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Legislation, Licensing & Legal Issues for Inspectors Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Inspectors from all associations welcome.

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  #31  
Old 4/14/08, 1:00 AM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
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Default Re: 980 Questions/Answers to the NHIE....Free!

Quote:
Originally Posted by dedwards
Dan,
I purchased a CD off the INTERNET in 2005 that was supposed to be a study with sample questions off the NHIE. Costs me $19 and got to me in a couple days.
  • I did it to prove to someone who didn't believe such a CD even existed and that is was readily available.
I went through it and in fact many of the questions were strictly code questions that had absolutely nothing to do with home inspections.

The majority of those questions dealt with construction applications and "how" to build something rather than what it's purpose was.

One in particular that stands out was doing concrete estimation. There were others on fasteners, etc. I wish I had my $19 back as I had nor have any intention of using it. Ive heard from several other sources that there is always a lot of code type questions on the NHIE or whatever the name is this year.

In fact I had one fella tell me that if you study just the code Check books you can squeek through the test.
I bought the EXPENSIVE Carson Dunlop / ASHI course and the LESS expensive Roy Newcomer "American Home Inspector's Training Institute" study program and I sailed through the test!


All I really needed was the Roy Newcomer course!



Signed, Frank Carrio, CMI
Certified Master Inspector & Consultant
Certified Commercial Building Inspector
Certified, WDI Inspector
Founder & Current President, New Hampshire State Chapter NACHI
NACHI, State Representative for Legislative Affairs
Retired: ICC Certified Member
Retired: Code Compliance Inspector.
Retired: ASTM Committee Member
New Hampshire License #0096

Last edited by fcarrio; 4/14/08 at 1:27 AM..
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  #32  
Old 4/14/08, 1:06 AM
Nick Gromicko's Avatar
Nick Gromicko Nick Gromicko is offline
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Default Re: 980 Questions/Answers to the NHIE....Free!

http://www.nachi.org/examsthatharm.htm



Nick Gromicko, Certified Master Inspector

Find a Home Inspector
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  #33  
Old 4/16/08, 1:05 PM
Jeff Orcas Jeff Orcas is offline
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Default Re: 980 Questions/Answers to the NHIE....Free!

When you buys test prep questions off the internet or eBay there is no guarantee of how accurate they are. Most of these companies are doing the same things for a lot of industries and add like questions.

Tests in a proctored environment are a filtering mechanism. I have designed a few in my previous life and it is hard to recreate real world circumstances. However they do set a benchmark and are way better then internet tests that can be passed by children and dogs.

As far as using 980 questions to prep for the NHIE, I think thats great and you will probably see some of those on the real test. As to which ones that is for the candidate to find out.

If I was a new home buyers and I had to choose between someone who took a national recognized, psychmetrically valid test and one that I could take repeatedly until I got it right, that would be an easy decision

Jeff
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  #34  
Old 4/16/08, 3:01 PM
Doug Edwards,  CMI's Avatar
Doug Edwards, CMI Doug Edwards,  CMI is offline
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Default Re: 980 Questions/Answers to the NHIE....Free!

I will agree with you up to a point. I do not think too many are saying tests are not a valuable tool, however, many are saying the NHIE is not "the" test to end all tests due to the facts that it is in many ways not germane to the Home inspection world especially if it is loaded with code questions and matrix type questions. When I was flying we were tested twice annually (once in-house and the other from the Fleet evaluators), one open book test and one closed book plus a check ride each time. Those tests were never the same twice in all the years and tests I took, you could not take the test over and over until you passed. If you failed either test (3.5 and 3.3 respectively) you were grounded and went on "stupid study" and had so many days before you were tested again. If you failed again you were looking for a new job. The online tests are generated new each time as well. If 200 of us were to take the test right now, each one would be different from the others. We did the same thing when I was teaching and testing aviators. I had to generate the questions in the bank as well as practice quizzes every week. By the time anyone came due to take their annuals, if they had been practicing on the tests and quizzes they could go through the exams blindfolded. As a test writer and course curriculum developer we learned on day one the most important thing about testing was that tests were not an indication of a students intelligence so much so as to be used as a learning "tool". Too many factors can skew tests results, especially if the test is on materials not germane or pertinent to the course material. This is called the terminal objective. Loading a test with garbage or unrelated filler questions to create a test that is hard just to be hard does not (1) test the individual on their knowledge required to perform the duties or job they are applying for (2) creates a test suspect of ulterior motives.(i.e. taking a test that costs significant money to keep taking, thus creating additional moneys for the test owners). Looking at the practice tests disk questions i witnessed extremely poorly written questions, many with no correct answer but some with distractors that were "more correct than others". No one would think of administering a test for dentists to a room full of doctors even though they are both in related fields of medicine. In most States they forbid or bar Home inspectors from even using the word "code"; therefore, it is incongruous for them to then be tested on code in order to go to work.

