New York - SOP & COE

Does anyone know where NYSDOS is relative to developing a Standards of Practice (SOP) and Code of Ethics (COE)

That is one thing NYSDOS has not developed on their own without the Hone Inspection Council, and I assume they are waiting on them to develop that.

Now that a Council is in place and meeting, I assume the SOP & COE would be one of the first orders of business … but I haven’t heard anything relative to that.

Rob;
Have all the seats been filled on the council??? I thought some were still missing.
Len:roll:

Sheldon Silver’s appointments are, apparently, not coming.

Regardless, there are enough members for a quorum. In additin to this, the meetings are out in the public view, and open for discussion by interested parties, as they happen.

There are apparently 2 seats still open from the Assembly side …

http://www.dos.state.ny.us/lcns/homeinspectioncouncil.htm

That was my understanding also, and that they have been meeting. But what about the SOP & COE? Any word?

The council is currently meeting in committees… one member is a committe chair for one topic… COE… and another member is committee chair for SOP’s and another is chair for CE… these subcommittees are made up of anyone the chair wants to put on them… the subcommittee will then make recommendations back to the council… then the council will hash out the issues and make recommendations to the DOS… These subcommittees are not open to the public, but no one in this process can do anything other than make recommendations…

They broke it down into subcommittees at this time because they have alot to do in very short order so they felt this would be the quickest way to get their recommendations to the Council…

Dan

Hi! Dan;
Thank’s for the update, like you said they can only make recommendations the DOS will decide period. I would think that they should look at Nachi’s and Ashi’s and take the best fo both. What you say Dan???
Len:roll:

Unfortunately we have no members on the board, it is an unfriendly ASHI group that thinks that NACHI tests are substandard. But, they have already lost the argument… our test only had to do with Grandfathering… and now it doesn’t matter what they say… that bell has already rung… so they have no more issues they can complain about us about… and the DOS vocally defended our testing procedure when it was brought up at the meeting… This is a dead issue… Now the only issues are : COE, SOP’s, and CE units…

Well, as I see it… our SOP’s and COE are the same as ASHI’s so there are no issues there… The real debate over the next few months… will be what constitutes CE’s and how many should we have to have each year… some on the board wants it to be high… some want them to be reasonable… but I can tell you this… what ever DOS decides will be in line with what ever they are making the appraisers do and Real Estate agents do… DOS will keep our hours for CE in line with what appraiser need to have yearly…

I believe the only people that have anything to fear from the council are the home inspectors that live out in the country that dont have easy access to schools in a larger metropolitan area… they will be forced to travel to a local big town and take weekend courses for their CE’s… it did not look to me that local chapter meetings were going to count toward ongoing continuing education…

The pressure from the council will be to make home inspection as professional and difficult as they can… Well, that’s not necessarily a bad thing…

Dan

NACHI inspectors need to mobilize and attend the open council meetings. The council should NOT be finding ways to discredit NACHI or other associations, and if and when they do, their actions should be brought to the attention of the Secretary of State for removal, or recommendation of removal. This council should show a willingness to work outside of their ranks. For instance, if they refuse to work with NACHI members (such as closing rank to ASHI only affilliates in these sub-committees), then NACHI, as an org, should also bring this to the attention of the Secretary of State. We need to put people in the uncomfortable position of being accountable for their actions. This is a council chartered with a public duty. It aint the old boys network.

Their charter is to amicably and fairly fill in the missing pieces of a law which already exists. They should not be working on making the law more restrictive for the sake of making it more restrictive.

That is not their charter, and if their intent is to re-write things, its time to organize. They exist as an advisory body only. Thank goodness for that. The fact that one member’s first public statements as a member of that Board was to bash this organization indicated to me that he may be the first member that needs to go.

Although it seems to change with each new post, the last time I heard that NACHI National had a position regarding state legislation, it was to oppose association bias.

Will those of us on the outside watching this see any NACHI National support coming to your aid in this?

:smiley: :smiley: :smiley: This was priceless. :smiley: :smiley: :smiley:

I have heard through the grapevine that the council is starting with the ASHI SOP & COE, and then modifying that to be applicable to New York … which has specific/different provisions (more so for the COE).

example … in NY there must not only be a written report, but it must be issued to the client within 5 business days

example … Under “Duty of Care of Home Inspectors” in the NY law, it specifically states that you can not do work on any system or component covered by the SOP for a home where you prepared a report … period. No time limit, exclusion for uninspected systems/components, or vague provisions.

I don’t have a problem with that as long as the final document is a completely separate stand alone NYSDOS SOP & COE that is not association specific.

Keep in mind that the NY Law has specific provisions about developing a SOP & COE, including public notice and comments … like Section 444-©(6) which states in part

(underline added)

Just some food for thought

Jim,

You said,

“Will those of us on the outside watching this see any NACHI National support coming to your aid in this?”

Im not sure what you mean will NACHI national come to our aid… the council members were selected independantly by 3 different state offices… what was NACHI supposed to do about that… The council decided to break into sub committees, what was NACHI national supposed to do about that?? We cant start telling the Council what they can or can’t do… we can’t tell DOS how to handle the council… That would be our organization doing what we say we don’t want done by the other association.

The things that Mr. O’connor said were being recommended isn’t exactly bad… ie: Reports done in 5 days and no working ever on a house you inspected… Are we supposed to argue those points not because they are good or bad or because an ASHI guy recommended them…

Nothing will be implemented by DOS without our association having an opportunity to make our own recommendations… either by any individual inspector or by NACHI National. And to be quite honest with you… This is not a NACHI National problem. If any NY NACHI inspector does not like what is going on, he is free to call DOS and discuss with them what ever issue they would like… Any individual inspector has just as much voice as the council has… I don’t know how many times I have said this on the board…

Dan

Actually, those are already specific provisions of the current NY State HI Law, which will have to be worked into any typical SOP/COE that the Council may wish to start with.

In general, the NYSDOS has been very reasonable so far … and I can’t see that changing in the near future. Now if anyone is aware of any specific Council actions that may be association biased or proposing any unreasonable provisions, with the NYSDOS consent/support, then perhaps appropriate action (whatever that may be) would be warranted. I am not aware of any so far. Anybody else?

Rob;
I you are not aware of anything sofar, WHY !!! may I ask are you stirring the pot???:roll:

Because I havent been to the council meetings and would like to kow whats happening with the SOP & COE. Seems pretty simple enough … :roll:

The council meetings are posted on the DOS calendar located at this web address on the DOS site. http://www.dos.state.ny.us/about/calendar.htm

A few days after the meeting the minutes from the meeting will be posted on the site… If official recommendations are made by the council to DOS we will have 30 days to make comments, directly to DOS, about those recommendations.

This next meeting is in NYC.

Department of State, 123 William Street, 19th floor Conference Room, NYC, NY Date: Friday, October 20, 2006 Time: 10:30 a.m. Contact: Carol Fansler, (518) 486-3857, Licensing Agenda: None available at this time.

It would be nice if someone from our group could make this meeting. But, since we will have a 30 day period to make our thoughts known, it probably isn’t crucial that we have someone there…

Any thoughts??

Dan