On Friday 9 Jan 09 I received the following from the Director of Regulatory Affairs at the NY State Department of Health.
A message has been sent to you via NACHI’s “Featured Inspectors” page.
Mr. Valosin: I am writing to you in my capacity as Director for Regulatory Affairs at the NYS Department of Health’s Wadsworth Center, wherein resides laboratory licensing programs for clinical and environmental laboratories.
I understand that NACHI, at the national level, has entered into an agreement with a Florida-based environmental laboratory (Pro-Lab, Inc) to distribute kits to NACHI home inspectors. See NACHI website for catalog containing Pro-Lab kits, some of which are used collect samples for testing that requires NYS certification as an environmental laboratory (e.g., asbestos, radon in air and lead in water). Pro-Lab does not hold NYS certification, but may refer samples of NYS origin to another lab that does hold our certification. Pro-Lab kits are also sold to the general public in home improvement stores in NYS. I am writing to ask for insights you can provide regarding NACHI’s dealing with Pro-Lab and their use of other, certified laboratories. Thank you in advance.
I replied that any agreement entered into by the management of our organization and a vendor is done for the “good of the whole”. As an InterNational Professional Organization, it is impossible for any agreement entered into to be in total compliance with the dictates of every Political and Governmental Entity, Organization, County, Parish, State or Province. Therefore, each member must determine the validity of any such agreement within the jurisdiction in which they do business.
My opinion and advice: For those of us doing business within New York State, it would behoove us to not use Pro-Labs for these particular tests until such time that they are licensed by NYSDOH to perform those tests*** or*** provide documentation to the Inspection Company that they, Pro-Lab, are sub-contracting such tests to Labs that are approved by NYSDOH and that documentation is acceptable to NYSDOH.
The communication from the State makes me question: If a Real Estate Transaction required an Inspection that included any of the cited tests, and Pro-Lab was the facility of choice, is the deal jeapordized? Are we, as inspectors, open to a problem if we used Pro-Lab?
I posed the following two queries to Ms. Kusel:
- Are they going to notify folks who have had such tests that were conducted by Pro-Lab that the lab is not licensed?
- Is the State going to have the tests removed from the shelves of places like Home Depot, Lowes and other home and builder supply stores.
When I get it, I will post the answers.
Thomas Valosin, President
NY Capital Region Chapter of InterNACHI
Meetings open to all -
Monthly, Second Wednesday, 6:30 PM
Kirkers Steak & Seafood House
Rt.9, Louden Road, Albany, NY