practice, and answers questions relating to consumer protection. SASHI is particularly interested in responding to requests for information and assistance from local authorities (or the government) considering home inspection regulation as part of the second hand home buying process. SASHI resources such as model legislation, statistics and its official position statements are freely shared.
 
POLICY - SASHI POSITION ON REGULATION OF HOME INSPECTORS
 
SASHI strives to become the national voice of the second hand home inspection profession. It is SASHI’s policy to act affirmatively to influence any legislation or regulation intended to affect the profession, consumer interests, publicly financed homeownership programs or other programs allied to the profession.
 
SASHI demands that any legislation that seeks to institute regulation of the home inspection profession require, at a minimum, passage of a psychometrically valid and defensible technical examination and adherence to professional standards of practice and code of ethics.
 
SASHI POLICY STATEMENTS OUTLINING THE CRITICAL ELEMENTS IN HOME INSPECTION REGULATION
 
STANDARDS OF PRACTICE
 
SASHI contends that proposed legislation must include clearly defined standards of practice that inform the public of the systems and components that are to be inspected. The standards should also point out the limitations of the inspection by identifying any systems and components that are not to be inspected. Standards of practice are essential to any regulation that purports to protect the consumer.
 
The ASHI Standards of Practice as amended and adopted by SASHI have evolved over a period of 27 years and are the most widely accepted professional standards. The standards are periodically reviewed to ensure that they are reflective of changes in the building industry and home buying process. Following these standards is a mandatory requirement for SASHI Members. Any jurisdiction may adopt in full the SASHI Standards of Practice, and is encouraged to do so. Many states in the USA, for instance, have incorporated the ASHI Standards of Practice into their home inspection regulations. States that adopt the ASHI Standards are asked to provide acknowledgment credit to ASHI.  
 
Homebuyers and inspectors must have an understanding of the scope of inspection services and the limitations of specific inspections.  Misunderstandings are avoided when the parties understand and follow through with their contractual responsibilities. SASHI recommends that a negotiated pre-inspection agreement be signed prior to every inspection.
 
CODE OF ETHICS
 
The public must be assured that the inspector is independent and has no hidden alliances or conflicts of interest. Professional ethics are critical for the home inspection profession. Adherence to a code of ethics will protect both the public and the inspector from outside influences. Most government regulations include ethical standards.
 
SASHI’s Code of Ethics is intended to ensure that consumers are treated in a fair, impartial and professional manner. Members are required to abide by this Code of Ethics. Any jurisdiction may adopt in full the SASHI Code of Ethics and is encouraged to do so. In the USA, for instance, states that adopt the Code are asked to provide acknowledgement credit to ASHI.  
 
REPORTING STANDARDS
 
A written report must be a requirement of any home inspection. The report should address all of the items that are required by the Standards of Practice. The report format may be narrative, checklist or a combination of the two. SASHI stance is that government mandated report forms, however, would adversely affect the consumer and the home inspector. A mandated report form restricts the amount and type of information that can be delivered to a consumer and, therefore, can be a disservice to those deciding whether or not to purchase a property. Mandated forms also harm home inspectors who can differentiate themselves form competitors by the characteristics of their report. Finally, nationwide home inspection companies use forms that are appropriate for regions, exacerbating the limitations of mandated forms.
 
EXPERIENCE
 
The consumer must be assured that an inspector is experienced in inspecting homes. Training in observing and identifying defects in a building’s systems and components under the guidance and supervision of experienced inspectors is a proven method of learning to perform inspections. Training inspections should include supervised training in inspection standards, procedures and report writing. The number of required supervised training inspections should be sufficient to expose the applicant to a variety of properties and a variety of conditions. A minimum range of between 10 and 50 inspections is recommended.
 
(One of the requirements for full membership in SASHI is performance of a minimum of 10 fee-paid inspections in accordance with the SASHI Standards of Practice).
 
EDUCATION
 
The general or basic formal education requirement for any individual desiring to enter the home inspection profession should be at least a Grade 10 or its equivalent.
 
To ensure that home inspectors are knowledgeable, additional education must be an essential part of any regulation. The education should include at least distance education and field training. Classroom education is also recommended. Individuals performing home inspections must demonstrate knowledge of each component and system of the home. Education must include training in observing and identifying defects in structural components, foundations, roof coverings, insulation and ventilation, exterior and interior components, and plumbing, heating, cooling, and electrical systems. Education should also include instruction in any region-specific requirements and business management.
 
The content of the knowledge of a professional home inspection training curriculum (as currently provided by the SASHI endorsed Training Centre of THITA (The Home Inspection Training Academy) and endorsed affiliates) is available to all regulatory bodies for scrutiny.
 
CONTINUING EDUCATION
 
The home building industry is constantly evolving as new materials and techniques are introduced. Home inspectors must be aware of these changes. Mandatory continuing education assures consumers that inspectors are staying current. SASHI requires proof of continuing education by members to maintain membership and recommends continuing education be a part of any regulation of the profession.
 
