New twist in Washington

[James H. Bushart]

Actually, licensing is in very few states....less than 20. About 35 have some kind of registration and fee collection, but very few actually require licensing.

Part of the licensing myth is that it is "inevitable" and happening everywhere. It is not.

[Michael Larson]

Originally Posted by jbushart

Actually, licensing is in very few states....less than 20. About 35 have some kind of registration and fee collection, but very few actually require licensing.

Part of the licensing myth is that it is "inevitable" and happening everywhere. It is not.

Would you please explain any effective difference between licensing and registration?

For example in WI (registration):

State mandated SOP
State mandated CEU
State mandated test (NHIE)
State mandated WI home inspection law test.

[James H. Bushart]

Originally Posted by mlarson

Would you please explain any effective difference between licensing and registration?

For example in WI (registration):

State mandated SOP
State mandated CEU
State mandated test (NHIE)
State mandated WI home inspection law test.

I was referring more to North Dakota and the other states requiring tests and collecting fees.....and with no enforcement.

Illinois has a licensing law that many inspectors/realtors virtually ignore. The requirements are nothing more than taking a class that teaches you a test, pass the test, and pay $700 to the state. These types of laws are nothing more than revenue collectors for the various states.

Arizona is another. Pay your fees and no one notices whether or not you exist. No CEUs....etc.

Even Kansas with their new law have no way of enforcing it. If you have a license...there is much they can do to affect your business, but if you ignore the law...it is up to the local jurisdiction where you are practicing to enforce it. The State does nothing....nor can the Board.

[Gary Farnsworth]

Yep. Laws/rules/regulations/requirements are different in all states. Many cities are on state lines. How do inspectors operate in different states? Paying double fees? Double educational requirements? Performing inspections accross state lines? Feds are a comin'..................

[Russell Spriggs]

Soooo glad I chose ID over WA when I moved from CO 5 years ago . . .
They were already on the Big Brother track then.

[Brian E. Kelly]

Originally Posted by jbushart

Arizona is another. Pay your fees and no one notices whether or not you exist. No CEUs....etc.

.

Not true James. If you do not have a license you will get caught and sanctioned. If you provide a deficient report you could be sanctioned. http://www.btr.state.az.us/UserFiles...pril%2009).doc


As for CEU's, most HI CEU's I have encountered seem to actually suck out more knowledge out of you then they impart.

[James H. Bushart]

Originally Posted by bkelly2

Not true James. If you do not have a license you will get caught and sanctioned. If you provide a deficient report you could be sanctioned.

As for CEU's, most HI CEU's I have encountered seem to actually suck out more knowledge out of you then they impart.

How many were "sanctioned" for operating without a license in 2008, and where is this information available? Same thing for "deficient reports". How many last year, and where can we look this up?

[Brian E. Kelly]

I edited my previous post and added the link you are requesting. Perhaps a different thread would be better.

http://www.btr.state.az.us/UserFiles...pril%2009).doc

[Mike O'Handley]

Originally Posted by sstanczyk

"Grandfathered inspectors". Test and apply for license. Easy to understand.

"Very new inspectors". Education, Field Training, test, apply for license. You must shut down effective September 1, 2009 until these requirements are met.

Correct.

But this will indeed be an interesting time for "newer inspectors". You have until July 1, 2010 to complete your education, field training, take the test and get your license. There is nothing to stop you from performing inspections between September 1, 2009 and July 1, 2010.

Correct.

But there are other portions of the law that will be enforced:

Agents will not be able to refer you for fear of committing an Unprofessional Act and being sanctioned, fined or having their license suspended. Of course that same law affects Home Inspectors also. A referral to a person to fix something? You better make sure they are licensed. Labor & Industries really likes hunting down the "handyman" that advertises they can repair your home and don't have a General Contractors license....

Wrong. I'm sorry Stephen but that's propaganda. Realtors are not constrained from referring their clients to any inspector that was in business prior to June 12, 2008, license or not, and DOL will not be out there poking around to see who realtors are referring their clients to.

There won't be any enforcement of this until after July 1, 2010 unless the inspector is someone who came into the business after June 12, 2008. Even then, DOL won't know who those inspectors, and agents referring clients to those inspectors, are until someone identifies them to DOL. That usually occurs when a buyer or seller thinks they got a raw deal and is looking to complain to someone about it. That, or when some inspector that has too much time on his or her hands takes to checking Dept of Revenue and DOL websites for the status of their competitors and takes to shadowing other inspectors in order to drop a dime on them.

