Basic Pool Inspection With Leaks Agreement

SCOPE OF INSPECTION

The pool/spa inspection is to be performed according to Florida Association of Building Inspectors (FABI) Standards of Practice.* This “Pool Inspection with Leak Detection” will be performed by Allstate Home Inspections (AHI) for the Client whose name appears on the last page of this contract. It is a non-invasive visual inspection, performed by a home inspector for the fee of only $250.00. This inspection is designed to locate leaks in the pool’s surface and to identify visible material defects in the pool’s components as they exist at the time of the inspection. The term material defect is defined as the presence of latent defects or material deferred maintenance of the pool/spa systems, components, or equipment. This definition specifically excludes deficiencies that are normally remedied during routine operating maintenance and, which generally do not represent a material defect of the pool or spa system. The audio portion of this pool inspection will include listening for and locating leaks at the drains, skimmers, returns, side suction, underwater lights, and structural cracks on the pool’s interior shell. The inspector will use a Geophone which is an electronic listening device that can detect the smallest leaks underwater. This inspection is not intended to be technically exhaustive. A Pool & Spa inspection does not include permit searches and is NOT a code inspection. The inspector may indicate a concern that is beyond the scope of the inspection. However, this does not in any way assume the inspection is being performed outside the FABI Standards of Practice. Inspector shall prepare an electronic inspection report for the sole use and benefit of the Client identified in this contract. Client agrees to read the entire contract and inspection report and promptly contact AHI with any questions or concerns Client may have regarding the pool inspection or the pool inspection report.

* See http://www.fabi.org/standards-of-practice for the current standards and practice applicable to this agreement.

This pool leak inspection does not include pressure testing of any underground or above ground pool plumbing. The State of Florida allows licensed home inspectors to perform audio inspections for leaks only on the inside of the pool.

Pool Leak Detection will include:

A. Listening for and locating leaks at the:
1. pool drains;
2. pool skimmers;
3. pool interior surface or structural cracks;
4. pool returns;
5. pool vacuum ports.

NOTE #1 – AHI does not perform pressure testing for leaks. We only perform audio inspections with a Geophone (underwater electronic listening device) for leaks at these 5 locations described above.

B The Inspector shall inspect:

  1. pool;
  2. spa;
  3. pool pumps;
  4. pool skimmers;
  5. pool filters;
  6. pool returns;
  7. pool lights;
  8. pool drains;
  9. pool drain covers;
  10. pool gauges;
  11. permanently installed ladders;
  12. permanently installed railing;
  13. visible piping;
  14. safety items such as child safe barrier provisions;
  15. pool shell’s interior finish materials;
  16. pool decks, steps and coping;
  17. water supply systems for cross connections;
  18. external bonding of the pump motors and blowers;
  19. visible conduit and electrical components;
  20. the operation of underwater lighting;
  21. ground fault circuit interrupters;
  22. basic timer assemblies;
  23. permanently installed handrails and ladders;
  24. for the presence of entrapment prevention components.

C The inspector will describe:

1. type of pool or spa examined, such as concrete, vinyl-line, fiberglass, etc.;
2. primary interior finish material;
3. type of filter;
4. type of child safe barrier provision;
5. energy source for heater (if present);
6. condition of visible portion of systems, structures, or components;
7. defective or unsafe pumps, heaters, filter housings, main drain covers;
8. mechanical and electrical connections;
9. missing or damaged safety barrier components;
10. pool decks, pavers, steps and coping

D The inspector will Report:

1. pool and spa finish condition, including pool shell cracks;
2. cracked, broken, or missing water tiles;
3. defective or unsafe pumps, heaters, filter housings, main drain covers;
4. missing or damaged safety barrier components around the pool;
5. excessive settlement of the pool deck;
6. inadequate drainage of the pool deck;
7. damaged pool decks, steps and coping.

As part of the inspection, the inspector will operate the systems using normal operating controls and open readily operable access panels provided by the manufacturer or installer for routine homeowner maintenance.

