Undermining the Licensure Law in Washington - Before it even takes effect!

By
Home Inspector with Safe@Home Inspections, LLC in SE Washington 215
I recieved the following email from the ASHI of Western Washington-
Well, it didn't take long! We have just received word that the first attempt to change the new Home Inspector Law has been brought forth in the Legislature. It is Senate Bill 5644, which you can review at: http://apps.leg.wa.gov/documents/billdocs/2009-10/Pdf/Bills/Senate%20Bills/5644.pdf Basically, the bill attempts to allow on-line learning and inserts the word MOLD into the requirements for a Home Inspection. We would expect the DOL to fight the on line learning change, as all Real Estate classes are currently required to be instructor lead courses. Both the Real Estate Licensees and Home Inspectors are under the Real Estate Division of the DOL. Of course, inserting the word MOLD into the Home Inspection requirements is contrary to industry standards and raises serious questions about insurability.
The following is the letter that I sent to my local representative:
Honorable Senator Schoesler, The above referenced bill has been placed on the agenda of the legislature for consideration by Senators Parlette and Kohl-Welles. A substantial change is the requirement to perform a home inspection with the express purpose of identifying mold. This is outside the Standards of Practice of all the major certifying bodies and I am not aware of any state in the nation that makes this requirement. There is no nationally recognized standard for sample collection, sampling methodolgy, chain of custody and reporting for mold. It would, however,. lead to tremendous litigation and would be detrimental to my profession and the consumer that the current licensing law seeks to protect. Further, it seeks to substantially undermine and weaken the protection of a well trained inspector workforce by watering down the education requirements. I urge you to reject the changes proposed in SENATE BILL 5644. Thank you, Paul Duffau
I know that MOLD is GOLD for some inspectors but I think that it is often a way to increase revenues rather than provide quality service. The testing that a home inspector does is radically different than that of a licensed and certified testing laboratory - and I used to work in one in the field of materials testing. If they really wanted to make a change that benefits the consumer, requiring E&O of all inspectors would be a more effective protection.

Comments (10)

Charles Buell
Charles Buell Inspections Inc. - Seattle, WA
Seattle Home Inspector

Paul, I cannot imagine what the driving forces behind this bill would be.  While some of the education providers might be behind the education change the inclusion of the word "mold" is a little more perplexing.  I actually don't have a problem with reporting on mold or mold/like fungal growth being present in a home and perhaps this is what they are getting at.  I am baffled really.  I don't believe they can possibly be expecting the home inspectors to "test" for mold----that would be completely ludicrous.

Jan 29, 2009 11:24 AM
Charles Buell
Charles Buell Inspections Inc. - Seattle, WA
Seattle Home Inspector

Paul, in re-reading the bill it says, "looking for mold and certain fire and safety
hazards as defined by the board."  The words "mold and" have been inserted in the original law.  Looking for mold would not be testing in my opinion, and it is to be defined by the board what it would include.  I guess as worded it would be hard to have a lot of heart burn with it.  I have a bigger issue with initial home inspector training leaving the classroom.

Jan 29, 2009 11:31 AM
Paul Duffau
Safe@Home Inspections, LLC in SE Washington - Asotin, WA
Caring for People, Educating about Homes

Charles,

I identify the presence of mold where applicable but I can easily see an occasion on which no visible mold is present, grows and the inspector is blamed for the failure to identify.

Since mold grows in any environment, the only protection that an inspector will have legally will to be test for mold.  Anything less and the lawyers will clobber him/her.  The board can adopt any definition that they choose but ultimately what happens in court will be the primary determinent.

I am not a big fan of our "jackpot" legal system and I am a fan of tightly defined standards and processes. 

