WHAT CAN YOU EXPECT?
NY STATE HAS ADOPTED A HOME INSPECTION
STANDARDS OF PRACTICE AS WELL AS
CODE OF ETHICS
Dependable Home Inspections, LLC graciously welcomes this.
We have always adhered to this Code of Ethics as a mininum standard
We applaude New York State for adopting this.
Please click on the link below for a copy of the code...
DEPENDABLE HOME INSPECTIONS, LLC
718-238-1333
Any Questions E-mail:
NYS License #
16000040467
CODE OF ETHICS
§197-4.1 Fundamental Rules.
(a) Home inspectors shall exhibit honesty and integrity in furtherance
of the honor of the home inspection profession. A home inspection has a
direct and vital impact on the quality of life for all home buyers. In per-
NYS Department of State Division of Licensing Services Home Inspection Professional Licensing / Page 11
forming home inspection services, home inspectors shall adhere to the
highest principles of ethical conduct.
(b) This Code of Ethics and Regulations reflects the current ethical
standards for home inspectors. It is the department’s intention that this
document be a living document and that changes and updates to this Code
of Ethics and Regulations be made as deemed necessary by the department
in consultation with the Home Inspection Council.
(c) Home inspectors shall fully adhere to and comply with the provisions
of Article 12-B of the Real Property Law and all regulations promulgated
thereunder including, but not limited to, this Code of Ethics and
Regulations and the Standards of Practice.
(d) Home Inspectors shall be required to cooperate with investigations
by the Department of State. Each applicant or licensee shall be obligated,
on request of the Secretary of State, to supply such information as may be
required concerning his, her or its business, business practices or business
methods, or proposed business practices or methods.
§197-4.2 Written Contracts.
(a) Prior to performing a home inspection, home inspectors shall provide
a client with a written pre-inspection agreement that clearly and fully
describes the scope of service to be provided and the cost associated with
that service. All said contracts shall contain the following clauses which
shall be printed in type size of not less than six point:
“Home inspectors are licensed by the NYS Department of
State. Home Inspectors may only report on readily accessible
and observed conditions as outlined in this pre-inspection
agreement, Article 12 B of the Real Property Law and the regulations
promulgated thereunder including, but not limited to,
the Code of Ethics and Regulations and the Standards of Practice
as provided in Title 19 NYCRR Subparts 197-4 and 197-5
et seq. Home inspectors are not permitted to provide engineering
or architectural services.”; and
“If immediate threats to health or safety are observed during
the course of the inspection, the client hereby consents to
allow the home inspector to disclose such immediate threats to
health or safety to the property owner and/or occupants of the
property.”
(b) Home inspectors shall discuss the scope of the inspection with the
client and only perform services which have been duly authorized by the
client.
§197-4.3 Non-Disclosure.
Home inspectors shall not disclose to a third party the contents of a
home inspection report or any observations, deductions, opinions that
pertain to a home inspection report without the prior consent of the client
or the client’s representative.
§197-4.4 Unlicensed and Unlawful Activity.
(a) Home inspectors shall not engage in, knowingly permit or aid and
abet, unlicensed or activity that is prohibited by Article 12-B of the Real
Property Law or the regulations promulgated thereunder.
(b) In the event that a client insists upon a home inspector engaging in
unlawful and/or unethical conduct, the home inspector shall, after notice to
the client that such conduct is unlawful or unethical, be permitted to immediately
withdraw from the assignment or contract.
(c) Home inspectors shall not determine property boundary lines or
encroachments, easements or any limitations of use of the property.
(d) Home inspectors shall not determine compliance with regulations,
codes, laws or ordinances.
(e) Home inspectors shall not determine the market value of the property
or its marketability.
§197-4.5 Competence.
(a) Except as provided in section 197-4.6 and 197-5.2(c), home inspectors
shall conduct home inspections in compliance with the Standards of
Practice.
(b) Home inspectors shall not accept or perform services in which the
home inspector knows or has reason to know that he or she is not competent
to perform.
