MyFloridaCode.com

Group, I know it's been awhile since my last update, but we've been busy
trying to work things out. Doesn't look good. The department has not
included Division 1 contractors as "deemed" to meet the licensure
requirements for Home Inspectors, Mold Assessors and Mold Remediators by
default. They have not recognized any other entities as approved for
licensure certification except the specific ones originally listed that
were borne from association memberships (even though they are not
Florida specific). There has been no approval for the CI-Certified
programs that require Florida Licensure as a prerequisite and then
provide Florida specific training and testing through the Association of
Construction Industry Certified Professionals (www.acicp.org ). If
approval had been given, the Contractors Institute was poised to give
all training, testing and certification for Inspection, Assessment and
Remediation licensure free to all Division 1 Contractors for the good of
the industry and citizens of the Great State of Florida.. I wonder if
the cost had been raised to thousands of dollars like the "approved"
associations if acceptance would have been granted? Are they associating
high membership and training fees with quality certifications?

 

We are now focusing on getting the Construction Industry Licensing Board
to write these services into our "authorized scope of services" which
would circumvent the law for us - but I am highly doubtful. We have some
meetings coming up and I will be presenting a request for the language
at the August Board Meeting of the CILB if they will hear me.

 

If not, we will be setting up a trust fund and asking for small
donations to initiate a legal challenge. I thousands of us give a few
dollars, we can quickly obtain an attorney. I hope we don't need to go
to that extreme. Maybe a congressperson will "step-up" to the plate at
this point and help us. (I know, I'm dreaming again) 

 

Here is a July 15, 2010  email I have sent to the entire congress, and
to the key people at the Department of Professional Regulation - feel
free to follow up with your representative...

 

++++++++++++

 

Messrs., Workman, Fasano, Harrell, Vacarro, Morrision, et. al.,

 

The effect of the Home Inspector and Mold legislation is manifesting
itself...  As I feared it would...

 

We are already being bombarded with the campaign from the American
Council for Accredited Certification as to their approval as the
"EXCLUSIVE" provider of mold licensure examinations, and how when States
use them the "ADVANTAGE" goes to those certified by this so called
"Council"? Does it remind you of a "no-bid" governmental contract? 

 

Funny how the CI-Certified BCT (Building Contaminant Technician) and the
CI-Certified BCA (Building Contaminant Assessor) certifications have not
been accepted even though the prerequisites are more strict than the
certification agencies approved by rule, even though the CI-Certified
training is Florida specific (unlike those approved by rule) and the
CI-Certified training requires knowledge of the Florida HVHZ codes
(unlike those approved by rule). Odd isn't it? The many hundreds of
CI-Certified contractors who have been performing these services without
incidence and are now precluded from initial licensure or grandfathering
(since we do not practice such services as our sole source of income,
rather we perform the services for our clients as needed, therefore some
are unable to meet the 40 required assessments or remediation, that is a
prerequisite to grandfathering). Not to mention the tens of thousands of
other Division 1 Contractors who have been providing these services to
the public with confident results and without any memberships or other
certifications. They are now barred.

 

Maybe it's because the CI-Certified programs (through the Association of
Construction Industry Certified Professionals - www.acicp.org ) does not
charge for membership or testing? Not even for membership to its
www.floridacode.com and discussion forum. Heaven forbid something is
free for a public service. The only charge is for the required training
and education; and it's costs are hundreds of dollars rather than many
thousands through the private associations sanctified by the department
and its new rule.

 

What a shame for the citizens of Florida that the contractors of Florida
have been deprived of performing the services that they have been doing
since the beginning without any public issues or problems, and that the
CITIZENS of the state of Florida will pay MUCH higher premiums for mold
assessment and remediation, while receiving REDUCED quality in delivered
construction services related to mold assessment and remediation by
firms that are not Division 1 Contractors. (the ones that were largely
to blame for unscrupulous work practices were unlicensed contractors -
they now are the one ones being sanctified and certified by the new
requirements).

 

Look at the un-truths or misdirection we as State Licensed Contractors
have been endured with this statute and the implementation of its'
administrative code to date:

 

1.       Members of the original committee that traveled the state
publicly told us an un-truth; that Division 1 Contractors would be able
to continue to perform these services in the same manner as before the
law - Un-true, we cannot

2.       Members of Congress indicated to me that they had included
language in the statute that gave the Department of Professional
Regulation the ability to "deem" all Division 1 Contractors as meeting
the requirements, meaning we would only need to apply and pay the
additional licensure fee. Although they did include such language, the
Department has subsequently failed to apply it and contend they do not
have the authority (or are unwilling to apply the authority) to protect
the public and allow Division 1 Contractors as a whole to become
licensed without further compliance or alternatively providing an
obtainable method of attaining licensure. (Even though they recognize we
have been performing these services since the beginning)

3.       The Department and other agencies are writing proprietary
compliance regulations with associations or "Councils" whose genesis
were proprietary associations - they promised they would not do so.

 

And look at the Home Inspector requirements; unless you have performed
120 "Home Inspections" in last 3 years, Division 1 Contractors are
unable to grandfather and new Division 1 Contractors will not be
eligible for licensure unless they attend a 120 hour training program
(an existing program developed by the existing home inspection
associations used to train someone with ABSOLUTELY no knowledge of
construction - about construction!) and take a proctored exam from a
proprietary home inspection testing agency whose genesis is associations
. Even the CI-Certified HPI (Home and Property Inspector) designation is
not allowed. Even though (as above) it requires a Division 1 Contractor
status and SPECIFIC Florida codes and conditions training! And if this
were not enough, consider this:

 

1.       Division 1 Contractors have 8000 hours of verified construction
experience and have taken a 3 part proctored exam. (now they will need a
120 hour course of the basics; kinda like being sent back to elementary
school from college);

2.       Division 1 Contractors are required to perform these home
inspections pursuant to the Florida Bar and Florida Association of
Realtors approved Contract for Sale of Florida Real Estate (contractors
were exclusively required with home inspectors listed as additionally
approved in later versions)

3.       The Florida Wind Mitigation forms specifically require
Division1 Contractors perform their home inspections (home inspectors
are not approved)

4.       Division 1 Contractors are required to coordinate, understand,
supervise and be legally responsible for all 8 items listed for home
inspection in the statute.

5.       Division 1 Contractors must inspect a commercial building or
inspect for property code compliance inside or outside the building (a
home inspector is not allowed to do so under current statute)

6.       Division 1 Contractors are allowed to dismantle and inspect for
industry compliance where a home inspector is allowed to perform a
"limited site inspection"

 

All of this and now a Division 1 Contractor cannot "limited visually
inspect" a residential home and issue a home inspection report? Absurd.

 

 We cannot let this continue - I am going to continue attempting to
resolve these injustices - If not, we MUST "gather our Armies" and
collect enough funds to file the necessary litigation to protect the
citizens and contractors of Florida. We will keep you posted through the
discussion group at www.myfloridacode.com

 

 

Robert Koning

Director Contractors Institute 

Director Association of Construction Industry Certified Professionals

rjkoning at contractorinstitute.com

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