Cal. BPC § 7195 — California Code / Code bpc / Division 3 / Chapter 9.3 / Section 7195
Section 7195
Status: in_force

For purposes of this chapter, the following definitions apply:

(a) (1) “Home inspection” is a noninvasive, physical examination, performed for a fee in connection with a transfer, as defined in subdivision (e), of real property, of the mechanical, electrical, or plumbing systems or the structural and essential components of a residential dwelling of one to four units designed to identify material defects in those systems, structures, and components. “Home inspection” includes any consultation regarding the property that is represented to be a home inspection or any confusingly similar term.

(2) In connection with the transfer, as defined in subdivision (e), of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped, in good repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. This paragraph does not require a determination as to whether a pool safety feature meets the ASTM International and American Society of Mechanical Engineers specifications referenced in Section 115922 of the Health and Safety Code.

(3) “Home inspection,” if requested by the client, may include an inspection of energy efficiency. Energy efficiency items to be inspected may include the following:

(A) A noninvasive inspection of insulation R-values in attics, roofs, walls, floors, and ducts.

(B) The number of window glass panes and frame types.

(C) The heating and cooling equipment and water heating systems.

(D) The age and fuel type of major appliances.

(E) The exhaust and cooling fans.

(F) The type of thermostat and other systems.

(G) The general integrity and potential leakage areas of walls, window areas, doors, and duct systems.

(H) The solar control efficiency of existing windows.

(b) A “material defect” is a condition that significantly affects the value, desirability, habitability, or safety of the dwelling. Style or aesthetics shall not be considered in determining whether a system, structure, or component is defective.

(c) A “home inspection report” is a written report prepared for a fee and issued after a home inspection. The report clearly describes and identifies the inspected systems, structures, or components of the dwelling, any material defects identified, and any recommendations regarding the conditions observed or recommendations for evaluation by appropriate persons. In a dwelling with a pool or spa, the report shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features, and whether those features are in place, in good repair, operable as designed, and, if applicable, appropriately labeled, as required by Section 115922 of the Health and Safety Code. The report shall also include a written statement that a pool isolation fence, as described in Section 115923 of the Health and Safety Code, is the most studied and effective drowning prevention safety feature for preventing a child from accessing a pool or spa unsupervised, according to the American Academy of Pediatrics Policy Statement, “Prevention of Drowning,” published in 2019. This subdivision does not require a determination as to whether a pool safety feature meets the ASTM International and American Society of Mechanical Engineers specifications referenced in Section 115922 of the Health and Safety Code.

(d) A “home inspector” is any individual who performs a home inspection.

(e) “Transfer” is a transfer by sale, exchange, installment land sales contract, as defined in Section 2985 of the Civil Code, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property or residential stock cooperative, improved with or consisting of not less than one nor more than four dwelling units.