Revised Regulation Position Statement Puts ASHI in Spotlight
By Gary Smith | January 24, 2008 - 9:45 am - Posted in ASHI News

It appears that the media agrees with ASHI: the regulation of inspectors for public protection is a big deal. This has drawn attention to ASHI as the undisputed voice of the profession. At least 10 major media outlets, including the Boston Globe, Palm Beach Post and Philadelphia Inquirer services, representing major metropolitan home buying publics, have contacted ASHI in response to a press release announcing the revised Position Statement. 

Furthermore, the Associated Press (AP) picked up the release, and it was run on several AP outlets, including three in the New Orleans/Baton Rouge market. That put ASHI in the local news on the eve of InspectionWorld in New Orleans. Nothing wrong with that. ASHI’s Position Statement is the definitive view of the pros and cons of inspector regulation. It represents ASHI’s long experience working with legislators and it offers invaluable analysis to inspectors and lawmakers on when regulation may be needed and what constitutes a law that legitimately protects consumers and elevates the profession. 

Because new states are adding or contemplating legislation, and regulated states often revisit their statutes, the Position Statement is a living document, revised each year by ASHI’s Legislative Committee. What’s new? Florida is the latest state to regulate inspectors. However, the law is poor and doesn’t deliver on protection to homebuyers or inspectors. Notable deficiencies include no experience requirement, no requirement of a psychometrically valid examination, and no standards of practice. 

Florida is the 32nd state to regulate inspectors and 28thin the last 10 years, reinforcing ASHI’s view that regulation is a long-term trend and remaining states will likely consider the adoption of similar legislation. Recognizing that a bad law is worse than no law, one important change in ASHI’s position is the suggestion that states conduct a Sunrise Review by a neutral public agency to determine the need, costs, benefits and alternatives to the proposed regulations prior to adoption. 

Grabbing the Legislative Tiger by the Tail Legislation that licenses or otherwise affects home inspectors is a vital concern for ASHI. Your national society takes no positions for or against any particular state bills. Positions and actions can only be taken by chapters and members in particular states affected by introduced legislation: you know the market conditions and the issues concerning public safety and the integrity of the profession.  

ASHI has a great interest in providing tools and assisting you in every way possible as you navigate the tricky currents of the legislative stream. Action depends on knowledge. ASHI provides tools for state members and chapter leaders to find and follow legislation that affects home inspectors. Today, this information is online and just a few clicks away. Let’s go over some basicsthat can help you keep yourselves and your members informed and armed. 

ASHI’s Legislative Action Center is the place to start The first stop is ASHI’s Legislative Action Center (LAC).You can get there by logging on and clicking through “Resources” and then “Legislative Action Center.” Or you can click here and bookmark. 

Once you are on the home page, click on the “State Officials” icon and select your state from the map, or use the scroll down menu and select your state that way. This takes you to your state legislative action center. Here you can see if HQ has posted any information about bills in play. You’ll also want to keep current on bill introductions and movement by regularly visiting your state’s legislative Web site. To help you get there, ASHI developed a spreadsheet for all 50 states. The spreadsheet provides three important links for each state. First is the state legislature homepage. Spend some time there looking around to see what the Web site has to offer. If the site has a FAQ page I highly recommend you read it. 

Next is a link to a page that should let you keyword search for bills. Here you’ll enter “home inspector,” or “home inspection,” or “residential inspection,” etc., anything you think will return useful information. (You can also see what’s going on that may affect Realtors, contractors, etc.). If there are bills of interest, bookmark the pages and keep a list of the bill numbers. Finally, “E-mail notifications or bill tracking” will take you to a page that offers tools to track bills as they wind their way through committees, hearings, and votes, eventually to passage, death, or other action. 

