Some info below regarding Home Inspection Licensing. As of Dec 31, 2005 all persons conducting a home inspection must be licensed by NY State. Make sure your home inspector is licensed and insured as per state regulations.
All Pillar To Post inspectors are licensed and Fully insured. We carry both insurance coverage for General Liability as required by the state as well as for Errors and Omissions which many Home Inspectors do not carry.
Most if not all realtors know that an inspector in the state must be licensed, but below are some of the guidelines and rules for the regulations that are in effect. The highlited sections are regarding our responsibility to the client, typically the purchaser of the property.
One key point briefly mentioned in this section is that of confidentiality that does come up during many inspections. Many times the realtor request a copy of the inspection report so that they may facilitate a deal or negotiation that may ensue. This is solely the clients decision. By law we have to provide our client confidentiality with regards the the inspection findings and report. As much as we would like to help things along, at times it is not posible as the client must approve distribution of the report. Many times it depends on the clients comfort level with the sellers and realtors involbed and sometimes tehy just don't want anyone to have a copy.
Below are some highlights from the Licensing laws:
New York Licensure (Chapter 461 of the Laws of 2004) :
The "Home Inspector Professional Licensing Act"takes effect December 31, 2005 and requires that all home inspectors obtain a license.
Home inspectors will be licensed for two years and must pay an initial fee of $250.00 and renewal fees of $100.00 thereafter. The basic provisions of the law include requirements for obtaining a license, including classroom education and on site inspection training, confirmation of an appropriate knowledge base via testing, the development of a required standard of practice and code of ethics, continuing education requirements for license renewal, and a duty of care of all license holders to the client.
There are two routes to obtaining a license. An applicant must complete 140 hours of approved training, including 40 hours of unpaid inspection experience under the direct supervision of a licensed inspector, or have 100 hours of paid or unpaid inspection experience under the direct supervision of a licensed inspector. The applicant must also pass an approved written exam. Additionally, there are grandfathering provisions in the law that recognize the value of prior experience. To receive a license under this provision, an inspector must have inspected at least 100 homes within the last two years and pass an approved exam, or have inspected at least 250 homes for compensation and have been a practicing inspector for at least three years, prior to the enforcement of this law.
There is an advisory Council consisting of 4 inspectors and 2 public members, that must meet to advise the Secretary regarding the appropriate rules and regulations, education requirements, examination, standards of practice and code of ethics. The Council will suggest the number of hours needed to meet continuing education requirements.
The law requires that a licensed home inspector maintain appropriate general liability insurance.
Finally, Under the Duty of Care provisions, every home inspector must provide a written report to the client, indicating what components and systems were observed, and must maintain the client's wishes for confidentiality.
The inspector may not do repairs on a home he/she has inspected for real estate sales purposes, inspect homes in which the inspector may have a financial interest, pay referral fees to agents or sellers, or inspect homes when payment is contingent upon closing, or pre-established or prescribed findings.
For more information contact Keith W. Stack, Deputy Secretary of State for Business and Licensing Services, New York State Department of State Division of Licensing Services, (518) 474-4429, (518) 473-6648 fax, e-mail licensing@dos.state.ny.us.
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