InterNACHI


Go Back   InterNACHI Inspection Forum > General Inspection Topics > Legislation, Licensing & Legal Issues for Inspectors

Notices

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.

 
Reply
 
LinkBack Thread Tools
  #1  
Old 1/15/10, 4:22 PM
Nick Gromicko's Avatar
Nick Gromicko Nick Gromicko is offline
InterNACHI Member
 
Join Date: Aug 2002
Location: Valley Forge, PA
Posts: 30,614
Default Jeff Barnes keeps his competitors from getting a license in Kansas.

Janelle Bell

to Nick

show details 2:12 PM (9 minutes ago)

Please post this for me:

I am a new inspector in the State of Kansas. The Kansas Home Inspectors Registration Board is denying any inspector not in business after July 2007 to become registered because inspectors have not had board approved training. Inspectors cannot attend their approved training because the board does not have any schools that have applied to the board for approval. I personally took a Home Inspector Course online from a Nationally Accredited school and the board is refusing to accept their cirriculum or any other online or correspondence training. I even exceeded the required 80 hours as my course was 140 hours. I still had to hand in a completed inspection for a grade before I could pass the course. I do not feel they can restrict those of us with unapproved training from becoming registered as they cannot enforce that portion of the law. Regardless, we won't be on the "registered inspector" list even though we probrably have the same amount of trainig that an inspector that has been in business prior to July 2007 has taken. Realtors will be reluctant to use our services for fear they will be in trouble with state law and we know this isn't the case. Jeff Barnes, President of the Registration Board told me that I could still inspect but just to give realtors a copy of the provision stating that the board cannot enforce the training section of the law and ask the realtor to continue using my services. I am thinking if it were me I would still use a "registered" inspector. This is going to put an end to my inspecting homes just because I cannot comply with "approved training" as realtors will fear using me. My question is, is there any legal recourse that you would know of to help inspectors like myself fight the Boards decision not to register us since they cannot enforce that section of the law? I did everything else they required on the application, I have Liability and Errors & Omissions insurance, I have passed the proctored exam given by NAHI, and they still denyed my application because of training.

Any help would be appreciated.

Janelle Bell
holtonplains0417@yahoo.com



Nick Gromicko, Certified Master Inspector

Find a Home Inspector
"Just as iron sharpens iron, one man sharpens another." Proverbs 27:17

Last edited by gromicko; 1/15/10 at 4:27 PM..
Reply With Quote
Need a home inspection in Missouri? Check out InterNACHI's listing of Missouri certified home inspectors. Or, find a home inspector anywhere in the world with our inspection search engine.
  #2  
Old 1/15/10, 4:33 PM
Gary Farnsworth Gary Farnsworth is offline
InterNACHI Member
 
Join Date: Mar 2008
Location: Olathe, KS
Posts: 3,715
Default Re: Jeff Barnes keeps his competitors from getting a license in Kansas.

And now, this:

http://primebuzz.kcstar.com/?q=node/21012

Hundreds gather in Topeka to protest federal government encroachment.
Reply With Quote
  #3  
Old 1/15/10, 5:02 PM
James E. Braun, CMI's Avatar
James E. Braun, CMI James E. Braun, CMI is offline
InterNACHI Member
 
Join Date: Jan 2005
Location: Jefferson City, MO
Posts: 6,945
Default Re: Jeff Barnes keeps his competitors from getting a license in Kansas.

