HB 3089

                                 SECOND REGULAR SESSION
                    HOUSE BILL NO. 3089
                           103RD GENERAL ASSEMBLY
                          INTRODUCED BY REPRESENTATIVE WARWICK.
 6255H.01I  JOSEPH ENGLER, Chief Clerk
                                            AN ACT
 To amend chapter 436, RSMo, by adding thereto one new section relating to third-party home
       inspections.
 Be it enacted by the General Assembly of the state of Missouri, as follows:
         Section A. Chapter 436, RSMo, is amended by adding thereto one new section, to be
2 known as section 436.346, to read as follows:
         436.346. 1. As used in this section, unless the context clearly requires otherwise,
2 the following terms mean:
3(1) "Conflict of interest":
4(a) An employment or other affiliation with, or financial interest in, the
5 individual, firm, or corporation engaged in the home or residential unit to be inspected
6 or examined; or
7(b) A relationship with a family member or other individual in the home or
8 residential unit, or inspection that could create an appearance of impropriety;
9(2) "Home inspection", an inspection of a residential unit and its attached
10 carports and garages and the operation of the building's systems by using the controls
11 normally operated by the owner;
12(3) "Home inspection report", a written report prepared for a fee and issued by
13 a home inspector to document the results of a home inspection;
14(4) "Political subdivision", any county, city, town, or village in the state of
15 Missouri;
16(5) "Residential unit", any dwelling from one to four units in design intended
17 principally for residential purposes by one or more persons;
 EXPLANATION — 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.
HB 3089  2
18(6) "Third-party home inspector", a person who engages in the business of
19 performing home inspections for compensation and who in the pursuit of that business
20 offers to inspect or inspects the condition of a residential unit.
212. A third-party home inspector shall not conduct a home inspection of a
22 residential unit if the third-party inspector has a conflict of interest, as such term is
23 defined in subsection 1 of this section.
243. A third-party home inspector shall disclose in his or her home inspection
25 report the specific building code standards that were used to conduct the home
26 inspection. The building code standards shall be in compliance with the building code
27 standards adopted by a political subdivision. A third-party home inspector shall include
28 a statement in the home inspection report stating either that no deficiencies of the
29 applicable building code or codes were identified or, if deficiencies were identified, the
30 report shall list all deficiencies of the applicable building code or codes.
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