Ohio Admin. Code 4781-7-06 - Code of ethics for certified inspectors

(A) General.

(1) To safeguard the health, safety, and welfare of the public and the state of Ohio, and to maintain integrity and high standards of skills and practice in the industry, manufactured home inspectors, and the plans reviewer shall follow the rules of professional conduct under Chapter 4781. of the Revised Code and the rules promulgated thereunder, which shall be binding upon every person holding a certification as a manufactured home inspector and/or plans reviewer in Ohio. In addition, certified manufactured homes home inspectors and/or plans reviewers are required to meet the ethics of the state of Ohio ethics standards under Chapter 102. of the Revised Code.

(2) The manufactured home inspectors and/or plan reviewer certified by the commission division are presumed to have knowledge of Chapter 4781. of the Revised Code and the rules promulgated thereunder regarding the installation of manufactured homes and the standards of conduct under this rule for certified manufactured home inspectors, and/or plans reviewer and the certified manufactured home inspectors and/or plans reviewer shall be forthright and candid in statements or written responses to the commission division or its representatives on matters pertaining to professional conduct.

(B) Code of ethics for certified manufactured home inspectors and/or plans reviewers.

(1) The manufactured home inspector and/or plans reviewer shall protect the health, safety, and welfare of the public and his or hers her colleagues in the performance of his or hers her professional duties. If a situation arises which that threatens the health, safety, or welfare of the public or the certified manufactured homes home inspector's and/or plans reviewer's colleagues, the certified manufactured homes home inspector and/or plans reviewer shall:

(a) Advise the licensed installer immediately and provide the installer an opportunity for timely correction of the violation(s);

(b) Notify the proper authority; and

(c) Notify the commission division within one business day.

(2) The certified manufactured homes home inspector and/or plans reviewer shall undertake only those assignments which that the certified manufactured homes home inspector and/or plans reviewer is qualified by training, education, and experience to perform. If the competence of a certified manufactured homes home inspector and/or plans reviewer comes into question, the certified manufactured homes home inspector and/or plans reviewer shall cooperate in any investigation by the commission division.

(3) The certified manufactured homes home inspector and/or plans reviewer shall be completely objective in any professional report, statement, or testimony.

(4) The certified manufactured homes home inspector and/or plans reviewer shall at all times act with complete integrity for each client and shall be honest in all dealings with customers, the commission division, his or her colleagues, and the public.

(5) The certified manufactured home inspector and/or plans reviewer shall respond promptly to all complaints.

(6) The certified manufactured home inspector and/or plan reviewer shall keep current knowledge of the products, methods, techniques, and technology associated with the installation of manufactured homes and with related inspection practices.

(7) The certified manufactured home inspector and/or plans reviewer shall not authorize or approve any installation by any non-homeowner other than a manufactured home installer licensed by the commission division.

(8) The certified manufactured home inspector and/or plans reviewer who has knowledge or reason to believe that another person is violating any of the provisions of Chapter 4781. of the Revised Code or any provision of the rules promulgated thereunder, shall immediately notify the commission division in writing.

(9) The certified manufactured home inspector and/or plans reviewer shall not directly or indirectly receive, or solicit, or request, anything of value except normal, legal, and customary compensation for professional employment and services.

(10) The certified manufactured home inspector and/or plans reviewer shall not falsify or misrepresent his or her professional qualifications, and shall not misrepresent or exaggerate his or her responsibilities, skills, or competency.

(11) The certified manufactured home inspector and/or plans reviewer shall conduct every inspection in a professional manner with respect for to the property being inspected. The certified manufactured homes home inspector and/or plans reviewer shall not require a certified manufactured homes inspector and/or plans reviewer be required to perform any destructive testing.

(12) The certified manufactured homes home inspector and/or plans reviewer shall not pass judgment on the value of a manufactured home, or property or recommend the purchase of a manufactured home or property.

(13) Misrepresent his or her qualifications to the commission division in an application for certification under Chapter 4781. of the Revised Code or the rules promulgated thereunder.

(14) Certified manufactured homes home inspectors and/or plans reviewer shall avoid conflicts of interest or activities which that compromise or appear to compromise professional independence, objectivity, or inspection and/or plans review integrity.

(15) Certified manufactured homes home inspectors and/or plans reviewer shall not inspect properties in which they have or expect to have a financial interest.

(16) Certified manufactured homes home inspectors and/or plans reviewer shall not inspect properties under contingent arrangements whereby any compensation or future referrals are dependent on the certified manufactured homes home inspector and/or plans reviewer approving the plans or issuing an final inspection seal or issuing a temporary inspection seal and temporary occupancy permit or on the sale of a property.

(17) Certified manufactured homes home inspectors and/or plans reviewer shall not accept compensation directly or indirectly for recommending contractors, services, or products to inspection clients or other parties having an interest in the manufactured home business or the related services or parties.

(18) Certified manufactured homes home inspectors and/or plans reviewer shall not repair, replace, or upgrade a system or component of a manufactured home, or perform any other service not relating to an inspection of a manufactured home, for compensation or otherwise, for one year before or after the inspection and/ or plans review for that property.

(C) Conviction of a felony, or the revocation or suspension of a certification or license in another jurisdiction for conduct that would violate Chapter 4781. of the Revised Code or the rules promulgated thereunder if it occurred in the state of Ohio may be grounds for the commission division to charge the inspector with a violation of this rule. If the commission proposes to decertify an inspector and/or plans reviewer, the commission shall conduct a hearing pursuant to Chapter 119. of the Revised Code.

(D) Each certified manufactured homes home inspector and/or plans reviewer shall keep a true and accurate record of all inspections and business transactions relevant to the enforcement of Chapter 4781. of the Revised Code and the rules promulgated thereunder in the certified manufactured homes home inspector's and/or plans reviewer business office. Such records shall be available during normal business hours for inspection and copying by the commission division, its staff, or its designee.

(E) The commission division may conduct a hearing pursuant to Chapter 119. of the Revised Code when any Ohio certified manufactured homes home inspector and/or plans reviewer violates the commission division's rules. If the commission division finds that the inspector and/or plans reviewer has violated the rules, the commission division may decertify, suspend, revoke, issue a fine, or do a combination thereof. Any fine imposed cannot exceed one thousand dollars per violation per day per violation. An Ohio certified manufactured homes home inspector and/or plans reviewer shall return his or her certification and identification card to the commission division within three business days after receipt of the commission's division's order decertifying revoking the certification of the inspector and/or plans reviewer.

Notes

Ohio Admin. Code 4781-7-06

Effective: 1/20/2020
Five Year Review (FYR) Dates: 8/27/2019 and 01/20/2025
Promulgated Under: 119.03
Statutory Authority: 4781.04, 4781.14
Rule Amplifies: 4781.04, 4781.121, 4781.14
Prior Effective Dates: 01/01/2007, 01/01/2010, 06/02/2011, 12/01/2012