During the August DOS/Home Inspector Advisory Council meeting the Department reported that they may not be able to schedule another meeting for the rest of the year due to the tight budget New York currently has to contend with. 

 

While the State's financial problems are real, it is unfortunate that they have to impact our profession at this time when the regulatory framework for our licensed profession is still being created.

 

Unfortunately, this puts us in the same position that we were in for the first year and a half  of licensing before the Advisory Council's first meeting.  The DOS will be administering our licensing law and will be making decisions that will affect our profession into the future without any official input from the profession.

 

Let's hope this doesn't last too long.

 

 

In a September 2007 decision, the Department of State Office of Administrative Hearings has ordered a central New York contractor to cease and desist performing home inspections without a license. 

 

According to the DOS web site, buyers hired a contractor that had done work for them in the past to evaluate a home that they were attempting to purchase.  The contractor provided a one page report on his findings.  The DOS administrative law judge found, in part, that since the contractor was not there to provide estimates for work, but rather to evaluate the condition of the property, he had performed an inspection. 

 

The judge's decision in this case clearly draws a line between what a contractor may legally do and when he/she crosses over into home inspecting.

 

An excerpt from the decision is included below.  The entire ruling can be viewed at: http://www.dos.state.ny.us/ooah/decisions/homeinspector/Neubauer_Josef.htm
   

     Although the respondent may have innocently believed he was appearing for the Coles solely as a contractor, his actions and representations spoke otherwise. To hold that he was not acting as a home inspector would permit any contractor to provide occasional home inspections without being licensed. More importantly, it would lead to the respondent (and other contractors) not being held accountable if his inspection was incompetently or negligently performed. Had the Coles not been satisfied with the respondent's evaluation or had they purchased the property based on respondent's assessment and then realized that respondent had committed errors, they would not have had any recourse against him.
 
     Clearly, the intent of the Legislature in enacting The Home Inspection Professional Licensing Act is so that home buyers such as the Coles are assured that the person they hire to evaluate and address their concerns about their prospective new home is a professional, qualified home inspector who will be held accountable for that inspection. Simply because Patti Coles knew the respondent from having previously hired him to do contracting work for her, does not necessarily mean that he had the necessary background, qualifications and experience to inspect the property."
 

 

 

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:	Unknown, due to budget problems
Time:
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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