We saw plenty of that under SPI licensing; and it got to the point of being just plain petty. I hope we won't see it under H.I. licensing and we shouldn't have to; there is, and always has been, plenty of work for every competent inspector in this state. There's no need for that sort of thing.

The websites, advertising and marketing will have to be shut down. RCW 18.280.100 states, "The term "licensed home inspector" and the license number of the inspector must appear on all advertising, correspondence, and documents incidental to a home inspection." So I guess if you aren't licensed, you can't advertise. You can still inspect though.

Wrong again. As long as the inspector came into the business after June 12, 2008, the inspector may have a website and may advertise his or her business. The inspector is only prohibited from claiming to be a "licensed" home inspector.

Some of the highlights of the new rules;

• They will have to inspect to the new Washington State Standard of practice,
• They will have to have a pre-inspection agreement for all full home inspections as well as for all pre-sale consultations - even if there is no written report involved.
• They may not claim in any of their advertising materials, or in person for that matter, that they have any experience at home inspections beyond what they actually have inspecting homes. In other words, just because I used to build homes many years ago, doesn't mean that I can claim to have more than the 13 years that I've actually been in the home inspection business.
• They'll have to keep specific records up to 3 years after the inspection.

Some highlights of the new SOP;

• They'll have to enter and traverse crawlspaces to inspect them. A looksee from the hatch with a flashlight is not acceptable, unless the crawlspace is flooded, requires excavation, has an opening less than 18-inches by 24-inches or headroom less than 18-inches beneath joists and twelve inches beneath beams or girders, or, in the opinion of the inspector doing so, is likely to be dangerous to the inspector or others or damage the property, its systems or components. If they don't enter and traverse the crawlspace the reason why must be recorded in the report.
• They'll have to enter and traverse attics. A head and shoulders is not acceptable for an attic unless the area is not readily accessible due to obstructions, inadequate clearances or has conditions which, in the inspector's opinion, are hazardous to the health and safety of the inspector or will cause damage to components of the home. If they don't enter and traverse the attic the reason why must be recorded in the report.
• They'll have to traverse roofs to inspect them unless in the opinion of the inspector doing so will damage the roof or be unsafe. If they don't traverse the roof, the reason why must be recorded in the report.
• Unless it's inherently dangerous to do so, ie. Zinsco or FPE Stablok panels where breakers are likely to fall out, they'll have to remove readily accessible deadfront covers from service panelboards and sub-panels and inspect conditions of the interior components. Inspectors will no longer simply be able to refuse to open the panel cover and automatically refer inspection of the interior of every panel to a licensed electrician.

So I wonder where the business will come from. Advertising? Nope. Realtors? Nope. Oh wait...... Referral Rewards? Nope, that would be considered advertising.

Yes, from advertising and from realtors who refer you - as long as you didn't come into the business after June 12, 2008 - at least until July 1, 2010.

Referral rewards? I'm not sure what you're referring to. There is nothing constraining an inspector from rewarding a former client for sending new business to the inspector, but there are restrictions against providing compensation, inducement or reward directly or indirectly to any entity other than the client for referral of business or inclusion on a list of recommended inspectors or preferred providers and inspectors may not participate in similar arrangements.

The only exception to that will be low-cost marketing materials; inspectors are allowed to pass out low-cost marketing materials that don't exceed $10 per item; so giving a real estate professional a $3. mouse pad or coffee mug with your company name and phone number on it won't get you in trouble but a $50 gift card for dinner at a local eatery would.

They sure are not going to make it easy. But they will find anyway possible to bring money into their failing state budget.

If you've been conducting yourself professionally and have been doing honest and conscientious inspections, these rules will have very little affect on your business operations or the way you inspect homes.

As far as bringing money into the state budget, that's a myth. This program is self-sustaining and the money to support it comes from licensing fees paid. The "manager" actually deals with several other licensing accounts besides home inspectors. Those accounts actually pay for her time, not like this program. Based on the numbers to date, this account isn't yet breaking even and they won't have any way of knowing whether it will until final numbers are in on July 1, 2010.

After that, it will be anyone's guess about what is going to happen. This board, and over 250 others, have been targeted by the Governor to be sunsetted after July 2010. She's planning to take another shot at closing them all down in the upcoming legislative session; and, given the state of the economy, she's liable to get her way.

When that happens, don't expect the program to go away because fees will probably be enough for the program to break even and then the only ones dealing with the concerns of home inspectors in the state will be one or two non-inspector staffers at DOL - Ms. Myer being one of them.

ONE TEAM - ONE FIGHT!!!

Mike O'Handley, LHI
Your Inspector LLC.
Kenmore, Washington
Wa. Lic. Home Inspector #202