Found this just today

http://passingpsychometrictests.blogspot.com/

Last edited by dedwards; 4/16/08 at 7:49 PM..
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  #35  
Old 4/16/08, 3:28 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: 980 Questions/Answers to the NHIE....Free!

Quote:
Originally Posted by Jeff Orcas
When you buys test prep questions off the internet or eBay there is no guarantee of how accurate they are. Most of these companies are doing the same things for a lot of industries and add like questions.

Tests in a proctored environment are a filtering mechanism. I have designed a few in my previous life and it is hard to recreate real world circumstances. However they do set a benchmark and are way better then internet tests that can be passed by children and dogs.

As far as using 980 questions to prep for the NHIE, I think thats great and you will probably see some of those on the real test. As to which ones that is for the candidate to find out.

If I was a new home buyers and I had to choose between someone who took a national recognized, psychmetrically valid test and one that I could take repeatedly until I got it right, that would be an easy decision

Jeff
Jeff, you are denying the reality that your test is for sale on the internet.

Show me a dog who can operate a mouse, boot up a computer, read and properly respond to an on-line test....and I will gladly allow that dog to inspect my house.

He is obviously smarter than you in that your condemnation of an online test is based strictly upon what some testers can do without having any idea as to what they actually do.

By the way, I have closely read every state law regarding home inspectors and have yet to find one that prohibits dogs. In fact, the majority of these areas have been licensing dogs long before home inspectors....with a much better result.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.

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  #36  
Old 4/16/08, 10:24 PM
William J. Decker's Avatar
William J. Decker William J. Decker is offline
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Default Re: 980 Questions/Answers to the NHIE....Free!

Quote:
Originally Posted by jhagarty
Nationally Recognized as the ASHI Exam. Always was...Always will be.

Define "psychmetrically valid".....

That's "psycometrically", with emphasis on the "psycho"



Will Decker, CMI
ILL License # 450.0002240
Board Certified Master Inspector
Decker Home Services, LLC
Chicago and Northern Suburban Home Inspections
Office: (847) 676-8393
Cell: (847) 609-2345
Home: (847) 673-2702

wjd@DeckerHomeServices.com
www.DeckerHomeServices.com

Learn, Educate, Serve and have fun doing it!
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  #37  
Old 4/16/08, 10:47 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: 980 Questions/Answers to the NHIE....Free!

[IMG]file:///C:/DOCUME%7E1/COMPAQ%7E1/LOCALS%7E1/Temp/moz-screenshot-3.jpg[/IMG]
Quote:
BARNES &THORNBURG LLP
Suite 4400
One North Wacker Drive
Chicago, IL 60606-2833 U.S.A.
(312) 357-1313
Fax (312) 759-5646

Melissa A. Vallone
(312) 214-8314 www.btlaw.com
mvallone@btlaw.com

April 16, 2008

VIA EMAIL, FACSIMILE and REGISTERED MAIL
James H. Bushart P.O. Box 0062
High Hill, MO 63350-0062

- Jbushart267@charter.net jirnbushart(dhotrnai1.com
801-807-2167 (fax)

Re: National Home Inspector ExaminationlBoard of
Professional Home Inspectors, Inc. — Infringement of NHIE
Copyright

Our File No. 38912-100

Dear Mr. Bushart:

We represent the Examination Board of Professional Home Inspectors, Inc. (“EBPHI”). As you know EBPHI owns and provides the National Home Inspector Examination (“NHIE”) for a fee. The NHIE is developed, maintained and administered to accepted psychometric standards for a high-stakes, public protection examination, including those recommended by various licensing and certification associations.

