Maine to Kentucky: home inspector license reciprocity

Kentucky licenses home inspectors statewide. The Kentucky Board of Home Inspectors is administered through the Kentucky Real Estate Authority and issues one credential, held by an individual rather than by a company: nobody may advertise or claim to be a home inspector, or inspect a residential dwelling for compensation, without it. There is a single grade, with no apprentice, associate or trainee tier below it and nothing above it, so the license an inbound inspector seeks is simply the home inspector license. No Kentucky city or county may add a home inspector license or registration of its own, although a local occupational license tax can still apply. Every licensee carries general liability insurance of at least $250,000 naming the Board as certificate holder, and every fee-paid inspection follows the standards of practice of either the American Society of Home Inspectors or the International Association of Certified Home Inspectors, whichever the inspector names on the application. Architects, professional engineers, licensed plumbers, electricians, HVAC mechanics, real estate licensees, appraisers and several other trades are exempt when they act inside their own license.

Maine issues no home inspector license, certificate or registration, so an inspector moving here has no state credential to apply for, no examination to sit and nothing to transfer from another state. The Office of Professional and Occupational Regulation publishes the full directory of the professions Maine does regulate, running from accountants, architects, professional engineers, land surveyors, geologists and soil scientists through electricians, plumbers, oil and solid fuel technicians and propane and natural gas technicians to real estate appraisers, appraisal management companies, the Real Estate Commission, interior designers, door-to-door home repair sellers and transient sellers, and home inspection is nowhere on it; the only listed occupations carrying the word inspector are boiler inspectors, elevator inspectors and mechanics, and tramway inspectors. The state has looked squarely at changing this and declined: after LD 671 of the 129th Legislature became Resolve 2019, chapter 61, the Commissioner of Professional and Financial Regulation delivered a sunrise review on January 10, 2020 which reported that "Maine is one of 16 states that does not regulate home inspectors", that there is no single listing or registry of Maine home inspectors, that the Attorney General's Consumer Protection Division had logged only seven home inspection complaints across 2012 to 2019 and that no Maine court case turned on an inspector's report, and it recommended no licensing program; none has been enacted since, and the only earlier attempt, LD 168 of 1999, also failed. Because Maine holds no home inspector examination, the National Home Inspector Examination has nothing to stand in for here, and any "certified" designation an inspector advertises comes from a private trade association rather than from the state. What binds a Maine home inspector instead is general law: the Maine Unfair Trade Practices Act declares unlawful, at 5 M.R.S. section 207, "unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce", and section 213 lets a consumer who bought services primarily for personal, family or household purposes and lost money as a result sue in Superior or District Court for actual damages, restitution and equitable relief after sending a written demand for relief at least 30 days beforehand, while a claim of $6,000 or less can go to small claims court instead. Beyond that it is the written pre-inspection agreement and ordinary contract and negligence law that set the duty owed, because Maine has enacted no statutory standard of care for home inspectors and no statute governing the content or form of an inspection report: the Home Construction Contracts law at 10 M.R.S. chapter 219-A, which requires a written contract above $3,000, is defined as a contract "to build, remodel or repair a residence" and so does not reach an inspection engagement, and the residential property disclosure statute at 33 M.R.S. section 173 puts the pre-sale duty on the seller without requiring an inspection at all. Two boundaries still matter. Radon is not part of an unregulated home inspection in Maine: under the Radon Registration Act a person may not perform, evaluate or advertise to perform or evaluate tests for radon in buildings or on building lots unless registered with the Maine CDC Radiation Control Program, and the exemption for an owner or occupant testing their own building falls away the moment the building is for sale, which is precisely the setting an inspector works in. And the Maine credential whose name sounds closest to this trade is not one: the certified code enforcement officer, municipal building official and third-party inspector under 30-A M.R.S. section 4451 is a public code-enforcement certification held for a municipality to enforce the Maine Uniform Building and Energy Code and the plumbing, wastewater and shoreland rules, not a private practice license, so an inbound inspector should not treat it as Maine's version of a home inspector credential.