New York Codes, Rules and Regulations › Title 19 - DEPARTMENT OF STATE › Chapter V - Division Of Corporations And State Records › Subchapter J - Home Inspectors › Part 197 - Home Inspectors › Subpart 197-5 - Standards Of Practice For Home Inspectors › Section 197-5.16 - Limitations and exclusions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Home inspectors are not required to observe any item that is concealed or not
					 readily accessible to the home inspector. The home inspector is not required to
					 move furniture, personal or stored items; lift floor coverings; move attached
					 wall or ceiling coverings or panels; or perform any test or procedure which
					 could damage or destroy the item being evaluated.
(b) Home inspectors are not required to
					 observe appliances, recreational facilities, alarm systems, intercoms, speaker
					 systems, radio controlled devices, security devices and lawn irrigation
					 systems.
(c) Home inspectors shall
					 not be required to determine the presence or absence of any suspected hazardous
					 substance including but not limited to, latent surface and/or subsurface
					 volatile organic compounds, PCB's, asbestos, urea formaldehyde insulation,
					 toxins, carcinogens, diseases, wood destroying organisms, mold, hazardous
					 plants, illicit drugs or drug making equipment, lead paint, noise or
					 contaminants in soil, water, air quality, wet lands or any other environmental
					 hazard.
(d) Except as otherwise
					 necessary and required by this standards of practice, home inspectors are not
					 required to use special instruments or testing devices, such as amp meters,
					 pressure gauges, moisture meters, gas detectors and similar
					 equipment.
(e) Home inspectors are
					 not required to report on real property, geological, environmental or hazardous
					 waste conditions, manufacturer recalls or conformance of proper manufacturer
					 installation of any component or system, or information contained in consumer
					 protection bulletins. Home inspectors are not required to report upon past or
					 present violations of codes, ordinances or regulations.
(f) Home inspectors are not required to
					 provide an inspection of any condominium common component or system, or to
					 evaluate condominium reserve accounts.
(g) Home inspectors are not required to enter
					 any residential building or area of a building that, in the opinion of the home
					 inspector, is dangerous to the safety of the home inspector or others or that
					 will result in damage to the property, its systems or components.
(h) Home inspectors shall not be required to
					 enter any area or perform any procedure which, in the opinion of the home
					 inspector, may damage the property or its components.
(i) Home inspectors shall not be required to
					 observe any system or component that is not included in this standards of
					 practice.
(j) Home inspections
					 performed in accordance with these standards of practice are not technically
					 exhaustive and are not required to identify concealed conditions, latent
					 defects or consequential damages.
(k) Home inspectors are not required to
					 determine:
(1) conditions of systems or
					 components that are not readily accessible;
(2) the remaining life expectancy of any
					 system or component;
(3) the
					 strength, adequacy, effectiveness or efficiency of any system or
					 component;
(4) the causes of any
					 condition or deficiency;
(5) the
					 methods, materials or costs of corrections;
(6) the future condition of a system or
					 component including, but not limited to, the failure of the system and/or
					 components;
(7) the suitability of
					 the property for any specialized use;
(8) the advisability of purchase of the
					 property;
(9) the presence of
					 potentially hazardous plants or animals including, but not limited to, wood
					 destroying organisms or diseases harmful to humans including molds or mold-like
					 substances;
(10) the presence of
					 any environmental hazard including, but not limited to, toxins, carcinogens,
					 noise, and contaminants in soil, water and air;
(11) the effectiveness of any system
					 installed or method utilized to control or remove suspected hazardous
					 substances;
(12) operating costs of
					 systems of components;
(13)
					 acoustical properties of any system or component;
(14) soil conditions related to geo-technical
					 or hydrologic specialties.