New York State COE & SOP - Its' Official

[Mike_O_Handley]

@jfarsetta

My advice is to only reference the NY State SOP. DO not reference the NACHI SOP.

Our COE requires substantial compliance with NACHI’s SOP. Following the NY State model, and only the Ny State model, ensures you protection under that model.

Where there is more than one standard, the lines become blurred. And remember, once you perform an ancillary service for a fee, any protection afforded under the SOP for that PARTICULAR activity is lost forever.

I only reference the NY State SOP in my agreement and inspection report.

Hi Joe,

That’s some pretty good advice. Like NYS, Washington State has its own SOP and the COE is rolled into that SOP. Regardless of any claims made by any of the associations as to whether or not their SOP exceeds the state SOP, we only recognize one Standard of Practice here and that is the SOP that must be inspected to.

Of course, members of associations can state that they are members of a particular association and tell a client how that association has its own SOP, but they’d be foolish to tell a client that they inspect to any SOP other than the one mandated by law.

As for ancillary services, our SOP does not prohibit one from going beyond the SOP; however, to protect the consumer and the inspector from any misunderstandings about what those ancillary services involve, additional inspections of any sort require a signed contract between the parties.

ONE TEAM - ONE FIGHT!!!

Mike O’Handley, LHI
Wa. Lic. Home Inspector #202
Your Inspector LLC., Kenmore, WA
Editor - The Inspector’s Journal

[tvalosin (Thomas G. Valosin, NYS Lic 16000005194)]

Hello all,

I got this thread started and have been quite busy since so I have not followed up on the replies. Finally have had a chance to catch up on this thread while I am on vacation. The replies are interesting and well thought out. I do concur that it would be best to reference only the SOP of the Licensing Authority, in this case NY State. When we (NYS Inspectors) choose to go beyond, as in the fireplace example as used by David, perhaps it is less confusing to mention different SOPs’. Does that mean we should inspect only to the NYS SOP? I think that is a business decision of the individual inspector. Until advised by counsel not to do so, I may elect to go beyond State SOP where the InterNACHI SOP (and my own practice) provides the Client with a better (more thorough / more inclusive) inspection.
Any input from our Juris Doctors on those thoughts?

Tom Valosin

[bsmith (Bill Smith)]

Hi Thomas-
You can “exceed” or go beyond the NYS SOP, but you do so at your own risk. If you do go beyond the SOP, I wouldn’t reference any other SOP, nor would I advertise that I do so.

[gfarnsworth (Gary Farnsworth, CMI)]

Just like other states, including Kansas, watch out for the term “representative number”. It allows for low cost basic inspections. By law, you only need to check “one”. And, appliances do not have to be checked.

So, as like in Kansas, an inspector does not have to report on the garbage disposal frayed wiring, etc. etc. Many states are allowing for basic, low cost inspections. IMHO, SOP;s should have been tougher.