View Full Version : ASTM E 2018
Wm Denslow
02-10-2010, 02:38 PM
Does anyone have an electronic copy of ASTM E 2018 for commecial building inspection standards? And would you be willing to share?
Daniel Leung
02-10-2010, 02:45 PM
I have my PDF copy with my name imprinted. To protect the copyright, please order your own copy online: ASTM E2018 -08 Standard Guide for Property Condition Assessments: Baseline Property... (http://www.astm.org/Standards/E2018.htm)
Or you can view it in the reference section of most public library.
Lisa Endza
02-11-2010, 10:07 PM
E-2018 is a mess and unusable. Try International Standards of Practice for Inspecting Commercial Properties - InterNACHI (http://www.nachi.org/comsop.htm)
It is free and comes with all necessary supporting legal forms and docs.
Bruce Breedlove
02-11-2010, 10:16 PM
Does anyone have an electronic copy of ASTM E 2018 for commecial building inspection standards? And would you be willing to share?
ASTM standards are copyrighted materials. When you buy an ASTM standard you agree NOT to share it. Violation of this copyright agreement carries some severe penalties.
Buy your own copy. It only costs $53.
ASTM E2018 -08 Standard Guide for Property Condition Assessments: Baseline Property... (http://www.astm.org/Standards/E2018.htm)
ASTM License Agreement (http://www.astm.org/COPYRIGHT/Single_PDF_copyrightlicense_agreement.doc)
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Lisa Endza
02-11-2010, 10:21 PM
And that makes 2018 even more unusable.
International Standards of Practice for Inspecting Commercial Properties - InterNACHI (http://www.nachi.org/comsop.htm)
Stuart Brooks
02-12-2010, 09:48 AM
And that makes 2018 even more unusable.
International Standards of Practice for Inspecting Commercial Properties - InterNACHI (http://www.nachi.org/comsop.htm)
Well, I might look at the iNacho standard and it might even be helpful but if I had to go to court, I would want the inspection and report to conform to the ASTM 2018 standard that has legal credibility.
Lisa Endza
02-12-2010, 10:03 AM
International Standards of Practice for Inspecting Commercial Properties - InterNACHI (http://www.nachi.org/comsop.htm) is far more defensible. Read it once.
The ComInspect Network switched to it and it is now being used in 55 different countries.
In the U.S., 13 licensed states award home inspectors CE for completing the commercial course based on the International Standard of Practice for Inspecting Commercial Properties.
Stuart Brooks
02-12-2010, 10:29 AM
International Standards of Practice for Inspecting Commercial Properties - InterNACHI (http://www.nachi.org/comsop.htm) is far more defensible. Read it once.
The ComInspect Network switched to it and it is now being used in 55 different countries.
In the U.S., 13 licensed states award home inspectors CE for completing the commercial course based on the International Standard of Practice for Inspecting Commercial Properties.
That may well and true but has precedence been establish in the U.S. legal system? Do you really think a U.S. court would accept iNACHI standards over ASTM?
Lisa Endza
02-12-2010, 10:49 AM
Upheld all the time. InterNACHI is the world's largest inspection trade association, operating in 55 countries and nine different languages. Residential and Commercial inspections are our only focus (we aren't into jet fuels :p).
2018 isn't an SOP at all. It is a Scope of Work permission form that requires little, prohibits little, and puts the inspector in the precarious position of providing repair estimates.
Have you read International Standards of Practice for Inspecting Commercial Properties - InterNACHI (http://www.nachi.org/comsop.htm) ?
Dan Harris
02-12-2010, 11:24 AM
Upheld all the time. InterNACHI is the world's largest inspection trade association, operating in 55 countries and nine different languages. Residential and Commercial inspections are our only focus (we aren't into jet fuels :p).
[/url] ?
Up held all the time? Considering that ole nicko drempt up his commercial standards less than a year ago, they've already been used in court, and upheld already? I'm leaning to inspecting jet fuels.:)
I'm not sure if I would want to consider inspecting commercial properties.
I'm leaning to inspecting jet fuels, at least those lawsuits may take a few years.
Lisa Endza
02-12-2010, 11:33 AM
Yes, the International SOP for Inspecting Commercial Properties is regularly pointed to (in court) as the standard by which inspectors should inspect commercial properties to. Many home inspectors trying to enter the commercial inspection business, erroneously try to apply their residential SOP to a commercial property inspection and get themselves into a jam.
Scott Patterson
02-12-2010, 01:32 PM
Yes, the International SOP for Inspecting Commercial Properties is regularly pointed to (in court) as the standard by which inspectors should inspect commercial properties to. Many home inspectors trying to enter the commercial inspection business, erroneously try to apply their residential SOP to a commercial property inspection and get themselves into a jam.
Hi Lisa,
Can you cite a court case that this has happened in? It should not be difficult if this SOP is pointed to in various courts around the country. If the courts are recognizing a second standard for commercial inspections this is something we all need to know about and be able to cite as needed.
Lisa Endza
02-12-2010, 02:13 PM
Scott, you are ignorant of the role of our judicial branch. A judge doesn't print off an SOP and nail it to a courthouse wall under a big "Recognized" sign.
More realistically, one party in a commercial property disupute will submit into evidence the International Standards of Practice for Inspecting Commercial Properties as the "industry standard." No argument has ever been proffered that the International Standards of Practice for Inspecting Commercial Properties is anything less than THEE industry standard for inspecting commercial properties, because it is the industry standard, worldwide.
Ted Menelly
02-12-2010, 02:16 PM
Hi Lisa,
Can you cite a court case that this has happened in? It should not be difficult if this SOP is pointed to in various courts around the country. If the courts are recognizing a second standard for commercial inspections this is something we all need to know about and be able to cite as needed.
At the moment it means nothing. Don't you think we would have heard of such a credible story before Lisa was so kind to put it to us.
If this was the standard I think the world would have known about it thru the news for some time now.
This would be such tremendous news don't yeah think the folks doing commercial inspection in this country would have informed the rest of the Commercial inspection world.
This sounds like get the band wagon going because there are a few folks on the planet using this standard and lets get em all into NACHI and NACHI will be in control of thee standards.
NACHI controlling the world of inspection.
DONT YEAH THINK WE WOULD HAVE HEARD SOMETHING BY NOW if the world had excepted these standards.
Just not any home inspectors in the US that would have passed it on to everyone else already.
NACHI has a serious long way to go before it becomes the countries standards for commercial home inspections. Like Government nation wide type stuff.
I think I will start a new standard tomorrow and put it out there that the rest of the world is already excepting it and all are using these standards.
Pointed to means absolutely nothing until they are the adopted standards.
You cannot point standards out in court that are nationally and internationally excepted until the are
Pointed to...come on
I got pointed at the other day. I guess that makes me the excepted standard for what ever I was doing at the time.
Lisa
Why would you as a representative of a National Organization come on here and spout such undocumented and unsubstantiated remarks in the behalf of your Organization. Completely unprofessional. I have never seen anything like it.
Put up the substantiated proof. Tell us where this has become the international standard or just some standard that some might adhere to. Pointed to in court means absolutely nothing.
Judge
And these standards you say are the excepted standards. Excepted by whom. What country, state, county, city town state licensing board etc etc etc.
Which one of the above has adopted these standards. Please don't give a few commercial inspector names. It would mean nothing.
Say it long enough and loud enough and all will believe and fall in line!!!!!!!!!!!
Ted Menelly
02-12-2010, 02:21 PM
Scott, you are ignorant of the role of our judicial branch. A judge doesn't print off an SOP and nail it to a courthouse wall under a big "Recognized" sign.
More realistically, one party in a commercial property disupute will submit into evidence the International Standards of Practice for Inspecting Commercial Properties as the "industry standard." No argument has ever been proffered that the International Standards of Practice for Inspecting Commercial Properties is anything less than THEE industry standard for inspecting commercial properties, because it is the industry standard, worldwide.
