"Who should get the blame?" she asks....

[Eric C. Van De Ven]

Originally Posted by bboerner

Yes I know it is. Personally I feel each and everyone of us should be code certified before being certified as a true home inspector through NACHI. I'm not certified yet however I will be ICC certified soon.

I think the problem with being ICC certified, and I agree with you and in fact, it was a requirement for my "Grade 1" inspector designation when I submitted my proposal for licensing to Governor Bush, it may give the impression that you are performing a code enforcement inspection, which, according to the op, is what may get this inspector in trouble.

[Billy Boerner]

Originally Posted by evandeven

I think the problem with being ICC certified, and I agree with you and in fact, it was a requirement for my "Grade 1" inspector designation when I submitted my proposal for licensing to Governor Bush, it may give the impression that you are performing a code enforcement inspection, which, according to the op, is what may get this inspector in trouble.

Yea I'm sitting on a tree still when it comes to advertising the fact however I think to many things are missed when one doesn't understand minimum code requirements. I personally want to do it on a educational level. Before I die I will be close to knowing as much as Marcel. lol

[pcooley]

Let me say first i am a newbie to this field of HI and my first post. before i started this any maintenance or remodeling i did was referenced to the code for minimum compliance and to make sure it actually had to be repaired, just because it was ugly doesn't mean it was wrong or broke. I have seen alot of very ugly things that met code

Then with out the code as reference how can you justify writing up a tpr valve and drain problem? or an electrical issue.... where do i get my hands on that infamous industry standards book everyone is telling me to reference? is there one? why not just write in my opinion blah blah is defective, worn, broken...what ever

I write blah blah doesn't look right in accordance to industry standard or my opinion. when you are asked to support that opinion what book do you pull out? can't be the code book, because everything here is telling me i cant use it.

[Peter C. Russell]

Billy, the main difference between a code inspector for a municipality and a home inspector it the code inspector is not liable for any mistakes.

Once you become certified you'll have to make your client's expectation's known not only verbally but in writing.

This may be a problem when trying to book an inspection over the phone, especially on older home's.

[James H. Bushart]

Originally Posted by pcooley

...everything here is telling me i cant use it.

Nothing in this thread even implies that you should not know and personally refer to the applicable codes.

We are discussing communication with your client.

[Chuck Evans]

Here is the full preamble for all TREC Real Estate Inspections. It is part of the promulgated form and must be included in all reports. IMO it's one of the better products of the last iteration of the SOP.

I'm including it in its entirety because I think that there are pieces which can be useful and adapted for non-Texas inspectors too (emphasis added by me for relevancy to the topic of the thread).

This property inspection report may include an inspection agreement (contract), addenda, and other information related to property conditions. If any item or comment is unclear, you should ask the inspector to clarify the findings. It is important that you carefully read ALL of this information.

This inspection is subject to the rules (“Rules”) of the Texas Real Estate Commission (“TREC”), which can be found at www.trec.state.tx.us.

The TREC Standards of Practice (Sections 535.227-535.231 of the Rules) are the minimum standards for inspections by TREC-licensed inspectors. An inspection addresses only those components and conditions that are present, visible, and accessible at the time of the inspection. While there may be other parts, components or systems present, only those items specifically noted as being inspected were inspected. The inspector is not required to move furnishings or stored items. The inspection report may address issues that are code-based or may refer to a particular code; however, this is NOT a code compliance inspection and does NOT verify compliance with manufacturer’s installation instructions. The inspection does NOT imply insurability or warrantability of the structure or its components. Although some safety issues may be addressed in this report, this inspection is NOT a safety/code inspection, and the inspector is NOT required to identify all potential hazards.

In this report, the inspector will note which systems and components were Inspected (I), Not Inspected (NI), Not Present (NP), and/or Deficient (D). General deficiencies include inoperability, material distress, water penetration, damage, deterioration, missing parts, and unsuitable installation. Comments may be provided by the inspector whether or not an item is deemed deficient. The inspector is not required to prioritize or emphasize the importance of one deficiency over another.

Some items reported as Deficient may be considered life-safety upgrades to the property. For more information, refer to Texas Real Estate Consumer Notice Concerning Recognized Hazards, form OP-I.

