I guess your just in an argumentative mood today. “Code” implies “beyond” while “Master” implies “better” than the next guy. Obviously if you advertise yourself as a master it holds your feet to the fire in making sure you do a damn good job for the client. Tons of inspectors imply that they are better than the next guy to land the inspection and obviously (if they are not) they stand a better chance of being sued than the vanilla inspector.
Not really argumentativ, David. I just disagree that the word “code” in advertising implys “beyond”. I believe it can just as easily imply “better” as can “master”. To me, both would invite the same degree of liability.
Not that either situation really worries me much - I don’t see it as an effective arguement not to use either designation.
In the end it all comes down to the agreement wording and the education you provide about what you do and don’t do.
If you cannot see the distinction between the two I can’t do anything to get you to. I bet if you run your position by any lawyer they will say what Nick has said.
I have consulted my lawyer (but not recently - I think about a year ago) when I was hot to get the ICC certification and he told me to go for it. The key was using it as a reference tool (general knowledge that I can pass on, like if I took an in-depth HVAC course) not as an inspection criteria (“I do not do Code inspections”). I already exceed the SOPs in dozens of ways, so my liability is already extended in some aspects.
The key (according to my lawyer) is in the wording of my agreement and my explanation that some things I do (walk roofs for instance) exceed SOPs but I am not required to do so and only do these things to get a more complete picture of the home and its systems to improve the report, not to find everything about the home.
It is a subtle thing, I grant you. I walk a fine line some days, I am sure, but my overall point was that lawyers like to limit everything - it’s what they do, especially given the option to add limits and exclusions.
My lawyer is a realist and understands that I am going to push the envelope a little. He tells me when I go too far. Code Certification was not too far for him, and I am sure he will be fine with Master or whatever other designation I decide to add - so long as I let him craft the agreement and guide my intorduction of the inspection.
I think the point was that having such knowledge is a useful tool but advertising the code credentials as a home inspector is riskier business than just saying you are a better inspector. The agreement is important as long as your verbal and other representations do not run counter to it.
I would agree with your lawyer, once you are ICC Certified you will be expected to perform that work in compliance with the codes you were certified under and the ICC Code of Ethics, same as you do right now under whatever SoP & CoE you are using as a home inspector, nothing really changes.
Again, all that is needed is a strong pre-inspection agreement, adhering to an written SoP & CoE and an expected Level of Care, under those conditions I would argue you are as bullet-proof as anything else you currently do. It is either that or go hide under a rock in fear of doing anything.
People operate business’s under a myriad of different models, if your business model is founded on personal integrity, customer service and documented procedures you have reduced your chances of being successfully sued to acceptable levels and in business that is as good as it gets, especially here in Florida.
I have no problem with advertising my ICC status and will use it to promote my business, I believe it will remain far superior to CMI for years to come. Unlike CMI it is very doubtful that someone without prior construction experience will be able to pass all four ICC exams after attending a 100-hour course, besides the minimum cost to sit the exams is $400. All good reasons why most people won’t go that route and it will remain a viable way to separate yourself from the pack for the foreseeable future. For instance I took an ICC review course this spring with 200 other folks, as far as I know I am the only one out of the group to go on and complete all four exams, you should go for it if you believe that it will promote your business while helping your clients, and forget about the doom & gloom soothsayers.
