NY State publishes proposed home inspector COE and SOP for public comment.

[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.

[Robert J. OConnor]

Originally Posted by jfarsetta

"Home inspectors are licensed by the NYS Department of State. Home Inspectors may only report on readily accessible and observed conditions as outlined in the standards of practice. 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."

I agree the word "only" could be problematic [even though other provisions imply an HI can go beyond the SOP if within existing laws ... e.g. 4.3(5)(a) of the COE].

Originally Posted by jfarsetta

The second section goes directly to my initial objection. Look up "soundness" in your Mirriam Webster. You'd be surprised as to how broad the definition is.

In my mind the use of the terms "adequacy" and "soundness" are as it would relate to the practice of engineering or architecture they way it is used in that sentence and existing laws, so it wouldn't be just the "usual and customary" or dictionary definitions ... which are very general. And the laws specifically allow HI's to inspect and report on the condition of systems & components of a home. I really don't see the big deal as it seems clear, but a clarification of that could be requested.

I think requiring "a written contract that clearly and fully describes the scope of services to be provided" is more problematic. For example, what if a contract section isn't completely clear to a client (or they just claim that). The inspector would then be subject to an ethics complaint. What does that have to do with ethics, as it should just be a legal matter?

JMO

[Donald R. Peterson]

From: DeLollo, Jodi (DOS)
To: Appraisal Education Network School ; Building Performance Contractors Association of New York State ; Cardinal Learning Center of WNY ; Cromlech Architects, PC ; Hudson Valley Chapter of the American Society of Home Inspectors ; Kaplan Professional Schools Inspection Training Associates ; Southern Tier Association of Home Inspectors ; Turn Key Home Inspection System ; Upstate Training ; WNY School of Real Estate
Sent: Tuesday, May 29, 2007 3:08 PM
Subject: Request for Comments (with attachments)


The New York State Home Inspection Council has approved the attached proposed Code of Ethics and Standards of Practice. The Department of State is accepting public comment on both documents until July 2, 2007. Written comments may be submitted to the undersigned by e-mail or letter until July 2, 2007.

The Department and Council look forward to receipt and review of your comments.


Whitney A. Clark
Associate Attorney
Department of State
Division of Licensing Services
Alfred E Smith State Office Building
80 South Swan Street
P.O. Box 22001
Albany, New York 12201-2001
whitney.clark@dos.state.ny.us


Jodi DeLollo
Department of State
Division of Licensing Services
Bureau of Educational Standards
518-486-3803
fax 518-408-2524

[Joe Farsetta]

Bump

[Joe Farsetta]

Double bump.

Come on, guys. It's YOUR livlihood.

[Fred Duemig]

I sent my letter Joe, what esle can/should we do besides spreading the word?

[Bill C. Merrell, CMI]

It appears that NYS has received hundreds of letters to date.

Hopefully with the hudreds of comments, mine included, the state will determine changes which will benefit the industry.

I have disected the 2 documents. If anyone wants copies, e-mail me and I will send them out asap.

All the best to NYS Inspectors.

See many of you within the next 2 weeks when Nick is on Long Island- CE credit and then a presentation from Nick.

www.merrellinstitute.com