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

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  #31  
Old 6/9/09, 9:28 PM
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mnahrgang mnahrgang is offline
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Default Re: Do you put up CAUTION signs during an inspection ever?

Quote:
Originally Posted by bkelly2 View Post
Interesting discussion. I used to work in Cleanrooms, most of the work we did was under raised floors. When a panel fo the floor was removed we were supposed to barricade the opening as the fall could be anywhere from 20 inches or so to twenty feet. Every now and then there were accidents.


The HI that left a floor hatch open in a walking area will loose the lawsuit.

http://www.buildersmutual.com/cd/wal..._openings.html

http://www.osha.gov/doc/jobsite/#Figure%2012



http://www.osha.gov/pls/oshaweb/owad...ARDS&p_id=9715
Brian, no offense meant, but none of those links are relevant. They are all in regards to construction or construction building standards. They have nothing to do with a completed structure, and the use of the hatches.



Mark Nahrgang
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  #32  
Old 6/9/09, 9:51 PM
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Brian E. Kelly Brian E. Kelly is offline
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Default Re: Do you put up CAUTION signs during an inspection ever?

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Originally Posted by mnahrgang View Post
Brian, no offense meant, but none of those links are relevant. They are all in regards to construction or construction building standards. They have nothing to do with a completed structure, and the use of the hatches.

Close but no Cigar Mark.

And the tool box talk Mark said to protect floor openings, it said nothing about the state of construction of the structure beung worked on.


IMO if you leave a hatch in the floor open where someone can fall in, you are no too clever.

Quote:
Quote:
1910.23(a)(5)Every pit and trapdoor floor opening, infrequently used, shall be guarded by a floor opening cover of standard strength and construction. While the cover is not in place, the pit or trap opening shall be constantly attended by someone or shall be protected on all exposed sides by removable standard railings.

Last edited by bkelly2; 6/9/09 at 9:55 PM..
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  #33  
Old 6/9/09, 10:24 PM
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Default Re: Do you put up CAUTION signs during an inspection ever?

Quote:
Originally Posted by bkelly2 View Post
The HI that left a floor hatch open in a walking area will loose the lawsuit.
I find that hard to believe if the HI is in the crawl space while the door is open. I'm NOT closing the door while I'm down there.

If he left the premises, that's another story.
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  #34  
Old 6/9/09, 10:31 PM
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James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: Do you put up CAUTION signs during an inspection ever?

Does not OSHA rules apply to only companies with several employees?
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  #35  
Old 6/10/09, 12:54 AM
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Christopher Currins Christopher Currins is offline
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Default Re: Do you put up CAUTION signs during an inspection ever?

I've never seen a termite inspector barricade, block, close, put up tape, etc. at ANY crawlspace entrance. And I've witnessed many termite inspections from several companies over the last 30 yrs. inspect crawlspaces.



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  #36  
Old 6/10/09, 8:00 AM
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James H. Bushart James H. Bushart is offline
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Default Re: Do you put up CAUTION signs during an inspection ever?

Quote:
Originally Posted by gromicko View Post
This sign implies that it is safer to approach an inspector from another association.



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  #37  
Old 6/10/09, 9:52 AM
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Bruce A. King Bruce A. King is offline
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Default Re: Do you put up CAUTION signs during an inspection ever?

If you have an open floor hatch, you will need a sign at every entrance to the room that states the actual hazard.



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  #38  
Old 6/10/09, 1:44 PM
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Default Re: Do you put up CAUTION signs during an inspection ever?

Quote:
1910.23(a)(5)Every pit and trapdoor floor opening, infrequently used, shall be guarded by a floor opening cover of standard strength and construction. While the cover is not in place, the pit or trap opening shall be constantly attended by someone or shall be protected on all exposed sides by removable standard railings.


Does that mean that every crawl space hatch without means of securing "removable standard railings" is defective?

Do you make mention of the safety requirements in your report?

I could see it now.. dad in crawlspace, 4 year old goes looking for him and ends up face first onto the floor of the crawl.

Last edited by rmaday; 6/10/09 at 2:06 PM..
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  #39  
Old 6/12/09, 5:49 PM
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Default Re: Do you put up CAUTION signs during an inspection ever?

I hired a law clerk in that county to copy us all the court documents. Here they are (60 page pdf): http://www.nachi.org/documents/stern-vs-clark.pdf



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  #40  
Old 6/12/09, 6:06 PM
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mnahrgang mnahrgang is offline
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Default Re: Do you put up CAUTION signs during an inspection ever?

So the plaintiff is a lawyer... That explains a few things.

BTW, Why does a layer need his arm to work? I don't really get the $25,000 loss of work thing. Don't they have clerks to write and type? It's not like he's swinging a hammer or something.



Mark Nahrgang
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  #41  
Old 6/12/09, 6:23 PM
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Kevin M. Leonard Kevin M. Leonard is online now
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Default Re: Do you put up CAUTION signs during an inspection ever?

If I'm reading this right the Plaintiff is a lawyer who was there on behalf the the sellers estate. I would think that since he is at the property on his own, not hired by, requested by or required by the Home Inspector, that the Home Inspector is not liable for his actions or injuries.

And also if he/Plaintiff did not know where the crawlspace entrance was, this must mean he was not familiar with the lay-out of the residence. He should have been paying attention to his own actions, movements & every step he made. Common sense.

If I were the Inspector I would get the best attorney in town & counter sue him for defamation & anything else I could think of.



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  #42  
Old 6/12/09, 6:39 PM
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Nick Gromicko Nick Gromicko is online now
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Default Re: Do you put up CAUTION signs during an inspection ever?

Quote:
If you have an open floor hatch, you will need a sign at every entrance to the room that states the actual hazard.
I would think that this 1/2 of your post is correct:
Quote:
If you have an open floor hatch, you will need a sign at every entrance
I don't see why this 1/2 would be necessary:
Quote:
that states the actual hazard.



Nick Gromicko, Certified Master Inspector

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  #43  
Old 6/12/09, 6:54 PM
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rmaday rmaday is offline
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Default Re: Do you put up CAUTION signs during an inspection ever?

Quote:
Originally Posted by gromicko View Post
I would think that this 1/2 of your post is correct:

I don't see why this 1/2 would be necessary:

What if the sign said, "Open house"
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  #44  
Old 6/12/09, 8:10 PM
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Default Re: Do you put up CAUTION signs during an inspection ever?

i hate to be one, but all of this talk about falling twenty feet into a crawlspace does not make sense.I always thought they were called basements! Or would that be a 2 story crawlspace?



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  #45  
Old 6/12/09, 8:41 PM
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Default Re: Do you put up CAUTION signs during an inspection ever?

Quote:
Originally Posted by klott View Post
i hate to be one, but all of this talk about falling twenty feet into a crawlspace does not make sense.I always thought they were called basements! Or would that be a 2 story crawlspace?
I think you're seeing things, Ken.

No one said that anyone fell 20 feet into a crawlspace.
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