Sec 32-122.02. Certification of home inspectors; insurance

A. An applicant for certification as a home inspector shall:

1. Be at least eighteen years of age.

2. Be of good moral character and repute.

3. Have passed within two years preceding application, or within five years preceding application if the application is made by December 31, 2002, a written examination that is approved by the board and that meets the competency standards recommended by the home inspector rules and standards committee and adopted by the board.

4. Have passed a course of study and a home inspector-in-training program that meets the standards recommended by the home inspector rules and standards committee and approved by the board.

5. Pay a fee as determined by the board and shall submit a full set of fingerprints to the board for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation. Any documents and information relating to the state and federal criminal records check required by this section are not public records.

6. Not have had a certificate denied or revoked pursuant to this chapter within one year immediately preceding the application.

7. Have received an absolute discharge from sentence at least five years before the application if the person has been convicted of one or more felonies, provided the board determines the applicant is of good moral character and repute.

8. Provide evidence of the applicant's ability to obtain financial assurance as provided by subsection B of this section.

B. Within sixty days after certification, a home inspector certified pursuant to this chapter shall file one of the following financial assurances pursuant to rules recommended by the home inspector rules and standards committee and adopted by the board:

1. Errors and omissions insurance for negligent acts committed in the course of a home inspection in an amount of two hundred thousand dollars in the aggregate and one hundred thousand dollars per occurrence.

2. A bond in the amount of twenty-five thousand dollars or proof that minimum net assets have a value of at least twenty-five thousand dollars.

3. A financial assurance mechanism with a value of at least twenty-five thousand dollars recommended by the home inspector rules and standards committee and approved by the board.

C. If a home inspector loses or otherwise fails to maintain a required financial assurance the certification shall be automatically suspended and shall be reinstated if a financial assurance is obtained within ninety days. If a financial assurance is not obtained within ninety days the certification shall be automatically revoked.

D. A home inspector is subject to this chapter and rules adopted pursuant to this chapter.