New York State COE & SOP - Its' Official

[Thomas G. Valosin]

Well, it is, I believe, in general a fairly well written document, particularly when compared to the advisory boards first efforts where the SOP and COE were at loggerheads. Yes, it does a lot to inform John and Jane Q. Public as to exactly what a Home Inspection is as well as what it is NOT. Much of the NOT is actually repeated. I concur it may reduce some of the litigation as well as the used home sales-peoples' misconceptions. I have already modified my InterNACHI based contracts to include the DOS required clauses - just picked them up from the printer. Also went through my HomeGauge InterNACHI SOP based template and made the mods to reflect the State SOP. (Spoke with Tommy at HG - they will be bringing out a NYS based template. How soon? He was unsure but said it is "in the lineup"). My contract and template both reflect that "Inspections are performed to the NY State Home Inspector and InterNACHI Standards of Practice". There are sections in NYS SOP that are "stronger", that is, exceeded, in the InterNACHI format so that will be the SOP for that phase of the inspection. Should be an interesting discussion at this Wednesdays meeting. Don't you just love the State - "It went into effect as of the date of publication" and we were then notified that we must make the necessary adjustments to our operations. However, a beneficial point with the State SOP & COE is that inspectors who are not members of a recognized Professional Organization (which the State used as a guideline for SOP & COE until theirs was adopted) are now forced to bring their standards up to a level playing field. Also, HIs' who live and work near bordering areas with MA, CT or NJ should now have an easier time seeking reciprocity since NYS now has a documented SOP & COE.

[Joe Farsetta]

There are sections in NYS SOP that are "stronger", that is, exceeded, in the InterNACHI format so that will be the SOP for that phase of the inspection.

Please elaborate, as I see no such indication. Primarily, the SOP follows the industry. The only real addition I see is that the SOP speaks to observe and report.

[Bill Smith]

Originally Posted by tvalosin

My contract and template both reflect that "Inspections are performed to the NY State Home Inspector and InterNACHI Standards of Practice".

I don't think that's an option Tom. We are required to follow the NYS SOP. I'm pretty sure the iNachi SOP is invalid in NYS now.

[David P. OKeefe]

Originally Posted by bsmith

I don't think that's an option Tom. We are required to follow the NYS SOP. I'm pretty sure the iNachi SOP is invalid in NYS now.

We are not limited in inspecting and reporting on items not required in the NYS SOP. When we do, the InterNACHI SOP is then followed. For example: According to the NYS SOP we are not required to report on fireplace screens, doors, mantles or fireplace surrounds. The InterNACHI SOP states to inspect hearth extensions and other permanently installed components; (which I interpret to include screens and doors)
and report as in need of repair deficiencies in the lintel, hearth and material surrounding the fireplace, (which I interpret to include mantles and fireplace surrounds) including fireplace opening clearance from visible combustible materials. Where the InterNACHI SOP exceeds NY's this is what is then followed. But I can see where someone can get confused if you state you follow two different SOPs. Since New York's SOP has just been adopted I would like to hear from some inspectors in other licensed states as to what they follow or report on.

[Joe Farsetta]

My advice is to only reference the NY State SOP. DO not reference the NACHI SOP.

Our COE requires substantial compliance with NACHI's SOP. Following the NY State model, and only the Ny State model, ensures you protection under that model.

Where there is more than one standard, the lines become blurred. And remember, once you perform an ancillary service for a fee, any protection afforded under the SOP for that PARTICULAR activity is lost forever.

I only reference the NY State SOP in my agreement and inspection report.

[Mike O'Handley]

Originally Posted by jfarsetta

My advice is to only reference the NY State SOP. DO not reference the NACHI SOP.

Our COE requires substantial compliance with NACHI's SOP. Following the NY State model, and only the Ny State model, ensures you protection under that model.

Where there is more than one standard, the lines become blurred. And remember, once you perform an ancillary service for a fee, any protection afforded under the SOP for that PARTICULAR activity is lost forever.

I only reference the NY State SOP in my agreement and inspection report.

Hi Joe,

That's some pretty good advice. Like NYS, Washington State has its own SOP and the COE is rolled into that SOP. Regardless of any claims made by any of the associations as to whether or not their SOP exceeds the state SOP, we only recognize one Standard of Practice here and that is the SOP that must be inspected to.

Of course, members of associations can state that they are members of a particular association and tell a client how that association has its own SOP, but they'd be foolish to tell a client that they inspect to any SOP other than the one mandated by law.

As for ancillary services, our SOP does not prohibit one from going beyond the SOP; however, to protect the consumer and the inspector from any misunderstandings about what those ancillary services involve, additional inspections of any sort require a signed contract between the parties.

ONE TEAM - ONE FIGHT!!!

Mike O'Handley, LHI
Wa. Lic. Home Inspector #202
Your Inspector LLC., Kenmore, WA
Editor - The Inspector's Journal

[Thomas G. Valosin]

Hello all,

I got this thread started and have been quite busy since so I have not followed up on the replies. Finally have had a chance to catch up on this thread while I am on vacation. The replies are interesting and well thought out. I do concur that it would be best to reference only the SOP of the Licensing Authority, in this case NY State. When we (NYS Inspectors) choose to go beyond, as in the fireplace example as used by David, perhaps it is less confusing to mention different SOPs'. Does that mean we should inspect only to the NYS SOP? I think that is a business decision of the individual inspector. Until advised by counsel not to do so, I may elect to go beyond State SOP where the InterNACHI SOP (and my own practice) provides the Client with a better (more thorough / more inclusive) inspection.
Any input from our Juris Doctors on those thoughts?

Tom Valosin

[Bill Smith]

Hi Thomas-
You can "exceed" or go beyond the NYS SOP, but you do so at your own risk. If you do go beyond the SOP, I wouldn't reference any other SOP, nor would I advertise that I do so.

[Gary Farnsworth]

Just like other states, including Kansas, watch out for the term "representative number". It allows for low cost basic inspections. By law, you only need to check "one". And, appliances do not have to be checked.

So, as like in Kansas, an inspector does not have to report on the garbage disposal frayed wiring, etc. etc. Many states are allowing for basic, low cost inspections. IMHO, SOP;s should have been tougher.