Frequently Asked Questions About Home Inspections

NEW YORK

Standards of Practice

Subpart 197-5

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197‑5.4 Site Conditions

Home inspectors shall observe and report the following site conditions:

• Building perimeter grading and drainage directly adjacent to the foundation.

• Trees and vegetation that adversely affect the residence (excluding assessment of health/condition of trees, shrubs, or vegetation).

• Walkways, steps, driveways, patios, and retaining walls (excluding fences and privacy walls).

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197‑5.5 Structural Systems

Home inspectors shall observe and report on the following:

• Any deteriorated and/or damaged structural component, including the building foundation and framing.

• Floor structure.

• Wall structure.

• Ceiling structure.

• Roof structure.

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197‑5.6 Exterior

Home inspectors shall observe and report on the following:

• All exterior walls and coverings, flashing, and trim.

• All exterior doors including garage doors and operators, excluding operation of security locks/devices and excluding storm/safety glazing determinations.

• All attached or adjacent decks, balconies, stoops, steps, porches, and railings.

• All eaves, soffits, and fascias where accessible from ground level.

• All adjacent walkways, patios, and driveways on the subject property.

• The condition of a representative number of windows, excluding identifying safety‑type glass or the integrity of thermal window seals/damaged glass.

• Excludes screening, shutters, awnings and other seasonal accessories; fences; geological and/or soil conditions; recreational facilities; out‑buildings other than garages/carports; tennis courts, jetted tubs, hot tubs, swimming pools, saunas and similar structures requiring specialized knowledge/equipment; erosion control and earth‑stabilization measures.

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197‑5.7 Roof Systems

Home inspectors shall observe and report on readily accessible:

• Roofing materials and condition (report must include material type and method used to observe).

• Roof drainage systems.

• Flashing.

• Skylights, chimneys, and roof penetrations, excluding interiors of any flue or chimney not readily accessible.

• Note in report the methods used to observe the roof; do not operate powered roof ventilators; do not determine remaining life, manufacturer defects, installation methods, recalls, or number of layers; do not walk/access roofs if doing so risks damage or safety; exclude antennas, lightning arresters, and other installed accessories.

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197‑5.8 Plumbing System

Home inspectors shall observe and report on the following visibly and readily accessible components, systems and conditions:

• Interior water supply and distribution systems including fixtures and faucets (operate a representative sample for functional flow; exclude operating any main/branch/fixture valve other than faucets or determining water temperature).

• Drain, waste, and vent systems (operate representative waste lines for functional drainage; exclude exterior or underground drainage systems and secured/inaccessible systems).

• Water heating equipment and vents/pipes (operate domestic hot water systems; exclude solar water heating systems and testing shower pans/surrounds for leakage).

• Fuel storage and distribution systems/components, excluding materials/installation/leakage evaluation of gas supply systems and recording locations of fuel tanks not within or directly adjacent to the structure.

• Drainage sumps, sump pumps, ejector pumps, and related piping (operate drain/waste ejector pumps where readily accessible).

• Active leaks.

• Excludes observing/reporting on private water supply systems, water potability/quality/quantity, water conditioning equipment (softeners/filters), fire sprinkler systems, freestanding/built‑in appliances, spas/saunas/hot tubs/jetted tubs, and on‑site sewage disposal systems (cesspools, septic tanks, drain fields, related underground piping/conduit/cisterns/equipment).

• Reports shall state water supply, drain/waste/vent piping materials; water heating equipment (capacity, energy source); locations of main water and main fuel shut‑offs; and whether water supply and waste disposal are public, private, or unknown.

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197‑5.9 Electrical System

Home inspectors shall observe and report upon readily accessible and observable portions of:

• Service drop.

• Service entrance conductors, cables, and raceways.

• Main and branch circuit conductors for over‑current protection and condition by visual observation after removing readily accessible main/sub‑panel covers (excluding insertion of tools/probes or dismantling).

• Service grounding.

• Interior components of service panels and sub‑panels (excluding activation of non‑energized circuits, operation of overload devices, or measuring amperage/voltage/impedance).

• A representative number of installed lighting fixtures, switches, and receptacles (excluding low‑voltage/ancillary systems, swimming‑pool wiring, or systems controlled by timers).

• A representative number of GFCIs.

• Reports shall describe: amperage/voltage rating of the service; location of main disconnects/sub‑panels; presence of aluminum branch circuit wiring; presence/absence of smoke and carbon monoxide detectors; and general condition/type of visible branch circuit conductors that may pose hazards due to improper use/installation.

• Excludes remote control devices; alarm systems/components; low‑voltage systems (doorbells/intercoms); ancillary wiring not part of primary distribution; moving objects/furniture/appliances to gain access; testing every switch/receptacle/fixture; removing switch/outlet plates; equipment not readily accessible; dismantling any device/control; solar‑powered electrical components or standby generators/components.

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197‑5.10 Heating System

Home inspectors shall:

• Describe the type of fuel, heating equipment, and distribution system (excluding evaluation of capacity, adequacy, or efficiency).

• Operate systems using thermostats (excluding systems that do not respond or when conditions are not conducive to safe operation).

• Open readily accessible and operable access panels provided by the manufacturer/installer for routine homeowner maintenance (excluding removal of inaccessible covers or dismantling).

• Observe/report on normally operated controls and components (excluding accessories such as humidifiers, air purifiers, motorized dampers, heat reclaimers).

