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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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  #31  
Old 4/4/07, 6:04 PM
Peter C. Russell's Avatar
Peter C. Russell Peter C. Russell is offline
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Default Re: Say "NO" to Grandfathering

My position on grandfathering is if you are in business and registered with the state and then a law gets passed in which you do not meet the requirements, you should be allowed sufficient time to meet those requirements.

My opostion here in NH on this matter was the state will unlawfully take away my privilege to conduct my business that it granted to me in 2004 without allowing me sufficient time to meet the new requirements.

If I have to close my business for two weeks, travel out of state to attend a school so I can meet the education requirements of the new law then the state should grant me enough time to complete this undertaking. Education was a big issue with licensing in NH because there is none.
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  #32  
Old 4/4/07, 6:10 PM
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Joseph Burkeson, CMI Joseph Burkeson, CMI is offline
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Default Re: Say "NO" to Grandfathering

Quote:
Originally Posted by prussell
My position on grandfathering is if you are in business and registered with the state and then a law gets passed in which you do not meet the requirements, you should be allowed sufficient time to meet those requirements.
I agree everyone currently in business should be afforded any & all opportunity and time to meet whatever qualifications are required.



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  #33  
Old 4/4/07, 6:41 PM
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Default Re: Say "NO" to Grandfathering

Quote:
Originally Posted by jburkeson1
I agree everyone currently in business should be afforded any & all opportunity and time to meet whatever qualifications are required.
So do I. But they should indeed "meet" them and not have them waived by a "grandfather" clause. Every holder of a license should be required to meet the same set of standards.



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  #34  
Old 4/4/07, 6:50 PM
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gbeaumont gbeaumont is offline
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Default Re: Say "NO" to Grandfathering

Quote:
Originally Posted by jbushart
So do I. But they should indeed "meet" them and not have them waived by a "grandfather" clause. Every holder of a license should be required to meet the same set of standards.
James,

I have to agree with you on this, it has always annoyed the heck out of me that members of one particular org have side-stepped NHIE on the basis that they had taken that exam before it morphed into what it is today. No one can possibly compare the old trade org (unproctored) exam with the proctored NHIE or its equivalents.

Regards

Gerry



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  #35  
Old 4/4/07, 11:48 PM
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Default Re: Say "NO" to Grandfathering

Quote:
Originally Posted by kmcmahon
Grandfathering = Bad
Reciprocity from another licensed state = Good.
Agreed on both, they did the grandfathering thing here in Illinois. I also agree with Peter, you should meet the requierment, but also be granted the time to do so. But if one can not meet the requeriment then one should then find something else to do... Once upon a time barbers were also surgeons



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Last edited by jkormos; 4/4/07 at 11:52 PM..
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  #36  
Old 4/5/07, 2:12 AM
rmccullough rmccullough is offline
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Default Re: Say "NO" to Grandfathering

ASHI tried three times, hard to pass a HI bill here in Colorado a few years ago, very poorly written and MADE it a REQUIREMENT that HI's HAD to belong to a National Organization, words in the bill "LIKE ASHI", to me a membership drive, I was firmly against it then as I am now.

I don't wish some government dweeb telling me WHAT, WHEN or HOW I conduct my business.

They got three strikes against the HI bills,, now they can't EVER try AGAIN.

Thank you to all the HI's that went and helped kill that bill.

Just my opinion
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  #37  
Old 4/5/07, 4:03 AM
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Joseph Burkeson, CMI Joseph Burkeson, CMI is offline
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Default Re: Say "NO" to Grandfathering

Quote:
Originally Posted by rmccullough
ASHI tried three times, hard to pass a HI bill here in Colorado a few years ago, very poorly written and MADE it a REQUIREMENT that HI's HAD to belong to a National Organization, words in the bill "LIKE ASHI", to me a membership drive, I was firmly against it then as I am now.

I don't wish some government dweeb telling me WHAT, WHEN or HOW I conduct my business.

They got three strikes against the HI bills,, now they can't EVER try AGAIN.

Thank you to all the HI's that went and helped kill that bill.

Just my opinion
Wish Florida had a three strikes & your out program.



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  #38  
Old 4/6/07, 1:11 AM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: Say "NO" to Grandfathering

Gerry -

For general conversation. At one time the old ASHI Test was 3 tests. Proctored either on paper or by electronic testing. Higher fail ratio than today. At one point members of the BOD asked the consultant working on the new shorter version one, how it stacked up the old one. He indicated that due to the length of the old test(s), failure ratio, etc it was about parr.