If you have question about the legislative process or any of the above please contact me at 847-954-3177 or e-mail me at bobk@ashi.org.   by Bob Kociolek, ASHI director of state affairs and chapter relations, bobk@ashi.org 

1/22/2008

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Brrr…I Guess It Is Winter Again
By Gary Smith | January 15, 2008 - 12:22 pm - Posted in Southern Landscape

Old Man Winter is at it once again!  He has been creating those strong northerly winds that can cut you like a knife, putting a layer of frost on the morning landscapes that can make pine saplings and cedars glow in the early daylight hours, burning our once beautiful perennials into an unrecognizable mass of straw and twigs, and making our once beautiful lawns turn into a dismal display of natural browns and khakis.

BerryThe Old Man can be cruel for sure, but all of this is not done in vain.  Winter is a time when certain species are in full glory.  Some of these plants have been waiting for their time in the spot light and have been producing buds and the promise of a colorful explosion for weeks on end.  Whether it is your favorite Camellia in your front yard inviting your neighbor’s eye for a visual treat, the vast sweeping bed of Nandina that lead you to your back yard, or the majestic Hollies that you have as specimen plantings hugging your property line, these plants have been patiently waiting their turn in nature to show you why they are in our plant palette.

An often overlooked quality of some plant materials is their ability to show off their branching structure and character in the leafless months of winter.  It is a great time to see why we prune as we do, and what a difference proper growing techniques and care can make to a ‘naked’ specimen.

Having said this, I invite you to spend time in your favorite garden and look for the hidden pleasures that the Old Man has been fortunate enough to bring into our lives.  Watch the birds feast on the red glow of Hollies.  Watch the people that drive by and twist their necks trying to take in all of the beauty of a defoliated Japanese Maple.  Enjoy Springthe architecture of the trees and reflect on the work that was done to get them to where they are now.

Spring is just around the corner and when it arrives, it will bring new buds, colors, smells, textures and an array of other beautiful visual distractions.  These winter wonders will once again go into remission and patiently await their time to shine.  Until then, stay warm and challenge yourself to get out and find that hidden beauty in your favorite outdoor retreat.

Re-printed with permission - By Phillip Robinson 

Madison Planting and Design Group - Madison, MS 

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What’s in Your Report?
By Gary Smith | January 13, 2008 - 8:37 pm - Posted in Lates News

Are you buying a home? One of the most important aspects of hiring the home inspector is the opportunity to benefit from the knowledge and understanding of his/her experience. An in-depth understandings of the principles of residential construction are paramount and should be considered vital in your pre-inspection interview.  

In the State of Mississippi, to help eliminate inconsistent reporting and establish a more unified ASHIprofession, certain standards were adopted.  In order to create this standard Mississippi chose the American Society of Home Inspectors’ (ASHI) Standards of Practice as a guideline. The state also adopted ASHI’s Code of Ethics to guide inspector conduct.

 Section 2.1 of the standard reads in part:  “The purpose of these Standards of Practice is to establish a minimum and uniform standard for home inspectors”…  However, the establishment of a minimum does not limit the inspector to the quantity of information reported, the means by which the report is delivered or the arrangement of the report details. Each individual inspector is left to provide the details of the report as they deem appropriate, as long as they include, at the very least, the minimum standard adopted.

In section 2.2. the SOP reads:

The Inspector shall:

  • adhere to the Code of Ethics of the American Society of Home Inspectors.
  • inspect readily accessible, visually observable, installed systems and components listed in these Standards of Practice.
  • report :
  • those systems and components inspected that, in the professional judgment of the inspector, are not functioning properly, significantly deficient, unsafe, or are near the end of their service lives.
  • recommendations to correct, or monitor for future correction, the deficiencies reported in 2.2.C.1, or items needing further evaluation. (Per Exclusion 13.2.A.5 inspectors are NOT required to determine methods, materials, or costs of corrections.)
  • and give reasoning or explanation as to the nature of the deficiencies reported in 2.2.C.1, that are not self-evident.
  • systems and components designated for inspection in these Standards of Practice that were present at the time of the home inspection but were not inspected and the reason(s) they were not inspected.

