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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.

View Poll Results: Washington State legislation poll multiple answers
DO NOT favor at all. 12 41.38%
In favor as written 3 10.34%
In favor with exceptions 12 41.38%
Education exception 5 17.24%
Mentoring exception 9 31.03%
Grandfather clause exception 8 27.59%
Mandatory E/O or Surety Bond exception 6 20.69%
I would keep my SPI 15 51.72%
I would drop my SPI 5 17.24%
Multiple Choice Poll. Voters: 29. You may not vote on this poll

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  #16  
Old 1/8/07, 11:55 AM
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James H. Bushart James H. Bushart is offline
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Default Re: Washington Home Inspectors Poll

Quote:
Originally Posted by wforsyth
the inspectors around me that are now going to be affected by this, have no representation and are going to be very unhappy about it.
I disagree.

"Representation" in drafting legislation is ludicrous. The majority will rule and the majority on this so called "advisory board" is going to stick to the ASHI legislative model, no matter who might be on this board.

Your representation is in your legislature.

Starting today, the prudent Washington home inspector will begin a steady stream of phone calls and emails to his/her representative to let them know the following:

1. This proposal does not represent your views.
2. This proposal will increase the cost of home inspections to the consumer and is designed to eliminate competition by the inspectors who drafted it.
3. Fewer inspectors resulting in less competition will provide the consumer with fewer choices and higher fees.

Then, spread the word to your market that you oppose this attempt being made by some greedy home inspectors to use the legislature to perform a lesser service for a higher fee.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.

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  #17  
Old 1/8/07, 12:02 PM
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Default Re: Washington Home Inspectors Poll

Oh, no I agree with that totally.

My point is, is that now that they didn't do anything they'll try to pin that on everyone else as well by saying they are now at the mercy of the new laws. But they won't oppose it. Probably in the hopes of the off chance they can use something to their advantage.
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  #18  
Old 1/8/07, 12:03 PM
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Default Re: Washington Home Inspectors Poll

Quote:
Originally Posted by jbushart
I disagree.

"Representation" in drafting legislation is ludicrous. The majority will rule and the majority on this so called "advisory board" is going to stick to the ASHI legislative model, no matter who might be on this board.

Your representation is in your legislature.

Starting today, the prudent Washington home inspector will begin a steady stream of phone calls and emails to his/her representative to let them know the following:

1. This proposal does not represent your views.
2. This proposal will increase the cost of home inspections to the consumer and is designed to eliminate competition by the inspectors who drafted it.
3. Fewer inspectors resulting in less competition will provide the consumer with fewer choices and higher fees.

Then, spread the word to your market that you oppose this attempt being made by some greedy home inspectors to use the legislature to perform a lesser service for a higher fee.
In lobbying I wouldn't be lobbying for any laws, I'd be lobbying against any laws in HI as well as lobbying to get rid of the WDO laws. But I think they'll go that direction no matter what happens.
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  #19  
Old 1/8/07, 12:04 PM
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Steven L. Smith Steven L. Smith is offline
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Default Re: Washington Home Inspectors Poll

Everybody needs to realize that this is only a recommendation. Legislators are banged on all the time. I think it likely that some legislation will emerge this session, however legislators are influenced by large numbers of people who are vocal. If this recommendation appears to be the "unanimous" opinion of those in the industry it will likely pass as it is, or close to it. However, if there is plenty of logical, non-hysterical, input some changes are likely. For example,

Oregon, about the nearest state, requires ride-alongs on 10 inspections for newbies. It does not require full reports nor 30 inspections, which is cumbersome and, in fact, existing inspectors could actually lock someone out of the field by refusing to do mentoring. In other words, the legislators can write a law demanding this mentoring, but it is unlikely that they can force those who are licensed to take others out on inspections. What if inspectors refused to do this or want $100 per hour to mentor? Let us see, with a four hour inspection x30 of them, that would cost a newbie $12,000 for mentoring. And, if nobody cooperated, the newbie is hooped. I think legislators might respond well to comments pointing out that this has the chance of unfairly, and severely, limiting competition.

Other than that, it seems likely that the grandfather clause could be modified to fewer inspections than 250 and something reasonable but less than three years experience.

In Oregon, they created their own state test. They do not accept NHIE nor any other test but their own. That is one a person has to think about, as far as what he or she would prefer.

