We need to contact the Governor right now to ask for a veto of the Well Water Education Act.  Please either fax or email a message today.  You can copy and paste text from the sample message provided here. 

 

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To Fax your message:

Copy and paste text onto your letterhead and send to (518) 474-1513

 

To email your message use this link to the Governor's web page.  

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Select the link named "Contact The Governor" on the left side of the page.

 

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This should only take you a couple of minutes.

 

 

Tuesday, July 15, 2008
 
 
Terryl Brown Clemons, Esq.
Acting Counsel to the Governor
Executive Chamber
The Capitol
Albany, New York  12224
 
 
 
Re: Opposition to the Well Water Education Act
       Assembly #11709
       Senate #08641
 
 
 
Dear Mr. Brown Clemons,
 
I am writing today on behalf of the New York State Association of Home Inspectors (NYSAHI) to voice our objection to the enactment of the Well Water Education Act, A11709 & S08641. 
 
While NYSAHI is a strong advocate of home safety education, this bill was introduced and passed in the final days of the legislative session with no input from our profession, upon which it imposes new requirements.
 
Of greatest concern is the wording of the new text in public health Subdivision 25 (a) (IV) that recommends that any water test "should be conducted by a laboratory certified by the department to test for drinking water contaminants". 
 
Conducting a water test is actually a two-part process.  The first step is drawing the sample and transporting it to the laboratory, and the second is the actual analysis of the sample by the certified lab.  Traditionally, homeowners draw their own samples when the test is for their own information, and home inspectors draw the samples when the results are required in a sales transaction.  The existing wording will be widely mis-interpreted that laboratory employees are required to perform the entire process.    
 
Home inspectors play an important role in a real estate transaction, by providing impartial, expert third-party information that both sides can rely on.  Home inspectors provide this same level of confidence in the integrity of water test results when they draw the sample and maintain the chain of custody until the sample is relinquished to the lab.  Home inspectors that service the rural areas of our state have traditionally been able to provide this important service at a reasonable price to the consumer, since they are already on-site.  This added revenue stream is important to many rural inspectors, who are mostly small business men/women who own and operate their own companies. 
 
 
To correct this error in the act, we propose the following changes to the new Subdivision 25 (a).
 
(iv) a recommendation that any water test conducted should be
(remove--"conducted") analyzed by a laboratory certified by the department to test for drinking water contaminants and that for tests conducted for a real estate transaction the samples should be taken by a licensed home inspector or an employee of the laboratory;
 
The importance of having safe drinking water cannot be overstated.  Home buyers need to know the condition of their drinking water to help preserve the health of their families.  However, the validity of the water test is only as good as the sampling procedures and, since large amounts of money are involved, undoubtedly some fraudulent samples are submitted by persons who have a financial interest in the transaction.  New York State licensed home inspectors are required to have training in ethics, adhere to our Code of Ethics and maintain continuing education credits.  We may not inspect a property in which we have a financial interest.  Therefore we are in the ideal position to provide the impartial sampling that is required. 
 
However, at present there is no specific training available to inspectors or others on proper water sampling and chain of custody procedures.  Therefore, in order to ensure the quality of this service to NYS home buyers, we advise including a Department of Health certification program in this act as follows. 
 
Add paragraph:  25 (c) The department shall create and administer a water sampling training and certification program.  This training shall include, but not be limited to, proper sampling, preservation and transportation procedures; proper chain of custody documentation procedures and ethical training.  The department shall require all persons performing water sampling for the purposes of a real estate transaction to hold such valid certification.
 
 
 
The final significant flaw in this act is that it applies to drinking water supplied by private wells only.  In fact, many rural residences in New York State obtain their drinking water from springs and lakes.  The very nature of these surface water sources make them more susceptible to contamination than drilled wells are.  This act needs to apply to these residences also.  We therefore advise changing any references to "private wells" to "private water sources" in the text of the act. 
 
The changes that we have proposed would result in a meaningful consumer protection law that would benefit the rural families of our state.  The New York State Association of Home Inspectors would whole-heartedly support such a law. 
 
 
Unfortunately, as presently written, NYSAHI must oppose the act and asks the Governor for a veto if it arrives on his desk unaltered.
 
Thank you for your consideration of this matter and if you have any questions please do not hesitate to call.
 
