Ark. Code Ann. § 17-52-301 Title.
This subchapter shall be known and may be cited as the “Arkansas Home Inspectors Registration Act”.
Home Inspectors
Ark. Code Ann. tit. 17, ch. 52
in effectArk. Code Ann. § 17-52-302 Purpose and intent.
(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.
Ark. Code Ann. § 17-52-303 Definitions.
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 a structure consisting of at least one (1) but no more than four (4) units designed for occupancy by a single family that is occupied or unoccupied.
Ark. Code Ann. § 17-52-306 Powers and duties of board.
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) Develop competency exams for home inspectors;
(7) Establish a standard of practice and code of ethics for home inspectors;
(8) 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;
(9) Maintain working files as it deems necessary;
(10)(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;
(11) Establish and maintain a website devoted to home inspection registration and related subjects; and
(12) 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.
Ark. Code Ann. § 17-52-307 Hearings – Review – Access to records.
(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) 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.
Ark. Code Ann. § 17-52-308 Complaints and disciplinary procedures.
(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.
Ark. Code Ann. § 17-52-309 Violation of law — Civil penalties, injunctions, and venue.
(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.
Ark. Code Ann. § 17-52-310 Continuing education.
(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 may 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.
Ark. Code Ann. § 17-52-311 Custodian of records.
(a)(1) The Director of the State Board of Appraisers, Abstracters, and Home Inspectors shall be the custodian of permanent, official, home inspector registration files .
(2) The director shall maintain the permanent records of the State Board of Appraisers, Abstracters, and Home Inspectors.
(b) The director shall receive and process applications for initial registration and renewal of registration.
Ark. Code Ann. § 17-52-314 Registration.
(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.
Ark. Code Ann. § 17-52-315 Application for registration.
(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 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.
Ark. Code Ann. § 17-52-316 Fees and reimbursements.
(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) Late fees not to exceed the amount of the renewal fee for one year; and
(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) .
Ark. Code Ann. § 17-52-317 Certificates of registration.
(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 expire annually on December 31.
(d) Notices of upcoming registration expiration and a reminder to renew shall be mailed or emailed 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.
Ark. Code Ann. § 17-52-318 Insurance.
(a)(1) A home inspector is required to carry a professional liability insurance policy or an errors and omissions insurance policy approved by the State Insurance Department for the home inspections performed by the home inspector.
(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.
Ark. Code Ann. § 17-52-319 Standards of care.
(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.
Ark. Code Ann. § 17-52-320 Limitations.
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.
Ark. Code Ann. § 17-52-321 Unfair practices.
(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.
Ark. Code Ann. § 17-52-322 Exemptions.
(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.
Source: Public.Resource.Org / UniCourt, Official Code of Arkansas Annotated, Release 78 (2020) (unicourt.github.io/cic-code-ar)URL: https://unicourt.github.io/cic-code-ar/transforms/ar/ocar/r78/gov.ar.code.title.17.htmlFetched: 11/8/2026