BILL NUMBER: AB 1809	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2010
	AMENDED IN ASSEMBLY  MARCH 24, 2010
	AMENDED IN ASSEMBLY  MARCH 15, 2010

INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 10, 2010

   An act to  amend Section 7195 of, and to add Section
7195.1 to,   add Chapter 9.4 (commencing with Section
7199.5) to Division 3 of  the Business and Professions Code,
relating to home inspections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1809, as amended, Smyth. Home inspections: energy audits.
   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, as defined, with the degree
of care that a reasonably prudent home inspector would exercise.
Existing law provides that a home inspection may include an
inspection of energy efficiency, if requested by the client. Under
existing law, a home inspection report is a written report consisting
of specified information that is prepared for a fee and is issued
after a home inspection.
   Existing law, the Warren-Alquist State Energy Resources
Conservation and Development Act, requires the State Energy Resources
Conservation and Development Commission to establish specified
standards related to a statewide home energy rating program for
residential dwellings, known as the Home Energy Rating System (HERS)
program.
   This bill would authorize a home inspection to include  , if
requested by the client, an inspection of energy efficiency or 
a HERS home energy audit. If the client requests a HERS home energy
audit, the bill would require the home inspection report to include
certain additional specified information. The bill would declare the
intent of the Legislature that a HERS audit may, at the request of
the client, be performed  duri   ng escrow  by a
 home inspector who is  HERS  home energy 
certified  home inspector  .
   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.    Chapter 9.4 (commencing with Section
7199.5) is added to Division 3 of the   Business and
Professions Code   , to read:  
      CHAPTER 9.4.  HOME ENERGY RATING SYSTEM (HERS) HOME INSPECTIONS


   7199.5.  (a) All home inspections, including those defined in
paragraph (1) of subdivision (a) of Section 7195, may, if requested
by the client, include an inspection of energy efficiency or a Home
Energy Rating System (HERS) California home energy audit established
by Section 25942 of the Public Resources Code.
   (b) If the client requests a HERS California home energy audit
established by Section 25942 of the Public Resources Code, the HERS
California home inspection report or the home inspection report
defined in subdivision (c) of Section 7195 shall, at a minimum, also
include all of the following information:
   (1) An overview of how the home works as a system and how to
prioritize actions.
   (2) Quality installation of heating, ventilating, and
air-conditioning (HVAC) equipment including proper sizing of
equipment, duct sealing, and refrigerant charge and air flow.
   (3) Quality building envelope air sealing and proper levels of
insulation.
   (4) An overview of ENERGYSTAR or better products and appliances.
   (5) Information regarding access to a comprehensive home energy
audit.
   (6) Nonenergy benefits of improving the energy efficiency of the
home including reduction of carbon emissions.
   (7) A general statement regarding opportunities to improve the
thermal envelope, mechanical equipment, lighting, and appliances in
the home.
   (8) A general discussion of concerns regarding combustion safety.
   7199.7.  It is the intent of the Legislature that a Home Energy
Rating System (HERS) California home energy audit may, at the request
of the client, be performed during escrow by a home inspector who is
HERS certified.  
  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 or a Home Energy Rating System (HERS)
California home energy audit established by Section 25942 of the
Public Resources Code. 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.
   If the client requests a HERS California home energy audit
established by Section 25942 of the Public Resources Code, the HERS
California home inspection report, at a minimum, shall also include
all of the following information:
   (1) An overview of how the home works as a system and how to
prioritize actions.
   (2) Quality installation of heating, ventilating, and
air-conditioning (HVAC) equipment including proper sizing of
equipment, duct sealing, and refrigerant charge and air flow.
   (3) Quality building envelope air sealing and proper levels of
insulation.
   (4) An overview of ENERGY STAR or better products and appliances.
   (5) Information regarding access to a comprehensive home energy
audit.
   (6) Nonenergy benefits of improving the energy efficiency of the
home including reduction of carbon emissions.
   (7) A general statement regarding opportunities to improve the
thermal envelope, mechanical equipment, lighting, and appliances in
the home.
   (8) A general discussion of concerns regarding combustion safety.
   (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.  
  SEC. 2.    Section 7195.1 is added to the Business
and Professions Code, to read:
   7195.1.  It is the intent of the Legislature that a Home Energy
Rating System (HERS) California home energy audit may, at the request
of the client, be performed during escrow by a home inspector who is
HERS certified.