Quote:
Originally Posted by gromicko View Post
Janelle Bell

to Nick

show details 2:12 PM (9 minutes ago)

Please post this for me:

I am a new inspector in the State of Kansas. The Kansas Home Inspectors Registration Board is denying any inspector not in business after July 2007 to become registered because inspectors have not had board approved training. Inspectors cannot attend their approved training because the board does not have any schools that have applied to the board for approval. I personally took a Home Inspector Course online from a Nationally Accredited school and the board is refusing to accept their cirriculum or any other online or correspondence training. I even exceeded the required 80 hours as my course was 140 hours. I still had to hand in a completed inspection for a grade before I could pass the course. I do not feel they can restrict those of us with unapproved training from becoming registered as they cannot enforce that portion of the law. Regardless, we won't be on the "registered inspector" list even though we probably have the same amount of training that an inspector that has been in business prior to July 2007 has taken. Realtors will be reluctant to use our services for fear they will be in trouble with state law and we know this isn't the case. Jeff Barnes, President of the Registration Board told me that I could still inspect but just to give Realtors a copy of the provision stating that the board cannot enforce the training section of the law and ask the Realtor to continue using my services. I am thinking if it were me I would still use a "registered" inspector. This is going to put an end to my inspecting homes just because I cannot comply with "approved training" as Realtors will fear using me. My question is, is there any legal recourse that you would know of to help inspectors like myself fight the Boards decision not to register us since they cannot enforce that section of the law? I did everything else they required on the application, I have Liability and Errors & Omissions insurance, I have passed the proctored exam given by NAHI, and they still denyed my application because of training.

Any help would be appreciated.

Janelle Bell
holtonplains0417@yahoo.com
The best thing an inspector can do is to contact their legislatures, have a face to face meeting with them, and have them explain to you why this bill is being allowed to put you out of business. Also contact all local media to tell them what is happening.
This fiasco is not legally a law yet until the cleanup bill is signed by your governor. You cannot depend on the inspector organizations representing themselves in Kansas to fight for you because secretly they have already or just finishing up on making their deals that benefit them, not their members. You need to fight for your livelihood because nobody else will fight harder for you than yourself. Sad but true.
Reply With Quote
  #4  
Old 1/15/10, 5:48 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
InterNACHI Member
 
Join Date: Dec 2004
Location: Southwest Missouri
Posts: 20,956
Default Re: Jeff Barnes keeps his competitors from getting a license in Kansas.

When we visited our Missouri legislature, yesterday, a ranking member of the House commented that "everyone has heard of the Kansas law" and lowered and shook his head.

He called it a "debacle" and assured us that "we are all aware of what they did in Kansas and see it as everything NOT to do in home inspector legislation".



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Reply With Quote
  #5  
Old 1/15/10, 6:36 PM
Buck Hartley, CMI's Avatar
Buck Hartley, CMI Buck Hartley, CMI is offline
InterNACHI Member
 
Join Date: Nov 2005
Location: Shawnee, KS
Posts: 1,567
Default Re: Jeff Barnes keeps his competitors from getting a license in Kansas.

Send your resume to the Education committee for review.



Mid America Property Inspections, Inc.
Shawnee, KS 66217
www.mapii.com
NACHI # 05110992
KHIRB # 0110-0008
KS-Radon Cert.# KS-MS-0035
KS-Termite Cert. # 18933
M0-Termite Cert. # N 5033

Reply With Quote
  #6  
Old 1/15/10, 6:37 PM
Buck Hartley, CMI's Avatar
Buck Hartley, CMI Buck Hartley, CMI is offline
InterNACHI Member
 
Join Date: Nov 2005
Location: Shawnee, KS
Posts: 1,567
Default Re: Jeff Barnes keeps his competitors from getting a license in Kansas.

The ROADS were dry and clear to JEFFERSON CITY!!!!!!!!!!!!!!



Mid America Property Inspections, Inc.
Shawnee, KS 66217
www.mapii.com
NACHI # 05110992
KHIRB # 0110-0008
KS-Radon Cert.# KS-MS-0035
KS-Termite Cert. # 18933
M0-Termite Cert. # N 5033

Reply With Quote
  #7  
Old 1/15/10, 8:04 PM
James E. Braun, CMI's Avatar
James E. Braun, CMI James E. Braun, CMI is offline
InterNACHI Member
 
Join Date: Jan 2005
Location: Jefferson City, MO
Posts: 6,945
Default Re: Jeff Barnes keeps his competitors from getting a license in Kansas.

