SOP Contradictions

[FONT=Verdana][FONT=Verdana]Standards of Practice, General
(7) If not self-evident to the client at the time of inspection, the
inspector shall give a reason why, in his or her opinion, the system or
***component was reported as significantly deficient *or near the end of its
service life.
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Compared with:

Standards of Practice, General Limitations And Exclusions
(3) Inspectors are not required to determine:
…(d) The causes of any condition or deficiency;
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thanks I will send it forward…thanks Jay

I would look at it as this…example:

air conditioning is blowing warm air
recommendation: call the a/c guy
But we are not required to determine why it is blowing warm air.

You should give an opinionated reason, but are not required to.

The first one says you must say why you reported it as significantly deficient, not why it failed.

The second says you don’t have to determine why it failed.

They are not in conflict, just the readers are… :wink:

If you report it as significantly deficient or near the end of it’s useful life, you must report why you think so (unless it is obvious to the client).

Explaining why you noted something as significantly deficient and determining cause of deficiency isn’t a conflict. It is just good report writing.

The a/c was significantly deficient BECAUSE it was blowing warm air( and any other issues you found with it. That’s not how I would write it but that is what it means.

I raised this issue (unsuccessfully) with the “leaders” developing the SOP long ago. To me, the above language in section (7) would appear to require to home inspector to go beyond long standing industry standards of practice and may require the inspector to use advanced diagnostics and/or tools to determine “why” a system or component is not functioning as intended. This language may also expose the Florida Inspector to “unlicensed activity” by requiring him to use advanced tools or diagnostic methods on a system or component such as HVAC systems, plumbing systems, or electrical systems. Per the language in section (7) above, will we be required to connect gauges to an HVAC system to check refrigerant levels or pressures if the system is not heating or cooling? If yes, would we be required to have an HVAC contractors license to work on HVAC systems? I could go on and on with examples of plumbing and electrical defects that we routinely find that would require advanced diagnostics to determine the “why” of the defect. My concern is that by doing advanced diagnostics of those systems or components, we may be crossing the line into a licensed trade activity without the appropriate license to do so. Historically, a home inspector would note that a component or system was not functioning as intended and then direct the client to the appropriate licensed technician to further diagnose and repair the deficiency. In my mind, the above language, as written, puts the home inspector on the hook for advanced diagnosis of a defective system or component and crosses the historical line of simply identifying a system or component as not functioning as intended.

I believe the language should be clearer between stating, why the inspector rated an item as significantly deficient and not having to state why the item failed. Once the SOP is in place we will have every lawyer reading it. I would like any ambiguity removed…We as inspectors will understand the differences, but will the consumer?

Why?

Lets see if we can get past “In his/her opinion”.
Just read the red.

In other words, they want more than a check box on a piece of paper saying “The toilet is bad.”!

Seems we need not only classes on Report Writing, but how to read as well.

No one is asking your “Opinion” they are asking you to “Explain” your opinion (which HI’s are all too often willing to give out without cause or justification anyway).

No kidding genius. I have no problem reading the text or comprehending the intent of the writers. Nor should any inspector, even one from Tennessee.

If you stopped trying to flame me long enough to read my posts you might be adle to figure out that this is adout creating a better bocument that Florida inspectors will have to follow. Florida is one of the most litigious states in the union. Yes, Tennessee is still in the union.
The passages may be misleading to the non inspector.

My purpose is to point out how the non inspector may interpet the two passages. Especially what is meant by "sellf evident to the client ". If you have done a few inspections, you have run in to some interesting clients. Many hear and see what they want. I do not like the language in the two passages. The semantics are similar regardless of the actual industry understood meaning or the intent of the writers.

So go back to the Tennessee section. If you can find one.

I am leaving the inspection industry to go and work for attorneys. The law suits will be abundant one the SOP kicks in. Pays way more than a $295 inspection which includes wind mits and 4 point. See you all in court.

Kiss my *** numb nuts!

You don’t have private club here…

I didn’t say nothing about or to you. Go sit the Air Conditioning for a while.

I don’t have any problem understand your requirements. AS you pointed out, there will always be someone out there to twist it around.

What the State has written is to keep these people from complaining that they didn’t understate what “The toilet don’t work” means. They want you to “explain” to them why there is a problem if it is not obvious. It is also to keep HI’s from doing crappy reporting.

Too vague?
Are you one of those that want the state to control, dictate and micro-manage everything you do?

Maybe so…

Bill could you please put in the good word for me as well.

I want out bad as well :slight_smile:

Classic…

I didn’t know being a home inspector was mandatory…If you want out, its super easy…get out.

Who am I going to refer my Dade County inspections to now? :mrgreen:

Don’t worry Bill, I have several attorneys willing to stretch out any litigation…until we retire! :wink:

Florida is one of the most litigious states in the union.

That’s because every person with a law degree wants to live in the sunshine state. Keep sending your kids to law school and not to vocational school we, need more attorneys in the world!