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SECOND REGULAR SESSION
HOUSE BILL NO. 1832
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE VIOLET .
3910H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 339, RSMo, by adding thereto fourteen new sections relating to the
licensing of home inspectors, with penalty provisions and a delayed ef fective date.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 339, RSMo, is amended by adding thereto fourteen new sections,
2 to be known as sections 339.900, 339.903, 339.906, 339.909, 339.912, 339.915, 339.918,
3 339.921, 339.924, 339.927, 339.930, 339.933, 339.936, and 339.939, to read as follows:
339.900. As used in sections 339.900 to 339.939, the following terms mean:
2 (1) "Apprentice home inspector", an individual who desir es to perform home
3 inspections as an appr entice and complies with the appr enticeship rules established by
4 the board;
5 (2) "Board", the Missouri home inspectors board;
6 (3) "Component", a part of a system, as defined in this section;
7 (4) "Division", the division of pr ofessional reg istration;
8 (5) "Home inspection", the pro cess by which a home inspector , for payment,
9 visually examines the readi ly accessible systems and components of a res idential
10 building and describes such systems in writing in accordance with the standards of
11 practice established by the board;
12 (6) "Home inspection rep ort", a written report on the home inspection to
13 standards defined by the board;
14 (7) "Home inspector", an individual who is r etained to perform a home
15 inspection for compensation;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
16 (8) "Home inspector appr entice supervisor", an individual who is a licensed
17 home inspector and is appr oved by the board to supervise home inspector appr entices;
18 (9) "Readily accessible", available for visual inspection without requi ring the
19 movement of personal pr operty , dismantling, destructive measur es, or any action that in
20 the opinion of the home inspector would likely involve risk of injury to the state-licensed
21 home inspector , another person, or pr operty;
22 (10) "Residential building", a structur e of one to four dwelling units;
23 (1 1) "State-licensed home inspector", an individual licensed by the board under
24 sections 339.900 to 339.939;
25 (12) "System", a combination of interacting or interdependent components, as
26 defined by the board, assembled to carry out one or mor e functions.
339.903. 1. No person shall act as a home inspector , dire ctly or indirect ly engage
2 or assume to engage in the business of home inspection, or advertise or hold himself or
3 herself out as engaging in or conducting such business without first obtaining a license
4 issued by the board as pro vided in sections 339.900 to 339.939.
5 2. No license shall be issued under sections 339.900 to 339.939 to a partnership,
6 association, corporation, firm, limited liability company , or gro up.
7 3. Any person who is not a state-licensed home inspector under sections 339.900
8 to 339.939 may assist a state-licensed home inspector in the performance of a home
9 inspection, prov ided that the person is personally supervised by a state-licensed home
10 inspector and any home inspection repo rt rend ered in connection with the home
11 inspection is revi ewed and signed by the state-licensed home inspector .
12 4. Sections 339.900 to 339.939 shall not be construed to requi re a license for:
13 (1) Any person, partnership, association, or corporation, or employee ther eof,
14 who as owner performs inspections of res idential pro perty owned by such person,
15 partnership, association, or corporation;
16 (2) Any employee of a political subdivision, state, or federal agency who
17 performs inspection services within the scope of his or her employment;
18 (3) Any person pr oviding the inspection of two or fewer of the following
19 components or systems in a res idential building: heating system, cooling system,
20 electrical system, plumbing system, foundation, siding, r oofing, masonry chimney , or the
21 structural frame or other essential components or systems of a res idential dwelling;
22 (4) A r eal estate br oker , r eal estate salesperson, real estate appraiser , arch itect,
23 or engineer acting within the scope of his or her license;
24 (5) Any person acting on behalf of the Federal Housing Administration (FHA) in
25 the capacity of an appr oved FHA fee inspector;
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26 (6) Any person employed by or acting on behalf of a licensed insurance company
27 doing business in this state; or
28 (7) Any person employed or ret ained by a res idential home builder to inspect or
29 pr ovide warranty services for such home builder with res pect to any home built by such
30 builder .
31 5. A home inspection shall not be construed to include:
32 (1) A compliance inspection for any code or government regul ation; or
33 (2) An examination for any of the following:
34 (a) The conditions and operation of kitchen-type appliances; laundry
3 5 equipment; onsite water supplies or wells; private waste systems; irrigation systems;
36 fir e suppr ession systems; swimming pools and heaters; hot tubs, saunas, or spas;
37 exterior cooking equipment; and low-voltage systems;
38 (b) The determination of the presence of wood-destr oying organisms or pests;
39 (c) The determination of the presence of fungi, mold, bacteria, asbestos, lead-
40 based paint, gases, or conditions of air quality;
41 (d) Acoustics; and
42 (e) Other components or conditions as identified by the board.
