09.36.07.03

.03 Limitations and Exclusions.

A. A home inspection performed in accordance with the standards of practice set forth in this chapter:

(1) Is not technically exhaustive; and

(2) May not identify concealed conditions or latent defects.

B. Except as may be required by lawful authority, a home inspector is not required to perform any action or make any determination unless specifically stated in the standards of practice set forth in this chapter.

C. A home inspector is not required to determine any of the following:

(1) Condition of a system or component that is not readily accessible;

(2) Remaining life of any system or component;

(3) Strength, adequacy, effectiveness, or efficiency of any system or component;

(4) Causes of any condition or deficiency;

(5) Methods, materials, or costs of corrections;

(6) Future conditions, including, but not limited to, failure of systems and components;

(7) Suitability of the property for any specialized use;

(8) Property boundary lines or encroachments;

(9) Compliance of the structure with applicable provisions of local ordinances, regulations, or codes;

(10) Market value of the property or its marketability;

(11) Advisability of the purchase of the property;

(12) Indoor air quality or sickness of any building, including, but not limited to, the presence or absence of all manner of biological activity, such as carcinogens, mold, insects, birds, pets, mammals, and other flora and fauna, and their consequent damage, toxicity, odors, waste products, and noxiousness;

(13) Effectiveness of any system installed or methods utilized to control or remove suspected hazardous substances;

(14) Operating costs of a system or component;

(15) Acoustical properties of any system or component; or

(16) Existence of manufacturer's recalls.

D. A home inspector is not required to offer or perform any of the following:

(1) Any act or service contrary to law;

(2) Engineering services;

(3) Work in any trade or any professional service other than home inspection; or

(4) Warranties or guarantees of any kind.

E. A home inspector is not required to operate any system or component that:

(1) Is shut down or otherwise inoperable; or

(2) Does not respond to normal operating controls.

F. A home inspector is not required to enter:

(1) Any area that may be, in the opinion of the home inspector, dangerous to the inspector or other persons or may damage the property or its systems or components; or

(2) Under-floor crawl spaces or attics that are not readily accessible.

G. A home inspector is not required to inspect any of the following:

(1) Underground items, including, but not limited to, underground storage tanks or other underground indications of their presence, whether abandoned or active;

(2) Systems or components that are not installed;

(3) Decorative items;

(4) Systems or components located in areas that cannot be entered in accordance with the standards of practice set forth in this chapter;

(5) Detached structures other than garages and carports;

(6) Common elements or common areas in multiunit housing, such as condominium properties or cooperative housing; or

(7) A common condominium component or system or evaluated condominium reserve accounts.

H. A home inspector is not required to:

(1) Perform any procedure or operation that may be, in the opinion of the inspector, dangerous to the inspector or other persons or damage the property or its systems or components;

(2) Move suspended ceiling tiles, personal property, furniture, equipment, plants, soil, snow, ice, or debris;

(3) Dismantle any system or component, except as explicitly required by the standards of practice set forth in this chapter; or

(4) Include in a written report any information from any source concerning previous:

(a) Property, geological, environmental, or hazardous waste conditions;

(b) Manufacturer recalls or conformance of proper manufacturer's installation of any component or system; or

(c) Information contained in a consumer protection bulletin of publication.