State Licensure Grandfathering

[Scott Gilligan, CMI]

I am asking for help compiling a list of all the licensed states grandfathering requirements. If you live or work in a licensed state, can you please copy and paste your state's grandfathering clause to this thread. Please indicate what state it is from and provide a link to the current law.

I will be using this information as a comparison to the proposed legislation in Pennsylvania. Any help woul be greatly appriciated.

Thanks in advance!

[Nick Gromicko]

NY grandfathered all InterNACHI members last year.

[rmaday]

IL grandfathering has long since passed but if I recall correctly, one needed to have 200+ inspections (in lieu of 60hrs classroom) AND pass the state exam.

[James H. Bushart]

Originally Posted by sgilligan1

I am asking for help compiling a list of all the licensed states grandfathering requirements. If you live or work in a licensed state, can you please copy and paste your state's grandfathering clause to this thread. Please indicate what state it is from and provide a link to the current law.

I will be using this information as a comparison to the proposed legislation in Pennsylvania. Any help woul be greatly appriciated.

Thanks in advance!

Fight grandfathering with everything you have.

For one thing, it is offered as a means of gaining support for a bill by home inspectors who would be "grandfathered", thinking (often, correctly) that if it does not affect "them", they will not object.

Secondly, if a law is necessary...it is necessary for ALL home inspectors. If a law is fair...it is fair for ALL home inspectors. Grandfathering provisions are confessions, made in writing by legislators, that their bill is not necessary and does not need to include all home inspectors.

Fight grandfathering and have all clauses removed....and those inspectors who have been helping to write the bill, will turn against it and help you kill it.

"Grandfathering" is the proof behind the saying that "Licensing is something you do to the other guy"....never to yourself.

[Harold E. Miller]

Washington States' Grandfathering requirement-

(2) Any person performing the duties of a home inspector on the
17 effective date of this act has until July 1, 2010, to meet the
18 licensing requirements of this chapter. However, if a person
19 performing the duties of a home inspector on the effective date of this
20 act has proof that he or she has worked as a home inspector for at
21 least two years and has conducted at least one hundred home
22 inspections, he or she may apply to the board before September 1, 2009,
23 for licensure without meeting the instruction and training requirements
24 of this chapter.



Here is the link; http://apps.leg.wa.gov/documents/bil.../6606-S.SL.pdf

Hope that helps.

[Christopher Currins]

What Richards says for Illinois. But here is the original wording when this became law in 2003.


(225 ILCS 441/5‑15)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑15. Practice prior to this Act. A person who has actively and lawfully practiced as a home inspector in the State of Illinois prior to the effective date of this Act may take the examination required by subsection (4) of Section 5‑10 without having successfully completed the classroom hours required under subsection (5) of Section 5‑10, provided that he or she:
(1) is a resident of the State of Illinois;
(2) makes application to OBRE on forms provided by
OBRE within 6 months after the effective date of this Act;
(3) verifies that he or she has practiced as a home
inspector for a period of at least 2 years prior to the effective date of this Act; and
(4) verifies that he or she has conducted a minimum
of 200 home inspections that meet the standards established by rule within the 2 years prior to the effective date of this Act.
(Source: P.A. 92‑239, eff. 8‑3‑01.)

__________________________________________________ _______________

These are the minimum requirements.


(225 ILCS 441/5‑10)
(Section scheduled to be repealed on January 1, 2012)
Sec. 5‑10. Application for home inspector license. Every natural person who desires to obtain a home inspector license shall:
(1) apply to OBRE on forms provided by OBRE
accompanied by the required fee;
(2) be at least 21 years of age;
(3) provide evidence of having attained a high
school diploma or completed an equivalent course of study as determined by an examination conducted by the Illinois State Board of Education;
(4) personally take and pass an examination
authorized by OBRE; and
(5) prior to taking the examination, provide
evidence to OBRE that he or she has successfully completed the prerequisite classroom hours of instruction in home inspection, as established by rule.
(Source: P.A. 92‑239, eff. 8‑3‑01.)

__________________________________________________ _______________

PROFESSIONS AND OCCUPATIONS
(225 ILCS 441/) Home Inspector License Act.

[tdietrich1]

If a law is instituted under the guise of being for public safety, why would a certain group be allowed to bypass its requirements. Grandfathering seems hypocritical.

Tom

P.S. I understand I didn't just make friends with that comment, but point is, if there isn't a need for 100% compliance, then there isn't a need for the law.

