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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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  #16  
Old 1/12/09, 4:26 PM
Nick Gromicko's Avatar
Nick Gromicko Nick Gromicko is offline
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Default Re: Free mailing labels and postage for anyone wanting to write Kansas legislators.

Jim, I'm on your side on this one dumb ****.

But perhaps not for the same reasons. I don't want Kansas writing their own SOP because it would wipe out our exclusive InterNACHI member E&O and GL insurance discounts which are based on InterNACHI's existing SOP that has served us well for many years.



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  #17  
Old 1/12/09, 4:32 PM
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Joseph Burkeson, CMI Joseph Burkeson, CMI is online now
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Default Re: Free mailing labels and postage for anyone wanting to write Kansas legislators.

Quote:
Originally Posted by gromicko View Post
I don't want Kansas writing their own SOP because it would wipe out our exclusive InterNACHI member E&O and GL insurance discounts which are based on InterNACHI's existing SOP that has served us well for many years.
Isn't that the future though, 50 licensed states & 50 separate SoP's? Under those conditions you may need to think about state specific NACHI organizations, no?



"By three methods we may learn wisdom: First, by reflection, which is noblest; Second, by imitation, which is easiest; and third by experience, which is the bitterest." -Confucius


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  #18  
Old 1/12/09, 4:45 PM
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Nick Gromicko Nick Gromicko is offline
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Default Re: Free mailing labels and postage for anyone wanting to write Kansas legislators.

State associations have a tough go of it because they simply don't have enough critical mass to demand discounts or provide membership benefits. They simply aren't robust enough to command annual dues.

In a post InterNACHI world, it is tough for state associations to survive. InterNACHI simply does too much www.nachi.org/whats_new.htm, too fast.



Nick Gromicko, Certified Master Inspector

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  #19  
Old 1/12/09, 4:59 PM
Gary Farnsworth Gary Farnsworth is offline
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Default Re: Free mailing labels and postage for anyone wanting to write Kansas legislators.

I have always wondered why are home inspection laws needed. Who benefits from these laws? Who stands to benefit financially? How can the Kansas Home Inspector Board enforce their own rules and SOP? Five people cannot do this throughout the whole state. Mr. Barnes is only making $200 per inspection in Wichita, and with business the way it is, cannot be making much, if any, money. How can these board members do this for free? How are they going to benefit? With only a few dozen home inspectors left in business in Kansas, where is the money going to come from? These laws were brought about by special interest groups expecting to make money by offering education courses, marketing tools, and selling inspection equipment. They do not benefit the consumer. There are already laws on the books in Kansas protecting them. If the Kansas legislatures direct money to the home inspection board, and cut funding of schools and children, then the legislatures should be booted from their positions. The board cannot be run on it's own. There are simply not enough funds to do that.

Last edited by gfarnsworth; 1/12/09 at 5:02 PM..
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  #20  
Old 1/12/09, 5:11 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Free mailing labels and postage for anyone wanting to write Kansas legislators.

Quote:
Originally Posted by gromicko View Post
Jim, I'm on your side on this one dumb ****.

But perhaps not for the same reasons. I don't want Kansas writing their own SOP because it would wipe out our exclusive InterNACHI member E&O and GL insurance discounts which are based on InterNACHI's existing SOP that has served us well for many years.
The law does not provide the Board with the authority to write or implement a statewide standard of practice....nor did the budget committee that reviewed it allocate funding for the time that would be billed the state by those who would be overseeing its implementation and compliance.

In other words....the seat that you sought did not even exist.

When the AG threw the Kansas law back to the legislators because it was illegal to mandate membership in any of the national associations....it crippled the committee and left it with no standards to oversee.

Reading the law, oversight of the existing law (and not self composed mandates) is all that the committee is allowed to do.

So...fear not. Should NACHI have a member in the State of Kansas when and if a law is ever implemented....he will be allowed, if he chooses, to use your SOP.

The bottom line is this ---- nothing composed by this committee that is not provided for in the law can be enforced. Since that part of the law that would have had Kansas inspectors complying with a national SOP has been found to be illegal....there is no part of the law left that addresses an SOP. Accordingly, an SOP written without a law supporting its existence can be ignored. No one has the authority to enforce it.



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; 1/12/09 at 5:17 PM..
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  #21  
Old 1/12/09, 5:15 PM
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Default Re: Free mailing labels and postage for anyone wanting to write Kansas legislators.

