ASHI Leaders Admit "Licensing Solves Nothing"

[James H. Bushart]

In the following article, under the guise of "ranking" states that have licensing laws as to who comes the closest to fitting their particular model --- ASHI leaders have unwittingly demonstrated for all to see exactly how ineffective and wasteful these laws have been.

Using their model (which, coincidentally happens to mirror many of their entry requirements) as an arbitrary "goal", they have illustrated how the majority of states with legislation have failed to qualify their home inspectors to the basic minimum acceptable standard of something as simple as ASHI membership.

Out of 32 different sets of state laws, they can only recommend five (5) of them.

Here is a copy of their generic press release. See for yourself:

Where Does Your State Rank-the Best and Worst Home Inspection Regulation Laws


RISMEDIA, Jan. 7, 2008-Later this month, when state legislators in Florida, Pennsylvania and California reconvene for the 2008 session, they may want to take a close look at the American Society of Home Inspectors (ASHI) 2007 state ranking of the best and worst home inspection regulation laws in the United States. In the last 10 years, 28 states have enacted some form of home inspection regulation. Many wonder, however, if these laws are enough to protect the interests of consumers.


“Florida is the latest state to regulate home inspection,” said Frank Lesh, 2007 ASHI president. “We wonder why lawmakers would enact a law that does not require home inspectors in the state of Florida to take and pass a valid psychometric examination or adhere to standards of practice?”

ASHI’s 2007 position statement includes a recommendation that states authorize a sunrise review by a neutral public agency to determine the need, costs, benefits and alternatives to the proposed regulations prior to adoption. This is in addition to ASHI’s 2006 provision to evaluate whether laws as drafted are enforceable.


Pennsylvania, for example, was ranked fifth on ASHI’s 2005 list but dropped dramatically in 2006 and 2007 because the state’s “inspector experience” requirement as stated was not enforceable. California has been ranked dead last for two years because several of its provisions — including its “prohibited acts” provision, which outlines an inspector’s code of ethics — cannot be enforced.


ASHI’s 2007 State Rankings
Below are ASHI’s 2007 rankings of state regulations governing the home inspection industry from best to worst:

1. Louisiana
2. New Jersey
3. Arizona
4. Texas
5. Massachusetts
6. Connecticut/North Carolina
8. Arkansas
9. Indiana
10. Rhode Island/West Virginia
12. South Dakota/Tennessee
14. Mississippi
15. Virginia
16. Wisconsin
17. Oklahoma
18. Kentucky
19. Alaska/Illinois
21. Alabama/Oregon/New York
24. Maryland
25. Nevada
26. Florida
27. Pennsylvania
28. South Carolina
29. Montana
30. North Dakota
31. Georgia
32. California


Note: Rankings are based upon the overall grading of states with existing laws regulating home inspectors where “1″ indicates the best ranking “32″ indicates the poorest ranking.


Criteria for State Rankings

ASHI’s state ratings are based on a multi-criteria system. Because laws vary significantly from state to state, a detailed set of criteria is used to review each state’s regulation to determine the positive elements of legislation as well as areas that may need improvement. States receive points according to the weight or importance ASHI places on different regulation standards and are evaluated against 13 criteria, including experience, education, testing requirements, standards of practice and codes of ethics.


ASHI’s Model Licensing Bill

In addition to providing rankings for each state, the ASHI Position Statement includes a model licensing bill that states can use as a guideline to develop strong home inspector legislation. The model also provides information about appointing a governing body to administer the laws, and it proposes that members of the governing body be free of conflicts of interest in the regulation of home inspectors.


“Legislators in each state must determine whether regulation is necessary to protect their constituents,” said Lesh. “Should they decide to take that route, ASHI is dedicated to providing guidelines for laws that are meaningful to the consumer and foster excellence within the home inspection profession.”


ASHI encourages legislators who are interested in adopting home inspection laws to look to Louisiana, New Jersey, Texas, Arizona, or Massachusetts as models for legislation.



States without home inspection regulation are: Colorado, Delaware, Hawaii, Idaho, Iowa, Kansas, Maine, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Mexico, Ohio, Utah, Vermont, Washington and Wyoming.

[Kevin Luce]

Originally Posted by jbushart

Out of 32 different sets of state laws, they can only recommend five (5) of them.

If ASHI was ranked against these five states, where would they fall?

Example: If an ASHI home inspector does not inspect up to ASHI standards (reporting he inspected a crawlspace but clearly did not) and there is a complaint to ASHI, will appropriate action be taken?

[Nick Gromicko]

Texas? I don't think there are any ASHI members in Texas.

[David P. Valley]

Hey, I see that Massachusetts falls into the top 5, but these rankings don't mean shi+ to me.

[John McKenna]

I know there are some ASHI members here in Texas, but I have only heard of a couple inspectors willing to admit it in the last 10 years...

[klott]

How can they rank Georgia when we have no laws governing inspectors at all? If they do this, then where are the other 18 states?

[Joseph Burkeson, CMI]

Originally Posted by jbushart

In the following article, under the guise of "ranking" states that have licensing laws as to who comes the closest to fitting their particular model --- ASHI leaders have unwittingly demonstrated for all to see exactly how ineffective and wasteful these laws have been. (My Bold)

I don't think unwittingly is the proper word to use here, I do believe that the ASHI membership is beginning to see the light and that new leadership is less likely to back licensing just to support the NHIE & the EXAMINATION BOARD OF PROFESSIONAL HOME INSPECTORS especially after the debacle here in Florida where the the DBPR has refused to talk with ASHI or the those who control the NHIE.

