Dear Missouri Association of Realtors....

[James H. Bushart]

Neither the builder or the contractors were licensed.

Where is your outrage?

Family files lawsuit against builder over death


By Shane Anthony

ST. LOUIS POST-DISPATCH

Tuesday, Jan. 01 2008

The family of a Barnhart man is suing a division of McBride & Son two years
after he died at a construction site from carbon monoxide intoxication.

James S. Loveless worked for Builder's Bloc, a division of McBride & Son, when
he died on Dec. 21, 2005. His daughter, Jamie Miller, 30, of Crawford County,
filed suit in December blaming the company for his death.

"Somewhere or another, the company should have to own up for what they did,"
Miller said.

Miller's lawsuit asks for unspecified actual and punitive damages of more than
$25,000. McBride officials declined to comment.

Loveless was working at another job site when he was called to a home on
Berkshire Drive in St. Charles that was undergoing a major renovation. He was
asked to cut concrete in the basement so an elevator shaft could be installed,
Miller said.

The lawsuit says Loveless was told to enclose his work area in plastic to
reduce concrete dust. Miller said another co-worker helped her father put up
the plastic then left him alone.

Loveless cut five to six feet with a gas-powered concrete saw before he was
overcome by exhaust fumes.

An ambulance took Loveless to a local hospital, where he was pronounced dead.
An autopsy later determined that acute carbon monoxide intoxication caused his
death. Miller's lawyer, Michael S. Williams of Belleville, said Loveless had 61
percent saturation of carbon monoxide in his blood.

His death prompted an Occupational Safety and Health Administration
investigation. Chester Razer, assistant area director for OSHA's St. Louis area
office, said the result was seven violations for Builder's Bloc — five serious
and two categorized as "other" — and initial fines of $13,000.

The fine was later reduced to $7,000, he said. OSHA also requires companies to
fix problems that lead to violations, he said.

The company paid $12,500 each from a bereavement fund to Miller and her
siblings, but her father's life insurance money went to his ex-wife, whom he
recently had divorced, Miller said. She said the family paid for funeral
expenses.

Loveless was 50 when he died, far short of his oft-spoken goal of reaching 104,
his daughter said.

Now her children will know her father — who was fond of playing Santa Claus —
only from photographs.

Each year, she said, the family gathered at her older sister's home in Arnold.
Loveless would sneak in a back door, change into St. Nick's garb, sneak back
out and ring the front door to give presents to his five wide-eyed
grandchildren.

"We'll never get our dad back," she said.

santhony@post-dispatch.com

636-255-7209

So, let's recap this for the Missouri Association of Realtors so that they can see the big picture.

OSHA Standards (codes, if you will) were established in 1971 and serve as the basic minimum safety standards for people to work under.

Builders and their contractors, responsible to ensure that the house is being built in a manner that sufficiently meets the code requirements (where they exist, even when not enforced) that will save an occupant's life ---- cannot even be counted on to observe these standards when it comes to preserving their own life.

But then...none of this has anything at all to do with the sales commission.

[Richard W. Washington]

You should be ashamed. Using this man's death to further your debate about licensing.

[James H. Bushart]

Originally Posted by rwashington

You should be ashamed. Using this man's death to further your debate about licensing.

I am.

I am ashamed that I live in a state where unlicensed contractors working for unlicensed builders must needlessly risk their lives, or forfeit their lives as this man did, in order for someone to gain a higher profit.

I am ashamed that the Missouri Association of Realtors, with the most powerful and highly financed political infrastructure in my state, uses its influence to keep buiders and contractors unlicensed --- and statewide building codes off the books ---- to keep building costs low.

I am ashamed that the Missouri Association of Realtors are willing to see people die and take no action for licensing....but will spend money to fight for the licensing of home inspectors with the prospect of "losing less deals".

I am very ashamed.

