58-4509.Registration of home inspectors, effectivedate, requirements.(a) On and after January 1, 2010, all individualsperforminghomeinspections asdefinedin K.S.A. 2009 Supp. 58-4502, and amendments thereto,shall be required to be registered by the board.
(b) All registrants must:
(1) Be at least 18 years of age;
(2) have successfully completed high school or its equivalent, unless suchindividual is engaged in the practice of performing homeinspections on the effective date of this act;
(3) submit proof of current general liability insurance coverage in an amountof $100,000 or more;
(4) submit proof of financial responsibility by one of the following:
(A) A policy of errors and omissions insurance coverage;
(B) a surety bond in an amount not less than $10,000. Eachregistered home inspector electing to provide theboard a surety bond as a condition of registration, shall filewith the board a surety bond in the amount of not less than$10,000 per year. Such bond shall be issued by a corporatesurety authorized to do business in this state. The suretybond shall state the effective date and the expiration date.The registered home inspector shall be named as principal.The bond shall be to the state of Kansas and shall beconditioned upon the registered home inspector faithfullyperforming all contracts entered into and complying withall provisions of this act and acts amendatory thereof andsupplemental thereto and following all rules and regulationsgoverning the profession. Regardless of the number ofclaims made against the bond or the number of years thebond remains in force, the aggregate liability of the suretyshall in no event exceed the amount of the bond. The bondmay be terminated at any time by the surety upon sending30 days notice in writing to the principal, the obligee andthe board;
(C) an irrevocable letter of credit not less than $10,000 issued by a bankwhich is insured by thefederal deposit insurance corporation or its successor if such letter of creditis initially issued fora term of at least one year and by its terms is automatically renewed ateach expiration datefor at least an additional one-year term unless at least 30 days priorwritten notice ofintention not to renew is provided to the board; or
(D) the maintenance of a minimum balance of $10,000 in an escrow account in aKansas financialinstitution as defined in K.S.A. 16-117, and amendments thereto, provided thatthe escrowaccount shall maintain the minimum balance through the term of the registrant'sregistration as ahome inspector. The board shall be notified in writing by the financialinstitution within 10days if the amount in the escrow account falls below the $10,000 minimumbalance. Uponnotification, the board shall suspend such registrant's registration as a homeinspector until theescrow account minimum balance is restored to greater than or equal to $10,000;
(5) have successfully completed and passed a proctoredwritten or electronic examas approved by the boardunless the applicanthas been actively engaged as a home inspector asdefined in K.S.A. 2009 Supp. 58-4502, and amendments thereto, andmet the requirements of subparagraph (B) ofparagraph 8 of subsection (b) of this section;
(6) annually obtained a minimum of 16 hours of continuingeducation approved by the board;
(7) shall retain a copy of each of the following documentspertaining to each home inspection performed by, or at thedirection of, the home inspector for a period of 24consecutive calendar months commencing on the first dayof the month in which such document is issued or in whichthe expiration date of any written agreement for such homeinspection occurs, whichever is later:
(A) The pre-inspection notice;
(B) the home inspection agreement;
(C) the home inspection report; and
(D) any other information prescribed by the board by ruleand regulation; and
(8) have satisfied one of the following requirements:
(A) Have successfully completed and passed a course of study containing atleast 80 hours of classroom and field training offered by an educationalprovider approved by the board; or
(B) if the individual has been actively engagedin the practice of conducting home inspections for not fewer than two yearsprior to the effective date of this act and have completed not less than50 fee-paid home inspections.
(c) The board, by rules and regulations, shall establish the date forrenewal of a registration which may be on an annual or biennial basis. Aregistration that is not renewed in a timely manner shall be deemed expired andmay be renewed within 30 days following the expiration date upon completion ofa renewal form and payment of a late fee established by the board.
(d) The board may grant inactive status to a registrant who meets all therequirements for renewal except for completion of continuing education uponwritten request of the registrant and payment of the inactive status fee whichshall not exceed $50. The registration shall become active upon approval of theboard following completion of all continuing education requirements and paymentof the renewal fee. A registrant whose registration is inactive shall notconduct home inspections during the time the registration is in inactivestatus.
(e) The board may reinstate a registration that has been expired or revokedfor more than 30 days but less than 90 days upon application on a form providedby the board and payment of a reinstatement fee established by the board. Theboard may establish standards for reinstatement, including a requirement thatan applicant whose registration was revoked or that has been expired for morethan one year successfully complete an approved examination.
History: L. 2008, ch. 171, § 10;L. 2009, ch. 118, § 6; July 1.
