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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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  #166  
Old 2/9/07, 12:57 PM
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Default Re: New Washington Legislation Submitted

Would you learn to read LEWIS?

It is not ANY REPORT! It is ANY COMPLETE STRUCTURAL PEST OR WOOD DESTROYING ORGANISM REPORT. OH MY GOODNESS! It is right there in the law. You are so hard headed! You refuse to admit you are wrong, in the face of clear evidence, and you are making yourself look like a fool in the process.

I can no longer try to save you from yourself. We'll see what happens with the Bill, and the law. Just don't try to claim I'm in violation of anything. Because I'm not, and therefore you cannot prove that I am.
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  #167  
Old 2/9/07, 12:58 PM
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Default Re: New Washington Legislation Submitted

Quote:
Originally Posted by hmiller
Lewis
You are a glutton for punishment, aren't you?
The archives show you and Wendy arguing this since this time last year. I don't know why you put yourself through it. You know the saying, "you can lead a horse to water..........."
Yep, and the only thing that has happened in that time is that I have found more evidence to support my position and am more convinced than ever that I am right.
Oh, and Lewis is arguing it because he cannot bear the thought that I may be right, him wrong, and he's been paying all that insurance for so long, as well as his little advertising campaign being false advertising and misleading information which IS against the Truth in Advertising Laws.
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  #168  
Old 2/9/07, 1:04 PM
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Default Re: New Washington Legislation Submitted

Quote:
Neither Idaho or Washington require Home Inspectors to be licensed, although Washington State does Require Home Inspectors to be Licensed Structural Pest Inspectors as a Complete Wood Destroying Organism Report is a requirement for practically any Home Inspection involving the sale, refinancing, or trade of a Home in Washington.
Washington Home Buyers should be sure that the Home Inspector they hire is licensed by the Washington State Department of Agriculture to perform Structual Pest Inspections, as many Home Inspectors are NOT! Lewis Capaul of Snowy Mountain Home Inspection is Licensed WSDA License# 72554, see:
http://agr.wa.gov/PestFert/Licensing...tion=ViewTable
U.S. Department of Housing and Urban Development
Office of Housing
Office of Single Family Housing

sigh
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  #169  
Old 2/9/07, 1:05 PM
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Default Re: New Washington Legislation Submitted

Quote:
Originally Posted by wforsyth
That's hilarious. You'll find NO DEBATE? Oh brother. Yah, you're really in touch with reality.

And yes. I do thin k the hundreds of home inspectors who don't challenge this are stupid. There is power in numbers, and if all rose up and got a spine, it wouldn't even be a debate anymore.
Among legitimate inspectors, there is no debate about whether the law applies to home inspectors. There is debate about whether or not we should have to be licensed, but all real home inspectors know they must abide by these rules.
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  #170  
Old 2/9/07, 1:07 PM
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Default Re: New Washington Legislation Submitted

Quote:
Originally Posted by jclark1
Among legitimate inspectors, there is no debate about whether the law applies to home inspectors. There is debate about whether or not we should have to be licensed, but all real home inspectors know they must abide by these rules.
So where do you find the rule of law defining a "legitimate" home inspector James? Hmmm?

No, the home inspectors you refer to are too frightened to stand up for what they believe in and challenge the "interpretation" presented by someone outside their own profession. They allow their profession to be defined by someone else.
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  #171  
Old 2/9/07, 1:14 PM
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Default Re: New Washington Legislation Submitted

Quote:
Originally Posted by wforsyth
I am not interested in their interpretation of the law. I'm interested in the interpretation of law as determined by a court of law, or the DOL.

If anyone thinks they can prove I've done anything wrong, they can feel free to spend the time and cash to take me to court. I will be more than happy and prepared to defend myself and do not even believe a judge would rule on it at this time and would suspend the case till after the new bill is either passed or rejected, and it went into effect. When a law is in flux, it is typical for a judge to wait until the time when the rule of law is clear rather than ill-defined.

But also, be prepared to pay not only your own court costs, but mine as well, because that is what I will be asking the judge for in the extreme likelihood that you lose your case.
That's the chance you're going to get Windy, all I or anyone else has to do is file a complaint with the WSDA and DOL, after that we are not directly involved, any court time will be done by State Attornies, not by me or any other individual who makes the complaint, we can't even be sued for making the complaint as we are only citizens concerned with a possible violation of State Law.

If you were really challenging the WSDA Windy, you would be doing Home Inspections in Accordance with NACHI Standasrds just like you advertise, challenging the WSDA right up front to take action against you so that you can get to court to challenge the Law. But you'd rather attempt to use only your Opinions to challenge them on an internet message board will soliciting sympathy from other members for your financial plight. Wouldn't it be better to be making money doing inspections than to whine about a law that you claim to be challenging? After all you told us the other day that if caught performing Inspections without an SPI License the Inspector would only face a $100 fine and a one day suspension, although I have no idea what would be suspended, and then the Inspector would be allowed to return to performing Home Inspections, sounds like a cheap way to challenge the Law Wendy, and you could be making money at the same time. There are lots of inspectors in Washington doing just that Wendy, at least they have the guts to challenge the law directly, instead of whining about it.
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  #172  
Old 2/9/07, 1:16 PM
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Default Re: New Washington Legislation Submitted

Windy, You are the only person who claims to be a Washington State home inspector here that doesn't think the law applies. The other Washington inspectors on this messsage board are legitimate. You are not.
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  #173  
Old 2/9/07, 1:17 PM
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Jeffrey D. Clark Jeffrey D. Clark is offline
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Default Re: New Washington Legislation Submitted

Quote:
Originally Posted by lcapaul
That's the chance you're going to get Windy, all I or anyone else has to do is file a complaint with the WSDA and DOL, after that we are not directly involved, any court time will be done by State Attornies, not by me or any other individual who makes the complaint, we can't even be sued for making the complaint as we are only citizens concerned with a possible violation of State Law.

If you were really challenging the WSDA Windy, you would be doing Home Inspections in Accordance with NACHI Standasrds just like you advertise, challenging the WSDA right up front to take action against you so that you can get to court to challenge the Law. But you'd rather attempt to use only your Opinions to challenge them on an internet message board will soliciting sympathy from other members for your financial plight. Wouldn't it be better to be making money doing inspections than to whine about a law that you claim to be challenging? After all you told us the other day that if caught performing Inspections without an SPI License the Inspector would only face a $100 fine and a one day suspension, although I have no idea what would be suspended, and then the Inspector would be allowed to return to performing Home Inspections, sounds like a cheap way to challenge the Law Wendy, and you could be making money at the same time. There are lots of inspectors in Washington doing just that Wendy, at least they have the guts to challenge the law directly, instead of whining about it.
I will file the complaint today, maybe that will shut her up.
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  #174  
Old 2/9/07, 1:43 PM
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Default Re: New Washington Legislation Submitted

Quote:
Originally Posted by lcapaul
That's the chance you're going to get Windy, all I or anyone else has to do is file a complaint with the WSDA and DOL, after that we are not directly involved, any court time will be done by State Attornies, not by me or any other individual who makes the complaint, we can't even be sued for making the complaint as we are only citizens concerned with a possible violation of State Law.

