09/28/1995 Minutes - Laserfiche WebLink

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pull permits in all the various cities. He believed that licensiug should be done by the State. 1Vir. Burk stated that he was licensed by the State, but he had to register and get permits in all the cities he worked in. Mr. Gareau advised that he had handled the litigation with the security officers, originally. the city had qualified and licensed all special police, but later because of liability problems, that was changed to a registration just to let the city know that they were there. The State of Ohio has a registration scheme, but the statute allowed each city to register private detectives, but they were- nnt allowed to charge a fee. He challenged that in court but the Supreme Court believed that, since there was a State law, it should stand. There is no State law for home inspectors, but it will probably come. Mr. Burk stated that he had to pay in each city for registration and for permits. Mr. Lynch stated that a contractor who is doing work in a city for a period of tiine, is different from a home inspector who goes to several cities in one day. As a former councilman in Cleveland, he had tried to have systematic inspections, he believed that point of sale inspections would miss mauy homes which had not sold for years. Mr. Gareau responded that this would require more inspectors than the city could afford at this time. Building Commissioner Conway advised that he had brought this subject before the board, after a few inspections had been done in the city within a short period of time and there had been some difficulties with them. He was tiying to have some control over these inspections. He also had suggested the possibility of having these inspectors present a report to his department which might alert them to auy violations. Mr. Gareau stated that a home inspection is done because a buyer wants to kuow what is wroug with a house. These are two separate things, some communities inspect on a regular basis. The city's property code is complaint driven, there are no on-going inspections. He stated that if the city perceived that there was a problem with home inspections, it should be determined if an inspector is doing what he was lured to do. Mr. Kazak stated that having the inspectors register would be a start, if the city had a standard such as the A. S.H.I. test which Mr. Rindfleisch has stated could be done. Mr. Gareau uoted that, even if a person passed a test, how could it be determined that they also maintained the continuing education program. Mr. Rindfleisch explained how A.S.H.I. follows through and advised that there is a complaiut process and a de-certification process. Mr. Gareau noted that the city would have to have some kind of a follow up program. Mr. Rindfleisch stated that there had only been about 3 complaints over several years. Mr. Conway explained that there were several complaints in a relatively short period of time, at the time he brought this to the board about 2 or 3 years ago. There have been no complaints recently. Mr. Rindfleisch noted that only one or two complaints in possibly 2,000 sales in 2 or 3 years is a relatively small amount. Mr. Burk noted these were the only complaints made to the city, since there was no reason for people to complain to the city, but there may have been more problems. Mr. Rindfleisch noted that there are other avenues for complaints and he cavnot understand creating all this bureaucracy and inconveniences for one or two complaints. Mr. Burk stated that one of the benefits would be that the city would get some input on the condition of the homes that mighx endanger the people living in theln Mr. Rindfleisch believed that he would have a problem disclosing tlus infonnation because of the contractual agreement he signs with the client, A.S.H.I. certification will uot allow an inspector to disclose the finding without the client's permission. Mr. Gareau stated that it 'is contractual between the buyer and the inspector, but it is not the same as doctor/patient or lawyer/client confidentiality. But he agreed that this would not be consistent, it would not be equal treatment since it would only apply to homes that are beiug sold. He believed that if a defect is found in a home it would be fixed before the property trausfers. Chau-man Burk admuustered the oath to Mr. Brink, a Realtor in North Olmsted, who stated that the inspection is for the buyer's benefit, if any defects are revealed, the buyer must make a determinatiou, based on the price he is paying for the home, that he is getting what he paid for or to plau lus budget to repau something in the future that might be revealed. If the buyer wants to terminate the coutract, the seller must be advised of why they want to terminate, and then the seller must disclose it to the next buyer. Mr. Burk asked if a code violation would be remedied or if it would only serve as a negotiatiou tool. Mr. Brink stated that sometimes they are conected, but at times 3