Home Inspection The Basics Part 3 - Standards of Practice ... · 468.83 Purpose o 468.83 Home inspection services licensing program; purpose.— o (1) There is created within the

Home Inspection – The Basics

Part 3 - Standards of Practice – (1hr)

Part 3 of a 3 Part 5-Hour CE Package

CILB: 0610043 Gen - Architects: - 9878256 (H/S/W) ECLB: 0800897 (B),

Inspectors: Reciprocity (Gen) - Miami-Dade: 022-079 Engineers: Provider

#0003342 – (AOP) - Home Inspectors: 00000332 (Gen)

Objective

o The objective of this one hour section is to

increase understanding of the key statutory

responsibilities and standards of practice

established by both:

Florida Statutes for home inspection

(F.S. 468.83 – 468.8325), and

Florida Administrative Code, Rule 61-30.801

as they apply to the practice of Home Inspection

Home Inspection

o HOME INSPECTION

“Associations to Profession”

Statutory Requirements

o Florida Statutes

o Title XXXII Regulation of Professions and

Occupations

o Chapter 468 Miscellaneous Professions and

Occupations

o Part XV Home Inspectors

o F.S. 468.83 - 468.8325

F.S 468.83 – 468.8325 Contents

o Part XV Home Inspectors

o Contents

o 468.83 Home inspection

services licensing program;

purpose.

o 468.831 Exemptions.

o 468.8311 Definitions.

o 468.8312 Fees.

o 468.8313 Examinations.

o 468.8314 Licensure.

o 468.8315 Renewal of license.

o 468.8316 Continuing

education.

o 468.8317 Inactive license.

o 468.8318 Certification of

corporations and partnerships.

o 468.8319 Prohibitions;

penalties.

o 468.832 Disciplinary

proceedings

o 468.8321 Disclosures.

o 468.8322 Insurance.

o 468.8323 Home inspection

report.

o 468.8324 Grandfather clause.

o 468.8325 Rulemaking

authority.

The next slides will highlight only selected sections of Part XV. However, it is

advisable for home inspectors to be knowledgeable of all Part XV statutes.

468.83 Purpose

o 468.83 Home inspection services licensing program;

purpose.—

o (1) There is created within the department the home

inspection services licensing program.

o (2) The Legislature recognizes that there is a need to

require the licensing of home inspectors and to ensure

that consumers of home inspection services can rely on

the competence of home inspectors, as determined by

educational and experience requirements and testing.

Therefore, the Legislature deems it necessary in the

interest of the public welfare to regulate home inspectors

in this state.

468.831 Exemptions

o 468.831 Exemptions.—The following persons

are not required to comply with any provision of

this part:

o (1) An authorized government employee of the

United States, this state, or any municipality,

county, or other political subdivision who is

conducting home inspection services within the

scope of that employment, as long as the

employee does not hold out for hire to the

general public or otherwise engage in home

inspection services.

468.831 Exemptions (cont’d.)

o 468.831 Exemptions.—The following persons

are not required to comply with any provision of

this part:

o (2) A person acting within his or her authorized

scope of practice as licensed under federal,

state, or local codes or statutes, except when

such person holds himself or herself out for hire

to the public as a “certified home inspector,”

“registered home inspector,” “licensed home

inspector,” “home inspector,” “professional home

inspector,” or any combination thereof stating or

implying licensure under this part.

468.831 Exemptions (cont’d.)

o 468.831 Exemptions.—The following persons are not

required to comply with any provision of this part:

o (3) An officer appointed by the court.

o (4) A person performing safety inspections of utility

equipment in or on a home or building or other duties

conducted by or for a utility under chapter 366 or rules

adopted by the Public Service Commission.

o (5) A certified energy auditor performing an energy audit

of any home or building or other duties conducted by or

for a utility under chapter 366 or rules adopted by the

Public Service Commission.

