La. Admin. Code tit. 46 § XL-309

Current through Register Vol. 50, No. 11, November 20, 2024

Section XL-309 - General Exclusions

A. Home inspectors are not required to inspect or report on:

1. life expectancy of any component or system;

2. the causes of any condition or deficiency;

3. the methods, materials, and costs of corrections;

4. the suitability of the property for any specialized use;

5. compliance or non-compliance with codes, ordinances, statutes, regulatory requirements, special utility, insurance or restrictions;

6. any component or system that was not inspected and so stated in the home inspection report or pre-inspection agreement.

7. the presence or absence of any suspected or actual adverse environmental condition or hazardous substance, including but not limited to asbestos, radon lead, mold, contaminated drywall or building components, carcinogens, noise, or contaminants, whether in the building or in soil, water, or air; however, if during the course of inspecting the systems and components of the building in accordance with the law and these rules, the home inspector discovers visually observable evidence of suspected mold or microbial growth, he shall report it;

8. decorative or cosmetic items, underground items, or items not permanently installed;

9. hidden, concealed or latent defects;

10. items not visible for inspection including the condition of systems or components which are not readily accessible; or

11. future conditions, including but not limited to, the likelihood of failure or the expected life of systems and components.

B. Home inspectors are not required to:

1. offer warranties or guarantees of any kind;

2. calculate or determine the strength, adequacy, or efficiency of any system or component;

3. enter the under-floor crawl spaces, attics, or any area which, in the opinion of the home inspector, is not readily accessible;

4. operate any system or component that is shut down or otherwise inoperable;

5. operate any system or component that does not respond to normal operating controls;

6. disturb or move insulation, personal items, panels, furniture, equipment, soil, snow, ice, plant life, debris or other items that may obstruct access or visibility;

7. determine the effectiveness of any system installed to control or remove suspected hazardous substances;

8. project operating costs of components;

9. evaluate acoustical characteristics of any system or component;

10. inspect special equipment or accessories that are not listed as components to be inspected in this Chapter;

11. operate shut-off valves;

12. inspect detached structures, other than garages and carports;

13. inspect common elements or areas in multi-unit housing, such as condominium properties or cooperative housing;

14. dismantle any system or component, except as specifically required by these standards of practice; or

15. perform air or water intrusion tests or other tests upon roofs, windows, doors or other components of the structure to determine its resistance to air or water penetration.

C. Home inspectors shall not:

1. offer or perform any act or service contrary to law;

2. report on the market value of the property or its marketability;

3. report on the advisability or inadvisability of purchase of the property;

4. report on any component or system that was not inspected;

5. report on the presence or absence of pests such as wood damaging organisms, rodents or insects; however the home inspector may advise the client of damages to the building and recommend further inspection by a licensed wood destroying insect inspector;

6. advertise or solicit to perform or perform repair services on any system or component of the home inspected or any other type of service on the home inspected from the time of the inspection until the date of the act of sale of the home.

La. Admin. Code tit. 46, § XL-309

Promulgated by the Department of Economic Development, Board of Home Inspectors, LR 26:2746 (December 2000), amended by the Office of the Governor, Board of Home Inspectors, LR 30:1690 (August 2004), LR 36:2862 (December 2010), LR 38:2532 (October 2012), LR 41:922 (May 2015), repromulgated LR 41:2339 (November 2015), Amended by the Office of the Governor, Board of Home Inspectors, LR 43314 (2/1/2017), Amended by Office of the Governor, Board of Home Inspectors, LR 431913 (10/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1475 and R.S. 37:1478.