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Section 1. The
Regulations of Connecticut State Agencies are amended by adding sections
20-491-1 to 20-491-26, inclusive, as follows:
(NEW) Section
20-491-1. Definitions. As used in sections 20-491-1 to 20-491-26,
inclusive, of the Regulations of Connecticut State Agencies:
(1) “Alarm systems"
means warning devices, installed or free-standing, including but not
limited to: carbon monoxide detectors, flue gas and other spillage
detectors, security equipment, ejector pumps and smoke alarms;
(2) "Architectural
service" means “the practice of architecture” or “practice architecture”
as defined in Section 20-288(3) of the Connecticut General Statutes;
(3) "Automatic
safety controls" means devices designed and installed to protect
systems and components from unsafe conditions;
(4) "Component"
means a part of a system;
(5) "Decorative"
means ornamental; not required for the operation of the essential
systems and components of a home;
(6) "Describe" means
to report a system or component by its type or other observed,
significant characteristics to distinguish it from other systems or
components;
(7) "Dismantle"
means to take apart or remove any component, device or piece of
equipment that would not be taken apart or removed by a homeowner in the
course of normal and routine home owner maintenance;
(8) "Engineering
service" means services offered by a “professional engineer” as defined
in Section 20-299(1) of the Connecticut General Statutes;
(9) "Further
evaluation" means examination and analysis by a qualified professional,
tradesperson or service technician beyond that provided by the home
inspection;
(10) "Household
appliances" means kitchen, laundry, and similar appliances, whether
installed or free-standing;
(11) "Inspect" means
to examine readily accessible systems and components of a building in
accordance with home inspection statutes and sections 20-491-1 to
20-491-26, inclusive, of the Regulations of Connecticut State Agencies,
using normal operating controls and opening readily accessible panels;
(12) "Installed"
means attached such that removal requires tools;
(13) "Normal
operating controls" means devices such as thermostats, switches or
valves intended to be operated by the homeowner;
(14) "Readily
accessible" means available for visual inspection without requiring
moving of personal property, dismantling, destructive measures, or any
action which will likely involve risk to persons or property;
(15) "Readily
openable access panel" means a panel provided for homeowner inspection
and maintenance that
is within normal reach, can be removed by one person, and is not sealed
in place;
(16) "Recreational
facilities" means spas, saunas, steambaths, swimming pools, exercise,
entertainment, athletic, playground or other similar equipment and
associated accessories;
(17) "Report" means
to communicate in writing;
(18) "Representative
number" means one component per room for multiple similar interior
components such as windows and electric outlets; one component on each
side of the building for multiple similar exterior components;
(19) "Roof drainage
systems" means components used to carry water off a roof and away from a
building;
(20) "Significantly
deficient" means unsafe or not functioning;
(21) "Shut down"
means a state in which a system or component cannot be operated by
normal operating controls;
(22) "Solid fuel
burning appliances" means a hearth and fire chamber or similarily
prepared place in which a fire may be built and which is built in
conjunction with a chimney; or a listed assembly of a fire chamber, its
chimney and related factory-made parts designed for unit assembly
without requiring field construction;
(23) "Structural
component" means a component that supports non-variable forces or
weights (dead loads) and variable forces or weights (live loads);
(24) "System" means
a combination of interacting or independent components, assembled to
carry out one or more functions;
(25) “Technically
exhaustive" means an investigation that involves dismantling, the
extensive use of advance techniques, measurements, instruments, testing,
calculations or other means;
(26) "Under-floor
crawl space" means the area within the confines of the foundation and
between the ground and the underside of the floor;
(27) "Unsafe" means
a condition in a readily accessible, installed system or component that
is judged to be a significant risk of personal injury during normal,
day-to-day use. The risk may be due to damage, deterioration, improper
installation or a change in accepted residential construction standards;
and
(28) "Wiring
methods" means identification of electrical conductors or wires of the
general type, such as “non-metallic sheathed cable” (“Romex”), “armored
cable” (“bx”) or “knob and tube.”