After your inspection report has been delivered, read all of the report and at the very least the home inspection report should include:

  • what’s been inspected
  • the recommendations to correct or monitor those items
  • the reasons for including the deficiencies, if any are found
  • and if a system or component is not inspected, you should have a reason why in the report

Care should be taken to assure that your home inspector has included the above items in his/her reporting methods. The inspector’s perspective, reporting methods and opinions will vary based on the apparent facts and the inspector’s ideals.

Click here for a complete copy of the standards and code of ethics for Mississippi.

Gary Smith – Professional Home Inspector

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Consumer Product Safety Commission Warning
By Gary Smith | January 7, 2008 - 11:41 am - Posted in Home Safety

Use Portable Generators Outdoors Only

WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission is issuing a warning to consumers confronted with severe winter weather. When there’s a power outage, exercise caution when using portable generators.

Carbon monoxide (CO) is an invisible killer. You can’t see or smell it. A generator’s exhaust contains poisonous CO which can kill you in a matter of minutes.

At least 65 people died in 2006 from generator-related CO poisoning. Many of the deaths occurred after winter storms knocked out power.

Follow these important generator safety tips:   

     

  • Never use a portable generator inside a home, garage, shed or other partially enclosed space, even if doors and windows are open.  
  • Use portable generators outside only, far away from the home. And keep the generator away from openings to the home, including doors, windows and vents.  
  • Read the label on the generator and the owner’s manual, and follow the instructions.  
  • Install CO alarms with battery backup in the home outside each sleeping area.  
  • Get to fresh air immediately if you start to feel sick, weak or dizzy. CO poisoning from exposure to generator exhaust can quickly lead to incapacitation and death. 

CPSC recently mandated a new danger label on generators manufactured after May 14, 2007. The label states that, “Using a generator indoors CAN KILL YOU IN MINUTES.”

CPSC has additional rulemaking underway on generators. The Commission directed staff to investigate various strategies to reduce consumers’ exposure to CO and to enable and encourage them to use generators outdoors only. Those strategies include generator engines with substantially reduced CO emissions, interlocking or automatic shutoff devices, weatherization requirements, theft deterrence and noise reduction.

In addition to safe generator use, CPSC suggests consumers follow these safety tips after a storm:

  • Never use charcoal indoors. Burning charcoal in an enclosed space can produce lethal carbon monoxide.  
  • Use caution when burning candles. Use flashlights instead. If you must use candles, do not burn them on or near anything that can catch fire. Never leave burning candles unattended. Extinguish candles when you leave the room.  
  • Do not use portable heaters or lanterns while sleeping in enclosed areas such as tents, campers, and other vehicles. This is especially important at high altitudes, where the risk of carbon monoxide poisoning is increased.

    • Consumers can obtain this release and recall information at CPSC’s Web site at www.cpsc.gov.

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    Concrete Cracks
    By Gary Smith | January 6, 2008 - 3:44 pm - Posted in Foundations

    One of the most common questions I receive during my inspection orientation concerns concrete cracks and concrete failure. Why is the home’s concrete cracking and is this a shoddy job?The fact is, when installed properly; concrete is one the most durable and long lasting products in your home. But, there are well-established rules and guidelines with respect to installation that can affect its durability, strength, and resistance to cracking.

    Let’s look at a few reasons concrete cracks:

    •1)      Excess water in the mix.

    It’s no secret that concrete is heavy. When it’s being poured from the truck the concrete is stiff and hard to maneuver. In an effort to make it lighter and easier to move some contractors often add water to the mix. But the excess water also greatly reduces the strength of the concrete.

    As the concrete cures or hardens, it shrinks. This shrinkage is one of the main causes of the cracking and the wetter or soupier the mix the greater the shrinkage. It’s not uncommon to shrink as much as ½ inch in 100 feet. So, a low water to cement ratio during installation is the number one issue effecting concrete quality and any excess water reduces this ratio. The result - increased cracking.

