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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 5/1/09, 9:32 AM
Carla Horne's Avatar
Carla Horne Carla Horne is offline
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Location: Meredith, NH
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Default NH inspectors

Hi,
To all of the members who attended the public hearing yesterday:

You guys were polite, professional and respectful to the board members, our Executive Director and our Council. I know that it is
not easy for everyone to speak in public and each of you did a good
job. Thank you for taking the time.
I came away from the meeting with many thoughts to contemplate.
With a positive constructive approach, that I am seeing, I know that NH will have the best licensing system for Home Inspectors that we can all be
proud of.

Thank you
Carla
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  #2  
Old 5/1/09, 9:56 AM
Peter C. Russell's Avatar
Peter C. Russell Peter C. Russell is offline
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Default Re: NH inspectors

Carla, thank you for your hard work. I for one appreciate it.
Pete
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  #3  
Old 5/2/09, 10:00 AM
Carla Horne's Avatar
Carla Horne Carla Horne is offline
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Default Re: NH inspectors

thanks Pete!
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  #4  
Old 7/8/09, 9:28 AM
Carla Horne's Avatar
Carla Horne Carla Horne is offline
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Location: Meredith, NH
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Default Re: NH inspectors

Hi all,
Good news! The board has adopted your administrative rules and procedures and your NH standards of practice. We went before the Joint Legislative Committee on Admin. Rules and they made a few changes.
Yesterday we adopted the rules at our Board meeting and also adopted the application form and the prelicensing education application.
Go to the NH joint board of licensure and cert. and enter the page for home inspectors. all of the forms will be there with instructions. If there are any questions you can call the joint board office or I will be glad to help.
Thanks for your patience and good luck!
Carla
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  #5  
Old 7/8/09, 12:50 PM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
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Default Re: NH inspectors

Carla,
I did a "cut and paste" from the application and I would like some clarification.

As you know this state law requires that the written examination the "independent".
In spite of this legal requirement the board has adopted the ASHI owned, ASHI trademark NHIE. This means that the New Hampshire home inspectors licensing board is allowing one trade associations {ASHI} examination to be promoted and used to the exclusion of all others.
In my opinion the inclusion of ASHI's examination and the exclusion of NACHI's examination is a violation of the letter of the law.

Today I received an application for a home inspector's license. In this application it seems that "The Board" has given further thought as to the inclusion of other examinations other than the NHIE.

Here is the "cut and paste" from the application


2. Licensure/Examination Information


Have you passed the National Home Inspectors or equivalent examination?
If so, location, date and grade awarded: _______________________________________________

(Proof of passing examination must be included with completed application)
Title of Examination Passed____________________________________________ _____________

Page 8
Have you included proof of passing the National Home Inspectors examination or the equivalent?




So my question is.....
  • In the board's opinion is the NACHI examination "the equivalent" of the NHIE?
  • Will those inspectors who have passed the NACHI examination be allowed to receive a home inspector's license in New Hampshire?
STATE OF NEW HAMPSHIRE APPLICATION FOR LICENSURE AS A

HOME INSPECTOR

$200.00 Application Fee
Category applying for, check one
: Initial License – 80 Hrs. of Board approved Education Initial License – Grandfather Provision License - Reciprocity

Check or Money order Payable to "Treasurer, State of NH" or complete the enclosed credit card form


(All Fees are Non-Refundable) The Application must be filled out completely and legibly.

1. General lnformation


Name __________________________________________________ _______________________


Last First Middle


Names Previously Used (if applicable) Social Security #


Residence Address___________________________________________ __________________( )


zip code


Present Position (Organization & Title)____________________________________________ ____


Business Address___________________________________________ ___________________( )


zip code


Business Phone_________________________ Home Phone_______________________________


E-Mail Address __________________________________________________ _________________


Place of Birth______________________________________DOB____ _______________________


Indicate mailing address by marking X in parenthesis

2. Licensure/Examination Information


Have you passed the


National Home Inspectors or equivalent examination?

If so, location, date and grade awarded: _______________________________________________
(Proof of passing examination must be included with completed application)
Title of Examination Passed____________________________________________ _____________ State in which first registered/certified or licensed as a Home Inspector________________________
Date of Licensure_________________ License/Registration/Certification#_____________________
Expiration Date_________________ License Number _______Licensed by Examination? _________
Licensed by Education & Experience, no exam? __________________________________________


Have you
ever applied for home inspection licensure in New Hampshire? ______ Status ________



APPLICATION INSTRUCTIONS AND CHECKLIST FOR


HOME INSPECTORS


A complete New Hampshire Home Inspector Application and supporting documentation must include the following items:


1. A Check or Money order Payable to "Treasurer, State of NH" or complete the enclosed credit card form for payment of the application fee of $200.00.


2. A completed, legible, signed and dated application.

3. The Board office must receive a criminal record report from the NH Division of State Police.

4. Proof of liability Insurance coverage pursuant to Home 301.03 (b).

5. Proof of passing the National Home Inspectors Examination or *equivalent Board approved Home Inspector competency examination.

