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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 6/21/07, 11:13 AM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Listen to the ASHI President, People!

Quote:
Home inspectors must now be licensed
Quote:

State program, mandated in 2001, designed to protect buyers

by Liza Gutierrez | Staff Writer


A state home inspector licensing program mandated in 2001 has finally begun.

Under the program, prospective homebuyers now know they are getting a technical expert, said Elwood A. Mosley, executive director of the state Real Estate Appraiser and Home Inspector Commission. The licensing program strengthens the quality and professionalism of the business, he said.

Now, if the consumer has a complaint about an inspector, state officials can help sort it out, he said. ‘‘We’re going to protect the consumer, but we’re also going to protect the home inspector.”

Although the General Assembly voted six years ago to launch the program, it was deferred because full funding was not available until nearly last fall, Mosley said.

But lack of funding did not stop the group from working internally to position commissioners on the board to work on policy and regulations, he said. ‘‘There was a lot of behind-the-scenes work,” Mosley said.

When the time came to start licensing, procedures were relatively straightforward, he said. The program began in April.

‘‘Buying a home is probably the most expensive purchase a person will ever have,” said Frank Lesh, president of the American Society of Home Inspectors. ‘‘To spend a few hundred dollars to make sure the house is OK is money well-spent.”

Home inspections have been performed since the mid-1950s, but more buyers began to consider it an essential part of the purchasing process by the early 1970s, according to a society report.

Texas was the first state to regulate home inspection, in 1985. Six years later, it was the first to establish a full licensing law. Now 31 states have adopted some form of regulation for the profession.

Regulations vary widely, from laws dictating what is required in a home inspection to those requiring inspectors to be registered, certified or licensed, according to the report.

The trouble with establishing state regulations is that often they set the bar too low, whereas his organization’s standards ‘‘far exceed the minimum,” he said. The American Society of Home Inspectors is a nonprofit with more than 6,000 members.

Lesh would ‘‘absolutely” recommend that buyers look for an inspector with more than just the state license requirements. ‘‘I want someone who exceeds the minimum,” he said. ‘‘Who wouldn’t?”

An unforeseen consequence of a state license program is that schools spring up and market to people who may not have normally chosen this industry, Lesh said. Usually home inspectors come from construction trades, he said.

In Illinois, there were about 450 home inspectors before state regulations, he said. After the rules were adopted, more than 3,000 became licensed.

A consumer may think all licensed inspectors are the same, but some may never have done any work in a home before, he said.
Ilene Kessler, president of the Maryland Association of Realtors, said she does not know exactly how the licensing program will affect the industry, but additional licensing or certifications are ‘‘always a better thing.”

Kessler, a 22-year practitioner, has referred buyers to inspectors her clients have used and been happy with, she said. ‘‘I won’t put anyone on my list who is not ... certified” by the Lesh’s organization, she said.

Many people think brokers will recommend home inspectors who will just help push the deal through, Kessler said, but brokers want a good inspector on the job to minimize liability.

‘‘If we do make recommendations [for an inspector], it’s [for] risk reduction,” she said.


AT A GLANCE

Home inspectors in Maryland must be licensed by 2008.

Violators could face criminal charges, up to a one-year jail sentence and a $5,000 penalty.

Cost of a home inspector license is $400; it remains valid for two years.

Applicants must have 48 hours of an on-site training course approved by the commission, a high school diploma and general liability insurance of at least $50,000.

No examination is required to obtain a license at this time.

Once home inspectors are licensed, similar to home appraisers, the commission will provide a service where people can search for active licensees who may practice in the state.

Source: The Maryland Departmentof Labor, Licensing and Regulation
Already disappointed that the law, which has taken six years to enact, is not enough.

Even the used house salesman who says that legislation "is always the better thing" will still only approve licensed home inspectors who belong to ASHI, in Maryland.

And if you are an Illinois inspector, you just have to love how licensing created almost ten times the number of new home inspectors, according to this report.

Licensing solves nothing.



James H. Bushart

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

Last edited by jbushart; 6/21/07 at 11:25 AM..
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  #2  
Old 6/21/07, 12:10 PM
Joseph Burkeson, CMI's Avatar
Joseph Burkeson, CMI Joseph Burkeson, CMI is offline
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Default Re: Listen to the ASHI President, People!