468.8311 Definitions

o 468.8311 Definitions.—As used in this part, the term:

o (1) “Department” means the Department of Business and

Professional Regulation.

o (2) “Home” means any residential real property, or

manufactured or modular home, which is a single-family

dwelling, duplex, triplex, quadruplex, condominium unit,

or cooperative unit. The term does not include the

common areas of condominiums or cooperatives.

Note: While a CILB residential contractor can only construct up

to and including a triplex, this definition goes beyond that to

allows inspection of quadruplexes and condominiums which by

certain other statutory definitions and Florida Building Code is

considered “commercial”

468.8311 Definitions (cont’d.)

o 468.8311 Definitions.—As used in this part, the term:

o (3) “Home inspector” means any person who provides or

offers to provide home inspection services for a fee or

other compensation.

o (4) “Home inspection services” means a limited visual

examination of the following readily accessible installed

systems and components of a home: the structure,

electrical system, HVAC system, roof covering, plumbing

system, interior components, exterior components, and

site conditions that affect the structure, for the purposes

of providing a written professional opinion of the

condition of the home.

468.8313 Examinations

o 468.8313 Examinations.—

o (1) A person desiring to be licensed as a home inspector must

apply to the department after he or she satisfies the

examination requirements of this part.

o (2) An applicant may practice in this state as a home inspector

if he or she passes the required examination, is of good moral

character, and completes a course of study of at least 120

hours that covers all of the following components of a home:

structure, electrical system, HVAC system, roof covering,

plumbing system, interior components, exterior components,

and site conditions that affect the structure…

o (5)(a) “Good moral character” means a personal history of

honesty, fairness, and respect for the rights of others and for

the laws of this state and nation.

468.8316 Continuing Education

o 468.8316 Continuing education.—

o (1) The department may not renew a license until the licensee

submits proof satisfactory to the department that during the 2 years

before application for renewal the licensee completed at least 14

hours of continuing education. Of the 14 hours, at least 2 hours must

be in hurricane mitigation training that includes hurricane mitigation

techniques and compliance with the uniform mitigation verification

inspection form developed under s. 627.711(2). The department

shall adopt rules establishing criteria for approving continuing

education providers and courses.

o (2) The department may prescribe by rule additional continuing

professional education hours, not to exceed 25 percent of the total

hours required, for failure to complete the hours required for renewal

by the end of the reestablishment period.

468.8318 Certification of Corporations &

Partnerships

o 468.8318 Certification of corporations and partnerships.

o The practice of or the offer to practice home inspection services by

licensees through a corporation or partnership offering home

inspection services to the public, or by a corporation or partnership

offering such services to the public through licensees under this part

as agents, employees, officers, or partners, is permitted subject to

the provisions of this part, provided that all personnel of the

corporation or partnership who act in its behalf as home inspectors

in this state are licensed as provided by this part. Nothing in this

section shall be construed to allow a corporation to hold a license to

practice home inspection services.

o No corporation or partnership shall be relieved of responsibility for

the conduct or acts of its agents, employees, or officers by reason of

its compliance with this section, nor shall any individual practicing

home inspection services be relieved of responsibility for

professional services performed by reason of his or her employment

or relationship with a corporation or partnership.

468.8319 Prohibitions; Penalties

o 468.8319 Prohibitions; penalties.-

o (1) A person may not:

(a) Effective July 1, 2011, practice or offer to practice

home inspection services unless the person has

complied with the provisions of this part.

(b) Effective July 1, 2011, use the name or title

“certified home inspector,” “registered home

inspector,” “licensed home inspector,” “home

inspector,” “professional home inspector,” or any

combination thereof unless the person has complied

with the provisions of this part.

(c) Present as his or her own the license of another.

468.8319 Prohibitions; Penalties (cont’d.)



(d) Knowingly give false or forged evidence to the

department or an employee thereof.

(e) Use or attempt to use a license that has been

suspended or revoked.

(f) Perform or offer to perform any repairs to a home

on which the inspector or the inspector’s company

has prepared a home inspection report. This

paragraph does not apply to a home warranty

company that is affiliated with or retains a home

inspector to perform repairs pursuant to a claim made

under a home warranty contract.