6. A listing of 80 hours of Board approved education for individuals not applying pursuant to the grandfather provision.

7. Documentation of course completion which includes certificates of completion indicating successful completion of 80 hours of Board approved education or written confirmation from a training facility/institution indicating the number of instructional hours and the content area of instruction totaling 80 hours of Board approved education.

General - Provide all the information requested on the application form.

Do Not substitute a resume or other synopsis of your experience and/or education for any part of the application form. If additional space is needed, please photocopy that portion.

Verifications for Reciprocity - Enclosed you will find a copy of a blank verification of licensure/registration form. If you have taken the National Home Inspectors Examination in another jurisdiction to obtain licensure or are applying by reciprocity, complete Part A and send the verification form to the jurisdiction along with any fee they may charge. Make copies if needed. For each verification form mailed, you should include a stamped envelope on which you have placed the New Hampshire Board address label.

Examinations - *Acceptance of Board approved equivalent competency exams pertains only to candidates applying for licensure pursuant to the grandfather provision of Home 302.01 (e).







Signed, Frank Carrio, CMI
Certified Master Inspector & Consultant
Certified Commercial Building Inspector
Certified, WDI Inspector
Founder & Current President, New Hampshire State Chapter NACHI
NACHI, State Representative for Legislative Affairs
Retired: ICC Certified Member
Retired: Code Compliance Inspector.
Retired: ASTM Committee Member
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  #6  
Old 7/8/09, 1:12 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: NH inspectors

Who determines what "equivalent" means? The people who sell and profit from the NHIE?

What if someone took a test that "exceeds" the NHIE, like the NACHI exam?
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  #7  
Old 7/8/09, 1:47 PM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
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Posts: 3,970
Default Re: NH inspectors

Here is a "cut and paste" directly from our state law ;

Quote:
II. The board shall adopt one eligibility examination required for licensure that is an independent nationally recognized proctored examination.
End quote:

I provided the following information to the New Hampshire Home Inspectors Licensing Board. They are fully aware that the NHIE is not an "independent" examination in any way shape or form. They are fully aware that the NHIE is an ASHI registered trademark!

Here's the proof that I provided;

http://tess2.uspto.gov/bin/showfield?f=doc&state=4002:f09g0h.2.1

United States Patent and Trademark Office
Home|Site Index|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBiz alerts|News|Help


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Trademarks >Trademark Electronic Search System (TESS)

TESS was last updated on Tue Apr 28 04:06:01 EDT 2009

( Use the "Back" button of the Internet Browser to return to TESS)
Typed Drawing
Word Mark
NHIE
Goods and Services
IC 042. US 100 101. G & S: preparing, administering, and scoring a standardized test in the form of written examinations taken by professional home inspectors to determine their qualifications for association membership and state licensing. FIRST USE: 20000301. FIRST USE IN COMMERCE: 20000301


Mark Drawing Code
(1) TYPED DRAWING

Serial Number
76099552


Filing Date
July 31, 2000

Current Filing Basis
1A


Original Filing Basis
1A


Published for Opposition
January 8, 2002


Registration Number
2555205


Registration Date
April 2, 2002


Owner
(REGISTRANT) American Society of Home Inspectors, Inc. CORPORATION NEW YORK 800 E NORTHWEST HIGHWAY, SUITE 700 PALATINE ILLINOIS 60074
(LAST LISTED OWNER) EXAMINATION BOARD OF PROFESSIONAL HOME INSPECTORS, INC. CORPORATION NEW YORK 800 E NORTHWEST HIGHWAY, SUITE 700 PALATINE ILLINOIS 60074


Assignment Recorded
ASSIGNMENT RECORDED


Attorney of Record
Melissa A. Vallone


Type of Mark
SERVICE MARK


Register
PRINCIPAL


Affidavit Text
SECT 15. SECT 8 (6-YR).


Live/Dead Indicator
LIVE

NOTE:
I have provided this proof during testimony to both the House of Representatives and to the Senate.

So this is not "new information" and there is "no last minute surprise"!



And in spite of this irrefutable, and I repeat the irrefutable proof this licensing board has chosen to ignore the fact that they are in violation of state law by promoting one trade associations registered trademark registered property over all other trade associations examinations!
  • My question is why would they promote an ASHI test to the exclusion of all others?
Could it be that board member David Roth was a former ASHI president and is now the current local ASHI vice president?



