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BILL NUMBER: AB 1118 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Hayashi
FEBRUARY 27, 2009
An act to amend Section 7195 of, and to add Section 7195.5 to, the
Business and Professions Code, relating to home inspectors.
LEGISLATIVE COUNSEL'S DIGEST
AB 1118, as introduced, Hayashi. Home inspectors.
Existing law provides that it is the duty of a home inspector, as
defined, who is not licensed as a general contractor, structural pest
control operator, or architect, or registered as a professional
engineer, to conduct a home inspection with the degree of care that a
reasonably prudent home inspector would exercise. Existing law
provides that certain actions by a home inspector, a company that
employs the inspector, or a company that is controlled by a company
that also has a financial interest in a company employing a home
inspector, constitute an unfair business practice.
This bill would declare the intent of the Legislature to adopt
minimum qualifications for certification as a home inspector in
California, and would make conforming changes to a related provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7195 of the Business and Professions Code is
amended to read:
7195. For purposes of this chapter, the following definitions
apply:
(a) (1) "Home inspection" is a noninvasive, physical examination,
performed for a fee in connection with a transfer, as defined in
subdivision (e), of real property, of the mechanical, electrical, or
plumbing systems or the structural and essential components of a
residential dwelling of one to four units designed to identify
material defects in those systems, structures and components. "Home
inspection" includes any consultation regarding the property that is
represented to be a home inspection or any confusingly similar term.
(2) "Home inspection," if requested by the client, may include an
inspection of energy efficiency . Energy Efficiency items to be
inspected may include the following:
(A) A noninvasive inspection of insulation R-values in attics,
roofs, walls, floors, and ducts.
(B) The number of window glass panes and frame types.
(C) The heating and cooling equipment and water heating systems.
(D) The age and fuel type of major appliances.
(E) The exhaust and cooling fans.
(F) The type of thermostat and other systems.
(G) The general integrity and potential leakage areas of walls,
window areas, doors, and duct systems.
(H) The solar control efficiency of existing windows.
(b) A "material defect" is a condition that significantly affects
the value, desirability, habitability, or safety of the dwelling.
Style or aesthetics shall not be considered in determining whether a
system, structure, or component is defective.
(c) A "home inspection report" is a written report prepared for a
fee and issued after a home inspection. The report clearly describes
and identifies the inspected systems, structures, or components of
the dwelling, any material defects identified, and any
recommendations regarding the conditions observed or recommendations
for evaluation by appropriate persons.
(d) A "home inspector" is any individual who performs a home
inspection and meets the qualifications of Section 7195.5
(e) "Transfer" is a transfer by sale, exchange, installment land
sales contract, as defined in Section 2985 of the Civil Code, lease
with an option to purchase, any other option to purchase, or ground
lease coupled with improvements, of real property or residential
stock cooperative, improved with or consisting of not less than one
nor more than four dwelling units.
SEC. 2. Section 7195.5 is added to the Business and Professions
Code, to read:
7195.5. It is the intent of the Legislature to adopt minimum
qualifications for certification as a home inspector in California.
Home inspectors in California are not licensed. They are regulated under Business & Professions Code 7195 et seq. This law first came into effect in 1997, as a result of SB 258 in the 1995-1996 legislative session. The CCHI supported SB 258, and helped gain several important features of the bill to benefit the inspection profession. The B&P code was modified in 2001 (effective January 1, 2002) to include energy audits as an optional component of a home inspection. These changes were the result of AB 1574 which originally would have mandated inspectors to perform these audits. Fortunately, CCHI was able to influence the bill so the audit is not mandatory.
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