BILL NUMBER: AB 1809 AMENDED
BILL TEXT
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, 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 a HERS home
energy audit , and to . If the client
requests an inspection of energy efficiency or 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 by a 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. 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, in addition to a "home inspection," the client requests an
inspection of energy efficiency or a HERS California home energy
audit established by Section 25942 of the Public Resources Code, the
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) 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) General statement regarding opportunities to improve the
thermal envelope, mechanical equipment, lighting, and appliances in
the home.
(8) 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 may
be performed by a home inspector that is HERS certified.