58-4502. Definitions.
58-4502
58-4502. Definitions.As used in this act:
(a) (1) "Home inspection" means a non-invasive limited visual examinationof a residential dwelling of not more than four attached units, orany portion thereofdesigned to identify material defects at the time of the inspection of threeor more of thefollowing readily accessible systems and components:
(A) Heating systems;
(B) cooling systems;
(C) electrical systems;
(D) plumbing systems;
(E) structural components;
(F) foundations;
(G) roof coverings;
(H) exterior and interior components; and
(I) any other components and systems that are part of the residentialdwelling and included in the standards of practice followed by the homeinspector.
(2) The term "home inspection" also includes any consultation regarding theproperty that isrepresented to be a home inspection or that is described by any similar term.
(3) The term "home inspection" does not include:
(A) A compliance inspection for any code or governmental regulation;
(B) an examination for the conditions and operation of kitchen-typeappliances, on-site watersupplies or wells, privatewaste systems, the determination of the presence of wood-destroying organismsor pests, or thepresence of fungi, mold, bacteria, asbestos, lead-based paint, gases orconditions of air quality;and
(C) an examination and evaluation of only two or less of the componentslisted insection (a)(1).
(b) "Home inspector" means an individual who performs a home inspection asdefined by this act.
(c) "Home inspection report" means a written report on the results of a homeinspection which isissued for a home inspection. The report shallinclude thefollowing:
(1) A clear identification and description of those systems, structures orcomponents which wereinspected;
(2) a clear identification and description of those systems, structures orcomponents designated tobe inspected under the standards of practice approved by the board andwhich were not inspected, and the reasonwhy they were notinspected;
(3) a clear identification and description of any material defects found tobe in need of repair,including any recommendations for further evaluation; and
(4) a completed pre-inspection agreement.
(d) "Pre-inspection agreement"means a written contract between a customer and a home inspector to do a homeinspection.
(e) "Pre-inspection notice" means a document which shall be provided to acustomerprior to the start of the home inspection. Thepre-inspectionnotice shall contain, at a minimum, the following information:
(1) A clear description of the scope of the home inspection;
(2) a clear description of any limitations on the liability of the homeinspectorfor any errors and omissions which may arise during the home inspection; and
(3) an identification of the standards of practiceapproved by theboard which the home inspector will be following during the home inspection.
(f) "Readily accessible" means available for visual inspection withoutrequiring the moving ofpersonal property, dismantling, destructive measures or actions that wouldlikely involverisk to persons or property.
(g) "Material defect" means any condition thatsignificantly affects the value, habitability or safety of thedwelling. Style, cosmetic defects or aesthetics shall not beconsidered in determining whether a system, structure orcomponent is materially defective.
(h) "Board" means the Kansas home inspectors registrationboard.
(i) "Registrant" means any person registered as a homeinspector under this act.
(j) "Applicant" means any person who is applying forregistration or renewal of registrationunder this act.
History: L. 2008, ch. 171, § 1;L. 2009, ch. 118, § 1; July 1.