In another instance, in this month's ASHI Reporter Janet Swandby is once again quoted regarding the pitfalls of licensing...

MYTH: Regulation will "raise the bar" and "eliminate the fly-by-nighters" and "lowlifes".

REALITY: Licensing will NOT eliminate them. In fact, states with licensing have more inspectors, at least in the first few years after enactment, not fewer. And more means more unqualified inspectors.

It appears to me that the membership of ASHI is no longer just willing to support licensing because it fills the coffers of the EBPHI, although here in Florida the law could have mandated that inspectors wear their underwear on the outside of their clothing and FABI & NAHI would still have wholeheartedly supported the bill any friggin' bill.

[nwagner]

Funny, my state operates under a licensing law modeled by ASHI and it ranks #16. Go figure!

[Nick Gromicko]

Ranked by whom? ASHI has done nothing but push crappy legislation everywhere, operate a no-entrance-requirement diploma mill, encourage their come-only-with-cash associates to go out and perform a certain number of unqualified inspections for poor, unsuspecting consumers, offer no membership benefits, and lost 2/3rds of their members this year.... and they have the balls to "rank" anything. What's rank is their crappy licensing that keeps schools opening up on every corner.

[Nick Gromicko]

How would ASHI rank these membership requirements: http://www.homeinspector.org/join/ap...pplication.pdf ???

Send a check to ASHI and Shazam!

They should rank all the diploma mills in the world and rank themselves #1 for being the most outrageous.

[rmorella]

Originally Posted by klott

How can they rank Georgia when we have no laws governing inspectors at all? If they do this, then where are the other 18 states?

Actually Ken, there is something in the Georgia Code regarding home inspectors..

http://www.lexis-nexis.com/hottopics/gacode/default.asp Search for "home inspector" or go to TITLE 8. BUILDINGS AND HOUSING, CHAPTER 3. HOUSING GENERALLY, ARTICLE 6. DOCUMENTATION BY HOME INSPECTORS

§ 8-3-330. “Home Inspector” defined
As used in this article, the term “home inspector” means any person, except an employee of a county, municipality, or political subdivision while engaged in the performance of the duties of his or her employment, who, for consideration, inspects and reports on the condition of any home or single family dwelling or the grounds, roof, exterior surface, garage or carport, structure, attic, basement or crawlspace, electrical system, heating system, air conditioning system, plumbing, on-site sewage disposal, pool or hot tub, fireplace kitchen, appliances, or any combination thereof for a prospective purchaser or seller.

§ 8-3-331. Documentation required
Every home inspector shall provide to the person on whose behalf a home or single-family dwelling is being inspected a written document specifying:

1. The scope of the inspection, including those structural elements, systems, and subsystems to be inspected.,
2. That the inspection is a visual inspection; and,
3. That the home inspector will notify in writing the person on whose behalf such inspection is being made of any defects noted during the inspection, along with any recommendation that certain experts be retained to determine the extent and corrective action necessary for such defects.

§ 8-3-331.1. Licensing authority of political subdivision
Nothing in this article shall preempt a political subdivision from prescribing licensing requirements for home inspectors.

§ 8-3-332. Criminal penalty
Any person violating any of the provisions of this article shall be guilty of a misdemeanor.


Licensing and Laws are two seperate things.

[Kevin Luce]

Originally Posted by jburkeson1

In another instance, in this month's ASHI Reporter Janet Swandby is once again quoted regarding the pitfalls of licensing...

MYTH: Regulation will "raise the bar" and "eliminate the fly-by-nighters" and "lowlifes".

REALITY: Licensing will NOT eliminate them. In fact, states with licensing have more inspectors, at least in the first few years after enactment, not fewer. And more means more unqualified inspectors.

I have to say that overall I am happy with our state law. The state law got rid of most of the summer home inspectors. The number of inspectors in this area has not grown (as far as I can tell by the brochures and phone book in the past and the current Indiana list. And it kept the news papers quiet about home inspectors not be licensed. These three reason alone makes me happy about the state law. So that above statement is not true.

Did I mention that the few Realty companies that only recommended ASHI member are now recommending that the home inspector be state licensed.

Lastly I must say that being 9th in their list (which also doesn't mean anything to me) is a good place to be.

[Joseph Burkeson, CMI]

Originally Posted by Kevin Luce

Did I mention that the few Realty companies that only recommended ASHI member are now recommending that the home inspector be state licensed.

It is insanity for me to believe that any association could benefit from backing licensing, in licensed states associations have no power, authority or reason to exist except to help their members secure as much work as possible. The problem is the cost to promote the membership to the public in many cases exceeds the dues an association can collect.

The way I see it associations have screwed themselves and will in the end reap what they have sowed. In any case you can bet your ***** that Realtors will no longer be promoting home inspectors just because they happen to be a member of an association, no they will tell their clients that as long as the inspector is licensed they are all the same. That way it will be business as usual, Realtors will continue to steer work to those now licensed inspectors who provide soft fair-to-the-house inspection reports. Nothing will change except we will be further under their thumb.

[Joe Farsetta]

Joe,

Amen, brother.

[Randy D. Stufflebeem]

Originally Posted by jfarsetta

Joe,

Amen, brother.

I second that!
Randy