Results 1 to 6 of 6
  1. #1
    Join Date
    Sep 2008
    Location
    so so, California
    Posts
    1,863

    Default New CA law stuff

    7195.5.

    (a) For purposes of improving landscape water use and irrigation efficiency, a home inspection report on a dwelling unit prepared pursuant to this chapter on a parcel containing an in-ground landscape irrigation system, the operation of which is under the exclusive control of the owner or occupant of the dwelling, may include an irrigation system inspection report, prepared by either a home inspector or certified landscape irrigation auditor, that contains all of the following:
    (1) Examination of the irrigation system controller, if present, noting observable defects in installation or operation, or both.
    (2) Activation of each zone or circuit providing irrigation water to turf grass, noting malfunctions observed in the operation of each of the following:
    (A) The irrigation valve.
    (B) Visible irrigation supply piping.
    (C) Sprinkler heads and stems.
    (3) During activation of the system pursuant to paragraph (2), observation of any of the following during the period of operation, in minutes, specified in the report:
    (A) Irrigation spray being directed to hardscape.
    (B) Irrigation water leaving the irrigated area as surface runoff.
    (C) Ponding of irrigation water on the surface of the irrigated area.
    (4) Notation whether inspection is limited due to snow, ice, or other site conditions that impede an inspection.
    (b) Notwithstanding any other law, a sanction or penalty regarding prohibited hours, days, or effects of operation of a landscape irrigation system shall not be levied upon either the home inspector, the landscape irrigation auditor, the occupant, or the owner of a property by any state or local agency or water purveyor as a consequence of the operation of a landscape irrigation system for the purpose of an irrigation system inspection carried out under this section.
    (c) A home inspector is encouraged to provide information or access to information regarding water-efficient landscape irrigation systems within the home inspection report.
    (d) To the extent funds are available, the Department of Water Resources, in consultation with the California Real Estate Inspection Association and the Department of Housing and Community Development, shall compile an estimate of the number of properties for which an irrigation system inspection report has been prepared each year, beginning with 2018, for inclusion in an update to the California Water Plan.
    (Added by Stats. 2018, Ch. 867, Sec. 3. (AB 2371) Effective January 1, 2019.)
    7196.

    It is the duty of a home inspector 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.
    (Added by Stats. 1996, Ch. 338, Sec. 2. Effective January 1, 1997.)
    7196.1.

    (a) Nothing in this chapter shall be construed to allow home inspectors who are not registered engineers to perform any analysis of the systems, components, or structural integrity of a dwelling that would constitute the practice of civil, electrical, or mechanical engineering, or to exempt a home inspector from Chapter 3 (commencing with Section 5500), Chapter 7 (commencing with Section 6700), Chapter 9 (commencing with Section 7000), or Chapter 14 (commencing with Section 8500) of Division 3.
    (b) This chapter does not apply to a registered engineer, licensed land surveyor, or licensed architect acting pursuant to his or her professional registration or license, nor does it affect the obligations of a real estate licensee or transferor under Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4 of Part 3 of Division 2 of, or Article 2 (commencing with Section 2079) of Chapter 3 of Title 6 of Part 4 of Division 3 of, the Civil Code.
    (Added by Stats. 1996, Ch. 338, Sec. 2. Effective January 1, 1997.)
    7196.2.

    (a) If a home inspector observes any shade of yellow corrugated stainless steel tubing during a home inspection, the home inspector shall include that observation, and the following notification, in the home inspection report:


    ?Manufacturers of yellow corrugated stainless steel tubing believe that yellow corrugated stainless steel tubing is safer if properly bonded and grounded as required by the manufacturer?s installation instructions. Proper bonding and grounding of this product can only be determined by a licensed electrical contractor.?


    (b) For purposes of this section, ?corrugated stainless steel tubing? means a flexible, stainless steel pipe used to supply natural gas and propane in residential, commercial, and industrial structures.
    (c) The degree of care specified in Section 7196 shall be used in determining whether a home inspector has complied with the requirements of subdivision (a).
    (Added by Stats. 2018, Ch. 225, Sec. 2. (SB 988) Effective January 1, 2019.)


    Similar Threads:
    OREP Insurance

  2. #2
    Join Date
    Mar 2007
    Location
    Santa Rosa, CA
    Posts
    3,051

    Default Re: New CA law stuff

    Thanks Marc, I was unaware of the landscaping one.

