Arkansas Home Inspector Licensing Law

Arkansas Code · 23 sections

The following is the full text of Arkansas’s home inspector licensing law statutes as published in the Arkansas Code. For the official version, see the Arkansas Legislature.

Ark. Code Ann. § 17-15-106

(a) If a registered architect or professional engineer voluntarily, without compensation other than expense reimbursement, provides architectural, structural, electrical, mechanical, or other design professional services related to a declared national, state, or local emergency caused by an earthquake, hurricane, tornado, fire, explosion, collapse, or other similar disaster or catastrophic event, at the request of or with the approval of a national, state, or local public official, law enforcement official, public safety official, or building inspection official believed by the registered architect or professional engineer to be acting in his or her official capacity, the registered architect or professional engineer shall not be liable for any personal injury, wrongful death, property damage, or other loss of any nature related to the registered architect's or professional engineer's acts, errors, or omissions in the performance of any architectural or engineering services for any structure, building, facility, project utility, equipment, machine, process, piping, or other system, either publicly or privately owned. (b) The immunity provided under subsection (a) of this section shall apply only to a voluntary architectural or engineering service that occurs during the emergency or within ninety (90) days following the end of the period for an emergency or other similar disaster or catastrophic event, unless extended by an executive order issued by the Governor under the Governor's emergency executive powers. (c) This section does not provide immunity for wanton, willful, or intentional misconduct. (d) As used in this section: (1) "Building inspection official" means an appointed or elected federal, state, or local official with the executive responsibility to coordinate building inspection in the jurisdiction in which an emergency or event has occurred; (2) "Law enforcement official" means an appointed or elected federal, state, or local official with the executive responsibility to coordinate law enforcement in the jurisdiction in which an emergency or event has occurred; (3) "Professional engineer" means a person licensed as an engineer under a state's engineering licensure laws; (4) "Public official" means a federal, state, or local elected official with the executive responsibility in the jurisdiction in which an emergency or event has occurred; (5) "Public safety official" means an appointed or elected federal, state, or local official with the executive responsibility to coordinate public safety in the jurisdiction in which an emergency or event has occurred; and (6) "Registered architect" means a person licensed under a state's architectural licensure laws as a registered architect. Added by Act 2015, No. 534,§ 1, eff. 7/22/2015.

Ark. Code Ann. § 17-15-312

(a) This chapter does not prevent: (1) A nonresident who holds the certification issued by the National Council of Architectural Registration Boards from offering to render the professional services involved in the practice of architecture, if for every project the person is involved in, he or she notifies the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in writing that he or she: (A) Holds a National Council of Architectural Registration Boards certificate and is not currently registered in Arkansas but will be present in Arkansas for the purposes of offering to render architectural services for a single project; (B) Will deliver a copy of the notice referred to in subdivision (a)(1)(A) of this section to every potential client to whom the applicant offers to render architectural services; and (C) Promises to apply to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers within thirty (30) days for registration if selected as the architect for the project; (2) A person who holds the certification issued by the National Council of Architectural Registration Boards but who is not currently registered in Arkansas from seeking an architectural commission by participating in a single architectural design competition for a project in Arkansas, if for every project the person is involved in, the person notifies the Arkansas State Board of Architects, Landscape Architects, and Interior Designers in writing that: (A) The person holds a National Council of Architectural Registration Boards certificate and is not currently registered in the jurisdiction but will be present in Arkansas for the purpose of participating in an architectural design competition; (B) The person will deliver a copy of the notice referred to in subdivision (a)(2)(A) of this section to every person conducting an architectural design competition in which the applicant participates; and (C) The person promises to apply to the Arkansas State Board of Architects, Landscape Architects, and Interior Designers within thirty (30) days after being selected as the architect for the project; and (3) (A) A person who is not currently registered in this state but who is currently registered in another jurisdiction from providing uncompensated professional services at the scene of an emergency at the request of a public officer, public safety officer, or municipal or county building inspector acting in an official capacity. (B) "Emergency" means earthquake, eruption, flood, storm, hurricane, or other catastrophe that has been designated as a major disaster or emergency by the President of the United States or the Governor. (b) An individual who possesses a professional degree in architecture and is enrolled in the Architectural Experience Program of the National Council of Architectural Registration Boards or under the jurisdiction of the Arkansas State Board of Architects, Landscape Architects, and Interior Designers may use the title "Architectural Intern" or "Intern Architect" to identify himself or herself. Acts 1999, No. 1338, § 5; 2009, No. 1367, § 10; 2011, No. 859, § 1.