LIMITATIONS, EXCEPTIONS AND EXCLUSIONS: Excluded from this pool/spa inspection is any system, structure, or component of the pool/spa which is inaccessible, concealed from view, or cannot be inspected due to circumstances beyond the Inspector’s control, or which Client has agreed is not to be inspected. The following are excluded from the scope of this pool/spa inspection. The following inspections are considered “Technical Pool Inspections,” which would require specialized knowledge and/or a fee which exceeds the consideration paid to AHI for this basic pool inspection. All the following exclusions require a licensed contractor and are not available from AHI. Please read the following exclusions carefully as you need an additional quote from such a licensed contractor, or specialist, to address any of these concerns you may have.

A. General Exclusions: Items that are not within the scope of this Basic Pool Inspection.

Pursuant to a Basic Pool Inspection Agreement and the consideration paid for same, AHI will not:

  • determine the structural integrity of the pool;
  • determine adequacy of pool or spa jet water force or bubble effect;
  • evaluate thermostat(s) or their calibration, heating elements, chemical dispensers, water chemistry or conditioning devices, chlorine generators, low voltage or computer controls, remote controls, timers, filter medium, sweeps or cleaners, pool or spa covers and related components;
  • operate or evaluate filter backwash systems;
  • turn on gas supplies or light pilot lights necessary for the operation of gas fired pool or spa heaters;
  • evaluate child access barrier adequacy of pool enclosures, regulatory compliance and entrapment;
  • determine compliance with installation guidelines, manufacturers’ specifications, building codes, all ordinances, regulations, covenants, zoning or other restrictions, including local interpretations of same;
  • obtain or review information from any third-parties including but not limited to: government agencies (such as permits), component or system manufacturers (including product defects, recalls or similar notices), contractors, managers, sellers, occupants, neighbors, consultants, homeowner or similar associations, attorneys, real estate agents or brokers;
  • conduct geotechnical, engineering, structural, architectural, geological, hydrological, land surveying or soils-related examinations;
  • determine or assess factors relating to any systems, structures, or components of the pool/spa, including, but not limited to adequacy, efficiency, durability or remaining useful life, costs to repair, replace, or operate, fair market value, or advisability of purchase;
  • determine or assess environmental hazards or conditions, including, but not limited to, toxic, reactive, combustible, chemicals, corrosive contaminants, wildfire, geological or flood;
  • dismantle any system, structure, or component, or perform any intrusive or destructive examination, testing or analysis;
  • inspect systems or components of the pool and or spa that are not permanently installed;
  • inspect systems, structures, or components not specifically identified in the written inspection report;
  • inspect operating systems or components that have been disconnected, shut down or in the opinion of the inspector could result in damage to the pool/spa’s components or systems;
  • inspect, operate or evaluate the pool’s electric or gas heater or solar heating system;
  • inspect any below grade piping components or underground systems or portion thereof or pressure testing of any piping;
  • come into contact with pool/spa water to examine the system, structure, or components. Any inspection that would require such contact is hereby excluded in this agreement;
  • examine accessories, such as, but not limited to: jacuzzies, fountains/waterfalls, diving or jump boards, ladders, slides, steps or any other recreational components including pool equipment enclosures, pool houses, and sheds;
  • operate or evaluate security systems, alarms, manual controls, electronic remote controls, radio controls, computer controls, low voltage electrical systems, antennas, key-operated switches, timers, photo-electric, motion sensing, or other such similar non-primary electric devices, components or
    systems (please consult a licensed electrician, or other related professional, for such evaluation and inspection);
  • inspect, operate or evaluate back-flushing systems, automatic water re-fills, anti-vortex drains, valves, air switches, jets, pool cleaners, aerators, skimmers, chemical injection systems, water chemistry or other conditioning devices, and related components;
  • inspect or evaluate thermostat(s) or their calibration, heating elements, such as pool heaters, and solar systems;
  • inspect any electrical components, systems or wires that are underground and or not visible;
  • inspect any computerized or remote controls for the pool’s pumps, filters or specialty lighting systems.