[Barry Adair]

Just in case readers don't understand what happened
Carbon Monoxide Hazards from Small Gasoline Powered Engines
click on the link above

[dbush]

James, I am a simple Country Boy, but I don't see where this tragic accident has ANYTHING to do with licensing, Codes, Realtors, or anything else except for common work sense. The same thing happened in Jan of last year during the ice storm when a family put a generator in their garage and opened the door slightly, but the prevailing winds blew the fumes back into the home. Guess what, it has absolutely nothing to do with your licensing fight against the realtors either.

[rcooke]

Originally Posted by dbush

James, I am a simple Country Boy, but I don't see where this tragic accident has ANYTHING to do with licensing, Codes, Realtors, or anything else except for common work sense. The same thing happened in Jan of last year during the ice storm when a family put a generator in their garage and opened the door slightly, but the prevailing winds blew the fumes back into the home. Guess what, it has absolutely nothing to do with your licensing fight against the realtors either.

Common Sense does not always work .
Required in Canada is self closing gasketed doors from Garage .
I frequently find people have disconnected the closer as it is a nuisance .
Well Last Month some in A Calgary family lost their lives with car running in garage.
If they ("Jan of last year during the ice storm when a family put a generator in their garage and opened the door slightly, but the prevailing winds blew the fumes back into the home. Guess what, it has absolutely nothing to do with your ") had Auto closing gasketed doors ( code required in Canada ) they might still be alive.

...Cookie

[James H. Bushart]

Dave,

It is obvious that the contractor and the builder were untrained regarding the effects of operating a gas powered saw in an enclosure. To think that the builder was aware of the danger and directed the contractor to do it in spite of the danger implies criminal negligence.

Do you think that a licensing process that would require that builders and contractors be trained in the areas of their work that could kill them might save a life?

Accordingly, do you think that a builder and contractor aware of the effects of carbon monoxide poisoning would be less likely to build a bedroom with a window and door that opened into the garage, like the one I inspected in October?

If the motives of the MAR were geniune and aimed at the protection of the consumer, does it not make sense that they would be...at a minimum....equally as committed to licensing contractors and builders and establishing building codes, as they are in licensing inspectors?

It does to me.

[Joe Farsetta]

Jim's point in all of this goes to the heart of the licensing debate.

In Missouri, the push is on to license home inspectors. Ther goal is to protect the consumer, allegedly.

In the mean time, builders remain unlicensed in Missouri. In fact, they go after home inspectors. Why? Accountability and being held to a standard; ANY standard.

So, while builders and realtors argue that HI licensing is so badly needed, it is clear that some builders cant even follow some simple common sense rules for ptotecting their own. Whether protecting someone from himself is a valid point, is NOT the point here.

What IS the point is bringing this sort of thing to light. Does anyone believe for a second that, if it was a home inspector who failed to follow OSHA guidlines, and fell to his death from a rooftop he shouldnt have been on, that some builder wouldn't mention that HIs are unlicensed and have no safety training? Wanna bet that a realtor would be asked for an opinion?

What would have happened if someone in that HOUSE got sick from the fumes? What then? Would Jim's point be more or less valid?

[dbush]

Joe, I completely understand what it is that Jim is talking about; however, there are several parts of Missouri that are outside of St. Louis (contrary to what most St. Louis Folks think); that include home builders, realtors, consumers, etc. that don't give two flips whether the home inspectors, builders, or pretty much anyone else is licensed or not. Down in my "redneck" area, licensing means nothing, word of mouth means everything.

[ccurrins]

This St.Louis inspection bus. must think licensing is important. They claim to be licensed by ASHI, NACHI and in the State of Missouri.

[James H. Bushart]

Originally Posted by ccurrins

This St.Louis inspection bus. must think licensing is important. They claim to be licensed by ASHI, NACHI and in the State of Missouri.

I, too, am licensed by Missouri...as a termite inspector.

Perhaps they are referring to something on this order taking liberty with the specifics of exactly what Missouri license they hold.

