The following general exclusions and limitations apply to home inspectors:

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

   1. (a) The life expectancy of any component or system;
   2. (b) The causes of the need for a major repair;
   3. (c) The methods, materials, and costs of a major repair;
   4. (d) The suitability of the property for any specialized use;
   5. (e) Compliance or noncompliance with applicable regulatory requirements;
   6. (f) The market value of the property or its marketability;
   7. (g) The advisability or inadvisability of purchase of the property;
   8. (h) Any component or system which was not observed;
   9. (i) The presence or absence of pests such as wood damaging organisms, rodents, or insects; or
   10. (j) Cosmetic items, underground items, or items not permanently installed;

2. (2) An inspector is not required to:

   1. (a) Offer to perform or perform any act or service contrary to law;
   2. (b) Offer warranties or guarantees of any kind;
   3. (c) Calculate the strength, adequacy, or efficiency of any system or component;
   4. (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;
   5. (e) Operate any system or component which is shut down or otherwise inoperable;
   6. (f) Operate any system or component which does not respond to normal operating conditions;
   7. (g) Disturb insulation, move personal items, furniture, equipment, plant life, soil, snow, ice, or debris, which obstructs access or visibility;
   8. (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;
   9. (i) Determine the effectiveness of any system installed to control or remove suspected hazardous conditions;
   10. (j) Predict future conditions, including but not limited to failure of components; or
   11. (k) Evaluate acoustical characteristics of any system or component.

Source: 28 SDR 28, effective September 2, 2001.

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

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