11 NCAC 08 .1105             GENERAL EXCLUSIONS

(a)  Home inspectors are not required to report on:

(1)           Life expectancy of any component or system;

(2)           The causes of the need for a repair;

(3)           The methods, materials, and costs of corrections;

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

(5)           Compliance or non-compliance with codes, ordinances, statutes, regulatory requirements, or restrictions;

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

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

(8)           Any component or system that was not inspected;

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

(10)         Cosmetic damage, underground items, or items not installed; or

(11)         The presence or absence of systems installed to control or remove suspected hazardous substances listed in Subparagraph (b)(7) of this Rule.

(b)  Home inspectors are not required to:

(1)           Offer warranties or guarantees of any kind;

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

(3)           Enter any area or perform any procedure that may damage the property or its components or be dangerous to or adversely affect the health or safety of the home inspector or other persons;

(4)           Operate any system or component that is shut down or otherwise inoperable;

(5)           Operate any system or component that does not respond to normal operating controls;

(6)           Move personal items, panels, furniture, equipment, plant life, soil, snow, ice, or debris that obstructs access or visibility;

(7)           Determine the presence or absence of any suspected adverse environmental condition or hazardous substance, including mold, toxins, carcinogens, noise, contaminants in the building or in soil, water, and air;

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

(9)           Determine House Energy Ratings (HER), insulation R values, system or component efficiencies;

(10)         Inspect heat recovery and similar whole house ventilation systems;

(11)         Predict future condition, including failure of components;

(12)         Project operating costs of components;

(13)         Evaluate acoustical characteristics of any system or component;

(14)         Inspect special equipment or accessories that are not listed as components to be inspected in this Section; or

(15)         Disturb insulation, except as required in Rule .1114 of this Section.

(c)  Home inspectors shall not:

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

(2)           Offer or perform engineering, architectural, plumbing, electrical or any other job function requiring an occupational license in the jurisdiction where the inspection is taking place, unless the home inspector holds a valid occupational license. In that case the home inspector shall inform the client that the home inspector is so licensed, and therefore qualified to go beyond this Section and perform additional inspections beyond those within the scope of the Standards of Practice.

History Note:        Authority G.S. 143-151.49;

Codifier determined that agency findings did not meet criteria for temporary rule Eff. October 15, 1996;

Temporary Adoption Eff. October 24, 1996;

Eff. July 1, 1998;

Amended Eff. February 1, 2007; April 1, 2005; May 1, 2003;

Readopted Eff. October 1, 2018.