Quote:
Originally Posted by From the Article
In Illinois, there were about 450 home inspectors before state regulations, he said. After the rules were adopted, more than 3,000 became licensed.
Of the supposed 3,000 new licensees, how many do you think became ASHI members? I'll bet it was less then 1%. Not only does licensing not solve anything it nullifies the advantage that qualified association members posses over those inspectors who lack stringent standards because the consumer believes that all licensed inspectors are equal. ASHI will one day realize that all their meddling in state politics has only helped to legislate themselves out of existence.



"A state of war only serves as an excuse for domestic tyranny." ~ Alexander Solzhenitsyn



Certified Master Inspector (2007)
Member, International Assoc of Certified Home Inspectors (InterNACHI)
Member, International Code Council (ICC) - Certified Residential Combination Inspector

Square-One Inspection "Assurance begins here"
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  #3  
Old 6/21/07, 12:41 PM
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Kenton J. Schaff Kenton J. Schaff is offline
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Default Re: Listen to the ASHI President, People!

It seems counter productive to me. Spend all your money on branding ASHI, get the state to impose licensees, people now think that all inspectors are now equal. everyone looses.
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  #4  
Old 6/21/07, 1:17 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Listen to the ASHI President, People!

Did anyone notice this interesting concept?

Quote:
Under the program, prospective homebuyers now know they are getting a technical expert, said Elwood A. Mosley, executive director of the state Real Estate Appraiser and Home Inspector Commission. The licensing program strengthens the quality and professionalism of the business, he said.
Let's see how the State of Maryland has defined "a technical expert" for its citizens.

Quote:
Applicants must have 48 hours of an on-site training course approved by the commission, a high school diploma and general liability insurance of at least $50,000.

No examination is required to obtain a license at this time.

Source: The Maryland Departmentof Labor, Licensing and Regulation
With the exception of paying money to the State of Maryland and the purchase of insurance, how many people reading this post qualify as a "technical expert"?

Would you not hate to be an inspector with 30 years experience in Maryland, today, forced to compete with all of these licensed technical experts performing their technical expertise for $175 (and less) per inspection?

My bet is that, in 2001 when it was still a new idea and a good way of "enhancing the profession", many Marylanders pushed for this bill. Now, after seeing what has happened throughout the country, they are already hitting the streets and shouting to the consumer that --- in spite of the state calling these licensed inspectors "technical experts" --- the law is meaningless.

Licensing solves nothing.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
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  #5  
Old 6/21/07, 6:00 PM
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nwagner nwagner is offline
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Default Re: Listen to the ASHI President, People!

Quote:
Originally Posted by jbushart
Licensing solves nothing.
I beg to differ. It fills seats in the 3-Day Home Inspector Academies and increases the amount of home inspector products purchased.
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  #6  
Old 6/21/07, 9:58 PM
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Randy D. Stufflebeem Randy D. Stufflebeem is offline
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Default Re: Listen to the ASHI President, People!

I am still trying to figure out how being licensed has helped me. Licensing solves nothing at this point.

I may feel different if every Realtor or Client ask me if I were licensed (this includes Radon Measurement). Happened once!

I may feel different if I knew unlicensed practicing inspectors were being held accountable by the people we feed the money to every year. See it on occasion!

I may feel different if I did not here from a Realtor that it does not matter if his inspector was licensed or not as long as he does a good job. Happened once!

Licensing solves nothing at this point!

Randy
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  #7  
Old 6/21/07, 10:50 PM
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Kevin Luce Kevin Luce is offline
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Default Re: Listen to the ASHI President, People!

Since licensing has occurred, companies hiring people just for the busy season does not exist anymore. Most of those people do not want to take the classes and/or pay for GL insurance. That alone makes me happy about licensing.

Also, there were some companies (that are still in business) that never took continuing education classes. Since it is now required, it is likely they will learn more (who wants to sit in a class about basic construction year after year).

Here in Indiana, I think they did a good job with the licensing. Just wish they had an apprenticeship.
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