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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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  #16  
Old 4/22/09, 1:04 PM
Harvey D. Speakman Harvey D. Speakman is offline
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Default Re: Tennessee Licensing Requirements

Thank You James. I am glad so far to see the overwhelming comments.
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  #17  
Old 4/22/09, 1:07 PM
Michael Larson's Avatar
Michael Larson Michael Larson is offline
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Default Re: Tennessee Licensing Requirements

Quote:
Originally Posted by hspeakman View Post
I am not questioning the Tennessee Handbook that NHIE had published. I am questioning the contents of the exam. I think NACHI should take over the contract for the exam process nationwide. At least everyone would be on the same sheet of music
I'd be fine with that except that state licensure generally requires that any exam be psychometrically validated.

NACHIs has not been in any formal and recognized way that I am aware of.
I wish it had been so this issue could be put to rest.



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  #18  
Old 4/22/09, 1:13 PM
David A. Andersen's Avatar
David A. Andersen David A. Andersen is offline
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Default Re: Tennessee Licensing Requirements

It has been my experience that the state of Tennessee does not mess with people's employment.

They used this examination because it is the examination used by municipal inspections and other states in their endeavor to obtain a fair test.

The state is always open for a better way if you're willing to provide it.

NACHI was able to receive seats on the home inspection Board which resulted in kicking off several non-applicable participants. ASHI was predominant on this board but when it was brought to the state's attention by Mr. Nick they took immediate action and provided seats to be filled by NACHI representatives.

I personally feel that state licensing has helped me by setting a real standard for home inspection and providing a place for home buyers to voice a complaint without having to involve themselves in a lawsuit and lawyers.

It's very easy to comply with the rules if you have rules. Simply do what is expected of you.

I was involved in a lawsuit at the time of state licensing. My adopted standard of practice (ASHI 1993) happened to turn out to be what the state adopted for their licensing procedure which was put in place while my lawsuit was pending. The prosecuting attorneys could not contest my standard of practice because of this. Also, the Tennessee court stood up for the arbitration clause in my contract when prosecuting attorneys rejected its validity.

On the other side of the coin however there are many states where the real estate industry has their fingers in the pudding. What is the acronym in Texas, TREC? What does the "RE" stand for? Why the Hell is Real Estate associated in any way with HI? That is Conflict of Interest #1 the way I see it. Any inspector/investigator should be completely removed from any potential interest in outcome of the investigation.

TN HI Licensing is under the Commerce & Insurance Board (along with RE Agents, Structural Engineers and Appraisers), not the Real Estate Commission.

Mr. Speakman, The test I took also had strange questions that I got wrong, thought I don't think there were enough of them on the test to make anyone fail the test if they got the relevant questions correct. Just keep at it. It was not designed to be easy. Building code questions are the result from this test being used to test the municipal inspectors.Though it is said that home inspector's do not enforce building code, you'll see a dozen questions every day on this board about "what is allowed", referring to the building code. So someone out there is trying to enforce the code. Builders don't understand anything but the building code. So maybe it's relevant for it to be on the test.

Where are all those that said the NACHI test was too easy? Maybe they have passed by the wayside in this industry?



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  #19  
Old 4/22/09, 1:15 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Tennessee Licensing Requirements

Quote:
Originally Posted by mlarson View Post
I'd be fine with that except that state licensure generally requires that any exam be psychometrically validated.

NACHIs has not been in any formal and recognized way that I am aware of.
I wish it had been so this issue could be put to rest.

LOL.....

When the special interests are drafting the laws for their lobbyists to present to the paid legislator, Mike....the NHIE is presupposed and the wording that you elude to is created by them to eliminate competition for their test.

If you actually took this for what it says....being so-called "psychometrically validated" simply means that some outside agency has made a determination that ...(pay close attention to this)....this test reflects one's ability to learn to become a home inspector. It is an aptitude test.

"Learn to become a home inspector", Mike. The NHIE is designed to be an entrance test to a home inspector school but since no home inspector school wants to screen out a potential tuition paying student, it is not used for that purpose.

Instead...it is sold to states as being a means of determining whether or not one should be given a license to inspect a house....when all its evaluators have determined is that it only judges that one is fit to enter a school to learn to be an inspector.

It's meaningless in the manner in which it is used.

Last edited by jbushart; 4/22/09 at 1:22 PM..
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  #20  
Old 4/22/09, 1:31 PM
Michael Larson's Avatar
Michael Larson Michael Larson is offline
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Default Re: Tennessee Licensing Requirements

Quote:
Originally Posted by jbushart View Post
LOL.....

Keep laughing but it seems you are now singing a different tune than in the past.