EBPHI has taken great measures to protect the confidentiality and proprietary nature of the NHIE Exam. In addition, the NHIE is the subject of a U.S. Copyright registration.

We recently became aware that you have advertised on an InterNACHI message board that you have 980 questions and answers to the NHIE and that you are willing to distribute them. We attach a copy of your message board printout for your reference.

The copyright for the NHIE and all associated materials are owned by EBPHI. Your offer to copy, distribute and display the alleged NHIE constitutes willful copyright infringement, as well as tortious interference and unfair competition. Your admissions of copying and distributing the alleged NHIE support a claim of willful copyright infringement. You have confirmed that you had access to the copyrighted work, that it is
- an identical copy of the copyrighted work and that you openly offer the NHIE test for anyone who emails you. Under the applicable United States Copyright Laws, willful copyright infringement carries severe economic penalties and possible criminal penalties.

James H. Bushart
April 16, 2008
Page 2

In addition, you claim that you received the complete copy of the NHIE test as a free bonus when you bought some practice questions for the ICC Exam. You also offer to provide proof that the test has been compromised.

We are requesting that you provide us with such proof and the details of the entity or individual that allegedly provided you with a complete copy of the NHIE. As you know, EBPHI and its test administrators exercise extreme caution in preventing the copying, distribution, display or breach of the confidentiality of the NHIE test.
We demand the following:
1) A complete copy of the NHIE test questions which you claim to have;
2) The immediate destruction of all copies of the NHIE test questions which you claim to have;
3) Identifying information of the individuals who provided you with the alleged copy of the NHIE test questions; and
4) Immediate posting of the following message on the InterNACHI message board and any other place where you have published this information:
“Copies of the NHIE test will not be distributed. The NHIE test is the property of the Examination Board of Professional Home Inspectors, Inc. (“EBPHI”) and is subject to copyright protection. I acknowledge that the NHIE test is not public domain material.”
We are in need of your written agreement to these demands within the next five (5) business days, on or before April 23, 2008. If we do not receive your response by the end of this period, we will take all necessary steps to fully protect EBPHI’s intellectual property and to enforce its rights.

Very truly yours,

BARNES & THORNBURG
Melissa A. Vallone
MAV/clb

Attachment
cc: Examination Board of Professional Home Inspectors, Inc.
CHDSOI MAV4600I3vI
With this, they attached 52 pages consisting of a copy of this thread.....which NACHI owns the copyright on and did not give them permission to publish for their business use.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.

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  #38  
Old 4/16/08, 11:00 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: 980 Questions/Answers to the NHIE....Free!

Quote:
Originally Posted by jhagarty
The EBPHI has always suggested that their test is secure and beyond reproach.

By sending you such correspondence, are they suggesting that the 980 Questions offered For Sale on EBAY are actually related to their exam?

Hmmmm....
Apparently so. This is a surprising admission.

What if I had made the whole thing up to see if they would publish this admission?

What if there were no 980 questions at all? Just this letter from them?

Wouldn't that be interesting?



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.

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  #39  
Old 4/16/08, 11:04 PM
William J. Decker's Avatar
William J. Decker William J. Decker is offline
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Default Re: 980 Questions/Answers to the NHIE....Free!

Quote:
Originally Posted by jbushart
[IMG]file:///C:/DOCUME%7E1/COMPAQ%7E1/LOCALS%7E1/Temp/moz-screenshot-3.jpg[/IMG]
With this, they attached 52 pages consisting of a copy of this thread.....which NACHI owns the copyright on and did not give them permission to publish for their business use.
Not to slam or disagree with your initial premise, Jim.

