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Legislation, Licensing, Ethics & 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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  #1  
Old 11/2/09, 11:29 PM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
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Default Cap and Trade: A License Required for your Home

Cap and Trade: A License Required for your Home

We encourage you to read the provisions of the Cap and Trade Bill that has passed the House of Representatives and being considered by the Senate. We are ready to join the next march on Washington!
This Congress and whoever on their staffs that write this junk are truly out to destroy the middle class of the USA....


A License Required for your house

Thinking about selling your house - A look at H.R. 2454 (Cap and trade bill) This is unbelievable!


Only the beginning from this administration! Home owners take note & tell your friends and relatives who are home owners!

Beginning 1 year after enactment of the Cap and Trade Act, you won't be able to sell your home unless you retrofit it to comply with the energy and water efficiency standards of this Act. H.R. 2454, the "Cap & Trade" bill passed by the House of Representatives, if also passed by the Senate, will be the largest tax increase any of us has ever experienced.

The Congressional Budget Office (supposedly non-partisan) estimates that in just a few years the average cost to every family of four will be $6,800 per year.
  • No one is excluded.
However, once the lower classes feel the pinch in their wallets, you can be sure these voters get a tax refund (even if they pay no taxes at all) to offset this new cost. Thus, you Mr. and Mrs. Middle Class America will have to pay even more since additional tax dollars will be needed to bail out everyone else.


But wait. This awful bill (that no one in Congress has actually read) has many more surprises in it. Probably the worst one is this:
  • A year from now you won't be able to sell your house. Yes, you read that right.
The caveat is (there always is a caveat) that if you have enough money to make required major upgrades to your home, then you can sell it. But, if not, then forget it. Even pre-fabricated homes ("mobile homes") are included.
  • In effect, this bill prevents you from selling your home without the permission of the EPA administrator.
  • To get this permission, you will have to have the energy efficiency of your home measured.
  • Then the government will tell you what your new energy efficiency requirement is and you will be forced to make modifications to your home under the retrofit provisions of this Act to comply with the new energy and water efficiency requirements.
  • Then you will have to get your home measured again and get a license (called a "label" in the Act) that must be posted on your property to show what your efficiency rating is; sort of like the Energy Star efficiency rating label on your refrigerator or air conditioner.
  • If you don't get a high enough rating, you can't sell. And, the EPA administrator is authorized to raise the standards every year, even above the automatic energy efficiency increases built into the Act.
The EPA administrator, appointed by the President, will run the Cap & Trade program (AKA the "American Clean Energy and Security Act of 2009") and is authorized to make any future changes to the regulations and standards he alone determines to be in the government's best interest. Requirements are set low initial y so the bill will pass Congress; then the Administrator can set much tougher new standards every year.
  • The Act itself contains annual required increases in energy efficiency for private and commercial residences and buildings.
  • However, the EPA administrator can set higher standards at any time.
Sect. 202:
Building Retrofit Program mandates a national retrofit program to increase the energy efficiency of all existing homes across America .

Beginning 1 year after enactment of the Act, you won't be able to sell your home unless you retrofit it to comply with the energy and water efficiency standards of this Act.

You had better sell soon, because the standards will be raised each year and will be really hard (i.e., ex$pen$ive) to meet in a few years. Oh, goody! The Act allows the government to give you a grant of several thousand dollars to comply with the retrofit program requirements if you meet certain energy efficiency levels. But, wait, the State can set additional requirements on who qualifies to receive the grants.

You should expect requirements such as "can't have an income of more than $50K per year", "home selling price can't be more than $125K", or anything else to target the upper middle class (and that's YOU) and prevent them from qualifying for the grants.
Most of us won't get a dime and will have to pay the entire cost of the retrofit out of our own pockets. More transfer of wealth, more "change you can believe in."

Sect. 204:
Building Energy Performance Labeling Program establishes a labeling program that for each individual residence will identify the achieved energy efficiency performance for "at least 90 percent of the residential market within 5 years after the date of the enactment of this Act."

This means that within 5 years 90% of all residential homes in the U.S. must be measured and labeled. The EPA administrator will get $50M each year to enforce the labeling program. The Secretary of the Department of Energy will get an additional $20M each year to help enforce the labeling program. Some of this money will, of course, be spent on coming up with tougher standards each year.

Oh, the label will be like a license for your car. You will be required to post the label in a conspicuous location in your home and will not be allowed to sell your home without having this label.
And, just like your car license, you will probably be required to get a new label every so often - maybe every year.
But, the government estimates the cost of measuring the energy efficiency of your home should only cost about $200 each time.

Remember what they said about the auto smog inspections when they first started: that in California it would only cost $15. That was when the program started. Now the cost is about $50 for the inspection and certificate; a 333% increase. Expect the same from the home labeling program.