What kind of crap is that
Seriously
You need to go back to your employer and get a better low down on the get down and get down to proof.
What the heck do you think judges or juries make their decisions on. Yep that is it. Standards that an individual or more to the point states now adays. There would be something in a court ruling somewhere about a standard not being followed.
Scott????? Ignorant? It is ignorant for you to say so with out puting forth details.
Spit out the details.
Wm Denslow
02-12-2010, 02:38 PM
Well, thanks everyone for all that wonderful help, and please forget that I asked. (You guys do get your blood pressure checked regularly, right?) :eek:
Lisa Endza
02-12-2010, 02:47 PM
I'm not sure how you define "recognized." It is regularly submitted as an industry standard in courts and uncontested as such.
As far as we can tell, most commercial property inspections are done to this International Standards of Practice for Inspecting Commercial Properties. Now I admit, this may be true simply because InterNACHI is big into commercial inspections, so naturally our SOP would be used the most.
And, the ComInspect Network uses it.
And, Inspector Outlet (http://www.InspectorOutlet.com) reports that it is their best selling book.
And, the major inspection reporting software companies (Home Inspector Pro, 3D, HomeGauge) have all developed commercial software based on this standard.
And it is published in various languages and used all over the world.
And, of course, the largest inspection trade association uses it exclusively.
And, it is larger, more comprehensive, and more robust than anything else out there.
And again, 13 of the states that license home inspectors have awarded CE approval for the commercial inspection courses that are based on this standard.
I can go on and on, but I'd say that International Standards of Practice for Inspecting Commercial Properties - InterNACHI (http://www.nachi.org/comsop.htm) is the "industry standard" for inspecting commercial properties.
John Ghent
02-12-2010, 03:20 PM
I'm not sure how you define "recognized." It is regularly submitted as an industry standard in courts and uncontested as such.
As far as we can tell, most commercial property inspections are done to this International Standards of Practice for Inspecting Commercial Properties. Now I admit, this may be true simply because InterNACHI is big into commercial inspections, so naturally our SOP would be used the most.
And, the ComInspect Network uses it.
And, Inspector Outlet (http://www.InspectorOutlet.com) reports that it is their best selling book.
And, the major inspection reporting software companies (Home Inspector Pro, 3D, HomeGauge) have all developed commercial software based on this standard.
And it is published in various languages and used all over the world.
And, of course, the largest inspection trade association uses it exclusively.
And, it is larger, more comprehensive, and more robust than anything else out there.
And again, 13 of the states that license home inspectors have awarded CE approval for the commercial inspection courses that are based on this standard.
I can go on and on, but I'd say that International Standards of Practice for Inspecting Commercial Properties - InterNACHI (http://www.nachi.org/comsop.htm) is the "industry standard" for inspecting commercial properties.
So Lisa. Just give us a duufus vs. dumbo case where inachi was presented in the proceedings. We don't need a letter from the Judge telling us it's a great standard. Just cite a case. It is all public information.
Lisa Endza
02-12-2010, 03:31 PM
John Ghent, that would do you no good. In nearly all cases, documents submitted into evidence are not digitized and made public by the courts, only pleadings are. In fact, many courts are now returning all documents submitted into evidence back to the parties and telling them that they have permission to destroy them after the appeal window has closed.
You would however, be able to discover in the public record, every motion where the International Standards of Practice for Inspecting Commercial Properties was contested as an industry standard, but you won't find such a record because it is the industry standard for reasons I explained earlier and others.
Scott Patterson
02-12-2010, 03:34 PM
Scott, you are ignorant of the role of our judicial branch. A judge doesn't print off an SOP and nail it to a courthouse wall under a big "Recognized" sign.
More realistically, one party in a commercial property disupute will submit into evidence the International Standards of Practice for Inspecting Commercial Properties as the "industry standard." No argument has ever been proffered that the International Standards of Practice for Inspecting Commercial Properties is anything less than THEE industry standard for inspecting commercial properties, because it is the industry standard, worldwide.
Hi Lisa,
Thank you for the thoughtful and educated response. It goes a long way in establishing your organization's credibility.
Scott Patterson
02-12-2010, 03:39 PM
John Ghent, that would do you no good. In nearly all cases, documents submitted into evidence are not digitized and made public by the courts, only pleadings are. In fact, many courts are now returning all documents submitted into evidence back to the parties and telling them that they have permission to destroy them after the appeal window has closed.
You would however, be able to discover in the public record, every motion where the International Standards of Practice for Inspecting Commercial Properties was contested as an industry standard, but you won't find such a record because it is the industry standard for reasons I explained earlier and others.
Lisa, if your standards were admitted they would be listed in the case documents as such. ASTM is listed all of the time, just like ASHI's SoP's have been admitted over the years as the standard of the profession.
Most legal documents are scanned and maintained with case management software, such as CaseLogistic's, Summation and a few others.
A quick Google search of Commercial Building Inspection Standards and Building Inspection Standards did not turn up your organization's standards. If they are so widely used I would have thought they would be on the first page of a search...... Care to comment or make an excuse as to why they are not?
A.D. Miller
02-12-2010, 03:56 PM
SP: I think you may have meant CaseLogistix (http://www.anacomp.com/clx/)and perhaps one of CT Summation's software programs such as iBlaze (http://www.summation.com/~/media/2CF4F040A8314DE4AEE4F7174AC658A0.ashx) ?
Stuart Brooks
02-12-2010, 03:57 PM
John Ghent, that would do you no good. In nearly all cases, documents submitted into evidence are not digitized and made public by the courts, only pleadings are. In fact, many courts are now returning all documents submitted into evidence back to the parties and telling them that they have permission to destroy them after the appeal window has closed.
You would however, be able to discover in the public record, every motion where the International Standards of Practice for Inspecting Commercial Properties was contested as an industry standard, but you won't find such a record because it is the industry standard for reasons I explained earlier and others.
This would be comical if it wasn't so pitiful. If one presents a comprehensive statement as fact, one should be ready to cite references to substantiate the declaration. This is not a pick-on-Nick excuse me, InterNacho, response. Anyone who made the statements that you have to THIS group would receive the same treatment.
It was your choice of wording that started this. I don't think I, or anyone would have much to say if you had just pointed to the iNACHI standard and suggested that it may be useful. But your pontification was a too much to let go. What is your title? Director of Communications?
Ted Menelly
02-12-2010, 04:04 PM
John Ghent, that would do you no good. In nearly all cases, documents submitted into evidence are not digitized and made public by the courts, only pleadings are. In fact, many courts are now returning all documents submitted into evidence back to the parties and telling them that they have permission to destroy them after the appeal window has closed.
You would however, be able to discover in the public record, every motion where the International Standards of Practice for Inspecting Commercial Properties was contested as an industry standard, but you won't find such a record because it is the industry standard for reasons I explained earlier and others.
Just because some people use it and some states (not sure which ones) give credits for does not mean it is the states standards and are not questioned. Just because a couple of software companies that make home inspection software add it to there reporting, does not make it a national standard/international standard.
ComInspect using it does not make it an international standard. I drive a ford to work. It does not make it the international standard that all home inspectors must adhere to.
You did not say one thing that says it is an international standard that everyone accepts.
The first state in the United States, TX, has not adopted it as a state standard and you did not say one thing that says any state has.
Keep trying.
"You would however, be able to discover in the public record, every motion where the International Standards of Practice for Inspecting Commercial Properties was contested as an industry standard, but you won't find such a record because it is the industry standard for reasons I explained earlier and others."
Let me see.....A standard that has never...I repeat....NEVER been contested???
Every standard on just about everything has been contested.
If there is a court case out there where the standards were put forth then there would be a record somewhere.....especially if it was presented as a standard to be held accountable for. Your boss would be advertising it all over the planet and not just thru you on this board.
