Exploring the Role of Home Inspectors in New York: Do They Check Building Codes?
Many individuals wonder whether home inspectors in New York assess building codes during their inspections. The simple answer is no, they do not. However, it’s a more complex matter than a mere yes or no response, and we’ll delve into it further.
In the state of New York, licensed home inspectors adhere to what’s known as the “Standards of Practice.” These standards serve as a comprehensive set of guidelines outlining what home inspectors are obligated to inspect and what they are not. Additionally, the Standards of Practice mandate that home inspectors report on any unsafe conditions. These conditions are defined as situations that pose a substantial risk of bodily harm during regular, day-to-day use. This risk could result from damage, wear and tear, incorrect installation, or a deviation from current construction standards.
So, what exactly do these standards entail? Although they are not explicitly focused on building codes, most, if not all inspectors understand that these standards, in many cases, indirectly relate to codes. After all, construction standards are inherently tied to building codes. Technically, home inspectors do not inspect properties for code compliance, but in numerous instances, they find themselves inadvertently evaluating code-related matters. Beyond code compliance, a home inspection encompasses various crucial aspects, including inquiries such as: What is the age of the roof? How much longer will the HVAC system function efficiently? Are the windows aging, and should they be replaced? Is there a risk of water intrusion in the basement?
Are you following along? Now, let’s tackle the potentially perplexing aspect of this issue. A home inspector cannot be reasonably expected to be an expert in every aspect of building codes for each trade. This would be an impractical expectation. However, they must possess sufficient familiarity with the latest edition of the IRC (International Residential Code) to identify when something appears amiss. They can also employ safety as a guiding principle in determining what recommendations to make and when to make them.
You might wonder why home inspectors do not scrutinize all aspects of the building codes. The key reason is that an inspector is, fundamentally, a generalist, not a specialist. A generalist must possess extensive knowledge of each facet of the construction industry, allowing them to identify minor details that might affect the performance or safety of a system. Memorizing all the numerous codes within the IRC would be a monumental task. Furthermore, home inspectors evaluate properties constructed at different times and under different sets of codes. Not all newer codes must be enforced on older homes, as they are often “grandfathered” in. Adhering to all the current codes would necessitate frequent and extensive property overhauls, which homeowners typically prefer to avoid. New codes only come into play when a home undergoes significant upgrades or renovations.
Here are a few instances where building codes and Home Inspector Standards of Practice intersect:
- Inadequate Guard Rails: An inspector is not required to know the exact height guardrails should be, but they will recommend raising them if they appear too low based on visual inspection.
- Smoke Detectors and Carbon Monoxide Detectors: A competent home inspector should be aware of the current code requirements for fire safety.
- Electrical Wiring: Home inspectors must have the knowledge to match wire sizes with various breaker sizes.
- Gas Line Piping: For gas lines inside a structure, soft copper piping was previously allowed by code but is no longer permissible. A knowledgeable home inspector should recommend replacing soft copper piping with hard (steel) piping.
To sum it up, as per the Standards of Practice in New York, home inspectors are not obligated to verify code compliance. However, they should possess a sufficient level of familiarity with building codes to provide valuable insights to their clients. This knowledge is critical in helping homeowners make informed decisions regarding the safety and performance of their properties.
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