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Legislation, Licensing & Legal Issues Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Members of all associations welcome.

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  #1  
Old 8/30/09, 12:12 AM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Missouri's Legislative Shamefulness

In 2006 in Anderson, Missouri.....just a few miles away from the county where I live that has no building codes or licensed contractors....there was a nursing home that caught fire and burned to the ground. The fire started from a faulty electrical system in the attic.

11 innocent people died in their sleep.

The state conducted the usual "study" to determine how to ensure that such future tragedies can be avoided.

One of the several recommendations was almost too obvious to record....that is the recommendation that an annual inspection be done of all state nursing homes by a "qualified electrician".

Since our state has no building codes and has no licensing requirements for electricians (or plumbers, HVAC techs, or builders)...the state could not come to a definition of exactly what is a "qualified electrician".

Accordingly...and much to the shame of the Missouri legislature...residents of over 6,000 nursing home facilities are going to sleep tonight in facilities that have never been inspected by a qualified electrician.

There is no doubt in my mind that....had it been a motel filled with members of the Missouri Association of Realtors that caught fire and burned 11 of their members to death, they would not be using their political clout to fight building codes and contractor licenses.
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  #2  
Old 8/30/09, 12:16 AM
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Default Re: Missouri's Legislative Shamefulness

Quote:
There is no doubt in my mind that....had it been a motel filled with members of the Missouri Association of Realtors that caught fire and burned 11 of their members to death, they would not be using their political clout to fight building codes and contractor licenses.
You can bet your azz on that---

Incredible there is no regulation whatsoever regarding contractors and these idiots what to regulate Home Inspectors?---BEYOND Incredible...!!!---
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  #3  
Old 8/30/09, 4:12 PM
Mike O'Handley Mike O'Handley is offline
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Default Re: Missouri's Legislative Shamefulness

Hmm,

So, let me get this straight. Out of one side of his mouth Mr. Bushart decries the "legislative shamefulness" of his state for bowing to special interests like the real estate folks, and not requiring building codes or licenses for contractors, but out of the other side he declares that "licensing solves nothing" and that anyone who advocates it must be guilty of trying to eliminate their competition or profit from licensing.

Either Mr. Bushart is schizophrenic or he's a hypocrite; it's very hard, for me at least, to decide which it is. On the one hand, he seems pretty loopy but on the other hand there's occasonally a spark of reason hidden in some of his diatribes.

Nutty Clerk? Two-faced Clerk? Nutty Clerk? Two-Faced Clerk?.....It's so hard to decide.

ONE TEAM - ONE FIGHT!!!

Mike O'Handley
Your Inspector LLC.
Kenmore, WA
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  #4  
Old 8/30/09, 5:21 PM
Gary L. Farnsworth, CMI Gary L. Farnsworth, CMI is offline
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Default Re: Missouri's Legislative Shamefulness

Agents in RE offices are starting to do "home checks" for prospective buyers. Repairmen and contractors are offering to also perform these "home checks" for free. RE agents will not realize that when something goes wrong, they will be the ones to be sued, since they are the ones instigating these "free home evaluations".

The RE agents want us out, so we do not kill their deals. They want newbie inspectors out there to control, and not us veterans. Why RE agents want this to badly is beyond me. And, why lawmakers do not see it that way. So many attorneys are involved in these laws here in Kansas, that the committee members, board members, even the governor do not know what is going on, or what to do about these un-needed and useless laws that really do not benefit anyone. I myself cannot be a member of this new registration board, or be a part of these laws due to the one regulation that the board has developed. I have been advised not to join due to the fact that at any time, any board member can come to my home and demand any form, document, or record for any reason, since I would have signed up to abide by these "rules and regulations".