Ark. Code Ann. § 17-25-301

(a) The issuance of a certificate of license or registration by the Contractors Licensing Board shall be evidence that the person, firm, or corporation named on the certificate of license or registration is entitled to all of the rights and privileges of a licensed or registered contractor while the license or registration remains unrevoked or unexpired. (b) (1) Upon making application to the building inspector or other authority of any incorporated city or town in Arkansas charged with the duty of issuing building or other permits for the construction of any building, apartment, condominium, utility, highway, sewer, grading, or any other improvement or structure, when the cost of the work to be done by the contractor, but not limited to labor and materials, is fifty thousand dollars ($50,000) or more, any person, firm, or corporation, before being entitled to the issuance of such permits, shall furnish satisfactory proof to the inspector or authority that he or she is duly licensed under the terms of this chapter. (2) It shall be unlawful for the building inspector or other authority to issue or allow the issuance of a building permit unless and until the applicant has furnished evidence that he or she is either exempt from the provisions of this chapter or is duly licensed under this chapter to carry out or superintend the work for which the permit has been applied. Amended by Act 2019, No. 805,§ 7, eff. 7/1/2020. Amended by Act 2015, No. 1048,§ 3, eff. 7/22/2015. Acts 1965, No. 150, § 13; A.S.A. 1947, § 71-712; Acts 1987, No. 495, § 2. Next

Ark. Code Ann. § 17-42-107

Next (a) An action or suit shall not be instituted, nor recovery be had, in any court of this state by any person or other legal entity for compensation for performance of any acts described in § 17-42-103(10) unless at the time of offering to perform and performing any such act or procuring any promise to contract for the payment of compensation for any such contemplated act: (1) The person holds an active license under this chapter as a principal broker; or (2) The person or other legal entity was the owner of the real estate firm that contracted for or otherwise performed the acts for the compensation that is the subject of the action or suit through either a principal broker or a person approved by the Arkansas Real Estate Commission under § 17-42-301(f) while licensed or approved by the commission at the time of the acts. (b) No salesperson, executive broker, or associate broker may sue in his or her own capacity for the recovery of fees, commissions, or compensation for services as a salesperson, executive broker, or associate broker unless the action is against the principal broker with whom he or she is licensed or was licensed at the time the acts were performed. (c) (1) As used in this subsection, "systematic residential rental property inspection program" means a program that requires all persons who reside outside of the State of Arkansas and are owners of residential rental property located within the corporate limits of a municipality in this state to designate an agent for service of process. (2) In any municipality that has established a systematic residential rental property inspection program, a licensee as defined under § 17-42-103 shall not have criminal or civil liability to the municipality, to the nonresident owner, or otherwise for any action or inaction of the municipality or owner: (A) When acting as an agent for service of process for a nonresident owner; (B) Arising from the agent's performance of duties as the agent for service of process; and (C) If within three (3) business days of receipt of service of process or at other times established by ordinance in effect as of August 12, 2005, the licensee sends the service of process to the last known address of the nonresident owner. (3) This subsection supersedes any provision of common law to the contrary. Acts 1993, No. 690, § 8; 2001, No. 1172, § 1; 2005, No. 1840, § 1; 2011, No. 865, § 5. Previous Next

Ark. Code Ann. § 17-52-302

Next (a) It is the intent of the General Assembly in enacting this subchapter: (1) To assure that consumers of home inspection services can rely upon the competence of home inspectors as determined by educational and testing requirements; (2) That in ascertaining the degree of care that would be exercised by a reasonably prudent home inspector, the court shall consider the standards of practice and code of ethics that are in force at the time the inspection in question was conducted; and (3) That this subchapter apply to and govern all persons who practice home inspection in Arkansas whether they are registered under its provisions or not. (b) The purpose of the State Board of Appraisers, Abstracters, and Home Inspectors created under this subchapter shall be to: (1) Administer and enforce the provisions of this subchapter; (2) Promote a business atmosphere that will protect consumers of home inspection services; (3) Oversee an ongoing program to develop high-level skills in home inspectors; and (4) Encourage the presence of a viable home inspection industry in Arkansas. Amended by Act 2023, No. 628,§ 48, eff. 7/1/2023. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-303

Next As used in this subchapter: (1) "Applicant" means a person who is applying for registration or renewal of registration under this subchapter; (2) "Client" means a person who engages the services of a home inspector for the purpose of obtaining inspection of and a written report on the condition of a residential unit; (3) "Competency examination" means a written examination to establish whether an applicant possesses an adequate level of knowledge of home inspection procedures and components; (4) "Home inspection" means a visual inspection of a residential unit and its attached carports and garages and the operation of the building's systems by using the controls normally operated by the owner; (5) "Home inspection report" means a written report prepared for a fee and issued by a home inspector to document the results of a home inspection; (6) "Home inspector" means a person who engages in the business of performing home inspections for compensation and who in the pursuit of that business offers to inspect or inspects the condition of a private residence; (7) "Person" means any natural person; and (8) "Residential unit" means any dwelling from one (1) to four (4) units in design intended principally for residential purposes by one (1) or more persons. Amended by Act 2019, No. 386,§ 36, eff. 7/24/2019. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-306

Next The State Board of Appraisers, Abstracters, and Home Inspectors may: (1) Perform the duties and functions appropriate and necessary to carry out the provisions of this subchapter; (2) Review, approve, or reject registration applications and issue registration certificates to applicants; (3) Establish a mandatory continuing education program designed to upgrade the professional skills and knowledge of home inspectors practicing in Arkansas; (4) (A) Establish administrative procedures for disciplinary proceedings conducted according to the provisions for this subchapter. (B) The procedures shall include provisions for the suspension and revocation of registration and enforcement of civil penalties; (5) Establish procedures for processing and resolving complaints against home inspectors conducting home inspections in Arkansas; (6) Authorize disbursement of the funds collected into the Arkansas Home Inspectors Registration Fund; (7) Employ legal counsel to represent it in any proceedings when legal counsel is required; (8) Develop competency exams for home inspectors; (9) Establish a standard of practice and code of ethics for home inspectors; (10) Enter into agreements with other states, territories, districts, or possessions of the United States concerning registration or licensing requirements acceptable between Arkansas and the other entities; (11) Maintain working files as it deems necessary; (12) Contract for administrative support services and meet financial obligations of those contracts using moneys from the fund; (13) (A) Develop and implement a means for conducting internet board meetings, which may be observed by the public in real time. (B) Public participation in the meetings may be permitted in accordance with rules developed by the board; (14) Establish and maintain a website devoted to home inspection registration and related subjects; and (15) [Repealed.] (16) Establish educational requirements for registration to begin after July 1, 2004, including the standards and procedures for approval of educational programs if the maximum number of hours required shall not exceed ninety (90) classroom hours. Amended by Act 2023, No. 628,§ 51, eff. 7/1/2023. Amended by Act 2021, No. 492,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5437, eff. 7/1/2019. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-307

Next (a) As part of an investigation or as a condition of renewal, the State Board of Appraisers, Abstracters, and Home Inspectors may require a home inspector to submit in writing home inspection reports and other documents to be reviewed by the board. (b) Requests by the board for copies of home inspection reports shall supersede any contract of client privacy or confidentiality whether written or oral. (c) Any documents submitted to the board as part of an investigation shall: (1) Be considered as confidential documents; (2) Be used only for the purpose for which they are requested; (3) Not be available for public viewing; (4) Not become part of any official file; and (5) Not be revealed to any nonboard members. (d) When the action for which they were requested is completed by the board, the documents shall be returned to the home inspector at his or her own expense or destroyed if the home inspector requests that the documents be destroyed. (e) In fulfilling its duties under this subchapter, the board shall comply with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and any person aggrieved by any rule or other actions of the board for which an appeal is not provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., may appeal to the Pulaski County Circuit Court. (f) All work papers submitted to the board for action on complaints and disciplinary procedures under this subchapter shall not be deemed public records under the Freedom of Information Act of 1967, § 25-19-101 et seq. Amended by Act 2023, No. 628,§ 52, eff. 7/1/2023. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-308

