What Your Home Inspector Is Not Required To Check

Massachusetts home inspectors are regulated by the state, and certain aspects of the property will be excluded from the inspection. The following is from 266 CMR 6.05, Standards of Practice for home inspections.

6.05:General Limitations and Exclusions of the Home Inspection

(1)   General Limitations.

(a)   Home Inspections done in accordance with the standards set forth in 266 CMR 6.04 are visual and not Technically Exhaustive.

(b)   The Home Inspections standards set forth in 266 CMR 6.04 are applicable to Residential Buildings with four or less Dwelling units under one roof and their attached garages.

(2)   General Exclusions.

(a)   Inspectors shall not be required to Report On:

1.   The remaining life expectancy of any component or system.

2.   The causes of the need for repair.

3.   The materials for corrections of the problem.

4.   The methods of repair other than to indicated the repair should comply with applicable requirements of the governing codes and sound construction practices.

5.   Compliance or non-compliance with applicable regulatory requirements unless specifically contracted for in writing.

6.   Any component or system not covered by 266 CMR 6.04.

7.   Cosmetic items.

8.   Items that are not Readily Accessible and Observable, underground items, or items not permanently installed.

9.   Systems or Components specifically excluded by Client (noted in writing in the Contract or in the Report).

(b)   Inspectors shall not be required to perform or provide any of the following under the Home Inspection specified in 266 CMR 6.04:

1.   Offer warranties, guarantees and/or insurance policies of any kind on the property being inspected.

2.   Collect any engineering data (the size of structural members and/or the output of mechanical and/or electrical equipment).

3.   Inspect spaces that are not Readily Accessible and Observable. Enter any area or perform any procedure, which may damage the property or its components, or be dangerous and unsafe to the Inspector or other persons, as determined by and Reported by the Inspector.

4.    Disturb or move insulation, stored and/or personal items, furniture, equipment, plant life, soil, snow, ice, or debris that obstructs access or visibility.

5.   Determine the effectiveness of any system installed to control or remove suspected hazardous substances

6.   Predict future conditions, including but not limited to failure of Components. (See Additional Services)

7.   Project operating costs of Components.

8.   Determine extent or magnitude of damage or failures noted.

9.   Operate any System or Component which does not respond to normal operating controls.

10.   Test for radon gas.

11.   Determine the presence or absence of pests including but not limited to: rodents or wood destroying insects.

12.   Determine the energy efficiency of the dwelling as a whole or any individual system or component within the dwelling.

13.   Perform Environmental Services including determining the presence or verifying the absence of any micro organisms or suspected hazardous substances including, but not limited to, carbon monoxide, latent surface and/or subsurface Volatile Organic Compounds, PCB's, asbestos, UFFI, toxins, allergens, molds, carcinogens, lead paint, radon gas, electromagnetic radiation, noise, odors, or any contaminants in soil, water, air wet lands and/or any other environmental hazard not listed in 266 CMR 6.05(2)(a) and (b).

14.   Evaluate acoustical characteristics of any system or component.

15.   Inspect surface and subsurface soil conditions.

Comments

[Jim Mushinsky]

I feel your title is misleading to consumers in search of a home inspector.

The content of your article is more accurate. There is a BIG difference between what a home inspector is not required to do and what your home inspector will not check.

For example; reading your article... What your home inspector will not check... (10) Test for Radon. Many home inspectors do offer Radon Testing services. BIG difference in what the will not check, and what they are not required to do.

I also feel your credentials/accomplishments as a Real Estate Broker and a Lawyer amplify the misleading title.

[Rich Rosa]

Jim,

Thank you for your comment. I think I will change the title to "What Your Home Inspector Is Not Required Check."

Thanks again. I appreciate it.