(c) Home inspectors shall not delegate responsibility to another when
the home inspector delegating such responsibility knows or has reason to
know that such person is not a duly licensed home inspector and/or qualified
by training and experience to perform said task.
§197-4.6 Written Reports.
(a) Home inspectors shall provide a written report containing the results
of a home inspection.
(b) Home inspectors shall not willfully make a false report or false or
misleading statements in the context of home inspection activities and/or a
home inspection report.
(c) The home inspection report shall clearly identify the systems and
components of the residential building that were observed. If a home inspector
is providing a home inspection that does not meet the minimum
requirements as set forth in the Standards of Practice, the home inspection
report must describe the scope of work, the services provided, and the
systems and components that were included in and excluded from the
inspection.
§197-4.7 Conflicts of Interest.
(a) The duty of every home inspector shall be to the client. Home inspectors
shall avoid conflicts of interest or activities that compromise their
professional objectivity, or have the potential of creating an appearance
that their professional objectivity has been compromised.
(b) Prior to accepting any home inspection assignment, home inspectors
shall disclose to the potential client all known or potential conflicts of
interest that could influence or appear to influence the home inspector’s
judgment or the quality of the home inspector’s services.
(c) Home inspectors shall not solicit or accept compensation, financial
or otherwise, from more than one interested party for a home inspection
unless the circumstances are fully disclosed to the client and agreed upon
by all interested parties.
(d) Home inspectors shall not solicit or accept an assignment or contract
from a governmental body on which a principal or officer of the
home inspector’s office or organization serves as a member.
(e) Home inspectors shall not directly or indirectly compensate, in any
way, real estate brokers, real estate salespersons, real estate brokerage
companies, lending institutions or any other party or parties that expect to
have a financial interest in closing the transaction, for future referrals of
inspections or for inclusion on a list of recommended inspectors or preferred
providers or any similar arrangement.
(f) Home inspectors shall not accept financial or other consideration,
such as material or equipment, from suppliers for suggesting the use of, or
promoting a specific product in the course of performing a home inspection.
(g) In connection with performing home inspections, home inspectors
shall not accept commissions, fees or other consideration directly or indirectly
from contractors or other persons or entities dealing with clients or
Page 12 / Home Inspection Professional Licensing NYS Department of State Division of Licensing Services
employers of the home inspector in connection with work for which the
inspector is responsible for, or has reported upon.
(h) Home inspectors shall not inspect any residential building in which
said home inspector or relative thereof has a financial interest or any interest
in the transfer thereof, including the receipt of any commission as an
agent.
(i) Home inspectors shall not inspect a home if the home inspector’s
compensation is contingent upon the sale of the home or if compensation
is contingent upon the results of the home inspection.
§197-4.8 Fraud, Misrepresentation and Dishonesty.
Home inspectors shall not engage in fraud, fraudulent activity, misrepresentation
or dishonesty.
§197-4.9 Promotion and Advertising.
(a) Home inspectors shall not advertise in a false, misleading or deceptive
manner.
(b) Home inspectors shall not falsify or misrepresent their experience,
education or qualifications or permit any such misrepresentation by their
employees or associates.
(c) Home inspectors shall not advertise home inspection services as an
engineer or architect or under the heading of engineers, engineering, architects
or architecture in any form of print or electronic media unless the
individual and/or firm is licensed to provide engineering or architectural
services by the New York State Education Department.
(d) Home inspectors shall refrain from making any claim relating to the
quality and effectiveness of services which cannot be substantiated by the
home inspector.
(e) Home inspectors placing or authorizing advertisements shall maintain
or cause to be maintained an exact copy of each advertisement for a
period of one year following the advertisement’s last publication. This
copy shall be made available for inspection, upon request, by the Department
or an authorized representative of the Department.
(f) Nothing herein shall prohibit a home inspector from advertising his
or her services or advertising for the purpose of recruiting employees provided
that no such advertisements shall be misleading or deceptive.
