Phase/Commercial Inspections not allowed in NM?

I reached out to the NM RLS last week to ask some questions and talked to the board administrator. One question being how to navigate calling out items like GFCI’s while not being able to quote building code. I also asked about draw inspections which they were fine with, and doing phase, new construction, warranty and commercial inspections. She told me that the phase inspections are what the state building inspectors are for, and that I am not a code inspector. Also since I am licensed as a residential inspector I cannot do commercial. I asked if there is a commercial license and she said no, that buyers would need to call a plumber, electrician, roofer, etc. for conditions of each system for commercial properties. I learned home inspections in Colorado where there is no license required, we would do new construction and 11 month warranty, but not phase inspections, so naturally things are a little different now being in a licensed state. But this just seems wrong? I know other NM inspectors offer commercial and phase inspections, should I just assume she doesn’t know what she is talking about and offer these services anyway?

Good thing you checked first.

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In Maryland which is a licensed state, no license is required for commercial inspections. The Maryland license only covers Home Inspections done for a Real Estate transaction. NM is probably the same, if they have no licensing for commercial inspection you can do them.

Phase inspections could be interpreted as Draw (done by the bank) or building (done by the AHJ. It obviously makes a difference which you are referring to. You can do draw inspections but not building (code) inspections.

I call missing GFCIs out as safety defects in areas that I deem they are needed, regardless of the age of the home.

She is correct as far as phase inspections and state building inspectors, but as a home inspector we don’t look for “code violations”, but for anything that may not be done correctly, also draw inspections and pre-drywall inspections are not code inspections.

If I was wanting to offer these services, I would call some inspectors in other parts of the state to see how they are handling it.

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The wording I use is, “. . . modern safety standards.” Keep in mind that most if not all of these recommendations are ‘upgrades’ and will be shot down by the Realtor (as interfering with the sale). Realtors like to say, “. . . it is grandfathered”; or " . . .it has been that way for years".

The rosy picture is that both you and the Realtor have the client’s best interests in mind. The reality is the Realtor is primarily concerned with the sale!

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Talk to your attorney. You know what they say about “assuming.”

i think you are confusing “Phase” and “Draw” inspections. With commercial and residential draw work, you are doing quantity and not quality. You do not need a license to do this work. South Carolina is the only state that has a regulation for commercial inspections and requires a license. You need to be a licensed contractor or professional engineer to obtain that license. They have had this regulation for a few years.

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I think I know the difference in draw and phase inspections, draw inspections being ordered by the bank to be sure the work has been done/material on site so the contractor can be paid. I have done many draw inspections in the Denver area. Phase inspections, (not something I have done) being hired by the homeowner as a third party to insure work is done professionally, not specifically checking code. As far as I know its typically before concrete is poured, before drywall goes up, then Final/New construction inspection (done before closing), and 11 month warranty (done before the 1 year warranty expires). I have done many new construction and 11 month warranty inspections. The board administrator had never heard of any of this besides the draw inspection. Am I crazy? Did I dream these services up somehow? I’m pretty sure there are home inspectors out there that do mostly new construction type inspections.

That is not surprising. Sorry, I misread your post. Yes, Phase inspections are pretty much as you described them. I just recommend the pre-drywall inspection and then the final inspection. The foundation insepction can be difficult to schedule as the builder very seldom has a set time for when it will be done and they are not going to wait for you to get out and take a look once it is approvied by the local AHJ. The pre-drywall is much easier to schedule.

We do a good amount of pre-drywall inspections and then the final is pretty much automatic.

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