Sect. 304:
Greater Energy Efficiency in Building Codes establishes new energy efficiency guidelines for the National Building Code and mandates at 304(d), Application of National Code to State and Local Jurisdictions, that 1 year after enactment of this Act, all state and local jurisdictions must adopt the National Building Code energy efficiency provisions or must obtain a certification from the federal government that their state and/or local codes have been brought into full compliance with the National Building Code energy efficiency standards.

a license required for your home - Google Search

H.R. 2454: American Clean Energy and Security Act of 2009 (GovTrack.us)

__________________



Signed, Frank Carrio, CMI
Certified Master Inspector & Consultant
Retired Certified Commercial Building Inspector
Retired Certified, WDI/WDO Inspector
Founder & Current President, New Hampshire State Chapter InterNACHI
InterNACHI, State Representative for Legislative Affairs
Retired: ICC Member
Retired: Code Compliance Inspector.
Retired: ASTM Committee Member
New Hampshire Home Inspectors State License #0096
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  #2  
Old 11/3/09, 4:59 AM
James A. Levy's Avatar
James A. Levy James A. Levy is offline
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Default Re: Cap and Trade: A License Required for your Home

I am sure that some of the sanctimonious, liberal windbags will be weighing in soon to tell how great this form of Govt. control is. Someone should Cap'n Trade Obama since this is his baby.
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  #3  
Old 11/3/09, 5:16 AM
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Peter C. Russell Peter C. Russell is offline
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Default Re: Cap and Trade: A License Required for your Home

I can't wait!!!!!! I'll be doing energy audits and repairs till the cows come home.

Thank god it's acceptable to repair a home you've done an energy audit for.

I love this country.
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  #4  
Old 11/3/09, 7:30 AM
James E. Braun, CMI's Avatar
James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: Cap and Trade: A License Required for your Home

About time. I think energy efficiency should be considered when buying a home.
Also I really think a regular home inspection needs to be performed first and then that inspection is used by the appraiser to help determine the true value of the home.
There is just way too many crappy houses out there.
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  #5  
Old 11/3/09, 12:51 PM
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Gary Farnsworth, CMI Gary Farnsworth, CMI is offline
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Default Re: Cap and Trade: A License Required for your Home

But, James: here in Kansas the new laws exempt appraisers, engineers, RE agents, insurance adjusters from any home inspection rule or regulation. Who is to say they, too, may be exempt from federal laws?

Oh, forgot. This is OZ. It just keeps getting more and more interesting. All this will do is create more foreclosures. People will walk from their homes when, after they find out that by spending the money to upgrade and then have to pay off the mortgage, it will be more money than what the home is worth. I can see now millions of homes that are unsellable, and financial institutions all bankrupt. Oh, now the government will own the houses and the banks. Must be someone's master plan.

Last edited by gfarnsworth; 11/3/09 at 12:58 PM..
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  #6  
Old 11/3/09, 12:58 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Cap and Trade: A License Required for your Home

My advice for the home owners of New Hampshire is to follow the lead of the home inspectors of New Hampshire.

You see...what the home owners of New Hampshire need to understand is that licensing of home owners is inevitable. It's coming and there is no way to stop it.

So instead of fighting it, the homeowner needs to be lobbying for his own seat at the table so that he can draft a home owner licensing law that will not harm him as much as it would if he stayed away and tried to fight the measure.

Right?
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  #7  
Old 11/3/09, 1:02 PM
Gary Farnsworth, CMI's Avatar
Gary Farnsworth, CMI Gary Farnsworth, CMI is offline
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Default Re: Cap and Trade: A License Required for your Home

It will not be long until you will need a license to mow grass. In Kansas, they are calling it a "multi-purpose mechanical farm implement".
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  #8  
Old 11/3/09, 1:11 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Cap and Trade: A License Required for your Home

Licensing is inevitable. Don't fight. Go with the flow.....walk to the light.....you will be safe.....
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  #9  
Old 11/3/09, 1:14 PM
Gary Farnsworth, CMI's Avatar
Gary Farnsworth, CMI Gary Farnsworth, CMI is offline
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Default Re: Cap and Trade: A License Required for your Home

..........might be a train coming..............
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  #10  
Old 11/3/09, 1:38 PM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
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Default Re: Cap and Trade: A License Required for your Home

Quote:
Originally Posted by gfarnsworth View Post
..........might be a train coming..............
ROTFLMAO!



Signed, Frank Carrio, CMI
Certified Master Inspector & Consultant
Retired Certified Commercial Building Inspector
Retired Certified, WDI/WDO Inspector
Founder & Current President, New Hampshire State Chapter InterNACHI
InterNACHI, State Representative for Legislative Affairs
Retired: ICC Member
Retired: Code Compliance Inspector.
Retired: ASTM Committee Member
New Hampshire Home Inspectors State License #0096
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  #11  
Old 11/3/09, 1:41 PM
Doug Edwards Doug Edwards is offline
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Default Re: Cap and Trade: A License Required for your Home

Old Butch
------------ --------- --------- --
John was in the fertilized egg business.
He had several hundred young layers (hens), called 'pullets,'
and ten roosters to fertilize the eggs.

