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Legislation, Licensing & Legal Issues Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Members of all associations welcome.

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  #1  
Old 5/8/07, 8:42 AM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Stopping the ASHI/ITA Attempt to Control

It has happened in enough states this year to recognize the national effort to control home inspectors through legislation by an ASHI controlled education vendor and a few ASHI members.

Step one is the formation of a "coalition" that is controlled by certain members of ASHI who have been assured of teaching positions if they have successfully formed a bill that will give ITA an "in" regarding the mandatory training (120 hours, 90 hours, 60 hours, etc) of new home inspectors.

Step two is to attempt to create public support through the media by finding one or two bad home inspections to exploit and build a case that legislation is necessary to "protect the consumer".

Step three is to convince legislators that their "coalition" represents the majority of home inspectors in that state and that their members support the proposed bill.

This scenario is playing itself over and over, quite regularly, and with mixed results.
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  #2  
Old 5/8/07, 9:10 AM
rwand1 rwand1 is offline
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Default Re: Stopping the ASHI/ITA Attempt to Control

Sounds similar to what is occuring up here in Ontario with an ASHI affiliate.
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  #3  
Old 5/8/07, 10:19 AM
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Joe Farsetta Joe Farsetta is offline
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Default Re: Stopping the ASHI/ITA Attempt to Control

This is a chapter out of the ASHI playbook.

The organization, plan, manipulation, fraudulent representation....

I actually believe that many, if not most, ASHI inspectors (rank and file) DO NOT really support legislation proposed. They are intelligent, and are only trying to make a living like the rest of us. I believe many are bullied into joining and supporting these so-called "coalitions".

I also believe that there is a sort of unwritten succession within the upper tiers of ASHI.

I wonder if the bigwhigs behind these efforts would embrace the following idea:

That no single educational curriculum within a state pertaining to the training of home inspectors for licensing or continuing education shall be mandated.

That course length be allowed to be 100 hours.

That schools offering licensing curriculum MUST offer the requesite inspection portion, and said requirements are automatically a part of the curriculum, included in the pricing, and the school shall find the inspections, coordinate the activities, insure the students and premesis, and include this segment to be available for completion in a very timely manner as part of the tuition.

That the actual course content not be specified as part of the law; only the outline of subjects to be covered and the time spent per segment required.

That qualifications of instructors and schools be fairly liberal, so as to put education into the hands of MANY, rather than the hands of a few.

That licensing boards have no specific authority, other than to advise the governmental entity they report to.

That few interpretations of the law, or sections to be developed or initiated, be left to these licensing boards.

That curriculative requirements be specific within the law.

That "housekeeping" amendments, initiated in secret and without the opportunity for input and a legislative vote, be disallowed.

That licensing boards be balanced with an equal number of industry professionals and ordinary taxpayers not affiliated with our profession, and that this rule be strictly adhered to.

Not that I am in favor of licensing, but I am doing this to simply prove a point. Absent of something for somebody along the line, I wonder what the arguments will be against these suggestions. There are no legitimate arguments against them, other than it TAKES from those who seek to gain power or perks or control or indentured servitude.

I would also love to see the need for licensing challenged at a legislative level. Statistically, we all can agree that there are probably many more serious complaints against contractors and realtors than we lowly HIs.

When we hear of an inspection group or bogus "coalition" touting how legislation is needed to protect the consumer, the facts should bear themselves out. Our plan should be to demand the data supporting such a need, and to point out what the proposed law REALLY says and does.

The consumer protection issues go to the back burner. Always do...

I wonder if any of it is covered under RICO.

Last edited by jfarsetta; 5/8/07 at 10:40 AM..
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  #4  
Old 5/8/07, 10:24 AM
Zoe Fackler Zoe Fackler is offline
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Default Re: Stopping the ASHI/ITA Attempt to Control

[quote=jbushart]It has happened in enough states this year to recognize the national effort to control home inspectors through legislation by an ASHI controlled education vendor and a few ASHI members.


So where was NACHI during all this and what were our rep's doing?

We ran into this during a recent trip to Arkansas. The licensing is all about ASHI.
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  #5  
Old 5/8/07, 10:31 AM
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Joe Farsetta Joe Farsetta is offline
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Default Re: Stopping the ASHI/ITA Attempt to Control

NACHI Reps?