    Quote Originally Posted by Marc M View Post
    7195.5.
    ... occupant of the dwelling, may include an irrigation system inspection report, prepared by...


    The key to the entire first section is "may". An assessment of the irrigation system is not required.

    Quote Originally Posted by Marc M View Post
    7196.2
    (a) If a home inspector observes any shade of yellow corrugated stainless steel tubing during a home inspection, the home inspector shall include that observation, and the following notification, in the home inspection report:

    "Manufacturers of yellow corrugated stainless steel tubing believe that yellow corrugated stainless steel tubing is safer if properly bonded and grounded as required by the manufacturer's installation instructions. Proper bonding and grounding of this product can only be determined by a licensed electrical contractor."

    (b) For purposes of this section, "corrugated stainless steel tubing" means a flexible, stainless steel pipe used to supply natural gas and propane in residential, commercial, and industrial structures.
    The new CSST regulation has been debated thoroughly in the CREIA forums and, unfortunately, CREIA either was not brought in or did not have much say in drafting the law (same with the pool barrier law). Most of us feel that this wording is wishy-washy and stronger wording really would have been in order. Personally, I am going to use the required wording, but will also add my thoughts as well as make the same comment about any CSST, not just yellow-jacketed.

    Last edited by Gunnar Alquist; 01-16-2019 at 10:37 AM.
    Department of Redundancy Department
    http://www.FullCircleInspect.com/

  3. #3
    Join Date
    Sep 2008
    Location
    so so, California
    Posts
    1,863

    Default Re: New CA law stuff

    Quote Originally Posted by Gunnar Alquist View Post
    Thanks Marc, I was unaware of the landscaping one.



    The key to the entire first section is "may". An assessment of the irrigation system is not required.



    The new CSST regulation has been debated thoroughly in the CREIA forums and, unfortunately, CREIA either was not brought in or did not have much say in drafting the law (same with the pool barrier law). Most of us feel that this wording is wishy-washy and stronger wording really would have been in order. Personally, I am going to use the required wording, but will also add my thoughts as well as make the same comment about any CSST, not just yellow-jacketed.
    AFA the irrigation law, ya i saw the "may" wording. Lame, why put it in there to begin with?
    Im with you on the CSST, keep with the law verbiage but add some CYA etc....


  4. #4
    Join Date
    Mar 2017
    Location
    California
    Posts
    163

    Default Re: New CA law stuff

    Right Gunnar, it says we may/can inspect inground irrigation systems and include them in the report, or not. I would think the inspection fee should reflect the extra time and effort involved. Easy enough inspection for me because I have 15 year background in landscaping. It is not difficult to figure out without any training or background. But I would charge extra for doing it because it is usually not within the normal scope of home inspection.


  5. #5
    Join Date
    Mar 2007
    Location
    Plano, Texas
    Posts
    4,245

    Default Re: New CA law stuff

    Looks like the best thing about this is the statutory exemption of fines for violating watering restrictions. But hey, I'm in Texas and don't have a dog in this fight.

    Jim Luttrall
    www.MrInspector.net
    Plano, Texas

  6. #6
    Join Date
    Mar 2007
    Location
    Santa Rosa, CA
    Posts
    3,051

    Default Re: New CA law stuff

    Quote Originally Posted by Elizabeth Chambers View Post
    Right Gunnar, it says we may/can inspect inground irrigation systems and include them in the report, or not. I would think the inspection fee should reflect the extra time and effort involved. Easy enough inspection for me because I have 15 year background in landscaping. It is not difficult to figure out without any training or background. But I would charge extra for doing it because it is usually not within the normal scope of home inspection.
    Eliz,

    Ya. The state of California also says I can comment on energy efficiency. I am not qualified to do that and wouldn't without reasonable compensation. If I see sprinkler valves and a timer, I tell my client that I don't check operation. I will look for leaks at the valves, but otherwise no. While I understand the water (as well as energy) usage issues, I don't feel that they are specific health & safety items and I am not willing to spend an additional hour running a test on an irrigation system that typically needs annual service (cleaning clogged emitters and sprinkler heads of gunk) anyway. If I were to do anything, I would recommend replacing the lawn with drought-resistant plants.

    Department of Redundancy Department
    http://www.FullCircleInspect.com/

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •