Washington State latest

[James H. Bushart]

Originally Posted by lcapaul

Business is Business James, what do State lines have to do with it?

Well, in the case of laws that effect people's lives who reside within a state, I would think that geographical boundaries are pretty important.

I would think that you would, too, since this legislation could very easily backfire on you in committee and become a law that keeps you from doing business in that state. In that regard, state lines will become very significant.

[lcapaul]

I don't know about others, but I plan on keeping my SPI. It would be a marketing plus to be able to say that "I don't defer, I include a pest report as part of my FULL HOME INSPECTION REPORT. My competition defers to another company that will charge you more money."

I hate to admit it Stephen, but I'm leaning that way too, I'm not sure though wheter to Market the WDO Inspection as an "added" feature of my Home Inpsection, or as an Additional Inspection like Radon, mold, Water'Well, etc.

My main ***** has been that I am forced to be a Licensed Pest Inspector who does Home Inspections intead of a Home Inspector who chooses to do Pest Inspections.

I don't believe this new proposal will go much of anywhere, there will be too much opposition to the grandfathering clause and the mentoring, that may be why the Board wrote it this way, from what I've heard most of the Board Members are against Regulation. When a proposal is written to be so Protectionist, it must have been written to fail.

[lcapaul]

Originally Posted by jbushart

Well, in the case of laws that effect people's lives who reside within a state, I would think that geographical boundaries are pretty important.

I would think that you would, too, since this legislation could very easily backfire on you in committee and become a law that keeps you from doing business in that state. In that regard, state lines will become very significant.

Do you read at all James? The first thing is that by the time this Law Passes, if it does, I will be in my new House IN WASHINGTON, All I need to do to become a Washington Resident now is to change my driver's license and pay my Idaho Income Tax as a part Time Resident, my wife and I spend enough time living on our boat and at our cabin to qualify as Residents, just like the Snowbirds do. The second thing would be that a State cannot limit Interstate Commerce based upon the residency of the Business Owner. My business has been licensed in Washington State as an LLC for almost two years now, the majority of my inspections have been in Washington and in compliance with the present Washington State Laws.

Show me one example of any State being able to limit the ownership of Businesses to residents of their own State. How would they even write it?

Could they say that an Inspector would have to have performed 250 COMPLETE Inspections in accordance with previous Washington State Laws, and that the Inspector would have to prove that he had been a legally licensed business in Washington for three years, been there/done that (at leat I will have the 250 by the time the Bill takes effect, probably by the time it passes if I don't go to New Zealand in April).

Passing any Bill that restricted the ownership and operation of a business by a Non-resident would be very interesting, think of the ramifications, not even nationwide, but just in Wahington alone, think of the hundreds of business owners in Washington who live outside the State, many right here in Norht Idaho, or would your restriction limit the resident requirement to only HOme Inpsectors, that would sure make it a long way in the Courts wouldn't it.

[wforsyth]

Do YOU read at all Lewis?

erformed at least 250 full and complete home inspections as defined by the Standards of Practice

Since there is no SOP in place currently, I can only deduce that it will be according to a NEW SOP which would NOT include the current definition of full and complete, due to the fact that the WDO laws would no longer apply.

Check.

[lcapaul]

Originally Posted by wforsyth

Do YOU read at all Lewis?



Since there is no SOP in place currently, I can only deduce that it will be according to a NEW SOP which would NOT include the current definition of full and complete, due to the fact that the WDO laws would no longer apply.

Check.

Since there is no SOP currently in effect the only definition of a full and Complete Home Inspection would be one performed by a Home Inspector with an SPI License. You have to perform your Inspections to the present Standard, not one that has not taken effect , the grandfathering clause is about past inspections not future ones under a new SOP. You could not claim to have performed 250 "Complete" inspections under an nonesistant SOP, the way the proposal is written it doesn't mention where the 250 inspections had to be done, Inspectors coming from another State without the SPI requirement would have performed "Complete" Inspections, but in Washington a Complete Inspection requires mention of conditions conducive to WDO infestation, therefore to do a "complete" inspection in Washington you would need to have done the inspections in accordance with State Law and the NACHI or ASHI, etc. Sop's which require the reporting of moisture damage, water leaks, earth to ground contact, etc. Without the SPI you cannot legally follow the SOP or the COE, your inspections wouldn't count as the would be either illegal or partial.