I hope with our reponses, my work with Senators and NBC news, feedback with Dan Bowers, that we can get SB 329 reworded slightly and get this thing out of here.
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  #5  
Old 8/30/09, 5:46 PM
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Linas I. Dapkus Linas I. Dapkus is offline
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Default Re: Missouri's Legislative Shamefulness

Licensing solves nothing.
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  #6  
Old 8/30/09, 6:21 PM
Gary L. Farnsworth, CMI Gary L. Farnsworth, CMI is offline
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Default Re: Missouri's Legislative Shamefulness

Reported by: Lisa Benson
Email: benson@nbcactionnews.com
Last Update: 12:28 pm


PARKVILLE, Mo. -- Teen homelessness is a growing problem in the metro. Drug, alcohol and physical abuse typically destroys the commitment necessary to parent a child, but now another offender is putting teens on the streets: home foreclosures.
Judy Lindsey, Javonna Turner, and Janelle Paster are all 18 years old and learning the hard way to regroup after being left homeless by their own families.
"She didn't want me anymore. That's the worst feeling any kid could have, your parent don't want you anymore," said Janelle Paster.
This is a story Rachel Francis has heard too many times. Francis is a youth services manager for Synergy, an emergency shelter for people between the ages of 12 and 18.
Francils believes home foreclosures have opened the door to abandonment.
"I've had some 18-year-olds come to us and say, 'My parents can't afford to have me here anymore, they're struggling on their own'. Some families are becoming homeless," said Francis.
Janelle Paster can't blame a foreclosure for the hand she was dealt.
"My mom just kind of told me I couldn't live with her anymore. I stopped living with her when I was 15," said Paster.
She moved into Synergy's Transitional Housing Program last August.
"I love it. It's really helped out a lot," said Paster.
Synergy provides the apartment, but requires Paster to work and save money. At the end of the 21-month program, Paster will leave with a savings account and valuable life skills.
For every teen that's admitted to Synergy, one is turned away. The current shelter only has 12 beds.
In October, Synergy will move into a new facility, which includes a house for 24 homeless youth.


And lawmakers here in Kansas are spending time and energy to write and instigate home inspection laws. Their time and my tax dollars could be best spent elsewhere.


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  #7  
Old 8/30/09, 7:48 PM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: Missouri's Legislative Shamefulness

Parkville is in Missouri - Not Kansas. What gives??
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  #8  
Old 8/30/09, 10:00 PM
Gary L. Farnsworth, CMI Gary L. Farnsworth, CMI is offline
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Default Re: Missouri's Legislative Shamefulness

There are needs everywhere. States need to wake up and help the people who voted them into office; not the ones who fill their campaign coffers.
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  #9  
Old 8/30/09, 10:08 PM
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Nick Gromicko Nick Gromicko is online now
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Default Re: Missouri's Legislative Shamefulness

Mike O'Handley writes:
Quote:
Either Mr. Bushart is schizophrenic or he's a hypocrite
I don't find inconsistency in Jim's position on licensing. His comments about builders being unlicensed are to remind all that other disciplines should be well ahead of inspectors in the "need to be licensed" line.



Nick Gromicko, CMI
Founder
World's biggest, best inspection association
"Planet InterNACHI... resistance is futile"
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  #10  
Old 8/30/09, 10:15 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Missouri's Legislative Shamefulness

Quote:
Originally Posted by Mike O'Handley View Post
Hmm,

So, let me get this straight. Out of one side of his mouth Mr. Bushart decries the "legislative shamefulness" of his state for bowing to special interests like the real estate folks, and not requiring building codes or licenses for contractors, but out of the other side he declares that "licensing solves nothing" and that anyone who advocates it must be guilty of trying to eliminate their competition or profit from licensing.

Either Mr. Bushart is schizophrenic or he's a hypocrite; it's very hard, for me at least, to decide which it is. On the one hand, he seems pretty loopy but on the other hand there's occasonally a spark of reason hidden in some of his diatribes.

Nutty Clerk? Two-faced Clerk? Nutty Clerk? Two-Faced Clerk?.....It's so hard to decide.

ONE TEAM - ONE FIGHT!!!

Mike O'Handley
Your Inspector LLC.
Kenmore, WA

I understand how difficult it must be for a mental midget such as yourself to struggle with something relevant.

You pushed licensing in your state to control the number of new inspectors entering it. Once you could no longer bluff unsuspecting people into believing they needed to be licensed SPIs with E&O insurance to inspect a house, you needed to invent another means of thinning the herd.

But in Missouri, the builders and realtors have pooled their funds and infrastructure to keep building codes and licensed contractors out of the state. This decision has cost lives. In 80% of Missouri counties where there are no building codes or AHJs, the home inspector is the only person to "tattle" on them...thus, the desire to control him through legislation.