B. Inspectors are NOT required to report on:

  • life expectancy of any component or system;
  • the causes of the need for a major repair;
  • the methods, materials and costs of corrections;
  • the suitability of the facilities for any specialized use, or the enclosures for systems, components, or equipment;
  • the condition of components that are not visible and/or readily accessible;
  • compliance or non-compliance with applicable regulatory requirements, building codes, or manufacturer instructions, drawings, and specifications;
  • blower pumps or any component or system which was not observed;
  • the presence or absence of pests such as wood damaging organisms, rodents, or insects;
  • external bonding of equipment or components other than pump motors, blowers and heaters;
  • cosmetic items, underground items, pool covers or items not permanently installed;
  • the safety of use of any pool component;
  • the adequacy of operation, maintenance, and use of the pool and of any component;
  • whether any item, material, condition or component is subject to recall, controversy, litigation, product liability or other adverse claim or condition;
  • the structural integrity of any system or component;
  • the adequacy of system and component design, and of filters and pumps;
  • the conformity of the pool barriers or components with local codes and ordinances;
  • equipment/component compatibility;
  • flow rates and high or low pressure conditions;
  • leaks in the shell or underground components;
  • geological and soil conditions;
  • the strength, adequacy, efficiency or safety of any system or component.

C. Inspectors are NOT required to:

  • perform a pressure test on any pipe that is above ground, underground, not visible or accessible;
  • observe component interiors that are not readily accessible;
  • offer warranties or guarantees of any kind;
  • calculate the strength, adequacy, efficiency or safety of any system or component;
  • enter any area or perform any procedure which may damage the property or its components or be dangerous to the inspector or other persons;
  • operate any system or component which is shut down or otherwise inoperable;
  • operate any system or component which does not respond to normal operating controls;
  • move personal items, equipment, plant life, soil, or debris which obstructs access or visibility;
  • determine the presence or absence of any suspected hazardous substance or irritants, including but not limited to noise, toxins, molds, algae, allergens, organisms, carcinogens, electromagnetic radiation,
    radioactive substances, combustibles, corrosive or reactive chemicals or contaminants, or the adequacy of their storage facilities;
  • determine the safety of use of any pool or spa component;
  • dismantle any system or component;
  • predict future conditions, including but not limited to failure of components;
  • project operating costs of components;
  • perform any act or service contrary to law or regulation;
  • perform architectural, engineering, or surveying services, or to confirm or evaluate such services performed by others;
  • perform any trade or professional service other than as required in FABI Standards;
  • operate systems when weather conditions or other circumstances may cause equipment damage;
  • test or operate valves and automatic safety controls;
  • come into contact with pool or spa water to examine the systems, structure, or components;
  • test, operate, or evaluate electric resistance heaters;
  • determine the temperature, temperature fluctuation, rate of temperature rise, or the time needed to obtain hot water, of any pool or spa heater;
  • test, operate, or evaluate water features, fountains, diving and jump boards, slides, and similar play equipment, or evaluate the suitability of the pool for the use of such equipment, or for activities such as diving;
  • test, operate, or evaluate timers, low voltage or electronic controls, stray voltage, thermostats, heating elements, solar and other alternative energy heating systems;
  • evaluate water chemistry or clarity, or presence or absence of bacteria/algae;
  • operate systems including any type of cleaning system, backwash, aerators, automatic cleaners, automatic water fills, water treatment or chemical dispenser systems;
  • evaluate the interior of components and filters including filter cartridges, and related components and accessories, or back-flow prevention devices;
  • evaluate the condition of manual, or the condition and operation of automatic, pool or spa covers.
  • observe underground items and items not permanently installed;
  • determine the differential between original construction and subsequent additions or modifications, or evaluate out-of-level conditions;
  • determine adequacy of pool or spa jet water force or bubble effect;
  • inspect any electrical components, systems or wires that are underground and or not visible.

 

NOTE: 1968 was the year that the National Electrical Code (NEC) finally decided to include swimming pools in their standards and regulations. If your pool was built prior to 1968, there likely exists some sub-standard electrical design for your underwater lighting and pool pump. We strongly recommend contacting a licensed electrician for further evaluation and updating if needed for safety reasons.