If you were really challenging the WSDA Windy, you would be doing Home Inspections in Accordance with NACHI Standasrds just like you advertise, challenging the WSDA right up front to take action against you so that you can get to court to challenge the Law. But you'd rather attempt to use only your Opinions to challenge them on an internet message board will soliciting sympathy from other members for your financial plight. Wouldn't it be better to be making money doing inspections than to whine about a law that you claim to be challenging? After all you told us the other day that if caught performing Inspections without an SPI License the Inspector would only face a $100 fine and a one day suspension, although I have no idea what would be suspended, and then the Inspector would be allowed to return to performing Home Inspections, sounds like a cheap way to challenge the Law Wendy, and you could be making money at the same time. There are lots of inspectors in Washington doing just that Wendy, at least they have the guts to challenge the law directly, instead of whining about it.
If you file a complaint, without basis, you will be placing yourself in a position to be brought suit against for falsely charging me. Not only that, but you will be in violation of NACHI COE's you keep touting.

As to the rest, it's not my fault if I can't get any business. *shrug* You just try to get me in trouble for doing something when I'm not doing anything. LOL. Maybe I'm on sabbatical?

Until I get that first inspection scheduled, with enough time of course to go take the SPI license test, and do that first inspection, you have nothing to even judge. Period. You are too funny. Trying to bait me in to working so that you can have more to try to charge me with. Playground stuff. LOL.
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  #175  
Old 2/9/07, 1:46 PM
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Default Re: New Washington Legislation Submitted

Quote:
Originally Posted by jclark1
Windy, You are the only person who claims to be a Washington State home inspector here that doesn't think the law applies. The other Washington inspectors on this messsage board are legitimate. You are not.
YAAAAAAAAAAWWWWWWNNNNNNNNN....

If I'm not legitimate, then he doesn't have anything to charge now does he?

Make up your mind James. In other words. Crap or get off the pot.
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  #176  
Old 2/9/07, 1:47 PM
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Default Re: New Washington Legislation Submitted

Quote:
Originally Posted by jclark1
I will file the complaint today, maybe that will shut her up.
Go ahead James. You open up a whole can of worms for yourself. But okay.
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  #177  
Old 2/9/07, 1:51 PM
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Default Re: New Washington Legislation Submitted

Quote:
Originally Posted by lcapaul
That's the chance you're going to get Windy, all I or anyone else has to do is file a complaint with the WSDA and DOL, after that we are not directly involved, any court time will be done by State Attornies, not by me or any other individual who makes the complaint, we can't even be sued for making the complaint as we are only citizens concerned with a possible violation of State Law.

If you were really challenging the WSDA Windy, you would be doing Home Inspections in Accordance with NACHI Standasrds just like you advertise, challenging the WSDA right up front to take action against you so that you can get to court to challenge the Law. But you'd rather attempt to use only your Opinions to challenge them on an internet message board will soliciting sympathy from other members for your financial plight. Wouldn't it be better to be making money doing inspections than to whine about a law that you claim to be challenging? After all you told us the other day that if caught performing Inspections without an SPI License the Inspector would only face a $100 fine and a one day suspension, although I have no idea what would be suspended, and then the Inspector would be allowed to return to performing Home Inspections, sounds like a cheap way to challenge the Law Wendy, and you could be making money at the same time. There are lots of inspectors in Washington doing just that Wendy, at least they have the guts to challenge the law directly, instead of whining about it.
You're kidding right?

You can't even be sued?

Concerned Citizens?

LOL!

How about competitors, James especially has this to worry about being in a general vicinity.

Go ahead and do it. Come on do it.

Gosh, you are amazing. File the complaint. Please. I want to see you make an *** out of yourself.
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  #178  
Old 2/9/07, 1:51 PM
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Default Re: New Washington Legislation Submitted

Why are you two home at 10 on a Friday morning?

No business?

Maybe you aren't legit either?

LOL....