Now, take that back to the eight or nine guys who read your blog and have them explain it to you.
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  #11  
Old 8/30/09, 10:27 PM
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Nick Gromicko Nick Gromicko is online now
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Default Re: Missouri's Legislative Shamefulness

You can kind of look at builders and inspectors as stages of an assembly line. If your product has problems, rather than think there is some deficiency at the inspection stage (end of the assembly line), it would be more efficient to look upstream at the stage that created those deficiencies.



Nick Gromicko, CMI
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  #12  
Old 8/30/09, 10:53 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Missouri's Legislative Shamefulness

Exactly.

Putting inspectors at the end of your line....while providing no standards or expectations for the assemblers....makes no sense at all.
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  #13  
Old 8/30/09, 11:00 PM
Mike O'Handley Mike O'Handley is offline
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Default Re: Missouri's Legislative Shamefulness

Quote:
understand how difficult it must be for a mental midget such as yourself to struggle with something relevant.
Not really, but I am struggling with this one....nutty clerk, two-faced clear, nutty clerk, two-faced clerk.....can't decide which is more relavent.[/quote]You pushed licensing in your state to control the number of new inspectors entering it.[/quote]Really, got any proof of that?
Quote:
Once you could no longer bluff unsuspecting people into believing they needed to be licensed SPIs with E&O insurance to inspect a house, you needed to invent another means of thinning the herd.
Jeez, it must be so frustrating to be so wrong almost all the time. Can you show one instance of where I ever tried to bluff anyone into believing they need to be a licensed SPI with E&O insurance to inspect a house. I doubt it, since I'm not a licensed SPI and haven't carried E&O for nearly a decade; I prefer to self-insure. However, if you pull your head out of your fourth point of contact long enough, you might be able to find where I've said plenty against the whole SPI and E & O thing over the years. You probably wouldn't want to do that though; those things (facts) always seem to get in the way of your agenda.
Quote:
But in Missouri, the builders and realtors have pooled their funds and infrastructure to keep building codes and licensed contractors out of the state. This decision has cost lives. In 80% of Missouri counties where there are no building codes or AHJs, the home inspector is the only person to "tattle" on them...thus, the desire to control him through legislation.
So, what you're saying is that you've done a lousy job of stating your case in Missouri and they are still getting away with it. It might be that double-standard of yours that's eroding your credibility with folks in your state. No? Maybe if you spent a little less time dithering in the affairs of other states and spent a little more time concentrating on your own state....?
Quote:
Now, take that back to the eight or nine guys who read your blog and have them explain it to you.
Nah, they'll just tell me not to pick on the poor deluded troll from Missouri or he's liable to go home and beat his dog.

Nutty clerk, Two-faced clerk, nutty clerk, two-faced clerk, nutty clerk, two-faced cleark, nutty clerk, two-faced clerk, nutty clerk, two-faced clerk............

ONE TEAM - ONE FIGHT!!!

Mike O'Handley
Your Inspector LLC.
Kenmore, WA
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  #14  
Old 8/30/09, 11:05 PM
Mike O'Handley Mike O'Handley is offline
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Default Re: Missouri's Legislative Shamefulness

Quote:
Originally Posted by gromicko View Post
You can kind of look at builders and inspectors as stages of an assembly line. If your product has problems, rather than think there is some deficiency at the inspection stage (end of the assembly line), it would be more efficient to look upstream at the stage that created those deficiencies.
I'll agree to a point, but it does you no good to have quality control guys that don't know at least as much about the process as the guys on the assembly line.

ONE TEAM - ONE FIGHT!!!

Mike O'Handley
Your Inspector LLC.
Kenmore, WA
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  #15  
Old 8/30/09, 11:34 PM
Gary L. Farnsworth, CMI Gary L. Farnsworth, CMI is offline
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Default Re: Missouri's Legislative Shamefulness

So many home builders, so many repairmen, so many contractors, all not licensed. But, inspectors will have to be, because of the laws that are passed by lawmakers who accept payments to their campaign coffers from these "special interest groups". Board members in every state do not work for free. They, and their attorneys, write laws, rules, and regulations to govern us over them.

The home inspection industry is limited in life, and the feds are coming. Just read the Cap and Trade pages that require pre-sale efficency inspections of homes. Our industry as we know it, will be gone shortly unless inspectors like James, myself, and a few others stand up for their futures. Those who favor licensing are blind to the cold hard facts. Work under a state license, you work for the government.

Last edited by gfarnsworth; 8/31/09 at 3:30 PM..
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