PA Senate Bill 1364

[Joseph Hagarty, CMI]

http://www.legis.state.pa.us/CFDOCS/...r=1364&pn=2158

[John Bowman]

OH MY!!!

Thanks Joe. I've updated http://nachinat.com/stateslawsandnews.aspx

[James H. Bushart]

Wow. PHIC..er...I mean "The Board" gets to set up the state's mentoring program. This should be very, very interesting.

[Nick Gromicko]

I'm in favor of it. Licensing anywhere is a windfall for NACHI. But licensing in PA particularly would be great where scam organizations like PHIC trick inspectors out of their hard earned savings and give them absolutely nothing in return.

I'll take it.

Let's get everyone a state license, let PA take over the credential issuing business, let the REALTORs point to the "licensed" list when referring an inspector, and see what association is left standing after it hits. Hint... It will be the one that offers all the benefits: http://www.nachi.org/benefits.htm There is a reason NACHI has more members than the other associations combined... and licensing only helps.

[Nick Gromicko]

I also like it because it is another state that outlaws scumbag NAHI and their unconscionable ethics:

This 4 page letter from scumbag NAHI: http://www.nachi.org/the_lady_doth_p...h_methinks.htm

This from the proposed legislation:


20060S1364B2158 - 18 -

1 the employer of a home inspector shall be deemed to be an unfair 2 or deceptive act or practice as defined by section 2(4)(i) 3 through (xxi) of the Unfair Trade Practices and Consumer 4 Protection Law: 5 (1) Performing or offering to perform for an additional 6 fee any repairs to a structure with respect to which the home 7 inspector, the employer of the home inspector or such other 8 business or person has prepared a home inspection report 9 within the preceding 12 months, except that this paragraph 10 shall not apply to remediation for radon or wood destroying 11 insects. 12 (2) Inspecting for a fee any property in which the home 13 inspector, the employer of the home inspector or such other 14 business or person has any financial interest or any interest 15 in the transfer of the property, including, without 16 limitation, engaging in a pay-to-play scheme whereunder the 17 home inspector receives a direct or indirect consideration 18 for receiving services leads towards providing home 19 inspection services, or receipt of a commission as an agent, 20 unless the financial interest or interest in the transfer of 21 the property is disclosed in writing to the buyer before the 22 home inspection is performed and the buyer signs an 23 acknowledgment of receipt of the disclosure. 24 (3) Offering or delivering any commission, referral fee 25 or kickback to the seller of the inspected property or to an 26 agent for either or both of the seller and the buyer for the 27 referral of any business to the home inspector, the employer 28 of the home inspector or such other business or person. 29 (4) Accepting an engagement to perform a home inspection 30 or to prepare a home inspection report in which the 20060S1364B2158 - 19 - 1 employment itself or the fee payable for the inspection is 2 contingent upon the conclusions in the report, preestablished 3 or prescribed findings or the closing of the transaction. 4 (5) Participation, by any real estate broker or agent, 5 directly or indirectly, in a pay-to-play scheme in which the 6 home inspector receives a direct or indirect consideration 7 for receiving service that leads towards providing home 8 inspection services.

[James H. Bushart]

Nick,

While I share your enthusiasm for ethical behavior --- what makes you think that this bill will read this way when it leaves committee and enters the legislative floor for amendment and compromise? Will not the PHIC-heads, real estate salespeople, and NAHI "inspectors" have some input before it is over?

Then...read the bill and the power it gives the governing board. Stack this board with any combination of ASHI, NAHI, PHIC or otherwise and you could have a board mandating a preferred vendor list for home repair and inspection, among other travesties.

I think it is a mistake to back this legislation.

[Joseph Hagarty, CMI]

Originally Posted by gromicko

I'm in favor of it. Licensing anywhere is a windfall for NACHI. But licensing in PA particularly would be great where scam organizations like PHIC trick inspectors out of their hard earned savings and give them absolutely nothing in return.

I'll take it.

Let's get everyone a state license, let PA take over the credential issuing business, let the REALTORs point to the "licensed" list when referring an inspector, and see what association is left standing after it hits. Hint... It will be the one that offers all the benefits: http://www.nachi.org/benefits.htm There is a reason NACHI has more members than the other associations combined... and licensing only helps.

Nick,

You need to reread the Proposed Amendment.

The Associational Membership requirement for Certification remains.

The HI Review Board will determine which Organizations are deemed Compliant.

21 (a) Powers of board.--The board, through the promulgation of
22 administrative rules and regulations, shall:
23 (1) Establish the requirements for and prescribe the
24 form of licenses, applications and other documents that are
25 required for home inspectors to be licensed under this
26 chapter.
27 (2) Grant, deny, suspend and revoke approval of
28 examinations and courses of study regarding home inspections;
29 establish standards for continuing home inspection education,
30 including, without limitation, the subject matter and content
20060S1364B2158 - 7 -


--------------------------------------------------------------------------------

1 of courses of study and the selection of instructors; and
2 approve other equivalent educational programs and establish
3 procedures for the issuance of credit upon satisfactory proof
4 of the completion of these programs.
5 (3) Issue, deny, suspend and revoke licenses in
6 accordance with this chapter.
7 (4) Establish and maintain a current list of home
8 inspectors who are registered or licensed. The list shall be
9 available for public inspection, including by electronic
10 means.
11 (5) Establish and maintain a current list of national
12 home inspectors associations approved by the board as meeting
13 the requirements of this chapter. Any national home
14 inspectors association approved by the board must provide the
15 board initially, and upon request, with a list of its members
16 in this Commonwealth. Once approved, the association shall
17 notify the board within 30 days when any of its members in
18 this Commonwealth fail to maintain their membership in the
19 association or are otherwise not in compliance with the rules
20 of the association.




