19 CRR-NY 197-5.16NY-CRR
19 CRR-NY 197-5.16
19 CRR-NY 197-5.16
197-5.16 Limitations and exclusions.
(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.
(l) Home inspectors are not required to offer:
(1) to perform work in any trade or profession other than home inspection;
(2) warranties or guarantees of any kind.
(m) Home inspectors are not required to operate:
(1) any system or component that is shut down or otherwise inoperable;
(2) any system or component that does not respond to normal operating controls and shall not be required to dismantle any system or component, except as explicitly required by these standards of practice;
(3) shut off valves or manual stop valves;
(4) any system or component that, in the opinion of the home inspector, is dangerous to the home inspector or other persons, or will result in damage to the residential building, its systems or its components.
(n) Home inspectors are not required to observe:
(1) concealed spaces or components or underground items including, but not limited to, underground storage tanks or other underground indications of their presence, whether abandoned or otherwise;
(2) items that have not been installed;
(3) installed decorative items;
(4) items that are not entered in accordance with section 197-5.15 of this Subpart;
(5) detached structures other than garages and carports.
(o) Home inspectors shall not be required to describe or report on any system or component that is not included in these standards of practice and was not inspected.
(p) Home inspectors shall not be required to move personal property, furniture, equipment, plants, soil, snow, ice or debris.
(q) These standards of practice are not intended to limit home inspectors from excluding systems and components from the home inspection if requested by the client.
19 CRR-NY 197-5.16
Current through October 15, 2021
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