339.906. 1. There is her eby creat ed within the division of profession al
2 r egistration the "Missouri Home Inspectors Board", which shall consist of five members
3 appointed by the governor with the advice and consent of the senate. Each member
4 shall be a citizen of the United States, a res ident of this state, and a regist ered voter for a
5 period of one year prior to the person's appointment. Four members shall be licensed
6 home inspectors, and one member shall be a public member . The public member or his
7 or her spouse shall have never been engaged in the business of home inspections, r eal
8 estate appraisal, rea l estate sales, or making loans secured by rea l estate. The board
9 shall elect fr om its membership a chair and vice chair , both of whom shall be elected at
10 the times and serve for the terms as are determined by the board.
11 2. The home inspector members initially appointed by the governor shall have
12 home inspection experience in the state of Missouri for not less than five years pr eceding
13 their initial appointment, have completed at least one thousand home inspections for
14 compensation, and be members in good standing of a nationally reco gnized home
15 inspector association req uiring psychometrically valid and legally defensible
1 6 examination. The governor shall not exclude a state-licensed home inspector fr om
17 appointment as a successor inspector member of the board by virtue of membership or
18 lack of membership in any particular home inspector association.
19 3. Of the initial members appointed, two members shall be appointed for two-
20 year terms, two members for thr ee-year terms, and one member for a four -year term.
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21 All successor members shall be appointed for four -year terms. All members shall serve
22 until their successors have been appointed and qualified. V acancies occurring in the
23 membership of the board for any reas on shall be filled by appointment by the governor
24 for the unexpir ed term. The governor may rem ove a member for cause. An executive
25 dir ector for the board shall be employed by the division of pr ofessional r egistration.
26 4. The board shall meet at least once each year to conduct its business. The
27 board may hold such additional meetings as may be r equir ed in the performance of its
28 duties. A quorum of the board shall consist of a majority of its voting members.
29 5. Each member of the board shall be entitled to a per diem allowance of up to
30 seventy dollars for each meeting day or part of a day of the board at which the member
31 is pr esent and shall be entitled to reim bursement of the member's actual and necessary
32 expenses incurr ed in the discharge of the member's official duties.
339.909. 1. The board shall have the following powers and duties and shall
2 adopt rules in accordance with the prov isions of chapter 536 to establish:
3 (1) Qualifications for the licensing of home inspectors as the board deems
4 necessary for the public inter est;
5 (2) Rules that pr escribe and define the curriculum relat ed to home inspection
6 that shall satisfy the qualification requi rem ents for licensur e;
7 (3) Appr oved courses of instruction that pr escribe and define the curriculum
8 r elated to home inspection that shall satisfy the qualification requi rem ents for licensur e;
9 (4) Rules describing the minimum uniform standards of practice for a home
10 inspection;
11 (5) Rules establishing the criteria for the supervision and training of home
12 inspector appr entices;
13 (6) An application pr ocess and administrative pr ocedur es for pr ocessing
14 applications, issuing home inspector licenses, and conducting disciplinary proceed ings
15 under the pr ovisions of sections 339.900 to 339.939;
16 (7) Pr ocedur es by which the board may issue a license on a re cipro cal basis with
17 other states without examination to a nonr esident who is licensed or certified and in
18 good standing in another state under standards that ar e substantially equal to those
19 established by the board and in sections 339.900 to 339.939;
20 (8) Standards relat ed to acceptable knowledge and competence necessary to
21 perform inspections of res idential r eal estate as requi red by sections 339.900 to 339.939;
22 (9) Standards of pro fessional and ethical conduct for home inspectors;
23 (10) Continuing education r equir ements for the ren ewal of licensur e that shall
24 meet the requi rem ents of sections 339.900 to 339.939;
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25 (1 1) Rules that define systems and items that are outside the scope of a home
26 inspection and that are not otherwise included in sections 339.900 to 339.939; and
27 (12) Reasonable rules as deemed necessary or desirable by the board to carry
28 out and enforce the pr ovisions of sections 339.900 to 339.939.
