s991109-2 Should inspectors report how to correct or monitor a deficiency?

Identifier: s991109-2

Date: 12/10/1999

Question

Does the requirement to report when a system or component is unsafe due to a change in residential construction standards require the inspector to report code violations? If so, isn't this in conflict with Section 13.2.B.8? If not, please explain.

Response

Section 2.2.B requires inspectors to report on systems and components inspected which, in the professional opinion of the inspector, are significantly deficient, or near the end of their service lives. 

Significantly deficient is defined as unsafe or not functioning. Unsafe is defined as: "A condition in a readily accessible, installed system or component which is judged to be a significant risk of personal injury during norm al, day-to-day use. The risk may be due to damage, deterioration, improper installation or a change in accepted residential construction standards" 

Section 13.2.B.8 is a General Exclusion that states "inspectors are NOT required to determine compliance with regulatory requirements (codes, regulation, laws, ordinances, etc.)". This exclusion recognizes that home inspectors cannot be expected to inspect an existing home using building codes. Code violations need not be reported. 

Section 2.2.B does not require the identification of code violations. It does require the inspector, using his professional judgment, to report observations of significantly deficient conditions. Some of these conditions might be code violations, others may not. The issue of code compliance is not germane. Codes are government regulations that carry the force of law when adopted by a jurisdiction. Home inspectors are not code enforcement agents. The phrase "The risk may be due to . . . a change in accepted residential construction standards" is intended to make clear that observations of significant safety issues should be reported, even if the observed conditions may have been considered acceptable at some point in the past, either by building code, or by accepted practice. The code need never be mentioned. 

It is irrelevant to the issue of safety. ASHI Standards require reporting to your client an observed significantly deficient condition, why the condition is judged significantly deficient (unsafe or not functioning), if not self evident, and a recommendation for a course of action regarding the significantly deficient condition.