(g) Inspect any property in which the inspector or the inspector’s

company has any financial or transfer interest.

(h) Offer or deliver any compensation, inducement, or reward to

any broker or agent therefor for the referral of the owner of the

inspected property to the inspector or the inspection company.

(i) Accept an engagement to make an omission or prepare a

report in which the inspection itself, or the fee payable for the

inspection, is contingent upon either the conclusions in the

report, preestablished findings, or the close of escrow.



o (2) Any person who is found to be in violation of any provision

of this section commits a misdemeanor of the first degree,

punishable as provided in s. 775.082 or s. 775.083.

775.082 Penalties

(4) A person who has been convicted of a designated misdemeanor

may be sentenced as follows:

(a) For a misdemeanor of the first degree, by a definite term of

imprisonment not exceeding 1 year;

775.083 Fines

(1)…Fines for designated crimes and for noncriminal violations shall

not exceed:

(d) $1,000, when the conviction is of a misdemeanor of the first degree.

468.8321 Disclosures

o 468.8321 Disclosures.—

o Prior to contracting for or commencing a home

inspection, a home inspector shall provide to the

consumer a copy of his or her license to practice home

inspection services in this state and a written disclosure

that contains the scope and any exclusions of the home

inspection.

Question: If a General Contractor (GC) is performing a property

condition inspection and evaluation under the licensure

exemption, must he or she provide these disclosures?

Answer: No, because the GC is operating as a GC under his

scope of licensure. General contractors can perform property

condition reports as long as they do not hold themselves out as

a "Home Inspector" and thus they are not bound by the same

disclosure rules.

468.8322 Insurance

o 468.8322 Insurance.

o A home inspector shall maintain a commercial

general liability insurance policy in an amount of

not less than $300,000.

468.8323 Inspection Report

o 468.8323 Home inspection report.-

o Upon completion of each home inspection for

compensation, the home inspector shall provide

a written report prepared for the client.

o (1) The home inspector shall report:

(a) On those systems and components inspected that,

in the professional opinion of the inspector, are

significantly deficient or are near the end of their

service lives.

468.8323 Inspection Report (cont’d.)

o 468.8323 Home inspection report.-

o (1) The home inspector shall report: (cont’d.)

(b) If not self-evident, a reason why the system or

component reported under paragraph (a) is

significantly deficient or near the end of its service life.

(c) Any systems and components that were present at

the time of the inspection but were not inspected, and

a reason they were not inspected.

o (2) A home inspector is not required to provide

estimates related to the cost of repair of an

inspected property.

Florida Administrative Code

o F.A.C. 61-30 Standards of Practice

o Rules Relating to the Home Inspector Profession

Standards of Practice,

61-30.801 General

61-30.802 Structure

61-30.803 Electrical Systems

61-30.804 HVAC Systems

61-30.805 Roof Covering

61-30.806 Plumbing System

61-30.807 Interior Components

61-30.810 Exterior Components

61-30.811 Site Conditions that Affect the Structure

The purpose of these

Standards of Practice is to

establish a standard for

home inspectors licensed

under Chapter 468 Section

XV of the Florida Statutes.

61-30.801 General Requirements

o 61-30.801 Standards of Practice, General.

o (1) Home inspections performed to these Standards of

Practice are intended to provide the client with

information regarding the overall condition of installed

systems and components of the home based on

observation of the visible and apparent condition of the

structure and components at the time of the home

inspection and to report on those systems and

components inspected that, in the professional opinion of

the inspector, are significantly deficient or at the end of

their service lives. A home inspection does not include

the prediction of future conditions.

61-30.801 General Requirements (cont’d.)

o 61-30.801 Standards of Practice, General (cont’d.)

o (2) These standards shall not be construed as limiting

the scope of the inspection process in those areas where

the inspector is qualified and/or has special knowledge.

o (3) The inspector shall inspect readily accessible,

installed systems and components of homes listed in

these Standards of Practice by using normal operating

controls and opening readily operable access panels.