Oh thats right there are no records anywhere for any reason because this is the end all standard that no one ever contests.
If an inspector was brought into court and he said in court that he went by such and such standards there would be a record somewhere. Again, advertised tremendously that the standards are the international standards that no one ever questions.
Or is it that they are not the standards that are internationally recognized and that is why there is no mention. Because they were not accepted by the courts as an International Standard recognized by that court or any other court in the US
Scott Patterson
02-12-2010, 04:06 PM
SP: I think you may have meant CaseLogistix (http://www.anacomp.com/clx/)and perhaps one of CT Summation's software programs such as iBlaze (http://www.summation.com/~/media/2CF4F040A8314DE4AEE4F7174AC658A0.ashx) ?
Yep, I can never get their name correct and my wife worked for the developers for several years!
Stuart Brooks
02-12-2010, 04:32 PM
Up held all the time? Considering that ole nicko drempt up his commercial standards less than a year ago, they've already been used in court, and upheld already? I'm leaning to inspecting jet fuels.:)
I'm not sure if I would want to consider inspecting commercial properties.
I'm leaning to inspecting jet fuels, at least those lawsuits may take a few years.
Nick must have discovered how to warp the space-time continuum. Faster than light speed travel. I think someone from one of those 55 countries, perhaps Bangladesh, helped him.
Dan Harris
02-12-2010, 05:42 PM
It was your choice of wording that started this. I don't think I, or anyone would have much to say if you had just pointed to the iNACHI standard and suggested that it may be useful. But your pontification was a too much to let go. What is your title? Director of Communications?
The more I read lisa's posts the more I believe lisa is nicko.
If the two of them think and post the same BS, nacho make believe inspector land, is in a world of hurting. :D
Dan Harris
02-12-2010, 06:37 PM
And, Inspector Outlet (http://www.InspectorOutlet.com) reports that it is their best selling book.
.
Lisa.. We are supposed to belive what Inspector Outlet reports to you ?
Who owns Inspector Outlet? :D
Dan Harris
02-12-2010, 07:10 PM
Well, thanks everyone for all that wonderful help, and please forget that I asked. (You guys do get your blood pressure checked regularly, right?) :eek:
Don't feel bad about asking questions, that's what makes this the best open to all, non censered HI site.
This was a good one since once again lisa exposed nickies club for what it is. All BS with nothing but more BS and name calling to back it up. :D
With the recent desperate marketing posts by Lisa, it's looking more and more like, soon to be what it was. :D
Stacey Van Houtan
02-12-2010, 08:00 PM
Due to the large variance in commerial building. And the different level of what a commerical buyer wants, I do not and will not use any of the SOPs I have read, This is like a moistue intursion or stucco or other special inspections i perform
When doing this on a commicerail building i will use something similar to my stucco language scope of work comment:
Per your request a visual examination of the above property was performed for the purpose of determining within reasonable limits, the general condition of representative samples of the exterior stucco system of the above property. Our goal is to discover as much about the exterior cladding system being reviewed as possible, given the limitations of time and accessibility. This report is a description of the visible and apparent condition of the applicable cladding system and accessories. When making a visual inspection it is required that certain assumptions be made regarding the existing conditions. Some of these assumptions are not verifiable without expending additional sums of money, or destroying adequate and serviceable portions of the building or finish material. The condition of the hidden systems (footings, piers, framing, etc.) is not known. Because of the type of cladding system that stucco is, the initial signs of moisture entry may be concealed within the walls and not immediately visible. On stucco systems, rot can work from the inside out, rather than working its way inward, such as on a house clad with wood siding.
Our examination is based on our interpretation of the industry standard of groups like NAHB (National Association of Home Builders), EIMA (EIFS Industry Members Association), EDI (Exterior Design Institute), and our opinion of accepted building practices and standard installation or repair techniques. Our inspections is primarily visual and limited by time, and accordingly conditions which would require inspection or testing by physical or destructive means (other than moisture probing), might not have been observed. Except as expressly stated in this report, no opinions were given as to any future conditions of the premises. Where opinions are given, it is understood these are opinions only and are not to be construed as a prediction of future conditions nor a guaranty or warranty.
David Nice
02-12-2010, 08:14 PM
Well, thanks everyone for all that wonderful help, and please forget that I asked. (You guys do get your blood pressure checked regularly, right?) :eek:
You'll find that there are amateur lawyers and self professed experts that seem think that ridicule and condescension makes them more credible than anyone else.
The home inspection industry refused to recognize ASTM as the appropriate body to create an SOP for home inspections. I assert that if commercial inspectors had been as organized as home inspectors at the time, they (we) would have done the same thing.
Chuck Lambert
02-12-2010, 09:58 PM
And, the major inspection reporting software companies (Home Inspector Pro, 3D, HomeGauge) have all developed commercial software based on this standard.
Lisa,
Please check you facts. I have been involved with 3D for several years as a re-seller, form developer and Focus Developer and I know of NO ONE who who has developed a commercial software base on your standard, ASTM standards yes. NACHI standards No
Please provide the names of and the products based on you standards with 3D
Chuck
A.D. Miller
02-13-2010, 07:09 AM
Lisa: It appears that you did not survive this one . . .:D
Dan Harris
02-13-2010, 11:01 AM
You'll find that there are amateur lawyers and self professed experts that seem think that ridicule and condescension makes them more credible than anyone else.
.
Quote by lisa: Scott, you are ignorant of the role of our judicial branch."
David.. I see you may be starting to see the light. :D
David Nice
02-13-2010, 08:41 PM
Lisa: It appears that you did not survive this one . . .:D
AD proves my point "graphically"!:rolleyes:
David Nice
02-13-2010, 09:55 PM
Quote by lisa: Scott, you are ignorant of the role of our judicial branch."
David.. I see you may be starting to see the light. :D
Sorry Dan :confused:, Lisa was merely stating a fact. Based on what Scott said, it is clear that he doesn't understand the role of the courts in such matters. If he does understand the court's role, then he is clearly playing "gotcha" instead of making an intelligent comparison of the document being discussed and who recognizes them.
Personally I think Scott doesn't completely grasp the role of the courts AND he is playing "gotcha". He is Oh So Clever at doing that in a most subtle and nuanced way.
Lisa is an intelligent women who knows what she is talking about. Efforts to portray her as some kind of pseudo "know it all" sock puppet of Nick's is extremely offensive. The real "know it all" is the kind whose personal sense of expertise, on nearly all subject (big and small), is so over inflated, and yet so fragile that it requires a regular dose of trying to prove others wrong with both obvious and subtle insults and attempts to undermine those they have decided (in their ignorance), have been, are now and will forever be considered their enemies and the enemy of what they foolishly insist is the current industry "correctness".
Yet through all the puffery and pseudo intellectual jargon, these very people are clueless as to how very transparent they are through their antics, to many others who read their posts.
I have not heard from many others here, who have actually read and compared both documents and objectively recognized exactly what Lisa has pointed out. Anyone with a modicum of common sense and technical knowledge would clearly see the superior value of the "International Standards of Practice for Inspecting Commercial Properties" to commercial inspectors over the ASTM document.
The minds that are closed to accepting any document coming from, or related to InterNACHI certainly cannot approach the subject objectively. Fortunately ASTM is not the home 7 commercial inspection God. There are an ever increasing number of intelligent, professional and objective parties related to the commercial inspection industry who are not looking at the ISOPICP through the same tainted glasses as a certain element here does.
I see this element as a small (but tight-knit) group of inspectors that keep clinging to the proverbial square peg while the world has moved on to round holes. They can just keep on hammering it, but it just wont fit anymore! It is ancient history!
Jerry Peck
02-13-2010, 10:19 PM
Lisa was merely stating a fact. Based on what Scott said, it is clear that he doesn't understand the role of the courts in such matters.
