Ny State Inspectors - A Call To Arms

General Inspection Topics Legislation, Licensing, Ethics & Legal Issues
21

For anyone who may be interested, I crafted a draft COE for NY State today. Don’t know where in the hell to send it, but I had about 10 spare minutes, so I wrote it. I did put genuine thought into it, and it still took about 10 minutes. Why? Because it’s NOT rocket science. It is a combination of the ASHI model and the NACHI model. Both are pretty similar.

What can be seen is that this represents a CODE OF ETHICS, which is what the Advisory Board’s draft should have been. Instead, they created rules and limitations, and restrictions for our legitimate profession… to the benefit of one profession and the detriment of another.

Check this out:

DRAFT
NY STATE HOME INSPECTION CODE OF ETHICS

Prepared by Joe Farsetta
Director of Professional Development, The National Association of Certified Home Inspectors
Chairperson, Ethics and Standards of Practice Committee, The National Association of Certified Home Inspectors
NY State Licensed Home Inspector

The NY State Home Inspection Code of Ethics details the core guidelines of home inspection ethics within the State of NY. Covering crucial issues such as conflicts of interest, good faith and public perception, these home inspection ethics are central pillars of home inspection professionalism for all licensed home inspectors in NY. Integrity, honesty, and objectivity are fundamental principles embodied by this Code.

Inspectors shall comply with this Code, shall avoid association with any individual or enterprise whose practices willfully violate this Code, and shall strive to uphold, maintain, and improve the integrity, reputation, and practice of the home inspection profession.

**Ethical Practices and a Duty to the Public **

  • [LIST]
  • **Inspectors shall be fair, honest, impartial, and act in good faith in dealing with the public. **

[/LIST]

  • [LIST]
  • **Inspectors shall not discriminate in any business activities on the basis of race, color, religion, sex, national origin, familial status, sexual orientation, or handicap and shall comply with all federal, state and local laws concerning discrimination. **

[/LIST]

  • [LIST]
  • **Inspectors shall be truthful regarding his/her services & qualifications. Advertising, marketing, and promotion of Inspectors’ services or qualifications shall not be fraudulent, false, deceptive, or misleading. **

[/LIST]

  • [LIST]
  • Inspectors shall perform services and express opinions based on genuine conviction and only within their areas of education, training, and experience.

[/LIST]

  • [LIST]
  • Inspectors shall have no undisclosed conflict of interest with the client; nor shall Inspectors accept or offer any undisclosed commissions, rebates, profits or other benefit

[/LIST]

  • [LIST]
  • **Inspectors shall not accept or offer any disclosed or undisclosed commissions, rebates, profits or other benefit from real estate agents, brokers or any third parties having financial interest in the sale of the property; **

[/LIST]

  • [LIST]
  • **Inspectors shall not offer or provide any undisclosed financial compensation to any real estate agent, real estate broker or real estate company for referrals or for inclusion on lists of preferred and/or affiliated inspectors or inspection companies. **

[/LIST]

  • [LIST]
  • **Inspectors shall not communicate any information about an inspection to anyone except the client without the prior written consent of the client, except where it may affect the safety of others or violates a law or statute. **

[/LIST]

  • [LIST]
  • **Inspectors shall always act in the interest of the client, unless doing so violates a law, statute or this Code of Ethics. **

[/LIST]

  • [LIST]
  • **Inspectors shall use a written contract that specifies the services to be performed, limitations of services and fees. **

[/LIST]

  • [LIST]
  • **Inspectors shall comply with all government rules and licensing requirements of the jurisdiction where he/she conducts business. **

[/LIST]

  • [LIST]
  • **Inspectors shall not perform or offer to perform, for an additional fee, any repairs or associated services to structure on which the member or member’s company has prepared a home inspection report. This provision shall not include services to components and/or systems which are not included in the NY State Home Inspection Standards of Practice. **

[/LIST]

  • [LIST]
  • Inspectors shall not accept compensation, directly or indirectly, for recommending contractors, services, or products to inspection clients or other parties having an interest in inspected properties.

[/LIST]

  • [LIST]
  • Inspectors shall not inspect properties under contingent arrangements whereby any compensation or future referrals are dependent on reported findings or on the sale of a property.