My basic point is: If you have problems with this, and live in Washington State, get involved. Talk to, lobby, lawmakers. Likely something will happen this year so make sure you work for the best possible licensing. Do not sit back and settle for something you cannot or you will have problems living with.

Steve

Last edited by ssmith; 1/8/07 at 12:08 PM..
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  #20  
Old 1/8/07, 1:00 PM
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Default Re: Washington Home Inspectors Poll

Quote:
Originally Posted by wforsyth
I was asked by several members to be a professional lobbyist for Washington State in this whole thing. I was railroaded out by several of the members listed above, including a couple of the expired NACHI members (one of which is still allowed to hold a NACHI chapter presidency).

I was very much all fired up to do this and unfortunately rather than supporting me, the inspectors around me that are now going to be affected by this, have no representation and are going to be very unhappy about it.
Who are the several that asked you to represent the whole org? What qualifications would you have for this position? Experience? I think the key word is professional.
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  #21  
Old 1/8/07, 1:02 PM
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Default Re: Washington Home Inspectors Poll

Quote:
Originally Posted by ssmith
Everybody needs to realize that this is only a recommendation. Legislators are banged on all the time. I think it likely that some legislation will emerge this session, however legislators are influenced by large numbers of people who are vocal. If this recommendation appears to be the "unanimous" opinion of those in the industry it will likely pass as it is, or close to it. However, if there is plenty of logical, non-hysterical, input some changes are likely. For example,

Oregon, about the nearest state, requires ride-alongs on 10 inspections for newbies. It does not require full reports nor 30 inspections, which is cumbersome and, in fact, existing inspectors could actually lock someone out of the field by refusing to do mentoring. In other words, the legislators can write a law demanding this mentoring, but it is unlikely that they can force those who are licensed to take others out on inspections. What if inspectors refused to do this or want $100 per hour to mentor? Let us see, with a four hour inspection x30 of them, that would cost a newbie $12,000 for mentoring. And, if nobody cooperated, the newbie is hooped. I think legislators might respond well to comments pointing out that this has the chance of unfairly, and severely, limiting competition.

Other than that, it seems likely that the grandfather clause could be modified to fewer inspections than 250 and something reasonable but less than three years experience.

In Oregon, they created their own state test. They do not accept NHIE nor any other test but their own. That is one a person has to think about, as far as what he or she would prefer.

My basic point is: If you have problems with this, and live in Washington State, get involved. Talk to, lobby, lawmakers. Likely something will happen this year so make sure you work for the best possible licensing. Do not sit back and settle for something you cannot or you will have problems living with.

Steve
This is a much better and more effective approach. It would be more effective yet, coupled with professional lobbying.
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  #22  
Old 1/8/07, 1:42 PM
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Default Re: Washington Home Inspectors Poll

Wendy, I took you off ignore just to see your response, once again youdemonstrate your stupidity.

Quote:
You shouldn't talk about anything if you don't know the situation.

When someone is a representative, whether as a member of an advisory board or a lobbyist, it really doesn't matter how many inspections they've done. What matters is that our org has representation and it looks like politics got in the way and now we're assed out.

Considering how many comments you made about Jerry not coming back and telling all of us what is going on in this committee, you would be the one making the snide remarks it seems.
I know that Soldano nominated you last spring to take his place and that the Board would not even consider it seeing as you had only been "in" the business for a month or so, had never done an inspection, and that you had no knowledge of of the dynamics of history of the home inspection business in Washington State or any where else (that's the polite version).

How can anyone advise or represent a Home Inspection Organization without any experience in the industry, how could yu have represented anyone when your excuse for the past year for not obtaining your WSDA license has been that you can't travel to Olympia or Puyallup to take the test because of your kids, how were you going to make it to the Board meetings once amonth , which were all day and even farther away?

As far as Domagala goes, like I just asid, he doesn't Represent me, Nick pays him to Represent NACHI, which also doesn't represent me, as far as I know no NACHI Member had any input into nominating Domagala or any of the other NACHI Members who were on the Advisory Board, Nick chose them, or at least he chose Jerry, so Jerry must be Nick's Representative. Its not a "snide" remark when I point out that a paid NACHI Representative should be keeping the members informed of what he was doing to be paid for, but the agreement of the board was to keep everything under wraps until they were ready to release their recommendations, now they have, but their recommendations still aren't mine.

