Ny State Inspectors - A Call To Arms

[Joe Farsetta]

ATTENTION ALL NY STATE HOME INSPECTORS!

THE DRAFT VERSION OF THE NY STATE COE IS OUT FOR PUBLIC COMMENT, AND COMMENT YOU MUST. ANALYSIS OF THIS PROPOSED COE REVEALS MANY PROBLEMS, NOT THE LEAST OF WHICH IS THE FACT THAT IT WILL VIRTUALLY ELIMINATE THE NEED FOR A HOME INSPECTOR, AND MORE IMPORTANTLY, WILL REQUIRE US TO STATE IN OUR CONTRACT SPECIFIC LIMITATIONS AS TO WHAT WE MAY NOT COMMENT ON. IT APPEARS TO HAVE BEEN WRITTEN IN A MANNER WHICH PLACES MOST OF WHAT WE DO SQUARELY INTO THE HANDS OF LICENSED PROFESSIONAL ENGINERS IN NY STATE.

THE TIME FOR COMMENT IS NOW, AS THERE MAY ONLY BE 30 DAYS REMAINING. THE COMMENT PROCESS, AND ADDRESS TO SEND IT TO, ARE SKETCHY.

I URGE ALL NY STATE INSPECTORS, REGARDLESS OF ASSOCIATION AFFILIATION TO READ THE COE AND SOP. REALLY READ IT, AND UNDERSTAND WHAT IT STATES. WITHIN ANOTHER THREAD, THERE IS THE ACTUAL COE AND SOME COMMENTARY. THE SOP IS ALSO POSTED.

THERE IS LITTLE TIME TO ACT. I HAVE PERSONALLY SPOKEN TO REPRESENTATIVE MEMBERS OF NYSAHI AND ASHI TODAY. THEY ALSO HAVE SERIOUS PROBLEMS WITH THE DRAFT PROPOSALS.

BUT, WITHOUT ACTION, WE WILL BE STUCK WITH THIS PROBLEM. AN EXAMPLE OF ONE TYPE OF LETTER OR CORRESPONDENCE IS LISTED BELOW. IF SOMEONE CAN ADD THE ADDRESS OR LIST OF ADDRESSES AS TO WHERE TO SEND THIS, PLEASE INCLUDE IT IN A SUBSEQUENT REPLY.

NY State Department of State
Division of Licensing

Date: _____________________________


Re: Request for Public Comment
Draft Version of Home Inspection Code of Ethics
and Standards of Practice



With reference to the Home Inspection Code of Ethics, I cannot support it in its present version, as it promotes a restraint of free trade, and appears to place one licensed profession in NY State in control of another. In fact, it virtually eliminates the role of the home inspector in the home inspection process, for anything other than peripheral duties.

A Code of Ethics should not be created as an amendment to the existing law. It should be limited to setting the ethical standards for Home Inspectors within the State of NY. The draft COE, as currently written, goes far beyond its charter, and is more about veiled control, rather than ethics.

Repeated inferences to the role of a licensed Professional Engineer, as compared to that of a home inspector, creates a situation where the role of one profession is marginalized, while the role of another is established as paramount. Areas within the COE repeat themselves, where existing rules regarding the profession already exist within the current law.

Barring a home inspector from comenting on the soundness or a home or system essentially barrs the practice of home inspections, as Miriam-Webster defines "soundness" as being free from flaw, defect, or decay. This is the essence of what a home inspector is hired to do; comment on defects observed or not observed. If a defect is noted, the home or system is not sound. Therefore, the COE prohibits us from working at our profession. As drafted, one need not use the word "sound" or "soundness" to be in violation of the COE.

I believe the proposed COE is inconsistent with the spirit of the law, and goes far beyond setting ethical criteria that NY State inspectors should abide by. For this reason, I cannot support it, and would respectfully request the current version be abandoned in favor of a new draft which is consistent with existing standards on ethical behavior in our industry.


Respectfully Submitted,


__________________________________________________ ___

[Joseph Hagarty]

http://capwiz.com/ashi/directory/sta...e=NY&lvl=state

[jruppert]

According to the proposed language, it will be mandatory for all home inspectors to make the following statement in their pre-inspection agreement:

“Home inspectors are not permitted to make any statements or comments concerning the adequacy or soundness of the home, its structure or systems and are not permitted to provide engineering or architectural services.”

When anybody from the general public sees this language, they could immediately come to the conclusion that anyone except a PE or an architect is not legally capable of performing a home inspection.

Clients will read this language and ask themselves "why am I hiring a home inspector if he's telling me right in his contract that he can't do what I need him to do?"

Even worse, PEs could (and let's face it, there are unscrupulous individuals in every industry) use this language to the detriment of home inspectors for business profiteering purposes. This law would give PEs the ability to launch PR campaigns against home inspectors to steer business their way. As we all know, already, many Engineering firms almost immediately tell prospective customers that they must use PEs rather than home inspectors for a variety of reasons. This law would give the PEs new heavy ammunition to steer business away from home inspectors and toward PEs.

This is a travesty and it must be stopped! Everybody should take Joe's advice and get on the bandwagon and send your letters!

[Greg Bell]

This is exactly why you don't want a law passed without it referencing a COE and SOP. I hate to say it but the State of Florida will probably do the same during the next three years.

[Leonard E. Ungar]

Hi! Jim;
I see you took my advise and called Joe, Great now maybe something will get done. How come Rob Oconner hasn't said anything???? He is a PE and also mind you,teaches Home Inspection classes for licensing in NYS.
Jim;glad you called, as soon as I can get more info from Joe I think we will have to have a Chapter meeting to dicuss this with all interested inspectors.
Len

[Joe Farsetta]

Len,

The time os NOW to have this meeting. If ASHI inspectors wish to attend, they should also be welcomed. The Treasurer of NYSAHI is also local to Jim. His name is Pete Wilson, and he seems like a good guy. Spoke to him yesterday...

We should coordinate a multi-pronged response.

[Joe Farsetta]

In case there is any doubt as to the meaning of the word "sound" or "soundness", try these two on...

"The condition of being free from defects or flaws" (Answer.com)

"...free from flaw, defect, or decay" (Miriam-Webster)

One need not use the word "sound" or mention "soundness" to be in violation of the COE.

In fact, the specific verbiage is SO BROAD that soundness is referenced whenever one states that something was operating or existing with or without defect or flaw.

If the COE prohibits a home inspector from identifying or commenting on the condition of a home or any of its systems (this would include and defects, whether material or not), then we can, in fact, not perform a home inspection, for the purppose of the inspection is to inspect and report on the condition of readily accessible components and systems as defined in the SOP

The COE, as drafted, puts home inspectors out of business... period, end of report.

[Leonard E. Ungar]

Jim;
I cannot understand why PE's are up in arms against home inspectors????
#1 They get a lot more for their services than we do.
#2 They are specialists we are generalists.
#3 Why they don't understand that if we find anything, we recommend the services of a PE or specialist anyhow!!!!
#4 We are basically helping them because we are pointing out specific things they they can only do, that way we can all make a living????
I know that PE's go thru alot of schooling and training, thats why they are PE's and make a lot more a year than we do as inspectors.
Maybe it's a power trip for them, I have no idea!!!!
If there good at their profession why worry about home inspectors????

This is just a few of my many thoughs
Regards Len Ungar [All Around Home Inspections]
L I Nachi Chapter Pres.

[Joe Farsetta]

Len,

A majority of PEs have no skin n the game, and dont care...

[jruppert]

I think the most effective and fastest way to stop this thing is to have an e-mail campaign to the inspectors in New York. Joe, I know you said that you were planning on getting an e-mail out to everybody on your list. I'm going to try to do the same on the ashi side. Did Pete Wilson agree with our thoughts?

[Nick Gromicko]

I'm glad to be working with ASHI on this... but this is ASHI's mess that we all have to now mop up. ASHI's dumb push for licensing keeps turning and biting us all. When will these guys learn?

[Joe Farsetta]

Nick,

The important thing to do, immediately, is to get the word out to all NY State inspectors.

Can you help us to do that?

[Nick Gromicko]

I'm on it.

[Kenneth Lott]

Originally Posted by gromicko

I'm on it.

What about Georgia Nick ?

[Joe Farsetta]

Ken,

You're not dealing with an existing law, with an existing advisory board who has published a COE which will literally put all HIs not retainng or working for a PE completely out of business.

This is a NY thread. I appreciate the Georgia thing, but please contain those thoughts/concerns to a Georgia thread.

For us, we have less than 30 days to mobilize and get this thing repealed.