(NEW) Section
20-491-2. Purpose and Scope.
(a) The
purpose of these regulations is to establish a minimum and uniform
standard for the home inspector who provides or offers to provide a home
inspection.
(b) The
inspector shall inspect readily accessible systems and components of
homes and installed systems and components of homes.
(c) The
inspector shall report on those systems and components inspected which,
in the professional opinion of the inspector, are significantly
deficient or are near the end of their service lives.
(d) The
inspector shall provide a reason why, if not self-evident, the system or
component is significantly deficient or near the end of its service life
and the inspector shall provide recommendations to correct or monitor
the reported deficiency.
(e) The
inspector shall report on any systems and components designated for
inspection in these regulations which were present at the time of the
home inspection, unless a written reason is provided as to why any such
systems or components were not inspected.
(f)
These regulations are not intended to limit the inspector from including
other inspection services, systems or components in addition to those
required by these regulations; from specifying repairs, provided the
inspector is appropriately qualified and willing to do so; and from
excluding systems and components from the inspection if requested by the
client.
(NEW) 20-491-3.
Structural System.
(a) The inspector
shall inspect the structural components including foundations and
framing.
(b) The inspector
shall probe a representative number of structural components where
deterioration is suspected or where clear indications of possible
deterioration exist. Probing is not required when probing would damage
any finished surface or where no deterioration is visible.
(c) The inspector
shall describe the foundation and report the methods used to inspect the
under-floor crawl space or basement area; the floor structure; the wall
structure; the ceiling structure; and the roof structure and report the
methods used to inspect the attic.
(d) The inspector
is not required to provide any engineering service or provide
architectural service.
(NEW) 20-491-4.
Exterior.
(a) The inspector
shall inspect the exterior wall covering, flashing and trim; all
exterior doors; attached decks, balconies, stoops, steps, porches, and
their associated railings; the eaves, soffits, and fascias where
accessible from the ground level; the vegetation, grading, surface
drainage, and retaining walls on the property when any of these are
likely to adversely affect the building; and walkways, patios, and
driveways leading to dwelling entrances.
(b) The inspector
shall describe exterior wall covering, finishing and trim.
(c) The inspector is
not required to inspect screening, shutters, awnings, and similar
seasonal accessories; fences; geological, geotechnical or hydrological
conditions; recreational facilities; outbuildings; seawalls,
break-walls, and docks; or erosion control and earth stabilization
measures.
(NEW) 20-491-5.
Roof System.
(a) The inspector
shall inspect the roof covering; the roof drainage systems; the
flashings; the skylights, chimneys, and roof penetrations.
(b) The inspector
shall describe the roof covering and report the methods used to inspect
the roof.
(c) The inspector is
not required to inspect antennae, interiors of flues or chimneys which
are not readily accessible or other installed accessories.
(NEW) 20-491-6.
Plumbing System.
(a) The inspector
shall inspect the interior water supply and distribution systems,
including all fixtures and faucets; the drain, waste and vent systems,
including all fixtures; the water heating equipment; the fuel storage
and fuel distribution systems; and the drainage sumps, sump pumps, and
related piping.
(b) The inspector shall describe the
water supply, drain, waste, and vent piping materials;
if the water supply to the
building is from an on-site well pump system, then the inspector shall
describe the visible components of that .system, the water heating
equipment including the energy source; and the location of main water
and main fuel shut-off valves.
(c) The inspector is
not required to inspect the clothes washing machine connections; wells,
well pumps, or water storage related equipment; water conditioning
systems; solar water heating systems; fire and lawn sprinkler systems;
or private waste disposal systems.
(d) The inspector is
not required to determine whether water supply and waste disposal
systems are public or private or the quantity or quality of the water
supply.
(e) The inspector is
not required to operate safety valves or shut-off valves.
(NEW) 20-491-7.
Electrical System.