The Inspector is a pool/spa inspection generalist and is not acting as an expert, or a fiduciary, in any trade.

No fiduciary duty, or obligation, is anticipated, represented, or afforded between the parties as a result of this basic pool inspection agreement. The pool/spa inspection report may contain recommendations for further evaluation by an individual other than Inspector herein who is qualified as an expert or specialist in that specific trade or profession. If Inspector recommends consulting other specialized experts, Client agrees to do so at their own expense.

It is the Client’s duty and obligation to exercise reasonable care to protect themselves regarding the condition of the pool, including those facts which are known to or within the diligent attention and observation of Client.

CONFIDENTIAL REPORT: The inspection report to be prepared for Client is solely and exclusively for Client’s own information and may not be relied upon by any other person. Client agrees to maintain the confidentiality of the inspection report and agrees not to disclose any part of it to any other person. Client may distribute copies of the pool inspection report to the seller and the real estate agents directly involved in this transaction, but Client and Inspector do not in any way intend to benefit said seller or the real estate agents directly or indirectly through this Agreement or the inspection report.

CLIENT AGREES TO INDEMNIFY, DEFEND AND HOLD INSPECTOR HARMLESS FROM ANY THIRD-PARTY CLAIMS ARISING OUT OF CLIENT’S UNAUTHORIZED DISTRIBUTION OF THE INSPECTION REPORT.

LIMITATIONS REGARDING LEGAL ACTIONS

In the event of a claim against AHI and its agents, Client(s) agree to supply Inspector/AHI with the following: (1) Written notification of the system(s) and component part(s) inspected that give rise to a claim against AHI and its agents, including how such system(s) or component part(s) were significantly deficient or near the end of their service life on the date of the inspection; included in this written notification shall be an explanation of how AHI did not inform Client(s) through its written report that such a condition to the system(s) and/or component part(s) inspected existed on the date of the inspection; this written notification as explained above shall be given to AHI within 14 days of discovery of the system(s) or component part(s) inspected; and (2) access to the premises to inspect such system(s) and/or component part(s), and address any concerns Client(s) might have so that AHI may have an opportunity to immediately resolve Client(s)’ claims against AHI. Failure to comply with the above conditions will release AHI and its agents from any liability resulting from the inspection of such system(s) or component part(s). Additionally, Client(s) agree that they bear the burden of proof for any claim arising out of this agreement, including the burden to prove that an inspected system or its component part was significantly deficient, or near the end of its service life, on the date of the inspection; that such system or component part was an item on the list of items to be inspected by AHI, and not a listed exclusion; and that the Inspector/AHI failed to inform Client(s) of such system or component part’s significantly deficient condition, or that such system or component part was near the end of its service life, or to advise Client(s) that additional inspection from another licensed professional may be necessary to assess the same in the written inspection report. Conversely, Client(s) agree that Inspector/AHI will not be held to the burden of proving a system or component part inspected was not significantly deficient or near the end of its service life on the date and time of the inspection. Furthermore, Client(s) agree to indemnify and hold AHI and its agents harmless due to any changes in said property if extreme weather conditions, and/or natural disasters, occur on the premises any time after the inspection, which cause unforeseen and significant damage to the premises and value of the property, or inspected areas, due to exposure to heavy wind, severe thunderstorms, heavy rain, hail, fire, tornadoes, hurricanes, extreme heat waves, and/or sun exposure, drought, flooding, ocean water, entry of wild or domesticated animals, which are all conditions outside the Inspector/AHI’s control. These limitations apply to anyone who claims damages or expenses of any kind concerning the property.

Privacy Policy:
In providing the property inspection and inspection report, information about the client, inspector, real estate professional, and property will be collected and input into HomeGauge inspection software and services, which inspector uses to produce the inspection report. This information may include personally-identifiable information about the client, inspector and real estate professional. This information may subsequently be used by the provider of HomeGauge, as set out in the HomeGauge Privacy Policy found at https://www.HomeGauge.com/privacy.html. Inspectors may choose to use this information to market new or related products and services to clients.