If inspectors in their home states dont step up, then they shouldnt complain about what happens.
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  #6  
Old 5/8/07, 10:32 AM
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James H. Bushart James H. Bushart is offline
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Default Re: Stopping the ASHI/ITA Attempt to Control

Legislators meeting with real estate salesmen in Kansas City, last night, discussed the fact that to license contractors and builders would not be on next year's agenda. Nor, said the legislators, do they have an interest in requiring or enforcing building codes (that should be a city or county issue).

These are the main factors that directly affect every consumer living in (rent or purchase) a home in this state.

It is proof for anyone wanting to make the argument that the effort to license home inspectors is NOT consumer oriented...but is an effort controlled by special interests who would gain financially from the outcome.

From the activities that have taken place this spring in various states, it is obvious who these special interests are. We have successfully stopped them in New Hampshire, Missouri, and Kansas and have sent them back to the drawing board in Washington State.

Not only is licensing NOT inevitable...but it is retractable. Let's start getting these idiotic laws off the books in the states where they exist. They are not "home inspection laws" as much as they are "marketing plans" and they need to be exposed as such to the media.
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  #7  
Old 5/8/07, 10:39 AM
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James H. Bushart James H. Bushart is offline
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Default Re: Stopping the ASHI/ITA Attempt to Control

Quote:
Originally Posted by zfackler
So where was NACHI during all this and what were our rep's doing?
Zoe...Here is where we were, in Missouri....


Quote:
didn't want to let this thread die without thanking the many folks who helped us stop the Missouri Association of Realtors from successfully getting this bill through the legislature.

To the score (plus) of ASHI members in Kansas City, Columbia and St. Louis who asked to remain anonymous so as to escape any negative repercussions from your leadership --- thank you for joining in the campaign to defeat this bill. Your emails, telephone calls and personal visits to legislators went a long way to convince those pushing the bill not to advance it out of committee.

To Blaine Wiley who, hours after the bill was introduced, help to establish for the record with the Missouri House of Representatives that the leadership of the largest home inspection association in the world opposed HB 978.

To the members of the real estate sales committee who did not agree with the actions of their association who shared internal communications with us that they thought would be helpful to us in our fight...thank you very much.

To Dennis Robitaille, who personally wrote each member of the Missouri House of Representatives and helped enlighten them as to the dangers stemming from the conflict of interest in placing real estate salesmen anywhere near a home inspection licensing process --- thanks. One congressman has inqured as to our support for a measure to bar real estate salesmen from referring home inspectors at all...going beyond the Massachusetts law. This will be introduced, possibly, at the next session.

To the many NACHI members in all parts of the state, and to several from other states, who saw to it that some legislator in some part of the House of Reps was being jogged with a letter, email or phone call each day on this topic and keeping the idea alive in their minds that this bill was being introduced on behalf of real estate salesmen wishing to control an industry....not by the consumer.

To the media, both print and electronic, who saw through the motives of the Missouri Association of Realtors and their lobbiests and stuck to reporting the facts....not the spin.

A special salute to Ladd Egan of KRCG, a CBS affilliate in Jefferson City whose integrity led him to totally change the direction of the story that the Missouri Association of Realtors and their representative, Mike Parson, had asked him to report. It was Ladd who pointed out to Parson and the MAR that the state attorney general's office in Missouri has ZERO consumer complaints against home inspectors....while it has hundreds against real estate salesmen...who are already licensed....and thousands against builders and contractors who are not.

And to those reporters who are still putting together their report on the efforts of real estate salesmen to control others and cover themselves with legislation like HB 978 and HB 324...a special thanks, in advance.

To James Braun who stood up in the midst of the so-called "coalition" and opposed their actions....while eating their food....way to go!!!

To NACHI member Lance Blaco who travelled to Jefferson City to address the legislators on the Professional Licensing Committee...five of whom sell real estate for a living....and challenged them to do the right thing.

And to Dan Bower and others working with MAREI (to include the members from ASHI and NAHI) to keep this bill from seeing its way into law by their many efforts...to include long interviews with the press and trips to the state capital to meet with "the enemy" who was dead set to see legislation pass THIS YEAR.....thanks a zillion.

We were surprised by this bill and our efforts to defeat it were thrown together on the run. In my opinion, it is amazing we were able to accomplish so much with so little in face of a well financed and prepared political machine.

But we will be ready next year and we will be taking it right to them from the get go.

