Unlicensed employees?

Here’s another question: Can an unlicensed employee of a Florida Licensed contractor (div.1 of course) do a home inspection for the contractor’s company without any kind of license? Before answering, take a look at the wind mitigation statute F.S. 627.711.

Not a Home Inspection-Wind Mit or 4-point should be no problem if the CGC signs off.

Is that an opinion or do you have some statutory provision(s) to support your position? I am just trying to figure this out. Why would a contractor be able to sign off on a 4pt. or wind mit inspection and not a home inspection?

Read the attached
**[FONT=Times New Roman][size=2] Individuals other than licensed contractors licensed under Section 489.111, Florida Statutes, or professional engineer licensed
under Section 471.015, Florida Statues, must inspect the structures personally and not through employees or other persons.
Licensees under s.471.015 or s.489.111 may authorize a direct employee who possesses the requisite skill, knowledge, and
experience to conduct a mitigation verification inspection.
I, __________________________ am a qualified inspector and I personally performed the inspection or ([/size][/FONT][FONT=Times New Roman][size=2]licensed
[/size][/FONT][FONT=Times New Roman][size=2] (print name)
[/size][/FONT]
[FONT=Times New Roman][size=2] contractors and professional engineers only
[/size][/FONT][FONT=Times New Roman][size=2]) I had my employee (_____________________) perform the inspection
(print name of inspector)
and I agree to be responsible for his/her work.
Qualified Inspector Signature: ___________________________________ Date: ______________________
An individual or entity who knowingly or through gross negligence provides a false or fraudulent mitigation verification form is
subject to investigation by the Florida Division of Insurance Fraud and may be subject to administrative action by the
appropriate licensing agency or to criminal prosecution. (Section 627.711(4)-(7), Florida Statutes) The Qualified Inspector who
certifies this form shall be directly liable for the misconduct of employees as if the authorized mitigation inspector personally
**[/size][/FONT]

Clearly per your reference to the wind mitigation statute, contractors and engineers can have unlicensed employees do wind mitigation inspections. So, can a licensed contractor (Div.1 of course) have unlicensed employees do a home inspection for his/her company?

I would have to guess that as long as it follows the same requirements that allow the contractor to do so. Just a guess. I can tell you I will not be hiring a bunch of hacks and sending out upon the world to do inspections :slight_smile:

Send a email to Rick Morrison, DBPR in Tallahassee and ask. Wind and 4-point are not covered by Home Inspector law but requirements of Insurances companies. It is not a complete home inspection with all of the disciplines. Although the insurance companies do required the inspector be state certified in Home Inspection the inspector for a Div 1 contractor may perform if the CGC stands up for it. Just send people you trust. I wouldn’t want anyone putting my CGC license in jeopardy.

As licensed contractors (Div.1 of course) are exempt from home inspector licensing (as it appears via the CILB and the Koning Dec. statement), I do not think that Rick Morrison would be the appropriate person to ask as he is the Director of the Home Inspector Licensing Division. The question may be more appropriate to the Construction Industry Licensing Borad (CILB) as they are charged with regulating contractors. You are correct that insurance related inspections do not meet the definition of “home inspection” as defined in the home inspector licensing statute and therefore- are not currently regulated by DBPR.

Your last sentence above: “Just send people your trust. I wouldn’t want anyone putting my CGC license in jeopardy”. would imply that a licensed contractor can in fact have an unlicensed employee conduct a home inspection- if the licensed contractor were inclined to do so.

No, not implying for a “Home Inspection” just for a wind mit inspection. Specifically, Division 1 contractors can not market themselves as a Home Inspector for a fee in any form of the definition.
What is your real question here?

I think the questions I am asking are quite clear. I am looking for answers based on facts and law. I appreciate all the opinions presented here. This is what the discussion board if for, isn’t it? My opinion is that most opinions presented here relating to these questions that I am asking are based on what the poster wants the law to mean, rather than on what the law actually means. Unfortunately, I think there is a distinct difference between the two.

What definition are you referring to?

I say, yes they can. Why wouldn’t they be allowed? As long as the person doesn’t say they are a “Home Inspector”, why not? Do you see a reason they CAN’T? If I see no law saying that it is NOT allowed, they I would assume it was permitted.

I believe that you are correct. There is already legal precedent to support that position. Take a look at the wind mit statute - for example. That, in addition to the Koning Declaratory statement from CILB exempting contractors from the home inspector licensing law has effectively gutted the intent of the home inspector licensing law. We can debate the enforceability of not allowing a licensed contractor (without a home inspector license) to advertise or hold himself out as a home inspector when home inspection as been deemed within the scope of his license.

I would just think…if the phone rang…

“Good morning, Comprehensive Building Consultants” how may I help you…(No where does it say Inspection, Home Inspection…anything - and yes this is my company name).
*
I was needing a Home Inspection, can you perform one?*

Sure can, My name is Russ Hensel, what can I help you with?

  • Well are you a Home Inspector?*

I would then reply’ Ma’am, I have been in this business for many years I am not a Home Inspector, I am a General Contractor. I mean you can talk to the guys who look at them or a guy like me who actually knows how to build them…Would you like me to look at your house for a pre purchase to tell you the condition its in?

Don’t you HAVE to be a Licensed Home Inspector?

No ma’am you do not. I bring in my HVAC contractor to ensure the HVAC is running top notch. I don’t just look at it like those “Home Inspectors” and I even bring in a roofing contractor as well to give your roof a good once over, for your peace of mind.

When would you like to book the job…

ALL legal and on the Up and Up…Home Inspection without being a “Home Inspection”…

I believe if you are a licensed contractor, you could call it a home inspection and be fine. As home inspection has been ruled as within the scope of a contractors license, why could you not call if a home inspection?

Ok then…Home Inspection it is!

This is an honest question:

Why do home inspectors spend so much time worring about what div 1 contractors can or cannot do.

G.C’s spend no time giving a crap what you all can do or not do.

Quit trying to dictate how others run their business and try to run yours as you see fit.

If you want to do the things a G.C. can do then become one. Why is that unreasonable or so hard to grasp?

So your saying a GC should have no standards of practice and no ethics when performing a Home Inspection and Home Inspectors should? How consistent is that?

What rules do you play by? What can the consumer expect? How is the consumer to KNOW what they are suppose to receive when some have rules and some have none and yet both can do “Home Inspections”?

That is the problem, continuity and consistency…at least in my eyes

They are to know all you mention by the contract between them and I as in most business transactions, Enforceable by any court.

All else is a complete waste of time and especially MY MONEY.

And I did not say home inspectors should. They should simply write a contract with each client stating what they will and will not do. That is all that is needed.

As a licensed contractor, you are not bound by the home inspector licensing law,(assuming you do not also hold a home inspector license). If that is the case, then no contract would be required for the licensed contractor conducting a home inspection. Or, If you, as licensed contractor, were inclined, you could do a very generic contract that further reduces your risk exposure compared to a licensed home inspector who must provide very specific information on a contract or inspection agreement.