[/LIST]There it is. About one page. Simple. Easy to understand. To the point. Focuses on ETHICS. Stays within the framework of the LAW. Represents the ethical guidelines of the two largest professional home inspection associations in the WORLD. No bragging rights. No battles. Just ethics.

I am a safe distance from genius, believe me. Why could I figure this out in a few short minutes?

BECAUSE I HAVE NO AGENDA.

By the way, where’s Tom V. on this? I read that he was at one of the last meetings when this was all discussed at the State level.

22

I have been unable to find specific information on the DOS website specifying where and how to provide comment on the SOP and COE. Following is a fax request for more information that I just faxed to the DOS.

If anybody has any advice relative to where and how to send comments to the state, please let me know. I would like to be able to send e-mail comments to the state because that would be the most effective means to have the home inspection community at large provide comment.

Any thoughts?

82 Preston Street, Huntington, NY 11743

Phone 631-275-8080
Fax 631-824-9124
Safe Harbor Inspections, Inc.

Fax Memo
To:
Whitney Clark, Esq.

Cc:
Fax:
518-408-2251

From:
James Ruppert

Urgent For Review Please Comment Please Reply Please Recycle

May 23, 2007

On behalf of many members of the National Association of Certified Home Inspectors (NACHI) and the American Society of Home Inspectors (ASHI) here in New York, we would like to know the means by which the public can comment on the proposed Code of Ethics and Standards of Practice relative to the home inspection license law. There are no instructions on the DOS website as to how to provide public comment.

Here are our questions:

*1) *To whom should the comments be directed?
*2) *Can the comments be sent via e-mail?
*3) *When did the public comment period start, and when it does it end?
*4) *How were home inspectors notified that there is a public comment period?

Your prompt response will be greatly appreciated.

23

The apathy is apallng

24

From: DeLollo, Jodi (DOS)
To: Appraisal Education Network School ; Building Performance Contractors Association of New York State ; Cardinal Learning Center of WNY ; Cromlech Architects, PC ; Hudson Valley Chapter of the American Society of Home Inspectors ; Kaplan Professional Schools Inspection Training Associates ; Southern Tier Association of Home Inspectors ; Turn Key Home Inspection System ; Upstate Training ; WNY School of Real Estate
Sent: Tuesday, May 29, 2007 3:08 PM
Subject: Request for Comments (with attachments)

The New York State Home Inspection Council has approved the attached proposed Code of Ethics and Standards of Practice. The Department of State is accepting public comment on both documents until July 2, 2007. Written comments may be submitted to the undersigned by e-mail or letter until July 2, 2007.

The Department and Council look forward to receipt and review of your comments.

Whitney A. Clark
Associate Attorney
Department of State
Division of Licensing Services
Alfred E Smith State Office Building
80 South Swan Street
P.O. Box 22001
Albany, New York 12201-2001
whitney.clark@dos.state.ny.us

Jodi DeLollo
Department of State
Division of Licensing Services
Bureau of Educational Standards
518-486-3803
fax 518-408-2524

25

Bump.

26

Double bump.

Come on, guys. It’s YOUR livlihood.

27

Second revised draft will be coming out soon. Look for about four or five drafts on this.

28

John,

No revised draft is scheduled to come out anytime soon. In fact, none is in development. NACHI has been working in conjunction with NYSAHI, ASHI, and NAHI. In fact, we are scheduled to meet do craft a sensible version of a COE and SOP for consideration by the board and the DOS. Two of the people I have been speaking with are members of the advisory board. The board approved the COE as written, and it is in the comments stage. A such, there can be no revisions until after the comment period has ended, which is not until July 2nd.

29

Guys do a little homework. A handful of PE’s tried to get a law passed 13-17 years ago in NY that would have only let PE’s do home inspections.

One of the guys that started that was an ASHI Charter Member. If memory serves me correctly he was expelled from ASHI for life. He used to preach that NOBODY but a PE was qualified to do a HI.

THis is not new stuff.

30

Okey Dokey…

31

Apparently, this engineer’s advertisingimplies that this law is already in effect.