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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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  #16  
Old 4/2/08, 9:51 AM
Brian E. Kelly's Avatar
Brian E. Kelly Brian E. Kelly is offline
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Default Re: Texas - Required to move items

Quote:
Originally Posted by Brian A. MacNeish
Sooo.........many items....had a hard time loading these pictures. But it was all pretty well organized........And you couldn't get to that hot water tank back in the corner?
You must be new to this game Brian, garage slab floor could not be observed.
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  #17  
Old 4/2/08, 9:53 AM
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Michael R. Boyett Michael R. Boyett is online now
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Default Re: Texas - Required to move items

Quote:
Originally Posted by bkelly2
You must be new to this game Brian, garage slab floor could not be observed.
Much less the wall outlets to ensure GFCI protection was present .
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  #18  
Old 4/2/08, 10:04 AM
Brian E. Kelly's Avatar
Brian E. Kelly Brian E. Kelly is offline
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Default Re: Texas - Required to move items

Quote:
Originally Posted by mboyett
Much less the wall outlets to ensure GFCI protection was present .
Old hand Michael.

I have a lawsuit story to share as soon as it is finished.
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  #19  
Old 4/2/08, 11:58 AM
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Nick Gromicko Nick Gromicko is online now
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Default Re: Texas - Required to move items

Clearing out a garage would make it more "difficult."

I like www.nachi.org/comsop.htm 's definition:

Accessible: Can be approached or entered by the inspector safely, without difficulty, fear or danger.



Nick Gromicko, Certified Master Inspector

Find a Home Inspector
"Just as iron sharpens iron, one man sharpens another." Proverbs 27:17
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  #20  
Old 4/2/08, 12:12 PM
Gary Farnsworth Gary Farnsworth is offline
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Default Re: Texas - Required to move items

I'm in Kansas. With our new bill in the senate, I can see hundreds of pictures, and hundreds of pages of documentation in an inspection report, and take days to prepare. The life of this industry, seems to me, is limited.
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  #21  
Old 4/3/08, 11:49 AM
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gporter gporter is offline
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Default Re: Texas - Required to move items

Quote:
Originally Posted by ldapkus
Don't forget to check under those skid marked drawers.
Funny



Gary Porter

GLP's Home and Mold Inspections
321-239-0621

Certified Commercial Mold Inspector

Serving Orlando, Kissimmee, Winter Park, Winter Springs, Oviedo, Titusville, Celebration, Harmony, Avalon, Windermere, Deltona, Debary, Sanford
Orange County, Seminole County, Volusia County, Osceola County

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  #22  
Old 4/3/08, 11:53 AM
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David A. Andersen David A. Andersen is offline
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Default Re: Texas - Required to move items

Don't test the outdoor GFCI's without checking the garage first!!!!
You may HAVE to move all that stuff!
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  #23  
Old 4/3/08, 1:03 PM
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John McKenna John McKenna is offline
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Default Re: Texas - Required to move items





I should be through inspecting this house in 3 days, after I move all the stuff...



John McKenna, CMI (TREC #4565)
Executive Director - Master Inspector Certification Board
25 Yrs Constr Exp - 13 Yrs Home Inspector Exp
American Home Inspection - East Texas.

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  #24  
Old 4/4/08, 12:38 AM
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Richard W. Washington Richard W. Washington is offline
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Default Re: Texas - Required to move items

Quote:
Originally Posted by jcahill
The Texas Standards have been revised by subcommittee. They go before full committee in early April. The first example of profound change is in the definition of accessible.

The proposed standard will require the inspector, by implication, to move items of low value in order to perform the inspection. This may have significant impact on the scope of inspection.

Review the history of this definition. The current Texas (or NACHI) standard does not require items to be moved.

Current TREC definition: Inaccessible - Not having access without the use of special tools, equipment, or instruments, or removing doors, walls, stored items or similar obstructions, or by causing damage to a structure, finish or component, equipment or system, or by virtue of inadequate clearance, walkways, passageways, or hazardous condition.

No national or international inspection standard requires the inspector to move stored items. The subcommittee is proposing a significant change in the way the inspector does business.

The original revision required inspectors to move items of low value. After objections it was re-written in the inverse.

Current proposal:
Accessible - In the judgment of the inspector, the part, component or system can be approached, entered or viewed without moving large, heavy, fragile or valuable objects or obstacles, probing, using specialized tools or procedures, damaging property or disassembly, and without physical limitation or danger to the inspector. (current proposed wording)

Current proposal paraphrase

Without Moving Large Heavy Fragile Valuable Objects

Implied requirement

With Moving Small Light Durable Inexpensive Objects

This requires the inspector to move items. This radically changes 30 years of inspection fundamentals used throughout the United States and Canada.

