I am having my roof replaced, renailed and secondary water resistance added. Is it ok to perform your own wind mitigation or will insurance company’s require someone who has no interest in the house to write the report?
I did on both of my houses.
That’s all I needed to know, thank you!
If you sign that document as a licensed Home Inspector, the laws pertaining to your licensure prohibit you from “inspecting” any property for which you have a financial or transfer interest:
468.8319 Prohibitions; penalties.—
(1) A person may not:
(g) Inspect any property in which the inspector or the inspector’s company has any financial or transfer interest.
*
468.832 Disciplinary proceedings.—
(1) The following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken:
(e) Making or filing a report or record that the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those that are signed in the capacity of a licensed home inspector.
(h) Failing to perform any statutory or legal obligation placed upon a licensed home inspector; violating any provision of this chapter, a rule of the department, or a lawful order of the department previously entered in a disciplinary hearing; or failing to comply with a lawfully issued subpoena of the department.
(j) Failing to meet any standard of practice adopted by rule of the department.
*
Remember, these are laws not rules(standards)……violating them is breaking the law.
They do Wind Mits up in the frozen north?
Thanks Chuck I did not read the post correctly , No wind Mits but we are in the middle of high wind and a big big snow fall .
I did my own, and parents, no issue here
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Yes You are Roy and could You please keep it on Your side of the Lake?
Just so we are all clear on this…you are breaking the law if you perform an inspection of a property that you own. Period! Not rules (61-30), laws (468.83).
If you sign that document as a licensed Home Inspector, the laws pertaining to your licensure prohibit you from “inspecting” any property for which you have a financial or transfer interest:
*468.8319 Prohibitions; penalties.—
(1) A person may not:
(g) Inspect any property in which the inspector or the inspector’s company has any financial or transfer interest. *
*468.832 Disciplinary proceedings.—
**(1)*The following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken:
(e) Making or filing a report or record that the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those that are signed in the capacity of a licensed home inspector.
(h) Failing to perform any statutory or legal obligation placed upon a licensed home inspector; violating any provision of this chapter, a rule of the department, or a lawful order of the department previously entered in a disciplinary hearing; or failing to comply with a lawfully issued subpoena of the department.
(j) Failing to meet any standard of practice adopted by rule of the department.
Remember, these are laws not rules (the standards of practice are “rules”)……violating them is breaking the law.
Shows how smart the insurance companies are that they let that get through. That is the good thing about having friends / Competitors you get along with 
Rob,
How would it work if you worked for a company and say they were house flippers that had hired you full time and payed you as an employee to inspect houses they were considering buying? It would sure seem to go against the LAW but how on earth can that be right. A company puts a guy who is an inspector on full time to inspect their investments and they cannot use him?
468.832 Disciplinary proceedings.—
(1) The following acts constitute grounds for which the disciplinary actions in subsection (2) may be taken:
(e) Making or filing a report or record that the licensee knows to be false, willfully failing to file a report or record required by state or federal law, willfully impeding or obstructing such filing, or inducing another person to impede or obstruct such filing. Such reports or records shall include only those that are signed in the capacity of a licensed home inspector.
(h) Failing to perform any statutory or legal obligation placed upon a licensed home inspector; violating any provision of this chapter, a rule of the department, or a lawful order of the department previously entered in a disciplinary hearing; or failing to comply with a lawfully issued subpoena of the department.
(j) Failing to meet any standard of practice adopted by rule of the department.
Remember, these are laws not rules……violating them is breaking the law.
468.8319 Prohibitions; penalties.—**
(1) A person may not:
(g) Inspect any property in which the inspector or the inspector’s company has any financial or transfer interest. *
Since I already own the house, what financial interest do I have?
And, that pertains to home inspections.
Wind mitigation inspections are performed under a different statute, which makes no mention of not doing the inspection on your own home.
Then, there is this:
You are reaching on this one…
Tell me Eric, if you have “no financial interest”, why did you complete the form on your home again?
Does your license say “home inspection” on the front or “home inspector”?
Correct me if I’m wrong, but doesn’t statute 627.711 specifically require you to be licensed under statute 468.83 if you are completing the form as a licensed home inspector? I believe it does, looky there.
This couldn’t be any simpler…really…your licensure is not governed by an insurer, it’s governed by the DBPR. Did you sign that form as a licensed home inspector? These are the laws that govern and validate your licensure…not standards…laws.
This isn’t a pick and choose option…and it’s not rocket science…a 12 year old could figure this out.
Don’t worry, about 10 of us are having the best chuckle watching you guys fumble around with this…classic.
I am with Eric on this…and welcome any 3rd party to re inspect my stuff, and expect extra scrutiny
Let’s start at the beginning. The statute you reference pertains to home inspections.
468.8311 Definitions.—As used in this part, the term:
(1) “Department” means the Department of Business and Professional Regulation.
(2) “Home” means any residential real property, or manufactured or modular home, which is a single-family dwelling, duplex, triplex, quadruplex, condominium unit, or cooperative unit. The term does not include the common areas of condominiums or cooperatives.
(3) “Home inspector” means any person who provides or offers to provide home inspection services for a fee or other compensation.
