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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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  #1  
Old 2/20/09, 10:02 PM
Nick Gromicko's Avatar
Nick Gromicko Nick Gromicko is offline
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Default Kansas Attorney General deals ASHI a blow and forces ASHI to compete with InterNACHI.

We are pleased that the Kansas Attorney General has caused the national association requirement to be stricken from the Kansas home inspector licensing law: http://khirb.files.wordpress.com/200...on-2-12-09.pdf

Inspectors had worried that the licensing board, chaired by Jeff Barnes a member of ASHI, a known no-entrance-requirement diploma mill with a 35 second online application process that requires nothing more than a valid credit card: http://www.homeinspector.org/join/ap...n/default.aspx , might use his public position to require inspectors to financially support the consumer-harming diploma mill.

Not in Kansas!

Inspectors are no longer required to join any association and associations will all have to compete solely on membership benefits: www.nachi.org/benefits.htm, success tools: www.nachi.org/success.htm, education: www.nachi.org/education, etc.

We applaud the Attorney General's decision to force diploma mills to get their members the old fashioned way... and earn them.

For the welfare of Kansas consumers, InterNACHI is now asking the Office of Attorney General to deny a home inspector license to any applicant convicted of engaging in child pornography or caught financially supporting a known diploma mill.



Nick Gromicko, Certified Master Inspector

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"Just as iron sharpens iron, one man sharpens another." Proverbs 27:17
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  #2  
Old 2/20/09, 10:11 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Location: Southwest Missouri
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Default Re: Kansas Attorney General deals ASHI a blow and forces ASHI to compete with InterNA

Agreed. The blow to the egos of the puppets who wrote this bill has to be smarting. They probably bargained for this provision of the bill with the members of KAR, only to have the Attorney General throw it out.

How do you plan on presenting the existing glitch that still exists in the House approved Bill regarding Grandfathering, Nick?

Perhaps the argument against grandfathering, period, is in order. Let Barnes and the puppets who wrote this bill be subject to the same rules they have made for everyone else. Either that...or start the entire legislative process all over from scratch.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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  #3  
Old 2/20/09, 10:30 PM
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James H. Bushart James H. Bushart is offline
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Location: Southwest Missouri
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Default Re: Kansas Attorney General deals ASHI a blow and forces ASHI to compete with InterNA

Another point of this bill, as amended from the original Barnes version to the kinder and gentler Attorney General version, is the fact that home inspectors who choose not to comply with the law will not be prosecuted by the state but, instead, by the county or municipality in which they operte their business.

In other words, a rural inspector who would otherwise be put out of business by complying with the more expensive provisions of the law could get a sympathetic ear in his own rural jurisdiction and simply agree to pay a $5.00 fine for not complying with the terms that would put him out of business.

The grandfathering provisions had to be broken down in order to accommodate them, which is proof of the disparity.

All Kansas rural inspectors might want to speak to their local folks on this...with the help of the 26 rural representatives who voted against the bill...and seek relief.

I'm starting to see some light at the end of the tunnel as this thing starts to unravel.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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  #4  
Old 2/20/09, 11:21 PM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: Kansas Attorney General deals ASHI a blow and forces ASHI to compete with InterNA

Theres another thought process to consider.

When EVERYONE had the right to join a "NATIONAL ASSOCIATION" of their choosing EVERYONE had a shot at not being left out.

Some guys have now voiced the thought that WITH that aspect taken out AND the part about giving the Board the ability to CHOOSE exactly what they want for a Test, Stds, Education and other crapola there's a BETTER chance for 1 Association to ROLL OVER everyone else BECAUSE it will now be DONE by the RULES that 1 person could slant their way.
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  #5  
Old 2/20/09, 11:28 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Kansas Attorney General deals ASHI a blow and forces ASHI to compete with InterNA

Quote:
Originally Posted by dbowers View Post
Theres another thought process to consider.

When EVERYONE had the right to join a "NATIONAL ASSOCIATION" of their choosing EVERYONE had a shot at not being left out.

Some guys have now voiced the thought that WITH that aspect taken out AND the part about giving the Board the ability to CHOOSE exactly what they want for a Test, Stds, Education and other crapola there's a BETTER chance for 1 Association to ROLL OVER everyone else BECAUSE it will now be DONE by the RULES that 1 person could slant their way.
Most inspectors do not belong to any national association at all. Their rights to remain unaffilliated remain undisturbed by Barnes' plan to use the Kansas law and the NHIE to enroll them all in his association.

Now, with a license, a home inspector in Kansas who joins an association need not look for a "credential"....but simply seek access to on-line education or other similar benefits to suit him.

Rural inspectors can basically do what they want if their rural prosecutors agree with the rural legislators who voted against this POS, anyway.

Today's announcement that the Kansas Governor will soon be leaving for Washington D.C. to run Health and Human Services puts a whole new spin on whether this law will get signed a second time.....if people will get loud.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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  #6  
Old 2/21/09, 1:30 PM
Gary Farnsworth Gary Farnsworth is offline
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Default Re: Kansas Attorney General deals ASHI a blow and forces ASHI to compete with InterNA

I just posted my thoughts on the other tread. Mr. B...s and the KAR now have their way, and the laws, SOP, rules, regulations, education will all be ASHI, because him and the board members (3 others) will have it their way, no matter what. It is stated that way in the new home inspection laws. So, teachers, truck drivers, 4 H clubs, and any other association in Kansas will also now want it thier way, and not be bound by any Kansas State rules and regulations also. Perhaps, that is the way we now need to go, to let other associations know what is going on here.

Last edited by gfarnsworth; 2/21/09 at 1:35 PM..
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  #7  
Old 2/25/09, 9:43 PM
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Joe Farsetta Joe Farsetta is offline
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Location: Pearl River, NY
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Default Re: Kansas Attorney General deals ASHI a blow and forces ASHI to compete with InterNA

If punishment is up to the local municipality, then how much power dors the Board actually have? I envision lawsuits brought against this Board, and being tried in Podunk...
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  #8  
Old 2/25/09, 9:48 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Location: Southwest Missouri
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Default Re: Kansas Attorney General deals ASHI a blow and forces ASHI to compete with InterNA

It says a lot when a violation of the board's requirements are NOT a violation of State law. How does the board expect to successfully prosecute at the local level all of the offenders....at no cost to the taxpayer?

This is bordering on a farse.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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