But you aren't doing ANY Inspections until you get your SPI License right? So how are you going to meet any requirement for a number of Inspections, Draws are not Complete by any Standard?

[wforsyth]

You are dreaming Lewis. It states clearly "As defined by the SOP". Which means as defined by the SOP they will put into place. Not some imaginary one you keep hoping will put me out of business.

You are really getting desperate aren't you?

You sure are taking alot of liberty with what will be happening.

[wforsyth]

Oh, and by the way. As stated earlier, the earliest this law will go into effect is 2008. Grandfathered in inspectors will have one year from the date it goes into effect to file. So therefore we can count two years at least until the need to show the 250 inspections (which Steven thinks likely will be greatly reduced, as well as the number of years in business).

Do you REALLY hope that much that I won't have those inspections by then?

Aaaaaaaaand mate.

[lcapaul]

Not some imaginary one you keep hoping will put me out of business

.

The only Imaginary SOP right now is the one in this proposal, it is not in effect, NACHI's is, you cannot perform an Inspection to a Standard that has not yet been set, that's one of the problems with that part of the proposal its not very well thought out, it should be 250, or however many, Inspections performed to Standards acceptable to major HI Organizations at the time of the Inspections were done.

If you are counting on the SPI requirement being repealed yu may be sadly disappointed, and even if it is you cannot claim to have done even ONE Home Inspection in accordance with NACHI Standards and the NACHI COE, you either have done a partial inspection violating the SOP or you have broken State Law which violates the COE.

If you are the wonderful Inspector you say you are, then how much money is your refusal to obtain the SPI License costing you each month? You're always on the Message Board telling everyone your latest Sob Story, but your situation appears to be self created or at least worsened by your refusal to obtain the license necessary to make money.

If you don't like the upcoming State Regulation of Home Inspectors, if one passes, are you going to refuse to follow the new law too?

[wforsyth]

What a load Lewis. LOL.

You had better stop while you're ahead. You're bordering on slander again. You have no idea how I operate my business, all you do is guess, but to place it on this public message board as gospel truth when you have no clue about me or my business, is a really bad business decision.
You might want to develop some prudence here.

[wforsyth]

Oh, and if you weren't so clueless you would have picked up on the fact that I am sick and have been in pain for months now. It hasn't been in my best interest to pursue much of anything right now. Does a doctor become any less of a doctor when they take a leave of absence? No.

So the status quo may be changing sooner than you think and it may behoove you to change your tactics.

[lcapaul]

Originally Posted by wforsyth

Oh, and if you weren't so clueless you would have picked up on the fact that I am sick and have been in pain for months now. It hasn't been in my best interest to pursue much of anything right now. Does a doctor become any less of a doctor when they take a leave of absence? No.

So the status quo may be changing sooner than you think and it may behoove you to change your tactics.

Wouldn't you have to be practicing as a Doctor, or a Home Inspector, before you took a Leave of absence Wendy? and you have been Sick or under some other great state of Sob Stoyness since you stated posting on this board, you've worn that ploy for attention out.

Status Quo, what could change Wendy that wouldn't effect you more than any other Inspector who is presently performing Legal Inspections in Wshington? It seems that even if the SPI Provision is prepealed, that many of the Inspectors in your area will choose to keep their licesnse as a marketing tool or additional service, they're probably doing that to run you out of business right?

And Slander, show me where I slandered you, the truth is not slander Wendy, you website still says you are scheduling Home Inspections and you still pop up on Find and Inspector, it would appear that you are In Business doing Home Inspections, and no where under your "services" is a WDO Inspection mentioned.

I don't really care if you or the NACHI Inspectors in Eastern Washington ever get your SPI Licenses, but you shouldn't be such a hypocrits to cry that because I choose to inform my clients of the WSDA requirement and to tell them to make sure that the Inspector is they hire is Licensed, that I am out to drive you out of Business, you and the other unlicensed Inspectors choose not to have a license, that's your choice.

Actually I am bothered a little by the number of unlicensed NACHI Inspectors, especially in Eastern Washington, it makes NACHI look bad and therefore damages the credibility of my businesses asscoiation with NACHI. We have enough trouble with ASHI Inspectors telling Realtors that we are not qualified, all they need to do is look up the number of NACHI Inspectors in the area and they have proof, only 4 out of more than 20 have the Required SPI License, You are one of those who choose to make NACHI look bad.

[wforsyth]

Uh...correct me if I'm wrong Lewis, but weren't you the one griping before about me advertising on my website that I did WDO's when I didn't, when it was on the old website by mistake?

*rollseyes*

[lcapaul]

Originally Posted by wforsyth

Uh...correct me if I'm wrong Lewis, but weren't you the one griping before about me advertising on my website that I did WDO's when I didn't, when it was on the old website by mistake?

*rollseyes*

Not that I can recall, I may have though, although I usually say the same thing I just did, how can you say "Schedule an Inspection" or list "Services" without listing the "sevice" required by State Law.

How about the other questions I asked, what are the Laws that would stop a Home Inspector from any other State from operating a business in Washington, you imply that I, and others who live in Idaho or Oregon should be "worried" or "scared" about our future status, What Laws do you base that on? And the One Year Residency Requirement show me that Wendy, you're blowing a lot of smoke about this subject, show me where it's coming from.

[Harold E. Miller]

Washington State Department of Agriculture (WSDA)

Structural Pest Inspector Requirements

Licensing questions can be directed toll free to (877) 301-4555 or

license@agr.wa.gov.

Do I need to be licensed as a Structural Pest Inspector (SPI)?

(1) Are you conducting inspections for potential or proposed real estate transactions?

(2) Are you inspecting for or reporting on the presence or absence of any of the following?

1. • termites
2. • carpenter or moisture ants
3. • wood infesting beetles
4. • wood rot (fungus)

(3) Are you inspecting for or reporting on damage by any wood destroying organisms?

(4) Are you inspecting for or reporting on any of the following conditions?

1. • soil in direct contact with wood
2. • wooden or other conducive debris under or near the structure
3. • water in a structure from poor drainage or a plumbing leak
4. • failed caulk or grout at water splash areas
5. • inadequate clearances such as may be found in a crawl space
6. • restricted or failing gutter systems
7. • inadequate ventilation causing excessive moisture in wood
8. • vegetation in contact with the structure

If you answered "yes" to any of these questions, YOU must be licensed as a SPI.

How do I become licensed as a SPI?

1. • Determine the type of license(s) you need. If you conduct wood destroying organism (WDO) inspections and never apply pesticides, you only need the SPI license. If you do both inspections and applications, you need the SPI license and the appropriate applicator license. Refer to the Pesticide Licensing Fact Sheet for further information on applicator licensing.
2. • Pass the required WSDA exam(s).
   2. �� SPI license only - you must take the SPI exam. Study material for this exam includes the Pest Management Study Manual for Pest Control Operators (MISC0096), Wood Destroying Organism Key (EB 1814) and the Rules Relating to Wood Destroying Organisms (WAC 16-228-2005 through 2060). The first two are available from the Washington State University Bulletins Office at (800) 723-1763 or http://cru.cahe.wsu.edu/CEPublications/c0886/c0886.pdf. The rules are available at http://agr.wa.gov/PestFert/Pesticides/docs/WdoRules.pdf.
      
   3. �� SPI + applicator license - you will need to take the Laws & Safety exam and category exams in those areas you will be working. To qualify for the inspector license, you will need the PCO Structural category if conducting specific inspections or the SPI category if conducting complete inspections. Specific WDO inspections are those done for the purpose of identifying or verifying evidence of an infestation of WDOs prior to pest management activities. Complete WDO inspections are done for the purpose of determining evidence of infestation, damage, or conducive conditions as part of the transfer, exchange, or refinancing of any structure. Refer to the study manual order form for further information on study material for the Laws & Safety and PCO Structural exams. See the above bullet for information on the SPI study material.

So let's review #1 and #4 above and in red are things that home inspectors do......therefore it is nearly impossible to perform a home inspection without being licensed as an SPI legally.

[jclark1]

So Wendy, have you ever inspected for, or commented on any of the items posted in red (above)?
Have you ever inspected a home involved in a potential real estate transaction?
If not, then will you say here that you have never done even 1 home inspection?
Why are you advertising as a full service inspector if you are unable to legally perform such an inspection?
Can you post a sample inspection where you used a "licensed structural pest inspector" and how you made that inspector's report, work with your own report?
I don't want to get involved in a pissing match here, just providing some basic evidence for anyone who might want to file a formal complaint with ESOP.