Let me get this straight:
- 1) Lisa says their standard is used in court.
- 2) Scott asks for Lisa to provide documentation.
- 3) Lisa does not provide that documentation.
- 4) Scott is now accused of not knowing about what he is talking about by those who obviously have no idea what is going on and who refuse to, or cannot, provide the requested documentation (I'm not sure which it is but am sure they do know which it is, and I doubt that it is 'refuse to' :rolleyes: ).
- 5) Unless, and until, Lisa provides that documentation Scott request, David's pleadings fall far short of the bench as there is no supporting documentation that such claim is substantiated, meaning that such claim is not accepted by the court of the readers of this board.
- 6) Resulting in the pleadings of David being entered into evidence as the rantings of a lunatic who always supports the unknown as though it were fact, even though it contradicts known and established fact.
- Bailiff, please remove the lunatic from the courtroom, this is not the type of court where a court jester is accepted or looked to for comedic relief. :rolleyes:
Billy Stephens
02-13-2010, 10:28 PM
I see this element as a small (but tight-knit) group of inspectors that keep clinging to the proverbial square peg while the world has moved on to round holes. They can just keep on hammering it, but it just wont fit anymore! It is ancient history!
.
Thanks For Stopping By. :rolleyes:
.
Scott Patterson
02-14-2010, 11:48 AM
Sorry Dan :confused:, Lisa was merely stating a fact. Based on what Scott said, it is clear that he doesn't understand the role of the courts in such matters. If he does understand the court's role, then he is clearly playing "gotcha" instead of making an intelligent comparison of the document being discussed and who recognizes them.
Personally I think Scott doesn't completely grasp the role of the courts AND he is playing "gotcha". He is Oh So Clever at doing that in a most subtle and nuanced way.
Lisa is an intelligent women who knows what she is talking about. Efforts to portray her as some kind of pseudo "know it all" sock puppet of Nick's is extremely offensive. The real "know it all" is the kind whose personal sense of expertise, on nearly all subject (big and small), is so over inflated, and yet so fragile that it requires a regular dose of trying to prove others wrong with both obvious and subtle insults and attempts to undermine those they have decided (in their ignorance), have been, are now and will forever be considered their enemies and the enemy of what they foolishly insist is the current industry "correctness".
Yet through all the puffery and pseudo intellectual jargon, these very people are clueless as to how very transparent they are through their antics, to many others who read their posts.
I have not heard from many others here, who have actually read and compared both documents and objectively recognized exactly what Lisa has pointed out. Anyone with a modicum of common sense and technical knowledge would clearly see the superior value of the "International Standards of Practice for Inspecting Commercial Properties" to commercial inspectors over the ASTM document.
The minds that are closed to accepting any document coming from, or related to InterNACHI certainly cannot approach the subject objectively. Fortunately ASTM is not the home 7 commercial inspection God. There are an ever increasing number of intelligent, professional and objective parties related to the commercial inspection industry who are not looking at the ISOPICP through the same tainted glasses as a certain element here does.
I see this element as a small (but tight-knit) group of inspectors that keep clinging to the proverbial square peg while the world has moved on to round holes. They can just keep on hammering it, but it just wont fit anymore! It is ancient history!
Hi David,
I don't think we have ever met or even spoken to each other. Could be we have traded a few post over the past few years you have been inspecting, but I don't recall them.
Anyway, it is very apparent that you are bias to anything and everything iNACHI. It makes no difference to me, but if you are as astute to how things are in the legal world you would know that folks who work in litigation support such as myself must be unbiased and rely on factual and documented information.
As for Lisa, I have never had the pleasure of meeting her. Apparentl you have, as you speak so highly of her and you were offended by what was posted. She has made her bed and now she must lay in it, good bad or indifferent. Guilt by association can be very damning.
Rick Cantrell
02-14-2010, 01:03 PM
Scott
You did not mention (so I will), that Lisa's job is to show NACHI in a positive way. Right or wrong, good or bad, she is going to put a spin on it. It attracts the naive wannabes that are gullible enough to believe it, as well as people like David.
Richard Soundy
02-14-2010, 01:21 PM
David,
I do not post a response on this thread to bash anyone, especially Lisa or INACHI. I view the statements made by the "Director of Communications" as misleading and alluding to our readers.
Yes, ASTM 2018 is outdated (Just take a look at there standard for determining leaks in roofing using an IR camera - in the days of law enforcement having the only commercial IR available - hovering 1000 ft above the roof "camera with helicopter attachment...). In the "true" commercial field your standards will never hold up to an inspection for the clients or the Real Estate Transaction Process.
Yes, your statement that home inspectors are increasingly conducting commercial (being called for by clients...) inspections only armed with a Residential SOP is quite correct.
I believe (personal) that your good intentions in the creation of ISOPCP is only pandering to those who are currently using HI for their benefit. There is a BIG, BIG difference between a Residential inspection and a Commercial inspection. In most counties, states and or local jurisdictions even if you operate in a residential structure, once falling under a commercial operation you are bound to comply with rulings which are well beyond the average HI capabilities. They need an inspection and select the low cost, least qualified solution - we are cheap and carry insurance as well!
I reviewed your ISOPCP and concluded it as just being a Residential SOP modified slightly. Looking deeper into it and the reporting statement requirements, you folks are way out-of-date. The reporting format for commercial property has already been established and endorsed by most of the major stakeholders in the commercial facility business. It is currently undergoing implementation.
I looked into ComInspect Network - this is one of Nicks setups. Of course he will endorse it. Why not be upfront and disclose this as Director of Communications. Accepted in many states! Checked one at random, selected New Jersey - all documents where from the HOME... section endorsing your training programs. No mention of "commercial" standards in the slightest.
Represented and endorsed in 55 countries??? There is absolutely no chance that any Asian/China country would hold the ISOPCP up as a defense - bare in mind the penalty for poor inspection that leads to a death is "off-with-your-head" in these countries. Where is the French version of these standards or a Dutch version ...etc..???
If ISOPCP is a worthy document it will become accepted by it contents. Not everything has to be a sell, sell game. The document must be able to stand on its own merit.
Regards - Richard
Ted Menelly
02-14-2010, 03:52 PM
Good Job Richard
David Nice
02-14-2010, 09:35 PM
Hi David,
I don't think we have ever met or even spoken to each other. Could be we have traded a few post over the past few years you have been inspecting, but I don't recall them.
Anyway, it is very apparent that you are bias to anything and everything InterNACHI. It makes no difference to me, but if you are as astute to how things are in the legal world you would know that folks who work in litigation support such as myself must be unbiased and rely on factual and documented information.
As for Lisa, I have never had the pleasure of meeting her. Apparentl you have, as you speak so highly of her and you were offended by what was posted. She has made her bed and now she must lay in it, good bad or indifferent. Guilt by association can be very damning.
I have followed various discussions in various places and found that you have shown both overt and covert bias against anything InterNACHI and it's members for a very long time. In this case it is again, the pot calling the kettle black.
I know that folks who work in litigation support need only APPEAR to be unbiased. They also do not get to pick and choose what documentation (which may or may not be factual) they must rely on. To suggest that because you working in that area is somehow evidence that you are (in fact) unbiased is ludicrous.
When it comes to Lisa ...here is the deal. I have yet to meet one single person who even comes anywhere even close to the energy and effort Lisa puts out (day in and day out) in support of and on behalf of inspectors. I would not want her to run down everything you ask her to as proof, since you and I both know that no matter what she produced, you would go to great lengths to find it inadequate to satisfy you, and therefore should not satisfy anyone in the industry.
Because she doesn't drop anything to respond to what you think must be answered to prove the worth and acceptance of the ISOP only means that yet another trap has been set and her failure to respond with what you want, when you want it now proves something if she did respond with what you wanted, we both know that you. I hope she does not take any time away from her duties to try to pacify anyone here because it is futile.
