NY Council, and help from around the country

[Dan Osborn]

I agree with Joe, we need to watch this counsel to make sure it does not go in a direction it was not intended to go..... for example... here is a paragraph from the minutes of the OCT. meeting....

" W. Clark described the process for getting regulations passed, which begins by making a recommendation to the Department enact a regulation. If the Department decides to proceed, forms will be drafted and presented to the Governor’s Office of Regulatory Reform (GORR) for approval. Once approval is received it would be published, a public comment period would be allowed, public comments would be taken into consideration, and the regulation would be enacted. She informed committee members that once they decide on a regulation, counsel’s office would draft the proposal and help with the approval process. J. Pasaturo asked if regulations should be submitted one at a time or as a group. W. Clark suggested submitting a group of regulations they consider important to the protection of the public. An emergency rule can be drafted to expedite the process, if it can be proven that a particular regulation is a true emergency. "

They havent even got their own house in order yet, and they are asking how they can get new regulations implemented....... this is not a good sign...

I know we should not over react, but this is why we need someone on this board......

Dan

[Donald R. Peterson]

Please note in the following, that the qualifications for a counsumer is three of whom shall be consumers who are the owners and principal residents of a residential building in the state of New York.

It doesn't state anywhere that the comsumer can't be a licensed home inspector. It also give an opportunity for anyone that doesn't have the 5 years experince to get on the board, providing they own a home and live in it.




1. There is hereby established a state home inspection council within the department. The council shall consist of the secretary or the secretary's designee and six additional members who are residents of the state, of whom three shall be persons licensed and actively engaged in the business of home inspection in the state of New York for at least five years immediately preceding their appointment and three of whom shall be consumers who are the owners and principal residents of a residential building in the state of New York. Appointments shall reflect the geographical diversity of the state.
2. For a period of one year after the effective date of this section, and notwithstanding any other provisions of this section to the contrary, the first three home inspectors appointed as members of the committee shall not be required, at the time of their first appointment, to be licensed to practice home inspection, provided that such members be licensed pursuant to this article within one year of appointment.
3. The governor shall appoint each member of the council for a term of three years except that of the members first appointed, two shall serve for terms of three years, two shall serve for terms of two years and two shall serve for a term of one year. The governor shall appoint one home inspector and one consumer solely in his or her discretion, one home inspector and one consumer upon the recommendation of the temporary president of the senate, and one home inspector and one consumer upon the recommendation of the speaker of the assembly. Each member shall hold office until his or her successor has been qualified. Any vacancy in the membership of the council shall be filled for the unexpired term in the manner provided for the original appointment. No member of the council may serve more than two successive terms in addition to any unexpired term to which he or she has been appointed.

any questions on that can be fielded by NYS DOS.
It is not an illegal formation of the council, as long as they own and live in a home in NYS

[Donald R. Peterson]

i have to start using spell check, sorry

[Mike Nelson]

Actually, we have one consumer member who is already a home inspector, Jim Salmon (ASHI Member) on the council.

[Joe Farsetta]

There is hereby established a state home inspection council within the department. The council shall consist of the secretary or the secretary's designee and six additional members who are residents of the state, of whom three shall be persons licensed and actively engaged in the business of home inspection in the state of New York for at least five years immediately preceding their appointment and three of whom shall be consumers who are the owners and principal residents of a residential building in the state of New York. Appointments shall reflect the geographical diversity of the state.

I believe that a compelling argument can be made that the reason ths was done was to limit dominance on the advisory board. Technically, an inspector may be a consumer, but that's not how the law was drafted.

What we have now a board made up EXCLUSIVELY of home inspectors. This is wrong, IMO

[James H. Bushart]

Originally Posted by jfarsetta

I believe that a compelling argument can be made that the reason ths was done was to limit dominance on the advisory board. Technically, an inspector may be a consumer, but that's not how the law was drafted.

You have to be right about this, Joe. If not, an association could tilt the whole board by having three of its members appointed as "consumers".

At the early stages of development and in the absence of specific written directive, the board is establishing precedence. This is one you can certainly do without.

[Donald R. Peterson]

The spirit of the Law is not what is written.
The qualifications for a consumer are clearly stated without the preclusion of licensed Home Inspectors.
The only way to change that is through legislation, or civil action. If you need clarification the Dept of State will also tell you the same thing.
You must read what the law states, without your own interpretation of it's meaning.
What it states, is law and we can request a change or clarification on that, but do not make your own case law or interpretation of the law.

[Leonard E. Ungar]

Donald;
You are 100% correct, the state should clarify not the individual.
Dan or Joe since you guys have the in, give the state a call and ask for a explanation, then let everyone know what they said ????
I really don't think that it should be that hard and that would put an end to the bickering on that subject atleast.
Len

[Joe Farsetta]

I do not believe that the consumer can be a licensed HI in NY. Otherwise, there wouldnt be the a distinction between the two.

[Donald R. Peterson]

Lets get our facts straight:
Each of the 5 following individuals are licensed in NYS as a Home Inspector.
So, James and Robert were appointed as consumers, but are currently licensed Home inspectors. We could start a grass roots lobbying effort to get them removed from the board, but we would first have to get the definition of a consumer changed within Article 12-B Real Property Law Section 444-c.
That could be accomplished by a lobbying effort to change the law, or possibly a lawsuit.
But I have to state one more time:
The qualifications for a consumer are clearly stated without the preclusion of licensed Home Inspectors

Member Name and Address Category Appointed by Term
Christopher L. Jacobs
Secretary of State
41 State Street
Albany, NY 12231

Statutory


Paul Gressin
1057 Mora Place
Woodmere, NY 11598


Industry Member


Governor



Joseph A. Pasaturo PE
PO Box 280-291
Brooklyn, NY 11228


Industry Member


Governor



Joseph M. Whittington
Cash Realty & Auctions
1325 Main Street
Buffalo, NY 14209


Industry Member


Temp. Pres. Of the Senate



James R. Salmon
14100 Maple Street
Albion, NY 14411


Consumer


Temp. Pres. Of the Senate



Robert Piwko
2597 Pleasant Avenue
Lake View, NY 14085



Consumer


Speaker of the Assembly



Vacant


Consumer


Speaker of the Assembly

[Donald R. Peterson]

Here is the details for the Thursday night call to discuss this issue, all are welcome

Type of Conference (edit) : Web-Scheduled Standard
Conference Start Date (edit) : Thursday, March 08, 2007
Conference Start Time (edit) : 8:00 PM Eastern Std Time
Conference End Time (edit) : 9:55 PM Eastern Std Time
Number of Participants (edit) : 30
Participant Access Code (edit) : 71844