Dispute Resolution
Mediation and Arbitration In lieu of Civil Litigation.
Client(s) agree that any dispute, claim or controversy arising out of or relating to this Agreement including the breach, termination, enforcement, interpretation or validity of this Agreement will be first presented through mediation before a Florida Supreme Court Certified Mediator, and if a mediation agreement cannot be rendered between the parties, then such dispute, claim or controversy will be resolved through binding arbitration between Client(s) and Inspector/AHI. Client(s) acknowledge and agree that you and Inspector/AHI are each waiving the right to a trial by jury or judge, or to participate as a plaintiff or as a class in any purported legal proceeding, class action, or other representative proceeding afforded to you under state or federal law. Both Client(s) and Inspector/AHI are each waiving the right to take depositions and participate in pre-litigation requests for production, interrogatories and requests for admissions. Client(s) acknowledge and agree that this provision constitutes an indisputable agreement to binding arbitration if pre-arbitration mediation between the parties is unsuccessful. This clause shall be grounds for an immediate motion to dismiss for any civil complaint for damages filed against Inspector/AHI in violation of these dispute resolution provisions. Client(s) will be obligated to pay AHI’s attorney fees to defend or answer such civil complaint.

Arbitration Rules and Governing Law.
In the event that mediation is unsuccessful and a binding arbitration process is initiated by one of the parties, the Florida Arbitration Code (Chapter 682 of the Florida Statutes) will govern the interpretation, procedure and enforcement of this Section.

Mediation and Arbitration Location.
Unless Client(s) and Inspector/AHI otherwise agree, the pre-arbitration mediation, or binding arbitration, will be conducted in Broward County, Florida. Any binding arbitration may be conducted solely on the basis of documents Client(s) and Inspector/AHI submit to the arbitrator, unless one of the parties request a hearing before the arbitrator, or the arbitrator determines that a hearing is necessary.

Cost of Mediation and Arbitration.
The parties shall share equally in the cost of mediation and/or binding arbitration and shall be responsible for their own attorney fees relating to the mediation or the binding arbitration.

Time Limitations and other Restrictions on any Request, Demand or Claim Surrounding this
Agreement
No action or proceeding of any kind, including binding arbitration, can be commenced against Inspector/AHI or its officers, agents or employees more than one year from the date the CLIENT discovers, or through the exercise of reasonable diligence should have discovered, the cause of action that becomes the subject matter of any dispute between the parties. THIS TIME PERIOD IS SHORTER THAN OTHERWISE PROVIDED BY APPLICABLE LAW.

If any court declares any provision of this Agreement invalid or unenforceable, the remaining provisions will remain in effect. This agreement represents the entire agreement between the parties. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties. This Agreement shall be binding upon and enforceable by the parties and their heirs, executors, administrators, successors and assignees.

Each party signing this Agreement warrants and represents that he/she has the full capacity and authority to execute this Agreement on behalf of the named party. If this Agreement is executed on behalf of Client(s) by any third party, the person executing this Agreement expressly represents to Inspector that he/she has the full and complete authority to execute this Agreement on Client(s)’ behalf and fully and completely binds Client(s) to all the terms, conditions, limitations, exceptions and exclusions of this Agreement.

These limitations apply to anyone who claims damages or expenses of any kind incurred due to the errors or omissions in this inspection and report.

Please fill in today’s date, your name and the address of property to be inspected. By signing this document, you are entering a legally binding agreement, and acknowledge that you have read and understand the contents of this agreement.

Clicking the “Sign This Agreement” button automatically generates an email acceptance notification to Allstate Home Inspections, Inc. so that the pool inspection can take place.

 

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After reading this agreement carefully, I, the client, authorize and request Allstate Home Inspections, Inc. to conduct the services outline above. I further understand that ALL fees are due at the time of testing.

Check this box to indicate that you have read and understand and agree that AHI does not perform pressure testing for leaks. We only perform audio inspections with a Geophone (underwater electronic listening device) for leaks at these 5 locations described above. (NOTE #1) (required)

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