Definition of "home Inspection" for licensing requirements?

Local Inspection Issues Florida Home Inspectors
#1

The Florida Home inspector licensing law is very specific in it’s definition of “home inspection”. Due to that very specific definition, could a non licensed inspector omit on of the items or systems defined in the statute and avoid licensing requirements?

For example: a contract between a non licensed inspector and a consumer (both willingly and knowingly enter into the contract) specifies that the inspection will inspect everything in the home except the roof and roof coverings. (Lets assume that the would be buyer is bringing in a licensed roof contractor for the roof portion) Would this activity be a violation of the home inspector licensing law?

#2

Steve, been doing some homework on this one and the only thing I come up with is this: http://www.myfloridalicense.com/dbpr/pro/cilb/documents/ds_2012-010.pdf
It is the only declaratory statement I can find issued by the DBPR, perhaps it answers a few of your questions. But the way I see it is that if a license is needed it is the responsibility of the contractor NOT the homeowner. A homeowner can never agree to waive a requirement (they can, but it has no force in law). So from what I’m reading, it would seem that a div 1 contractor could do this without a problem, as long as he doesn’t hold himself out as a home inspector. Which kind of takes all the teeth out of the home inspectors licensing requirements. Talk about making a playing field unlevel!
So a licensed home inspector must jump through all the hoops set up by the licensing board, but a contractor can do as they please, just so long as they don’t call themselves a home inspector!
Now that is really messed up, and I say that as a contractor, with a home inspectors license too! Hopefully I am reading it wrong!

#3

Licensing is not about leveling squat. If you wish to be equal to someone else then become their equal.

Do not try to legislate yourself to equality. Earn It.

Licensing is not about protecting clients either. Only a fool would believe that.

LICENSING IS ABOUT REVENUE, THAT’S IT.

#4

You are not reading it wrong.

#5

I don’t think you will ever get it. And if you do, you would likely never admit it.

The issue not about and never has been about being “equal” in qualifications or credentials or “earning” this or that- or one of your favorite terms- “rights”. Since home inspector licensing was implemented, there has been two sets or rules and standards (- or lack of standards for contractors doing inspections -in this case). There is one set of rules for professional home inspectors who are required follow a measurable standard of practice (SOP) and long standing ethics provisions that are codified in statute- and another set of rules (none actually) for contractors. There are no standards of practice for a contractor conducting home inspections. There are no ethics provisions for a contractor conducting home inspections (other than that the good moral character clause). Both the professional licensed home inspector and the licensed contractor can legally do a home inspection. There are, however, two sets or rules. This lack of standards and ethics provisions for the licensed contractor provides for a market advantage over the professional licensed home inspector. Furthermore, the two sets of rules undermines the entire concept of home inspection licensing (consumer protection).

#6

Two sets of rules for folks with two sets of qualifications.
Makes sense to me.

You know I wish someone would equal the playing field with us Contractors and Doctors because I am tired of having to visit mine every month to get medicine for my bum knee and bad foot and it is a real pain is the *** when I want to buy some claritin D from the pharmacy for my family because I have to show a drivers license and can only purchase so much without a prescription for an OVER THE COUNTER MEDICINE talk about unequal playing ground… Why do I have to go to a Dr. When i know exactally what I want and it is for me to ingest??? And it is over the counter. Ohhhh because some people make meth. Lets protect the world by screwing honest folks every chance we get.

IF YOU WANT THE RIGHTS AND PRIVLAGES OF A DIV 1 CONTRACTOR…BECOME ONE. Why is that so unreasonable? That is why I became one, because I wanted to be able to do what they did. I did not make up a license then try to obtain the same rights as them.

#7

From…

http://www.myfloridalicense.com/dbpr/pro/homein/documents/home_faqs.pdf

  1. I’m currently licensed with the Construction Industry Licensing Board as a
    contractor. Do I need a license to perform home inspections?

Contractors will be able to conduct system specific “inspections” that include some systems or components of the home. “Home inspection services” is currently defined to include all eight components of the home. Contractors can continue to conduct estimates and system specific inspections on those building systems and components included within their scope of work. *The law defines “home inspection services” as the 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. The purpose of the inspection is to provide a written professional opinion of the condition of the home. **All eight components of the home must be inspected and a report written to be considered an official home inspection where the department has jurisdiction under Section 468.83 Part XV. ***System specific inspections of just one system or component will not require a home inspectors license. However, contractors not licensed as a home inspector may not represent themselves as home inspectors.

#8

Good post! Check the date on that document. The document above was distributed by the home inspector licensing division of DBPR. Since then, The CILB issued the Koning Declaratory statement which provides a quite different opinion and/or position on this issue. The differing positions are confusing to the public as well as to licensees.