TESTING
 
Central to regulatory and credentialing processes is a valid and reliable minimum competency examination designed to protect the public – as currently provided by SASHI. This examination will identify which individuals possess the required knowledge to perform a home inspection. The public should be able to trust the examination as a means by which consumers are assured of competency.  Individuals wishing to enter the home inspection profession must demonstrate that they understand the basics of performing a home inspection. Rigorous requirements must be met in the development, administration and governance of the examination to ensure that a valid, accurate and fair process determines each candidate’s pass/fail standing.
 
SASHI endorses a national Home Inspector Examination as an assessment tool to test competence in home inspection practice, as determined by recognized role definition methodology.  
 
FINANCIAL ASSURANCE AND LIABILITY
 
The consumer has a right to expect the home inspector to be financially solvent and the inspector should be required to provide financial assurance comparable to that which is required of similar license holders, such as brokers, valuers, engineers, etc. A home inspector should be able to limit his/her liability by mutual agreement with the client.
 
SASHI MODEL HOME INSPECTOR LICENSING LEGISLATION
 
This model details the essential elements for licensing and provides for the creation of an appointed governing body, or board/council, to administer the law. SASHI encourages state legislators to adopt this model as a template for drafting new laws regulating home inspectors and second hand home inspection practices. The governing body should have no inherent interest in the regulation of home inspectors. For instance, the governing body should not be associated with a board governing related professions such as builders, contractors, or those who sell real estates.
 
PROFESIONAL LICENSING ACT MODEL BILL INTENT
 
It is the intent of such an act to require the licensing of home inspectors and to assure that consumers of home inspection services can rely on the competence of home inspectors, as determined by educational and experience requirements and testing. In order to protect consumers, the act should define home inspection, outline the criteria to be licensed as a home inspector, outline what must be included in a home inspection, define unethical conduct by home inspectors, and create penalties for prohibited acts.
 
DEFINITIONS OF HOME INSPECTION INDUSTRY TERMS
 
Home Inspection:
 
A visual analysis for the purposes of providing a professional opinion of the condition of a building and its carports, garages, outbuildings and pool, any reasonably accessible installed components and systems, including mention of:  heating system, electrical system, cooling system, plumbing system, structural components, foundation, roof covering, exterior and interior components and site aspects as they affect the building.
 
Home Inspector
 
Any person who is certified by SASHI regarding second hand inspection of homes to act as a home inspector and who engages in the business of performing home inspections and writing home inspection reports.
 
Home Inspection Report
 
A written report prepared for compensation and issued after a home inspection.  The Inspector shall report:
· On those systems and components inspected which, in the professional opinion of the inspector, are significantly deficient or are near the end of their service lives.
· A reason why, if not self-evident, the system or component is significantly deficient or near the end of its service life.
· The inspector’s objective recommendations to correct or monitor the reported deficiency.
· Any systems and components designated for inspection in the Standards of Practice which were present at the time of the inspection but were not inspected, and a reason they were not inspected.
 

Board/Council
 
A governing body regulating home inspectors.
 
Client
 
Any person who engages, or seeks to engage, the services of a home inspector for the purpose of obtaining inspection of, and a written report upon, the condition of a residential building.
 
Compensation
 
Direct or indirect payment, including the expectation of payment whether or not actually received.
 
Component
 
A readily accessible and observable aspect of a system, such as a floor or wall, but not individual pieces such as boards or nails where many similar pieces make up a system.
 
Readily Accessible
 
Available for visual inspection without requiring moving of personal property, dismantling, destructive measures, or any action that likely will involve risk to persons or property.
 
Residential Building
 
A structure consisting of from one to four family dwelling units.
 
Significantly Deficient
 
A system or component that is unsafe or not functioning.
 
System
 
A combination of interactive or interdependent components assembled to carry out one or more functions.
 
Technically Exhaustive
 
An investigation that involves dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means.
 
Board/Council/Governing Body
 
The creation of a possible Home Inspector Licensing Board/Council for second hand property shall be based upon the following:
 
The members that are initially appointed to the board should ideally be SASHI participants and have been actively engaged in the business of home inspections for at least three years immediately preceding their appointment.
 
Powers and Duties of the Board/Council
 
The Board/Council shall have the following powers and duties:
1. Administer and enforce the provisions of the proposed Act.
2. Issue and renew licenses to home inspectors pursuant to the provisions of the proposed Act.
3. Suspend, revoke or fail to renew the license of a home inspector.
4. Establish standards for the initial and continuing education of home inspectors.
5. Adopt and publish a code of ethics and standards of practice for licensed home inspectors.
6. Prescribe or change the fees charged for examinations, licenses, renewals and other services.
7. Establish rules for acquiring the training and experience requirements of home inspectors.
 
License Criteria
 
No person shall provide, nor present, call or represent himself as able to provide a home inspection for compensation unless licensed in accordance with the provisions of the proposed Act.
 
No business entity may provide home inspection services unless each of the home inspectors employed by the business entity is licensed in accordance with the provisions of the proposed Act.
 