Next (a) Disciplinary hearings conducted by the State Board of Appraisers, Abstracters, and Home Inspectors for the purpose of determining whether to levy civil penalties under this subchapter and for the purpose of determining whether to revoke or suspend any registration, license, or certificate issued under this subchapter shall be open public meetings conducted as provided for in the Freedom of Information Act of 1967, § 25-19-101 et seq., unless otherwise superseded by provisions of this subchapter. (b) Upon its own motion or upon written complaint of any person and after notice and hearing as provided by the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the board may suspend or revoke the registration of any home inspector and issue a fine up to one thousand dollars ($1,000) per violation or occurrence or take any other appropriate disciplinary action for: (1) Any violation of the provisions in this subchapter; (2) Falsifying any application for registration or otherwise providing any false information to the board or the Secretary of State; (3) Conviction of any felony listed under § 17-3-102 ; (4) Any actions demonstrating untrustworthiness, incompetence, dishonesty, gross negligence, material misrepresentation, fraud, or unethical conduct in any dealings subject to this subchapter or these rules; (5) Adjudication of insanity; (6) (A) Use of advertising or solicitation that is false, misleading, or is otherwise deemed unprofessional by the board. (B) All advertisements, contracts, correspondence, and other documents utilized by a home inspector shall prominently include the home inspector's name and registration number as registered according to this subchapter; or (7) Habitual or excessive use of intoxicants or illegal drugs. Amended by Act 2023, No. 628,§ 53, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1497, eff. 7/24/2019. Amended by Act 2019, No. 990,§ 57, eff. 7/24/2019. Acts 2003, No. 1328, § 1; 2005, No. 2014, § 2. Previous Next

Ark. Code Ann. § 17-52-309

Next (a) (1) It is unlawful for any person not registered under this subchapter to perform any act for which registration is required. (2) Any person acting as a home inspector within the meaning of this subchapter without a home inspector certificate of registration and any person who violates any other provision of this subchapter shall be guilty of a misdemeanor. (b) (1) Upon application by the State Board of Appraisers, Abstracters, and Home Inspectors, a court may grant an injunction, restraining order, or other order as may be appropriate to enjoin a person from: (A) Offering to engage or engaging in the performance of any acts or practices for which registration is required by this subchapter after a showing that the acts or practices were performed or offered to be performed without a certificate of registration; or (B) Engaging in any practice or business authorized by a certificate of registration issued under this subchapter upon a showing that the holder presents a substantial probability of serious danger to the health, safety, or welfare of any resident of this state or client of the certificate holder. (2) Any person cosigning a home inspection report with a registered home inspector becomes subject to the provisions of this subchapter. (c) Any action brought under this section shall be commenced in the county in which the conduct occurred, in the county in which the defendant resides, or in Pulaski County. (d) Any actions brought under this section shall be in addition to any penalty under this subchapter and may be brought concurrently with other actions to enforce the provisions of this subchapter. Amended by Act 2023, No. 628,§ 54, eff. 7/1/2023. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-310

Next (a) The State Board of Appraisers, Abstracters, and Home Inspectors shall implement requirements for home inspectors to successfully complete continuing education annually as a condition to registration renewal. (b) The board shall: (1) Review the curriculum of continuing education providers; (2) Grant, deny, or revoke approval of those providers as appropriate; and (3) Provide a list of approved providers to all registered home inspectors. (c) All costs or fees for continuing education will be borne by the individual home inspector. (d) The board shall promote continuing education courses in Arkansas. (e) (1) Failure to complete continuing education requirements shall result in suspension of the home inspector's registration. (2) However, the board may waive all or part of the requirements of this section for any registered home inspector who submits satisfactory evidence of his or her inability to meet the continuing education requirements due to debilitating health, hardship, or extenuating circumstances beyond his or her control. Amended by Act 2023, No. 628,§ 55, eff. 7/1/2023. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-311

Next (a) (1) The Executive Director of the State Board of Appraisers, Abstracters, and Home Inspectors shall be the custodian of permanent, official, home inspector registration files and shall maintain permanent records of all home inspector registration applications received since the enactment of this subchapter. (2) The executive director shall maintain the permanent records of the State Board of Appraisers, Abstracters, and Home Inspectors. (b) The executive director shall receive and process applications for initial registration and renewal of registration. Amended by Act 2023, No. 628,§ 56, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5438, eff. 7/1/2019. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-312

Next (a) There is created in the State Treasury a fund to be known as the "Arkansas Home Inspectors Registration Fund". (b) All funds, fees, charges, costs, and collections accruing to or collected under the provisions of this subchapter shall be deposited into the State Treasury to the credit of this fund. (c) The funds shall be used for the purposes as specified in this subchapter. (d) (1) Except as provided in subdivision (d)(2) of this section, effective with the 2003 registration and under the provisions of this subchapter, all funds, fees, charges, costs, and collections accruing to or collected by the Secretary of the Department of Labor and Licensing shall be deposited quarterly into the fund. (2) [Repealed.] (e) The State Board of Appraisers, Abstracters, and Home Inspectors will process disbursements of those funds as necessary in the administration of this subchapter. Amended by Act 2023, No. 628,§ 57, eff. 7/1/2023. Amended by Act 2021, No. 492,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5439, eff. 7/1/2019. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-313

Next (a) (1) The Executive Director of the State Board of Appraisers, Abstracters, and Home Inspectors shall receive, disburse, and account for all income paid to or received by the State Board of Appraisers, Abstracters, and Home Inspectors. (2) The executive director shall institute a system of books and financial records satisfactory to the Secretary of the Department of Finance and Administration. (3) (A) All fees collected on behalf of the board and all receipts of every kind and nature shall be paid into the State Treasury and shall be credited to the Arkansas Home Inspectors Registration Fund. (B) The Arkansas Home Inspectors Registration Fund shall be for the general uses of the board, and out of it shall be paid all salaries and all other expenses necessarily incurred in carrying into effect the provisions of this subchapter. (C) Expenditures from the Arkansas Home Inspectors Registration Fund shall be substantiated by vouchers and itemized statements at the end of each fiscal year or at any other time when demand is made by the Department of Finance and Administration. (4) The executive director shall deposit all funds of the board that he or she receives with the State Treasury within forty-eight (48) hours, excluding holidays and Sundays, after he or she receives the funds. (b) All fines collected for the violation of any provisions of this subchapter shall be paid over to the board to be used by it in the same manner as funds received for the issuance of registration. (c) The total amount of warrants issued by the board or Auditor of State in payment of the expenses and compensation provided in this subchapter shall not exceed the amount of the application, registration, and other fees collected. (d) (1) Any surplus funds at the end of the fiscal year may be retained by the board for future expenditures. (2) The board shall not be required to pay any surplus into the General Revenue Fund Account of the State Apportionment Fund. Amended by Act 2023, No. 628,§ 59, eff. 7/1/2023. Amended by Act 2023, No. 628,§ 58, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 3426, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3425, eff. 7/1/2019. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-314

Next (a) No person shall advertise as a home inspector or undertake or attempt to undertake the conduct of a home inspection in this state without first having complied with this subchapter. (b) No person who is registered under one (1) name as provided in this subchapter shall engage in business as a home inspector under any other name unless the other name is also registered. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-315

Next (a) Any person applying for registration or renewal of registration as a home inspector shall submit to the State Board of Appraisers, Abstracters, and Home Inspectors: (1) An application under oath upon a form to be prescribed by the board; (2) A current certificate of insurance issued by an insurance company licensed or surplus lines approved to do business in this state that states that the applicant has procured general liability insurance in the minimum amount of one hundred thousand dollars ($100,000) and, if applicable, workers' compensation insurance; and (3) The required registration or registration renewal fee with the application. (b) (1) A person applying for registration for the first time shall also submit with the application a certified copy of a document attesting to the successful completion of the competency examination. (2) A person renewing a current registration shall also submit with his or her application a properly completed form that states that the person has satisfactorily completed continuing education requirements for the current year. (3) A person seeking to renew a lapsed, suspended, or otherwise inactive registration shall provide other documents and comply with procedures as may be prescribed by the board. (c) The following persons shall be exempt from any educational requirements for initial registration, but not from the requirements concerning the competency examination: (1) City inspectors certified by the International Code Council; and (2) Contractors who hold a builder's license and have ten (10) years' experience as a contractor. Amended by Act 2023, No. 628,§ 60, eff. 7/1/2023. Amended by Act 2019, No. 990,§ 58, eff. 7/24/2019. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-316

Next (a) (1) The State Board of Appraisers, Abstracters, and Home Inspectors may set registration and renewal fees not to exceed three hundred dollars ($300) per year. (2) The board shall notify the Secretary of the Department of Labor and Licensing of the registration fee for the next year and by June 1 every year thereafter until transferred to the board. (b) All moneys received under this subchapter shall be used to administer this subchapter. (c) The board may make reasonable charges for materials provided by the board and for services performed in connection with providing materials. (d) Other fees authorized to be assessed by the board are: (1) Delinquent renewal fees not to exceed the amount of the renewal fee; (2) Home inspector training or continuing education provider fees as follows: (A) Initial qualifying fees not to exceed two hundred dollars ($200); (B) Annual renewal fees not to exceed two hundred dollars ($200); and (C) Additional course filing fees not to exceed twenty-five dollars ($25.00); (3) Duplicate registration fees not to exceed twenty-five dollars ($25.00); (4) Returned check fees not to exceed twenty-five dollars ($25.00); and (5) Change-of-address fees not to exceed twenty-five dollars ($25.00). Amended by Act 2023, No. 628,§ 61, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5440, eff. 7/1/2019. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-317