Where multiple instances of the same component exist,

a representative number shall be inspected.


o 61-30.801 Standards of Practice, General (cont’d.)

o (4) The inspector shall inspect and report as required by

FS 468.8323 when required by these standards,

systems or components by their type and/or significant

characteristics.

o (5) If not self-evident to the client at the time of

inspection, the inspector shall give a reason why, in his

or her opinion, the system or component was reported

as significantly deficient or near the end of its service life.

o (6) The inspector shall make recommendations for

correction and/or monitoring, or further evaluation of the

deficiencies that the inspector observed.


o 61-30.801 Standards of Practice, General

(cont’d.)

o (7) These Standards of Practice do not limit

inspectors from:

(a) Including other inspection services, in addition to

those required by these Standards of Practice;

(b) Specifying repairs, provided the inspector is

appropriately qualified;

(c) Excluding systems and components from the

inspection if agreed upon in writing by the inspector

and client.

Rulemaking Authority 468.8325 FS. Law Implemented 468.8323, 468.832(1)(j)

FS. History‒New 10-22-13.

61-30.802 Structure

o 61-30.802 Standards of Practice, Structure

o Structural systems and components include the following:

o (a) Foundation

o (b) Floor structure

o (c) Wall structure

o (d) Ceiling structure

o (e) Roof structure

o (f) Posts

o (g) Beams

o (h) Columns

o (j) Joists

o (l) Rafters

o (m) Other framing, and

o (n) Ventilation of foundation areas.

61-30.802 Structure (cont’d)

o 61-30.802 Standards of Practice, Structure

(cont’d.)

o (2) The inspector shall inspect all of the visible

structural systems and components by probing

structural components where deterioration is

visible or suspected or where clear indications of

possible deterioration exist. Probing is not

required when, in the opinion of the inspector,

probing would only further damage any area

already identified as defective or where no

deterioration is visible or presumed to exist.

61-30.802 Structure (cont’d)

o 61-30.802 Standards of Practice, Structure (cont’d.)

o (3) The inspector is not required to enter or traverse any under-floor

crawl space or attic, if in the opinion of the inspector:

(a) An unsafe or unsanitary condition exists;

(b) Enter areas in which inadequate clearance exists to allow the

inspector safe entry or traversing;

(c) The potential exists to cause damage to insulation, ductwork, other

components or stored items.

o (4) The inspector is not required to provide any engineering or

architectural services or offer an opinion as to the adequacy of any

structural system or component.



61-30.803 Electrical

o 61-30.803 Standards of Practice, Electrical Systems.

o (1) Electrical systems and components include the following:

(a) Service entrance conductors, drip loop, cables, and raceways;

(b) Main service equipment and main disconnects;

(c) Service grounding;

(d) Interior components of main service panels and sub panels;

(e) Conductors;

(f) Over current protection devices;

(g) Readily accessible installed lighting fixtures, switches, and receptacles;

(h) Ground fault circuit interrupters;

(i) Amperage and voltage rating of electrical service;

(j) Main disconnect(s);

(k) Methods or types of wiring;

(l) Smoke detectors;

(m) Carbon monoxide detectors;

(n) Arc fault circuit interrupters.


o 61-30.803 Standards of Practice, Electrical Systems.

o (2) The inspector shall inspect all of the visible and

readily accessible electrical systems and components.

o (3) The inspector is not required to inspect:

(a) Remote control devices;

(b) Security alarm systems and components;

(c) Low voltage wiring, systems and components, ancillary wiring

and systems and components not a part of the primary electrical

power distribution system;

(d) Generators, photovoltaic solar collectors or battery or

electrical storage devices and associated equipment.


o 61-30.803 Standards of Practice, Electrical

Systems.

o (4) The inspector is not required to:

(a) Measure amperage, voltage or impedance;

(b) Perform a load calculation;

(c) Insert any tool, probe, or device into any electrical

component;

(d) Determine the accuracy of circuit labeling.