STANDARDS OF PRACTICE
1 Definitions.
(a) Alarm Systems: means installed or freestanding warning devices
including, but not limited to, smoke detectors, carbon monoxide detectors,
flue gas and other spillage detectors and security equipment.
(b) Central Air Conditioning: means a system that uses either ducts to
distribute cooled and/or dehumidified air to more than one room of a residential
building or pipes to distribute chilled water to heat exchangers in
more than one room in a residential building, and which is not plugged
into an electrical convenience outlet.
(c) Component: means a readily accessible and observable aspect of a
system such as a floor or a wall, but not individual pieces such as boards
or nails where many similar pieces make up the component.
(d) Dangerous or Adverse Situations: means situations that pose a
threat of injury to the home inspector including, but not limited to, those
situations in which the home inspector is required to use special protective
clothing or other safety equipment.
(e) Decorative: means a component or part thereof that is ornamental
and not required for the proper operation of the essential systems and
components of a home.
(f) Dismantle: means to take apart or remove any component, device,
or piece of equipment that is bolted, screwed, or fastened and that a homeowner
in the course of normal household maintenance would not dismantle.
(g) Engineering, Practice of: means as that term is defined in Education
Law, title VIII, Article 145, Section 7201.
(h) Engineering Study: means a study requiring engineering services.
(i) Functional Drainage: means the operation of a drain whereby a
drain empties in a reasonable amount of time and does not overflow when
another fixture is drained simultaneously.
(j) Functional Flow: means a reasonable flow at the highest fixture in a
dwelling when another fixture is operated simultaneously.
(k) Further Evaluation: means the examination and analysis by a qualified
professional, tradesman, or service technician beyond that provided
by the home inspection.
(l) Household Appliances: means kitchen and laundry appliances, room
air conditioners, and similar appliances.
(m) Inspect: means to visually examine any system or component of a
building in accordance with these Standards of Practice, using normal
operating controls and opening readily operable access panels.
(n) Installed: means attached or connected such that the installed item
requires tools for removal.
(o) Normal Operating Controls: means homeowner operated devices
such as a thermostat, wall switch, or safety switch.
(p) Observable: means able to be observed at the time of the inspection
without the removal of covering, fixed, finished and or stored materials.
(q) Observe: means the act of making a visual examination.
(r) On-site Water Supply Quantity: means the volume of water that is
available for domestic use.
(s) Operate: means to cause systems or equipment to function.
(t) Primary Windows and Doors: means windows and exterior doors
that are designed to remain in their respective openings year-round.
(u) Readily Accessible: means available for visual inspection without
requiring the home inspector to remove or dismantle any personal property,
use destructive measures, or take any action which will likely involve
risk to persons or property.
(v) Readily Operable Access Panel: means a panel provided for homeowner
inspection and maintenance, which has removable or operable fasteners
or latch devices in order to be lifted, swung open, or otherwise removed
by one person, and its edges and fasteners are not painted in place.
The panel must be within normal reach and not blocked by stored items,
furniture or building components.
(w) Recreational Facilities: means spas, saunas, steam baths, swimming
pools, tennis courts, playground equipment, and other entertainment
or athletic facilities.
(x) Report: means a written document setting forth findings of home
inspection unless otherwise specified in these regulations.
(y) Representative Number: means for multiple identical components
such as windows and electrical outlets, one such component per room. For
multiple identical exterior components this term shall mean one such
component on each side of the building.
NYS Department of State Division of Licensing Services Home Inspection Professional Licensing / Page 13
(z) Roof Drainage Systems: means gutters, down spouts, leaders,
splash blocks, and similar components used to carry water off a roof and
away from a building.
(aa) Safe Access: means access free of any encumbrances, hazardous
materials, health and safety hazards such as climbing and/or standing on
other than the ground and/or floor which may jeopardize the inspector.
(bb) Safety Glazing: means tempered glass, laminated glass or rigid
plastic.