Next (a) (1) Certificates of registration shall be issued by the State Board of Appraisers, Abstracters, and Home Inspectors to an applicant after compliance with the registration or renewal requirements of this subchapter. (2) Certificates shall be consecutively numbered. (b) When registration is renewed, that person's registration number shall be perpetuated. (c) Certificates of registration of a home inspector shall be issued for a period of at least one (1) year and shall expire at the end of a period of up to three (3) years, as may be set by the board. (d) Notices of upcoming registration expiration and a reminder to renew shall be mailed to registered home inspectors no more than sixty (60) days and no less than forty-five (45) days before the expiration date of the applicant's registration. Amended by Act 2023, No. 628,§ 62, eff. 7/1/2023. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-318

Next (a) (1) All home inspectors are required to carry general liability insurance. (2) Coverage limits shall be not less than one hundred thousand dollars ($100,000). (b) All policies and certificates shall provide that cancellation or renewal of the policy shall not be effective unless and until at least ten (10) days' notice of cancellation or nonrenewal has been received in writing by the State Board of Appraisers, Abstracters, and Home Inspectors. (c) If the insurance coverage required under this subchapter shall cease to be effective, the insured home inspector shall be required to notify the board in writing, of any lapses in coverage. (d) (1) After notification, the registration of the affected home inspector shall be suspended until the insurance is reinstated or replaced. (2) The suspension shall be noted on the home inspector's listing on the board's internet site. Amended by Act 2023, No. 628,§ 63, eff. 7/1/2023. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-319

Next (a) It is the duty of all home inspectors doing business in the state to conduct home inspections with the degree of care that a reasonably prudent home inspector would exercise. (b) All home inspections conducted for compensation in this state shall be conducted according to the standards of practice and code of ethics set forth by the State Board of Appraisers, Abstracters, and Home Inspectors. (c) If agreed, between the home inspector and his or her client, a home inspection of lesser scope and detail may be conducted. (d) Copies of all standards of practice and code of ethics set forth by the board shall be filed with the Secretary of State and made available at cost to anyone requesting the rules. (e) Nothing in this subchapter shall be construed to allow home inspectors who are not registered as professional architects or engineers to perform any analysis of the systems, components, or structural integrity of a dwelling that would constitute the practice of civil, electrical, or mechanical engineering. Amended by Act 2023, No. 628,§ 64, eff. 7/1/2023. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-320

Next (a) Any cause of action to recover damages suffered by a consumer as a result of any act or omission of a home inspector relating to a home inspection report must be commenced within one (1) year from the date the home inspection report is completed. (b) Disciplinary action taken against a home inspector by the State Board of Appraisers, Abstracters, and Home Inspectors shall not in and of itself be the basis for civil or criminal action. Amended by Act 2023, No. 628,§ 65, eff. 7/1/2023. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-321

Next (a) It is an unfair business practice for a home inspector, a company that employs the home inspector, or a company that has a financial interest in a company employing a home inspector to do any of the following: (1) Perform or offer to perform for an additional fee any repairs to the property on which the home inspector or the home inspector's company has prepared a home inspection report in the past twelve (12) months; (2) Inspect for a fee any property in which the home inspector or the home inspector's company has any financial interest or any interest in the transfer of the property; (3) Offer or deliver any compensation, inducement, or reward to the owner of the inspected property, the broker, or the agent for the referral of any business to the home inspector or the home inspection company; or (4) Accept an engagement to make a home inspection or to prepare a home inspection report in which the employment itself or the fee payable for the home inspection is contingent upon the conclusions in the home inspection report, preestablished findings, or the close of escrow. (b) (1) A home inspection report shall not be used in any manner other than that agreed to in writing by the home inspector and his or her client. (2) Transfer of a home inspection report or portion of a home inspection report to any third party absolves the home inspector and his or her client of any responsibility for liability for claims or adverse actions arising from the use. Acts 2003, No. 1328, § 1. Previous Next

Ark. Code Ann. § 17-52-322

(a) A person who by virtue of his or her employment by a public entity does home inspection work for that agency shall not be required to be registered under this subchapter if the home inspections are conducted: (1) Solely for the benefit of that entity; and (2) For no compensation other than the employee's salary. (b) This subchapter shall not apply to: (1) Any person holding a valid registration, certificate, or license issued by the state if the person's activity is limited to the activity authorized by his or her registration, certificate, or license; (2) A person who inspects his or her own home; or (3) A public entity that inspects its residential units with its own personnel specifically trained for the home inspection. Acts 2003, No. 1328, § 1. Previous

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)