61-30.804 HVAC

o 61-30.804 Standards of Practice, HVAC Systems.

o (1) HVAC systems and components include heating and air

conditioning systems and components and HVAC distribution

systems and components.

o (2) Heating and air conditioning systems and components.

(a) The heating and air conditioning (HVAC) systems and components

include the following:

1. Installed heating equipment;

2. Fuel storage and fuel distribution systems;

3. Vent systems, flues, and chimneys;

4. Ductwork and air distribution components;

5. Mechanical ventilation systems;

6. Heating system energy source(s);

7. Heating system capacity in BTUs or kilowatts.

61-30.804 HVAC (cont’d.)

o Standards of Practice, HVAC Systems. (cont’d.)

o (2) Heating and air conditioning systems and

components.

(b) The inspector shall inspect all readily accessible heating and

air conditioning systems and components.

(c) The inspector is not required to inspect:

1. Interiors of flues or chimneys which are not readily

accessible;

2. Heat exchangers;

3. Humidifiers or dehumidifiers;

4. Electronic air filters, sanitizers, or UV lights;

5. Solar space heating systems;

6. Internal components such as coils and pans.

61-30.804 HVAC (cont’d.)


o (3) HVAC distribution systems and components.

(a) The heating and air conditioning (HVAC)

distribution systems and components include the

following:

1. Energy source;

2. Cooling method by its distinguishing characteristics;

3. The presence of condensate over flow

warning/shutoff devices.

(b) The inspector shall inspect readily accessible

HVAC distribution systems.

61-30.804 HVAC (cont’d.)


o (3) HVAC distribution systems and components.

(cont’d.)

(c) With regards to HVAC distribution systems, the

inspector is not required to inspect:

1. Electronic air filters, sanitizers, or UV lights;

2. Humidistats;

3. Automatic HVAC zoned systems, dampers, controls,

that are not readily accessible;

61-30.804 HVAC (cont’d.)


o 4. Removable window air conditioning systems.

(3) The inspector is not required to:

(a) Determine heat supply adequacy or distribution balance;

(b) Operate heat pump systems when ambient temperatures

pose the potential for damage to the air conditioning system;

(c) Determine cooling supply adequacy, distribution balance

or indoor air quality;

(d) Operate the air conditioning system when ambient

temperatures pose the potential for damage to the air

conditioning system.




o 61-30.805 Standards of Practice, Roof covering.

o Roof covering systems and components include the

following:

(a) Roofing materials;

(b) Flashings;

(c) Skylights, chimneys, and roof penetrations;

(d) Roof drainage systems;

(e) Ventilation of attics; and

(f) Insulation of attics.


readily accessible roof covering systems and

components.




o (a) Components or systems that are not readily

accessible.

o (b) Antenna or other installed accessories.

o (c ) Interiors of flues or chimneys which are not readily

accessible.

o (4) The inspector is not required to walk on the roof

surface when, in the opinion of the inspector, the

following conditions exist:

o (a) Roof slope is excessive to safely walk on.

o (b) There is no safe access to the roof.



o (4) The inspector is not required to walk on the roof surface when, in

the opinion of the inspector, the following conditions exist:

o (a) Roof slope is excessive to safely walk on.

o (b) There is no safe access to the roof.

o (c ) The climate conditions render the roof unsafe to walk on.

o (d) The condition of the roofing material or roof decking renders the

roof unsafe to walk on.

o (e) Walking on the roof may cause damage o the roofing material.

o (f) Walking will place any liability or danger to the homeowner or

other representatives involved in the home inspection process.

o (5) The inspector is not required to disturb insulation.



61-30.806 Plumbing System

o 61-30.806 Standards of Practice, Plumbing System.

o Plumbing systems and components include the

following:

(a)Interior water supply piping and distribution systems including

all fixtures, faucets, and components;

(b) Drain, waste and vent systems, including all plumbing

fixtures;

(c) Plumbing related vent systems, flues, and chimneys;

(d) Drainage sumps, sump pumps, and related piping;

(e) Materials used for water supply, drain, waste, and vent

piping;

(f) Water heating equipment including the energy source;

(g) Main water and main fuel shut-off valves.

61-30.806 Plumbing System (cont’d.)



readily accessible plumbing systems and components.


(a) Wells or water storage related equipment;

(b) Water conditioning systems;

(c) Solar water heating systems;

(d) Fire sprinkler systems;

(e) Private waste disposal systems;

(f) Irrigation system(s).

61-30.806 Plumbing System (cont’d.)


(cont’d.)


(a) Test shower pans, tub and shower surround for leakage;

(b) Operate safety valves or shut-off valves;

(c) Determine whether water supply and waste disposal systems

are public or private;

(d) Determine the quantity or quality of the water supply, or if the

function flow at the time of the inspection or thereafter will meet

the client’s needs.



61-30.807 Interior Components

o 61-30.807 Standards of Practice, Interior Components.

o The interior components that shall be inspected include

the following:

(a) Interior walls, ceilings, and floors;

(b) Steps, stairways, and railings;

(c) Countertops and representative number of installed cabinets;

(d) Garage doors;

(e) Interior and exterior doors and windows and their operating

locks and latches or other opening mechanisms;

(f) Insulation and vapor retarders in unfinished spaces;

(g) Fireplaces and solid fuel burning appliances;

(h) Vent systems, flues, and chimneys;

(i) Household appliances.

61-30.807 Interior Components (cont’d.)

o 61-30.807 Standards of Practice, Interior Components. (cont’d.)

o (2) The inspector shall inspect all of the visible and readily

accessible interior components.

o When inspecting doors and windows, the inspector may inspect a

representative number of doors and windows.

o The inspector shall inspect household appliances for normal

operation – using normal operating controls to activate a primary

function.

o Inspectors will not operate systems or appliances with owners’

belongings, or if there is a risk to the property being inspected.

o Inspectors will first review the system to be operated and use

professional judgment as to whether it is safe to operate using

normal operating controls and report accordingly.




(a) Paint, wallpaper, window treatments, and other specialty finish

treatments;

(b) Carpeting;

(c) Window treatments;

(d) Central vacuum systems;

(e) Recreational facilities;

(f) Fire screens and doors, if not permanently attached;

(g) Seals and gaskets on fireplaces;

(h) Automatic fuel feed devices;

(i) Mantles and fireplace surrounds;

(j) Combustion make-up air devices;

(k) Heat distribution assists whether gravity controlled or fan assisted in

fireplaces.




(a) Open or operate any windows or doors and access covers that are

permanently or temporarily secured by mechanical means, are painted

shut, or are blocked by stored items or furniture;

(b) Ignite or extinguish fires;

(c) Light gas fireplaces or heaters, or other unlit pilot light devices;

(d) Determine draft characteristics for fireplaces and chimneys;

(e) Move fireplace inserts or stoves or firebox contents;

(f) Disturb insulation;

(g) Activate any system or appliance that is shut down, disconnected, or

otherwise rendered inoperable;

(h) Operate or evaluate any system, component or appliance that does

not respond to normal user controls;

(i) Operate any gas appliance that requires the manual lighting of a pilot

light or burner device;


61-30.807 Standards of Practice, Interior Components. (cont’d.)

(4) The inspector is not required to: (cont’d.)(j) Operate any system, appliance or feature that requires the use of

special codes, keys, combinations, or devices or where user manual

reference is required;

(k) Operate any system, component, or appliance where in the opinion of

the inspector, damage may occur;

(l) Determine thermostat(s) calibration, adequacy of heating elements,

operate or evaluate self cleaning cycles, door seals, indicator lights,

timers, clocks or timed features, defrost cycles or frost free features, or

other specialist features as it applies to the appliance device;

(m) Determine leakage from microwaves ovens;

(n) Determine the presence or operation of back draft damper devices in

exhaust devices;

(o) Move any appliance;

(p) Confirm operation of every control or feature of a system or appliance.



61-30.810 Exterior Components

o 61-30.810 Standards of Practice, Exterior Components.

o (1) Exterior systems and components include the

following:

(a) Exterior wall cladding/siding, flashing and trim;

(b) All exterior doors;

(c) Attached decks, balconies, stoops, steps, porches, and their

associated railings;

(d) Eaves, soffits and fascias where accessible from the ground

level;

(e) Walkways, patios, and driveways leading to the dwelling

entrances;

(f) Garages and carports.

61-30.810 Exterior Components (cont’d.)



readily accessible exterior systems and components.


(a) Window and door screening, shutters, awnings, and similar

seasonal or protective accessories and devices;

(b) Fences;

(c) Recreational facilities;

(d) Outbuildings, with the exception of garages and carports;

(e) Swimming pools, seawalls, break-walls, boat lifts and/or

docks.

61-30.810 Exterior Components (cont’d.)


o (4) The inspector is not required to move furniture,

appliances, lawn and garden equipment, tools, stored

items, wall decorations, floor covering, clothing or any

items that block the view and access to components or

structures.



61-30.811 Site Conditions

o 61-30.811 Standards of Practice, Site Conditions that

Affect the Structure.

o (1) Site conditions that affect the structure include the

following:

(a) Vegetation;

(b) Grading;

(c) Surface drainage; and

(d) Retaining walls on the property when any of these are likely

to adversely affect the structure.


readily accessible site conditions that affect the

structure.

61-30.811 Site Conditions (cont’d.)

o 61-30.811 Standards of Practice, Site Conditions that

Affect the Structure.


(a) Geological, geotechnical or hydrological site conditions;

(b) Erosion control and earth stabilization measures.



Limitations & Exclusions

o Board Rule 61-30.812

o Standards of Practice, General Limitations and

Exclusions.

o This proposed rule was never adopted by the Home

Inspector Licensing Unit and therefore has been deleted.

o Much of the language now resides in scattered portions

of the current Rule 61-800 Standards of practice.

o However, it is worthwhile to review the language of this

former rule. This former rule places all the “do’s &

don’ts” in one place and contains a lot of practical

information on what a Home Inspector is required and

not required to perform while inspecting the subject

property.


o Board Rule 61-30.812


Exclusions.

o General limitations for inspections:

o (a) Inspections are visual and non-invasive only and are

not technically exhaustive.

o (b) Inspections are subjective and rely upon the

inspector’s opinion, judgment and training, and

experience.

o (2) Generally, the inspector is not required to perform

any action or make any determination unless specifically

stated in these Standards of Practice. Inspectors are not

required to:



Exclusions.

o (a) Determine:

o 1. The condition of the system or components which are

not readily accessible.

o (b) Offer to give warranties or guarantees of any kind.

o (c ) Operate:

1. Any system or component which is shut down or otherwise

inoperable or could cause damage.

2. Any system or component which does not respond to normal

operating controls.

3. Shut-off valves of any type.



Exclusions.

o 4. Automatic safety controls, valves or devices of any

type.

o 5. The presence of any environmental hazards including,

but not limited to fungi, molds, toxins, carcinogens,

noise, and contaminants in solid, water, and air.

o (d) Enter:

o 1. Any area which will, in the opinion of the inspector,

likely to be dangerous to the inspector or other persons

or damage the property or its systems or components.

This situation will be noted in the home inspection report.



Exclusions.

o 2. The under-floor crawl space or attics which are not

readily accessible. This situation will be noted in the

home inspection report.

o (e) Inspect:

o 1. Systems or components which are not installed or

readily accessible.

o 2. Installed decorative items.

o 3. Systems or components located in areas that are not

entered in accordance with these Standards of Practice.

o 4. Detached structures other than garages and carports.



Exclusions.

o 5. Common elements or common areas in `multi-unit

housing, such as condominium properties or cooperative

housing.

o (f) Perform any procedure or operation which will, in the

opinion of the inspector, likely to be dangerous to the

inspector or other persons or damage the property or its

systems or components. This situation will be noted in

the home inspection report.

o (g) Describe or report on any system or component that

is not included in these standards and was not

inspected.