Best regards,

 
 
Gregg Harwood, NYSAHI President, 2008-09
(607) 773-1519
 

 

The Department of State and Home Inspector Advisory Council have asked for public comment on proposed changes to the regulations governing the 40 hour field training module for new licensees.  NYSAHI has responded to this request with the following letter. 

All inspectors who have an interest in this issue are encouraged to attend the next DOS open meeting on August 7.

 

 
Whitney A. Clark
NYS Department of State
Division of Licensing Services
80 South Swan Street
PO Box 22001
Albany, NY 12231
 
Thursday, July 10, 2008
 
 
Dear Ms. Clark,
 
The NYSAHI Board of Directors is pleased to have this opportunity to provide public comment on the proposed changes to the home inspector Module 5 training.  The quality of this last stage of an inspector's training is critical, and is also an entirely different learning experience from what the trainee has been exposed to in the classroom up to this point. 
 
The basis of competent home inspecting is having the technical knowledge of the systems of the home, being adept at defect recognition, and having the ability to communicate the nature of these defects to the client.   The classroom setting primarily provides training in the first of these skills, while the field training component must provide the bulk of the training in defect recognition and communication. 
 
It is understood that every inspector improves with experience and that the 40 hours of field training that the licensing law requires will not yield expert inspectors.   However, the law, and public expectations, do require that newly licensed inspectors meet the basic level of competency.  In order to achieve this difficult goal in such a short period of time, additional regulatory structure of the Module V training is in order.
 
The Board supports all of the modifications proposed by the Home Inspection Advisory Council in your letter dated May 28, 2008.  These proposals primarily address the type of inspections allowed and the time that will be credited for each inspection.  Adoption of these proposals should greatly improve Module 5. 
 
However, there remains a lack of regulation on what is required to be accomplished during Module 5.  Our Board believes that the effectiveness of this module can be further increased by setting standards that must be met, by both the instructor and the trainee.  To this end we submit the following proposals.
 

1. Establish minimum standards for the Module 5 instructor at 5 years of home inspection experience and 1000 completed inspections.  The rationale for this recommendation is that, while inspectors with lesser qualifications are permitted to provide the classroom training, they can rely on text books and Power Point presentations to guide them.  In the field, the inspector has no such support, and therefore having experienced instructors in these positions will maximize the benefit to the trainees.
2. Require that a written report be created by each trainee for each of the real inspections (8 minimum).  We understand that report writing is covered in the classroom.  However the experience of live defect recognition in the field, note taking and report generation cannot be duplicated in the classroom.  The written report is the inspector's official communication with the client and this combined process of defect recognition, analysis and reporting is far different and far more difficult than merely observing an experienced instructor perform an inspection.
3. Require that the trainee's inspection reports be graded by the instructor on a pass/fail basis.  The reports are to be graded on their adherence to the Standards of Practice and Code of Ethics of our profession, as well as the technical accuracy of the description of the defects in the home.  The trainee does not receive hour credits for inspections when a failed report is produced.
4. Require that the instructor or school carry enough liability insurance to cover any damage that may occur to a home during this process.  This requirement will help ensure that an adequate number of homes are available to meet the need.
5. Require annual audits, both on site and record audits, of Module 5 instructors and inspections in order to maintain accreditation. 

 
The NYSAHI Board realizes that implementing these recommendations will result in higher training costs.  However, we do not believe that the cost of training will be prohibitive or that cost should be the deciding factor.  Even with these changes, the expenditure in time and money to become a licensed home inspector is still likely to be less than that to attend a single college semester.  This field training component remains far less than that required of other professions licensed by the Department. 
 
The home buying public in New York State has a right to expect that the home inspector they consult with when making this major purchase is competent to advise them, even if he or she is new to the profession.   This is very difficult to accomplish in the short amount of time allowed.  NYSAHI urges the Department and the Council to take every step necessary to help to ensure that the public's trust in our profession is not misplaced.
 
Best regards,
 
 
Gregg Harwood, NYSAHI President 2008-09
 

 

 

All home inspectors are encouraged to attend.  There is a public comment session at each full meeting, but not at work session meetings. 

 

 

New York State Home Inspection Council
Location:	80 South Swan Street, 10th Fl. Conference Rm., Albany, NY
Date:	Thursday, August 7, 2008
Time:	10:30 a.m.
Contact:	Carol Fansler, (518) 486-3857 for more details.   Always check the DOS website for postponements at: http://www.dos.state.ny.us/about/calendar.htm

 

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