NACHI could potentially be eliminated in PA with 1 vote.

[Carla Horne]

another war and peace novel.
seems like alot of states just try to follow suit
and in the mean time try to reinvent the wheel.

The court system in this country is not perfect but
it does work!

CJ

[dharris]

NACHI could potentially be eliminated in PA with 1 vote.[/quote]

Cool.... I just purchased property in Pa. Where do I sign up to vote..

Gosh it would be such a pleasure to see ole nicky lose by one vote [ Mine ] and see nahi get approved over nachi after all his wrong and inaccurate public bashing of nahi.

[James H. Bushart]

Originally Posted by chorne

seems like alot of states just try to follow suit

I don't believe that state governments, faced with actual legitimate issues that they are forced to deal with, come up with this type of legislation. I think that is drafted, first, by the special interest group and then a legislator (or two) is drafted to support/propose it.

This one should be relatively easy to defeat.

[Nick Gromicko]

I like the rule that requires us to notify the board when a member leaves NACHI. I'm very much in favor of it.

What I really like is that the statute clearly defines National Home Inspection Associations leaving little subjectivity.

I will seek an ammendment to further define National Home Inspection Associations as those associations with COEs that prohibit their members from offering to make repairs on any home they inspect, thus making it illegal for scumbag NAHI members to operate in Pennsylvania altogether (unless they join another association). This will be an easy ammendment as it is in line with the spirit of the legislation. Scumbag NAHI members can go work at McDonalds.

I am in strong support of this legislation.

[John Bowman]

11 (5) Establish and maintain a current list of national
12 home inspectors associations approved by the board as meeting
13 the requirements of this chapter. Any national home
14 inspectors association approved by the board must provide the
15 board initially, and upon request, with a list of its members
16 in this Commonwealth. Once approved, the association shall
17 notify the board within 30 days when any of its members in
18 this Commonwealth fail to maintain their membership in the
19 association or are otherwise not in compliance with the rules
20 of the association.

Imagine that. NACHI's status as a Federally and Pennsylvania state approved non-profit Home Inspection association needs to meet the approval of a few individuals. Even though NACHI is already registered and issued an E.I. Number by the Federal Gov't for our Pa. based association. (Unreal). Guess who wrote this piece of crap. In the famous words of Mr. Bushart. PHUC PHIC!! In addition approval will be based on "a nationally approved psychometric exam" approved by a firm that quite conveniently has already certified the NHIE exam.

Tomorrow I will post a letter of agreement between the EPBHI (?) the people running the NHIE Test for ASHI, and ASHI Directors. Makes for excellent reading. In addition I again urge everyone to use extreme caution when being approached by these new makeshift state coalitions. There is more behind the scenes than meets the eye, and I would love to epand on this further with documented proof, but...not here. Not here in the open.

[Nick Gromicko]

An appointed board can't disaprove associations will nilly (like PHIC, a private group that a PA judge said has no enforcement authority whatsoever), especially when associations are defined by statute:

Establish and maintain a current list of national home inspectors associations approved by the board as meeting the requirements of this chapter:

"National home inspectors association." Any national association of home inspectors that:

(1) Is operated on a not-for-profit basis and is not operated as a franchise.
(2) Has members in more than ten states.
(3) Requires that a person may not become a full member unless the person has performed or participated in more than 100 home inspections and has passed a recognized or accredited examination testing knowledge of the proper procedures for conducting a home inspection.
(4) Requires that its members comply with a code of conduct and attend continuing professional education classes as an ongoing condition of membership.

The definition is no different than the CURRENT PA HOME INSPECTION LAW which has been in effect for years. That part hasn't changed.

[bkelly1]

Originally Posted by gromicko

I like the rule that requires us to notify the board when a member leaves NACHI. I'm very much in favor of it.

What I really like is that the statute clearly defines National Home Inspection Associations leaving little subjectivity.

I will seek an ammendment to further define National Home Inspection Associations as those associations with COEs that prohibit their members from offering to make repairs on any home they inspect, thus making it illegal for scumbag NAHI members to operate in Pennsylvania altogether (unless they join another association). This will be an easy ammendment as it is in line with the spirit of the legislation. Scumbag NAHI members can go work at McDonalds.

I am in strong support of this legislation.

So, do we have a new stance on legislation. Come on Jim, get em.

[Nick Gromicko]

I do in my home state. Especially after we...

1. had to suffer through the PHIC Scam: www.nachi.org/phicscam.htm which this legislation will end.
2. had to suffer through Scumbag NAHI's total lack of ethics: http://www.nachi.org/the_lady_doth_p...h_methinks.htm which this legislation will end.

We already have home inspection legislation in force in PA, but this legislation solves the aforementioned problems.

I'm all for it.