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Legislation, Licensing & Legal Issues Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Members of all associations welcome.

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  #1  
Old 6/5/09, 1:08 PM
Nick Gromicko's Avatar
Nick Gromicko Nick Gromicko is offline
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Default Do you put up CAUTION signs during an inspection ever?

Perhaps when you open a crawlspace hatch in the floor? Do you ever put up red cones or safety tape or CAUTION signs or anything?



Nick Gromicko, CMI
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  #2  
Old 6/5/09, 2:23 PM
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Default Re: Do you put up CAUTION signs during an inspection ever?

No, why do you ask?



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  #3  
Old 6/5/09, 2:36 PM
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Nick Gromicko Nick Gromicko is offline
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Default Re: Do you put up CAUTION signs during an inspection ever?

I have been supoenaed to testify in a case where a home inspector left the access hatch of a crawlspace door open and went down inside. The buyer came along and walked right into the hole. He broke his arm in several places. Big lawsuit.

I'm meeting with a CAUTION sign manufacturer in a few minutes and will have signs available for members to buy. I'll make the receipts indicate exactly what the signs are for. Save your receipt.



Nick Gromicko, CMI
Founder
World's biggest, best inspection association
"Planet InterNACHI... resistance is futile"
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  #4  
Old 6/5/09, 2:53 PM
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Default Re: Do you put up CAUTION signs during an inspection ever?

No but now I will. Thanks!



Bill Boerner
St. Louis,MO - Professional Home Inspector

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  #5  
Old 6/5/09, 3:47 PM
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Default Re: Do you put up CAUTION signs during an inspection ever?

We have to put them 500 feet before the opening with flashing red lights?



Stephen L. Guardino
Flagler Home Inspections
Palm Coast, Florida 32164
Office: (386) 503-2820
Fax: (386) 447-0131
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  #6  
Old 6/5/09, 3:48 PM
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Default Re: Do you put up CAUTION signs during an inspection ever?

Sounds like a can of worms.
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  #7  
Old 6/5/09, 3:55 PM
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Default Re: Do you put up CAUTION signs during an inspection ever?

I am not sure about most locations in the US but being a former OSHA compliance officer for a manufacturing company.

Any access opening should be baracaded or marked as such. A watchman should be placed outside of the opening to keep communication with entrant and direct others away from the opening.

In Iowa OSHA has no authority over residential and small business. An OSHA officer cannot approach a roofing site and start issuing citations, but they can try to scare the hell out of the unsafe workers.
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  #8  
Old 6/5/09, 4:42 PM
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Default Re: Do you put up CAUTION signs during an inspection ever?

Quote:
Originally Posted by gromicko View Post
I have been supoenaed to testify in a case where a home inspector left the access hatch of a crawlspace door open and went down inside. The buyer came along and walked right into the hole. He broke his arm in several places. Big lawsuit.

I'm meeting with a CAUTION sign manufacturer in a few minutes and will have signs available for members to buy. I'll make the receipts indicate exactly what the signs are for. Save your receipt.
Nick,
This case sounds a Little odd to me, usually a crawl space access is in a closet, was this one right smack dab in the middle of a hallway?? How do you just 'walk by' and fall in?
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  #9  
Old 6/5/09, 5:58 PM
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Default Re: Do you put up CAUTION signs during an inspection ever?

Put hazard warning tape around the perimeter of the home!



Joe Funderburk, CMI
Alpha & Omega Home Inspections, LLC
Inspecting Upstate SC & Charlotte Metro, NC
NACHI ID: NACHI05120170
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  #10  
Old 6/5/09, 7:24 PM
William E. Siegel William E. Siegel is offline
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Default Re: Do you put up CAUTION signs during an inspection ever?

whatever happened to watching where you are walking.

Ooops I forgot. This is America where no on is responsible for his own actions.



Bill Siegel
Florida Home Inspection Team Inc.
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  #11  
Old 6/5/09, 9:41 PM
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Nick Gromicko Nick Gromicko is offline
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Default Re: Do you put up CAUTION signs during an inspection ever?

We've all had clients who, to our surprise, followed us up a ladder. I'm thinking the sign should read "CAUTION, Inspector at Work, STAY BACK" That way the sign could be used for ladders, crawlspace openings, attics, etc.



Nick Gromicko, CMI
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  #12  
Old 6/5/09, 10:00 PM
Brian C. Hoagland Brian C. Hoagland is offline
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Default Re: Do you put up CAUTION signs during an inspection ever?

I tell my clients not to follow me up on the roof or enter the attic or crawlspace under any circumstances during the inspection as these areas have hidden hazards and I cannot be held responsible for their safety. I'm covered right? What about that electrical deadfront, it's OK to take that off in the beggining of the inspection and put it back on in the end isn't it. Oh, by the way is it my fault when mother mary brings her 8 kids to the inspection and one of them drowns in the pool that lacks the child protection fence, or does that only count after I got to that part of the inspection process?

I could go on...and on...and on.........No limit to liability.
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  #13  
Old 6/5/09, 10:22 PM
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Default Re: Do you put up CAUTION signs during an inspection ever?

I am sensing that this isolated and frivolous suit is hardly worth the trouble.

The seller, who owns the home, is responsible for injuries that occur on his property. Not the home inspector who lawfully opens the entrance to a crawlspace.

This suit equates to one suing the mailman who delivered the letter from which he received a paper cut.

Must I post a "Beware of Dog" sign if the neighbor's dog wanders into the yard and bites my client during an inspection. Must I first fumigate in the event that he should be bit by a spider as he peers into an empty closet that I opened?

For me to use caution tape is for me to assume such liability.
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  #14  
Old 6/5/09, 10:31 PM
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Default Re: Do you put up CAUTION signs during an inspection ever?

Quote:
Originally Posted by gromicko View Post
"CAUTION, Inspector at Work, STAY BACK" .
Makes us sound dangerous.



Kevin M. Leonard
The Home Inspection Company
513-895-7700
www.thehome-inspection.com
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  #15  
Old 6/5/09, 11:33 PM
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Default Re: Do you put up CAUTION signs during an inspection ever?

Since most crawlspace doors on the exterior around here, I have always hoped that someone did not decide to close the door and slip the padlock on it while I was in the crawlspace.

I had one of those in a floor but the client watched me go in, actually he watched me do it two times while laughing the 2nd time as I went back in to look for my keys.

I think he cracked a rib or two laughing at me but did not sue me.



B.A. King Home Inspections, LLC
www.BAKingHomeInspections.com
Serving Charlotte NC area and Rock Hill SC areas.
CMI Certified Master Inspector and Independent
704 301-3207
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