home inspectors are not code inspectors!
Building Codes, such as the International Building Code, the International Residential Code, the International Existing Building Code, National Electric Code, International Plubming Code, along with any additional code that is applicable to the local city, town, county, parish or state there the building is located, provides a set of requirements, restrictions, etc. that are designed to protect the safety of the occupants of the building.
Simply put, without codes, it would be one person’s opinion vs another person’s opinion on what is the “right” way to build. This would, of course, create quite a bit of chaos in the construction, real estate and related industries.
Louisiana’s Standards of Practice states “Home inspectors are not required to inspect or report on: compliance or non-compliance with codes, ordinances, statutes, regulatory requirements, special utility, insurance or restrictions”
Mississippi’s Standards of Practice states “The inspector is NOT required to determine: compliance of systems and components with past and present requirements and guidelines (codes, regulations, laws, ordinances, specifications, installation and maintenance instructions, use and care guides, etc.)”
So, what does this mean? Does a home inspector need to know codes? Why are these exclusions in the language of both Louisiana’s and Mississipi’s Standards of Practice for a home inspection?
Like many other areas of government, code enforcement is a regulated activity. The license that is required to be a home inspector does not provide any authority to enforce “code”. Similar to condemnation, building codes are enforced by local authorities, not home inspectors. This creates a “gray-area” for the home inspector, where they may have the knowledge and experience to identify code related deficiencies, they have no authority to enforce them. Becuase of this, there is actually a potential liability issue for a home inspector to cite code in their inspection report. This is why the Home Inspector Standards of Practice specifically state that the inspector is not required to report on code compliance.
Now, we all know knowledge is power, so familiarity with code can certainly make an inspector better at what they do. For instance, there are code requirements for where a hole, and how big of a hole in the structural members of a home. If an inspector finds that a homeowner, or their “contractor friend” cut into the rafters to install an evaporator coil and air handler, along with new ducts, it would be beneficial for the inspector to know what is acceptable, and what is not. It is not necessary to cite “code”, but simply to report that it is “wrong”.
The comment from a home inspector may read something like this:
“Improper modification has been performed to 3 rafters on the eastern hip roof, as viewed from the attic space. These 3 rafters have been notched approximately 1/3 of their depth in the middle third of the rater. This is a deficiency, as standard construction practices allow for cuts only 1/6 the depth of a structural member, and should not be located within the middle third of the rafter. Recommend evaluation and correction by a licensed contractor.”
At first glance, this may look like the inspector has “pawned” this off to someone else. But they have actually referred you to someone who should (required to) know and abide by the applicable code in the work that they perform. The inspector has given you detailed information to provide to a licensed contractor.
So, in summary, a Home Inspector is NOT a Code Inspector. Your home inspector may or may not be able to cite the “code” they are referring to, but this is not a red flag. They have either learned through legal action, or have been trained, to specifically NOT cite code in their written reports. They should have a working knowledge of the applicable code for the jurisdication, and should report on deficiencies that are not in line with the standards of construction in effect in that area.
