Suggestions for consideration regarding written inspection ...



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Providing Consulting, Resource, and Networking Support Services to Professional Home Inspectors

“A candle loses no light when it lights another candle.”

DRAFT COPY

NOT INTENDED FOR USE, DISTRIBUTION, OR PUBLICATION

THIS WRITTEN WORK PRODUCT IS NOT INTENDED AS OR REPRESENTED AS LEGAL ADVICE OR LEGAL OPINION OF ANY KIND WHATSOEVER NOR IS IT TO BE CONSIDERED OR CONSTRUED AS SUCH. DO NOT USE ANY OF THIS MATERIAL IN ANY MANNER WITHOUT PRIOR DISCUSSION WITH AND REVIEW AND APPROVAL BY A COMPETENT ATTORNEY!

5 PAGES

AMENDED: 10/24/05

“Addressing the Topic of Mold in Written Inspection Reports”

The following draft material is provided for consideration as a possible method of addressing the problem that home inspectors are encountering on an increasingly regular basis regarding customers who mistakenly believe that inspectors are or should be responsible for detecting and reporting on mold. This material, while based on my experience, simply reflects my opinion and point of view that it’s better to provide customers with information than to simply try to ignore the issue and hope that your existing written documents and the your standards will suffice.

If it is your intention and desire to provide customers with useful information about the possible presence of mold or other bio-organic growth while at the same time clearly excluding any inspection or testing for bio-organic growth, it may be useful to include report language which will do both. In my opinion this kind of information may be most effective when it appears in the inspection contract rather than in some other portion of the written report document where it may only make some section longer and, therefore, potentially more intimidating. The following is taken from the ProSpex document titled “Prototype Inspection Contract, Description of Services, General Information, Report Glossary, and Elective Upgrade Information”:

Except pursuant to separate contract(s), excluded is any inspection of any systems or items not specifically included in this Contract, in the Inspection Report and in the (here insert the title of the appropriate standard of practice) including but not limited to the following: any information pertaining to manufacturers’ recalls of any component or equipment or “class action” litigation or settlements against contractors or manufacturers, the presence or absence of insects or other pests, low-voltage systems, swimming pools, saunas, spa (hot tub), or hydromassage systems, electrostatic precipitators or electronic air filters or cleaners; septic systems, any component or system which is underground, private water systems or equipment, wells and well pumps, cisterns, ponds, fountains, water quality or volume, water conditioning systems, household appliances, elevators, lifts, dumbwaiters, audio and video systems, central vacuum systems, fencing or yard walls or gates, landscaping, landscape or other irrigation systems, active and passive solar space or water heating systems, photovoltaic systems, soils, security systems, fire or smoke detection, warning, alarm, or suppression systems; window and door screening, awnings, retaining walls, and any evaluation of or inspection or testing for the presence or absence of any toxic, hazardous, or dangerous substances including but not limited to mold, bacteria, asbestos, lead, and radon or other gases. In the event that the Inspection Report or the Inspector supplies any information about any of the forgoing, this information shall be deemed to be informational only and supplied as a courtesy to the Customer, and shall not be deemed to be an amendment to or waiver of the foregoing exclusions.

*PROSPEX IS A SERVICEMARK OF KEVIN M. O’HORNETT dba PROSPEX

COPYRIGHT 12/04 PROSPEX

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The concept is to be able to provide additional information that may reduce the potential demands and claims based on the actual or suspected presence of mold without unduly alarming the customer or creating problems where problems may not exist. If a customer discovers mold subsequent to the inspection, an inspector can point out that this information was available to them in the original report.

In verbal discussions with customers it may be useful to mention that the report contains both the information developed in the course of the inspection as well as additional general information to assist them in better understanding and maintaining their home.

Determining the presence or absence of pests, wood damaging organisms, rodents, insects, any suspected hazardous substance including but not limited to toxins, fungus, molds, mold spores, carcinogens, noise, contaminants in soil, water, and air is excluded from inspections performed in accordance with Section 3 “SYSTEM: GENERAL LIMITATIONS AND EXCLUSION,” Sub-Sections 3.2, A, 9 and 3.2, B, 7 of the Arizona Standards. It still may be useful to provide information on radon gas, asbestos, pressure treated lumber, wood boring insects, etc. in a general information section as it’s developed.

The following language is offered for consideration for inclusion in a “General Information” section of the written report.

When this report notes any condition which indicates the past or current presence of moisture, active leaks, or the potential for moisture intrusion including but not limited to any of the conditions listed below, it is important to understand that these conditions may contribute to the creation of environments which have the potential to support bio-organic growth such as mold and mildew. However, the presence of any of such conditions DOES NOT necessarily indicate that mold or mildew IS OR IS NOT present at the subject property.

• Visible rot, damage, or staining consistent with the presence of moisture on or in any interior or exterior building component

• The presence of moisture (whether in the form of dampness, condensation, or standing water) on interior or exterior building surfaces or components, in soil adjacent to the building, in under-building crawlspaces, or in attic spaces

• The presence of staining which is consistent with past or present moisture on any interior or exterior surfaces or components

• Damaged, loose, or missing exterior surface moisture collection and discharge system components

• Flat or negative exterior site grading, planter boxes or other moisture trapping construction or areas adjacent to the foundation perimeter

• Flat or negatively sloped concrete flatwork; pavers, flagstone, or other water-impervious material flatwork; or paving; adjacent to the foundation perimeter

• Leaking, damaged, or improperly assembled potable water piping or fittings

• Damage to or mineral encrustation, rust, or moisture staining on water heaters, boilers or their related components

• Mineral encrustation, rust, or moisture staining on potable water supply or distribution piping, fittings, or related components

• Leaking, damaged, or improperly assembled plumbing drain, waste and venting piping or fittings

COPYRIGHT 12/04 PROSPEX

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• Mineral encrustation, rust, or moisture staining on plumbing drain, waste, and venting piping, fittings, or related components

• Damaged, loose, or improperly installed plumbing fixtures

• Damaged, improper, or missing seals at plumbing fixtures, fixture trim, or fixture enclosures

• Damaged, loose, or missing bathtub enclosure or shower enclosure components

• Improper or missing roof, penetration, exterior wall, opening, deck, foundation, or other flashings

• Rust, staining, or mineral encrustation on air handling system components, air-conditioner condensate collection and discharge system components, or on evaporative cooling system components

• Damaged, missing, or improperly installed or assembled air-conditioning system condensate collection or discharge components or evaporative cooling system cabinet, reservoir, water supply or overflow components

• The presence of central humidification systems which are attached to the conditioned air distribution ductwork, to air handlers, or to central heating plants/furnaces; rust, mineral encrustations, or moisture staining on such systems; or damaged or loose permanently attached central humidifiers

• The presence of evaporative cooling equipment and evaporative cooling system air distribution ductwork

• Damaged, missing or improperly installed or assembled combustion by product venting system components serving natural gas-fired, liquefied petroleum gas-fired, or oil-fired components

• Damaged, obstructed, loose, missing, or improperly assembled or installed clothes dryer venting components

• Damaged, loose, missing, or improperly assembled or installed bathroom, laundry area, or kitchen ventilation fan duct system components

• Damaged, missing, or improperly installed roof covering materials

• Improper or missing ventilation or vapor retarders in walls, floors, attic areas or under building crawlspaces

• Standing water in subsurface water collection sump pits.

This information is intended only as a guide. The scope of this inspection and report and the standards in accordance with which this inspection is conducted specifically exclude determining the presence or absence of any hazardous substance. This includes, but is not limited to, determining, testing for, and/or reporting on the presence or absence of any exposed or contained airborne, waterborne or surfaceborne environmental hazards or toxic, harmful, irritating, or dangerous chemicals or substances; mold, mildew or other bio-organic growth or bio-hazards; allergens, irritants, bacteria, viruses, fungi, mycotoxins, or other pathogens; animal excretions, dangerous, damaging, or poisonous animals or insects; toxic flora, gases including radon gas and formaldehyde gas; asbestos, lead in paint or any other products; urea formaldehyde foam insulation, petrochemicals, volatile organic substances or pesticides.

Therefore, if you have any concerns regarding any environmental or wildlife issues and/or desire to obtain information regarding the presence or absence of any environmental hazards or toxic or dangerous substances at the subject property, it is recommended that you retain the services of qualified individuals or companies specializing in the area or areas of your specific concern.

COPYRIGHT 12/04 PROSPEX

ALL RIGHTS RESERVED

The document on the following page is a contract addendum which addresses not only mold but also other environmental issues. Even though most home inspectors refer to a standard of practice which specifically excludes inspection for environmental issues and exclude such issues in their contracts as well, customers may still attempt to lay liability for environmental issues, particularly mold, on the inspector’s doorstep. While there is no way to guarantee that this will not continue, inspectors who are using this contract addendum have had no difficulty getting customers to initial it and have had no complaints regarding mold or threats of legal action regarding mold subsequent to their inspections. Remember, it’s wise to provide yourself with an additional layer of protection when you know your profession is taking an inordinate number of shots regarding a specific issue.

COPYRIGHT 12/04 PROSPEX

ALL RIGHTS RESERVED

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Providing Consulting, Resource, and Networking Support Services to Professional Home Inspectors

“A candle loses no light when it lights another candle.”

DRAFT COPY

NOT INTENDED FOR USE, DISTRIBUTION, OR PUBLICATION

THIS WRITTEN WORK PRODUCT IS NOT INTENDED AS OR REPRESENTED AS LEGAL ADVICE OR AS A LEGAL OPINION OF ANY KIND WHATSOEVER, NOR IS IT TO BE CONSIDERED OR CONSTRUED AS SUCH. DO NOT USE ANY OF THIS MATERIAL IN ANY MANNER WITHOUT PRIOR DISCUSSION WITH AND REVIEW AND APPROVAL BY A COMPETENT ATTORNEY!

AMENDED: 10/23/05

1 PAGE

Home Inspection Contract Addendum

________________________________

________________________________

SUBJECT PROPERTY

I understand and agree to the following:

1. Specifically excluded from this home inspection and home inspection report are any inspections for, sampling of, testing of, or analysis of any suspected harmful, dangerous, or toxic substances or materials or environmental hazards including but not limited to: mold or other bio-aerosols, radon or other gases, lead, asbestos or other non-biological airborne particulates or in situ materials, waterborne, airborne, or soil borne materials or contaminants, volatile organic materials, petroleum products or petrochemicals, radioactive materials, non-ionizing electromagnetic radiation, or plant, animal, or insect secretions or excretions.

2. That if I desire to obtain information regarding the presence of any environmental hazards or harmful, dangerous, or toxic substances or materials, it is solely my responsibility to contact and engage the services of qualified individuals or companies that specialize in the areas of my specific interest or concern. Such qualified individuals or companies may include, but are not limited to, those specializing in geo-technical engineering; moisture testing; environmental surveying, testing, and analysis; industrial hygiene; mold testing and analysis; and radon gas testing.

3. That I will indemnify and hold harmless (company name), and its agents, employees, and inspectors for the presence of any environmental hazards and any harmful, dangerous, or toxic substances or materials at the subject property as well as for any and all damages and liability for any mitigation, construction, or any other costs associated with the presence of any such hazards or substances or materials.

4. In the event that the Inspection Report or oral statements made by the Inspector supply any information about any of the forgoing, this information shall be deemed to be informational only and supplied as a courtesy to the Customer, and shall not be deemed to be an amendment to or waiver of the foregoing exclusions.

By initialing in the space indicated, I agree to the all of the terms and conditions as specified above in this home inspection contract addendum.

CUSTOMER’S _____________________________

INITIALS DATE

*PROSPEX IS A SERVICEMARK OF KEVIN M. O’HORNETT dba PROSPEX

COPYRIGHT 1/05 PROSPEX

ALL RIGHTS RESERVED

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