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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  
Old 10/29/10, 5:16 PM
Thomas G. Valosin Thomas G. Valosin is offline
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Default New York State COE & SOP - Its' Official

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
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  #2  
Old 10/29/10, 5:31 PM
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Michael Larson Michael Larson is offline
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Default Re: New York State COE & SOP - Its' Official

http://www.dos.state.ny.us/lcns/prof...deofethics.htm



You can argue with intelligent people but to argue with a mush head is like trying to grab fog-Thomas Sowell

Never underestimate the difficulty of changing false beliefs by facts. - Henry Rosovsky-Harvard

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  #3  
Old 10/29/10, 5:44 PM
Bill Smith's Avatar
Bill Smith Bill Smith is offline
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Default Re: New York State COE & SOP - Its' Official

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
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  #4  
Old 10/29/10, 10:07 PM
Chuck Lambert Chuck Lambert is offline
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Default Re: New York State COE & SOP - Its' Official

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  
Old 10/29/10, 10:35 PM
David P. OKeefe's Avatar
David P. OKeefe David P. OKeefe is offline
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Default Re: New York State COE & SOP - Its' Official

Quote:
Originally Posted by tvalosin View Post
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
Well, I've got a little paperwork to do this weekend!



David

InterNACHI #08051301
NYS Lic. #16000038229
NYS DEC Cert # T4865884
518-505-8305
HouseAbout Home Inspections
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  #6  
Old 10/30/10, 7:56 AM
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Bill Smith Bill Smith is offline
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Default Re: New York State COE & SOP - Its' Official

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  
Old 10/30/10, 6:05 PM
Jeffrey M. Cohen Jeffrey M. Cohen is offline
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Default Re: New York State COE & SOP - Its' Official

Thanks for the heads up.
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  #8  
Old 11/4/10, 1:54 PM
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Joseph A. Ferry Joseph A. Ferry is offline
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Default Re: New York State COE & SOP - Its' Official

SOP.



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  #9  
Old 11/6/10, 3:21 PM
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Bill Smith Bill Smith is offline
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Default Re: New York State COE & SOP - Its' Official

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  
Old 11/6/10, 6:07 PM
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David P. OKeefe David P. OKeefe is offline
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Default Re: New York State COE & SOP - Its' Official

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
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  #11  
Old 11/8/10, 9:27 AM
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Fred Duemig Fred Duemig is offline
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Default Re: New York State COE & SOP - Its' Official

Quote:
Originally Posted by bsmith View Post
Got the letter from the state today. The NYS SOP and COE are in effect as of Oct. 27th.
Hi Bill,

I received mine Saturday, the 6th of November. The letter was dated October 27, the same day the requirement went into effect???



Fred Duemig
Massapequa, NY
NACHI04032507
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  #12  
Old 11/8/10, 9:47 AM
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Joe Farsetta Joe Farsetta is offline
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Location: Pearl River, NY
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Default Re: New York State COE & SOP - Its' Official

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  
Old 11/8/10, 10:02 AM
Fred Duemig's Avatar
Fred Duemig Fred Duemig is offline
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Default Re: New York State COE & SOP - Its' Official

Quote:
Originally Posted by jfarsetta View Post
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!
Joe,

After reading and re-reading the document, I very much agree with you, it is very good.

Fred



Fred Duemig
Massapequa, NY
NACHI04032507
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  #14  
Old 11/8/10, 11:30 AM
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David P. OKeefe David P. OKeefe is offline
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Default Re: New York State COE & SOP - Its' Official

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  
Old 11/8/10, 2:50 PM
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Joe Farsetta Joe Farsetta is offline
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Default Re: New York State COE & SOP - Its' Official

There is really only one clause which I find particularly troublesome.

Can you guess which one?
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