Quote:
Originally Posted by gfarnsworth View Post
I have always wondered why are home inspection laws needed. Who benefits from these laws?
Well, if you controlled an exam whose passage was a prerequisite for securing a home inspector license you would be the direct beneficiary of the home inspector licensing law. Furthermore, you would then most likely be willing to spend some of the money earned from selling exams on lobbying other states to adopt similar licensing legislature now wouldn't you? Business 101



"By three methods we may learn wisdom: First, by reflection, which is noblest; Second, by imitation, which is easiest; and third by experience, which is the bitterest." -Confucius


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  #22  
Old 1/12/09, 5:20 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Free mailing labels and postage for anyone wanting to write Kansas legislators.

What Joe is telling you, Gary, is that....although your board has yet to officially announce it.....the ASHI owned NHIE will be required in Kansas to get a license. Thus, every would-be inspector, whether he joins ASHI or not, will be providing it with money through testing fees (upwards of $150).

It's all a part of the licensing scam used in a variety of states.



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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  #23  
Old 1/12/09, 5:26 PM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: Free mailing labels and postage for anyone wanting to write Kansas legislators.

General Point of Etiquette Regarding Education (CE & Entry Level):

I have attended both of the Kansas Home Inspection Review Board meetings (the 1st in Wichita & the 2nd in Topeka).

In Wichita there were the 5 KHIRB members, myself , Tom Lauhon from Leavenworth (ASHI member and owner Midwest Inspectors Institute) and a local Wichita home inspector that stayed for about 1.5 hours then left.

The 2nd meeting in Topeka had the 5 KHIRB members, several people from state groups like the AG's office and various home inspectors in attendance. Off the top of my head Home Inspectors present included at least Mike Greenwalt - President of KARCI (Kansas Association of Residential and Commercial Inspectors - a NAHI member); Mike Pritchett (President of the Heartland NAHI Chapter); Larry Sparks and Gary Farnsworth (iNACHI members); Randy Sipes (Past President of Great Plains ASHI Chapter and member of ASHI's National Legislative Committee); John Clason (President of Great Plains ASHI Chapter); John Kurtz (past ASHI member and immediate Past President of Heartland NAHI Chapter); and myself.

If I've left anybody out, I apologise but I'm doing this from memory.

The education issue has come up at both board meetings. The KHIRB seemed to think that ALL entry level education to LICENSED professions in Kansas IS REGULATED under the Kansas Board of Regents - It does not!

Many of the Kansas LICENSED professions like doctors, engineers, architects, lawyers, school teachers, etc that require college degrees OR Vo-Tech Schools providing training like nursing, etc are under the control of the Kansas Board of Regents (Realtors also set themselves up this way) - - - OTHER licensed professions like lead paint inspectors, asbestos inspectors, etc which are more similar to what we do set themselves up so their board could approve training providers, etc.

By putting yourself UNDER the Kansas Board of Regents and their high fees, wierd regulations (like owning your own building or having a long term lease on one) you choke out the smaller local inspectors OR even a local Inspection Chapter and prevent them putting on their own training.

The fees and requirements (like ADA compliance) are very out in left field.

You LET IN the large NATIONAL franchises OR someone teaching his home inspection training class through a local community college, etc. There may be others but right now the ONLY home inspection Training Class done at the local community college AND thus approved by the Kansas Board of Regents is Tom Lauhons home inspection training class held through Johnson County Community College and over in Leavenworth.

If memory serves me correctly 2 of Toms instructors are on ASHI's National Board of Directors and Tom is an Alternate Board member.

When I checked with the Home Inspectors Licensing Boards in Oklahoma, Arkansas, Tennessee and several others I found the Home Inspectors Board reviewed and approved their own Training - Not bumped it off to something like the Kansas Board of Regents.
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  #24  
Old 1/12/09, 5:42 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Free mailing labels and postage for anyone wanting to write Kansas legislators.

Far, far beyond this law being unfair to those who would also like to get into the business of bilking education dollars from Kansas home inspectors....it serves no purpose to the consumer at a cost to an overburdened State government.

What we must focus on, today...is the fact that Kansas had a licensing law, but no longer does since their AG sent it back to the legislature.

Let the argument be that the law is not necessary and serves no one at a tremendous financial cost to the State and should be trashed.....not bandaged up and sent to the Governor, again, for her signature.



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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  #25  
Old 1/12/09, 5:53 PM
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Nick Gromicko Nick Gromicko is offline
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Default Re: Free mailing labels and postage for anyone wanting to write Kansas legislators.