No business entity may use, in connection with the name or signature of the business entity, the title “home inspectors” to describe the business entity’s services, unless each of the home inspectors employed by the business entity is licensed in accordance with the provisions of the proposed Act.
 
To be eligible for a license as a home inspector, an applicant shall fulfil the following requirements:
 
1.Be of good moral character.
2. Have successfully completed high school Grade 10 or its equivalent.
3. Have basic computer skills.
4. Have completed a course of study that covers all of the following components of a residential building of four units or less; heating system, cooling system, plumbing system, electrical system, structural components, foundation, roof covering, exterior and interior components, and site aspects as they affect the building.
5. Have acquired the required training and experience requirements as established by the Board/Council, being 1 year in the case of a Grade 12 and 3 years in the case of a Grade 10.
6. Have passed the National Home Inspector Examination offered by the Examination Board of Professional Home Inspectors (currently administered by the SASHI Training Centre and endorsed Home Inspector Training Providers). The examination may have been passed before the effective date of the proposed Act.
 
Grandfather Clause
 
For the first year after enactment, to be eligible for a license as a home inspector, an applicant shall fulfil the following requirements:
 
1. Be of good moral character.
2. Have successfully completed high school Grade 10 or its equivalent.
3. Have been engaged in the practice of home inspection for compensation for not fewer than one year prior to the effective date of the proposed Act.
4. Have basic computer skills.
5. Have performed not fewer than 150 home inspections for compensation.
6. Have passed the National Home Inspector Examination offered by the Examination Board of Professional Home Inspectors.
 
Continuing Education Requirements
 
A licensed home inspector must complete board approved continuing education courses during each calendar year in order to maintain his or her license.
 
General standards of Practice
 
Inspectors shall inspect readily accessible installed systems and components of residential buildings and provide a written report within a reasonable time period.
 
These Standards do not limit inspectors from:
1. Including other inspection services, systems or components in addition to those required.
2. Specifying repairs provided the inspector is appropriately qualified and willing to do so.
3. Excluding systems and components from the inspection if requested by the client.
 
General Limitations
 
Inspections performed in accordance with these Standards of Practice:
1.  Are not technically exhaustive.
2.  Will not identify concealed conditions or latent defects.
 
General Exclusions
 
The inspector is not required to perform any action or make any determination unless specifically stated in the Standards of Practice, except as may be required by lawful authority.
 
Inspectors are NOT required to determine:

1. The condition of systems or components which are not readily accessible.
2. The remaining life of any system or component.
3. The strength, adequacy, effectiveness or efficiency of any system or component.
4. The causes of any condition or deficiency.
5. The methods, materials or costs of corrections.
6. Future conditions including, but not limited to, failure of systems and components.
7. The suitability of the property for any specialized use.
8. Compliance with regulatory requirements (codes, regulations, laws, ordinances, etc.)
9. The market value of the property or its marketability.
10. The advisability of the purchase of the property.
11. The presence of potentially hazardous plants or animals including, but not limited to diseases harmful to humans.
12. The presence of any environmental hazards including, but not limited to, toxins, carcinogens, noise, and contaminants in soil, water and air.
13. The effectiveness of any system installed or methods utilized to control or remove suspected hazardous substances.
14. The operating costs or ability of systems or components.
15. The acoustical properties of any system or component.
 
Inspectors are NOT required to offer:
1. Or perform any act or service contrary to law.
2. Or perform engineering or architectural services.
3. Or perform work in any trade or any professional service other than home inspection.
4. Warranties or guarantees of any kind.
 
Inspectors are NOT required to operate:
1. Any system or component that is shut down or otherwise inoperable.
2. Any mechanical or electrical system or component unless specifically requested by the client.
3. Any system or component that does not respond to normal operating controls (if requested by the client).
4. Shut-off valves.
 
Inspectors are NOT required to enter:
1. Any area that will, in the opinion of the inspector, likely be dangerous to the inspector or other persons or damage the property or its systems or components.
2. The under-floor crawl spaces or attics that are not readily accessible.
 
Inspectors are NOT required to inspect:
1. Underground items including, but not limited to, underground storage tanks or other underground indications of their presence, whether abandoned or active.
2. Systems or components that are not installed.
3. Decorative items.
4. Systems or components located in areas that are not entered in accordance with these Standards of Practice.
5. Detached structures other than garages, carports, outbuildings and pools.
6. Common elements or common areas in multi-unit housing, such as sectional title properties or cluster housing.
 
Inspectors are NOT required to:
1. Perform any procedure or operation that will, in the opinion of the inspector, likely be dangerous to the inspector or other persons or damage the property or its systems or components.
2. Move suspended ceiling tiles, personal property, furniture, equipment, plants, soil, snow, ice or debris.
3. Dismantle any system or component, except as explicitly required by the standards of Practice or specifically requested by the client.
 
Fees
 
The Board/Council shall by rule or regulation establish, prescribe or change the fees for licenses, renewals of licenses, or other services provided by the Board/Council pursuant to the provisions of the proposed Act.
 
The licensing fee shall be charged to all applicants and renewals in an amount not to exceed that which is sufficient to defray administrative costs to the state.  Any licensing fee shall be comparable to that charged by other professions.
 
Persons not required to be licensed
 
The proposed law should apply to anyone performing a home inspection as outlined or defined by the proposed Act.
 
Nothing in the proposed Act prevents:
1. A person who is employed by a governmental entity from inspecting residential buildings if the inspection is within official duties and responsibilities (such as the NHBRC).
2. A person from performing a home inspection if the inspection will be used solely by a bank, savings and loan association to monitor progress on the construction of a residential structure.
3. A person who is employed as a property manager for a residential structure and whose official duties and responsibilities include inspecting the residential structure or performing an inspection on the structure if the person does not receive separate compensation for the inspection work.
4. A person who is regulated in another profession to act within the scope of that person’s license, registration, or certification.
 
Prohibited Acts
 
The Board/Council should have the ability to make investigations or conduct hearings to determine whether a violation of the proposed Act has occurred.
 
The Board/Council may refuse to grant or may suspend or revoke a home inspector license upon proof to the satisfaction of the Board/Council that the holder has participated in unfair business practice.
 
It is an unfair business practice for a home inspector, a company that employs the inspector, or a company that is controlled by a company that also has a financial interest in a company employing a home inspector, to do any of the following:
 
1. To perform or offer to perform, for an additional fee, any repairs to a structure on which the inspector, or the inspector’s company, has prepared a home inspection report in the past 12 months, except that a home maintenance (warranty) company that is affiliated with or that retains a home inspection company that is affiliated with or that retains a home inspector does not violate this section if it performs repairs pursuant to a claim made under a home maintenance contract.
2. Inspector for a fee any property in which the inspector, or the inspector’s company has any financial interest or any interest in the transfer of the property.
3. To offer or deliver any compensation, inducement or reward to the owner of the inspected property, the broker or agent, for the referral of any business to the inspector or the inspection company.
4. Accept an engagement to make an inspection or to prepare a report in which the inspection itself or the fee payable for the inspection is contingent upon either the conclusions in the report or pre-established findings.
 
Proposed Registry of Complaints
 
In lieu of proceeding with an investigation, the Board/Council may place, in a registry, a copy of a complaint received by the Board/Council against a licensed home inspector, the inspector’s response to the complaint, and a copy of any records of the Board/Council concerning the complaint.
1. No later than 30 days after the date on which the Board/Council receives a complaint alleging that a home inspector has engaged in conduct that is grounds for discipline, the Board/Council shall provide the inspector with a copy of the complaint.
2. After receiving a copy of the complaint, the home inspector may place in the registry a statement describing the inspector’s view of the correctness or relevance of any of the information contained in the complaint.
3. The Board/Council shall make the complaint and the home inspector’s response to the complaint available to the public.
4. The Board/Council shall remove all complaints against and other information concerning a home inspector from the registry if, for a period of two years form the date of the most recent complaint filed in the registry, no further complaints have been filed against the inspector.
5. Unworthy or frivolous complaints shall be discarded and shall not be retained.
 
Liability of Home Inspectors – Proposals
 
It is proposed that:
1. An action to recover damages for any act or omission of a home inspector relating to a home inspection that he or she conducts can only be commenced within one (1) year after the date that a home inspection is completed.
2. Only a client and no other party shall have an action to recover damages arising from a home inspection or a home inspection report.
 
Proposed Penalties 
 
The Board/Council may, as a condition of removing a limitation on a license or of reinstating a license that has been suspended or revoked, do any of the following:
1. Require the home inspector to obtain insurance against loss, expense and liability resulting from errors and omissions or neglect in the performance of services as a home inspector.
2. Require the home inspector to file with the Board/Council acceptable security that is in the amount approved by the Board.
 
Evaluation/Grading of Proposed Laws Regulating Home Inspectors
 
NOTE:  In June of 2003, the ASHI Legislative Committee (LGC) evaluated the existing USA state laws regulating home inspectors or home inspections and used the following system for evaluating and ranking the laws. ASHI feels that their Position Statement, including the evaluation of laws, is a living document because statutes and rules are constantly changing and evolving and new bills are introduced every legislative session. Therefore, this Position Statement, as promulgated by SASHI, may be edited each year to reflect changes and it is possible that a piece of legislation’s grade and ranking could change.
 
System for Evaluating Laws/Regulations Regulating Home Inspectors Procedure:
1. Review a law, rule or any other regulation of Home Inspectors for each of the provisions listed on the following page.
2. Rate if the law is Excellent (3), Good (2), Acceptable (1) or Bad (0) for each provision.
3. Multiply rating by the weight for each component.
4. Add up the numbers resulting from the multiplication. This total score reflects the over-all quality of the regulation/law. This number can be compared to the total score derived after reviews of other local authority’s laws.
5. Rank each region’s law/regulation based on the total score received by each province/local authority.  The highest score indicates the best law/regulation regulating home inspectors (the highest possible total score is 123).
 
Rating Criteria/Provisions of a Law/Regulation
 
Education:
Does the regulation/law include education of no less than 40 hours?
Does the education include all of the components reflected in the developed body of knowledge?
Does the regulation/law include education on business practices?
 
5 points
 
Experience:
Does the regulation/law include a minimum of 10 to 50 training inspections?
Does any grand fathering provision include a minimum number of 100 fee-paid inspections?
 
5 points
 
Examination:
Is an examination required?
Is a psychometrically valid exam required?
Does the regulation/law require everyone to pass the exam?
 
5 points
 
Standards of Practice:
Are the Standards substantially consistent with SASHI’s?
Does the regulation/law describe what must be inspected?
Does the regulation/law describe what does NOT need to be inspected?
 
5 points
 
Prohibited Acts
Is the Code of Ethics substantially consistent with SASHI’s?
 
5 points
 
Definition of Home Inspector and Definition of Home Inspection
Does the regulation/law reflect SASHI’s definition of the profession and the professional?
 
3 points
 
Governing Board/Council:
Who is on the Board/Council?  Home inspectors and consumers, or others?
What is the Board/Council’s relationship to other Board/Council’s regulating professions?
(Is the Home Inspector Board/Council an offshoot of the Builders, Valuers or Real Estate Board/Institute/Council?)
 
3 points
 
Continuing Education Requirement:
Is continuing education required?
Is the requirement no fewer than 10 hours annually?
 
3 points
 
Liability:
Does the regulation/law have reasonable protections for the consumer and the home inspector?
 
3 points
 
Exemptions:
Do exemptions only apply to individuals practicing their profession?
 
1 point
 
Reporting Requirements:
Is a written report required?
 
1 point
 
Reciprocity:
Does the regulation/law allow those licensed in other regions/provinces to practice?
 
1 point
 
Penalties:
Are the penalties reasonable?
Do the penalties in this regulation/law match those for other related professions?
 
1 point
 
Note:  According to the ranking criteria, the highest possible score is 123 points 
 
CONCLUSION
 
SASHI is dedicated to the protection of the home buying public, home inspectors and the home inspector profession. SASHI’s position regarding the regulation of home inspectors is to support law/regulation when it includes the requirements outlined in the document.  Inclusion of these provisions provides protection to the consumer and to the home inspector. SASHI will work to introduce or change or, if necessary, oppose legislation that does not contain the minimum requirements.
 
SASHI will act to attempt to influence any legislation or regulation intended to affect the home inspection profession. In addition to this document, SASHI has professional staff that will respond to requests for information and will review any proposed legislation that has been introduced in any region or province by either the government or a local authority.
 
SASHI Members may be located throughout the country, many of whom have worked and are working closely with local authorities and the government to enhance the integrity of the home buying process. Home inspectors are the only professionals who solely represent the home buyers’ interest in this very important transaction. The SASHI Model Legislation provides the best starting point for uniformity and consumer protection. The Model reflects standards that have worked well in the marketplace and have proved themselves over the years in the USA. SASHI encourages legislators to adopt the SASHI framework as a template for drafting new laws regulating home inspectors and home inspection practices.

SASHI Model Bill

The Draft Model Bill for the Regulation of the Home Inspection Industry in South Africa

SASHI Has written a Model Bill with the assistance of ASHI and the State of Luisiana Legislature in the USA which has excellent Legislation in place and can serve as a model for the proposed Legislation that SASHI proposes for South Africa.

​The following is draft of the proposed Bill:

PROPOSED BILL


To enact a proposed Bill to be entitled the “Home Inspectors Licensing Law”; to regulate the practice of home inspection in South Africa; to create and establish a State Board of Home Inspectors (as currently constituted by the South African Society of Home Inspectors (“SASHI”); to provide for the qualification and appointment of the members of the Board; to provide for the terms of office and compensation; to provide for the powers and duties of the Board; to provide relative to qualifications and fees for licensure; to provide for continuing education and insurance requirements; to provide relative to suspension, revocation and penalties; to provide relative to current practitioners; to provide relative to receipts and disbursements of funds; to authorize the adoption of rules and regulations; and to provide for related matters.

Be it enacted by the Parliament of South Africa.

Section 1. Bill number ..................... is hereby enacted to read as follows:

HOME INSPECTOR LICENSING LAW

1. Purpose

The Legislature declares that it is in the best interest of the citizens of South Africa to require the licensure and regulation of Home Inspectors. The purpose of this Chapter is to require qualifying criteria in a professional field in which unqualified individuals may injure or mislead the public. The requirements of this Chapter shall contribute to the safety, health and welfare of the people of South Africa.

2. Short Title

This Chapter shall be known and may be cited as the "Home Inspectors Licensing Law."