When the board was first created the number of ASHI and NACHI members were equal, other than Soldano no other NACHI Member nominated a replacement when they dropped out. The imbalance at the end then is the failure of NACHI members.

I was asked a month or so ago not to stir the pot until I saw what the Board recommendations were, now I've seen them, most I don't agree with. I will contact the Board with my objections and my proposals, just like every other Washington Inspector should do, and at the same time I will contact Senators Spanel and Kohle-Welles, like every Washington Inspector should do, along with contacting their oun Senators and Representatives.

The Board did include mandatory insurance, not as much as I would like, but enough to get my support, the mentoring idea is BS, it won't, and hasn't worked anywhere as far as I can see, I could support a Peer review where say every few years an Inspector would be required to conduct a supervised Inspection and to submit copies of his Reports to the Board for review, the grandfathering clause and the number of required inspections is designed to eliminate the new guys and is far way to restrictive to be fair, passing the NHIE or other approved test is fine, CE Requirements should be included, having a State SOP is good, and doing away with the SPI Requirement is great, those who want to keep their SPI however should be allowed to do so, this would allow them to market their Pest Inspection as an added benefit or to perform the WDO Inspection for an additional fee. I do find it funny how the ASHI guys got their favorite word "Candidate" included.

One thing that should be added to the Grandfather Clause is that those who claim experience as a Washington State Home Inspector shuld have to prove that they have been Licensed as a WSDA SPI for all of the period they claim.

If the Board's proposal, as written, was to go the the Legislature today, or if it does so at a later date, I will Oppose it, if it goes with some modifications, I will support it, even if it were to pass as written, I could live with it, I wouldn't like it, but then I don't like the mandatory WSDA License requirement we have now either, as written it will save me a lot of money just on my E&O, although I might decide to keep my SPI License.

Back to Jerry Domagala, the Advisory Board wanted to keep things under wraps until they were ready to go public, now they have, Jerry said he doesn't like to post on the NACHI Message Board, but now that the proposal is out its time for him to come on board and tell us what is going on, if Nick pays him to represent NACHI members, then its time he does.
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  #23  
Old 1/8/07, 8:14 PM
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wforsyth wforsyth is offline
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Default Re: Washington Home Inspectors Poll

Quote:
When the board was first created the number of ASHI and NACHI members were equal, other than Soldano no other NACHI Member nominated a replacement when they dropped out. The imbalance at the end then is the failure of NACHI members.
Quote:
I was asked a month or so ago not to stir the pot until I saw what the Board recommendations were, now I've seen them, most I don't agree with. I will contact the Board with my objections and my proposals, just like every other Washington Inspector should do, and at the same time I will contact Senators Spanel and Kohle-Welles, like every Washington Inspector should do, along with contacting their oun Senators and Representatives.
You've just answered everything for me.

1)They didn't refuse me because of lack of experience, they refused me because I had a different point of view and would have shook up their little club. Why do you think they didn't want you to rock the boat? They asked you to shut up and it worked didn't it?

2)Wouldn't have another NACHI voice on there been better than NO NACHI voice on there and what has happened now?

3)The WDO requirement would NEVER fly Lewis because they can't hold inspectors to a standard that will be proven to be crap.
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  #24  
Old 1/8/07, 8:16 PM
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Default Re: Washington Home Inspectors Poll

Quote:
Originally Posted by ssmith
My basic point is: If you have problems with this, and live in Washington State, get involved. Talk to, lobby, lawmakers. Likely something will happen this year so make sure you work for the best possible licensing. Do not sit back and settle for something you cannot or you will have problems living with.

Steve
Exactly. And this points out what I have believed all along, that one does not need to be nominated to an exclusionary committee who certainly wouldn't want someone on there who would definitely swing the vote in meetings against them. (Them being primarily ASHI members and those who claim to be independant).
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  #25  
Old 1/8/07, 9:39 PM
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Default Re: Washington Home Inspectors Poll

Quote:
Originally Posted by wforsyth
You've just answered everything for me.

1)They didn't refuse me because of lack of experience, they refused me because I had a different point of view and would have shook up their little club. Why do you think they didn't want you to rock the boat? They asked you to shut up and it worked didn't it?