• Observe/report on visible flue pipes, dampers, and related components for functional operation (excluding interiors of chimney flues and determination of clearance to combustibles/adequacy of combustion air).

• Observe/report on the presence/condition of a representative number of heat sources in each habitable space.

• Observe/report on operation of fixed supplementary heat units (excluding gas logs, built‑in gas burning appliances, grills, stoves, space heaters, or solar heating devices/systems).

• Observe/report on visible components of vent systems, flues, and chimneys (excluding evaluation of heat exchangers and materials in insulation/wrapping of pipes, ducts, jackets, boilers).

• Testing for gas leaks or carbon monoxide is excluded.

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197‑5.11 Air Conditioning Systems

Home inspectors shall:

• Observe, describe, and report on the type of air‑conditioning equipment and distribution system; operate the system using the thermostat; open a representative number of readily accessible/operable access panels provided for routine homeowner maintenance; observe/report on the condition of normally operated controls/components (excluding electronic air filters).

• Excludes activation/operation of shut‑down systems; gas‑fired refrigeration systems, evaporative coolers, wall/window‑mounted units; checking system coolant pressure or determining leakage; evaluating capacity/efficiency/adequacy; operation when exterior temperature is below 65 °F or when conditions are unsafe or may damage equipment; and removal of inaccessible covers or dismantling equipment/controls/gauges; checking electrical current draw.

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197‑5.12 Interior

Home inspectors shall:

• Observe/report on material and general condition of walls, ceilings, and floors.

• Observe/report on steps, stairways, and railings.

• Observe/operate/report on garage doors, safety devices, and garage door operators.

• Where visible and readily accessible, observe/report on bath/kitchen vent ducting to determine if it exhausts to the exterior.

• Observe/operate/report on a representative number of primary windows and interior doors.

• Observe/report on visible signs of water penetration.

• Excludes igniting fires or stoves; determining draft or performing chimney smoke tests; evaluating inserts, wood‑burning stoves, or modifications; determining concealed clearances; reporting on paint, wallpaper, or finish treatments; window treatments; central vacuum systems; household appliances; recreational facilities; lifts/elevators/dumbwaiters.

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197‑5.13 Insulation and Ventilation

Home inspectors shall:

• Observe, describe, and report on insulation in accessible, visible unfinished spaces.

• Observe, describe, and report on ventilation of accessible attics and foundation areas.

• Observe/report on mechanical ventilation systems in visible, accessible areas.

• Excludes disturbing insulation and operating mechanical ventilation when weather/conditions are not conducive to safe operation or may damage equipment.

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197‑5.14 Fireplaces

Home inspectors shall:

• Observe/report on visible and accessible system components.

• Observe/report on visible and accessible chimneys and vents.

• Observe/report on chimney caps.

• Observe/report on fireplaces and solid‑fuel burning appliances.

• Observe/report on chimneys.

• Observe/operate/report on accessible fireplace dampers.

• Excludes interiors of flues/chimneys; fire screens/doors; automatic fuel feed devices; mantels and fireplace surrounds; combustion make‑up air devices; heat distribution assists; igniting/extinguishing fires; determining draft characteristics; moving fireplace inserts/stoves or firebox contents.

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197‑5.15 Attics 

Home inspectors shall observe and report on any safe and readily accessible attic space describing:

• Observe/report on any safe and readily accessible attic space, describing: (1) method of observation used;

• and conditions observed.

• Excludes entering any attic where no walkable floor is present or where entry, in the inspector’s opinion, would be unsafe.

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197‑5.16 Limitations and Exclusions

• Not required to observe any item that is concealed or not readily accessible; to move furniture/personal property or damage finishes; to perform tests/procedures that could damage or destroy the item.

• Not required to report on appliances, recreational facilities, alarms, intercoms, speaker systems, radio‑controlled devices, security systems, or lawn irrigation systems.

• Not required to determine presence/absence of suspected hazardous substances (e.g., VOCs, PCBs, asbestos, urea formaldehyde, toxins, carcinogens, diseases, wood‑destroying organisms, mold, hazardous plants, illicit drugs/equipment, lead paint, noise or contaminants in soil/water/air, wetlands, or any environmental hazard).

• Except as otherwise necessary under these Standards, not required to use special instruments/testing devices (e.g., amp probes, pressure gauges, moisture meters, gas detection devices).

• Not required to report on real property, geological/environmental/hazardous waste conditions; manufacturer recalls; or installation conformance; or on Consumer Protection Bulletins.

• Not required to report upon present or past violations of codes, ordinances, or regulations.

• Not required to enter any area or perform any procedure that, in the inspector’s opinion, may damage property/components or jeopardize safety.

• Not required to observe any system/component not included in these Standards.

• Inspections performed per these Standards are not technically exhaustive and are not required to identify concealed conditions, latent defects, or consequential damages.

• Not required to determine: conditions of systems/components not readily accessible; remaining life expectancy; strength/adequacy/efficiency of any system/component; causes of conditions/deficiencies; repair methods/materials/costs; future conditions or failure; suitability for specialized use; advisability of purchase; or presence of potentially hazardous plants/animals (including wood‑destroying organisms or diseases harmful to humans such as mold‑like substances).

• Not required to inspect: installed decorative items; items not entered under these Standards; detached structures other than garages/carports.

• Not required to describe/report on any system/component not included in these Standards and not inspected; not required to move personal property, furniture, equipment, plants, soil, snow, ice, or debris.