Exclusions.

o (h) Move furniture, appliances, lawn and garden

equipment, tools, stored items, personal

belongings, wall or floor decorations, floor

coverings, suspended ceilings, clothing, debris,

soil, snow, ice, or any items or material that

blocks view and/or access to areas, components

or structure. This situation will be noted in the

home inspection report.



Exclusions.

o (i) Utilizing special instruments, tools, or

measuring devices of any kind to measure

moisture, humidity, water or air volume, water or

air flow, water potability, air quality, temperature,

voltage, amperage, electrical grounding, polarity,

and continuity, VOC’s, microwaves,

electromagnetic fields, and other similar kinds of

conditions or activities.



Exclusions.

o (j) Operating equipment, appliances, or devices on more

than one cycle, zone, or phase or operate any device,

appliance, system, or equipment which in the opinion of

the inspector may fail during the act of inspection.

o (3) Home inspectors shall not practice beyond the scope

of their license as a home inspector. The following

actions are beyond the scope of a Home Inspector

Licensee:

o (a) Identify concealed conditions or latent defects.



Exclusions.

o (b) Determining:

o 1. The remaining life of any system or component.

o 2. The strength, adequacy, effectiveness, or efficiency of

any system or component.

o 3. The causes of any condition or deficiency.

o 4. The methods, materials, or cost of correction.

o 5. Future conditions including but not limited to, failure of

systems and components.

o 6. The suitability of the property for any specialized use.



Exclusions.

o 7. Compliance with regulatory requirements (codes,

regulations, laws, ordinances, etc.), manufacturer

specifications, installation procedures or instructions.

o 8. The market value of the property or its marketability.

o 9. The advisability of the purchase of the property.

o 10. The presence of potentially hazardous plants or

animals including, but not limited to wood destroying

organisms or disease harmful to humans.


o Standards of Practice, General Limitations and Exclusions.

o 11. The effectiveness of any system installed or methods

utilized to control or remove suspected hazardous

substances.

o 12. The operating costs of systems or components.

o 13. The acoustical properties of any system or component.

o 14. Conditions that might affect the ability to obtain insurance

and/or the price of insurance

o 15. the calibration of measuring devices including timers,

clocks, thermostats, and gauges.

o 16. The integrity of thermal glass seals.


o Standards of Practice, General Limitations and Exclusions.

o 17. The presence of manufacturers’ defects in any product,

material, component, equipment, or systems, or information

related to recall notices

o 18. Installation conformance to manufacturers’ instructions for

any product, component, element, device, or system.

o (c) Offering to:

o 1. Perform any act contrary to law.

o 2. Perform engineering/architectural services.

o 3. Perform work in any trade or professional service other

than home inspection.



Exclusions.

o (d) Dismantling any system or component,

except as explicitly required by these Standards

of Practice, or.

o (f) Providing any information from any source

regarding property ownership, property

boundaries, liens, outstanding loans, code

violations, reports of hazardous materials,

manufacturers’ recalls, Consumer Protection

Agency bulletins, and other similar kinds of

public information.



Exclusions.

o (d) Inspecting:

o 1. Underground items including but not limited to

underground storage tanks or other indications

of their presence, whether abandoned or active.

o 2. Recreational facilities.


o Standards of Practice, General Limitations

and Exclusions.

o (d) Inspecting:

o 1. Underground items including but not limited

to underground storage tanks or other

indications of their presence, whether

abandoned or active.




Exclusions.

o (d) Inspecting:

o 1. Underground items including but not limited to

underground storage tanks or other indications

of their presence, whether abandoned or active.


Thank You!

o Thank you for participating in this course.

o Thank you for choosing Gold Coast Schools

Documents

Home Inspection The Basics Part 3 - Standards of Practice ... · 468.83 Purpose o 468.83 Home inspection services licensing program; purpose.— o (1) There is created within the