2)Wouldn't have another NACHI voice on there been better than NO NACHI voice on there and what has happened now?

3)The WDO requirement would NEVER fly Lewis because they can't hold inspectors to a standard that will be proven to be crap.
Wendy,

Why would a board of Home Inspectors want someone with absolutely no experience who had never done an Inspection to be an "advisor? Why would any member of NACHI want a totally inexperienced Inspector who has demonstrated they know little of their own States Laws to represent them? And who are these "Several" inspectors who asked you to lobby fior them, someone else asked you that earlier.

And like Stephen asked, how long are you going to "wait" to do an Inspection before you get you SPI License, according to you it's been months already.

Where are those three court cases you claimed had taken place where HI's in Washington went to Court and defeated the WSDA, who doesn't know anything about them?

The WDO Standard has been around since 91' Wendy, many disagree with it but no one has gotten rid of it either. Tell us oh Wonderful Wendy how you will prove that the WDO Requirement is Crap. Give us all that great legal advice. Just because its in this proposal, it doesn't mean that WSDA will agree to give up its power

It wasn't anyone on the Advisory Board who asked me not to stir the pot yet, it was someone else who has the same interests as me who convinced me to wait and see what the Board's proposal was. Now I've seen it, some good some bad, I'm against it as written, but I could live with it if it was passed, could you?

If you have problems with the proposal contact Domagala, I had nothing to do with it. You can find him on NACHI's "Find an Inspector" or here:




Contact Gerald J. Domagala
Phone: (360) 715-8745
Web: www.nwinspector.com
E-Mail: Click Here

He also appears on the Featured Inspectors List.

If you want to rally ***** about the SPI requirement then why don't you call or email Dr. Soumi at the WSDA, tell him who you are, the name of your business, and that you think the requirement is crap and you refuse to be licensed, when he has your business license revoked, take him to court.

Dr. Dan Soumi 360-902-2044 or dsoumi@agr.wa.gov

Go For It Wendy
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  #26  
Old 1/8/07, 9:39 PM
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James H. Bushart James H. Bushart is offline
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Default Re: Washington Home Inspectors Poll

Quote:
Originally Posted by wforsyth
2)Wouldn't have another NACHI voice on there been better than NO NACHI voice on there and what has happened now?
No.

Having a "NACHI voice" on a make believe "coalition" is not to solicit your input, but to enhance the illusion that the "coalition" actually represents the views of all of the members of all of the associations at the table. Your voice at that table would be no more relevant than if you were to shout out your window, right now.

Ask Jay Schwartz in Florida. He sat at the table of a "coalition" that is recommending to his state that all people pass a drug test to get a home inspection license. How ridiculous is that? Do you think his objection, or NACHI's, is heard by anyone?

Not having NACHI represented is a plus, for now it is even easier to convince the state that the world's largest association had nothing to do with that goofy proposal.



James H. Bushart

Professional Building Analyst, BPI
Missouri, Kansas and Arkansas
314-803-2167
Inspecting in Aurora, Branson, Carthage, Granby, Joplin, Kimberling City, Monett, Mount Vernon, Neosho, Nixa, Purdy, Reed Spring, Republic, Springfield and surrounding areas.

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  #27  
Old 1/9/07, 5:44 AM
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Default Re: Washington Home Inspectors Poll

Quote:
Originally Posted by lcapaul
Wendy,

Why would a board of Home Inspectors want someone with absolutely no experience who had never done an Inspection to be an "advisor? Why would any member of NACHI want a totally inexperienced Inspector who has demonstrated they know little of their own States Laws to represent them? And who are these "Several" inspectors who asked you to lobby fior them, someone else asked you that earlier.

And like Stephen asked, how long are you going to "wait" to do an Inspection before you get you SPI License, according to you it's been months already.

Where are those three court cases you claimed had taken place where HI's in Washington went to Court and defeated the WSDA, who doesn't know anything about them?

The WDO Standard has been around since 91' Wendy, many disagree with it but no one has gotten rid of it either. Tell us oh Wonderful Wendy how you will prove that the WDO Requirement is Crap. Give us all that great legal advice. Just because its in this proposal, it doesn't mean that WSDA will agree to give up its power

It wasn't anyone on the Advisory Board who asked me not to stir the pot yet, it was someone else who has the same interests as me who convinced me to wait and see what the Board's proposal was. Now I've seen it, some good some bad, I'm against it as written, but I could live with it if it was passed, could you?