#9

As usual Mike, you are missing the point. I AM a licensed contractor! I think it’s B.S.
To use your analogy, it would be like that Doctor being able to work as a contractor, but without the need to follow the building code!
I have no problem with anyone doing what they have earned the right to do, and the main reason I am not a member of this organization is because I believe that some of their aims go against me (as a contractor). But creating two sets of standards is ridiculous!
I’m sure I will get the argument about it not being ethical for a contractor to repair a house that he does an inspection on, but the truth is, either you have ethics or you don’t. I don’t need anyone to tell me what is and isn’t ethical, I had parents for that!

#10

Mike,

Why did you get a home inspectors license if you did not need one?

Regardless of who does the home inspection or limited systems inspection, keep in mind that if something is missed, they can and will still be held responsible. Contractors have always been able to do home inceptions. They got into this business when construction took a dive. Hopefully now that building and renovations have picked up they will return to that trade. I know many inspectors that are not contractors, including myself, who have been in business for many years. My business is good. I have no complaints. If I spend my time worrying about what the other guy is doing, I would go broke.

#11

Thank you for having a clear understanding of the issue regarding two sets of rules for doing the same job.

I also agree with you on your ethics position. I do not hold a contractors license in Florida. I did however, hold contractor’s licenses (that I earned - Mr. Meeker ;-)) in multiple states prior to moving to Florida about 15 years ago. As I have always stated, I have no problem with contractors doing inspections and competing with them in the inspection field- provided they are playing by the same set of rules (in the inspection field).

If a contractor voluntarily joins a national or state inspector association that has ethics provisions that prohibit repairs on homes that they inspect, the contractor should abide by those ethics provisions. If the contractor does not wish to abide by those ethics provisions, then he/she should be free to not join those associations.

Carrying this discussion a step further; In Florida , can a dual licensee (licensed contractor who also holds a home inspector license) do an inspection (as defined by DBPR home inspection division) and then do repairs without being in violation of the home inspector licensing law?

#12

Yes they are but the benefits are still good for you if you are inspecting as well.

You are preaching to the choir on the last one. The use Ethics as JUS ANOTHER WAY to stop the competition from contractors.

What contractor in their right mind would take on home inspections at a reduced rate in hopes of trying to find some stupid a s s fixit up crap?

Then what in the hell is there to stop the client from acting like a GROWN UP and getting as many proposals as possible.

Never agree on any rules that tell you what to do and how to do it. To do so is foolish. Many of these folks choose to be licensed. They had the world by the balls and pissed it all away so someone could tell them what to do and take their money for the right to do what they had been doing for years.

I’ll never regret joining interNACHI as at least in some small way I feel I am helping those AFRAID to go against the grain. Also I have learned a great deal and made some good “friends” Sadley none will admit it here :smiley:

But they call :smiley:

#13

You are truly naive or uninformed with respect to how home inspector licensing came to be. You are correct in your statement that “they had the world by the balls” and that is precisely why a small group of contractors holding themselves out to the legislature as “home inspectors” successfully pushed for licensing of the lowly home inspector in an effort to cut off their balls. Clearly, they were successful. I can assure you, the vast majority of us lowly home inspectors were not in favor of licensing.

#14

That sure as hell is not how it seemed around here at the time of licensing.:roll: I was here then and just about all who spoke about it were gung ho for it.

We even had a chance to repeal it and even though I had done far more than needed to get the license at that point I was still for repealing but again the masses were a s s e s and it stayed.

Now all pay the price :frowning:

#15

Anyone care to provide their input or opinion on the above question?

#16

not if the contractor is an InterNACHI member :slight_smile:

#17

Any HI licensing only sets a basic, minimum standard. Then, by law, those standards are the only standards that are required to be met by anyone performing a home inspection. This is what the REA’s, lobbyists, RE office brokers want: a basic, minimum home inspection. Not a detailed one.

Because of these minimum, basic standards, little work has to be required of a home inspector, hence cheaper prices. Repairs are up to the home buyer. Sad to say, that since any HI law does not require you to inspect in detail, fewer repairs will be listed on reports.

Then, the REA’s will be happy, the home buyer will not be alarmed, and purchase sub-par properties will be purchased. Later, after the buyer moves in and finds problems, HI’s get the call, the bad publicity and the grief, since they are required to carry insurance because of the laws.

Why HI’s want licensing is beyond my understanding.

After all, all drivers that have a driver’s license are great drivers, right?

#18

It made them “FEEL” important :frowning: idiots…

#19

I agree with your assessment regarding home inspector licensing in general. However, I am looking for answers to very specific questions relating to licensing specific to Florida.

#20

I’m not so sure having those answers will always be a good thing. It just may be better for all to be undetermined without a test case :slight_smile: