New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter V - Division Of Corporations And State Records
Subchapter J - Home Inspectors
Part 197 - Home Inspectors
Subpart 197-5 - Standards Of Practice For Home Inspectors
Section 197-5.16 - Limitations and exclusions
Current through Register Vol. 47, No. 12, March 26, 2025
(a) Home inspectors are not required to observe any item that is concealed or not readily accessible to the home inspector. The home inspector is not required to move furniture, personal or stored items; lift floor coverings; move attached wall or ceiling coverings or panels; or perform any test or procedure which could damage or destroy the item being evaluated.
(b) Home inspectors are not required to observe appliances, recreational facilities, alarm systems, intercoms, speaker systems, radio controlled devices, security devices and lawn irrigation systems.
(c) Home inspectors shall not be required to determine the presence or absence of any suspected hazardous substance including but not limited to, latent surface and/or subsurface volatile organic compounds, PCB's, asbestos, urea formaldehyde insulation, toxins, carcinogens, diseases, wood destroying organisms, mold, hazardous plants, illicit drugs or drug making equipment, lead paint, noise or contaminants in soil, water, air quality, wet lands or any other environmental hazard.
(d) Except as otherwise necessary and required by this standards of practice, home inspectors are not required to use special instruments or testing devices, such as amp meters, pressure gauges, moisture meters, gas detectors and similar equipment.
(e) Home inspectors are not required to report on real property, geological, environmental or hazardous waste conditions, manufacturer recalls or conformance of proper manufacturer installation of any component or system, or information contained in consumer protection bulletins. Home inspectors are not required to report upon past or present violations of codes, ordinances or regulations.
(f) Home inspectors are not required to provide an inspection of any condominium common component or system, or to evaluate condominium reserve accounts.
(g) Home inspectors are not required to enter any residential building or area of a building that, in the opinion of the home inspector, is dangerous to the safety of the home inspector or others or that will result in damage to the property, its systems or components.
(h) Home inspectors shall not be required to enter any area or perform any procedure which, in the opinion of the home inspector, may damage the property or its components.
(i) Home inspectors shall not be required to observe any system or component that is not included in this standards of practice.
(j) Home inspections performed in accordance with these standards of practice are not technically exhaustive and are not required to identify concealed conditions, latent defects or consequential damages.
(k) Home inspectors are not required to determine:
(l) Home inspectors are not required to offer:
(m) Home inspectors are not required to operate:
(n) Home inspectors are not required to observe:
(o) Home inspectors shall not be required to describe or report on any system or component that is not included in these standards of practice and was not inspected.
(p) Home inspectors shall not be required to move personal property, furniture, equipment, plants, soil, snow, ice or debris.
(q) These standards of practice are not intended to limit home inspectors from excluding systems and components from the home inspection if requested by the client.