Jan 29, 2009 11:45 AM
Charles Buell
Charles Buell Inspections Inc. - Seattle, WA
Seattle Home Inspector

I should think that if no mold were visible at the time of inspection it would be no different than anything else we have to defend ourselves about.  It is really time for the mold hysteria to just "die-off." There will always be someone and their lawyers ready to pounce on us.  Take LOTS of pictures, take LOTS of time, and set expectations----that is the best protection against litigation---trying to avoid providing good service to the consumer will guarantee litigation.

Jan 29, 2009 11:56 AM
Paul Duffau
Safe@Home Inspections, LLC in SE Washington - Asotin, WA
Caring for People, Educating about Homes

Charles,

I don't disagree about the hysteria needs to go but, until that time, I'd prefer to stick with sharply defined standards.  That does not seem to be the case here.  And while I average more than 75 pictures per inspection, You can't photograph the entire home.  I spend 3.56 hours per inspection (on average and yes, I track it) and have a reputation for being "picky".  I can pre-set expectations.

None of that will protect me from a lawyer with a sympathic jury and vague standards and a client that is sure that someone else owes them. 

 

Jan 29, 2009 01:39 PM
Steven L. Smith
King of the House Home Inspection, Inc. - Bellingham, WA
Bellingham WA Home Inspector

As someone on the home inspector licensing board in the state I found this development interesting. I have had more than a few calls from inspectors disgruntled about one thing or another. I think, because of my online presence, I get quite a few of those people contacting me. However, both of the items here are a blindside to me. Never heard a "serious" peep about online education. I heard a bit of grumbling, but no clue the folks had legislators who would submit a law change. The mold language I would really be curious who is wanting that. We have had many people speak at board meetings and, other than a lawyer I remember one time way back, nobody has asked to have mold added to the standards.

Jan 29, 2009 02:30 PM
Paul Duffau
Safe@Home Inspections, LLC in SE Washington - Asotin, WA
Caring for People, Educating about Homes

Steven,

You're not making me feelmore confident about the mold thing!  :)

It sounds like someone didn't get what they wanted from you on the board and decided to go around instead. 

I can't say I like everything that has come down from the board but all in all, you folks have done a fine job of balancing things.

 

Jan 29, 2009 02:41 PM
Charles Buell
Charles Buell Inspections Inc. - Seattle, WA
Seattle Home Inspector

Paul, you said,

"None of that will protect me from a lawyer with a sympathetic jury and vague standards and a client that is sure that someone else owes them."

I would change that to say, "Nothing will protect me from a lawyer with a sympathetic jury and a client that is sure that someone else owes them----regardless of whether the standards are vague or precise."

A bit cynical but probably accurate:)

Jan 29, 2009 03:13 PM
Jim Mushinsky
Centsable Inspection - Framingham, MA

Hi Paul. Glad to see you are active and wrting a letter to your local representative!  I am curious as to the response you will get, especially if there is no response.  It may be a stretch, but I include a non-response as something that should be included in the category of ethics reform. 

Back to the mold issue.  What is mold?  Is mold a failure of a building component?  Is mold under the jurisdiction of the board of health?  Is mold under the jurisdiction of the building inspector?  What happens if the home inspection is during the school year and there is a home science experiment on mold?  (Yes, this was an actual assigment where the students had to place bread in certain areas of the home and observe the results)  Oops, I'm off track again.

I have yet to see what the SOP looks like, so my only comment is that the criteria for mold be similar to other condition reporting requirements.  I can think of several SOP that require reporting on signs of previous and active water penetration, signs of previous and active water leaks.  Is this the same intent with mold?

I am also curious as to whether the lawmakers and board will allow the inspector to specifically exclude mold and still be able to perform a home inspection.

Jan 29, 2009 04:27 PM
Paul Duffau
Safe@Home Inspections, LLC in SE Washington - Asotin, WA
Caring for People, Educating about Homes

Charles - Cynical? Nope.  Realistic.  :)

 

Jim - Great questions all.  Of course, my mother would have said that the definition of mold could be found in my closet when I was a kid and kept my football gear there. 

Jan 30, 2009 01:41 AM