2010 New York Code
RPP - Real Property
Article 12-B - (444-A - 444-Q) HOME INSPECTION PROFESSIONAL LICENSING
444-C - State home inspection council.

§ 444-c. State home inspection council. 1. There is hereby established
  a state home inspection council within the department. The council shall
  consist  of the secretary or the secretary's designee and six additional
  members who are residents of the state, of whom three shall  be  persons
  licensed  and actively engaged in the business of home inspection in the
  state of New York for at least five years  immediately  preceding  their
  appointment  and three of whom shall be consumers who are the owners and
  principal residents of a residential building in the state of New  York.
  Appointments shall reflect the geographical diversity of the state.
    2.  For a period of one year after the effective date of this section,
  and  notwithstanding  any  other  provisions  of  this  section  to  the
  contrary,  the  first  three home inspectors appointed as members of the
  committee shall not be required, at the time of their first appointment,
  to be licensed to practice home inspection, provided that  such  members
  be licensed pursuant to this article within one year of appointment.
    3. The governor shall appoint each member of the council for a term of
  three  years except that of the members first appointed, two shall serve
  for terms of three years, two shall serve for terms of two years and two
  shall serve for a term of one year. The governor shall appoint one  home
  inspector  and  one  consumer  solely in his or her discretion, one home
  inspector and one consumer upon  the  recommendation  of  the  temporary
  president  of  the  senate, and one home inspector and one consumer upon
  the recommendation of the speaker of the  assembly.  Each  member  shall
  hold  office  until his or her successor has been qualified. Any vacancy
  in the membership of the council shall be filled for the unexpired  term
  in  the  manner  provided for the original appointment. No member of the
  council may serve more than two successive  terms  in  addition  to  any
  unexpired term to which he or she has been appointed.
    4.  Members  of the council shall receive no compensation but shall be
  reimbursed for their actual and necessary  expenses  and  provided  with
  office  and  meeting  facilities  and  personnel required for the proper
  conduct of the council's business.
    5. The council shall annually elect from among its members a chair and
  vice-chair and may appoint a secretary, who need not be a member of  the
  council.  The  council  shall  meet  at  least twice a year and may hold
  additional meetings as necessary to discharge its duties.
    6. The role of the council shall be advisory. The council shall advise
  the secretary in the administration and enforcement of the provisions of
  this article and recommend to the secretary regulations to implement the
  provisions of this article including but not limited to:
    (a) standards for training including approval of the course  of  study
  and examination required for licensure of home inspectors;
    (b)  requirements  and  standards  for  continuing  education  of home
  inspectors;
    (c) a code of ethics and  standards  of  practice  for  licensed  home
  inspectors  consistent  with  the  provisions  of this article and sound
  ethical practices which code and standards shall be  subject  to  public
  notice  and  comment prior to a council recommendation to the secretary.
  The standards of practice shall not require a reporting format or  limit
  information  which licensees are authorized to provide a client pursuant
  to this article; and
    (d) development of information and educational  materials  about  home
  inspection for distribution to clients.
    Nothing  in  this section shall be deemed to supersede any established
  authority, duty and  power  established  by  local  law,  state  law  or
  regulation or otherwise granted to any agency, body or entity.

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