Specifically in Florida, as a licensed HI, can I legally perform plumbing leak detection services (drain and supply)? I would greatly appreciate very specific statutes or declaratory statements if possible. Thank you very much for any help you can provide.
I don’t know… CAN you??
You should be talking to your Insurance Provider, not us.
I was just curious about the legality of it as of now, not liability. Just trying to find out if any of the Florida Nachi guys have any knowledge as to whether or not it exceeds the scope of HI license or if its perfectly legal.
I answered that for you at Thornberrys forum.
Was wondering if he got booted from there, or simply didn’t like the replies he got there.
You can inspect anything plumbing you want and however you want to.
But, you can’t do the repairs…
Simple as that.
Thanks again Roy. I was just curious if you or anyone is aware of anything in writing? Such as a declaratory statement or statute or something like that? I have no intention of making any repairs. I have a large Client that is under the impression that you must have a plumbing license to scope or leak detect. I was hoping someone was aware of something that I can show the Client to prove this opinion. Thanks again.
I think you will be running afoul, as I remember this issue came up years ago, and it was determined that sticking anything into the sewer lines required a plumbing license.
Thanks for providing that specific information. I printed it all up and will peruse it tomorrow between appointments. Much appreciated.
The CILB’s explains it’s general reasoning for the ruling at the end of the Declaratory Statement and so it may one day use the same thinking to regulate an inspection of a sewer line. However this Declaratory Statement is specifically addressing “Sewer and Drain Cleaning,” not sewer scoping or inspection. The words “Sewer Scope” and “Inspection” are not mentioned in the Declaratory Statement.
Furthermore, the Declaratory Statement lists the regulated acts that require one to be a “Plumbing contractor” or an “Underground utility and excavation contractor.” Those are listed in the Declaratory Statement and are: “Install, maintain, repair, alter, extend, or, if not prohibited by law, design” and “construction, installation, and repair,” respectively.
And finally, home inspectors are just as licensed as plumbers and contractors in Florida. Sewer scoping and inspection is merely information gathering with a specialized camera, and this clearly falls more into a home inspector’s duties than any other licensed profession.
For these reasons, InterNACHI’s position is that the Declaratory Statement does not address or pertain to sewer scoping services.
Read it again.
It clearly states:
“Petitioner asks the Board whether a Contractors License is required for sewer and drain cleaning, TV pipeline inspection, and private utility locating.”
I agree with Nick. I have looked at the definition on “plumbing” in many states, and in general I believe it is defined as installation or repair, not diagnosis. We will create a formal position paper you can use.
I don’t think the opinion states that sticking anything into a line requires a license. It says “may not install piping.” It’s poorly written, which is typical of government agency writing. Note also that the opinion states, “The applicability of this Declaratory Statement is limited to the set of facts incorporated herein.” The opinion actually doesn’t address the issue of inspections even though that was one of the questions the Petitioner asked.
Note that the Florida definition of plumbing contractor is:
“Plumbing contractor” means a contractor whose services are unlimited in the plumbing trade and includes contracting business consisting of the execution of contracts requiring the experience, financial means, knowledge, and skill to install, maintain, repair, alter, extend, or, if not prohibited by law, design plumbing. A plumbing contractor may install, maintain, repair, alter, extend, or, if not prohibited by law, design the following without obtaining an additional local regulatory license, certificate, or registration: sanitary drainage or storm drainage facilities, water and sewer plants and substations, venting systems, public or private water supply systems, septic tanks, drainage and supply wells, swimming pool piping, irrigation systems, and solar heating water systems and all appurtenances, apparatus, or equipment used in connection therewith, including boilers and pressure process piping and including the installation of water, natural gas, liquefied petroleum gas and related venting, and storm and sanitary sewer lines. The scope of work of the plumbing contractor also includes the design, if not prohibited by law, and installation, maintenance, repair, alteration, or extension of air-piping, vacuum line piping, oxygen line piping, nitrous oxide piping, and all related medical gas systems; fire line standpipes and fire sprinklers if authorized by law; ink and chemical lines; fuel oil and gasoline piping and tank and pump installation, except bulk storage plants; and pneumatic control piping systems, all in a manner that complies with all plans, specifications, codes, laws, and regulations applicable. The scope of work of the plumbing contractor applies to private property and public property, including any excavation work incidental thereto, and includes the work of the specialty plumbing contractor. Such contractor shall subcontract, with a qualified contractor in the field concerned, all other work incidental to the work but which is specified as being the work of a trade other than that of a plumbing contractor. This definition does not limit the scope of work of any specialty contractor certified pursuant to s. 489.113(6) and does not require certification or registration under this part as a category I liquefied petroleum gas dealer, or category V LP gas installer, as defined in s.527.01, who is licensed under chapter 527 or an authorized employee of a public natural gas utility or of a private natural gas utility regulated by the Public Service Commission when disconnecting and reconnecting water lines in the servicing or replacement of an existing water heater. A plumbing contractor may perform drain cleaning and clearing and install or repair rainwater catchment systems; however, a mandatory licensing requirement is not established for the performance of these specific services.
So, in Florida, a plumbing contractor can install, maintain, repair, alter, extend, or, if not prohibited by law, design plumbing. It mentions nothing about inspecting or diagnosing.
Here is the Florida definition of… Home inspection services
“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.
Further, Florida law defines (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.
Thus, Florida seems to recognize that a visual inspection of a plumbing system is something a home inspector can do without a plumbing contractor license.
I thank you Dominic DAgostino, Roy Lewis, Nick, and Mark Cohen for all valuable input and for taking this topic seriously. It does mean a lot to me as this is a sticking point with a Client of mine. An official position by InterNACHI will make a huge difference. Mark and Nick, I appreciate the fact that you are going to take the time to develop an official position on plumbing camera inspection.
It pays to be a member of InterNACHI.
Yep! That is why I posted it.
I normally agree with what you post but I think a HI can do a sewer scope legally, that question to DBPR had to many parts to it, …I would bet that if someone submitted “can a licensed home inspector during the course of a home inspection use video/ electronic equipment to inspect the sewer lines of a home” the answer is “yes as long as no work was was performed”…little more iffy/ grey as a stand alone service ( I don’t offer it)
You may be correct, the answer (and the question) contain too many parts to provide a useful conclusion, however I was responding to a post by someone that the Board’s Declaratory Statement didn’t address video inspection.