(a) The
inspector shall inspect the service drop; the service entrance
conductors, cables, and raceways; the service equipment and main
disconnects; the service grounding; the interior components of service
panels and sub panels; the conductors; the overcurrent protection
devices; a representative number of installed lighting fixtures,
switches, and receptacles; and the ground fault circuit interrupters.
(b) The
inspector shall describe the amperage and voltage rating of the service;
the location of main disconnect or disconnects and sub panels; and the
wiring methods.
(c) The
inspector shall report on the presence of solid aluminum branch circuit
wiring.
(d) The
inspector shall report on the absence of smoke detectors.
(e) The
inspector is not required to inspect the remote control devices unless
the device is the only control device, the alarm systems and components,
the low voltage wiring systems and components, or the ancillary wiring
systems and components not a part of the primary electrical power
distribution system.
(f) The
inspector is not required to measure amperage, voltage, or impedance.
(NEW) 20-491-8.
Heating System.
(a) The inspector
shall inspect the installed heating equipment and the vent systems,
flues and chimneys.
(b) The inspector
shall describe the energy source and the heating method by its
distinguishing characteristics.
(c) The inspector is
not required to inspect the interiors of flues or chimneys which are not
readily accessible, the heat exchanger, the humidifier, dehumidifier,
the electronic air filter, or the solar space heating system.
(d) The inspector is
not required to determine heat supply adequacy or distribution balance.
(NEW) 20-491-9.
Air Conditioning Systems.
(a) The inspector
shall inspect the installed central and through-wall cooling equipment.
(b) The inspector
shall describe the energy source and the cooling method by its
distinguishing characteristics.
(c) The inspector is
not required to inspect electronic air filters or determine cooling
supply adequacy or distribution balance.
(NEW) 20-491-10.
Interior.
(a) The
inspector shall inspect the walls, ceilings, and floors; the steps,
stairways, and railings; the countertops and a representative number of
installed cabinets; a representative number of doors and windows; and
garage doors and garage door operators.
(b) The
inspector is not required to inspect the paint, wallpaper, and other
finish treatments; the carpeting; the window treatments; the central
vacuum systems; the household appliances; or recreational facilities.
(NEW) 20-491-11.
Insulation and Ventilation.
(a) The
inspector shall inspect the insulation and vapor retarders in unfinished
spaces; the ventilation of attics and foundation areas; and the
mechanical ventilation systems.
(b) The inspector
shall describe the insulation and vapor retarders in unfinished spaces
and the absence of insulation in unfinished spaces at conditioned
surfaces.
(c) The inspector is
not required to disturb insulation or vapor retarders or determine
indoor air quality.
(NEW) 20-491-12.
Fireplaces and Solid Fuel Burning Appliances.
(a) The inspector
shall inspect the system components and the vent systems, flues, and
chimneys.
(b) The inspector
shall describe the fireplaces, solid fuel burning appliances and the
chimneys.
(c) The inspector
is not required to inspect the interiors of flues or chimneys, the
firescreens and doors, the seals and gaskets, the automatic fuel feed
devices, the mantles and fireplace surrounds, the combustion make-up air
devices, or the heat distribution assists, whether gravity controlled or
fan assisted.
(d) The inspector
is not required to ignite or extinguish fires, determine draft
characteristics, or move fireplace inserts or stoves or firebox
contents.
(NEW) 20-491-13.
General Limitations and Exclusions.
(a) Inspections
performed in accordance with these regulations are not technically
exhaustive. The inspector is not required to identify concealed
conditions or latent defects.
(b) These regulations shall be applicable
to buildings with four or fewer dwelling units and their attached
garages or carports.
(c) The
inspector is not required to perform any action or make any
determination unless specifically stated in these regulations, except as
may be required by lawful authority.
