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I cannot find a Prohibition on Advertising for Mold Testing in Florida  XML
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Nathan
King
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Joined: 06/17/2014 09:32 PM EDT
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Location: Carmel, IN
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Here comes some Florida Controversy

I've gained a new respect for the Florida Mold Assessor's License over the last several days. Between reading up on it, calling the DBPR, talking to some of my favorite inspectors in The Sunshine State, and talking to professional assessors there as well, I've come a long way in understanding the statutes, the practices, and where some of the false statements being spread around come from. Prior to now, I saw the license as mere protectionism and didn't truly understand what it was for, and I was wrong. A Mold Assessors license is incredibly important in Florida, and it may be the most sensible legislation on these issues I've ever seen anywhere.

Here is the purpose of the Mold Assessor's License as I have come to understand it:

To properly assess mold issues where the issues are anything but minor and ensure that the remediation of these issues is done in such a manner that both people and property are protected in the process and beyond.

It's an incredibly important statement when you think about it and you look at the demographics of Florida. With many elderly citizens especially, the aftermath of a botched Mold Remediation could be actually deadly, so Florida put in place statutes to make sure that consumers were protected- not by protecting mold testing professionals from competition, but by making sure that truly qualified professionals with credentials and insurance were involved where it counts.

Before the freakout ensues...a couple of questions and answers:


Is Nathan Thornberry supportive of licensing and standards?

Absolutely. Not only is it good for the consumer, it makes my marketing easier by giving me a hit list. I have every interest in licensing, both philosophically and financially. If we could deploy a "mold testing license" everywhere, I would spend money getting it done.


Is Nathan Thornberry against mold assessors?


No, I am for them. I have a new and renewed respect for them, but we need to drop the arguments that aren't backed up by statute and promote the assessor's license for what it is.



Bottom line, I cannot find any prohibitions for simple mold testing and I'm not the only one- I called DBPR to go through their regulations with them, and I have a nice little recording of them agreeing with my assessment and saying the following:

Me: "In that mold related services and licensing [statute], there's a definition for "mold assessors", and it talks about how it..to be very specific I'll read exactly the line it says a "mold assessment" is any..."

DBPR: "I'm reading it too"

Me: "Okay so you got part number 3 there, "a process performed by a mold assessor" that includes the physical sampling etc. of mold growth of greater than 10 square feet and a "mold assessor" means any person who performs or directly supervises a mold assessment"

DBPR: "Mm hm"

Me: "So, is there any regulation at all for any mold issue where it is less than 10 square feet, because this seems to say we're regulating over 10 square feet, that's where we are at, if you're doing a mold [test] of anything under 10 square feet, by definition, you aren't doing a mold assessment, is that a fair statement?"

DBPR: "That is a fair statement, that's what the Florida Statute Says."



By "Part Number 3" I referenced above, I am referring to the definitions in the Florida Statute here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0468/Sections/0468.8411.html


I have gone through every word of Mold Related Activities statutes, Home Inspector statutes, discussed the issues with counsel, and I have not found anything that would prohibit an inspector (or any of the other 19 million inhabitants of Florida for that matter) from advertising to do Mold Testing, even as a standalone service, so long as they followed the following guidelines:

1. Where there is evidence or visible mold greater than 10 square feet, you must walk away and refer the job to a Licensed Mold Assessor.
2. Your advertising must not imply that you are a "licensed mold assessor" or anything with the word "assessor" in it, so I would suggest you outright say the opposite in all advertising (see my disclosure statement below).


A bit of background on this for those outside of Florida that are lost:

Florida has a License for "Mold Assessors", and in the marketplace we have had a lot of misinformation spread about what that means and does not mean. Some have indicated erroneously that this is a substitute name for "Mold Tester", which it is not, and the State of Florida very specifically does NOT regulate mold testing but rather defines parameters for what it calls "Mold Assessment" when mold is evident in a quantity of greater than 10 square feet (and needs serious remediation). The State makes no statements regarding spores in the air or hidden/unknown molds, advertising for mold testing, what kind of mold testing can be done when visible mold is either not present or under 10 square feet, or otherwise and if anyone tries to tell you they do...have them show you the regulations. There are inspectors (many of them) reporting other inspectors and they can't figure out why DBPR isn't going after them at all...well, the regulations don't say they're doing anything wrong. Those regulations can all be found here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0400-0499/0468/0468PARTXVIContentsIndex.html

Now here is my suggestion for advertising MOLD TESTING in Florida:


Very clear and conspicuously on your website or any media where an advertisement is made, state the following:

[Company Name] offers Mold Testing only, where evident mold is less than 10 square feet. In homes and structures where mold is evident in an amount of 10 square feet or more, we can refer you to a local, Licensed Mold Assessor. [Company Name] is not a Licensed Mold Assessor and makes no representations that [Company Name] is licensed in any way for Mold Assessment, developing Protocols, or advising on Mold Remediation in any way nor is [Company Name] registered for Mold Testing with the State of Florida, as Mold Testing where less than 10 square feet of mold is evident is not regulated in any way and no License for this activity currently exists. Be Advised: If [Company Name] discovers in the course of any testing mold in excess of 10 square feet, a trip fee of [$] will be assessed and we will not perform any further analysis nor send any samples to a lab for analysis nor will we advise on your mold conditions any further.