(4) “Home inspection services” means a limited visual examination of the following readily accessible installed systems and components of a home: the structure, electrical system, HVAC system, roof covering, plumbing system, interior components, exterior components, and site conditions that affect the structure, for the purposes of providing a written professional opinion of the condition of the home.
The DBPR issued a declaratory statement on if a wind mitigation inspection is performed to the same standards as a home inspection.
The answer was:
Another declaratory statement was issued with regards to referral fees to “agents” which stated in pertinent part, that this practice was allowed.
This would seem to contradict this under prohibitions, penalties:
It is quite obvious, that if the standards don’t apply, and in this case, when the penalties are overruled, it would be logical to assume, that the wind mitigation inspection is not classified as a home inspection service and there fore, the penalties in that chapter do not apply either.
In fact, there are penalties for fraud located in the statute, why wouldn’t there be the same penalties in the wind mitigation statute? Why have a different statute in the first place?
As I have said to you at least three times, if you are so sure of this, make a complaint with the DBPR and see what happens.
Added with edit: I spoke with DBPR and they do not regulate wind mitigation inspections. The statute, 468, applies to home inspections as defined therein.
If you were to perform a wm on your own home, with the intent of defrauding the insurance company by obtaining credits you do not deserve, then you would be committing fraud and the wm statute deals with that.
For those that wish to find out for themselves:
http://myfloridalicense.custhelp.com/app/answers/detail/a_id/533
And Robert…you can stop emailing me about this now!!
***these inspections do not also meet the definition of home inspection services as defined in section 468.8311(4), Florida Statutes (2014). ***
I do have one last question for you.
If your standards of practice don’t apply to insurance inspections you perform as a licensed Home Inspector……how did the DBPR Home Inspector Division approve over 41 courses specifically on “wind mitigation” and “4-point” inspections when course approval REQUIRES that the course “relate to the practice of home inspection services as defined in 468.8311” ?
61-30.503 Course Approval, Prelicensure and Continuing Education. (b) The course provider shall submit to the department the following for course approval before the course is offered: an application, a detailed course outline describing the course’s content and subject matter, and a written statement that explains in detail how the course relates to the practice of home inspection services as defined in Section 468.8311(4), F.S.
Funny how that works……eh? whoopsie!
To add, the declaratory statement about Home Inspectors being able to give “kickbacks” for referrals was overturned…call the DBPR and ask (I have Rick Morrison’s cell number if you need it). Actually, both of the DC statements he released were wrong, and proven wrong years ago.
Update your information Eric, what you are telling Home Inspectors is false. I wrote two of the DC statements you are referencing, and they don’t say what you want them to say…they say this:
Department declines to initiate rulemaking.
Funny how they declined to initiate rule making but you are using it to do that very thing.
That’s so weird……statute 468 doesn’t apply to wind mitigation inspections yet the requirement for Home Inspector continuing education to complete wind mitigation form is located within statute 468.8316………
468.8316 Continuing education.—
(1) The department may not renew a license until the licensee submits proof satisfactory to the department that during the 2 years before application for renewal the licensee completed at least 14 hours of continuing education. Of the 14 hours, at least 2 hours must be in hurricane mitigation training that includes hurricane mitigation techniques and compliance with the uniform mitigation verification inspection form developed under s. 627.711(2). The department shall adopt rules establishing criteria for approving continuing education providers and courses.
Wow, 468.8316 references 627.711 AND the 1802 Form…who’d a thunk it?
And the statute says “The department shall adopt rules establishing criteria for approving continuing education providers and courses”. Gee, I wonder what the “rules” say? Golly-gee Eric…wonder how the department will develop rules for Home Inspector continuing education courses that don’t meet the definition of home inspection services?
61-30.503 Course Approval, Prelicensure and Continuing Education.**
Prelicensure and continuing education courses shall be valid for purposes of the licensure and continuing education requirement only if such courses have received approval from the Home Inspection Unit before the course is offered.
(b) The course provider shall submit to the department the following for course approval before the course is offered: ……a written statement that explains in detail how the course relates to the practice of home inspection services as defined in Section 468.8311(4), F.S.*
***(c) *The required two (2) hours of instruction regarding hurricane mitigation training shall include training on completion of the “Uniform Mitigation Verification Inspection Form,” OIR-B1-1802 (Rev. 01/12), incorporated by reference in Rule 69O-170.0155, F.A.C. (eff. 2/1/12).
Sooooooooo weird……right?
But I guess since 468.8314 and FAC 61-30 don’t apply to wind mitigation inspections, we are all exempt from these requirements…lol
Since I spoke with Mr. Morrison this morning, and you know it, and I have the conversation taped, you may print all the copy and paste you want. It still doesn’t change the fact that the home inspection statute has nothing to do with the wind mitigation inspections.
And when I informed you of my conversation this morning what was your adamant denial?
This:“Rick isn’t a judge, and has made mistakes in the past, several mistakes. If you continue down this road home inspectors will be removed from the form. They were only added when they were licensed Eric. Think maybe that means something?”
He was quite clear. DBPR has nothing to do with wind mitigation inspections. Nor do they want to…
Everyone is free to do what they want. I got my answer from the source.
I am not going to continue this discussion as I consider the matter closed.