Signed, Frank Carrio, CMI
Certified Master Inspector & Consultant
Certified Commercial Building Inspector
Certified, WDI Inspector
Founder & Current President, New Hampshire State Chapter NACHI
NACHI, State Representative for Legislative Affairs
Retired: ICC Certified Member
Retired: Code Compliance Inspector.
Retired: ASTM Committee Member
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  #8  
Old 7/8/09, 3:59 PM
Carla Horne's Avatar
Carla Horne Carla Horne is offline
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Location: Meredith, NH
Posts: 511
Default Re: NH inspectors

Frank,
to answer your questions, regarding "the boards opinion of an equivalent"
I cannot answer for the Board.
your question of will inspectors who have passed the NACHI exam be allowed to receive a license in NH?
There is more to it than just passing of an exam and each individual's complete application submitted with the required documentation will be reviewed individually.
If you need any help with your own application someone at the Board office will be happy to assist you or I will try to answer any questions regarding your application.
Thanks,
Carla
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  #9  
Old 7/8/09, 4:20 PM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
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Default Re: NH inspectors

Quote:
Originally Posted by chorne View Post
Frank,
to answer your questions, regarding "the boards opinion of an equivalent"
I cannot answer for the Board.
your question of will inspectors who have passed the NACHI exam be allowed to receive a license in NH?
There is more to it than just passing of an exam and each individual's complete application submitted with the required documentation will be reviewed individually.
Carla,
In speaking to Chris McDonald our State Chapter Vice President he and I are in agreement that this means that that "Board" can be selective in who can .... or will be.... granted a license.

If you need any help with your own application someone at the Board office will be happy to assist you or I will try to answer any questions regarding your application.
Thanks,
Carla
Carla,
I passed the NHIE is 2003. It is valid for 10-years!

From reading the application it seems that this board had changed the Grandfathering rules!

Also.... the law states that an INDEPENDENT test be taken! The NHIE is owned by ASHI!

This means that ASHI and their test is being PROMOTED over all other tests and over NACHI!

Quote:
II. The board shall adopt one eligibility examination required for licensure that is an independent nationally recognized proctored examination.
End quote:

This means that this Board has violated the Law by choosing the ASHI owned NHIE!
  • This is NOT and independent test!
This Board has PROMOTED the NHIE over all other tests and over NACHI!



Signed, Frank Carrio, CMI
Certified Master Inspector & Consultant
Certified Commercial Building Inspector
Certified, WDI Inspector
Founder & Current President, New Hampshire State Chapter NACHI
NACHI, State Representative for Legislative Affairs
Retired: ICC Certified Member
Retired: Code Compliance Inspector.
Retired: ASTM Committee Member

Last edited by fcarrio; 7/8/09 at 4:40 PM..
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  #10  
Old 7/8/09, 4:37 PM
Devin Bolduc Devin Bolduc is offline
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Location: Freedom, NH
Posts: 129
Default Re: NH inspectors

http://www.gencourt.state.nh.us/RSA/.../310-A-190.htm

III. The board shall approve all education programs under subparagraph I(a) of organizations or education institutions providing acceptable education and training.
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  #11  
Old 7/8/09, 5:11 PM
Gary L. Farnsworth, CMI Gary L. Farnsworth, CMI is offline
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Location: Olathe, KS
Posts: 971
Default Re: NH inspectors

Looks like you have to do what the board says. No more freedoms. You are now working for the government. Taking any test does not make you a good inspector. Licensing will not solve anything; only add to the confusion. Most licensing board members have no idea what they are doing. They only listen to their attorneys, paid by "special interest groups". What a racket. It make me ashamed to be a home inspector if I have to abide by someone else's rules and regulations; all in the interest of making money.
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  #12  
Old 7/8/09, 6:55 PM
Peter C. Russell's Avatar
Peter C. Russell Peter C. Russell is offline
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Location: Rollinsford, NH
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Default Re: NH inspectors

Maybe the powers to be at NACHI should start getting courses and the exam approved.

Here's the application.
Attached Files
File Type: pdf HI course application.pdf (114.7 KB, 13 views)
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  #13  
Old 7/8/09, 7:07 PM
Devin Bolduc Devin Bolduc is offline
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Default Re: NH inspectors

I think that would serve all involved well if it were done.
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  #14  
Old 7/8/09, 9:13 PM
Paul T. Punturieri Paul T. Punturieri is offline
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Location: MOULTONBOROUGH, NH
Posts: 17
Default Re: NH inspectors

Quote:
Originally Posted by chorne View Post
Frank,
to answer your questions, regarding "the boards opinion of an equivalent"
I cannot answer for the Board.
your question of will inspectors who have passed the NACHI exam be allowed to receive a license in NH?
There is more to it than just passing of an exam and each individual's complete application submitted with the required documentation will be reviewed individually.
If you need any help with your own application someone at the Board office will be happy to assist you or I will try to answer any questions regarding your application.
Thanks,
Carla
I'm not real comfortable with this response. Someone needs to have an answer as to whether the NACHI exam is an "equivalent". I sent an email to the board to clarify. As to "There is more to it than just passing of an exam and each individual's complete application submitted with the required documentation will be reviewed individually." There can be no subjectivity in this process. I am licensed in NH in another profession and it's black and white. You either meet the qualifications for licensure or you don't. Yes each application is reviewed individually, but according to the statute. These interpretations and questions need to be made crystal clear by the board so applicants can properly apply and all are treated fairly and in the same manner.

Paul Punturieri
Certified Home Inspections of NH
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  #15  
Old 7/8/09, 10:38 PM
James E. Braun, CMI James E. Braun, CMI is offline
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Default Re: NH inspectors

Carla,
Please explain why the board is not following the "independent" rule set forth in the HI law?
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