See ya guys later.
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  #179  
Old 2/9/07, 1:53 PM
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Default Re: New Washington Legislation Submitted

Quote:
Originally Posted by hmiller
Lewis
You are a glutton for punishment, aren't you?
The archives show you and Wendy arguing this since this time last year. I don't know why you put yourself through it. You know the saying, "you can lead a horse to water..........."
Because other new inspectors in Washington who may read these posts may see what the Law really says. If you've read some of the archives then you may have seen where last summer Windy was telling Dennis Thomas that he didn't need a license at all, that 3 inspectors had taken the WSDA to curt and proved that the Law was invalid, people will believe anything if they can convince themselves that it is to their benefit. Wendy's idea is that if you repeat your opinions often enough they will become facts, she's already done that in her own mind. What I, and others have done is to publish the laws and policies of the WSDA, along with the contacts in WSDA so that people can hear the WSDA state its own "facts", Wendy has never talked to Soumi, maybe new inspectors reading this crap will, that will be to the benefit of NACHI's reputation.

I believe the Law is asinine and I've spent a lot of time arguing it with Soumi himself, as have most of us, how do those arguments end, almost always with Soumi's statement "Its the Law, if you don't like it, get it changed",I don't like it, but as far a Laws I don't like its way down on my list so I like hundreds of others have decided to comply with it and use it to my advantage.

Wendy and all the others can do all the Inspections they like, if they don't have an SPI License they can't legally do them to the NACHI SOP, if they do them to the SOP then they are in violation of the NACHI COE and they should not be allowed to use the NACHI Logo or to be listed on any of the NACHI inspector search sites.

Wendy gets to be a test case, she says she's cahllenging the Law, so I'm going to give her the chance to really do so, first with the ESOP Committee, and then with the WSDA and DOL if needed.

I like her latest, its almost as good as "there's mold in the soil" statement, now she says she's a hero for challenging the law that the rest of us are too afraid to challenge, of course the way she's doing it is by complying with it and not doing any Home Inspections without the SPI License, that's very brave of her, kind of like the kid who holds his breath until she turns blue, she'll show Dr Soumi, he'll be sorry because she won't do any Home Inspections until the Law is changed, poor Dr Soumi, she sure is showing him how tough she is.

Reasoning like that is why I argue with her, that and the constant threat of being sued, you know, "living on the edge" =, the threat of iminent danger, or is it just the laughs I get.

I did find out how Windy gets off my ignore list. My wife sometimes reads the message board when I've left it running, she takes Windy off ignore so that she can make sense of all the "Windy" quotes that appear on so many threads. My wifes theory is that Wendy doesn't really exist, that someone has created her as an internet character to make supid and asinine statements to keep the rest of us laughing because as she says, no one could be that big of a fool about everything.

I'm done with SPI/WDO, for now anything more I have to say will be discussed through email.
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  #180  
Old 2/9/07, 1:54 PM
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Default Re: New Washington Legislation Submitted

Quote:
Originally Posted by wforsyth
Or will he use the fact that no one has been prosecuted, successfully, and only a few unsuccessfully, to make his decision?

Hmmmmm.....

The law is open to interpretation. I can't be charged with violating COE due to having a differing opinion on our regulations or lack thereof.

Nice try again.
Wendy, sorry you are wrong in this. The WSDA has fined and suspended licenses from many many home inspectors over the years. In fact on a regular basis this is information put out in regards to who, when and why fines and suspensions were meted out. The State sends this information out to everyone that is WSDA licensed. Oh wait, maybe thats why you don't know what you are talking about. You aren't licensed so you don't receive this information. These never went to court. They went through the process within the WSDA as written in the Department rules and regulations as approved by the State. Any appeals were dropped by the inspectors at some point during the process, maybe due to cost to proceed or maybe just because they were guilty in the first place, hence the fine and or suspension of license. None have taken the route of proceeding all the way to court. It would most likely be a waste of time and resources.

In the long run, I venture to say that you will end up getting your SPI license or not be a home inspector. You will not challenge the law in court. You will not be grandfathered with the new law. So far you have not shown any credibility within this subject. See you at the hearing on Monday.




Stephen Stanczyk
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Structural Pest Inspectors License # 71043
Vice-President, Washington Association of Property Inspectors (WAPI)
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Pierce County -Thurston County - King County - Snohomish County
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