New Laws going into Effect January 2019 for California Home Inspectors

New Laws going into Effect January 2019 for California Home Inspectors, make sure you’re aware and ready!

I received an email from CREIA and became aware of more new laws that California Home Inspectors should be aware of, hadn’t ready anything here so wanted to share. Thanks CREIA!

Irrigation inspections, balcony inspections and CSST inspection items have changed in scope per our laws.

AB 2371 [Carrillo] - Outdoor Landscape Irrigation Inspections
Substantive Provisions - this bill as originally introduced would have required every home inspection to include a detailed and specified irrigation inspection. Through the efforts of CREIA the bill was amended to make the irrigation inspection voluntary rather than mandatory.
Status: The bill has been signed into law and goes into effect January 1, 2019.

SB 998 [Galgiani] - CSST Piping
Substantive Provisions - the bill requires a home inspector who observes any shade of yellow corrugated stainless steel tubing during a home inspection to include a specified notice in the home inspection report. Through the efforts of CREIA a statement regarding the liability of the home inspector was added to the bill.
Status: The bill has been signed into law and goes into effect January 1, 2019.

SB 721 [Hill] - Balcony Inspections
Substantive Provisions - the bill requires an inspection of exterior elevated elements and associated waterproofing elements, including decks and balconies, for buildings with 3 or more multifamily dwelling units by a licensed architect, licensed civil or structural engineer, a building contractor holding specified licenses, or an individual certified as a building inspector or building official.
Status: The bill has been signed into law and goes into effect January 1, 2019.

SB 993 [Hertzberg] - Tax on Services
Substantive Provisions - the bill remains in a form that is of concern to CREIA. It would impose a tax on the receipt of a benefit in this state of a service that is purchased by a qualified business from any retailer, as measured by a percentage of the sales price for the service. This bill would incrementally increase the rate of the tax every calendar year until January 1, 2022, at which time the rate would be 3%.
Status: the bill was not enacted into law

AB 1289 [Arambula] - Real Property Disclosure Requirements
Substantive Provisions - the bill makes many changes to existing Real Estate law. The bill does not impact the home inspection community but is of interest because it impacts the Real Estate Community and how they conduct business.
Status: The bill has been signed into law and goes into effect January 1, 2019.

AB 2485 [Chau] - Code enforcement: Financially Interested Parties.
Substantive Provisions - Existing law provides for code enforcement officers employed by cities and counties who have enforcement authority for health, safety, and welfare requirements. This bill would prohibit a local official, as defined, who inspects a commercial property or business for compliance with a state statute or regulation or local ordinance from being accompanied during the inspection by a person with a potential financial interest in the outcome of the inspection, with some qualifications. The bill contains other provisions as well.
Status: The bill has been signed into law and goes into effect January 1, 2019.

AB 3002 [Grayson] - Disability Access Requirements: Information.
In addition to existing law, this bill additionally requires the local jurisdictions issuing building permits for commercial construction or business licenses to make available a notice containing specified information regarding disability access. The bill would also require a local agency to provide the informational notice to an applicant for a commercial building permit or a business license. There are other provisions contained within the bill.
Status: The bill has been signed into law and goes into effect January 1, 2019.

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Thank you Tim, CREIA and this one thread we have here on the message board, for helping keep us California inspectors informed on what is happening in our state.

This one concerns me the most. Because checking irrigation can be simple, or complex. But more than that, it’s very time-consuming. This could easily add an hour to even a modest home.

If I’m not charging a huge fee for this, then it’s a waste of time.
But if I do charge a huge extra fee, then I’m a rear-end who charges too much.

And then, as a homeowner with an irrigation system, I know just because it works fine one day doesn’t mean it works fine tomorrow. I have bin full of irrigation parts from constantly doing repairs. Dogs, people, dirt, lawn mowers can alter, clog, knock over sprinkler heads. So anything report could be invalid the next day.

SB 998 [Galgiani] - CSST Piping - This one doesn’t change anything, IMHO, other than updating my template to use the specific wording required.

Just stupid that even an electrician bonded it perfectly the day before, we still have to use the same comment as if it’s not been done.

SB 721 [Hill] - Balcony Inspections - This one a bit confusing. Are we as home inspectors considered ok to do this, or are we not?

It is this an automatic referral out?

SB 993 [Hertzberg] - Tax on Services This one has been introduced many times. Hertzberg has been trying to get his one passed for years, and even though every year the bill is defeated, he tries and tries again.

The good news is CAR is very against this, and CAR has a ton of influence. There is a rumor floating around the next version might have a provision to exclude certain aspects (or all aspects) of a real estate transaction to get CAR off their back.

Thanks everyone for sharing

“SB 998 [Galgiani] - CSST Piping
Substantive Provisions - the bill requires a home inspector who observes any shade of yellow corrugated stainless steel tubing during a home inspection to include a specified notice in the home inspection report. Through the efforts of CREIA a statement regarding the liability of the home inspector was added to the bill.
Status: The bill has been signed into law and goes into effect January 1, 2019.”

The SB is 988 not 998. And it refers to CSST only and not flexible gas lines typically used at water heaters, ranges and furnaces. It is not requiring that the flexible gas lines be bonded.

Hello,

Great stuff and thank you for the updates. Here is some information regarding how you pay your inspectors. If you pay by only a percentage, you should consult your HR expert.

AB 1513 - Piece-Rate Compensation - FAQs

Cheers!

Comments from Texas.

In Texas “most” CSST has a red face on the gas meter. Not always; just a clue. Miss the red good as dead. However, I do not know if you have to inspect the gas meter in CA.

I see the material often but know inspectors who do not recognize it. The “Standard of Care” pretty much means “if you miss it you own it”. That, IMO, was the intention of the CSST industry when they lobbied many states for home inspectors to report it. Be careful. If an inspector misses it and there is a death it could be manslaughter and prison. The HI can think of the CSST execs at their beach homes or the retired muni inspector enjoying a pension while the sentence is served.

The law states: “If a home inspector observes any shade of yellow corrugated stainless steel tubing” and “For purposes of this section, “corrugated stainless steel tubing” means a flexible, stainless steel pipe”.

Imagine a defense lawyer asking the plaintiff expert “now what color is this here shiny stainless steel tubing? Here, wait, let me move this yaller plastic so you can see the corrugated stainless steel tubing. Now . . what color is this here shiny corrugated stainless tubing?” “Silver ya say? Does it look golden?” “No?” “Does it look yaller like this plastic?” “No”. “Hmmmm what does corrugated mean?” “Is this here shiny metal corrugated or is this here yaller plastic corrugated”. “Hmmmm”. “OK now, have you ever seen any shade of yaller stainless steel gas pipe?” “No?” “Have you ever seen black gas pipe?” “Is this here black plastic covered shiny silver corrugated stainless steel tubing considered black pipe?” No?" “Well heck isn’t that plastic cover black?” “So if the black plastic cover is not black pipe then the yaller plastic cover is not yaller gas pipe?”

The jury would say “The dumb a*& hick lawyer makes sense but s%^& that inspector, someone has to pay”.

I wondered if the reason professional services are not taxed is that lawyers would have to pay tax and a lot of legislators are lawyers. No gives a hoot about the revenue inspectors generate, relatively speaking. I have no clue if CA lawyers have to charge a tax.

What should we specify in the report about CSST piping? Can you share your template comment please?

The California Corrugated Stainless Steel Tubing Act - IM Home Inspection