3. Definitions

As used in this Chapter, the following words shall have the meanings ascribed to them in this Section, unless the context clearly indicates otherwise:
(1) "Applicant" means a person who seeks to be examined for licensure by the Board.
(2) "Board" means the State Board of Home Inspectors.
(3) "Component" means a readily accessible and observable aspect of a system, such as a floor or wall, but not individual pieces such as boards or nails where many similar pieces make up a component.
(4) "Home Inspection" means a written evaluation inclusive of photographs of two or more of the following components of a resale residential building: heating and cooling systems, plumbing system, electrical system, structural and or foundation system, components, foundation, roof, exterior and interior components, or any other related residential housing system as defined in the standards of practice, as promulgated by the Board.
(5) "Licensed Home Inspector" means any person who, in accordance with the provisions of this Chapter, holds him or herself out to the general public and engages in the business of performing Home Inspections on resale residential buildings for compensation, including any person who for the first time or presently examines any component of a building, through visual means and through normal user controls, without the use of mathematical sciences.
(6) "Licensee" means any person who has been issued a license by the Board in accordance with the provisions of this Chapter.
(7) "Residential Resale Building" means a structure intended to be, or that is in fact, used as a residence and consists of four or less living units, excluding commercial use space or units, and is not for sale for the first time.
(8) "System" means a combination of interactive or interdependent components, assembled to carry out one or more functions.

4. State Board of Home Inspectors; creation; qualifications; domicile; terms of office; confirmation; oath of office; compensation

A. The State Board of Home Inspectors is hereby created within the Department of Housing. The Board shall be a body corporate and may sue and be sued.
B. The Board shall be comprised of the current Board members of SASHI and one Board member from each Province, appointed by the incepted state Board of directors for the first year after promulgation. After the first year of office, the members from each Province shall be appointed by the Premier of that province upon the recommendation of the SASHI Board. The Premier shall consider the appointment of members from a list of names submitted by the board of directors of SASHI. Each member of the board shall be a citizen of South Africa, a resident of South Africa and shall have been actively engaged in the home inspection business for the previous three years. The initial Board members shall be deemed to have the required license in accordance with the provisions of this Chapter. Each subsequent appointee to the Board shall be a licensed Home Inspector.
C. The initial Board comprising of SASHI board members and each subsequent member appointed by the Premier shall be confirmed by the Cabinet.
D. Initially, the members of the Board shall be appointed for a three year term. No person shall be appointed for more than one full six year term. Thereafter, all members shall be appointed for six years. Any vacancy on the Board caused by death, resignation, or disability of a member shall be filled, for the unexpired terms, by appointment by the Premier of the Province where the vacancy occurs.
E. The board shall be domiciled in the Western Cape Province, Cape Town and may meet at such other locations in the country as may be determined by the Board. Eight voting members shall constitute a quorum of the Board for all purposes, including the granting or issuance of licenses and the rulemaking and adjudicative functions of the Board.
F. Each member of the initial Board shall receive a certificate or commission from the President before beginning his or her term of office and shall file with the Department of Housing a written oath or affirmation for faithful discharge of his or her official duties. Each subsequent member of the Board shall receive a commission from the Premier of the Province that he/she is appointed from before beginning his or her term of office and shall also file with the Department of Housing a written oath or affirmation for faithful discharge of his or her official duties.
G. No member of the Board shall receive a salary but shall be reimbursed for actual expenses incurred when attending a meeting of the board or any of its committees and for the time spent on behalf of the Board on official business. Each member shall be reimbursed, upon approval of the Board as evidenced by voucher, for all necessary travel and incidental expenses incurred in carrying out the provisions of this Chapter.

5. Powers and duties; meetings

A. The Board shall:
(1) Elect a Chairperson and a Vice-Chairperson, each to serve a term of one year, provided that these officers may be re-elected for subsequent terms.
(2) Employ a Secretary-Treasurer who shall serve as the Chief Operating Officer of the Board, and who shall serve at the pleasure of the Board and employ such other staff as approved by the Board.
(3) Meet at quarterly meetings each year, and at special meetings which will be held at such time and place as specified or called by the Chairperson. The Board shall appoint an Executive Director who for the first year following promulgation shall be the Executive Director of SASHI. The Executive Director shall provide written notice of all meetings to the members of the Board and to the interested public.
(4) Adopt rules and regulations to govern the practice of a Home Inspector in South Africa.
(5) Issue, suspend, modify, or revoke licenses to practice as a home inspector in South Africa.
(6) Report to the Attorney General all persons who violate the provisions of this Chapter.
(7) Maintain a current list of licensed Home Inspectors.
(8) Adopt, develop and conduct a licensing examination, which may be administered by a nationally accepted testing service as determined by the Board.
(9) Adopt its official seal and minimum standards of practice for Home Inspectors.
(10) Have the authority to impose fines.
(11) Prescribe and adopt regulations, governing the manner and conditions under which credit shall be given by the Board for participation in continuing professional education such as the Board may consider necessary.
(12) Authorize any affidavit necessary for the issuance of any interdict or other legal process authorized under this Chapter or under the rules and regulations of the Board.
(13) Issue subpoenas to require attendance and testimony and the production of documents for the purpose of enforcing the regulations relative to the home inspection industry and securing evidence of violations thereof.
(14) To incur debt. 

6. Licensing required

Effective      ........................................ 20............. , no person shall engage in or conduct or advertise or hold himself or herself out as engaging in or conducting the business, or acting in the capacity, of a licensed Home Inspector without first obtaining a license as provided for in this Chapter, unless he or she is exempted from obtaining a license as provided for in 7 below.

