(a) The commissioner has the power and the duty to:

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Terms Used In Tennessee Code 62-6-303

  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Commissioner: means the commissioner of commerce and insurance or the commissioner's designee. See Tennessee Code 62-6-302
  • Home inspection: means a visual analysis for the purpose of providing a professional opinion of the condition of a residential building, ancillary buildings, any reasonably accessible installed components and the operation of the building's systems, including any controls normally operated by the owner of the building, for the following components:
    (i) Heating systems. See Tennessee Code 62-6-302
  • Home inspector: means any person who is licensed under this part as a home inspector and who engages in the business of performing home inspections and writing home inspection reports. See Tennessee Code 62-6-302
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) Administer and enforce this part;
(2) Issue and renew licenses to home inspectors pursuant to this part;
(3) Suspend, revoke or fail to renew the license of a home inspector;
(4) Establish standards for the initial and continuing education of home inspectors, including prescribing the form and content of examinations to determine the qualifications of persons applying for licensure;
(5) Promulgate rules and regulations that are reasonably necessary to effectuate the purposes of this chapter. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(6) Adopt and publish a code of ethics and standards of practice for home inspectors; and
(7) Charge and collect fees, including license application and renewal fees, to be utilized to fund activities that may be necessary to carry out this part.
(b) The commissioner may appoint a committee of licensed home inspectors with at least five (5) years experience in the field of home inspection to advise the commissioner with respect to any contemplated rulemaking under this section. The commissioner shall include at least one (1) member from each of the following:

(1) The American Society of Home Inspectors;
(2) The Home Inspectors of Tennessee Association;
(3) The National Association of Certified Home Inspectors;
(4) The National Association of Home Inspectors; and
(5) The American Home Inspection Association.
(c) The commissioner may seek relief at law or equity to restrain or enjoin any act or practice in violation of this part or of any rule promulgated under this part. Jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine such a suit. No bond shall be required for the prosecution of the suit or for the issuance of an injunction.
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