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(1) An individual receiving a Certificate of Insurability (Form VIP-1) may provide to an insurer a copy of the certificate as part of the application for residential property insurance coverage. (2) The existence of a Certificate of Insurability (Form VIP-1) issued under this program creates a presumption that the property condition is adequate for residential property insurance to be issued. (3) If a Certificate of Insurability (Form VIP-1) is provided to an insurer as part of an application for residential property insurance, the insurer may not use property condition as grounds for refusing to issue or renew a residential property insurance policy unless the insurer reinspects the property and specifies in its declination letter the conditions of deficiency causing the residential property risk to be uninsurable. (4) As a condition of issuing a policy, when a Certificate of Insurability (Form VIP-1) is used
in whole or in part to determine insurability, an insurer may require a written statement by the applicant for residential property insurance stating that there have been no material or substantial changes to the property condition since the date of the inspection certificate. (i) Certification or Licensing of Inspectors. (1) Certification. (A) The following individuals may be certified by the Department as qualified inspectors under this program: (i) Persons licensed to perform real property inspections under the Real Estate Licensing Act; (ii) Designated employees or agents of a county or municipality which elects to establish a voluntary inspection program for the inspection of residential properties within the territorial limits of the county or municipality. These employees or agents must be Certified Building Officials or Building Inspectors certified by a model code organization;
(iii) Persons holding an insurance adjusters license pursuant to Article 21.07-4, Insurance Code; (iv) Persons holding a local recording agents license pursuant to Article 21.14, Insurance Code; (v) Persons holding a solicitors license pursuant to Article 21.14, Insurance Code; or (vi) Licensed Texas Professional Engineers. (B) Certification procedures shall be as follows: (i) Each applicant for a certification to act as a qualified inspector for the Voluntary Inspection Program shall file with the Department a completed Application for Residential Property Inspector Licensing/Certification (Form VIP-3) accompanied by such documents and attachments necessary to support the application; (ii) No certification shall be approved by the Department until a completed Application for Residential Property Inspector Licensing/Certification (Form VIP-3) has
been filed with the Department; (iii) Upon review and approval of each completed application, a certification will be issued by the Department to the applicant; (iv) If an applicant is disapproved the Department shall issue to the applicant a letter of disapproval specifying the reasons for such disapproval; and (v) Certification remains valid so long as the applicant remains qualified under subparagraph A of this subsection. (2) Licensing. (A) The following individuals may be licensed by the Department as qualified inspectors under this program. (i) Designated employees or agents of a county or municipality which elects to establish a voluntary inspection program for the inspection of residential property located within the territorial limits of a county or municipality and having at least one year of experience actively performing field inspections of residential
property and not licensed as specified in subparagraph A of this subsection; (ii) Individuals who complete at least 60 college semester hours of Engineering, Safety, or related fields and one year experience of actively performing inspections of real property for the purpose of rating, underwriting, building code compliance or real estate appraisals; (iii) Individuals who have two years experience actively performing inspections of real property for the purpose of rating, underwriting, building code compliance or real estate appraisals; or (iv) Individuals who are employed by an entity that is responsible for and specializes in rating, underwriting, building code compliance or real estate appraisal and who have been actively performing inspections of real property for those purposes for a minimum of one year. (B) Licensing procedures shall be as follows: (i) Each applicant for a license
to act as a qualified inspector for the Voluntary Inspection Program shall file with the Department a completed Application For Residential Property Inspector License/Certification (Form VIP-3) accompanied by such documents and attachments necessary to support the application; (ii) No license shall be approved by the Department until a completed Application for Residential Property Inspector Licensing/Certification (Form VIP-3) has been filed with the Department; (iii) Upon review and approval of each completed application a license will be issued by the Department to the applicant; and (iv) If an applicant is disapproved the Department shall issue to the applicant a letter of disapproval specifying the reasons for the disapproval. (3) Expiration and Renewal of Certification or License. (A) Each license or certification issued to an inspector under the Voluntary Inspection Program shall
expire two years following the date of issue unless it is suspended or revoked by the Commissioner prior to this expiration date. (B) A person may renew an unexpired license or certification by filing a Renewal Application (Form VIP-6) with the Department. (C) If a person's license or certification has been expired for 90 days or less, the person may renew the license or certification by filing a Renewal Application (Form VIP-6) with the Department. (D) If a person's license or certification has been expired for longer than 90 days, the person may not renew the license. The person may obtain a new license or certification by complying with the requirements and procedures, as outlined in subsection (i), for obtaining an original license or certification. (E) At least 30 days before the expiration of a person's license or certification, the Department shall send written notice of the impending
expiration to the person at the person's last known address according to the records of the Department. (F) Each inspector shall at all times keep the Department informed of the inspector's current address. Such address shall be included in each original application and renewal application. In the absence of the submission of a specific written request to change that address, which must be separate from any other submission, the inspector's current address is presumed to be the address on the most recent renewal or original application form, whichever is latest. Such address shall be considered the inspector's last known address for the purposes of notice to the inspector by the Department. Any request for a change of address shall be addressed to the Inspections and Fire Safety Section of the Property and Casualty Program, Texas Department of Insurance, 333 Guadalupe, P.O. Box 149104, Austin, Texas 78714-9104. (4) Persons Not
Eligible for Certification or Licensing. The following individuals may not be certified or licensed as qualified inspectors under this program. (A) Individuals employed by an insurance company except local recording agents, solicitors or insurance adjusters; (B) Individuals employed by the Department; or (C) Individuals whose qualifying license under subparagraph A of this subsection have been revoked or suspended. (5) Persons Authorized To Perform Inspections. An inspection of residential property for the purposes of determining property condition insurability pursuant to Article 5.33B, Insurance Code, and this plan of operation shall only be performed by an individual licensed or certified by the Department as a qualified inspector in accordance with this subsection. (j) Denial, Suspension, Cancellation or Revocation of an Inspector's Certification or License.
(1) The Commissioner may discipline a licensee or certificate holder or deny an application for inspector's license or certification if the Commissioner finds that the licensee or applicant: (A) Has knowingly, willfully, fraudulently, or with gross negligence, signed or cause to be prepared an inspection report or issued a Certificate of Insurability that contains a false, fictitious, or fraudulent statement or entry; (B) Has willfully violated any provision of the insurance laws of this State; (C) Has intentionally made a material misstatement in the application for such license or certification; (D) Has obtained, or attempted to obtain, such license or certification by fraud or misrepresentation; (E) Has been guilty of fraudulent or dishonest acts; or Cont'd... |
