CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2750Introduced by Assembly Member ObernolteFebruary 16, 2018 An act to amend Section 7195 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTAB 2750, as introduced, Obernolte. Home inspectors. Existing law regulates persons who perform home inspections for a fee in connection with a property transfer, as defined. Existing law defines terms related to home inspections, establishes a standard of care for home inspectors, and declares that certain activities by a home inspector or a company that employs a home inspector constitute unfair business practices.This bill would make a nonsubstantive change to this definition provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe 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 shall 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) In connection with the transfer, as defined in subdivision (e), of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped.(3) 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. In a dwelling with a pool or spa, the report shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features.(d) A home inspector is any individual who performs a home inspection.(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.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2750Introduced by Assembly Member ObernolteFebruary 16, 2018 An act to amend Section 7195 of the Business and Professions Code, relating to professions and vocations. LEGISLATIVE COUNSEL'S DIGESTAB 2750, as introduced, Obernolte. Home inspectors. Existing law regulates persons who perform home inspections for a fee in connection with a property transfer, as defined. Existing law defines terms related to home inspections, establishes a standard of care for home inspectors, and declares that certain activities by a home inspector or a company that employs a home inspector constitute unfair business practices.This bill would make a nonsubstantive change to this definition provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2750
Introduced by Assembly Member ObernolteFebruary 16, 2018
Introduced by Assembly Member Obernolte
February 16, 2018
An act to amend Section 7195 of the Business and Professions Code, relating to professions and vocations.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2750, as introduced, Obernolte. Home inspectors.
Existing law regulates persons who perform home inspections for a fee in connection with a property transfer, as defined. Existing law defines terms related to home inspections, establishes a standard of care for home inspectors, and declares that certain activities by a home inspector or a company that employs a home inspector constitute unfair business practices.This bill would make a nonsubstantive change to this definition provision.
Existing law regulates persons who perform home inspections for a fee in connection with a property transfer, as defined. Existing law defines terms related to home inspections, establishes a standard of care for home inspectors, and declares that certain activities by a home inspector or a company that employs a home inspector constitute unfair business practices.
This bill would make a nonsubstantive change to this definition provision.
## Digest Key
## Bill Text
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 shall 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) In connection with the transfer, as defined in subdivision (e), of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped.(3) 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. In a dwelling with a pool or spa, the report shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features.(d) A home inspector is any individual who performs a home inspection.(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.
The people of the State of California do enact as follows:
## 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 shall 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) In connection with the transfer, as defined in subdivision (e), of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped.(3) 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. In a dwelling with a pool or spa, the report shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features.(d) A home inspector is any individual who performs a home inspection.(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.
SECTION 1. Section 7195 of the Business and Professions Code is amended to read:
### SECTION 1.
7195. For purposes of this chapter, the following definitions shall 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) In connection with the transfer, as defined in subdivision (e), of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped.(3) 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. In a dwelling with a pool or spa, the report shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features.(d) A home inspector is any individual who performs a home inspection.(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.
7195. For purposes of this chapter, the following definitions shall 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) In connection with the transfer, as defined in subdivision (e), of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped.(3) 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. In a dwelling with a pool or spa, the report shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features.(d) A home inspector is any individual who performs a home inspection.(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.
7195. For purposes of this chapter, the following definitions shall 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) In connection with the transfer, as defined in subdivision (e), of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped.(3) 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. In a dwelling with a pool or spa, the report shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features.(d) A home inspector is any individual who performs a home inspection.(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.
7195. For purposes of this chapter, the following definitions shall 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) In connection with the transfer, as defined in subdivision (e), of real property with a swimming pool or spa, an appropriate inspection shall include a noninvasive physical examination of the pool or spa and dwelling for the purpose of identifying which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped.
(3) 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. In a dwelling with a pool or spa, the report shall identify which, if any, of the seven drowning prevention safety features listed in subdivision (a) of Section 115922 of the Health and Safety Code the pool or spa is equipped with and shall specifically state if the pool or spa has fewer than two of the listed drowning prevention safety features.
(d) A home inspector is any individual who performs a home inspection.
(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.