(cc) Shut Down: means a piece of equipment or a system is shut down
when the device or control cannot be operated in a manner that a homeowner
would normally use to operate it. If the safety switch or circuit
breaker is in the "off" position, or the fuse is missing or blown, the inspector
is not required to reestablish the circuit for the purpose of operating the
equipment or system.
(dd) Solid Fuel Heating Device: means any wood, coal, or other similar
organic fuel burning device including, but not limited to, fireplaces whether
masonry or factory built, fireplace inserts and stoves, wood stoves
(room heaters), central furnaces, and any combination of these devices.
(ee) Structural Component: means a component that supports nonvariable
forces or weights (dead loads) and variable forces or weights (live
loads).
(ff) System: means a combination of interacting or interdependent
components, assembled to carry out one or more functions.
(gg) Technically Exhaustive: means an inspection is technically exhaustive
when it involves the extensive use of measurements, instruments,
testing, calculations, and other means to develop scientific or engineering
findings, conclusions, and recommendations.
(hh) Under Floor Crawl Space: means the area within the confines of
the foundation and between the ground and the underside of the lowest
floor structural component.
(ii) Unsafe: means a condition in a readily accessible, installed system
or component, which is judged by the Home Inspector to be of significant
risk of personal injury during normal, day to day use. The risk may be due
to damage, deterioration, improper installation or a change in the accepted
residential construction standard.
(jj) Water Supply Quality: means the quality of a residential building's
water supply based on the bacterial, chemical, mineral, and solids content
of the water.
§197-5.2 Purpose and Scope.
(a) These Standards of Practice establish a minimum and uniform
standard for home inspectors. Home inspections shall be performed in
compliance with these Standards of Practice and shall provide the client
with objective information regarding the condition of the systems and
components of the residential building as observed at the time of the home
inspection.
(b) These Standards of Practice are not intended to limit home inspectors
from including other inspection services or from observing and reporting
upon systems and components not required by these Standards of
Practice.
(c) The home inspection report shall clearly identify the systems and
components of the residential building that were observed. If a home
inspector is providing a home inspection that does not meet the minimum
requirements as set forth in this Standards of Practice, the home inspection
report must describe the scope of work, the services provided and the systems
and components that are included and excluded in the inspection.
§197-5.3 Minimum Requirements.
(a) Home inspectors shall observe and report on readily accessible,
visually observable installed systems and components as set forth in these
Standards of Practice.
(b) Home inspectors shall report on those systems and components
observed that, in the professional opinion of the home inspector, are deficient,
not functioning properly and/or unsafe.
(c) If a home inspector has not observed a particular system or major
component, he or she shall list said item in the inspection report as an item
that was not observed and shall set forth the reasons why said item was not
observed.
§197-5.4 Site Conditions.
(a) Home inspectors shall observe and report the following site conditions:
1. The building perimeter for land grade and water drainage directly
adjacent to the foundation;
2. Trees and vegetation that adversely affect the residential building;
3. Walkways, steps, driveways, patios and retaining walls.
(b) Home inspectors are not required to observe and report on the following
site conditions:
1. Fences and privacy walls;
2. The health and condition of trees, shrubs and other vegetation.
§197-5.5 Structural Systems.
(a) Home inspectors shall observe and report on the following:
1. Any deteriorated and/or damaged structural component including
the building foundation and framing;
2. The floor structure;
3. The wall structure;
4. The ceiling structure;
5. The roof structure.
§197-5.6 Exterior.
(a) Home inspectors shall observe and report on:
1. All exterior walls and coverings, flashing and trim;
2. All exterior doors including garage doors and operators;
3. All attached or adjacent decks, balconies, stoops, steps, porches
and railings;
4. All eaves, soffits and fascias where accessible from the ground
level;
5. All adjacent walkways, patios and driveways on the subject
property;
6. The condition of a representative number of windows.
(b) Home inspectors are not required to observe and report on the following:
1. Screening, shutters, awnings and other seasonal accessories;
2. Fences;
3. Geological and/or soil conditions;
4. Recreational facilities;
5. Out-buildings other than garages and carports;
Page 14 / Home Inspection Professional Licensing NYS Department of State Division of Licensing Services
6. Tennis courts, jetted tubs, hot tubs, swimming pools, saunas and
similar structures that would require specialized knowledge or test
equipment;
7. Erosion control and earth stabilization measures;
8. The operation of security locks, devices or systems;
9. The presence of safety-type glass or the integrity of thermal window
seals or damaged glass.
§197-5.7 Roof Systems.
(a) Home inspectors shall observe and report on readily accessible:
1. Roofing materials and condition;
2. Roof drainage systems;
3. Flashing;
4. Skylights, chimneys and roof penetrations.
(b) The home inspector shall report on the methods used to observe the
roof and other components set forth in this section.
(c) All home inspection reports shall describe the observed condition
and type of roofing materials and shall describe the methods used to observe
the roofing.
(d) Home inspectors are not required to observe and report on:
1. Antennas, lightening arresters or similar attachments;
2. Any flue or chimney interior that is not readily accessible;
3. Other installed accessories.
(e) Home inspectors are not required to operate powered roof ventilators.
(f) Home inspectors are not required to determine the remaining life
expectancy of roof coverings, manufacturers' defects, installation methods
or recalls or to determine the number of roof layers present.
(g) Home inspectors are not required to walk on or access a roof where
to do so could result in damage to the roof or roofing material or endanger
the health and safety of the home inspector.
§197-5.8 Plumbing System.
(a) Home inspectors shall observe and report on the following visibly
and readily accessible components, systems and conditions:
1. Interior water supply and distribution systems including fixtures
and faucets;
2. Drain, waste and vent systems;
3. Water heating equipment and vents and pipes;
4. Fuel storage and fuel distribution systems and components;
5. Drainage sumps, sump pumps, ejector pumps and related piping;
6. Active leaks.
(b) In inspecting plumbing systems and components, home inspectors
shall operate all readily accessible:
1. Fixtures and faucets;
2. Domestic hot water systems;
3. Drain pumps and waste ejectors pumps;
4. The water supply at random locations for functional flow;
5. Waste lines from random sinks, tubs and showers for functional
drainage;
(c) Home inspectors are not required to:
1. Operate any main, branch or fixture valve, except faucets, or to
determine water temperature;
2. Observe and report on any system that is shut down or secured;
3. Observe and report on any plumbing component that is not readily
accessible;
4. Observe and report on any exterior plumbing component or system
or any underground drainage system;
5. Observe and report on fire sprinkler systems;
6. Evaluate the potability of any water supply;
7. Observe and report on water conditioning equipment including
softener and filter systems;
8. Operate freestanding or built in appliances;
9. Observe and report on private water supply systems;
10. Test shower pans, tub and shower surrounds or enclosures for
leakage;
11. Observe and report on gas supply system for materials, installation
or leakage;
12. Evaluate the condition and operation of water wells and related
pressure tanks and pumps; the quality or quantity of water from on-site
water supplies or the condition and operation of on-site sewage disposal
systems such as cesspools, septic tanks, drain fields, related underground
piping, conduit, cisterns and equipment;
13. Observe, operate and report on fixtures and faucets if the flow
end of the faucet is connected to an appliance;
14. Record the location of any visible fuel tank on the inspected
property that is not within or directly adjacent to the structure;
15. Observe and report on any spas, saunas, hot-tubs or jetted tubs;
16. Observe and report on any solar water heating systems.
(d) Home inspections shall describe the water supply, drain, waste and
vent piping materials; the water heating equipment including capacity, and
the energy source and the location of the main water and main fuel shutoff
valves. In preparing a report, home inspectors shall state whether the
water supply and waste disposal systems are a public, private or unknown.
§197-5.9 Electrical System.
