PA SB359 March 11 2008

[Scott Gilligan, CMI]

Just thought all the PA guys should read this. This is the new revision of good old Senate Bill 359. Read it carefully!!! There is a lot of things in there that can put people out of business. There are also things in there about them trying to regulate ancillary services even though they are seperate state licenses.

Here is a guide to reading Bills if you never read them before:

• center scored sections are intended to be deleted
• plain text is inteneded to be kept as is
• underscored text is proposed additions

My opinion still stands. This Bill SUCKS the way it is written!!!

http://www.legis.state.pa.us/CFDOCS/...r=0359&pn=1816

[Scott Gilligan, CMI]

This Bill is scheduled to be presented on Monday March 17, 2008 to the Pennsylvania Senate.

http://www.legis.state.pa.us/WU01/LI/SC/SC/0/RC/CAL.HTM


Is there any way InterNACHI can get some people there to represent our interests?

[Nick Gromicko]

State specifically what you don't like about it.

[Scott Gilligan, CMI]

APPLICANT MUST FULFILL ALL OF THE FOLLOWING REQUIREMENTS: 2 (1) BE OF GOOD MORAL CHARACTER. 3 (2) BE 18 YEARS OF AGE OR OLDER. 4 (3) EXCEPT AS PROVIDED UNDER SUBSECTION (A.1), HAVE 5 SUCCESSFULLY COMPLETED THE PENNSYLVANIA PEST MANAGEMENT 6 ASSOCIATION ACCREDITED WOOD DESTROYING INSECT INSPECTORS 7 TRAINING COURSE.
So...they want you to take a third part course that has no government affiliation as a licensure requirement even if you don't do WDI inspections? 8 (4) HAVE SUCCESSFULLY COMPLETED AN EXAMINATION APPROVED 9 AND ADMINISTERED BY A THIRD-PARTY TESTING ORGANIZATION. 10 (5) PAY THE FEE SET BY THE BOARD. 11 (A.1) CATEGORY 12 CERTIFICATION.-- 12 (1) IF A HOME INSPECTOR OR PEST INSPECTOR CHOOSES TO 13 OFFER WOOD DESTROYING INSECT INSPECTION SERVICES FOR REAL 14 ESTATE TRANSACTIONS IN THIS COMMONWEALTH, THE INSPECTOR SHALL 15 BE A LICENSED PEST CONTROL OPERATOR WITH CATEGORY 12 16 CERTIFICATION OR SHALL BE A DEPARTMENT OF AGRICULTURE 17 LICENSED INSPECTOR WITH CATEGORY 12 NA CERTIFICATION AND 18 SHALL HAVE SUCCESSFULLY COMPLETED THE PENNSYLVANIA PEST 19 MANAGEMENT ASSOCIATION ACCREDITED WOOD DESTROYING INSECT 20 INSPECTORS TRAINING COURSE, OR ITS EQUIVALENT, AND SHALL BE 21 CURRENTLY ACCREDITED.
There is no such thing as a NA certification with the Department of Agriculture.
HUD/FHA/VA and Pennsylvania Association of Realtors will only recognize an NPMA 33
form signed by a licensed pesticide applicator with a valid business license
22 (2) IN THE EVENT THAT AN ANCILLARY SERVICE IS PERFORMED 23 BY A LICENSED HOME INSPECTOR, THE INSPECTOR SHALL, IN 24 ADDITION TO THE REQUIREMENTS UNDER PARAGRAPH (1), BE LICENSED 25 OR CERTIFIED TO PERFORM THAT SERVICE AS REQUIRED BY STATE 26 REGULATION. INSPECTORS FOUND TO BE PERFORMING ANCILLARY 27 INSPECTIONS FOR THE HOME-BUYING PUBLIC WITHOUT THE REQUIRED 28 LICENSE OR CERTIFICATION SHALL BE SUBJECT TO DISCIPLINE BY 29 THE BOARD.

[cduphily]

Why are they writing a licensure bill prior to setting a committee based on fair representation of all Inspection organizations.

Was NACHI consulted on the requirements for licensure? If not who was?

"HAVE COMPLETED NO LESS THAN 100 FEE-PAID INSPECTIONS
5 PER YEAR OVER THE FIVE YEARS IMMEDIATELY PRECEDING."

So any inspector with 4 or less years experience has to take another entrance course and pass another test and shell out the cash for this course/test. Then pay for a license.

I can't find it right now but there is also a 40 hour provision of "supervised in field training" .... I'm sure fee's will be imposed for this "training" and who provides the training? Possibly PHIC who is currently having financial troubles ... how convenient.

Chris Duphily (not a lawyer) (* disclaimer borrowed from Tom Deitrich also not a lawyer)

[Scott Gilligan, CMI]

§ 75A20. INTERNS. 9 (A) ELIGIBILITY.--TO BE ELIGIBLE FOR A HOME INSPECTOR INTERN 10 PERMIT, AN APPLICANT SHALL HAVE DONE ALL OF THE FOLLOWING: 11 (1) HAVE SUCCESSFULLY COMPLETED HIGH SCHOOL OR ITS 12 EQUIVALENT. 13 (2) HAVE ENROLLED IN AND COMPLETED A BOARD-APPROVED 14 TRAINING PROGRAM THAT MEETS THE REQUIREMENTS OF REGULATIONS
15 ADOPTED BY THE BOARD RELATING TO 120-HOUR CLASS TIMES.
Hmmmm...Sounds like a really expensive RAMP program to me!!!
16 (3) HAVE AN IDENTIFIED SUPERVISOR WHO IS LICENSED AS A 17 HOME INSPECTOR UNDER THIS CHAPTER, IS IN GOOD STANDING AS A 18 HOME INSPECTOR AND HAS AGREED TO PERFORM SUPERVISORY 19 FUNCTIONS AS DESCRIBED UNDER SUBSECTION (C). 20 (4) HAS PAID A FEE AS ESTABLISHED BY THE BOARD. 21 (B) EXAMINATION.--UPON COMPLETION OF A BOARD-APPROVED 22 TRAINING PROGRAM THAT MEETS THE REQUIREMENTS OF THE REGULATIONS 23 ADOPTED BY THE BOARD, THE HOME INSPECTOR INTERN MAY TAKE THE 24 HOME INSPECTOR LICENSURE EXAMINATION. IF THE INTERN DOES NOT 25 PASS HIS LICENSURE EXAMINATION, THE INTERN MAY TAKE UP TO TWO 26 ADDITIONAL EXAMINATIONS DURING THE ONE-YEAR PERIOD COMMENCING ON 27 THE DATE OF THE APPLICANT'S FIRST EXAMINATION APPLICATION. IF 28 THE APPLICANT DOES NOT PASS A THIRD EXAMINATION, THE APPLICANT 29 MAY NOT BE EXAMINED AGAIN UNTIL ONE YEAR AFTER THE DATE OF THE 30 THIRD EXAMINATION.
20070S0359B1816 - 57 -
1 (C) SUPERVISION.--A HOME INSPECTOR INTERN SHALL PERFORM 2 FUNCTIONS OF A HOME INSPECTOR ONLY UNDER THE SUPERVISION OF A 3 LICENSED HOME INSPECTOR AND IN ACCORDANCE WITH RULES AND 4 REGULATIONS ADOPTED BY THE BOARD. THE SUPERVISION SHALL BE 5 DIRECT SUPERVISION FOR A MINIMUM OF 100 INSPECTIONS. FOR THE 6 PURPOSE OF THIS SUBSECTION, "DIRECT SUPERVISION" MEANS THE 7 SUPERVISOR SHALL BE PRESENT AT THE SITE OF A HOME INSPECTION 8 WHERE THE HOME INSPECTOR INTERN IS ASSIGNED 100% OF THE TIME AND 9 THE SUPERVISOR SHALL COUNTERSIGN ALL DOCUMENTS PREPARED AND 10 COMPLETED BY THE HOME INSPECTOR INTERN. 11 (D) RESPONSIBILITY.--THE LICENSED HOME INSPECTOR SUPERVISING 12 THE HOME INSPECTOR INTERN SHALL BE RESPONSIBLE FOR ALL
13 INSPECTIONS DONE BY THE HOME INSPECTOR INTERN UNDER THE LICENSED
14 HOME INSPECTOR'S CHARGE.
How can they expect a Licensed Home Inspector to provide direct supervision of
an INTERN when you can't hire that person to work for you
because they aren't licensed? Seems a little contradicting to me.
Who's E&O insurance is this mentoring supposed to go under?
Is the INTERN supposed to have his own insurance? 15 (E) AGREEMENT.--AS A CONDITION FOR APPLYING FOR AN INTERN 16 HOME INSPECTOR'S LICENSE, THE APPLICANT SHALL AGREE IN WRITING 17 TO PARTICIPATE IN AND PERFORM THE TRAINING, FUNCTIONS AND 18 RESPONSIBILITIES PRESCRIBED FOR INTERN HOME INSPECTORS AND SHALL 19 AGREE TO UPHOLD STANDARDS OF ETHICS AND PROFESSIONAL CONDUCT 20 PRESCRIBED BY THE BOARD.

[cduphily]

SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL
LICENSURE, AS AMENDED, MARCH 11, 2008

Yet they are voting on this bill March 18th ... a tad rushed don't you think?

[Scott Gilligan, CMI]

Originally Posted by cduphily

Why are they writing a licensure bill prior to setting a committee based on fair representation of all Inspection organizations.

Was NACHI consulted on the requirements for licensure? If not who was?

"HAVE COMPLETED NO LESS THAN 100 FEE-PAID INSPECTIONS
5 PER YEAR OVER THE FIVE YEARS IMMEDIATELY PRECEDING."

So any inspector with 4 or less years experience has to take another entrance course and pass another test and shell out the cash for this course/test. Then pay for a license.

I can't find it right now but there is also a 40 hour provision of "supervised in field training" .... I'm sure fee's will be imposed for this "training" and who provides the training? Possibly PHIC who is currently having financial troubles ... how convenient.

