Thank You New York Lawmakers for making it all so much more complicated!
When does this become a law Nick? 180 days after when?
Are any InterNachi courses going to be accepted as education for licensing in NY?
From an education standpoint, New York State is almost a third-world country. Even Bangladesh accepts online courses: https://www.facebook.com/IOU.Bangladesh
Alan, you will need to contact Dan Osborn of CATS of Albany dosborn@catsofalbany.com
He is already on this to start educating HI.
I just finished the assessor class. Believe me, an on-line class for this will not work. The state is just so confused the right hand does not know what the left is doing! Once you get your certificate from the educator, you are supposed to go on line to get the license application form. Spent over a half hour and still cannot find it. As of Sunday 15 Nov, the last day of the 32 hour class, the state still is not firmly settled on the license fee. May be a hundred, may be up to 500.
Add to that my frustration trying to get my HI Training facility accepted as an officially recognized training site. Another 500 bucks for that!
The intercommunication of attendees in the brick and mortar training can not be duplicated in a on line situation. Much of the info came from the direct intercommunication.
Tom Valosin
ASKUS Consulting Services LLC
ASKUS Home Inspector Training & Continuing Education - NY State Approved
Tom, give me a call when you can. we can discuss Insurance requirements/ or the lack there of and what will work.
Thanks
Dave
They used the same logic as for asbestos tasting. Big difference in inspecting for clearance is that asbestos cannot re-grow itself. Rad the bill and recognize that when you “clear” a building after remediation, it requires the assessor to evaluate whether conditions conducive to mold growth have been eliminated. The assessor is also required to refer the client to a type of contractor who may be able to eliminate the conditions conducive to additional growth. There is a LOT of potential liability in this bill, IMO. It opens the door for harassment on the Dept of Labor, and for every ambulance-chasing attorney out there to sue, sue, sue.
I also see nothing in the bill which requires assessors to utilize only those labs that are NY State ELAP certified. Further, there are no labs that have an ELAP certification in NY for mold testing, because the standards do not exist. This includes EMSL.
Clearly the State could have done a better job with this. Take a class, pay the fee, and get the license.
There are HUGE implications for the general contractor, as there is currently no state licensing requirements for same. So, when a contractor is finishing a basement… and he cleans up a little mold or removes wet sheetrock, he is in violation of law.
There is no criteria for minimum or maximum levels of mold growth in the bill, nor is there scientific data relative to an acceptable or unacceptable level of growth. There is NO HEALTH organization that can point to any specifics, unlike lead, radon, and asbestos.
You can never have licensing unless you have set minimum standards and testing parameters, such as radon.
Except here in NY…
So… how much mold must be found before recommending that a contractor be hired? Does this imply that the property is unsafe if mold is discovered? If so, will realtors now require that only licensed testers and remediators be hired, and the home must be “cleared” prior to sale?
As far as I can tell from what I read, the assessor makes it up himself at the moment and makes his own clearance parameters…
It was the consensus of the students in the class as well as the instructors that this law came about because several legislators from the downstate area heard a lot of complaints from their constituency regarding price gouging, poor quality work and work that was not up to accepted professional guidelines post Hurricane Sandy. These rip-off testers and remediators completely ignored any of the guidelines of the New York City Dept of Health, EPA, IAC2, IICRC, OSHA and others typically followed by ethical testers and remediators.
Yes, it was also a consensus it is a coffer stocking source for the State Treasury done under the veil of “Consumer Protection”. Most of us felt this is only the start of “State Licensing” for all trades and professions.
So long as a county or town does not already “occupy the field”, state licensing can happen. For instance, there can currently be no state licensing of electricians, contractors, and plumbers because it is done at a county level.
Tom, when will your class be ready? I will likely take it.
That is how it is done when a government agency such as OSHA is involved, and mold licensing in other states. There is so much for an assessor to consider to make those decisions.
Most of Missouri is the same way. I ask about what testing or remediation standards were followed, I get a deer in the headlights look.:shock:
For proper mold testing, you must test the inside of the home with the outside local environment. At least, here in the Midwest, where humidity is off the charts in the spring and summer.
I was involved in a lawsuit years ago, where new home owners got sick, and the doctors said that the occupants had allergies and asthma, most likely due to mold. The home was tested several times. Lawsuits and discovery flied like wild fire. The REA called me for a consult. I asked if they tested the home invasively, and tested for mold on the outside. No. So, they did. They cut several holes in sheet rock and tested in the basement. They placed kits and swipes on the outside of the home. Results were higher on the outside of the home in the air than inside the home. Buyers were still sick. The buyers where from Utah.
The testing lab suggested testing the linens. The judge ordered it. Gosh. Mold was off the charts in the curtains and bed pillows. Discovery found that the household items where in storage for two years in Utah. Duh.
Unless you have standards and minimums, and the enforcement behind laws that politicians implement, it is all worthless. Most people are not affected by mold, but some are. Some people are allergic to peanut butter; most are not.
What James said.
From all that I am hearing and reading the state is going to implement compliance measures in the spring. My concern is if I comply with the state laws am I still competing with unscrupulous contractors who choose not to.
RICK KAST
RED MILL HOME INSPECTIONS
RICK@REDMILLHOMEINSPECTIONS.COM