You posted their "copyrighted" material on the NACHI board (which is itself, copyrighted) so their claim has some merit and supercedes any NACHI copyright (per my lawyer, whos is based in Chicago and knows this firm).

I would not take their letter lightly. You did do what they claimed you did.

If I were you, I would consult a lawyer.

They may not prevail, in court, but they could cost you (and NACHI) some pretty hefty legal fees.

Again, not trying to slam you. Just trying to help.



Will Decker, CMI
ILL License # 450.0002240
Board Certified Master Inspector
Decker Home Services, LLC
Chicago and Northern Suburban Home Inspections
Office: (847) 676-8393
Cell: (847) 609-2345
Home: (847) 673-2702

wjd@DeckerHomeServices.com
www.DeckerHomeServices.com

Learn, Educate, Serve and have fun doing it!
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  #40  
Old 4/16/08, 11:05 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: 980 Questions/Answers to the NHIE....Free!

Quote:
Originally Posted by wdecker
Not to slam or disagree with your initial premise, Jim.

You posted their "copyrighted" material on the NACHI board (which is itself, copyrighted) so their claim has some merit and supercedes any NACHI copyright (per my lawyer, whos is based in Chicago and knows this firm).

I would not take their letter lightly. You did do what they claimed you did.

If I were you, I would consult a lawyer.

They may not prevail, in court, but they could cost you (and NACHI) some pretty hefty legal fees.

Again, not trying to slam you. Just trying to help.
Will, please give me the post number that contains copyrighted material.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.

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  #41  
Old 4/16/08, 11:35 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: 980 Questions/Answers to the NHIE....Free!

You see, Will...

I could just as easily say that I have on my desk a jar of teeth belonging to a certain lawyer who works on Wacker Drive in Chicago....and that these teeth came into my posession when an ambulance slammed on its brakes and I happened to be standing nearby when the lawyer slammed into the rear of it. I could then offer to send a single tooth to anyone who would like to have one.

People can post lots of things.

For instance, the testing material that I have does not actually say "NHIE" on it. It says "Questions and Answers from the ASHI NAHI Test". Perhaps ASHI and NAHI are using a different test these days, and I simply made an honest mistake in interpreting that as such.

I wonder if they are still monitoring this thread.

I am carefully considering all of my options but I can assure you that hiring a lawyer is not one of them.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.


Last edited by jbushart; 4/17/08 at 12:40 AM..
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  #42  
Old 4/17/08, 12:20 AM
Joe Farsetta's Avatar
Joe Farsetta Joe Farsetta is offline
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Default Re: 980 Questions/Answers to the NHIE....Free!

Will,

Seems that EBPHI's beef would/should be with who SOLD the exam, not te fact that Jim purchased it. Come to think of it, he didnt actually purchase these questions, as he purchased ANOTHER set of questions, and these came for free. Kind of like free french fries with the burger.

I also dont recollect seeing any copywritten material in Jim's post, nor did I see an offer to distribute these questions to anyone other than a State representative, involved with licensing, who may be interested in seeing that the test was comprimised.

I dont recall any cases where someone was convicted of making a claim. I dont recall any cases where copyright infringement was proven until said infringement actually took place and proof was presented.

Tell them to go fish in another pond, or chase those who purport to sell these questions on the Internet.
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  #43  
Old 4/17/08, 12:44 AM
Scott Gilligan,  CMI's Avatar
Scott Gilligan, CMI Scott Gilligan,  CMI is online now
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Default Re: 980 Questions/Answers to the NHIE....Free!

Quote:
Originally Posted by jbushart
Jeff, you are denying the reality that your test is for sale on the internet.

Show me a dog who can operate a mouse, boot up a computer, read and properly respond to an on-line test....and I will gladly allow that dog to inspect my house.

He is obviously smarter than you in that your condemnation of an online test is based strictly upon what some testers can do without having any idea as to what they actually do.

By the way, I have closely read every state law regarding home inspectors and have yet to find one that prohibits dogs. In fact, the majority of these areas have been licensing dogs long before home inspectors....with a much better result.
Too Funny!!! Took me a little while to stop laughing at that one.
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  #44  
Old 4/17/08, 12:55 AM
Christopher Currins's Avatar
Christopher Currins Christopher Currins is offline
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Default Re: 980 Questions/Answers to the NHIE....Free!

Better be careful. They threatened to sue me just for having their logo on my web site. On the grounds that it was misrepresenting that they certified me. Even though I have one of their famous "certificates" thats says "I have demonstrated competence in knowledge, understanding and application of home inspection practice by by successfully completing the NHIE" So apparently it doesn't mean very much.



Christopher Currins
Certified, Licensed

Proudly serving the Illinois Metro-East

Illinois Home Inspector

Top 5 Tasks for January
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  #45  
Old 4/17/08, 1:01 AM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
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Default Re: 980 Questions/Answers to the NHIE....Free!

Quote:
Originally Posted by Jeff Orcas
When you buys test prep questions off the internet or eBay there is no guarantee of how accurate they are. Most of these companies are doing the same things for a lot of industries and add like questions.
That is true!
Anyone can "claim" that their questions are on the NHIE. That being said, the people who wrote the NHIE did not "invent" any new questions.


When I took the EBPHI version of the NHIE {as opposed to the original ASHI test} I noticed that I was familiar with and already knew the majority of the questions and answers on this examination.

Where did I get the questions and answers? From the Carson Dunlap and the Roy Newcomer "home study series".

In my opinion, many of the questions had simply been "reworded" from these two study guides and from the ICC codes books.

The NHIE did not reinvent the wheel, they just jumped on the bandwagon.

Tests in a proctored environment are a filtering mechanism. I have designed a few in my previous life and it is hard to recreate real world circumstances.
Since you are "credible" I guess we will just have to take your word on this now won't we?

However they do set a benchmark and are way better then internet tests that can be passed by children and dogs.
Oops ...... there goes your "credibility"!
  • Why would you make such an asinine statement?
Supposedly some ASHI home inspector who has an 11-year-old daughter let her take the online NACHI test and she passed without any "coaching"
  • Then supposedly he let his dog take the NACHI test and the dog also passed.
Now since you have been stupid enough to post this garbage on our message board.... I ask you ....... what "dog" is smart enough;
1. to start a computer.

2. Operate a mouse.

3. Get online to the Internet.

4. "Register" with a name address and phone number.

5. Take the online examination.

6. Answer structural questions.

7. Answer electrical questions.

8. Answer mechanical /furnace and boiler questions.

9. Answer HVAC questions.

10. Answer roofing questions.

11. Answer plumbing questions.

12. Answer grading and drainage questions.

  • The list goes on and on.
Oh...... and I forgot be able to communicate in English language.

As far as using 980 questions to prep for the NHIE, I think thats great and you will probably see some of those on the real test. As to which ones that is for the candidate to find out.

If I was a new home buyers and I had to choose between someone who took a national recognized, psychmetrically valid test
The NACHI exam is a psychometrically valid and legally defensible nationally recognized examination.

NACHI offers it online and free and also offers it "Proctored" in community colleges across the nation.

and one that I could take repeatedly until I got it right, that would be an easy decision
Jeff
Jeff,
It is apparent you have not taken the on-line NACHI test.


If you had You would know That you can take it 100, or 200 times And each and every time it is a DIFFERENT test!


Your asinine statement about children and dogs taking and passing the NACHI test have destroyed your credibility!


Take your lies and innuendo somewhere else!



Signed, Frank Carrio, CMI
Certified Master Inspector & Consultant
Certified Commercial Building Inspector
Certified, WDI Inspector
Founder & Current President, New Hampshire State Chapter NACHI
NACHI, State Representative for Legislative Affairs
Retired: ICC Certified Member
Retired: Code Compliance Inspector.
Retired: ASTM Committee Member
New Hampshire License #0096
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