(a) Home inspectors shall observe and report upon readily accessible
and observable portions of:
1. Service drop;
2. Service entrance conductors, cables and raceways;
3. The main and branch circuit conductors for property over current
protection and condition by visual observation after removal of the
readily accessible main and sub electric panel covers;
4. Service grounding;
5. Interior components of service panels and sub-panels;
6. A representative number of installed lighting fixtures, switches
and receptacles;
7. A representative number of ground fault circuit interrupters.
(b) Home inspections shall describe readily accessible and observable
portions of:
1. Amperage and voltage rating of the service;
2. The location of main disconnects and sub-panels;
3. The presence of aluminum branch circuit wiring;
4. The presence or absence of smoke detectors and carbon monoxide
detectors;
5. The general condition and type of visible branch circuit conductors
that may constitute a hazard to the occupant or the residential
building by reason of improper use or installation of electrical components.
NYS Department of State Division of Licensing Services Home Inspection Professional Licensing / Page 15
(c) Home inspectors are not required to:
1. Observe and report on remote control devices;
2. Observe and report on alarm systems and components;
3. Observe and report on low voltage wiring systems and components
such as doorbells and intercoms;
4. Observe and report on ancillary wiring systems and components
which are not a part of the primary electrical power distribution system;
5. Insert any tool, probe or testing device into the main or subpanels;
6. Activate electrical systems or branch circuits which are not energized;
7. Operate overload protection devices;
8. Observe and report on low voltage relays, smoke and/or heat detectors,
antennas, electrical de-icing tapes, lawn sprinkler wiring,
swimming pool wiring or any system controlled by timers;
9. Move any object, furniture or appliance to gain access to any
electrical component;
10. Test every switch, receptacle and fixture;
11. Remove switch and outlet cover plates;
12. Observe and report on electrical equipment not readily accessible;
13. Dismantle any electrical device or control;
14. Measure amperage, voltage or impedance;
15. Observe and report on any solar powered electrical component
or any standby emergency generators or components.
§197-5.10 Heating System.
(a) Home inspectors shall:
1. Describe the type of fuel, heating equipment and heating distribution
system;
2. Operate the systems using thermostats;
3. Open readily accessible and operable access panels provided by
the manufacturer or installer for routine homeowner maintenance;
4. Observe and report on the condition of normally operated controls
and components of the systems;
5. Observe and report on visible flue pipes, dampers and related
components for functional operation;
6. Observe and report on the presence of and the condition of a representative
number of heat sources in each habitable space of the residential
building;
7. Observe and report on the operation of fixed supplementary heat units;
8. Observe and report on visible components of vent systems, flues
and chimneys;
(b) Home inspectors are not required to:
1. Activate or operate the heating systems that do not respond to the
thermostats or have been shut down;
2. Observe, evaluate and report on heat exchangers;
3. Observe and report on equipment or remove covers or panels that
are not readily accessible;
4. Dismantle any equipment, controls or gauges;
5. Observe and report on the interior of chimney flues;
6. Observe and report on heating system accessories, such as humidifiers,
air purifiers, motorized dampers and heat reclaimers;
7. Activate heating, heat pump systems or any other system when
ambient temperatures or other circumstances are not conducive to safe
operation or may damage the equipment;
8. Evaluate the type of material contained in insulation and/or
wrapping of pipes, ducts, jackets and boilers;
9. Evaluate the capacity, adequacy or efficiency of a heating or
cooling system;
10. Test or operate gas logs, built-in gas burning appliances, grills,
stoves, space heaters or solar heating devices or systems;
11. Determine clearance to combustibles or adequacy of combustion
air;
12. Test for gas leaks or carbon monoxide;
13. Observe and report on in-floor and in-ceiling radiant heating
systems.
§197-5.11 Air Conditioning Systems.