Jim Bushart correctly writes:
Quote:
It's all a part of the licensing scam used in a variety of states.



Nick Gromicko, Certified Master Inspector

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  #26  
Old 1/12/09, 8:50 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Free mailing labels and postage for anyone wanting to write Kansas legislators.

Quote:
Originally Posted by barnes
. After a lengthy discussion and with input from the spectator inspectors attending the meetings, the Board decided to establish a committee to develop a SOP for Kansas. I contacted Nick to ask for his recommendation of a Kansas Inspector who he thought would be good for this project and his response was less than flattering regarding his opinion of Kansans in general and Kansas Inspectors in particular. Nick felt that he was the only one competent enough to sit on this committee.



Perhaps Mr. Gromicko would like to explain himself.



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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  #27  
Old 1/12/09, 11:37 PM
dharris dharris is offline
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Default Re: Free mailing labels and postage for anyone wanting to write Kansas legislators.

Quote:
I contacted Nick to ask for his recommendation of a Kansas Inspector who he thought would be good for this project and his response was less than flattering regarding his opinion of Kansans in general and Kansas Inspectors in particular. Nick felt that he was the only one competent enough to sit on this committee.



Quote:
Perhaps Mr. Gromicko would like to explain himself


Well darn.
Thought I would see an answer/ spin from ole nickey on the late night nacho enquire edition, explaining how none of his elete certifed inspectors, including some nacho Kansas Certified Master Inspectors are not qualified to reprensent his org or themselves in Kansas.
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  #28  
Old 1/12/09, 11:50 PM
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Nick Gromicko Nick Gromicko is offline
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Default Re: Free mailing labels and postage for anyone wanting to write Kansas legislators.

Mr. Barnes correctly summed up my thinking on the matter. I don't believe inspectors, even the best inspectors with the best intentions, are qualified to author their own SOP on their own. Different skill set.

Just like I don't believe that the best professional football players, even All-Pro, Hall of Fame, Super Bowl winning football players, should attempt to design their own stadium without an architect. Different skill set.

As lead author of www.nachi.org/comsop.htm I can say with certainty that a bunch of volunteer inspectors and some board attorney who shows up once a month for a meeting... ain't gonna get ya there. And the cost of the legal experts, technical writers, consultants, etc. is much greater than most imagine. The ramifications for the consumers, the inspectors, the attorneys defending the inspectors, and the insurance companies insuring the inspectors could rest on the difference between a colon and a semi-colon.



Nick Gromicko, Certified Master Inspector

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"Just as iron sharpens iron, one man sharpens another." Proverbs 27:17

Last edited by gromicko; 1/12/09 at 11:59 PM..
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  #29  
Old 1/13/09, 12:09 AM
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Frank Magdefrau Frank Magdefrau is offline
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Default Re: Free mailing labels and postage for anyone wanting to write Kansas legislators.

Quote:
Originally Posted by gromicko View Post
Mr. Barnes correctly summed up my thinking on the matter. I don't believe inspectors, even the best inspectors with the best intentions, are qualified to author their own SOP on their own. Different skill set.

Just like I don't believe that the best professional football players, even All-Pro, Hall of Fame, Super Bowl winning football players, should attempt to design their own stadium without an architect. Different skill set.

As lead author of www.nachi.org/comsop.htm I can say with certainty that a bunch of volunteer inspectors and some board attorney who shows up once a month for a meeting... ain't gonna get ya there. And the cost of the legal experts, technical writers, consultants, etc. is much greater than most imagine. The ramifications for the consumers, the inspectors, the attorneys defending the inspectors, and the insurance companies insuring the inspectors could rest on the difference between a colon and a semi-colon.
So in other words James has a different skill set and he should stick with INACHI and get some of these great member benefits and leave the all these laws and SOP writing to the ones who know what they are doing.



Frank Magdefrau
Certified Master Inspector
DeSoto Home Inspection Services
3152 Big Ben S
Hernando, MS 38632
(901) 486-0421

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  #30  
Old 1/13/09, 12:15 AM
dharris dharris is offline
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Default Re: Free mailing labels and postage for anyone wanting to write Kansas legislators.

[QUOTE]
Quote:
Originally Posted by gromicko View Post
Mr. Barnes correctly summed up my thinking on the matter. I don't believe inspectors, even the best inspectors with the best intentions, are qualified to author their own SOP on their own. Different skill set.
If thats the case, I sure don't understand how the HI profession survived 40 plus years with out a dictator.
Sounds like a new nick name should be, barracko JR
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