(d) The
inspector is not required to determine the following:
(1) the condition of
systems or components which are not readily accessible;
(2) the
remaining life of any system or component;
(3) the
strength, adequacy, effectiveness, or efficiency of any system or
component;
(4) the
causes of any condition or deficiency;
(5) the
methods, materials, or costs of corrections;
(6)
future conditions, including, but not limited to, failure of systems or
components;
(7) the
suitability of the property for any specialized use;
(8)
compliance with regulatory requirements (codes, regulations, laws or
ordinances);
(9) the
market value of the property or its marketability;
(10)
the advisability of the purchase of the property;
(11) the
presence of potentially hazardous plants or animals, including, but not
limited to, wood destroying organisms or diseases harmful to humans;
(12)
the presence of any environmental hazards, including, but not limited
to, toxins, carcinogens, noise, and contaminants in soil, water, and
air, with the exception of radon, asbestos, lead paint, or lead solder;
(13) the
effectiveness of any system installed or methods utilized to control or
remove suspected hazardous substances;
(14)
the operating costs of systems or components; or
(15)
the acoustical properties of any system or component.
(e) Any services
not required under Sections 20-491-1 to 20-491-14 of the Regulations of
Connecticut State Agencies may be offered by the home inspector as an
optional service or provided at the request of the client.
(f) The
inspector is not required to offer or perform any act or service
contrary to law, or perform engineering services, or perform work in any
other trade or any professional service other than home inspection, or
offer any warranties or guarantees of any kind.
(g) The
inspector is not required to operate any system or component which is
shut down or otherwise inoperable, any system or component which does
not respond to normal operating controls, or shut-off valves.
(h) The
inspector is not required to enter any area which will, in the opinion
of the inspector, likely be dangerous to the inspector or other persons
or damage the property or its systems or components; or the under-floor
crawl spaces or attics which are not readily accessible.
(i) The
inspector is not required to inspect underground items including, but
not limited to, underground storage tanks or other underground
indications of their presence, whether abandoned or active; systems or
components which are not installed; decorative items; systems or
components located in areas that are not entered in accordance with
these regulations; detached structures other than garages and carports;
or common elements or common areas in multi-unit housing, such as
condominium properties or cooperative housing.
(j) The
inspector is not required to perform any procedure or operation which
will, in the opinion of the inspector, likely be dangerous to the
inspector or other persons or damage the property or its systems or
components; move suspended ceiling tiles, personal property, furniture,
equipment, plants, soil, snow, ice, or debris; or dismantle any system
or component, except as explicitly required by these regulations.
(NEW) 20-491-14.
Code of Ethics.
(a) Opinions
expressed by the inspector shall only be based on the inspector’s
education, experience and honest convictions.
(b) The inspector
shall always act in good faith toward each client.
(c) The inspector
shall not disclose any information concerning the results of the
inspection without the approval of the client or such client’s
representative unless the inspector finds that public health, safety or
welfare imperatively requires emergency action.
(d) The inspector
shall not accept compensation, financial or otherwise, from more than
one interested party for the same service without the consent of all
interested parties.
(e) The inspector
shall not accept or offer commissions or allowances, directly or
indirectly, from other parties dealing with such inspector’s client in
connection with work for which the inspector is responsible.
(f) Prior to being
retained, the inspector shall promptly disclose to his or her client any
interest or conflict of interest which may affect the client.
(g) The inspector
shall not allow an interest in any business to affect the quality or the
results of the work which the inspector may be called upon to perform.
(h) The inspection
work shall not be used as a vehicle for the inspector to deliberately
obtain work in another field.
(i) The inspector
shall make every effort to uphold, maintain, and improve the
professional integrity, reputation, and practice of the home inspection
profession.
(j) The inspector
shall not engage in false or misleading advertising or otherwise
misrepresent any matters to the public.
(k) No inspector
shall express, within the context of an inspection, an appraisal or
opinion of the market value of the inspected property.
(l) The inspector
shall not discriminate against anyone on the basis of age, creed, color,
sex, sexual orientation, physical or mental handicap, or national
origin.
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