Hi,
Kevin, I think that Harold is probably right - you are playing with fire if you think that substituting the word Construction Consultant or some other euphemism is going to allow you to skirt the licensing requirement. Doing construction consultations is still, I think, technically a home inspection.
You never know though; the AG might consider it something different - I certainly didn’t expect the AG to come back with the decision that “classroom” training meant that everyone had to be physically in the same room as the instructor, and therefore couldn’t take training via internet conferencing, but that was his decision, so maybe there’s some room there. The problem is that without a change to the licensing law I don’t think even the AG can decide that; it would probably ultimately go to an administrative hearing if the state allowed it to be considered at all, because the RCWs are set in stone until/unless the legislators re-write them.
Here are the rules. Pay attention to the underlined portions and note that nowhere in the list of those exempted are construction consultants. (I’ve asked you some questions in parenthesis.)
18.280.010 - Definitions
(5) “Home inspection” means a professional examination of the current condition of a house. (Unless you are working for the builder as one of the builder’s employees and not as an independent contractor, isn’t this what you are doing?)
*(6) “Hom**e inspector” means a person who carries out a noninvasive examination of the condition of a home, often in connection with the sale of that home, using special training and education to carry out the inspection. *(Unless you are working for the builder as one of the builder’s employees and not as an independent contractor, isn’t this what you are doing?)
*(7) “Report” means a written report prepared and issued after a home inspection. *(Unless you are working for the builder as one of the builder’s employees and not as an independent contractor, isn’t this what you are doing?)
RCW 18.280.020 - Licensure Required
*(1) Beginning September 1, 2009, a person shall not engage in or conduct, or advertise or hold himself or herself out as engaging in or conducting, the business of or acting in the capacity of a home inspector within this state without first obtaining a license as provided in this chapter. *(Unless you are working for the builder as one of the builder’s employees and not as an independent contractor, isn’t this what you you’d be doing if you didn’t obtain a license?)
*(2) Any person performing the duties of a home inspector on June 12, 2008, has until July 1, 2010, to meet the licensing requirements of this chapter. However, if a person performing the duties of a home inspector on June 12, 2008, has proof that he or she has worked as a home inspector for at least two years and has conducted at least one hundred home inspections, he or she may apply to the board before September 1, 2009, for licensure without meeting the instruction and training requirements of this chapter. *
*RCW 18.280.030 - Duties of a licensed home inspector. *
*A person licensed under this chapter is responsible for performing a visual and noninvasive inspection of the following readily accessible systems and components of a home and reporting on the general condition of those systems and components at the time of the inspection in his or her written report: The roof, foundation, exterior, heating system, air-conditioning system, structure, plumbing and electrical systems, and other aspects of the home as may be identified by the board. The inspection must include looking for certain fire and safety hazards as defined by the board. The standards of practice to be developed by the board will be used as the minimum standards for an inspection. The duties of the home inspector with regard to wood destroying organisms are provided in RCW 18.280.190. *(Unless you are working for the builder as one of the builder’s employees and not as an independent contractor, isn’t this what you are doing?)
RCW 18.280.070 - Qualifications for licensure.
In order to become licensed as a home inspector, an applicant must submit the following to the department:
(1) An application on a form developed by the department;
(2) Proof of a minimum of one hundred twenty hours of classroom instruction approved by the board;
(3) Proof of up to forty hours of field training supervised by a licensed home inspector;
(4) Evidence of successful passage of the written exam as required in RCW 18.280.080; and
(5) The fee in the amount set by the department.
*RCW 18.280.170 - Exemption from licensing. *
The following persons are exempt from the licensing requirements of this chapter when acting within the scope of their license or profession:
(1) Engineers;
(2) Architects;
(3) Electricians licensed under chapter 19.28 RCW;
(4) Plumbers licensed under chapter 18.106 RCW;
(5) Pesticide operators licensed under chapter 17.21 RCW;
(6) Structural pest inspectors licensed under chapter 15.58 RCW; or
(7) Certified real estate appraisers licensed under chapter 18.140 RCW.
Doesn’t it make more sense from a business standpoint to stop wasting time and just bite the bullet and do what you have to do to meet the requirements by July 1st? How will getting yourself cited for operating illegally help your consulting business; won’t the agents working for those developers be nervous about recommending you at that point?
Just some stuff to think about over the next 8 months and 1 week. You’re wasting time.
ONE TEAM - ONE FIGHT!!!
Mike O’Handley, LHI
Your Inspector LLC.
Kenmore, Washington
Wa. Lic. Home Inspector #202