7. Application for licensure; fees

A. The Board shall establish satisfactory minimum qualifications for licensing. Applications for licenses and for renewal licenses shall be made in writing to the Board on forms provided by the Board.
B. The Board may charge and collect fees not in excess of the following:
(1) Application for license: R1000
(2) License Renewal Fee: R500
(3) Delinquent Renewal Fee:
(January 1-February 15) R300
(February 16-June 30) R400
(4) Initial qualifying/continuing education provider: R1000
Annual renewal fee for education provider: R1000
Filing fee for additional course offerings: R200
(5) Inspection Report Fee: R25
C. To become eligible for licensure as a licensed home inspector an applicant shall fulfil the following requirements.
(1) Shall be at least eighteen years of age.
(2) Shall have successfully completed grade 10 and have three years experience in the home inspection, building or property related field OR have successfully completed grade 12 and have one year’s experience in the building, home inspection or property related field.
(3) Shall have passed the examination required by this Chapter.
(4) Shall pay the appropriate fees.
(5) Shall complete a license application prescribed by the Board.
D. Effective  ...........................................................   20 ..............., any individual filing for an initial licensing application shall present evidence to the Board that he or she has satisfactorily completed at least thirty hours of instruction. At least twelve but not more than twenty of the hours required shall be obtained in course work containing actual practical home inspections, and the remainder of the training must be classroom hours pertaining to work approved by the Board, or, in the case of distance education, such course as may be approved by the Board. Satisfactory completion includes attendance of specified hours and passage of an examination on course contents.

8. Duties of inspector; written reports

A licensed Home Inspector shall give to each person for whom the inspector performs a home inspection for compensation a written report of the home inspection which shall include photographs. The inspector must give the person the report by the date set in a written agreement by the parties to the agreement for a home inspection. If the parties to the home inspection agreement do not agree on a date in a written agreement, the inspector must give the person the report within three business days after the inspection is performed.

9. License issuance and renewal

A. Every license issued under the provisions of this Chapter shall be issued for a period of one year and shall expire on the last day of the month of issuance in the preceding year. A license which is not renewed shall be considered to be expired, and any home inspection practice requiring a license as a licensed Home Inspector after expiration of the license shall be deemed a violation of this Chapter.
B. Any licensee who fails to renew timely may thereafter renew upon payment of the appropriate renewal and delinquent fees and upon filing of a complete renewal application. The period for delinquent renewal of an expired license shall be limited to the six month period immediately following the expiration date of the active license. Failure to delinquently renew an expired license during this six month period shall result in a forfeiture of renewal rights and shall require the former licensee to apply as an initial applicant and meet all requirements of an initial applicant.

10. Continuing education requirements

A. As a prerequisite to renewal of a license, a licensed Home Inspector shall present evidence to the Board of having completed the continuing education requirements set forth in this Chapter.
B. The basic continuing education requirements for renewal of a license shall be the completion by the applicant, during the immediate preceding one-year term of license, of ten hours of instruction in courses which have received the approval of the Board, or in the case of distance education, such instruction as may be approved by the Board.
C. In lieu of meeting the requirements of Subsection B of this Section, an applicant for the renewal of a license, may satisfy all or part of the requirements of this section by presenting evidence of participation, other than as a student, in educational processes and programs in home inspection practices, or techniques, including, but not limited to, teaching, program development, and preparation of textbooks, monographs, articles, and other instructional materials, subject to the approval of the Board.
D. No amendment or repeal of a regulation adopted by the Board pursuant to this section shall operate to deprive a licensed home inspector, of credit toward renewal of a license for any course of instruction completed by the applicant prior to the amendment or repeal of the regulation, if the course would have qualified for continuing education credit under the regulation as it existed prior to the repeal or amendment.

11. Insurance

A. All active practitioners licensed in accordance with the provisions of this Chapter shall carry professional indemnity insurance to cover all activities contemplated under this Chapter.
The Board shall, by rule, provide for the establishment of a group insurance program, provided licensees shall have the option of obtaining professional indemnity insurance independently that complies with the coverage requirements established by the Board.
B. The Board shall establish the terms and conditions of coverage mandated under this Section, including but not limited to the minimum limits of coverage, the permissible deductible, and permissible exemptions.
C. Each licensee shall be notified of the required terms and conditions of coverage for the annual policy at least thirty days prior to the annual renewal date. A certificate of coverage, showing compliance with the required terms and conditions of coverage, must be filed with the Board by the annual license renewal date by each active licensee who opts not to participate in the group insurance program administered by the Board.
D. All active licensees licensed in accordance with the provisions of this Chapter shall be required to carry general liability insurance to cover all activities contemplated under this Chapter.

12. Corporations, Partnerships

No license shall be issued under the provisions of this Chapter to a corporation, limited liability company, partnership, firm or group. However, nothing herein shall preclude a licensed home inspector from rendering home inspections for or on behalf of a corporation, limited liability company, partnership, firm or group, provided that the home inspection report is performed by and is prepared by the licensed home inspector and is signed by such state licensed Home Inspector.

