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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 12/14/06, 3:33 PM
Nick Gromicko's Avatar
Nick Gromicko Nick Gromicko is online now
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Default New York State grandfathering provision ending soon.

Hello:

This email is to inform you that the grandparenting provision for home
inspectors will be expiring on 12/31/06. The Division is providing this
information to organizations in the home inspection industry that may be
affected by the change.

All candidates submitting an application for licensure under the
grandparenting clause for a home inspector license must be received in
our office on or before 12/31/06 - NO EXCEPTIONS - After that date, an
applicant for a home inspector license must apply under the New Home
Inspector Category(See category B on the application.) In addition, all
additional information for pending grandparenting applications must be
received within one year of the original date of application.

Please forward this information to any members of the public that you
may know that will be affected by the above.

Thank you for your cooperation.

Amy Penzabene
System Coordinator/Admininstrative Liaison
Division of Licensing Services
NYS Department of State
apenzabe@dos.state.ny.us



Nick Gromicko, Certified Master Inspector

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  #2  
Old 12/16/06, 12:40 PM
Robert J. OConnor's Avatar
Robert J. OConnor Robert J. OConnor is offline
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Default Re: New York State grandfathering provision ending soon.

Hmmm ... thats interesting, as I thought the "grandparenting" period was already over.

http://www.dos.state.ny.us/lcns/homeinspector-law.htm

Section 444-e-4 of the current HI licensing law linked above reads:

Quote:
4. On or before the effective date of this article, the secretary shall, upon application, issue a home inspector license to a person who:
(a) meets the requirements of paragraphs (a) and (c) of subdivision one of this section and has performed one hundred or more home inspections for compensation within two years prior to the effective date of this section; or
(b) meets the requirements of paragraph (a) of subdivision one of this section and has been engaged in the practice of home inspection for compensation for not less than three years prior to the effective date of this section during which such person has performed two hundred fifty home inspections for compensation within three years prior to the effective date of this section; or
(c) has education and experience which the secretary, in consultation with the council, considers equivalent to that required pursuant to paragraphs (a) and (b) of this subdivision.
The effective date of that article/law was 12/31/05, which would have been the cut-off date for the "grandparenting" provisions. Was there an amendment of that provision I am not aware of (possible since the forms/applications for grandparenting only came out late in 2005)?
.



Robert O'Connor, PE
Consulting Engineer & Inspector
LIU CW Post Adjunct Professor
NACHI Education Committee
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  #3  
Old 12/17/06, 4:50 PM
Justin Watts Justin Watts is offline
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Location: Rancho Santa Margarita, CA
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Default Re: New York State grandfathering provision ending soon.

I have a question..... Do all States have a "Grandfather" Clause if they start regulation over home inspection businesses?????

Anyone know this.... I am here in California, so far no regulations.... but I have been in business since 2004, so I am curious to see what "grandfather clauses will be enacted someday?
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  #4  
Old 12/25/06, 9:38 AM
rpaul rpaul is offline
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Default Re: New York State grandfathering provision ending soon.

I am under the same impression of Robert O'Connor. I thought by the reading of the Law in the beginning it was 12/31/05. Where did this letter come from.

Rick
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  #5  
Old 12/25/06, 3:23 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: New York State grandfathering provision ending soon.

Seems atrange, but Amy is the liason for the NY State Dept of State, Division of Licensing. They are in charge of the administratiin of the law. They also have a permanant member of the Ny State AGs office on loan to them. That is where the interpretation fo the law came from, I suspect.

Last edited by jfarsetta; 12/25/06 at 3:28 PM..
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  #6  
Old 12/25/06, 10:29 PM
Bill C. Merrell, CMI's Avatar
Bill C. Merrell, CMI Bill C. Merrell, CMI is offline
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Default Re: New York State grandfathering provision ending soon.

You are right Joe:

I was told that some inspectors did not have all their education or all their experience, and as such the NACHI exam was still being accepted. As of 12-31-06, no application with grandfathered courses or grandfathered exams will be accepted.

Received notification this past week, and I called and was told that is what the meaning was.

Happy Holidays, Happy New Yer- see you all al the National Convention.

Bill



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NY Metro Education Chapter President (NACHI # 05061990)
NACHI Education Committee Member
New York State Approved Home Inspection Instructor
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