International Association of Certified Home Inspectors
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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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#1
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Hello all New York State Inspectors,
As owner of ASKUS Consulting Services Home Inspector Training and Continuing Education School, I just received a note from the Department of State Division of Licensing Services. New York State now has in place its' own Code of Ethics for Home Inspectors SUBPART 197-4 and Standards of Practice SUBPART 197-5. These documents will have some effect on all New York State Licensed Home Inspectors if only for the now required clauses that must be included in our pre-inspection agreements. The NYS SOP & COE will be the "guiding light" for our operations. I urge all NY State Home Inspectors to check with the DOS Division of Licensing Services to familiarize yourselves with these documents and make needed adjustments to your PIA and, if necessary, to your inspection procedure. The New York Capital Region Chapter of InterNACHI will be having a presentation on this topic at the 11 November meeting, 6:30 PM at Doratos Restaurant, Routes 155 and 20 in Guilderland, NY. Contact me if you plan on attending so we have a headcount for the restaurant. Meals are ordered off the menu, each person pays their own. No charge to attend the meeting. My contact info is 518 827 4852 or E-mail at askusconsulting@midtel.net Tom Valosin |
| Need a home inspection in District Of Columbia? Check out InterNACHI's listing of District Of Columbia certified home inspectors. Or, find a home inspector anywhere in the world with our inspection search engine. |
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#2
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You can argue with intelligent people but to argue with a mush head is like trying to grab fog-Thomas Sowell |
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#3
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Thanks for the info Tom. I am just finishing the Licensing Laws section of the Home Inspection course I am teaching. I'll pass it on.
"A man cannot be truly grateful and remain unhappy"
http://www.SmithHomeInspection.com SmithHomeInspection@yahoo.com NY State Lic. # 16000008304 631-434-5200 |
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#4
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Please Note:
Chuck Lambert is a non-member guest and is in no way affiliated with InterNACHI or its members.
Any of you New York inspectors that use 3D and need a New York form set that meets the New SOP's let me know and I can get you set up ASAP!!
Chuck |
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#5
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Quote:
David InterNACHI #08051301 NYS Lic. #16000038229 NYS DEC Cert # T4865884 518-505-8305 HouseAbout Home Inspections HouseAbout on Facebook NY Capital Region Chapter InterNACHI |
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#6
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Does anyone know exactly when this goes into effect?
"A man cannot be truly grateful and remain unhappy"
http://www.SmithHomeInspection.com SmithHomeInspection@yahoo.com NY State Lic. # 16000008304 631-434-5200 |
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#7
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Thanks for the heads up.
Jeff Cohen How's My House Home Inspections Home Inspections throughout Long Island www.Howsmyhousehomeinspections.com www.Thelongislandhomeinspector.com www.longislandhomeinspector.blogspot.com http://www.facebook.com/pages/Plainv...s/276903699290 |
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#8
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SOP.
Joseph A. Ferry, Esquire Suite 200 Two Penn Center Plaza Philadelphia, PA 19102 215-854-6444 tel. 215-243-8202 fax Visit my website. Follow me on Twitter. Email me. Don't send me a private message. |
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#9
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Got the letter from the state today. The NYS SOP and COE are in effect as of Oct. 27th.
"A man cannot be truly grateful and remain unhappy"
http://www.SmithHomeInspection.com SmithHomeInspection@yahoo.com NY State Lic. # 16000008304 631-434-5200 |
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#10
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I have not found anything in it that prohibits us from repairing homes that we inspect.
David InterNACHI #08051301 NYS Lic. #16000038229 NYS DEC Cert # T4865884 518-505-8305 HouseAbout Home Inspections HouseAbout on Facebook NY Capital Region Chapter InterNACHI |
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#11
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Quote:
I received mine Saturday, the 6th of November. The letter was dated October 27, the same day the requirement went into effect??? |
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#12
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The actual statute prohibits us from working on what we inspect.
Two clauses need to be put into our inspection agreements. Typset cannot be smaller than 6pt. Inspectors are not responsible for finding mold or conditions conducive to mold or any other air quality / environmental toxins, including underground storage tanks. I have been in contact with the Attorney to the DOS with regard to one particular clause which could be problematic to inspectors. She acknowledged the issue and is writing an official opinion which will be passed to field investigators. Really READ the SOP. You will be surprised at some of the clauses, especially as it pertains to what we are NOT required to do. This will take the windo out of many inspector lawsuits. I think the HI Advisory Board did a good job. It took a while, but we are left with a decent set of rules. Hats off to all of them, and to the DOS staffers that helped make it all happen! Effective date was the 27th, but I would keep the notification, with envelope and postmark should there ever be a problem. The postmarked date was the 27th, and te gap between that date and the date you received the notification could be justified by an ALJ if the need ever arose. |
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#13
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Quote:
After reading and re-reading the document, I very much agree with you, it is very good. Fred |
| Need a home inspection in District Of Columbia? Check out InterNACHI's listing of District Of Columbia certified home inspectors. Or, find a home inspector anywhere in the world with our inspection search engine. |
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#14
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I have read it a couple of times. Every time I read it I come up with more questions. A lengthy discussion will take place at our local meeting Wednesday. It is good that finally NY has an official COE & SOP.
David InterNACHI #08051301 NYS Lic. #16000038229 NYS DEC Cert # T4865884 518-505-8305 HouseAbout Home Inspections HouseAbout on Facebook NY Capital Region Chapter InterNACHI |
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#15
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There is really only one clause which I find particularly troublesome.
Can you guess which one? |
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