Licensing solves nothing.
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  #8  
Old 5/8/07, 10:53 AM
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James H. Bushart James H. Bushart is offline
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Default Re: Stopping the ASHI/ITA Attempt to Control

http://www.nachi.org/forum/showthread.php?t=14904

This is what the NACHI people did in New Hampshire.
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  #9  
Old 5/8/07, 10:54 AM
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James H. Bushart James H. Bushart is offline
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Default Re: Stopping the ASHI/ITA Attempt to Control

http://www.nachi.org/forum/f14/washington-5788-public-hearing-14915/

This is what the NACHI members did in Washington.
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  #10  
Old 5/8/07, 10:56 AM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Stopping the ASHI/ITA Attempt to Control

Our boys in Kansas played their cards close to the vest and did their work outside of the public (and ASHI's) eye...and came out on top, as well.

If you are a home inspector in a state that is being threatened and you are waiting for some association leadership to bail you out...you are about to become licensed. If it is to be, it is up to thee.
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  #11  
Old 5/8/07, 6:45 PM
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Vern Mitchinson Vern Mitchinson is offline
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Default Re: Stopping the ASHI/ITA Attempt to Control

Quote:
Originally Posted by rwand1
Sounds similar to what is occuring up here in Ontario with an ASHI affiliate.
Ditto Alberta and B.C.
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  #12  
Old 5/8/07, 7:14 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Stopping the ASHI/ITA Attempt to Control

Quote:
Originally Posted by vmitchinson
Ditto Alberta and B.C.
In case you have never seen "The Invasion of the Body Snatchers", I would advise you to do everything possible to discredit these make-believe "coalitions" with every means at your disposal. Left to grow and mature, they become like PHIC in Pennsylvania, and eventually take over the profession in your area.
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  #13  
Old 5/8/07, 9:11 PM
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Peter C. Russell Peter C. Russell is offline
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Default Re: Stopping the ASHI/ITA Attempt to Control

Here is the proof and or reality.
Yes we fought back in NH and won the first round, we still have more to go. We as NACHI members fought hard and apposed this ridiculous legislation by the independent coalition.

One thing that was in our favor is the registration of contractors in NH.

By this I mean, the Senate has proposed licensing of contractor in NH for 6 years in a row and failed, after all we live in the LIVE FREE OR DIE state. Anyway the bill that got passed to register contractor was much less than licensing, it calls for contractors to register with the state. When I spoke at the hearing I gave my scenario which is this.

I own a construction comp. I now have to register with the state, this allows me to go to my next job which is to rebuild the second floor of a 50 year old cape. this renovation include tearing off the second floor roof, disconnecting the electrical to the second floor as well as the heat, all the while my client is still occupying the house while we rebuild. Now my home inspection company gets a call to inspect the neighbors house which is the same 50 year old cape, built by the same builder, now I have to have 120 hours of education, mentoring, insurance, blah, blah blah, it just does not make sense.

So, sorry for the long winded post but if everyone understands how this ASHI/ independant coilition bill reads they relise how rediculase it is.
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  #14  
Old 5/8/07, 10:06 PM
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Joseph T. Burkeson, CMI Joseph T. Burkeson, CMI is offline
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Default Re: Stopping the ASHI/ITA Attempt to Control

Quote:
Originally Posted by jbushart
In case you have never seen "The Invasion of the Body Snatchers", I would advise you to do everything possible to discredit these make-believe "coalitions" with every means at your disposal. Left to grow and mature, they become like PHIC in Pennsylvania, and eventually take over the profession in your area.
There is no reason for someone who is opposed to licensing to ever resort to joining a "coalition", at the very heart of a "coalition" resides "compromise" and "compromise" = licensing. So, beware of those silvery tongue devils who claim that licensing is inevitable and the only way to fight is to join a "coalition" or some such nonsense.

Chaos rules, licensing solves nothing.



"I know of no more encouraging fact than the
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  #15  
Old 5/8/07, 11:15 PM
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Joseph Hagarty Joseph Hagarty is offline
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Default Re: Stopping the ASHI/ITA Attempt to Control

Quote:
Originally Posted by jbushart
In case you have never seen "The Invasion of the Body Snatchers", I would advise you to do everything possible to discredit these make-believe "coalitions" with every means at your disposal. Left to grow and mature, they become like PHIC in Pennsylvania, and eventually take over the profession in your area.
Difficult to discredit when NACHI National lends support to their proposals....

http://nachi.org/forum/showthread.php?t=9231

Quote:
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.



Joseph P. Hagarty
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Email: MainLineHI@comcast.net

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