I think Lisa is aware that these are shark infested waters but she probably only knows a few by name. And then there are those sharks that are in near to full disguise and know how to present their opinions as authoritative when they could not be further from the truth.
Now it appears that the floodgates are opening to people who will now claim to have studied and compared the documents in an unbiased way. Right on Que. I guess a few of you are quite proud of your efforts to drive away those who you decide are unwanted. Unfortunately hanging out amongst only those of the same opinions is tantamount to intellectual incest. NO matter how much the "square peggers" unite, it is not going to help make them fit into the round holes.
Billy Stephens
02-14-2010, 09:56 PM
.
. Right on Que.
I guess a few of you are quite proud of your efforts to drive away those who you decide are unwanted..
.
Bla, Bla, Bla,
* keep drinking the Kool-Aid.
.
David Nice
02-14-2010, 10:32 PM
.
Bla, Bla, Bla,
* keep drinking the Kool-Aid.
.
Your sense of humor is underwhelming. It is amazing how many find the need to make jokes at the expense of others. It shows insecurity and immaturity. Sorry things are not going well for you.
Phillip Smith
02-14-2010, 11:21 PM
Talk, talk, talk.
It seems plain to this old redneck country boy.
If International Standards of Practice for Inspecting Commercial Properties - InterNACHI, has been upheld in court put up the court record or the case number.
We are asking for facts, not talk
Ken Rowe
02-14-2010, 11:23 PM
It's funny how the InterNachi inspectors always seem to reference ASHI on their websites, however the ASHI inspectors will never reference InterNachi.
Dan Harris
02-15-2010, 07:18 AM
I have followed various discussions in various places and found that you have shown both overt and covert bias against anything InterNACHI and it's members for a very long time. In this case it is again, the pot calling the kettle black.
Now it appears that the floodgates are opening to people who will now claim to have studied and compared the documents in an unbiased way. Right on Que. I guess a few of you are quite proud of your efforts to drive away those who you decide are unwanted.
.
David. All that was asked was provide proof of a statment made by another poster. Like stated, it dosen't matter who made the post.
Quote [ below] from a nacho long time member on his brandy new commerical inspection site, this site also lists another long time member that is an approved nicko education provider
" Our Commercial Building Inspections conform to ASTM E2018-08, which is an Industry Standard for a Comprehensive Baseline Property Condition Assessment. "
Drive away the unwanted?
One group of inspectors biased against other inspectors?
I don't know of anyone here that would not enjoy having another blind, dumb, stupid scum bag inspector, that should be killed if they don't buy an on-line Home Inspector Certificiation join us.
A.D. Miller
02-15-2010, 07:42 AM
Lisa and David:
http://www.cartoonstock.com/lowres/mba0591l.jpg
Scott Patterson
02-15-2010, 08:47 AM
I have followed various discussions in various places and found that you have shown both overt and covert bias against anything InterNACHI and it's members for a very long time. In this case it is again, the pot calling the kettle black.
Hi David,
I don't care about a persons professional affiliation. What I care about are false statements and untruths that hurt our profession. I have many friends who belong to iNACHI, I have even had a drink or two with Nick and shared a donut(Bearclaw for those taking notes) and coffee with the man.
Sure, back in the early days I had many words to say about INACHI in retaliation to what was being said about the organization I was a member of. That was then and this is now...... I'm older, wiser and I had a personal tragedy in my life many years back that changed my prospective on just about everything.
Now back to the original issue at hand; all that was asked was for Lisa to post a simple cite to backup her statement. If that can not be done then it must be assumed that she misspoke, it is puffery or she simply made a mistake. Nobody is insulting or trying to humiliate anyone it is a fairly simple matter.
David Nice
02-15-2010, 08:09 PM
Hi David,
I don't care about a persons professional affiliation. What I care about are false statements and untruths that hurt our profession...
Now back to the original issue at hand; all that was asked was for Lisa to post a simple cite to backup her statement. If that can not be done then it must be assumed that she misspoke...
Don't assume anything based on the fact that Lisa didn't just fly right back here to post what you asked for. I'm surprised that she had the time to post anything here in the first place. She is spread too thin as it is.
David Nice
02-15-2010, 08:11 PM
I don't know of anyone here that would not enjoy having another blind, dumb, stupid scum bag inspector, that should be killed if they don't buy an on-line Home Inspector Certificiation join us.
Especially those who cannot spell certification! :eek:
David Nice
02-15-2010, 08:23 PM
" Our Commercial Building Inspections conform to ASTM E2018-08, which is an Industry Standard for a Comprehensive Baseline Property Condition Assessment. "
Isn't "Comprehensive" and "Baseline" an oxymoron? A baseline is usually an initial set of observations or data, or a starting point. Not a good choice of words as a comprehensive assessment would require going well beyond any baseline.
Dan Harris
02-15-2010, 08:27 PM
Isn't "Comprehensive" and "Baseline" an oxymoron? A baseline is usually an initial set of observations or data, or a starting point. Not a good choice of words as a comprehensive assessment would require going well beyond any baseline.
I Dunno.. Nicki certified both of the inspectors listed on the website :D
David Nice
02-15-2010, 08:51 PM
I Dunno.. Nicki certified both of the inspectors listed on the website :D
I'm sure that reading and editing all members websites is in his job description. Apparently that is your job. Gee, maybe you should become a member and contribute instead of taking potshots every chance you get. On second thought...never mind. Your having too much fun already.
I don't have any more time for this right now, so knock yourself out.
Dan Harris
02-15-2010, 08:56 PM
I'm sure that reading and editing all members websites is in his job description. Apparently that is your job. Gee, maybe you should become a member and contribute instead of taking potshots every chance you get. On second thought...never mind. Your having too much fun already.
I don't have any more time for this right now, so knock yourself out.
Huuuh.. I don't recall spell or word checking anybodys sites or posts.
John Carroll
02-19-2010, 07:01 PM
Here's an idea, proof-read your own shtt.:cool:
Steve Frederickson
02-20-2010, 03:33 PM
Back to the original question of where to get ASTM E1018: Purchasing it through ASTM is one way that has already been suggested. $53 is a little steep for a 35 page pdf. A second way, which I use quite often, and which is legal, is to visit your local university library (or larger public library). I'm fortunate to live near a several engineering universities. The university down the street from me has a subscription to all ASTM standards, available on-line via the terminals in their library. The general public is free to walk in and use the library.
Also, quite accidentally, I ran across the following link: http://www.hawaiiinspectiongroup.com/Active%20Standard%20E2018-01%20Standard%20Guide%20for%20Property%20Condition %20Assessments%20Baseline%20Property%20Condition%2 0Assessment%20Pr.pdf
It's not my website, so don't yell at me for copywright infringement. Also, it's a link to the 2001 version. There's now an 08 version, which I suggest that you either purchase or obtain at your local library.
Wm Denslow
02-20-2010, 03:47 PM
Thank you, Steve - excellent suggestion and link.
Jerry Peck
02-20-2010, 05:30 PM
Back to the original question of where to get ASTM E1018: Purchasing it through ASTM is one way that has already been suggested. $53 is a little steep for a 35 page pdf. A second way, which I use quite often, and which is legal, is to visit your local university library (or larger public library). I'm fortunate to live near a several engineering universities. The university down the street from me has a subscription to all ASTM standards, available on-line via the terminals in their library. The general public is free to walk in and use the library.
Also, quite accidentally, I ran across the following link: http://www.hawaiiinspectiongroup.com/Active%20Standard%20E2018-01%20Standard%20Guide%20for%20Property%20Condition %20Assessments%20Baseline%20Property%20Condition%2 0Assessment%20Pr.pdf
It's not my website, so don't yell at me for copywright infringement. Also, it's a link to the 2001 version. There's now an 08 version, which I suggest that you either purchase or obtain at your local library.