If I remember right I think because of that, CT may have originally ok'd the old ASHI Tests as well as the new NHIE.
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  #39  
Old 4/6/07, 10:43 AM
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Joseph Burkeson, CMI Joseph Burkeson, CMI is offline
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Default Re: Say "NO" to Grandfathering

Quote:
Originally Posted by dbowers
If I remember right I think because of that, CT may have originally ok'd the old ASHI Tests as well as the new NHIE.
Well isn't that convenient, I could really care less what they choose to do as qualifications in regards to their association membership but when it comes to state mandated licensing I do not believe the same courtesy should be afforded to those who have not meet the letter of the law, do you?

Everyone who receives a license must meet the same standards, grandfathering and giving a free pass to some ancient unproven test weakens the value of the license in the marketplace and puts the consumer at risk. The only fair option is to require all licensees to conform to all requirements without exception, that is the only way to be sure that everyone has truly met the minimum standards.

Free rides for grandfathers should be limited to attractions at the State Fair and removed from State Licensing legislation.



"By three methods we may learn wisdom: First, by reflection, which is noblest; Second, by imitation, which is easiest; and third by experience, which is the bitterest." -Confucius


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Last edited by jburkeson1; 4/6/07 at 10:54 AM..
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  #40  
Old 4/6/07, 11:29 AM
Joe Farsetta's Avatar
Joe Farsetta Joe Farsetta is offline
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Default Re: Say "NO" to Grandfathering

Dan,

If by CT, you are referring to Connecticut, the legislature nixed the NHIE before the bill became law. It was NEVER accepted for licensure, only PROPOSED.

Connecticut, like NY, opted to write its own test.

Remember, all, that the purpose of ANY law it to ensure a minimum level of competency. One can easily argue that the old NHIE had ASHI-based questions in it, which had nothing to do with establishing a legally acceptable minimum level of competency.

I'm not saying that it wasnt a good test, or was too hard.
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  #41  
Old 4/6/07, 12:08 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Say "NO" to Grandfathering

Quote:
Originally Posted by jfarsetta
Remember, all, that the purpose of ANY law it to ensure a minimum level of competency.
You obviously have not read Missouri HB 978, Joe. There are no standards even mentioned.

In this case, the purpose of the law is to establish control. For a hint as to which group, look at the occupation of the first person named to the controlling "commission".

It is not going to pass, but the real estate salesmen (and the home inspector association owned by them) will fight it to the end.



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  #42  
Old 4/6/07, 2:23 PM
Larry D. Kage Larry D. Kage is offline
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Default Re: Say "NO" to Grandfathering

I'm for GRANDFATHERING, thank you...

Oh, wrong thread...
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  #43  
Old 4/6/07, 2:43 PM
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gbeaumont gbeaumont is offline
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Default Re: Say "NO" to Grandfathering

Quote:
Originally Posted by dbowers
If I remember right I think because of that, CT may have originally ok'd the old ASHI Tests as well as the new NHIE.
Hi Dan,

I know Massachusetts acepted the older test, my point is that all inspectors should be required to prove their competence to the same standards.

Regards

Gerry



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  #44  
Old 4/8/07, 11:40 AM
Dan Bowers, CMI Dan Bowers, CMI is offline
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Default Re: Say "NO" to Grandfathering

Joe -
I can remember that we were told several years ago that for the initial go around in CT that people that had taken the Old ASHI, the new NHIE, and etc were being grandfathered. What happened after I have no idea. If I understand your post, you said they wrote their own Test eventually, BUT what did they accept or Not for the initial Grandfathering. OR Are you saying they waited until they had written their own test to start licensing, etc.
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  #45  
Old 4/8/07, 5:50 PM
Ted Allen Ted Allen is offline
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Default Re: Say "NO" to Grandfathering

Quote:
Originally Posted by gbeaumont
Hi Dan,

I know Massachusetts acepted the older test, my point is that all inspectors should be required to prove their competence to the same standards.

Regards

Gerry

I agree.
We do not have a grandfathering clause here (as far as I know), but we have some 30 year HI's that do not seem to know diddly squat about the new codes and this is a real problem.

I was jacked up by a Realtor ( I had done a pre-listing inspection) about some things that I called out, like- no receptical in the bathroom and no ground for the fridge ect. I was told that the buyers inspector had been doing this for 20 years and I must amend my report as I am obviously wrong. Well, it actually went all the way to the AHJ and they said "I do not know it was before my time" LMAO. So, I told them to call a sparky as was in the report. Long story short the new owner called me and thanked me for pointing out the problems.

Strangley enough I have not heard from the Realtor.
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