58-4509.Registration of home inspectors, effectivedate, requirements.(a) On and after January 1, 2010, all individualsperforminghomeinspections asdefinedin K.S.A. 2009 Supp. 58-4502, and amendments thereto,shall be required to be registered by the board.
(b) All registrants must:
(1) Be at least 18 years of age;
(2) have successfully completed high school or its equivalent, unless suchindividual is engaged in the practice of performing homeinspections on the effective date of this act;
(3) submit proof of current general liability insurance coverage in an amountof $100,000 or more;
(4) submit proof of financial responsibility by one of the following:
(A) A policy of errors and omissions insurance coverage;
(B) a surety bond in an amount not less than $10,000. Eachregistered home inspector electing to provide theboard a surety bond as a condition of registration, shall filewith the board a surety bond in the amount of not less than$10,000 per year. Such bond shall be issued by a corporatesurety authorized to do business in this state. The suretybond shall state the effective date and the expiration date.The registered home inspector shall be named as principal.The bond shall be to the state of Kansas and shall beconditioned upon the registered home inspector faithfullyperforming all contracts entered into and complying withall provisions of this act and acts amendatory thereof andsupplemental thereto and following all rules and regulationsgoverning the profession. Regardless of the number ofclaims made against the bond or the number of years thebond remains in force, the aggregate liability of the suretyshall in no event exceed the amount of the bond. The bondmay be terminated at any time by the surety upon sending30 days notice in writing to the principal, the obligee andthe board;
(C) an irrevocable letter of credit not less than $10,000 issued by a bankwhich is insured by thefederal deposit insurance corporation or its successor if such letter of creditis initially issued fora term of at least one year and by its terms is automatically renewed ateach expiration datefor at least an additional one-year term unless at least 30 days priorwritten notice ofintention not to renew is provided to the board; or
(D) the maintenance of a minimum balance of $10,000 in an escrow account in aKansas financialinstitution as defined in K.S.A. 16-117, and amendments thereto, provided thatthe escrowaccount shall maintain the minimum balance through the term of the registrant'sregistration as ahome inspector. The board shall be notified in writing by the financialinstitution within 10days if the amount in the escrow account falls below the $10,000 minimumbalance. Uponnotification, the board shall suspend such registrant's registration as a homeinspector until theescrow account minimum balance is restored to greater than or equal to $10,000;
(5) have successfully completed and passed a proctoredwritten or electronic examas approved by the boardunless the applicanthas been actively engaged as a home inspector asdefined in K.S.A. 2009 Supp. 58-4502, and amendments thereto, andmet the requirements of subparagraph (B) ofparagraph 8 of subsection (b) of this section;
(6) annually obtained a minimum of 16 hours of continuingeducation approved by the board;
(7) shall retain a copy of each of the following documentspertaining to each home inspection performed by, or at thedirection of, the home inspector for a period of 24consecutive calendar months commencing on the first dayof the month in which such document is issued or in whichthe expiration date of any written agreement for such homeinspection occurs, whichever is later:
(A) The pre-inspection notice;
(B) the home inspection agreement;
(C) the home inspection report; and
(D) any other information prescribed by the board by ruleand regulation; and
(8) have satisfied one of the following requirements:
(A) Have successfully completed and passed a course of study containing atleast 80 hours of classroom and field training offered by an educationalprovider approved by the board; or
(B) if the individual has been actively engagedin the practice of conducting home inspections for not fewer than two yearsprior to the effective date of this act and have completed not less than50 fee-paid home inspections.
(c) The board, by rules and regulations, shall establish the date forrenewal of a registration which may be on an annual or biennial basis. Aregistration that is not renewed in a timely manner shall be deemed expired andmay be renewed within 30 days following the expiration date upon completion ofa renewal form and payment of a late fee established by the board.
(d) The board may grant inactive status to a registrant who meets all therequirements for renewal except for completion of continuing education uponwritten request of the registrant and payment of the inactive status fee whichshall not exceed $50. The registration shall become active upon approval of theboard following completion of all continuing education requirements and paymentof the renewal fee. A registrant whose registration is inactive shall notconduct home inspections during the time the registration is in inactivestatus.
(e) The board may reinstate a registration that has been expired or revokedfor more than 30 days but less than 90 days upon application on a form providedby the board and payment of a reinstatement fee established by the board. Theboard may establish standards for reinstatement, including a requirement thatan applicant whose registration was revoked or that has been expired for morethan one year successfully complete an approved examination.
History: L. 2008, ch. 171, § 10;L. 2009, ch. 118, § 6; July 1.