This property inspection is not an exhaustive inspection of the structure, systems, or components. The inspection may not reveal all deficiencies. A real estate inspection helps to reduce some of the risk involved in purchasing a home, but it cannot eliminate these risks, nor can the inspection anticipate future events or changes in performance due to changes in use or occupancy. It is recommended that you obtain as much information as is available about this property, including any seller’s disclosures, previous inspection reports, engineering reports, building/remodeling permits, and reports performed for or by relocation companies, municipal inspection departments, lenders, insurers, and appraisers. You should also attempt to determine whether repairs, renovation, remodeling, additions, or other such activities have taken place at this property. It is not the inspector’s responsibility to confirm that information obtained from these sources is complete or accurate or that this inspection is consistent with the opinions expressed in previous or future reports.

ITEMS IDENTIFIED IN THE REPORT DO NOT OBLIGATE ANY PARTY TO MAKE REPAIRS OR TAKE OTHER ACTION, NOR IS THE PURCHASER REQUIRED TO REQUEST THAT THE SELLER TAKE ANY ACTION. When a deficiency is reported, it is the client’s responsibility to obtain further evaluations and/or cost estimates from qualified service professionals. Any such follow-up should take place prior to the expiration of any time limitations such as option periods. Evaluations by qualified tradesmen may lead to the discovery of additional deficiencies which may involve additional repair costs. Failure to address deficiencies or comments noted in this report may lead to further damage of the structure or systems and add to the original repair costs. The inspector is not required to provide follow-up services to verify that proper repairs have been made.

Property conditions change with time and use. For example, mechanical devices can fail at any time, plumbing gaskets and seals may crack if the appliance or plumbing fixture is not used often, roof leaks can occur at any time regardless of the apparent condition of the roof, and the performance of the structure and the systems may change due to changes in use or occupancy, effects of weather, etc. These changes or repairs made to the structure after the inspection may render information contained herein obsolete or invalid. This report is provided for the specific benefit of the client named above and is based on observations at the time of the inspection. If you did not hire the inspector yourself, reliance on this report may provide incomplete or outdated information. Repairs, professional opinions or additional inspection reports may affect the meaning of the information in this report. It is recommended that you hire a licensed inspector to perform an inspection to meet your specific needs and to provide you with current information concerning this property.

I have no fear of making references to model building codes (there is no magic voodoo here). I do NOT call out "code violations". Model building code references certainly aren't "puffery" when a builder, roofer, etc. (who are not licensed in TX) tries to tell the buyer that it's OK that way or when the buyer's agent is drafting a repair amendment to a contract of sale.

To date no one has presented a bona-fide law suite that was brought against an inspector or won based on a reference or citation of a model building code (Jim tried to pull a fast one with the Texas case, but his premise was bogus and representation of the case and the outcome were false).

Until presented with an actual case where an inspector has been harmed legally because he made a proper, informed reference to a model building code, I consider this thing to be an Inspector Urban Myth.

[Christopher Currins]

I'm not a big fan of disclaimers, but I like this one Chuck.

The inspection report may address issues that are code-based or may refer to a particular code; however, this is NOT a code compliance inspection and does NOT verify compliance with manufacturer’s installation instructions. The inspection does NOT imply insurability or warrantability of the structure or its components. Although some safety issues may be addressed in this report, this inspection is NOT a safety/code inspection, and the inspector is NOT required to identify all potential hazards.

[James H. Bushart]

It's pretty easy to explain to a client that "code inspections" are done at various intervals of construction because once the drywall is in place, the majority of the areas where many "code violations" take place are hidden.

That is why it is prudent for them to run a permit search....with the understanding that code violations that they inherit become their responsibility to upgrade or demolish as the jurisdiction sees fit.

[Eric C. Van De Ven]

Well Chuck
It looks like Texas pretty much shoots down the notion of being sued for quoting code.(may refer to a particular code)
One of my other suggestions for licensing here in Florida back in 2003 was to use the Texas SoP as a template, as I felt it was the best out there at the time.
I haven't read the latest version, but I suspect, it is better than it was before.

When a deficiency is reported, it is the client’s responsibility to obtain further evaluations and/or cost estimates from qualified service professionals. Any such follow-up should take place prior to the expiration of any time limitations such as option periods. Evaluations by qualified tradesmen may lead to the discovery of additional deficiencies which may involve additional repair costs. Failure to address deficiencies or comments noted in this report may lead to further damage of the structure or systems and add to the original repair costs. The inspector is not required to provide follow-up services to verify that proper repairs have been made.

Strangely enough, similar wording is found on my "Estimates" page.

I really like the above paragraph. I wonder what they are trying to say with the last sentence?