Time-of-Sale (TOS) Housing Inspection Program

Nine items not meeting current codes or standards have been identified as immediate hazards which are conditions or defects likely to cause injury to a person or property if not corrected.

Taken from Bloomington City Code, Chapter 14, Division C.

1. Heating systems that are unsafe due to burned out or rusted heat exchangers; burned out, rusted or plugged flues; no vent; connection with unsafe gas supplies; or incapacity to adequately heat the living space.
2. Water heaters that are unsafe due to burned out or rusted heat exchangers; burned out, rusted or plugged flues; no vent; connection with unsafe gas supplies; or lack of temperature and pressure relief valves.
3. Electrical systems that are unsafe due to dangerous overloading; damaged or deteriorated equipment; improperly taped or spliced wiring; exposed uninsulated wires; temporary distribution systems; ungrounded systems; or extension cords used with permanent appliances (e.g., garage door openers and window unit air conditioners).
4. Plumbing systems that are unsanitary due to leaking waste systems, fixtures or traps; lack of an operating toilet; lack of washing and bathing facilities; cross connection of municipal water supply with fixtures or sewage lines; or the lack of water.
5. Structural systems, including walls, chimneys, ceilings, roofs, foundations, floor systems or decks which are not capable of carrying imposed loads.
6. Exterior roofs, walls, chimneys and foundations that are not weather tight and water tight to the extent that it creates an immediate hazard.
7. Abandoned fuel tanks.
8. Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste, vermin infestation or other materials rendering residential building and structures unsanitary for human occupancy.
9. Lack of properly located and operational smoke detectors.

When hazardous items are identified by the TOS Evaluator, a TOS re-inspection must be scheduled with the City of Bloomington to follow up and determine whether the hazardous condition has been corrected.

If an immediate hazard exists, it must be corrected, and if the dwelling is occupied, corrective action must be taken by the owner or the owner's agent. If the dwelling is vacant, it cannot be occupied until all hazards are corrected.

If the owner / seller cannot or will not undertake corrective action, the buyer may elect to assume the immediate hazards identified in the Time-of-Sale Housing Evaluation Report. A buyer intending to assume the hazards must first obtain written consent from the City of Bloomington by signing, in person at the City of Bloomington - this is currently being done via DOCUSIGN contact 952-563-8930 in order to obtain the Hazard Correction/Responsibility form via email.

The owner or the owner's contractor(s) must obtain all the necessary permits from the City of Bloomington and the dwelling is subject to City of Bloomington re-inspection of all open permits prior to occupancy.

• Smoke Detectors - Diagrams and information about residential smoke detectors.
• Toilet Tanks - Installation to prevent the siphoning of tank water into drinking water supply.
• Water Meter Jumper - Diagrams and specifications for proper grounding of water meter.

• TOS Electrical Application

• TOS Heating-Venting-Cooling Application

The Certificate of Compliance is not yet available online. The Certificate of Compliance is typically required at closing.

If hazards (H items) are not found during the initial Time-of-Sale inspection, no further TOS inspections are required. The Certificate of Compliance is issued and sent by the City of Bloomington to the owner or listing agent. 

If hazards are found during the initial Time-of-Sale inspection, an inspector from the City of Bloomington must re-inspect all hazardous (H) corrections noted on the report.  Hazardous conditions must be corrected and approved by the City of Bloomington before the dwelling is occupied. If the dwelling is already occupied, corrective action shall be taken by the owner or agent of the owner.

No. The evaluation does not result in a guarantee or warranty. The Time-of-Sale Housing Evaluation Report will be completed through visual inspection of the property. The inspector cannot guarantee that problems will not occur after the inspection.

No. The $250 flat fee paid at the time of the initial TOS inspection is the only fee associated with TOS inspections. If additional permits are required to correct items listed on the Time-of-Sale Evaluation Report, then additional permit fees will apply.

No. Only items which pose an immediate hazard to the occupants of the structure are required to be repaired. Other deficiencies will, however, be noted in the Time-of-Sale Housing Evaluation Report.

The TOS Evaluator will examine:

• The dwelling's visible structural elements.
• Heating, electrical and plumbing systems.
• Other components of construction.
• Accessible, unoccupied areas such as attics and crawl spaces, but will not take apart any building components.

Problems hidden in inaccessible areas cannot be identified.

Schedule the initial Time-of-Sale inspection by calling the Building & Inspections Division.

• Must be scheduled by the owner or listing agent.
• Must be scheduled and the report be on site before listing and showing single family homes, town homes, or condominiums.
• Must be done for properties being sold privately (e.g. to a family member) and perhaps not being listed.
• City of Bloomington charges $250 payable only by credit card and schedules specific times only during weekday business hours.
• Please allow 120 minutes for the inspector to complete the initial inspection. If personal property is located within the home the applicant or representative over the age of 18 must meet the City of Bloomington evaluator on site for the inspection.

The following are the exemptions from obtaining a Time-of-Sale, you will still need to contact the city to let them know you are selling and which exemption is being used 952-563-8930

The provisions of § 14.523 do not apply to:

   (a)   Any newly constructed dwelling when title is transferred to the first owner;

   (b)   Any multiple dwelling currently licensed under Article VIII of this chapter;

   (c)   The sale or other transfer of title of any dwelling to a public body;

   (d)   The sale or transfer of title of any dwelling for the purpose of demolition; and

   (e)   The sale or conveyance of any dwelling by a sheriff or other public or court officer in the performance of their official duties. This exemption does not apply, however, to the sale of a dwelling by a person appointed by a probate court.