New Mexico HB 115: HOME INSPECTOR LICENSING EXAMINATION CHANGES

Bill Text

HCEDC/HB 115/a
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AN ACT
RELATING TO LICENSURE; AMENDING APPROVED EXAMINATION
REQUIREMENTS FOR THE LICENSING OF NEW MEXICO HOME INSPECTORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 61-24D-2 NMSA 1978 (being Laws 2019,
Chapter 239, Section 2) is amended to read:
"61-24D-2. DEFINITIONS.--As used in the Home Inspector
Licensing Act:
A. "approved examination" means a national home
inspector licensing examination that has been third-party
accredited as complying with the prevailing standards of the
Standards for Educational and Psychological Testing and
assesses an applicant's knowledge of:
(1) roofing;
(2) exterior;
(3) interior;
(4) structure;
(5) electrical;
(6) plumbing;
(7) heating and cooling;
(8) insulation;
(9) fireplace and chimney; and
(10) ethical business practices,
professional standards and reports;

HCEDC/HB 115/a
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B. "board" means the New Mexico home inspectors
board;
C. "client" means a person or an agent of the
person who, through a written pre-inspection agreement,
engages the services of a home inspector for the purpose of
obtaining a report on the condition of residential real
property;
D. "compensation" means the payment for home
inspection services pursuant to the written pre-inspection
agreement;
E. "foreign home inspector" means a home inspector
who does not hold a license but who holds a current and valid
home inspector license issued by another jurisdiction in the
United States;
F. "home inspection" means a noninvasive,
nondestructive examination by a person of the interior and
exterior components of a residential real property, including
the property's structural components, foundation and roof,
for the purposes of providing a professional written opinion
regarding the site aspects and condition of the property and
its carports, garages and reasonably accessible installed
components. "Home inspection" includes the examination of
the property's heating, cooling, plumbing and electrical
systems, including the operational condition of the systems'
controls that are normally operated by a property owner;

HCEDC/HB 115/a
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G. "home inspector" means a person who performs
home inspections for compensation;
H. "license" means a home inspector license issued
by the board in accordance with the Home Inspector Licensing
Act;
I. "licensee" means the holder of a license;
J. "pre-inspection agreement" means the written
agreement signed by the client and a home inspector by which
a client engages the services of the home inspector and that
sets forth at a minimum the following:
(1) the amount of compensation due and
payable to the home inspector for the home inspection and
delivery of a report;
(2) a list of all components and systems
that will be inspected; and
(3) the date by which the client will
receive the report;
K. "report" means a written opinion prepared by a
home inspector pursuant to the terms of a pre-inspection
agreement regarding the functional and physical condition of
the residential real property as determined by a home
inspection conducted by a home inspector; and
L. "residential real property" means any real
property or manufactured or modular home that is used for or
intended to be used for residential purposes and that is a

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single-family dwelling, duplex, triplex, quadplex or unit, as
"unit" is defined by the Condominium Act."
SECTION 2. Section 61-24D-3 NMSA 1978 (being Laws 2019,
Chapter 239, Section 3, as amended) is amended to read:
"61-24D-3. NEW MEXICO HOME INSPECTORS BOARD--CREATED--
POWERS AND DUTIES.--
A. The "New Mexico home inspectors board" is
created and is administratively attached to the regulation
and licensing department.
B. The board shall consist of five members,
appointed by the governor, who have been residents of the
state for at least three consecutive years immediately prior
to their appointment. Three members shall be home
inspectors. One member shall be a real estate qualifying or
associate broker licensed in accordance with Chapter 61,
Article 29 NMSA 1978, and one member shall be a member of the
public who has never been licensed as a home inspector or
real estate broker. No more than one member shall be a
resident of any one county in the state. The initial home
inspector members appointed shall demonstrate that they have
been actively and lawfully engaged in home inspections for at
least twenty-four months prior to the effective date of the
Home Inspector Licensing Act and have met the requirements of
Paragraphs (1) through (4) of Subsection A of Section
61-24D-6 NMSA 1978. The initial home inspector members

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appointed shall com