[James H. Bushart]

Originally Posted by dbush

Joe, I completely understand what it is that Jim is talking about; however, there are several parts of Missouri that are outside of St. Louis (contrary to what most St. Louis Folks think); that include home builders, realtors, consumers, etc. that don't give two flips whether the home inspectors, builders, or pretty much anyone else is licensed or not. Down in my "redneck" area, licensing means nothing, word of mouth means everything.

Dave, you are surrounded with anti-licensing home inspectors. In fact, the headquarters for the Missouri coalition that is leading the fight (MAREI) is but a few miles from you.

Here in St. Louis, I am in the minority....surrounded by ASHI inspectors who would sacrifice a child before making a used house salesman angry at them. Even the ASHI members who are against a licensing bill in St. Louis have to lobby against it secretly, in fear of losing their real estate salesmen referrals.

No, sir...the fight against licensing in Missouri is far, far from being a local (St. Louis) issue.

[dbush]

I realize that MAREI is but a few miles from me, I am a member, have known it's founder for MANY years, and have a great deal of respect for Mark. I realize it is far from being a Local St. Louis Issue; however, it has primarily been pushed and started from St. Louis area. I am not pro-licensing; as a matter of fact, I am anti-licensing, but I don't try to sweep a man's death from carbon monoxide poisoning into an anti-licensing point of mine. I just don't get the co-relation. But I didn't always agree with a lot of things you did last year either under NACHI's name as anti-licensing.

[John McKenna]

The law makes nothing perfect, but lawlessness doesn't either.

I know hundreds of people in Texas who want to be home inspectors,
but cannot because the licensing requirements demand too much
education and training for them to qualify. Why is that bad? The
world is a better place here since these people are not inspecting,
trust me.

The regulation of our industry is coming and the requirements will
increase as our industry matures. Live with it. I know of many
an engineer who waltzed into the inspector education process
and exam, only to have his butt handed back to him when he failed.

The days are leaving us when unemployed laborer can hand out
business cards as a home inspector.

BTW... I do not solicit or work for ANY realtor... so don't go there.

[James H. Bushart]

Originally Posted by jmckenna1

I know hundreds of people in Texas who want to be home inspectors,but cannot because the licensing requirements demand too mucheducation and training for them to qualify. Why is that bad?

There are up to three reasons that a working home inspector will push for licensing: (1) he thinks it will "thin out the herd"/reduce competition, (2) he is a relatively new inspector who thinks the license will "equalize" him to the level of all of his competitors, and/or (3) he is tired of inspecting and thinks he can make more money teaching in the mandated classrooms.

All of these "reasons" have proven to fail in the states that have fallen to licensing. For this post, I will leave it at that...for the proof is already there for anyone to investigate on their own.

In my state....just like Texas...it is NOT the home inspector or the consumer behind the push. It is the used house salesman who wants there to exist (according to 2007 HB 978 )a licensing board manned by real estate salesmen and others they lobby for (some of them, even, home inspectors) who will determine whose license will be pulled whenever a deal is killed.

Real estate people rule home inspectors in Texas through an association called the "Texas Real Estate Commission". Your suggestion that I simply "accept it" echoes citizens of third world countries living under communist dictators who are as familiar and comfortable with it as you are, now, with TREC (and your new mandated E&O).

Some of us aren't there, yet, Mike. We are still fighting to remain independent of the used house salesman.

In my state, florists have more complaints filed against them than home inspectors. The consumers love us. Last year, many of them wrote in to their representatives to fight against HB 978 along with us.

In my state, HADD (Homeowners Against Deficient Dwellings) also opposes licensing home inspectors in that we represent the one and only representative in the process that has no interest in the close of the sale. They also, as many do, find the concept of unlicensed builders and unlicensed contractors working with no agreed upon state building codes ---- all of which is protected by the real estate lobby ---- while licensing the home inspector, to be absolutely absurd.