58-4509.Registration of home inspectors, effectivedate, requirements.(a) On and after January 1, 2010, all individualsperforminghomeinspections asdefinedin K.S.A. 2009 Supp. 58-4502, and amendments thereto,shall be required to be registered by the board.
(b) All registrants must:
(1) Be at least 18 years of age;
(2) have successfully completed high school or its equivalent, unless suchindividual is engaged in the practice of performing homeinspections on the effective date of this act;
(3) submit proof of current general liability insurance coverage in an amountof $100,000 or more;
(4) submit proof of financial responsibility by one of the following:
(A) A policy of errors and omissions insurance coverage;
(B) a surety bond in an amount not less than $10,000. Eachregistered home inspector electing to provide theboard a surety bond as a condition of registration, shall filewith the board a surety bond in the amount of not less than$10,000 per year. Such bond shall be issued by a corporatesurety authorized to do business in this state. The suretybond shall state the effective date and the expiration date.The registered home inspector shall be named as principal.The bond shall be to the state of Kansas and shall beconditioned upon the registered home inspector faithfullyperforming all contracts entered into and complying withall provisions of this act and acts amendatory thereof andsupplemental thereto and following all rules and regulationsgoverning the profession. Regardless of the number ofclaims made against the bond or the number of years thebond remains in force, the aggregate liability of the suretyshall in no event exceed the amount of the bond. The bondmay be terminated at any time by the surety upon sending30 days notice in writing to the principal, the obligee andthe board;
(C) an irrevocable letter of credit not less than $10,000 issued by a bankwhich is insured by thefederal deposit insurance corporation or its successor if such letter of creditis initially issued fora term of at least one year and by its terms is automatically renewed ateach expiration datefor at least an additional one-year term unless at least 30 days priorwritten notice ofintention not to renew is provided to the board; or
(D) the maintenance of a minimum balance of $10,000 in an escrow account in aKansas financialinstitution as defined in K.S.A. 16-117, and amendments thereto, provided thatthe escrowaccount shall maintain the minimum balance through the term of the registrant'sregistration as ahome inspector. The board shall be notified in writing by the financialinstitution within 10days if the amount in the escrow account falls below the $10,000 minimumbalance. Uponnotification, the board shall suspend such registrant's registration as a homeinspector until theescrow account minimum balance is restored to greater than or equal to $10,000;
(5) have successfully completed and passed a proctoredwritten or electronic examas approved by the boardunless the applicanthas been actively engaged as a home inspector asdefined in K.S.A. 2009 Supp. 58-4502, and amendments thereto, andmet the requirements of subparagraph (B) ofparagraph 8 of subsection (b) of this section;
(6) annually obtained a minimum of 16 hours of continuingeducation approved by the board;
(7) shall retain a copy of each of the following documentspertaining to each home inspection performed by, or at thedirection of, the home inspector for a period of 24consecutive calendar months commencing on the first dayof the month in which such document is issued or in whichthe expiration date of any written agreement for such homeinspection occurs, whichever is later:
(A) The pre-inspection notice;
(B) the home inspection agreement;
(C) the home inspection report; and
(D) any other information prescribed by the board by ruleand regulation; and
(8) have satisfied one of the following requirements:
(A) Have successfully completed and passed a course of study containing atleast 80 hours of classroom and field training offered by an educationalprovider approved by the board; or
(B) if the individual has been actively engagedin the practice of conducting home inspections for not fewer than two yearsprior to the effective date of this act and have completed not less than50 fee-paid home inspections.
(c) The board, by rules and regulations, shall establish the date forrenewal of a registration which may be on an annual or biennial basis. Aregistration that is not renewed in a timely manner shall be deemed expired andmay be renewed within 30 days following the expiration date upon completion ofa renewal form and payment of a late fee established by the board.
(d) The board may grant inactive status to a registrant who meets all therequirements for renewal except for completion of continuing education uponwritten request of the registrant and payment of the inactive status fee whichshall not exceed $50. The registration shall become active upon approval of theboard following completion of all continuing education requirements and paymentof the renewal fee. A registrant whose registration is inactive shall notconduct home inspections during the time the registration is in inactivestatus.
(e) The board may reinstate a registration that has been expired or revokedfor more than 30 days but less than 90 days upon application on a form providedby the board and payment of a reinstatement fee established by the board. Theboard may establish standards for reinstatement, including a requirement thatan applicant whose registration was revoked or that has been expired for morethan one year successfully complete an approved examination.
History: L. 2008, ch. 171, § 10;L. 2009, ch. 118, § 6; July 1.