13. License form, exemptions from provisions

A. The license, when issued, shall be in a form prescribed by the Board.
B. The provisions of this law shall not apply to:
(1) Persons licensed as professional engineers when acting within the scope of their license.
(2) Persons licensed as architects when acting within the scope of their license.
(3) Persons licensed by as electricians when acting within the scope of their license.
(4) Persons licensed as plumbers when acting within the scope of their license.
(5) Persons licensed as real estate brokers or real estate sales persons when acting within the scope of their license.
(6) Persons licensed as real estate appraisers, registered valuers, certified general appraisers, or residential real estate appraisers when acting within the scope of their license.
(7) Persons licensed as pest control operators when acting within the scope of their license.
(8) Persons regulated by law as insurance adjusters when acting within the scope of their profession.
(9) Persons who are employed as code enforcement officials when acting within the scope of their employment by such governmental entity.
(11) Persons licensed as building contractors when acting within the scope of their license.
C. The term "licensed Home Inspector" along with the license number, shall appear on all correspondence, advertising, and any documents incidental to a home inspection.

14. Causes for censure, suspension, revocation, or fines

A. The Board may suspend, censure, fine, revoke, or impose probationary or other restrictions on any licensee issued in accordance with the provisions of this Chapter for good cause shown which shall include but not be limited to the following:
(1) Conviction of a crime or entering a plea of guilty or criminal charge under the laws of South Africa or any Province.
(2) Deceit or perjury in obtaining any license issued under this Chapter.
(3) Providing false testimony before the Board.
(4) Efforts to deceive or defraud the public.
(5) Professional incompetence or gross negligence.
(6) Rendering, submitting, subscribing or verifying false, deceptive, misleading or unfounded opinions or reports.
(7) Violation of any rule or regulation promulgated by the Board.
(8) Aiding or abetting a person to evade the provisions of this Chapter or knowingly combining or conspiring with an unlicensed person, with intent to evade provisions of this Chapter.
(9) Violation of any provision of this Chapter not covered in this section.
(10) Violation of any standard of conduct promulgated by the Board.
(11) Engaging in conduct or advertising or holding him or herself out as engaging in or conducting the business or acting in the capacity of a home inspector without possessing a valid license.
(12) Falsely representing that a person in the holder of a valid license or registration by using the title licensed Home Inspector, or any title designation or abbreviation deceptively similar or likely to create the impression that they are licensed by the Board.
B. The Board may levy fines in an amount not to exceed one-thousand Rands per each separate violation.

15. License revocation

A. Revocation of a Home Inspector license as a result of disciplinary action by the Board may prohibit the re-licensure for a period of at least one - year from the date of revocation. An applicant for re-license shall successfully complete the examination for licensed Home Inspectors, in essence as currently provided for and endorsed by SASHI (The South African Society of Home Inspectors), and shall provide evidence of completion of twenty hours of continuing education as prescribed by the Board.
B. The Board, as a probationary condition or as a condition of a license being suspended or revoked hereunder, may require a licensee to pay all costs of the Board proceedings, including but not limited to investigators’, stenographers’ and attorneys fees and court costs.

16. Licensing required

Effective      ........................................   20........... , it shall be unlawful for anyone to engage in, conduct or advertise or hold him or herself out as engaging in or conducting the business or acting in the capacity of a Home Inspector without possessing a valid license.

17. Penalties

Whoever wilfully violates any provisions of this Chapter may be fined not more than five thousand Rands, or imprisoned for not more than six months or both.

18. Cease and desist orders; interdicts

A. In addition to or in lieu of the criminal penalties and administrative sanctions provided in this Chapter, the Board is empowered to issue an order to any person engaged in any activity, conduct or practice constituting a violation of any provision of this Chapter, directing such person or firm to cease and desist from such activity, conduct or practice. 
B. If the person or firm to whom the Board directs a cease and desist order does not cease and desist the prohibited activity, conduct or practice within two days from service of such cease and desist order by certified mail, the Board may seek, in any court of competent jurisdiction and proper venue, an interdict enjoining such person or firm from engaging in the activity, conduct or practice.

19. Fund for the State Board of Home Inspectors

A. All fees received by the Board under this chapter, and all monies otherwise received by the board shall be paid to the secretary-treasurer. Disbursements made by the Board shall be signed by the chairperson and the secretary-treasurer. In the absence of the chairperson or the secretary-treasurer, the vice-chairperson is authorized to sign all disbursements with the remaining authorized signatory.
B. All fees and monies received by the Board shall be used solely to effectuate the provisions of this Chapter including but not limited to, expenditures necessary for office fixtures, equipment and supplies, and all other expenses necessary to conduct the board’s business.

20. Rules and regulations

The adoption of any rule or regulation, shall be subject to the provisions of the relevant Administrative Procedure Act(s).

21. Occupational license tax; levy; collection

This Section shall not be construed to prohibit the levying and collection of any other license tax authorised by any other Act of Parliament.

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