When the special interests are drafting the laws for their lobbyists to present to the paid legislator, Mike....the NHIE is presupposed and the wording that you elude to is created by them to eliminate competition for their test.

I get that but why not kill the issue by having the NACHI exam validated?

If you actually took this for what it says....being so-called "psychometrically validated" simply means that some outside agency has made a determination that ...(pay close attention to this)....this test reflects one's ability to learn to become a home inspector. It is an aptitude test.

Really? Where id you get that?

Psychometric Tools

"Learn to become a home inspector", Mike. The NHIE is designed to be an entrance test to a home inspector school but since no home inspector school wants to screen out a potential tuition paying student, it is not used for that purpose.

Please explain where you are getting the idea that the test is to assess the ability to "learn"


Instead...it is sold to states as being a means of determining whether or not one should be given a license to inspect a house....when all its evaluators have determined is that it only judges that one is fit to enter a school to learn to be an inspector.

Are you sure about that?

It's meaningless in the manner in which it is used.
I do not in anyway claim that passing the NHIE qualifies someone to be a home inspector.

That said if NACHI wants a level plying field it should have it's tests independently evaluated.

If not, the NACHI test will continue to be used as a club to beat this org over the head with.



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  #21  
Old 4/22/09, 1:32 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Tennessee Licensing Requirements

Quote:
Originally Posted by mlarson View Post
I do not in anyway claim that passing the NHIE qualifies someone to be a home inspector.

Tennessee does. That's the issue.

Perhaps you are familiar with another psychometrically evaluated test known as the Armed Services Vocational Aptitude Battery (ASVAB). One must take it and achieve a particular score in order to qualify for military service and, most particularly, it predicts ones success in being able to learn specific military jobs. It is generally given to high school students in their junior and senior years and is used by some high school counselors to guide kids in a vocational direction, based upon their aptitude reflected in these scores.

In the Air Force, a person who achieves a "mechanical" score of 50 is qualified to train to become a jet airplane mechanic.

Using their use of the NHIE as an example, the State of Tennessee would actually provide a license to repair a jet airplane to a high school senior getting the same score. This is what it means to license (or not) a person based upon this test.

Last edited by jbushart; 4/22/09 at 1:45 PM..
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  #22  
Old 4/22/09, 1:37 PM
Michael Larson's Avatar
Michael Larson Michael Larson is offline
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Default Re: Tennessee Licensing Requirements

Quote:
Originally Posted by jbushart View Post
Tennessee does. That's the issue.
I disagree and you have not addressed the rest of my questions.



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  #23  
Old 4/22/09, 1:43 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Tennessee Licensing Requirements

Quote:
Originally Posted by mlarson View Post
I disagree and you have not addressed the rest of my questions.
Read my revised post.
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  #24  
Old 4/22/09, 1:47 PM
Michael Larson's Avatar
Michael Larson Michael Larson is offline
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Default Re: Tennessee Licensing Requirements

So why should NACHI refuse to submit its competing test? Hmmm?

The we can all fight about what it takes to be a good HI.

I am against state licensure as much as you James but I'm tired of having the NHIE as the only accepted means of testing prior to licensure.

Time for this org to step up.



"Never underestimate the difficulty of changing false beliefs by facts."
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  #25  
Old 4/22/09, 1:54 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Tennessee Licensing Requirements

Quote:
Originally Posted by mlarson View Post
So why should NACHI refuse to submit its competing test? Hmmm?

The we can all fight about what it takes to be a good HI.

I am against state licensure as much as you James but I'm tired of having the NHIE as the only accepted means of testing prior to licensure.

Time for this org to step up.

In my opinion, Mike....there is no written test that can pre-determine the success of a home inspector.

The closest, assuming that the knowledge of certain basic minimum standards is important (but not all inclusive), would be an ICC certification. It is the highest level of certification in the inspection industry and is NOT psychometrically evaluated and is open book. (Interestingly enough, many of the states that presently require the NHIE will also recognize the non-psychometrically evaluated and open book code test (ICC) in its place and allow those with ICC certification to waive the NHIE. Further proof that the NHIE is NOT being utilized in the manner for which it was designed in these states). Although it has only been "psychometrically evaluated", it is being utilized as tool to measure advanced knowledge which even its administrators argue that it does not do.

But even this is a simple measurement of how well one knows the code book and can determine whether his observation is a reportable defect.

So many of the other meaningful skills necessary to do the job.....cannot be quantified. You cannot measure one's attention to detail in a dark crawlspace with a headlamp...his sense of smell or use of his senses of smell and sight, combined...to make a call on a particular condition.

Then there is the art...not science...of communicating his observations in a report.