Quote:
Originally Posted by bhartley View Post
Send your resume to the Education committee for review.
What would that do? The bill says she cannot be grandfathered-in. The board does not have the power to let her in the way the bill is written. It appears to me you are just giving her a glimmer of hope to keep her quite until the cleanup bill is passed. I hate to be suspicious of you but I do remember you eagerly helping Barnes test the system and you got a low license number too boot. If she is let in than all newer inspectors need to be let in and the bill changed.
Reply With Quote
  #8  
Old 1/15/10, 9:47 PM
Dan Bowers, CMI Dan Bowers, CMI is offline
InterNACHI Member
 
Join Date: Oct 2003
Location: Shawnee Mission, KS
Posts: 3,893
Default Re: Jeff Barnes keeps his competitors from getting a license in Kansas.

The law is the law BUT the rules are the rules, and were added after the law and are a work-in-progress. Some have been changed.

SINCE there was (and still is) NO WAY to get BOARD APPROVED TRAINING as of todays date - On the 1st go-around - who knows what might get accepted on a case-by-case basis / BUT they will have to ask or nobody will know they're out there.

Like BUCK said, send it to the EDUCATION Committee for review. You don't know unless you ask. Pat seems to understand the HOLES in the Bill and is a reasonable man.

Board Member - Education Committee Chairman
Pat Regan / Coldwell Banker Realty; Shawnee, KS
(913) 631-2900
Reply With Quote
  #9  
Old 1/15/10, 10:30 PM
James E. Braun, CMI's Avatar
James E. Braun, CMI James E. Braun, CMI is offline
InterNACHI Member
 
Join Date: Jan 2005
Location: Jefferson City, MO
Posts: 6,945
Default Re: Jeff Barnes keeps his competitors from getting a license in Kansas.

I think Kansas inspectors need to get some answers from the board on this subject. It is not right for inspectors such as Janelle to be lead down some uncertain road. These new inspectors need to know what is going on, they got to be able to make a living until this mess is straightened out. If the board and the legislatures, like most governments, are not pushed for answers this might go on for many months. Guessing or just hoping the board is going to do the right thing and go against the law does not sound realistic to me.
Reply With Quote
  #10  
Old 1/15/10, 11:40 PM
Buck Hartley, CMI's Avatar
Buck Hartley, CMI Buck Hartley, CMI is offline
InterNACHI Member
 
Join Date: Nov 2005
Location: Shawnee, KS
Posts: 1,567
Default Re: Jeff Barnes keeps his competitors from getting a license in Kansas.

Janelle,

Send your resume to the Education committee!!!!!!!

Thank you



Mid America Property Inspections, Inc.
Shawnee, KS 66217
www.mapii.com
NACHI # 05110992
KHIRB # 0110-0008
KS-Radon Cert.# KS-MS-0035
KS-Termite Cert. # 18933
M0-Termite Cert. # N 5033

Reply With Quote
  #11  
Old 1/16/10, 9:27 AM
James E. Braun, CMI's Avatar
James E. Braun, CMI James E. Braun, CMI is offline
InterNACHI Member
 
Join Date: Jan 2005
Location: Jefferson City, MO
Posts: 6,945
Default Re: Jeff Barnes keeps his competitors from getting a license in Kansas.

I am not saying that Janelle should not submit her resume to the board but the board should be forced to put out a statement notifying inspectors that they are considering exceptions to the the supposed law. Not making this information public is wrong and hurts newer inspectors. I can see why the grandfather-in inspectors may not see this to be a big deal because it does not affect them because they are already registered. Like most HI laws, this bill restricts competition, instead of letting the consumer decide who is the better inspector.
Reply With Quote
  #12  
Old 1/16/10, 10:08 AM
James E. Braun, CMI's Avatar
James E. Braun, CMI James E. Braun, CMI is offline
InterNACHI Member
 
Join Date: Jan 2005
Location: Jefferson City, MO
Posts: 6,945
Default Re: Jeff Barnes keeps his competitors from getting a license in Kansas.

