Division Statement on Implementation of Home Inspector Program
The Mission of the Division of Real Estate & Professional Licensing (“Division”) includes providing fair and consistent administration and enforcement of our regulatory responsibilities. In keeping with this mission, and in order not to impede business of those engaged in home inspection, the Division will not enforce the Nov. 1, 2019 licensing deadline for new home inspectors until new administrative rules are in effect.
Rules for implementing the program are currently being reviewed by the Common Sense Initiative (CSI) and will be filed with Joint Committee on Agency Rule Review (JCARR) shortly. Once these rules are effective, it will take time to establish and credential educational programs necessary for new license applicants. The Rules as filed may be viewed at: https://www.com.ohio.gov/ProposedRules.aspx.
Additionally, the Division will not pursue investigations and the Board will not take disciplinary action for noncompliance with the licensing provision found in O.R.C. 4764.02 until administrative rules are in effect. Moreover, the Division will not pursue action regarding real estate licensees who do not comply with O.R.C. 4735.22 until administrative rules for home inspectors have become effective and the licensing aspect is fully operational. We estimate this date to be April 2020.
They don’t say that it is ‘OK’ not to have a license. That’s BS to let someone think that it is legal not to have a license or not to protect those of us who do!
Not Chuck - how many of the OHIB meetings have you attended? I have been at all 4 (start to finish). Do you think that maybe I would have a better idea on what was said than you arm chairing from Texas?
Don’t you think that my 20+ years following this in Ohio is longer than your 20 minutes of legal research on Ohio law?
Not Chuck - you are NOT RIGHT
The cart IS moving and yes we have no horse steering it.
ASHI thought that they could force their SOP and agenda through. Ain’t happening.
Maybe, I could send you a notice about the next meeting and you could come and gives us your input? I’ll just post it here.
Larry, the Division has no statutory authority to extend any of the dates or requirements. They just said that they would not enforce existing Ohio law.
I have a problem with that. I don’t think that they have the authority NOT to enforce the law. Again, I do not believe that they can just ignore the law!
No is the answer to each of your questions. I have witnessed first hand your inability to comprehend what you read and your penchant for faulty logic. I’ve seen you completely ignore a crystal clear and explicitly worded statement by the Ohio Board of Building Standards in order to push your agenda. So, no, I don’t think any of those things you mention make you an authority. What I do think is that you’re an idiot who hopes to create confusion to cash-in. None of these members here are going to subcontract to you no matter how many tales you make-up about it being illegal for them to open panels or inspect electrical components in the performance of their home inspections.
In Ohio an “electrical inspection” is a code compliance inspection. A home inspection, while it includes the electrical system is entirely different than an Ohio “electrical inspection” and has absolutely nothing to do with code compliance enforcement, so stop trying to conflate the two.
Are you and attorney? An Ohio Legislator? In a capacity to regulate home inspectors?
No. Your opinion of what home inspectors can and cannot do in the state of Ohio or anywhere else in the world carries no weight because you are neither qualified nor competent to tell them what they can and can’t do… Your opinion is irrelevant, worldwide. You’re just a Putz.
What the OBBS did say:
The law related to electrical inspections is not new. Since 1970, persons holding themselves out to perform electrical inspections have been required to be certified by the Ohio Board of Building Standards as Electrical Safety Inspectors.
For the purpose of this law, “practice of electrical inspection” includes any ascertainment of compliance with the Ohio building code, or the electrical code of a political subdivision of this state by a person, who, for compensation, inspects the construction and installation of electrical conductors, fittings, devices, and fixtures for light, heat or power services equipment, or the installation, alteration, replacement, maintenance, or repair of any electrical wiring and equipment that is subject to any of the aforementioned codes. (taken from ORC Chapter 3783.)
This means that if a person is paid to inspect a home, and indicates that they are inspecting the electrical system in accordance with the code, and they are not certified by the Ohio Board of Building Standards as an Electrical Safety Inspector, they would be in violation of the law.
“No person shall engage in the practice of electrical inspection in this state unless he is the holder of a certificate of competency as an electrical safety inspector issued under Chapter 3783. of the Revised Code. Any person practicing or offering to practice electrical inspection shall show proof of his certification upon request as provided by rules of the board of building standards.” (taken from ORC Chapter 3783.)
However, if a person holds them self out as a home inspector and offers to perform an inspection of the home and its systems but indicates that they will issue a report indicating the state of function, operation or relative hazards, but not refer to code compliance, they would not be in violation of this law.
Like a “double tap”. It doesn’t meet the function, operation or relative hazards test.
If you had training in existing structures, in Ohio, you would know that 'double taps" is citing code! But you haven’t attended any training provided by the BBS, rather you just sit in front of your computer and run your mouth.
Moyer was Chief Justice of the Ohio Supreme Court, just incase you wanted to know where this education was being taught!
No, it is NOT citing code!
It is simply a safety hazard to readily report during the course of a home inspection & does NOT have much to do with “code”… … … unless some self serving, egotistical dummy wrongly interprets stuff to serve his own means.
You clearly do not understand what a citation is. We’ll just add it to the long list of basic knowledge and comprehension that escapes our addlepated ESI.
Definition of citation in English:
citation
A quotation from or reference to a book, paper, or author, especially in a scholarly work. ‘the majority of the citations are to work published during the past twenty years’
While it may also be a code violation (depending on when it was done)
To cite code is to quote code.
The fact that the deficiency may or may not coincidentally be a “code violation” depending on when it was done (grandfathering applies to code compliance, not home inspections) and the competency of the “electrical safety inspector” is entirely inconsequential. The home inspector can identify and document the deficiency, without making any reference whatsoever as to whether it may or may not be a code violation. It doesn’t matter if it is and the HI doesn’t care. It’s deficient whether it’s a code violation or not.
Your reference to the Chief Justice is akin to you foisting that participation award as some sort of credential. The issue is not with him. It’s that you have a gross inability to understand the limits of your knowledge, to understand and comprehend what you read and massively inflated perception of what your ESI certification qualifies you to determine.
Of course, even if one were to cite a model code that would not constitute a reference to “code compliance” (yea, I know that’s way beyond your capacity to understand)…
Not Chuck the BBS dumbed down the explanation of RC 3783.01(B) so that you would understand it. We can see that failed.
What you are saying is that only prosecutors can practice law. Nothing in in RC 3783 says that it only applies to those representing the state’s interests.
“for compensation” they wanted it to be clear if you were giving a professional opinion on an electrical installation that you were “competent” to do so.
Nothing that you say will change the facts in Ohio.
(B) The “practice of electrical inspection” includes any ascertainment of compliance with the Ohio building code, or the electrical code of a political subdivision of this state by a person, who, for compensation, inspects the construction and installation of electrical conductors, fittings, devices, and fixtures for light, heat or power services equipment, or the installation, alteration, replacement, maintenance, or repair of any electrical wiring and equipment that is subject to any of the aforementioned codes.
So, how many real estate agents do you think are going to recommend an unlicensed home inspector to their client after Nov. 1st?
Are you kidding me! These unlicensed home inspectors are screwed. And that is wrong!
How are they going to get insurance when practicing an illegal activity?
If a home buyer is harmed by an unlicensed home inspector are they saying sorry about your luck? I do think so. The division can’t take that right away from a client.
Going to be interesting the next few months in Ohio!
