S.D. Admin. R. 20:74:06:05

Current through Register Vol. 51, page 67, December 16, 2024

Section 20:74:06:05 - General exclusions and limitations

The following general exclusions and limitations apply to home inspectors:

(1) An inspector is not required to report on:

(a) The life expectancy of any component or system;

(b) The causes of the need for a major repair;

(c) The methods, materials, and costs of a major repair;

(d) The suitability of the property for any specialized use;

(e) Compliance or noncompliance with applicable regulatory requirements;

(f) The market value of the property or its marketability;

(g) The advisability or inadvisability of purchase of the property;

(h) Any component or system which was not observed;

(i) The presence or absence of pests such as wood damaging organisms, rodents, or insects; or

(j) Cosmetic items, underground items, or items not permanently installed;

(2) An inspector is not required to:

(a) Offer to perform or perform any act or service contrary to law;

(b) Offer warranties or guarantees of any kind;

(c) Calculate the strength, adequacy, or efficiency of any system or component;

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

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

(f) Operate any system or component which does not respond to normal operating conditions;

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

(h) Determine the presence or absence of any suspected hazardous substance, including, but not limited to toxins, carcinogens, noise, or contaminants in soil, water, and air;

(i) Determine the effectiveness of any system installed to control or remove suspected hazardous conditions;

(j) Predict future conditions, including but not limited to failure of components; or

(k) Evaluate acoustical characteristics of any system or component.

S.D. Admin. R. 20:74:06:05

28 SDR 28, effective 9/2/2001.

General Authority:36-21C-6(2).

Law Implemented:36-21C-6(2).