ATTENTION ALL NY STATE HOME INSPECTORS!
THE DRAFT VERSION OF THE NY STATE COE IS OUT FOR PUBLIC COMMENT, AND COMMENT YOU MUST. ANALYSIS OF THIS PROPOSED COE REVEALS MANY PROBLEMS, NOT THE LEAST OF WHICH IS THE FACT THAT IT WILL VIRTUALLY ELIMINATE THE NEED FOR A HOME INSPECTOR, AND MORE IMPORTANTLY, WILL REQUIRE US TO STATE IN OUR CONTRACT SPECIFIC LIMITATIONS AS TO WHAT WE MAY NOT COMMENT ON. IT APPEARS TO HAVE BEEN WRITTEN IN A MANNER WHICH PLACES MOST OF WHAT WE DO SQUARELY INTO THE HANDS OF LICENSED PROFESSIONAL ENGINERS IN NY STATE.
THE TIME FOR COMMENT IS NOW, AS THERE MAY ONLY BE 30 DAYS REMAINING. THE COMMENT PROCESS, AND ADDRESS TO SEND IT TO, ARE SKETCHY.
I URGE ALL NY STATE INSPECTORS, REGARDLESS OF ASSOCIATION AFFILIATION TO READ THE COE AND SOP. REALLY READ IT, AND UNDERSTAND WHAT IT STATES. WITHIN ANOTHER THREAD, THERE IS THE ACTUAL COE AND SOME COMMENTARY. THE SOP IS ALSO POSTED.
THERE IS LITTLE TIME TO ACT. I HAVE PERSONALLY SPOKEN TO REPRESENTATIVE MEMBERS OF NYSAHI AND ASHI TODAY. THEY ALSO HAVE SERIOUS PROBLEMS WITH THE DRAFT PROPOSALS.
BUT, WITHOUT ACTION, WE WILL BE STUCK WITH THIS PROBLEM. AN EXAMPLE OF ONE TYPE OF LETTER OR CORRESPONDENCE IS LISTED BELOW. IF SOMEONE CAN ADD THE ADDRESS OR LIST OF ADDRESSES AS TO WHERE TO SEND THIS, PLEASE INCLUDE IT IN A SUBSEQUENT REPLY.
NY State Department of State
Division of Licensing
Re: Request for Public Comment
Draft Version of Home Inspection Code of Ethics
and Standards of Practice
With reference to the Home Inspection Code of Ethics, I cannot support it in its present version, as it promotes a restraint of free trade, and appears to place one licensed profession in NY State in control of another. In fact, it virtually eliminates the role of the home inspector in the home inspection process, for anything other than peripheral duties.
A Code of Ethics should not be created as an amendment to the existing law. It should be limited to setting the ethical standards for Home Inspectors within the State of NY. The draft COE, as currently written, goes far beyond its charter, and is more about veiled control, rather than ethics.
Repeated inferences to the role of a licensed Professional Engineer, as compared to that of a home inspector, creates a situation where the role of one profession is marginalized, while the role of another is established as paramount. Areas within the COE repeat themselves, where existing rules regarding the profession already exist within the current law.
Barring a home inspector from comenting on the soundness or a home or system essentially barrs the practice of home inspections, as Miriam-Webster defines “soundness” as being free from flaw, defect, or decay. This is the essence of what a home inspector is hired to do; comment on defects observed or not observed. If a defect is noted, the home or system is not sound. Therefore, the COE prohibits us from working at our profession. As drafted, one need not use the word “sound” or “soundness” to be in violation of the COE.
I believe the proposed COE is inconsistent with the spirit of the law, and goes far beyond setting ethical criteria that NY State inspectors should abide by. For this reason, I cannot support it, and would respectfully request the current version be abandoned in favor of a new draft which is consistent with existing standards on ethical behavior in our industry.