29 2. The board:
30 (1) Shall pr escribe the form and content of examinations to determine the
31 qualifications of persons who apply for licenses to engage in home inspection;
32 (2) Shall establish a list of appr oved education pr ogram pr oviders and may
33 appr ove courses of instruction in an accre dited college or university rel ated to the
34 inspection of homes and such other ar eas deemed rel evant by the board;
35 (3) May contract with a testing service to pro vide and conduct such
36 examinations;
37 (4) Shall have authority to determine who meets the criteria for licensure ;
38 (5) Shall investigate to verify an applicant's qualifications. If the r esults of the
39 investigation are satisfactory to the board and the applicant is otherwise qualified, the
40 board shall issue to the applicant a license authorizing the applicant to act as a state-
41 licensed home inspector in Missouri;
42 (6) Shall set the amount of fees authorized by sections 339.900 to 339.939 and
43 r equir ed by rules promul gated under section 536.021. The fees shall be set at a level to
44 pr oduce r evenue that does not substantially exceed the cost and expense of
4 5 administering sections 339.900 to 339.939; and
46 (7) Shall perform such other functions and duties as may be necessary to carry
47 out the pr ovisions of sections 339.900 to 339.939.
48 3. Any rule or portion of a rule, as that term is defined in section 536.010, that is
49 cr eated under the authority delegated in this section shall become effective only if it
50 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
51 section 536.028. This section and chapter 536 are nonseverable and if any of the powers
52 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
53 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
54 then the grant of rulemaking authority and any rule pr oposed or adopted after January
55 1, 2027, shall be invalid and void.
339.912. 1. There is hereb y creat ed in the state tr easury the "Missouri Home
2 Inspectors Fund", which shall consist of moneys collected under sections 339.900 to
3 339.939. The state tr easurer shall be custodian of the fund. In accordance with sections
4 30.170 and 30.180, the state trea sur er may appr ove disbursements. The fund shall be a
5 dedicated fund and, upon appr opriation, moneys in this fund shall be used solely for the
6 administration of sections 339.900 to 339.939.
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7 2. Notwithstanding the prov isions of section 33.080 to the contrary , any moneys
8 r emaining in the fund at the end of the biennium shall not r evert to the credit of the
9 general reven ue fund until the amount in the fund at the end of the biennium exceeds
10 either two times the amount of the appr opriation fr om the board's funds for the
11 pr eceding fiscal year or , if the board requ ires by rule license renewa l less fr equently
12 than yearly , thr ee times the appr opriation fr om the board's fund for the pr eceding fiscal
13 year . The amount, if any , in the fund that shall lapse is that amount in the fund that
14 exceeds the appr opriate multiple of the appr opriations fr om the board's funds for the
15 pr eceding fiscal year .
16 3. The state tr easure r shall invest moneys in the fund in the same manner as
17 other funds ar e invested. Any interes t and moneys earned on such investments shall be
18 cr edited to the fund.
339.915. 1. Applications for licensur e as a home inspector shall be submitted to
2 the board on forms pr escribed by the board and furnished to the applicant. The
3 application shall contain the applicant's statements showing the applicant's education,
4 experience, and such other information as the board may requ ire. Each application
5 shall contain a statement that it is made under oath or affirmation and that the
6 information contained ther ein is true and corr ect to the best knowledge and belief of the
7 applicant, subject to the penalties prov ided for making a false affidavit or declaration.
8 Each application shall be accompanied by the fees requ ired by the board.
9 2. Each applicant for licensur e shall:
10 (1) Demonstrate the knowledge and competence necessary to perform
1 1 inspections of r esidential real estate as pr escribed by rule;
12 (2) Be of good moral character;
13 (3) Have successfully completed a board-appr oved training progra m of at least
14 eighty classr oom hours, a board-appro ved appr enticeship pro gram, or a board-
15 appr oved pro gram consisting of a combination of classr oom hours and appr enticeship
16 field training hours;
17 (4) Have passed an examination appro ved by the board; and
18 (5) Pay the appr opriate fee set by the board.
19 3. If an applicant is not licensed within thr ee years after passing an examination
20 given under sections 339.900 to 339.939, the applicant shall be requ ired to reta ke the
21 examination prior to state licensur e.
22 4. An applicant who fails an examination taken under sections 339.900 to
23 339.939 may apply for re examination as specified by board rule.
339.918. 1. Any person desiring to practice as an appr entice home inspector in
2 this state shall apply to the board, pay the appr opriate fee, and comply with the
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3 appr enticeship rules established by the board. A home inspector appr entice license
4 shall be issued by the board before the person begins the appr enticeship pr ogram. T o
5 satisfy r equir ements for licensur e, the appr entice home inspector shall complete fifty
6 home inspections under the dir ect supervision of a licensed home inspector appr entice
7 supervisor and comply with other criteria determined by the board.
8 2. Any person desiring to act as a home inspector appr entice supervisor shall
9 have completed five hundr ed inspections for compensation, hold a curren t license with
10 the board, apply to the board for appr oval and r eceive a supervisor license, and pay the
11 appr opriate fee. A home inspector appr entice supervisor license is requ ired before
12 supervising appr entice home inspectors.
339.921. 1. The division shall mail a renew al notice to the last known addr ess of
2 each licensee before the ren ewal date. Failur e to pr ovide the board with the information
3 r equir ed for rene wal or to pay the renew al fee after such notice shall res ult in the license
4 expiring. The license shall be r einstated if, within two years of the renewa l date, the
5 applicant submits the r equir ed documentation and pays the applicable fees as appr oved
6 by the board.
7 2. A new license to r eplace any lost, destr oyed, or mutilated license may be
8 issued subject to the rules of the board.
9 3. The board is authorized to issue an inactive license to any licensee who applies
10 for such license on a form provi ded by the board and r emits the fee for an inactive
11 license established by the board. An inactive license may be issued only to a person who
12 has pr eviously been issued a license to practice as a home inspector in this state, who is
13 no longer r egularly engaged in such practice, and who does not hold himself or herself
14 out to the public as being profes sionally engaged in such practice in this state. Each
15 inactive license shall be subject to all pr ovisions of sections 339.900 to 339.939, except as
16 otherwise specifically pro vided. Each inactive license may be re newed by the board
17 subject to all pr ovisions of this section and all other pro visions of sections 339.900 to
18 339.939. An inactive licensee may apply for a license to r egularly engage in the practice
19 of home inspection upon filing a written application on a form prov ided by the board,
20 submitting the r eactivation fee established by the board, and submitting satisfactory
21 pr oof of curr ent competency as established by the board.
339.924. 1. Each educational prov ider shall apply for appr oval each calendar
2 year and shall record all attendance and satisfactory res ults for each pr ogram attendee.
3 2. In adopting rules under this section, the board shall appr ove courses of
4 instruction, seminars, and other home inspection education courses and prog rams
5 pr eviously or herea fter developed by , or under the auspices of, pro fessional home
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6 inspection associations and utilized by those associations for purposes of designation
7 and renewa l of certification of members of the association.
8 3. For purposes of licensur e or renew al of licensur e, the board shall establish or
9 appr ove credi t for education that may include courses of instruction, progra ms,
10 teaching, pr ogram development, and pr eparation of textbooks, articles, or other
11 instructional materials.
339.927. 1. The board may r efuse to issue or renew any license issued under
2 sections 339.900 to 339.939 for one or any combination of causes stated in subsection 2 of
3 this section. The board shall notify the applicant in writing of the reas ons for the ref usal
4 and shall advise the applicant of the right to file a complaint with the administrative
5 hearing commission as provi ded by chapter 621.
6 2. The board may cause a complaint to be filed with the administrative hearing
7 commission as pr ovided by chapter 621 against any state-licensed home inspector or any
8 person who has failed to renew or has surren dered his or her license for any one or any
9 combination of the following causes:
10 (1) Pr ocuring or attempting to pr ocur e a license under section 339.915 by
11 making a false statement, submitting false information, or refu sing to pro vide complete
12 information in res ponse to a question in an application for licensur e or thr ough any
13 form of fraud or misr epresent ation;
14 (2) Failing to meet the minimum qualifications for licensur e or rene wal
15 established by sections 339.900 to 339.939;
16 (3) Paying moneys or other valuable consideration, other than as pr ovided for by
17 section 339.915, to any member or employee of the board to pr ocure a license under
18 sections 339.900 to 339.939;
19 (4) The person has been finally adjudicated and found guilty , or enter ed a plea of
20 guilty or nolo contender e, in a criminal pr osecution under the laws of any state, of the
21 United States, or of any country for any offense dir ectly r elated to the duties and
22 r esponsibilities of the occupation, as set forth in section 324.012, rega rdless of whether a
23 sentence is imposed;
24 (5) Incompetence, misconduct, dishonesty , fraud, or misre present ation in the
25 performance of the functions or duties of any pr ofession licensed or regu lated by
26 sections 339.900 to 339.939;
27 (6) Failing to follow the minimum uniform standards of practice for a home
28 inspection established by the board;
29 (7) V iolating or assisting or enabling any person to willfully disrega rd any of the
30 pr ovisions of sections 339.900 to 339.939 or the rules of the board for the administration
31 and enforcem ent of the pr ovisions of sections 339.900 to 339.939;
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32 (8) Accepting an inspection assignment when the employment itself is contingent
33 upon the state-licensed home inspector's reporting a pr edetermined analysis or opinion
34 or if the fee to be paid for the performance of the home inspection is contingent upon the
35 opinion or conclusion rea ched or upon the consequences resulti ng fr om the home
36 inspection;
37 (9) V iolating the confidential nature of record s to which the person gained access
38 thr ough employment or engagement to perform a home inspection;
39 (10) V iolating any term or condition of a license issued by the board under the
40 authority of sections 339.900 to 339.939;
41 (1 1) V iolating any pro fessional trust or confidence;
42 (12) Obtaining or attempting to obtain any fee, charge, tuition, or other
43 compensation by fraud, deception, or misr epr esentation;
44 (13) Using any advertisement or solicitation that is false, misleading, or
45 deceptive to either the general public or persons to whom the advertisement or
46 solicitation is primarily dir ected; or
47 (14) Disciplinary action taken against the holder of a license or other right to
48 practice any pr ofession regul ated under sections 339.900 to 339.939, or similar
49 pr ofessions, imposed by another state, territory , federal agency , or country upon
50 gr ounds for which revocation or suspension is authorized in this state.