If you have problems with the proposal contact Domagala, I had nothing to do with it. You can find him on NACHI's "Find an Inspector" or here:




Contact Gerald J. Domagala
Phone: (360) 715-8745
Web: www.nwinspector.com
E-Mail: Click Here

He also appears on the Featured Inspectors List.

If you want to rally ***** about the SPI requirement then why don't you call or email Dr. Soumi at the WSDA, tell him who you are, the name of your business, and that you think the requirement is crap and you refuse to be licensed, when he has your business license revoked, take him to court.

Dr. Dan Soumi 360-902-2044 or dsoumi@agr.wa.gov

Go For It Wendy
YAAAAAAAWN.

Won't need to Lewis. It's going to be taken care of for me. It's obvious that everyone is realizing what a mistake it is.

Boy, you sure you have this much energy to get into such a hissy over me. You sure are wasting alot of typing on me.
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  #28  
Old 1/9/07, 5:46 AM
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Default Re: Washington Home Inspectors Poll

Quote:
Originally Posted by jbushart
No.

Having a "NACHI voice" on a make believe "coalition" is not to solicit your input, but to enhance the illusion that the "coalition" actually represents the views of all of the members of all of the associations at the table. Your voice at that table would be no more relevant than if you were to shout out your window, right now.

Ask Jay Schwartz in Florida. He sat at the table of a "coalition" that is recommending to his state that all people pass a drug test to get a home inspection license. How ridiculous is that? Do you think his objection, or NACHI's, is heard by anyone?

Not having NACHI represented is a plus, for now it is even easier to convince the state that the world's largest association had nothing to do with that goofy proposal.
I actually agree with this. Looks like things worked out for the best after all.
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  #29  
Old 1/9/07, 5:47 AM
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Default Re: Washington Home Inspectors Poll

You are hilarious Lewis if you think anyone can have my business license revoked for NOT performing any home inspections while NOT holding a SPI license.

Yep, he's really gonna be able to get me for doing draws and stuff eh?

Not to mention, he isn't who has the power to revoke a business license. He can request it, but has no power in and of himself to revoke it.
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  #30  
Old 1/9/07, 11:52 AM
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Default Re: Washington Home Inspectors Poll

Quote:
Won't need to Lewis. It's going to be taken care of for me. It's obvious that everyone is realizing what a mistake it is.
The SPI requirement came into effect back in 91' or 92' Wendy, this Proposal is just a proposal, if you knew anything at all about Washington State bureaucracy you would know that no agency or department is going to willingly give up any of its power, and if you actually looked at the poll at the top of this post you would see that the majority of us want to keep our SPI License, that's probably because we want to drive other inspectors out of business, those who don't choose to have a license right?

Who is "everyone" Wendy? We're still waiting for who the "Several" Inspectors were who wanted you to be their Lobbyist...who were they again?

Quote:
Not to mention, he isn't who has the power to revoke a business license. He can request it, but has no power in and of himself to revoke it.
Then call him. If you aren't doing Home Inspections, how are you going to meet any grandfathering requirement and why does your website continue to say you do? If someone were to book an Inspection from your site, what would happen?

If you are not doing Home Inspections then how do you claim to be a Home Inspector and why should any Inspection Regulation concern you? You may have nearly 5000 Posts in less than a year, but that doesn't make you NACHI's "Voice".

And Soumi does have the power to have your license suspended, if not revoked, and he also has the power to levy a Fine against Inspectors Operating in violation of Washington Law, your business license can be suspended until the fine is paid and then an Inspector charged can challenge the Actions of the WSDA in court, but that's about it. Soumi is the WSDA "cop", he is the one who investigates complaints against inspectors, give him a call Wendy. Or are you going to continue to tell us about what the WSDA is doing without ever talking to them, its obvious you know nothing about the subject, but hey, that never stops you does it.

I took you off "Ignore" just to see the asinine comments you would be making about licensing, usually I only do that to see how many "White Knights" I can get to rise in your defense, but that doesn't happen very often any more.
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