I think that should about do it- I may post an update to this disclosure from time to time so look for that.

UPDATE: Exemption for licensed home inspectors performing assessments found here: http://www.flsenate.gov/Session/Bill/2011/0849 and the disclosure statement above should be replaced now with this:

[Company Name] offers Mold Testing only, where evident mold is less than 10 square feet. In homes and structures where mold is evident in an amount of 10 square feet or more, we can refer you to a local, Licensed Mold Assessor where no Home Inspection is being performed. [Company Name] is not a Licensed Mold Assessor and makes no representations that [Company Name] is licensed in any way for Mold Assessment, developing Protocols, or advising on Mold Remediation in any way nor is [Company Name] registered for Mold Testing with the State of Florida, as Mold Testing where less than 10 square feet of mold is evident is not regulated in any way and no License for this activity currently exists. Licensed Mold Assessors have to take required courses and maintain insurance under the laws of the State of Florida that Mold Testers for homes with less than 10 square feet of evident mold or Licensed Home Inspectors operating under the statutory exemption are not required to have. Be Advised: If [Company Name] discovers in the course of any testing without a paid home inspection being performed as a licensed home inspector mold in excess of 10 square feet, a trip fee of [$] will be assessed and we will not perform any further analysis nor send any samples to a lab for analysis nor will we advise on your mold conditions any further.




This message was edited 2 times. Last update was at 09/03/2016 03:40 PM EDT


P. Nathan Thornberry
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sknudson
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Joined: 07/02/2014 03:30 AM EDT
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We should do this for every state so there is no confusion on the home inspectors side.

Scott Knudson
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gbell
I'm on a yacht.
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Joined: 07/06/2014 06:35 AM EDT
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Gerry Beaumont was instrumental in having that in the statue.

Best Home Inspection

Serving Central Florida since 2000

www.bestinspects.com
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Nathan
King
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Joined: 06/17/2014 09:32 PM EDT
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Location: Carmel, IN
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After hundreds and even over 1,000 views today of this including a lot of Floridian inspectors, suddenly no one is refuting this.

Weird

P. Nathan Thornberry
www.Nathan.tv
Take Your Career to the Next Level > https://youtu.be/hdBCJbl5byo
The #1 Vendor in Real Estate & Home Inspection
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www.RWSwarranty.com
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www.RecallChek.com
www.InspectorLab.com
www.InspectionSuperConference.com

Find a Certified Inspection Expert exclusively at www.InspectionCentral.net
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Nathan
King
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Joined: 06/17/2014 09:32 PM EDT
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Location: Carmel, IN
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UPDATE!

There is another piece of legislation you can find here:

http://www.flsenate.gov/Session/Bill/2011/0849

Read the PDF of the Bill, which as you can see was signed off by the Governor of Florida. It in no uncertain terms exempts home inspectors from Mold Assessor license requirements, but does not specifically go against the advertising restrictions on representing one's self as an "Assessor", and in light of this I am modifying the disclosure statement I am suggesting above BUT just to make sure we are not in any way even close to violating any statutes I am adding some verbiage to suggest that, in the spirit of the law, home inspection services being performed by a licensed home inspector to whom the exemption applies must be performed in order to perform mold testing under the exemption in the case of over 10 square feet of mold being present - just to be on the safe side.

Thanks Nick Gromicko for going through this with me and his efforts in getting this through. It was a huge potential pitfall for inspectors- imagine having your license in jeopardy because there was 10.1 square feet of mold visible in the home? That wouldn't be right and it can't happen now.


P. Nathan Thornberry
www.Nathan.tv
Take Your Career to the Next Level > https://youtu.be/hdBCJbl5byo
The #1 Vendor in Real Estate & Home Inspection
www.InspectionSuccess.net
www.RWSwarranty.com
www.InspectorServicesGroup.com
www.RecallChek.com
www.InspectorLab.com
www.InspectionSuperConference.com

Find a Certified Inspection Expert exclusively at www.InspectionCentral.net
Get your E&O Insurance at 20%+ off your current rates at www.RWSinsurance.com
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Nick Gromicko
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Joined: 09/03/2016 08:25 PM EDT
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Thanks Nick Gromicko for going through this with me and his efforts in getting this through. It was a huge potential pitfall for inspectors- imagine having your license in jeopardy because there was 10.1 square feet of mold visible in the home? That wouldn't be right and it can't happen now.