Comments please

What is low value? $50 or less, $25 or less, is that nightstand $50 or $100? Uhmm it's a $100. Guess I need a picture of every supposedly low value item for cya.



Richard W. Washington, owner
RW Home Inspections, Inc.
www.RWHOMEINSPECTIONS.com
Texas Real Estate Commission (TREC)
Professional Inspector License #7238
Texas Professional Real Estate Inspectors Member (TPREIA)-Greater Houston Chapter
InterNACHI member since 2004
Based in Katy, serving Houston and all surrounding communities
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  #25  
Old 4/4/08, 8:01 AM
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James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: Texas - Required to move items

You better bring an antique appraiser with you for you can tell if it is really valuable or a cheap copy!
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  #26  
Old 4/4/08, 10:31 AM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: Texas - Required to move items

Brian -

When I'd only been in this 24 years, I too used to often move peoples crap to get to ........... I was a big boy inspector (dumb ***, big boy).

With all the foreclosures and BIG, high $$$$ houses on the market for 6 months / 1 year people and their used house commissioned sales man have gotten way more NASTY than in years past.

Three times in the past year, after we inspected a house that had been on the market for 10 months to 18 months and found lots of problems - the buyer backed out.

Next thing we know, the seller or the listing Agent is calling telling us the cardboard box on the basement floor that we moved to be able to stand in front of the electrical panel (the box was next to the 5 year olds toy train track set) had GRANDMA's (now deceased) antique china doll (handed down for 5 generations) in it AND theres now a chip in the doll that the seller doesn't remember being there before AND the seller feels its ruined forever and wants $1,500 for their pain and suffering ..............

SOP - Sorry folks, we don't move .... You want it inspected move it for us.

Basic - Home Inspector Survival 101-A
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  #27  
Old 4/4/08, 11:09 AM
Gary Farnsworth Gary Farnsworth is offline
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Default Re: Texas - Required to move items

People now days just have more stuff. I have done presentations to reatlors, and have distributed a list of pre-inspection tips to get the home ready for an inspection. It is even on my web site. I promote it heavily. I cannot count the number of times I have chased a cat out of a home.

http://www.metrospeckc.com/Before_The_Inspection.php
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  #28  
Old 4/4/08, 12:10 PM
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Default Re: Texas - Required to move items

Quote:
Originally Posted by dbowers

the cardboard box on the basement floor that we moved to be able to stand in front of the electrical panel (the box was next to the 5 year olds toy train track set) had GRANDMA's (now deceased) antique china doll (handed down for 5 generations) in it AND theres now a chip in the doll that the seller doesn't remember being there before AND the seller feels its ruined forever and wants $1,500 for their pain and suffering ..............

SOP - Sorry folks, we don't move .... You want it inspected move it for us.

Basic - Home Inspector Survival 101-A
worth repeating!
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  #29  
Old 4/4/08, 1:38 PM
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John McKenna John McKenna is offline
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Default Re: Texas - Required to move items

Have the client sign a "we will not move anything" disclaimer if needed.



John McKenna, CMI (TREC #4565)
Executive Director - Master Inspector Certification Board
25 Yrs Constr Exp - 13 Yrs Home Inspector Exp
American Home Inspection - East Texas.

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  #30  
Old 4/4/08, 4:50 PM
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Bruce A. King Bruce A. King is offline
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Default Re: Texas - Required to move items

Quote:
Originally Posted by gromicko
I like www.nachi.org/comsop.htm 's definition:

Accessible: Can be approached or entered by the inspector safely, without difficulty, fear or danger.

"without difficulty"... moving most stuff is not really difficult, it is time consuming, so is moving things included in this sop or not?


"fear of danger".... does this include the "danger" of being accused of scratching something?


I think Texas needs to get more specific too, they should list the items that are required to be moved AND when they need to be moved such as: push mower, light cardboard box, up to 3 bicycles to access an electrical panel.

ie. Move countertop items blocking outlets that appear to the inspector to not be fragile.

ie. Move one basket of clothes to look behind the dryer.

What about an attic stair above a car and the keys are in the car (owner not home)? Do you texas guy's have to move the car to gain access to the attic?


Looks like a non-inspector, non legally educated type has been tweaking the rules in texas!



B.A. King Home Inspections, LLC
www.BAKingHomeInspections.com
Serving Charlotte NC area and Rock Hill SC areas.
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704 301-3207



"Discovery consists in seeing what everyone else has seen and thinking what no one else has thought."
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