SECOND REGULAR SESSION
93RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES WILSON (130) (Sponsor), RUESTMAN, BIVINS AND HENKE (Co-sponsors).
Read 1st time January 31, 2006 and copies ordered printed.
STEPHEN S. DAVIS, Chief Clerk
AN ACT
To amend chapter 339, RSMo, by adding thereto eight new sections relating to registration of home inspectors, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 339, RSMo, is amended by adding thereto eight new sections, to be known as sections 339.880, 339.882, 339.884, 339.886, 339.888, 339.890, 339.892, and 339.894, to read as follows:
339.880. As used in sections 339.880 to 339.894, unless the context otherwise requires, the following terms shall mean:
(1) "Client or customer", a person or entity that engages or seeks to engage the services of a home inspector for a residential building;
(2) "Home inspection", the process by which a home inspector performs a noninvasive and visual examination for compensation of one or more of the readily accessible systems or components of a residential building. These systems and/or components may include mechanical, electrical, plumbing, structural, roofing, or other essential systems of a residential building. The term does not include an examination of items that are concealed, not readily accessible, items that can not be activated through normal user controls, or any system or component whose utilities are shut-off or not available at the time of inspection;
(3) "Home inspector", an individual registered under sections 339.880 to 339.894, to conduct a residential building inspection for compensation;
(4) "Home inspection report", a written report prepared for a client or customer, performed for compensation and issued within an agreed upon time frame after the residential building inspection is completed;
(5) "Registrar", the Missouri secretary of state.
(6) "Residential building", a structure consisting of one to four single-family dwelling units.
339.882. 1. The registrar shall issue and renew registrations to home inspectors under sections 339.880 to 339.894.
2. An individual may not perform a home inspection for compensation unless registered under this chapter.
3. An individual who violates this chapter is guilty of a class B misdemeanor.
339.884. 1. An applicant for a registration as a home inspector shall file a written application in the form prescribed by the registrar.
2. An applicant:
(1) Must be at least eighteen years of age;
(2) Shall submit proof on satisfactory completion of an examination on home inspection offered by the American Society of Home Inspectors (ASHI), the International Code Council (ICC), the National Association of Certified Home Inspectors (NACHI), the National Association of Home Inspectors (NAHI), or the National Home Inspectors Exam (NHIE). The exam may have been taken prior to the enactment of sections 339.880 to 339.894;
(3) Shall submit proof of current general liability insurance coverage in the amount of at least two hundred fifty thousand dollars covering home inspection activities; and
(4) Shall pay an initial registration fee of two hundred dollars.
3. A person shall not work as a home inspector unless he or she has evidence of membership in and adherence to the standards of practice and code of ethics of a not-for-profit association of home inspectors operated on a national level with members in more than ten states. The national association:
(1) May not be operated as a franchise;
(2) Requires that a person may not become a full member unless they have performed or participated in more than one hundred home inspections; and
(3) Requires that its members attend continuing educational classes as a condition of membership.
339.886. The registration requirements of sections 339.880 to 339.894, do not apply to:
(1) An individual employed as a code enforcement official by the state or a political subdivision when acting within the scope of that employment;
(2) An individual licensed by the state as an architect, professional engineer, real estate appraiser, or real estate agent when acting within the scope of that license or profession;
(3) An individual regulated by the state as an insurance adjustor acting within the scope of that profession;
(4) Any person regulated by the state as a pesticide applicator or inspector;
(5) Any person regulated by the state as a septic system installer or inspector;
(6) An individual licensed and regulated by the state or a political subdivision as a residential or general contractor, electrician, plumber, or mechanical contractor when acting within the scope of that license or regulation;
(7) An individual employed by a federal, state, or local agency when performing inspections exclusively for that agency; and
(8) An individual performing inspections on property owned by himself or herself or his or her employer.
339.888. A person who is not registered as a home inspector under sections 339.880 to 339.894, may assist a state-registered home inspector in the performance of an inspection provided that the person is supervised at the inspection site by a state registered home inspector and provided any inspection report rendered in connection with the inspection is reviewed and signed by the state-registered home inspector.
339.890. A person that has not yet met all qualifications for full membership in one of the national home inspection associations described in this act may:
(1) Work as an apprentice with a state-registered home inspector in the performance of a minimum of one hundred fee paid inspections to obtain the necessary amount of home inspections required for full membership in the applicable national home inspection association; or
(2) If the person has not yet met all qualifications for full membership in one of the national home inspection associations described in sections 339.880 to 339.894, that person may become registered by completing a home inspector training course of at least one hundred hours in duration that has been approved by one or more of the national home inspection associations approved by sections 339.880 to 339.894; and
(3) Meeting all other requirements of sections 339.880 to 339.894.
339.892. 1. A home inspector is prohibited from:
(1) Disclosing any information concerning the results of the home inspection without the approval of a client or customer;
(2) Accepting compensation from more than one interested party for the same service without the consent of all interested parties;
(3) Accepting commissions or allowances, directly or indirectly, from other parties dealing with their client or customer in connection with work for which the registrant is responsible; or
(4) Repairing, remodeling, or providing other types of remedial work on any building covered by sections 339.880 to 339.894, for a period of twelve months after the inspection without the client's or customer's expressed consent.
2. No person shall provide, call, nor represent himself or herself as able to provide a home inspection for compensation unless doing so within the provisions of sections 339.880 to 339.894, and failure to do so constitutes an unfair trade practice and is punishable by applicable laws.
339.894. A registration issued under sections 339.890 to 339.894, expires on June thirtieth of every other calendar year and may be renewed upon submission of a renewal fee of fifty dollars and provision of proof of continuous insurance coverage as required for registration. The application for renewal must be postmarked before July first of the renewal year. The registrar shall cancel the registration of an individual who fails to file a timely application for the renewal of registration. The cancellation shall be without notice or opportunity for hearing. An individual whose registration has been canceled and who desires to reregister shall file an initial application, pay the initial application fee, and provide proof of current general liability insurance. An individual registered under sections 339.880 to 339.894, may not engage in any activity under sections 339.880 to 339.894, after June thirtieth of the renewal year unless that individual has a valid registration.
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