P. Nathan Thornberry


You're welcome Nathan.

I have a 3-step lobbying system: First I try to get the legislators to do the right thing. If that doesn't work, I bribe them (Ooops, I mean I donate to their re-election campaigns). If that doesn't work, I sue them (like I am in Kentucky right now). One way or the other, InterNACHI gets what it wants for the inspection industry.

Anyway, every home inspector in Florida is free to offer mold inspection services and InspectorLab is a great place to get your lab work done.

This message was edited 2 times. Last update was at 09/03/2016 08:35 PM EDT

Nathan
King
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Joined: 06/17/2014 09:32 PM EDT
Messages: 5221
Location: Carmel, IN
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Nick Gromicko wrote:
Thanks Nick Gromicko for going through this with me and his efforts in getting this through. It was a huge potential pitfall for inspectors- imagine having your license in jeopardy because there was 10.1 square feet of mold visible in the home? That wouldn't be right and it can't happen now.


P. Nathan Thornberry


You're welcome Nathan.

I have a 3-step lobbying system: First I try to get the legislators to do the right thing. If that doesn't work, I bribe them (Ooops, I mean I donate to their re-election campaigns). If that doesn't work, I sue them (like I am in Kentucky right now). One way or the other, InterNACHI gets what it wants for the inspection industry.

Anyway, every home inspector in Florida is free to offer mold inspection services and InspectorLab is a great place to get your lab work done.


I'll take it

http://www.InspectorLab.com

InterNACHI members get 5 FREE lab fees from InspectorLab - in 2.5 years we have grown to be the second largest lab in the Inspection Industry and within 12 months we are projected to be the largest and not by a little bit

http://internachideals.com/#InspectorLab

The lowest fees + the only app + the only guarantee + the best report + the best inspectors = AWESOME

P. Nathan Thornberry
www.Nathan.tv
Take Your Career to the Next Level > https://youtu.be/hdBCJbl5byo
The #1 Vendor in Real Estate & Home Inspection
www.InspectionSuccess.net
www.RWSwarranty.com
www.InspectorServicesGroup.com
www.RecallChek.com
www.InspectorLab.com
www.InspectionSuperConference.com

Find a Certified Inspection Expert exclusively at www.InspectionCentral.net
Get your E&O Insurance at 20%+ off your current rates at www.RWSinsurance.com
[Email] [WWW]
Nathan
King
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Joined: 06/17/2014 09:32 PM EDT
Messages: 5221
Location: Carmel, IN
Online

Bump! Apparently still some confused on this one in Florida.

P. Nathan Thornberry
www.Nathan.tv
Take Your Career to the Next Level > https://youtu.be/hdBCJbl5byo
The #1 Vendor in Real Estate & Home Inspection
www.InspectionSuccess.net
www.RWSwarranty.com
www.InspectorServicesGroup.com
www.RecallChek.com
www.InspectorLab.com
www.InspectionSuperConference.com

Find a Certified Inspection Expert exclusively at www.InspectionCentral.net
Get your E&O Insurance at 20%+ off your current rates at www.RWSinsurance.com
[Email] [WWW]
Roy Lewis
RockStar!
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Joined: 07/01/2014 08:26 AM EDT
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I just don't want to mess with it.

I have a question for you.
If you find mold in your home wouldn't you just have it removed?
If yes! Why have it tested to prove it is mold.
If it look like mold it probably is.

1stproinspection.com
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Nathan
King
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Joined: 06/17/2014 09:32 PM EDT
Messages: 5221
Location: Carmel, IN
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Roy Lewis wrote:I just don't want to mess with it.

I have a question for you.
If you find mold in your home wouldn't you just have it removed?
If yes! Why have it tested to prove it is mold.
If it look like mold it probably is.


I completely agree with you if the home is currently owner occupied. Within the confines of the real estate transaction where we all play, we are delivering answers.

P. Nathan Thornberry
www.Nathan.tv
Take Your Career to the Next Level > https://youtu.be/hdBCJbl5byo
The #1 Vendor in Real Estate & Home Inspection
www.InspectionSuccess.net
www.RWSwarranty.com
www.InspectorServicesGroup.com
www.RecallChek.com
www.InspectorLab.com
www.InspectionSuperConference.com

Find a Certified Inspection Expert exclusively at www.InspectionCentral.net
Get your E&O Insurance at 20%+ off your current rates at www.RWSinsurance.com
[Email] [WWW]
 
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