He kept records, and any rooster not performing
went into the soup pot and was replaced.
This took a lot of time, so he bought some tiny bells
and attached them to his roosters.

Each bell had a different tone, so he could tell from a distance,
which rooster was performing.
Now, he could sit on the porch And fill out an efficiency report
by just listening to the bells.
John's favorite rooster, old Butch, was a very fine specimen,
but this morning he noticed old Butch's bell hadn't rung at all!
When he went to investigate, he saw the other roosters were busy chasing
pullets, bells-a-ringing, but the pullets, hearing the roosters coming, could run for cover.

To John's amazement, old Butch had his bell in his beak, so it couldn't ring.
He'd sneak up on a pullet, do his job and walk on to the next one.
John was so proud of old Butch, he entered him in the Renfrew County Fair
and he became an overnight sensation among the judges.

The result was the judges not only awarded old Butch the No Bell Piece Prize
but they also awarded him the Pulletsurprise as well.

Clearly old Butch was a politician in the making.
Who else but a politician could figure out how to win two of the most highly coveted awards on our planet by being the best at sneaking up on the populace and screwing them when they weren't paying attention.

Vote carefully next year,

the bells are not always audible.





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  #12  
Old 11/3/09, 1:48 PM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
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Default Re: Cap and Trade: A License Required for your Home

Quote:
Originally Posted by jbushart View Post
My advice for the home owners of New Hampshire is to follow the lead of the home inspectors of New Hampshire.

You see...what the home owners of New Hampshire need to understand is that licensing of home owners is inevitable. It's coming and there is no way to stop it.

So instead of fighting it, the homeowner needs to be lobbying for his own seat at the table so that he can draft a home owner licensing law that will not harm him as much as it would if he stayed away and tried to fight the measure.

Right?
I am not sure that this is such a good idea because……

YOUR WORDS HAVE COME TRUE!

"We" have an "Inspector" that helped write the H.I. law that was passed.
He now sits on the Licensing Board.
Out of ALL of the Home Inspectors in New Hampshire, guess who is the ONLY ONE who has been sued for a BOTCHED INSPECTION?

The home is so bad that it has been CONDEMNED! The repairs are estimated to be a little over $80,000.00!!!!



Signed, Frank Carrio, CMI
Certified Master Inspector & Consultant
Retired Certified Commercial Building Inspector
Retired Certified, WDI/WDO Inspector
Founder & Current President, New Hampshire State Chapter InterNACHI
InterNACHI, State Representative for Legislative Affairs
Retired: ICC Member
Retired: Code Compliance Inspector.
Retired: ASTM Committee Member
New Hampshire Home Inspectors State License #0096
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  #13  
Old 11/3/09, 2:39 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Cap and Trade: A License Required for your Home

Quote:
Originally Posted by fcarrio View Post
I am not sure that this is such a good idea because……

YOUR WORDS HAVE COME TRUE!

"We" have an "Inspector" that helped write the H.I. law that was passed.
He now sits on the Licensing Board.
Out of ALL of the Home Inspectors in New Hampshire, guess who is the ONLY ONE who has been sued for a BOTCHED INSPECTION?

The home is so bad that it has been CONDEMNED! The repairs are estimated to be a little over $80,000.00!!!!
Same thing Massachusetts.

In Massachusetts there was an inspector sued so many times that he became the poster child for "why we need a law to protect us" and he was given a seat on the licensing board, too.
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  #14  
Old 11/3/09, 4:10 PM
Peter C. Russell's Avatar
Peter C. Russell Peter C. Russell is offline
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Default Re: Cap and Trade: A License Required for your Home

"Oh, forgot. This is OZ. It just keeps getting more and more interesting. All this will do is create more foreclosures. People will walk from their homes when, after they find out that by spending the money to upgrade and then have to pay off the mortgage, it will be more money than what the home is worth. I can see now millions of homes that are unsellable, and financial institutions all bankrupt. Oh, now the government will own the houses and the banks. Must be someone's master plan"


Yup, then we'll all be renting our houses from Walmart, Home Depot and Lowe's because they will be the only one's who can afford a mortgage.

I can see the blue light specials at K-Mart err I mean Sears now!!
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  #15  
Old 11/3/09, 10:16 PM
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Gary Farnsworth, CMI Gary Farnsworth, CMI is offline
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Default Re: Cap and Trade: A License Required for your Home

"Clean-up in aisle seven"....................
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