Obtaining it at your local library for PERSON use and not for any profit is one thing, but STEALING IT FOR BUSINESS USE is in violation of the copyright laws and falls outside the Fair Use doctrine.
As professional HOME INSPECTORS I hope you do not go around telling other it is okay to STEAL THE WORK OF OTHERS, and then bitch and moan about people using your reports for other inspections and purchasers who were not your original clients ... THAT IS EXACTLY WHAT YOU ARE RECOMMENDING be done to ASTM.
STINKS when it is your foot is in it, doesn't it?
Steve Frederickson
02-20-2010, 07:13 PM
Wow! This is one of the major reasons I hardly ever post here.. because I'm tired of the endless critical threads that waste my time.
I simply directed someone to a location where they could find a copy. Why do you think it's available in the library? For someone not to read it? :confused:
Once they read it, they can make an informed decision as to whether or not they want to use it, at which point they should purchase a copy.
Jerry Peck
02-20-2010, 07:30 PM
Back to the original question of where to get ASTM E1018: Purchasing it through ASTM is one way that has already been suggested. $53 is a little steep for a 35 page pdf. A second way, which I use quite often, and which is legal, is to visit your local university library (or larger public library). I'm fortunate to live near a several engineering universities. The university down the street from me has a subscription to all ASTM standards, available on-line via the terminals in their library. The general public is free to walk in and use the library.
Also, quite accidentally, I ran across the following link: http://www.hawaiiinspectiongroup.com/Active%20Standard%20E2018-01%20Standard%20Guide%20for%20Property%20Condition %20Assessments%20Baseline%20Property%20Condition%2 0Assessment%20Pr.pdf
It's not my website, so don't yell at me for copywright infringement. Also, it's a link to the 2001 version. There's now an 08 version, which I suggest that you either purchase or obtain at your local library.
Wow! This is one of the major reasons I hardly ever post here.. because I'm tired of the endless critical threads that waste my time.
Maybe you should make sure you word YOUR posts to make sure that YOU are not encouraging an illegal use of copyrighted material, and THEN you might have a reason to complain - not likely, but until you do such you do not have any reason to complain.
I simply directed someone to a location where they could find a copy. Why do you think it's available in the library? For someone not to read it? :confused:
Once they read it, they can make an informed decision as to whether or not they want to use it, at which point they should purchase a copy.
That was not what you simply did. You directed them to where they could get a copy for free.
THIS is what YOU said:
Purchasing it through ASTM is one way that has already been suggested. $53 is a little steep for a 35 page pdf. A second way, which I use quite often, and which is legal, is to visit your local university library (or larger public library).
To which *I* replied that it was NOT legal to get a copy that way - doing that is STEALING, just like if someone were to steal your report for another use without paying you for it. Would you like that? Or is your complaining meaning that you find that is okay and you would not have a problem with a seller or agent re-using your reports time and again?
I apparently hit a touchy nerve as I doubt you would look kindly at seller or agents doing that with your reports.
H.G. Watson, Sr.
02-20-2010, 09:09 PM
L.E.:
Doesn't "Director of Communications" of Inter-Nachi include "MARKETING"? When wearing more than one hat - and retaining "credibility" to both the trade & press one should be careful with the puffing "Ad-Men" (or women) remarks.
Generally accepted.
Have you any knowledge of the "Frye" standard (FL, IL, AZ, NY, PA & WA)?
Federal and most states also employ the "Daubert" (Daubert v Merrell Dow Pharmaceuticals) standard regarding "experts", are you familiar with the
"Rule 702 trilogy" (1) the testimony is based upon sufficient facts or data; (2) the testimony is the product of reliable principles and methods, and
(3) the witness has applied the principles and methods reliably to the facts of the case?
How long has this "new" InterNACHI "Standard" for Commercial Inspections been in existance? More importantly: HOW WAS IT DEVELOPED?
If you're looking to "promote" your employer and its products, instead of exagerated claims, you might start by sharing that basic information.
It would take some TIME for a case to come to trial, have a final disposition, be appealled, tested, etc.
I am really NOT interested in pre-trial SETTLEMENTS or some lower municipal administrative hearing, but not even such was offered. Can you provide even ONE published lower court ruling? Not even ONE unpublished lower court ruling? Something isn't "Tested" until it has met and withstood Appellate challenges, and oftentimes further review. How about a Federal District Court? Even one? A single case citation? A single venue? how about a list of more than one - since the claim involved multiple courtS (let alone differing jurisdictions in one state or country) in multiple countries!
Ms. Lisa has had no problem posting on strings multiple times per day, at all hours of the day and night in the past - and in a manner not the least bit "professional".
I suggest she get a handle on what expert testimony and credentialling is all about.
Peer review, known or potential error rate, existance AND MAINTENANCE of Standards and CONTROLS concerning operation, and the degree to which the technique or standard is GENERALLY ACCEPTED. CONSENSUS and REVIEW - something Nacho doesn't have. Outside auditing, etc. (Oh my Gosh, I read like R.W.!).
I pity the sorry bloke who learns the hard way defending such a "certificate", "credential" or NACHO "standard".
Is it just me, or is the whole Nicko organization tree becoming even more "Kevin Trudeau(sp?)-esque" (the ex-con, self-publishing, infomercial guru who backs many more "front" heads) then ever? Why is it anyone who questions even one bit of obvious overstatement, let alone downright falsehood, be instantly branded some sort of devious troublemaker?
Ms. Lisa or someone needs ONLY SUPPLY THE CITATIONS or RETRACT the erroneous overstatement. These other persons (or alter egos) serve to throw mud and attempt to derail the subject and BURY (e.g. HIDE) the unsupported exageration from Inter-NACHI's "Director of Communication" in more manure.
A short while back some paid advertising for Nacho appeared. I haven't seen it lately. At the very least something not-quite-right with a marketing/communications director posting PUFFING for an organization that SHOULD BE PAYING for the UNSOLICITED ADVERTISING/promotion for Inter-Nachi (N.G., et. al.) on this site.
A.D. Miller
02-21-2010, 12:09 PM
Ms. Lisa or someone needs ONLY SUPPLY THE CITATIONS or RETRACT the erroneous overstatement.
HG: Wouldn't it be grand if it were so simple with these particular folks?:D
A.D. Miller
02-21-2010, 12:11 PM
but STEALING IT FOR BUSINESS USE is in violation of the copyright laws and falls outside the Fair Use doctrine.
JP: And, how does that square with an attorney copying verbatim an entire copyrighted website and trotting it out to use as ammunition against an expert? Which, by the way, is perfectly legal.:D
Jerry Peck
02-21-2010, 12:24 PM
JP: And, how does that square with an attorney copying verbatim an entire copyrighted website and trotting it out to use as ammunition against an expert? Which, by the way, is perfectly legal.:D
I'm not so sure that is "perfectly legal", :eek: but ...
... his use is for "educational purposes", which is not the same as an inspector using a copyrighted form to inspect to and make money from.
The Fair Use doctrine has limits, and while nothing is spelled out, there are 'accepted uses' which are - well, "acceptable" and there are 'unaccepted uses' in which one may have to defend that use, and incur high legal fees doing so, and may eventually lose the legal battle.
A.D. Miller
02-21-2010, 12:34 PM
... his use is for "educational purposes", which is not the same as an inspector using a copyrighted form to inspect to and make money from.
JP: Hold on a minute there. Are you implying that the attorney is not profiting from his "educational" use of the material. How is an HI using an ASTM standard to "educate" his client not the same thing?
For that matter, how is it that quoting building code citations in a report is not also taboo?