    What you can do about it? Well by the time the home is being inspected not a lot. But during the construction period one way to help combat cracking is choosing a reputable contractor who will make certain the concrete has the proper water mix as its being poured. Is it more expensive to pour stiff concrete? In terms of labor cost…yes. But it pays off in the long run.

    •2)      Rapid Drying of the concrete

    Once the concrete is poured and in place, add water! Wait a minute…I thought we just said don’t add water? Well now we want water…that’s right! The ideal technique to cure concrete is to keep the concrete wet as it goes through the curing process.

    Concrete that dries too fast will crack, so you want to slow the hydration or chemical reaction process the concrete goes though. As it cures concrete is transformed from a liquid or plastic state to a solid state. This process continues to occur for days and sometime weeks after you pour.  Adding water to slow down this reaction time will help lessen the propensity of the concrete to crack. How do we add the water? Several ways:

    1. Water cure-the concrete is dampened or mist sprayed after the pour to help prevent mix water evaporation.
    2. Water retaining methods-use coverings such as sand, canvas, burlap, or straw. These products are kept continuously wet for the entire curing period.
    3. Waterproof paper or plastic film seal- applied as soon as the concrete is hard enough to resist surface damage. Use caution here; plastic films may cause discoloration of the concrete and you don’t want that if you intend to do not stain or use it as a finished floor surface.
    4. Chemical Membranes- this kind of application should be made as soon as the concrete is finished. Note: curing compounds can affect adherence of resilient flooring, so you may want to contract your flooring contractor and/or chemical membrane manufacturer for further guidance.  

    The length of time to protect concrete against moisture loss depends on the type of cement used, mix proportions, required strength, size and shape of the concrete mass, weather, and future exposure conditions. For most structural use, the curing period for cast-in-place concrete is usually 3 days to 2 weeks.

     

    •3)      Improper strength concrete poured on the job

    Concrete’s strength is measured in pounds per square inch (PSI). Once fully cured, the higher the number the harder the concrete and, the higher the PSI the longer the cure time. There are minimum standards for concrete strength. The Federal Housing Administration (FHA) minimum standard for residential construction is a PSI reading of 2,500. Too much water in the mix can lower that number and weaken its ability to resist stress.

    •4)      Lacks of control joints.

    Control joints help concrete crack where you want it to. The joints or seams should be of the depth of the slab and no more than 2-3 times (in feet) of the thickness of the concrete (in inches). So a 4″concrete slab should have joints 8-12′ apart. Longer sections tend to crack more often.

    •5)      Weak subsurface or pad.

    The sub grade must be prepared according to your particular soil conditions. Some flatwork can have concrete poured right on native grade. In other areas 6″of base fill may be required along with steel rebar installed for added strength.

    Any areas beneath the slab that are not to be filled with concrete; i.e. plumbing and other mechanical trenches should be brought back to grade in compacted lifts. That means a 24″ deep trench would be backfilled 6″ at a time, each “lift” being mechanically vibrated or packed so it is left compact.

    If the excavated areas are not compacted when backfilled, the loose soil will, in time, settle and leave the concrete over that area with no support. That zone then becomes a prime place for concrete to settle. Since the soil next to the excavated area is native soil or tightly compacted, the un-compacted trench can literally become a thoroughfare for water.

    •6)      Temperature

    Never pour concrete in sub-freezing weather conditions.  Like the human body, concrete must be warmed or covered in the winter.

    Both fresh and newly-hardened concrete lose moisture and heat rapidly in cold-weather conditions. You must protect cold weather concrete against early freezing to assure strength development and job progress.

    If you do attempt to try your hand at cold weather pours, use insulation blankets or heated enclosures to maintain concrete temperatures above 50 degrees Fahrenheit for at least three to seven days. Then maintain the concrete temperature above 40 degrees Fahrenheit for at least four more days. Cold air retards the evaporation rate and setting time of concrete.

     If you inspect your home and find a cracked driveway, walk or patio and wonder if it’s the builder, the sub-contractor or the supplier, remember that you’ll have to ask a number of other questions before getting a good concrete answer.

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