Also all Kansas inspectors needs to notify the Attorney General's office. This prohibiting existing inspectors from being able to register due to the lack of approving an education provider has to be unconstitutional. It is not like they did not have enough time; they have been trying to get home inspectors licensed for at least eight years now.
Reply With Quote
  #13  
Old 1/16/10, 12:18 PM
Patrick Carter's Avatar
Patrick Carter Patrick Carter is offline
InterNACHI Member
 
Join Date: Jun 2009
Location: Kansas City Area
Posts: 456
Default Re: Jeff Barnes keeps his competitors from getting a license in Kansas.

Quote:
Originally Posted by bhartley View Post
The ROADS were dry and clear to JEFFERSON CITY!!!!!!!!!!!!!!
You could'nt tell that by riding in the back seat of Bower's Van unless you looked out the foggy windows

I wonder if he ever got that crap smell out
Reply With Quote
Need a home inspection in Missouri? Check out InterNACHI's listing of Missouri certified home inspectors. Or, find a home inspector anywhere in the world with our inspection search engine.
  #14  
Old 1/16/10, 1:21 PM
Nick Gromicko's Avatar
Nick Gromicko Nick Gromicko is offline
InterNACHI Member
 
Join Date: Aug 2002
Location: Valley Forge, PA
Posts: 30,614
Default Re: Jeff Barnes keeps his competitors from getting a license in Kansas.

Quote:
Also all Kansas inspectors needs to notify the Attorney General's office. This prohibiting existing inspectors from being able to register due to the lack of approving an education provider has to be unconstitutional. It is not like they did not have enough time; they have been trying to get home inspectors licensed for at least eight years now.
The ridiculous part about it is Jeff Barnes has never taken a formal inspection course himself. Today he keeps his competitors from getting a license while he touts license #0001 in his marketing literature, a license number magically procured before the law went into effect. The Kansas Home Inspector Licensing Board is run like a banana Republic.



Nick Gromicko, Certified Master Inspector

Find a Home Inspector
"Just as iron sharpens iron, one man sharpens another." Proverbs 27:17
Reply With Quote
  #15  
Old 1/16/10, 1:36 PM
Greg Bell's Avatar
Greg Bell Greg Bell is offline
InterNACHI Member
 
Join Date: Oct 2002
Location: Titusville, FL
Posts: 4,155
Default Re: Jeff Barnes keeps his competitors from getting a license in Kansas.

I have a feeling that the fiasco coming to Florida is going to make this look like child's play, but only time will tell.



Greg Bell
Titusville, Fl
02111507

Serving Central Florida
Reply With Quote
Reply

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Members need to call or email the Governor of Kansas. gromicko Legislation, Licensing & Legal Issues for Inspectors 22 11/22/09 5:16 PM
Washington HI licensing information from DOL hmiller Legislation, Licensing & Legal Issues for Inspectors 182 10/3/09 12:14 AM
New Hampshire State Chapter Meeting fcarrio Miscellaneous Discussion for Inspectors 9 4/29/09 4:20 PM
Jeff Barnes publicly responds to Jim Bushart, Dan Bowers and others regarding Kansas. gromicko Legislation, Licensing & Legal Issues for Inspectors 100 10/7/08 1:21 PM
NH licensing prussell Legislation, Licensing & Legal Issues for Inspectors 12 5/21/08 4:40 PM


All times are GMT -4. The time now is 3:32 AM.


Popular Sections

:

All Sections

Inspection News

InterNACHI Membership

Inspection Standards

Inspection Education

InterNACHI Inspectors

Inspection Links

 

 

 

NACHI.ORG Statistics

 

 

no new posts