N.M. Admin. Code § 16.66.7.24

Current through Register Vol. 35, No. 17, September 10, 2024

Section 16.66.7.24 - LIMITATIONS AND EXCLUSIONS

A. General limitations:

(1) The requirements, obligations, and standards in this Part apply to residential buildings with four or fewer dwelling units and their attached and detached garages and carports.

(2) As part of a particular home inspection, licensees are not required to perform actions or make determinations or recommendations beyond those identified in this Part.

(3) Home inspections performed by licensees are not expected to be technically exhaustive.

(4) Home inspections performed by licensees are not required to identify or report on concealed, latent, or intermittent conditions.

B. In general, the licensee is not required to inspect:

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

(2) Items that are not permanently installed;

(3) Permanently installed decorative items;

(4) Items in areas that the licensee does not enter, as provided in this Part;

(5) Detached structures other than garages and carports;

(6) Common elements and common areas in multi-unit housing, such as condominium properties and cooperative housing;

(7) All occurrence of multiple similar components, provided that the licensee may be required to inspect one such component;

(8) Outdoor cooking appliances.

C. In general, the licensee is not required to:

(1) Ignite or extinguish fires, pilot lights, burners, and other open flames that require manual ignition;

(2) Dismantle systems and components, except as required by this Part;

(3) Operate any system or component which is shut down or otherwise inoperable;

(4) Operate any system or component which does not respond to normal operating controls;

(5) Operate shut-off valves and manual stop valves;

(6) Reset, reprogram, or otherwise adjust devices, systems, and components affected by the home inspection required by this Part;

(7) Probe surfaces that would be damaged or where no deterioration is visible or presumed to exist;

(8) Use specialized tools;

(9) Disturb insulation, move personal items, furniture, equipment, plant life, soil, snow, ice, or debris which obstructs access or visibility;

(10) Enter areas that will, as determined by the licensee, likely be dangerous to the licensee or to other persons or likely to damage the property or its systems and components;

(11) Enter any area or perform any procedure which may damage the property or its components or be dangerous to the licensee or other persons;

(12) Enter under-floor crawlspaces and attics that are not readily accessible;

(13) Identify and report cosmetic imperfections that do not affect a component's normally intended function or operation;

(14) Describe or report on systems or components that are not included in this Part and that were not inspected;

(15) Offer warranties or guarantees of any kind;

(16) Offer or perform any engineering services;

(17) Offer or perform any trade or professional service other than home inspection.

D. In general, the licensee is not required to determine:

(1) Compliance with local codes, ordinances or regulations, the legality of property and its present use, conditions of title, boundaries and easements, and location in earthquake, flood, mining, or any other hazard zones;

(2) Whether any permits were required or obtained for any work performed on the subject property;

(3) Whether grandfathering applies to any condition in a system or component;

(4) Condition of systems and components not readily accessible;

(5) Strength, adequacy, effectiveness, and efficiency of systems and components;

(6) Causes of adverse conditions observed and reported;

(7) Methods, materials, and costs of corrections;

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

(9) The age of installation of any system, structure, or component of a building;

(10) The remaining life expectancy of systems and components;

(11) Whether items, materials, conditions, and components are subject to recall, controversy, litigation, product liability, and other adverse claims and conditions;

(12) Operating costs of systems and components;

(13) Acoustical properties of systems and components;

(14) Presence of plants, animals, and other life forms and substances that may be hazardous or harmful to humans including, but not limited to, wood destroying organisms, molds, and mold-like substances;

(15) Presence of environmental hazards including, but not limited to, allergens, toxins, carcinogens, electromagnetic radiation, noise, radioactive substances, and contaminants in building materials, soil, water, and air;

(16) Effectiveness of permanently installed systems and methods used to control or remove suspected hazardous plants, animals, and environmental hazards;

(17) Soil conditions relating to geotechnical or hydrologic specialties;

(18) Advisability of purchasing of the property being inspected;

(19) Insurability of the property;

(20) Marketability or market value of the property;

(21) Suitability of the property for specialized uses.

N.M. Admin. Code § 16.66.7.24

Adopted by New Mexico Register, Volume XXXI, Issue 23, December 15, 2020, eff. 1/15/2021