Jerry Peck
02-21-2010, 02:32 PM
JP: Hold on a minute there. Are you implying that the attorney is not profiting from his "educational" use of the material. How is an HI using an ASTM standard to "educate" his client not the same thing?
Nope, not the same thing.
The attorney is using that as an example of what the inspector stated on their web site and for whatever other examples it is being referenced to.
The home inspector is using that document as a guide to perform their inspection to, and that document as the form and format for their report.
BIG differences in the use of that copyrighted material.
For that matter, how is it that quoting building code citations in a report is not also taboo?
Because, like the attorney in the example above, the HI is using that as supporting documentation to educate the reader, not printing the document to sell (as the HI using that document for their inspection and report is basically doing).
Do some more reading of the Fair Use doctrine and what is said about it and the differences will become obvious as to why one may be allowed (the attorney's use) and one is not allowed (the HI's use as their report).
A.D. Miller
02-21-2010, 02:53 PM
The attorney is using that as an example of what the inspector stated on their web site and for whatever other examples it is being referenced to.
The home inspector is using that document as a guide to perform their inspection to, and that document as the form and format for their report.
BIG differences in the use of that copyrighted material.
JP: You stated that about as clearly as mud. Care to try again?
Because, like the attorney in the example above, the HI is using that as supporting documentation to educate the reader, not printing the document to sell (as the HI using that document for their inspection and report is basically doing).
JP: Wrong thinking. The attorney is plying his trade, i.e. making money, by using the copyrighted material to "sell" his opinion to a jury. The HI is essentially doing the same thing by using the copyrighted ASTM material in the plying of his trade to "sell" the readers of his reports on his opinion. There is no difference, in my way of thinking.
Jerry Peck
02-21-2010, 05:46 PM
Care to try again?
Okay, here goes a simpler description of the differences.
A) I print 1,000 copies of the NEC from a pdf file and sell them, pocketing the proceeds of the sales for my own.
I am sure that you agree A) is not allowed and would be considered copyright infringement. Right?
B) I post a particular NEC code section here to help you understand why I said what I said and to help with your knowledge level of understanding what is required and why. That falls within the Fair Use doctrine for using excerpts for educational purposes, and, there is no monetary value gained from the non-sale of that excerpt.
I am sure you agree that B) is allowed and would not be considered a copyright infringement. Right?
C) I supply the court with a particular NEC code section to help the judge/jury understand why I said what I said and to help with their knowledge level of understanding what is required and why. I made no monetary sale or gain from that particular section of the NEC and it was an excerpt and not the NEC in its entirety. That falls within the Fair Use doctrine for using excerpts for educational purposes, and, there is no monetary value gained from that non-sale of that excerpt as that NEC excerpt itself was not sold and therefore was not given a monetary value, even though it made me a more creditable expert and as such added to my value - it was only supporting MY EXPERT OPINION, and it was MY EXPERT OPINION and time which was being sold.
Do you now understand why that is not an infringement of the copyright and falls within the Fair Use doctrine?
Mark Howe
02-22-2010, 12:44 AM
Yes, the International SOP for Inspecting Commercial Properties is regularly pointed to (in court) as the standard by which inspectors should inspect commercial properties to. Many home inspectors trying to enter the commercial inspection business, erroneously try to apply their residential SOP to a commercial property inspection and get themselves into a jam.
Prove it.
A.D. Miller
02-22-2010, 04:45 AM
A) I print 1,000 copies of the NEC from a pdf file and sell them, pocketing the proceeds of the sales for my own.
JP: Then you're busted.
I am sure that you agree A) is not allowed and would be considered copyright infringement. Right?
JO: OK, so far.
B) I post a particular NEC code section here to help you understand why I said what I said and to help with your knowledge level of understanding what is required and why. That falls within the Fair Use doctrine for using excerpts for educational purposes, and, there is no monetary value gained from the non-sale of that excerpt.
JP: That sound legit.
I am sure you agree that B) is allowed and would not be considered a copyright infringement. Right?
JP: Yes, I would think so.
C) I supply the court with a particular NEC code section to help the judge/jury understand why I said what I said and to help with their knowledge level of understanding what is required and why. I made no monetary sale or gain from that particular section of the NEC and it was an excerpt and not the NEC in its entirety. That falls within the Fair Use doctrine for using excerpts for educational purposes, and, there is no monetary value gained from that non-sale of that excerpt as that NEC excerpt itself was not sold and therefore was not given a monetary value, even though it made me a more creditable expert and as such added to my value - it was only supporting MY EXPERT OPINION, and it was MY EXPERT OPINION and time which was being sold.
JP: Agreed. But, that is not consistent with the facts surrounding the origin of this conversation.
Someone posted a link to a website that had an old, tired, dusty copy of an ASTM standard resident there. The person who posted that link was merely acting as a search engine. He did not post the ASTM document, nor did he even recommend that the readers of his post go there and read it. In fact, before he posted the link, he recommended that one should purchase a copy of the ASTM doc. How is that copyright infringement? It is not. Period.
Now as to your last comment, the fictitious attorney in question only used experts of the NEC and not the entire document. So then, your analogy breaks down a bit there, when you consider that the attorney in my example used the entire website - not just excerpts - by way of making a point and a buck. Follow so far?
So, if the attorney is OK using an entire body of work by way of proving up his opinion, i.e. "educating" the jury, then why is a home inspector remiss if he uses an entire copy of an ASTM standard to support his opinion in an inspection report?
What's good for the goose . . .:D
A.D. Miller
02-22-2010, 05:05 AM
JP: Additionally, and I did not want to go this far - but was provoked:D - from U.S. Copyright Office - Fair Use (http://www.copyright.gov/fls/fl102.html)
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair (bolding and underlining is mine):
The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted workThe distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.
Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
How do you propose to substantiate your notion that the attorneys in question are using the copyrighted material for nonprofit educational purposes? That, my Flahidian friend, is a stretch of spandexian proportion.:eek:
H.G. Watson, Sr.
02-22-2010, 12:03 PM
Upheld all the time. InterNACHI is the world's largest inspection trade association, operating in 55 countries and nine different languages. Residential and Commercial inspections are our only focus (we aren't into jet fuels :p).
2018 isn't an SOP at all. It is a Scope of Work permission form that requires little, prohibits little, and puts the inspector in the precarious position of providing repair estimates.
Have you read International Standards of Practice for Inspecting Commercial Properties - InterNACHI (http://www.nachi.org/comsop.htm) ?
Yes, the International SOP for Inspecting Commercial Properties is regularly pointed to (in court) as the standard by which inspectors should inspect commercial properties to. Many home inspectors trying to enter the commercial inspection business, erroneously try to apply their residential SOP to a commercial property inspection and get themselves into a jam.
Scott, you are ignorant of the role of our judicial branch. A judge doesn't print off an SOP and nail it to a courthouse wall under a big "Recognized" sign.
More realistically, one party in a commercial property disupute will submit into evidence the International Standards of Practice for Inspecting Commercial Properties as the "industry standard." No argument has ever been proffered that the International Standards of Practice for Inspecting Commercial Properties is anything less than THEE industry standard for inspecting commercial properties, because it is the industry standard, worldwide.
L.E.:
Something isn't "Tested" until it has met and withstood Appellate challenges, and oftentimes further review. How about a Federal District Court? Even one? A single case citation? A single venue? how about a list of more than one - since the claim involved multiple courtS (let alone differing jurisdictions in one state or country) in multiple countries!
I suggest she get a handle on what expert testimony and credentialling is all about.
Peer review, known or potential error rate, existance AND MAINTENANCE of Standards and CONTROLS concerning operation, and the degree to which the technique or standard is GENERALLY ACCEPTED. CONSENSUS and REVIEW - something Nacho doesn't have. Outside auditing, etc. (Oh my Gosh, I read like R.W.!).
I pity the sorry bloke who learns the hard way defending such a "certificate", "credential" or NACHO "standard".