51 3. After the filing of such complaint, the pr oceedings shall be conducted in
52 accordance with the pr ovisions of chapter 621. Upon a finding by the administrative
53 hearing commission that the grou nds prov ided in subsection 2 of this section for
54 disciplinary action are met, the board may , singly or in combination, publicly censure or
55 place the person named in the complaint on pr obation on such terms and conditions as
56 the board deems appr opriate for a period not to exceed five years, suspend the license
57 for a period not to exceed thr ee years, or r evoke the license. The holder of a license
58 r evoked under this section shall not apply for licensur e as a state-licensed home
59 inspector or appr entice for at least five years after the date of revocation .
60 4. Applicants for relic ensure or rei nstatement after r evocation shall be r equir ed
61 to successfully complete the examination for original licensur e req uired by section
62 339.915 as a condition to rei nstatement of licensur e or reli censure subsequent to
63 r evocation.
339.930. State-licensed home inspectors shall reta in originals or true copies of
2 contracts engaging an inspector's services for inspector assignments, inspection rep orts,
3 and supporting data assembled and formulated in pre paring inspection reports for
4 thr ee years and a day . The service period for ret ention of the records applicable to each
5 engagement of the services of the state-licensed home inspector shall begin on the date of
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6 the home inspection repor t. Such records shall be made available by the state-licensed
7 home inspector for inspection and copying by the board on reas onable notice to the
8 state-licensed home inspector .
339.933. 1. Except as provi ded in subsection 2 of this section, sections 339.900 to
2 339.939 shall pr eempt any rule, regula tion, or order adopted by a political subdivision of
3 the state rela ting to the licensing or reg ulation of home inspectors or home inspection
4 businesses.
5 2. Under section 324.016, no new licensing activity or other statutory
6 r equir ements shall become effective until expenditures or personnel are specifically
7 appr opriated for the purpose of conducting the business as requ ired and the initial rules
8 filed, if appr opriate, have become effective.
339.936. Befor e January 1, 2028, the education, training, and experience
2 r equir ements of sections 339.900 to 339.939 shall be deemed established for an applicant
3 if the applicant:
4 (1) Has been a home inspector for two years befor e January 1, 2027;
5 (2) Has passed a psychometrically valid and legally defensible pro ctor ed home
6 inspection examination; and
7 (3) Pr ovides evidence of completing one hundr ed home inspection rep orts for
8 which the individual was paid and can prod uce invoices for verification.
339.939. 1. An action to recover damages for any act or omission of a home
2 inspector relat ing to a home inspection that he or she conducts shall be commenced only
3 within one year after the date of the inspection r eport.
4 2. Any person or corporation who knowingly violates any pr ovision of sections
5 339.900 to 339.939 is guilty of a class B misdemeanor . Any officer or agent of a
6 corporation, or member or agent of a partnership or association, limited liability
7 company , or gro up, who knowingly and personally participates in or is an accessory to
8 any violation of sections 339.900 to 339.939 is guilty of a class B misdemeanor . This
9 section shall not be construed to release any person fr om civil liability or criminal
10 pr osecution under any other law of this state. The board may cause a complaint to be
11 filed for a violation of section 339.903 in any court of competent jurisdiction and
12 perform such other acts as may be necessary to enforce the pr ovisions of sections
13 339.900 to 339.939.
Section B. The enactment of sections 339.900, 339.903, 339.906, 339.909, 339.912,
2 339.915, 339.918, 339.921, 339.924, 339.927, 339.930, 339.933, 339.936, and 339.939 of
3 this act shall become ef fective January 1, 2027.
✔
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