So...if you were in business for 4 years...this is going to mean sitting your butt back in some vocational school for 120 hours at probably no less than $4,000 to listen to someone teach you stuff you have seen a million times and have written up. Why work the PHIC RAMP program at $100 a ride-a-long...just open a Pennsylvania Home Inspector School. You can make a lot more and have to do a lot less. Hell...you will probably have 10-15 experienced home inspectors sitting in the class at $4,000.00 a piece.

[Scott Gilligan, CMI]

Does the term Restriction of Trade mean anything?

[James H. Bushart]

Opponents to this bill need to organize. Do you have a chapter?

[Scott Gilligan, CMI]

SECTION 2.1. FOR ONE YEAR FROM THE EFFECTIVE DATE OF THIS
26 SECTION, AN APPLICANT WHO MEETS ALL OF THE REQUIREMENTS OF
27 FORMER 68 PA.C.S. CH. 75 AND THIS SECTION MAY BE LICENSED AS A
28 HOME INSPECTOR WITHOUT HAVING TO COMPLETE A BOARD-APPROVED
29 TRAINING PROGRAM OR COURSE OF STUDY INVOLVING THE PERFORMANCE OF
30 HOME INSPECTIONS. THE APPLICANT MUST:
20070S0359B1816 - 60 -
1 (1) BE AT LEAST 18 YEARS OF AGE.
2 (2) HAVE PASSED A WRITTEN EXAMINATION TO TEST COMPETENCE
3 IN HOME INSPECTION PRACTICE.
4 (3) HAVE COMPLETED NO LESS THAN 100 FEE-PAID INSPECTIONS
5 PER YEAR OVER THE FIVE YEARS IMMEDIATELY PRECEDING.
6 (4) SHOW PROOF OF PROFESSIONAL LIABILITY INSURANCE
7 CONSISTENT WITH 68 PA.C.S. § 75A09.

What about the inspectors that have set up their business, paid thousands of dollars already, and make their living doing inspections? You can't take away someone's livelyhood just like that or expect them to shell out a rediculous amount of money to become complaint.

Licensure should not be about the quantity of inspections you have done. It needs to focus on the QUALITY of inspections that are done.
There are plenty of hack inspectors out there that give a couple page report and leave out a million and one defects, but they get the quantity of inspections because they undercut, write soft reports, and spend less than an hour on site. How is that supposed to be a better inspector than someone who spends the time, documents everything, and follows up on their work?

[cduphily]

Originally Posted by sgilligan1

Does the term Restriction of Trade mean anything?

Illegally interfering with free marketplace participation. Regulated by the Federal Trade Commission.

Contracts or combinations that tend, or are designed, to eliminate or stifle competition, create a Monopoly, artificially maintain prices, or otherwise hamper or obstruct the course of trade as it would be carried on if it were left to the control of natural economic forces.
As used in the Sherman Anti-Trust Act (15 U.S.C.A. § 1 et seq.), unreasonable restraints of trade are illegal per se and interfere with free competition in business and commercial transactions. Such restraint tends to restrict production, affect prices, or otherwise control the market to the detriment of purchasers or consumers of goods and services. A restraint of trade that is ordinarily reasonable can be rendered unreasonable if it is accompanied by a Specific Intent to achieve the equivalent of a forbidden restraint. Link

[Scott Gilligan, CMI]

Here is a link to all the Pennsylvania Senators.

If you think that there is even one thing wrong with this Bill, I urge you to write them to reconsider how this Bill is written.

[cduphily]

Originally Posted by sgilligan1

Here is a link to all the Pennsylvania Senators.

If you think that there is even one thing wrong with this Bill, I urge you to write them to reconsider how this Bill is written.

If your not sure which district your in....District Maps
Text Version

[Scott F. Coslett]

Page 44, Line 12:

(1) IF A HOME INSPECTOR OR PEST INSPECTOR CHOOSES TO OFFER WOOD DESTROYING INSECT INSPECTION SERVICES FOR REAL ESTATE TRANSACTIONS IN THIS COMMONWEALTH, THE INSPECTOR SHALL BE A LICENSED PEST CONTROL OPERATOR WITH CATEGORY 12 CERTIFICATION OR SHALL BE A DEPARTMENT OF AGRICULTURE LICENSED INSPECTOR WITH CATEGORY 12 NA CERTIFICATION AND SHALL HAVE SUCCESSFULLY COMPLETED THE PENNSYLVANIA PEST MANAGEMENT ASSOCIATION ACCREDITED WOOD DESTROYING INSECT INSPECTORS TRAINING COURSE, OR ITS EQUIVALENT, AND SHALL BE CURRENTLY ACCREDITED.

What is this referring to?? PA Dept. Of Agriculture DOES NOT offer an 'inspector' license. The Dept of Agriculture DOES offer an 'Applicator' license, but this refers to those who apply pesticides. As a home inspector I have no desire to apply pesticide, nor do I have any desire to carry the necessary insurance (comprehensive general liability $200,000 coverage) for an activity I don't participate in.