(a) Home inspectors shall:
1. Observe, describe and report on the type of air conditioning
equipment and air conditioning distribution system;
2. Operate the system using the thermostat;
3. Open a representative number of readily accessible and operable
access panels provided by the manufacturer for routine homeowner
maintenance;
4. Observe and report on the condition of normally operated controls
and components of the system.
(b) Home inspectors are not required to:
1. Activate or operate air conditioning systems that have been shut
down;
2. Observe and report on gas-fired refrigeration systems, evaporative
coolers, or wall or window-mounted air conditioning units;
3. Check the pressure of the system coolant or determine the presence
of leakage;
4. Evaluate the capacity, efficiency or adequacy of the system;
5. Operate equipment or systems if exterior temperature is below 65
degrees Fahrenheit or when other circumstances are not conducive to
safe operation or may damage equipment;
6. Remove covers or panels that are not readily accessible or that
are not part of routine homeowner maintenance;
7. Dismantle any equipment, controls or gauges;
8. Check the electrical current drawn by the unit;
9. Observe and report on electronic air filters.
§197-5.12 Interior.
(a) Home inspectors shall:
1. Observe and report on the material and general condition of
walls, ceilings and floors;
2. Observe and report on steps, stairways and railings;
3. Observe, operate and report on garage doors, garage door safety
devices and garage door operators;
4. Where visible and readily accessible, observe and report on the
bath and/or kitchen vent fan ducting to determine if it exhausts to the
exterior of the residential building;
5. Observe, operate and report on a representative number of primary
windows and interior doors;
6. Observe and report on visible signs of water penetration.
Page 16 / Home Inspection Professional Licensing NYS Department of State Division of Licensing Services
(b) Home inspectors are not required to:
1. Ignite fires in a fireplace or stove to determine the adequacy of
draft, perform a chimney smoke test or observe any solid fuel device in
use;
2. Evaluate the installation or adequacy of inserts, wood burning
stoves or other modifications to a fireplace, stove or chimney;
3. Determine clearance to combustibles in concealed areas;
4. Observe and report on paint, wallpaper or other finish treatments;
5. Observe and report on window treatments;
6. Observe and report on central vacuum systems;
7. Observe and report on household appliances;
8. Observe and report on recreational facilities;
9. Observe and report on lifts, elevators, dumbwaiters or similar
devices.
§197-5.13 Insulation and Ventilation.
(a) Home inspectors shall:
1. Observe, describe and report on insulation in accessible, visible
unfinished spaces;
2. Observe, describe and report on ventilation of accessible attics
and foundation areas;
3. Observe and report on mechanical ventilation systems in visible
accessible areas.
(b) Home inspectors are not required to:
1. Disturb insulation;
2. Operate mechanical ventilation systems when weather or other
conditions are not conducive to safe operation or may damage the
equipment.
§197-5.14 Fireplaces.
(a) Home inspectors shall:
1. Observe and report on visible and accessible system components;
2. Observe and report on visible and accessible chimneys and vents;
3. Observe and report on chimney caps;
4. Observe and report on fireplaces and solid fuel burning appliances;
5. Observe and report on chimneys;
6. Observe, operate and report on accessible fireplace dampers.
(b) Home inspectors are not required to:
1. Observe and report on the interiors of flues or chimneys;
2. Observe and report on fire screens and doors;
3. Observe and report on automatic fuel feed devices;
4. Observe and report on mantles and fireplace surrounds;
5. Observe and report on combustion make-up air devices;
6. Observe and report on heat distribution assists;
7. Ignite or extinguish fires;
8. Determine draft characteristics;
9. Move fireplace inserts and stoves or firebox contents.
§197-5.15 Attics.
(a) Home inspectors shall observe and report on any safe and readily
accessible attic space describing:
1. The method of observation used; and
2. Conditions observed.
(b) Home inspectors are not required to enter any attic where no walkable
floor is present or where entry would, in the opinion of the home
inspector, be unsafe.
§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;
NYS Department of State Division of Licensing Services Home Inspection Professional Licensing / Page 17
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 subdivision 15 of
this section;
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.