Is it just me, or is the whole Nicko organization tree becoming even more "Kevin Trudeau(sp?)-esque" (the ex-con, self-publishing, infomercial guru who backs many more "front" heads) then ever? Why is it anyone who questions even one bit of obvious overstatement, let alone downright falsehood, be instantly branded some sort of devious troublemaker?
Ms. Lisa or someone needs ONLY SUPPLY THE CITATIONS or RETRACT the erroneous overstatement. These other persons (or alter egos) serve to throw mud and attempt to derail the subject and BURY (e.g. HIDE) the unsupported exageration from Inter-NACHI's "Director of Communication" in more manure.
A short while back some paid advertising for Nacho appeared. I haven't seen it lately. At the very least something not-quite-right with a marketing/communications director posting PUFFING for an organization that SHOULD BE PAYING for the UNSOLICITED ADVERTISING/promotion for Inter-Nachi (N.G., et. al.) on this site.
HG: Wouldn't it be grand if it were so simple with these particular folks?:D
Inter-NACHo's "Director of Communications" is apparently the one "ignorant" of how the court systems work in this (and many other) countries.
A Court doesn't "point to" an outside "standard".
A Court makes "findings" and "rulings".
A "finding" or "ruling" isn't "Upheld" unless it has been subject to an appeal and the "Finding" or "ruling" has been "upheld".
Lisa Endza
02-22-2010, 12:19 PM
I never said otherwise.
Lisa Endza
02-22-2010, 12:24 PM
The point is that International Standards of Practice for Inspecting Commercial Properties - InterNACHI (http://www.nachi.org/comsop.htm) is now THEE international standard for inspecting commercial properties.
Scott Patterson
02-22-2010, 12:39 PM
The point is that International Standards of Practice for Inspecting Commercial Properties - InterNACHI (http://www.gov.bw/) is now THEE international standard for inspecting commercial properties.
Just who says it is the international standards, outside of INACHI?
Lisa Endza
02-22-2010, 12:42 PM
The forklift driver at Inspector Outlet (http://www.InspectorOutlet.com) 's book warehouse.
Ted Menelly
02-22-2010, 01:01 PM
Lisa
Not arguing or picking a fight or denying you of what ever you believe but I do have a few questions
Number one.....How can you even call it the International Standards of Practice for inspecting commercial buildings. To even be called such that means that is is *THE* standard that has been accepted over all others in every country and not just by some of the inspectors.
Number 2.....Who says it is the Standard beside yourself and some inspectors?????
Please do not come back with the court thing. I have scanned and scoured the planet for anything that says that NACHIs standards are the sought after world wide commercial standards for the inspection of commercial buildings or any court finding that based their ruling on *your* standards being followed or more importantly that NACHIs standards were not followed.
I am just not finding it anywhere at all with the exception of some inspectors.
Then we have this thing that there really are no standards as some one else or many someones already brought forward. Many if not most clients I have are interested in particular items for the inspection. There is nothing anywhere that says that I cannot just inspect those items or what I have to or have not to inspect or what I write about them. Again, the question is.........Where do you get your statement from
"is now THEE international standard for inspecting commercial properties."
I am not finding it anywhere besides you on this forum.
Don't get upset or feel bashed or harassed. I would simply like a straight forward answer besides quoting what a few folks on the planet say.
There are no standards that have to be adhered to at all in any state that I know of that says that the commercial inspectors must follow NACHIs commercial inspecting standards and report by those standards and that every inspector must inspect and report on these items.
Just some simple questions that should have very simple, straight forward answers to.
In my state one does not even have to adhere to the ASTM E 2018 in the slightest (but I know it is the somewhat adhered to standard) but is pretty much followed when it comes down to particular items.
I can inspect any item in any commercial building and report on it as I wish (obviously there may be some repercussions but I am sure you get my gist)
Where does it say anywhere in any state guidelines that the INACHI standards have to be adhered to and where in any court system anywhere has someone got penalized for not adhering to the INACHI standards for inspecting commercial standards. One of those has to have happened to be THE ACCEPTED STANDARD
Take each point individually and take your time and look up the info somewhere. I would truly like to know. I am not just being a sharp spear in ones butt. Please, real solid fact filled answers. Why? Because if what you are saying is fact I would like to know for my well being in business. If it is something you and INACHI are out just promoting to get to be the standard then just say so. There cannot be an in-between.
Thanks.
Scott Patterson
02-22-2010, 01:03 PM
The forklift driver at Inspector Outlet (http://woodysfeed.com/) 's book warehouse.
The forklift driver says this is now the international standard?
OK, if you say so. So according to the Forklift driver the INACHI International Commercial Inspection Standard is now the accepted standard that is used by folks around the world.
Can't argue with the forklift driver!
Ted Menelly
02-22-2010, 01:05 PM
The forklift driver at Inspector Outlet (http://www.InspectorOutlet.com) 's book warehouse.
Please
Do not answer my last post like that.
All that was , was a shameless plug for the website. You are starting to make me believe that everything you posted here is a plug for INACHI and if it is bring it to Brian's attention for advertising fees.
Lisa Endza
02-22-2010, 01:07 PM
No, it was merely to reinforce my previous assertion that International Standards of Practice for Inspecting Commercial Properties - InterNACHI (http://www.nachi.org/comsop.htm) is by far our best selling book, worldwide. We sell and ship pallets of them every month.
Ted Menelly
02-22-2010, 01:31 PM
No, it was merely to reinforce my previous assertion that International Standards of Practice for Inspecting Commercial Properties - InterNACHI (http://www.nachi.org/comsop.htm) is by far our best selling book, worldwide. We sell and ship pallets of them every month.
Yet another shameless plug for INACHIs businesses.
Seriously. That is all you ever do when you come on here. Isn't that what there is paid advertising on here for. Get with the program and stop with the relentless no reply, plug, plug, plug answers. We are not a bunch of brain dead fools. Try it some where else. Come out of the fog. Open a window or something.
Scott Patterson
02-22-2010, 02:16 PM
Yet another shameless plug for INACHIs businesses.
Seriously. That is all you ever do when you come on here. Isn't that what there is paid advertising on here for. Get with the program and stop with the relentless no reply, plug, plug, plug answers. We are not a bunch of brain dead fools. Try it some where else. Come out of the fog. Open a window or something.
Ted, they are paying for advertisements on this website.... You can click on the ad and it takes you to their site, you should try it... :) They also have some paid placement Google ads that you can click on as well.
Ted Menelly
02-22-2010, 02:45 PM
Ted, they are paying for advertisements on this website.... You can click on the ad and it takes you to their site, you should try it... :) They also have some paid placement Google ads that you can click on as well.
I know that. That is why I said "Isn't that what there is paid advertising on here for"
They are already paying for advertising on here so let it be as it is. The only reason she keeps it up is for the direct hits back to there business pages. To play it up as much as possible she acts like a valley girl that does not understand and continues to do the same repeated act.
They are now advertising that all their online courses are now accepted as by Texas for CEUs which is hard enough to believe by I am about to check it out. Did you notice I am not using their name for another shameless plug.
Mark Howe
02-22-2010, 03:17 PM
asafg
Scott Patterson
02-22-2010, 05:45 PM
asafg
OK, I will ask.... What does it mean?
Mark Howe
02-22-2010, 06:39 PM
OK, I will ask.... What does it mean?
Nothing. Just rolled my fingers on the keboard because you have to have at least 5 letters for the post to take. I didnt like the tone of my OP and took it down, but you have to have something in there.
Joe Klampfer
02-27-2010, 12:29 PM
The forklift driver at Inspector Outlet (http://www.InspectorOutlet.com) 's book warehouse.
And here I was expecting you to come back with a cite for Scott's request. Since you haven't (or can't) your response above has just blown any credibility I thought you might have had.
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