Idaho to North Dakota: home inspector license reciprocity

North Dakota does regulate home inspectors statewide, but as a registration rather than a license, and it is a short chapter. Under North Dakota Century Code chapter 43-54 the Secretary of State is the registrar, no individual may perform a home inspection for compensation unless registered, and doing so anyway is a class B misdemeanor. There is one grade of registration and no junior tier. The whole qualification is four lines of statute: be at least eighteen, file proof that you passed a home inspection examination offered by the American Society of Home Inspectors, the International Association of Certified Home Inspectors, the Examination Board of Professional Home Inspectors or the International Code Council, file proof of errors and omissions insurance of $100,000 or more covering all home inspection activities, and pay $200. North Dakota writes no examination of its own, sets no classroom hours, requires no supervised inspections or prior experience, and imposes no continuing education. It also adopts no statutory standards of practice and no code of ethics, so what an inspector owes a client comes from the written inspection agreement, ordinary contract and negligence law, and the state's consumer fraud chapter, which makes a deceptive act, misrepresentation or unconscionable practice in the sale of services unlawful and lets an injured consumer sue for up to treble damages and attorney's fees. Registrations all expire on 30 June, whenever they were issued. This is a different filing from the Secretary of State's contractor license, which is graded class A to D by the value of a single job above $4,000 and involves no examination at all; the trades that come out of an inspection report are licensed separately, electricians by the North Dakota State Electrical Board and plumbers by the North Dakota State Plumbing Board.

Idaho issues no home inspector license, certificate or registration. The Division of Occupational and Professional Licenses publishes the full roster of what the state does regulate: in building, construction and real estate, architects and landscape architects, the building code program, contractors, damage prevention, drinking water and wastewater professionals, electrical, the elevator program, factory built structures, geologists, the HVAC board, industrial safety, liquefied petroleum gas safety, logging safety, plumbing, professional engineers and land surveyors, public works contractors, real estate appraisers and the Real Estate Commission; alongside nineteen health professions and a further fourteen occupational licenses from accountancy and acupuncture through morticians, outfitters and guides, shorthand reporters and social work. Home inspection is on none of those lists. Two Idaho credentials are close enough to be mistaken for one, and neither is. The first is contractor registration: under the Idaho Contractor Registration Act it is unlawful to engage in the business of, or hold yourself out as, a contractor without registering, but a contractor is defined by performing construction, meaning building, altering, repairing, adding to, moving, excavating, wrecking or demolishing, and examining a house and writing a report is none of that. The registration is also not an examined credential; the application asks for proof of worker's compensation coverage, a general liability policy of at least $300,000 single limit covering construction operations, a statement of the type of construction undertaken and a fee the statute caps at $150 a year, and the chapter provides for no examination, no experience and no education at all. The second is section 39-4108 of the Idaho Building Code Act, which requires state and local government building inspectors to hold an International Code Council building inspector or plans examiner certification. That is a condition of public employment in code enforcement, issued by a private code body rather than by Idaho, and it says nothing about a private inspector working for a buyer. Idaho's universal licensure statutes do not help either, and it is worth knowing why. Section 67-9409 requires a licensing authority to set up a route for someone holding a current, valid and unrestricted license in another state, and section 67-9414 adds a route for four years of experience earned where the occupation was unlicensed, but both run through an Idaho licensing authority for the occupation, and there is none for home inspection. An inspector arriving from another state therefore has nothing to apply for, nothing to transfer and no examination to sit, and because Idaho holds no home inspector examination the National Home Inspector Examination has nothing to stand in for here; any "certified" designation an inspector advertises comes from a private trade association rather than from the state. What binds an Idaho home inspector instead is general law. The Idaho Consumer Protection Act makes it unlawful, where a person knows or in the exercise of due care should know, to cause a likelihood of confusion about the approval or certification of a service, to represent that a person has qualifications or a license that he does not have, or to represent that a service is of a standard, quality or grade it is not; a buyer who suffers an ascertainable loss may void the agreement or sue for actual damages or $1,000, whichever is greater, with restitution, an injunction and discretionary punitive damages, and an elderly or disabled buyer may recover an enhanced penalty of $15,000 or treble damages. Idaho has enacted no statutory standard of care for home inspectors, so the written inspection agreement and ordinary contract and negligence law set the duty owed. One Idaho statute does give the inspection report a defined role: under section 55-2511 of the Property Condition Disclosure Act, delivering a report or opinion prepared by someone hired to inspect the property in connection with the proposed sale is enough to relieve the seller of liability for disclosure information outside the seller's personal knowledge, and the expert who writes it may state in writing which required disclosures the information covers and is then responsible for nothing beyond those items. The adjacent credentials an Idaho inspector is most likely to need alongside are the contractor registration for any repair work, the electrical, plumbing and HVAC credentials for the trades that fix what a report finds, the Public Works Contractors License Board's examined license for public works, and the professional engineer, architect, real estate appraiser and real estate licenses for the neighboring professional opinions.