[James H. Bushart]

Originally Posted by tdietrich1

If a law is instituted under the guise of being for public safety, why would a certain group be allowed to bypass its requirements. Grandfathering seems hypocritical.

Tom

P.S. I understand I didn't just make friends with that comment, but point is, if there isn't a need for 100% compliance, then there isn't a need for the law.

When you are fighting a bill, you are fighting the home inspectors supporting it. They have built in provisions to their bill to protect themselves...called "grandfathering".

Attacking the concept of "grandfathering" is very easy, as you have just demonstrated. It is contrary to the need for the bill and works against the argument that home inspectors need to be controlled by it.

If you can successfully remove the "grandfathering" clause, those who supported it up to that point....will be forced to fight the revised bill that puts the requirements on them that they had previously crafted themselves out of.

In other words, your enemies suddenly come to your side and assist you in killing the monster that they created.

[Frank M. Carrio, CMI]

The only people who should be Grandfathered should be able to fit the following requirements!

1. Be an ASHI member.

2. Have Passed the ASHI / NHIE PROCTORED exam.

3. Have attended at least 80-hours of ASHI approved courses.

4. Have conducted 250 Home Inspections under the direct supervision of an ASHI Inspector / Trainer / Instructor.

5. Have been registered as an ASHI inspector for a MINIMUM of 5-years prior to the passage of this bill!

At least this is what we are hoping and praying for in New Hampshire.

The bill goes up for a "Full Floor Vote" tomorrow {April 16, 2008}.

[Joseph Hagarty, CMI]

Originally Posted by fcarrio

The only people who should be Grandfathered should be able to fit the following requirements!

1. Be an ASHI member.

2. Have Passed the ASHI / NHIE PROCTORED exam.

3. Have attended at least 80-hours of ASHI approved courses.

4. Have conducted 250 Home Inspections under the direct supervision of an ASHI Inspector / Trainer / Instructor.

5. Have been registered as an ASHI inspector for a MINIMUM of 5-years prior to the passage of this bill!

At least this is what we are hoping and praying for in New Hampshire.

The bill goes up for a "Full Floor Vote" tomorrow {April 16, 2008}.

Too Funny

[Joseph Hagarty, CMI]

Requirements for Home Inspector Licensing should be Equal to and Not Lesser than those that we are Required to Defer "Further Review of Deficiencies".

As Building Trade Contractors are not not required to be Trained, Tested, Licensed and/or Insured in this State, further review can only be conducted by a State Registered Architect or State Licensed PE.

It is inconceivable that a State Law / Agency would require a Professional to defer an Opinion to someone who possesses qualifications that do not meet and/or exceed current or proposed State Standards.

How is the Consumer allegedly protected?

[Frank M. Carrio, CMI]

Originally Posted by jhagarty

Requirements for Home Inspector Licensing should be Equal to and Not Lesser than those that we are Required to Defer "Further Review of Deficiencies".

As Building Trade Contractors are not not required to be Trained, Tested, Licensed and/or Insured in this State, further review can only be conducted by a State Registered Architect or State Licensed PE.

It is inconceivable that a State Law / Agency would require a Professional to defer an Opinion to someone who possesses qualifications that do not meet and/or exceed current or proposed State Standards.

How is the Consumer allegedly protected?

Excellent Point!

I will bring that up sometime today!

[Dan Bowers, CMI]

I think that to be totally fair to all, that to be "Grandfathered" a home inspector should be able to show a minimum of 22 years full time home inspection experience; over 7,000 home inspections; be ICC code certified in mechanical, electrical, building and plumbing); have completed at least 1,000 hours of home inspection training courses approved by NACHI, ASHI or NAHI; have passed the NHIE, the Moisture Bond Warranty exam, or the applicable state licensing exam for Turf and Landscape Contractors; and have an honorable discharge from the military.

[elubben]

Originally Posted by jbushart

Fight grandfathering with everything you have.

For one thing, it is offered as a means of gaining support for a bill by home inspectors who would be "grandfathered", thinking (often, correctly) that if it does not affect "them", they will not object.

Secondly, if a law is necessary...it is necessary for ALL home inspectors. If a law is fair...it is fair for ALL home inspectors. Grandfathering provisions are confessions, made in writing by legislators, that their bill is not necessary and does not need to include all home inspectors.

Fight grandfathering and have all clauses removed....and those inspectors who have been helping to write the bill, will turn against it and help you kill it.

"Grandfathering" is the proof behind the saying that "Licensing is something you do to the other guy"....never to yourself.

I have to agree with the above. Say No to Grandfathering. Let everyone start on equal ground.

Gene