No written test can determine the success of the person taking it and, in this respect, they are ALL equally worthless/valuable, determining upon your point of view.

Last edited by jbushart; 4/22/09 at 2:08 PM..
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  #26  
Old 4/22/09, 2:12 PM
Michael Larson's Avatar
Michael Larson Michael Larson is offline
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Default Re: Tennessee Licensing Requirements

Quote:
Originally Posted by jbushart View Post
In my opinion, Mike....there is no written test that can pre-determine the success of a home inspector.

That is not the issue. I have already stated I agree with you.

The closest, assuming that the knowledge of certain basic minimum standards is important (but not all inclusive), would be an ICC certification. It is the highest level of certification in the inspection industry and is NOT psychometrically evaluated and is open book. (Interestingly enough, many of the states that presently require the NHIE will also recognize the non-psychometrically evaluated and open book code test (ICC) in its place and allow those with ICC certification to waive the NHIE. Further proof that the NHIE is NOT being utilized for the manner in which it was designed in these states).

NACHI should be working for the same "acceptance"


But even this is a simple measurement of how well one knows the code book and can determine whether his observation is a reportable defect.

Agreed.

So many of the other meaningful skills necessary to do the job.....cannot be quantified. You cannot measure one's attention to detail in a dark crawlspace with a headlamp...his sense of smell or use of his senses of smell and sight, combined...to make a call on a particular condition.

Agreed.

Then there is the art...not science...of communicating his observations in a report.

Agreed.

No written test can determine the success of the person taking it and, in this respect, they are ALL equally worthless/valuable, determining upon your point of view.
That's not the reason to seek acceptance of NACHI's test.

It would be smart of NACHI to submit it' test if no other reason than to answer it's critics and add additional credibility to the NACHI certification.



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Henry Rosovsky-Harvard

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  #27  
Old 4/22/09, 2:23 PM
James H. Bushart's Avatar
James H. Bushart James H. Bushart is offline
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Default Re: Tennessee Licensing Requirements

Why is "answering the critics" about the test so important?

Our test, when proctored, already exceeds the requirements of ICC certification. An ICC test has only 50 questions to answer in two hours and is open book and is usually limited to one specific area (electrical, plumbing, etc).

NACHI will always have its critics and, much to NACHI's loss, now filters them from the message board where they can be addressed and corrected. Dumbing down our test to an "aptitude test" like the NHIE is not the answer and will not convince a critic of our test.
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  #28  
Old 4/22/09, 2:28 PM
Michael Larson's Avatar
Michael Larson Michael Larson is offline
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Default Re: Tennessee Licensing Requirements

James,

I'm sorry but in my mind you have failed to give any credible reason for NACHI's avoidance of having it's test validated for acceptance by state authorities.

It doesn't have to be this way and one questions why this issue is allowed to remain.

You have also failed to prove that the NHIE is merely an aptitude test.



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Henry Rosovsky-Harvard

Michael Larson
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  #29  
Old 4/22/09, 8:24 PM
Gary L. Farnsworth, CMI Gary L. Farnsworth, CMI is offline
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Default Re: Tennessee Licensing Requirements

I hope Mr. Bowers can shed some light here. He is on the educational committee for the new home inspectors board here in Kansas. He is a very middle of the road guy. There are many laws about education here in Kansas, and the board must tread lightly. Having a home inspector that has done 3,000 inspections require to take the NHIE test is way out of line. The test will contain questions that will never be used on any home inspection. It is designed by ASHI to keep ASHI inspectors in business, and put the non-ASHI members out of business. ASHI has many names; I am just not sure where they are getting their money to push all of "their" rules, regulations, educational requirements, exams, etc. into play in all of these states in such a short amount of time.

On the news this evening, firefighters in one town passed a test, and the top 15 where all white. The "others" did not pass. So, the city threw it out. Now, the top 15 may be suing the city.

Taking any test only determines your apptitude. My brother-in-law has a MBA in busines; my nephew is an attorney; my sister is a certified teacher; all of them do not know how to change the oil in a lawn mower.

Last edited by gfarnsworth; 4/22/09 at 8:29 PM..
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  #30  
Old 4/22/09, 11:02 PM
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Wayne B. Wilson Wayne B. Wilson is offline
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Default Re: Tennessee Licensing Requirements

I took the test and yes there was some questions like David said, But with some study I feel most could pass i didn't think it was that bad. But it has been awhile ago AND I AM OLD so i probably forgot ( what was the question again sorry i slipped off again.) I took the class 30 in it only about 6 actually got their licensee. 2 from that 6 do not inspect anymore. Makes you wonder.
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