New York Licensing .. based on todays NACHI Mtg in Albany

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New York Licensing .. based on todays NACHI Mtg in Albany

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ahalstead
NACHI Member: No
(as of 3/25/07)
Inactive Poster
Posts: 56
Posted: Nov 18, 2005 9:45 PM       Post Subject:

Please Note: This user is a non-member guest and is in no way affiliated with NACHI.
At today's meeting it was discovered that 90 - 95 percent of those in attendance are in jeopardy of losing their livelihood due to the fact that NY State has not provided ample time for obtaining any required education/experience requirements prior to 1/1/06. Without the development of an approved curriculum or schools with ample time for taking and meeting the requirements many of us (myself included) would be out of business on January 1.
Today, Dan Osborne spoke to us at the NY Capital Region CATS seminar regarding the requirements and it was the concensus of the attendees that most would not be able to be grandfathered in in accordance to the current legislation. It was suggested and discussed that we need to talk to our assembly people and state senators regarding this atrocity. Dan had mentioned that it was NOT the intention of the state to put anyone out of business except for the occasional HI who did not keep up with today's standards and the schlockers.
Tonight i found a bill # A07203 which was sponsored by Assemblyman Kolb in April of 8 of 2005. It addressed providing a 9 month grace period commencing from 9/21/05 for current Home Inspectors to obtain their requirements for licensing. "The purpose of this legislation is to protect and allow for a person
to have sufficient time to complete all required curriculum
coursework, field training and examinations." (quoted from the bill) As discussed today during the meeting, We need to see what happened to this bill and to force its enactment or anything similar to such in order that we are not unemployed as of 1/1/06.
There were people in the class with better contacts than i who volunteered to work in this effort.
Let's all get to work and start calling our senators and assmbly persons in NY to start working on this asap, so that the 90 - 95 percent of us still have a trade ome January.
Allen halstead
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Dan Osborn

Upstate Home Inspection Service
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 31
User: dosborn
Posted: Nov 19, 2005 6:10 PM       Post Subject:
At today's meeting I put forth a plan and offered to make the necessary visits to the Assembly people's offices to see if anything can be done for the Inspectors that will not be Licensed thru Grandparenting. We will need to get the cooperation of all of the affected inspectors that we can. I was asstounded that at this meeting of 55 Home Inspectors, we had 18 new Inspectors that would be put out of business on January 1, 2006. Below are a list of things I need from the NACHI Members.........

1. I need a complete list of Home Inspectors in New York State that will be put out of business. If this law puts you or anyone you know out of business send me that persons name, address, phone number, email....... if you do not have all the info... send me what you can...... I will keep a complete list here and will fill in the blanks..... This will help when I talk to Assembly woman John's office or Sheldon Silver's office..... This includes any Inspectors from any organization, so if you know some ASHI inspectors etc... send me their names also...... We will want to put a petition together and have it delivered to the Govenors office etc....... THE MORE PEOPLE WE HAVE ON THE LIST THE BETTER, so lets make it a complete list. Email this info to me please.

2. Over the next few weeks, we need to make some phones ring at the Assembly. Below are the important ones......

Assemblymember Susan John
Albany Office
LOB 522
Albany, NY
518-455-4527

johns@assembly.state.ny.us

District Office
840 University Ave
Rochester, NY 14607
585-244-5255

Assemblyman Brian Kolb
Albany Office
LOB 720
Albany, NY 12248
518-455-5772

District Office
607 West Washington St. Suite 2
Geneva, NY 14456
315-781-2030

kolbb@assembly.state.ny.us


SPEAKER
Assemblyman Sheldon Silver
Albany Office
LOB 932
Albany, NY 12248
518-455-3791

District Office
250 Broadway Suite 2307
New York, NY 10007
212-312-1420

speaker@assembly.state.ny.us

Above are 3 emails, 6 phone numbers, and 6 addresses..... call each number be sure to leave a message.... write 6 letters, make them have to sign for the receipt....... write 3 emails

I think the point of these communications should be that you are not upset with the bill, you just think they are rushing the legislation and putting you out of business. If the schools were named and licensed then given 6 months before the bill comes into effect you could transition WITHOUT having to stop working.......You are legally working now....... so why not slow the transition period down...... instead of killing your business.... (you get the idea.) Please over the next few days...... everyone call and write...... On Wednesday I will call Susan Johns office and try to make an appointment for the following week...... the more they hear from you guys the easier and quicker I will get in to talk to them. By the time I talk to them I would like to have a full list of each person it puts out of Business. That gives us a week to get all the names to me....

On Monday I will talk to my attorney and see about an injunction or class suit we can bring......... it doesn't have to be winnable..... it just has to have merit....

Any one with any other ideas, I am all ears.......

Dan Osborn
Upstate Home Inspection Service

Oops, spell check disabled when I am posting this...... this might be ugly.
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Christian Pogoda

Home Pro Home Ins., LLC NYS Lincense# 16000023007
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(as of 3/25/07)
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Posts: 3
User: cpogoda
Posted: Nov 19, 2005 7:42 PM       Post Subject:
Good advice Allen!
Good advice and great information to share Dan. I too will be out of inspecting on 1-1-06. You can be sure with your information Dan , I will be communicating this week.
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Dan Osborn

Upstate Home Inspection Service
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 31
User: dosborn
Posted: Nov 19, 2005 8:06 PM       Post Subject:
Christian,

Please email me your contact info...... so I can add you to the list.

Dan Osborn
dosborn@upstateinspection.com
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ahalstead
NACHI Member: No
(as of 3/25/07)
Inactive Poster
Posts: 56
Posted: Nov 19, 2005 8:14 PM       Post Subject:

Please Note: This user is a non-member guest and is in no way affiliated with NACHI.
Dan,
Fantastic post .. If I can be of any other help please feel free to contact me (cell phone is the best) .. some other input

1. Ms. Johns zip is 12248

2. Ms. Johns Bill was co-sponsored by Sandra Wirth .. she is at LOB 546 in Albany and her home address is
5763 Seneca St.
Elma, NY 14059
716-675-7170
wirths@assembly.state.ny.us

we should also contact our local assemblyperson (mine happens to be Pat manning) and our local State Senator (Saland for my area)

the more that hear from us the better in this case ..
thanks for all the info Dan ..
My contact info will be emailed to you
Thanks,
Allen
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Bill Merrell

Merrell Institute-NYS Instructor
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 276
User: bmerrell
Posted: Nov 21, 2005 6:53 PM       Post Subject:
https://www.nachi.org/bbsystem/viewtopic.php?t=15252

I posted the law months ago. No senate sponsors- You can read it from months ago in Education- To date the law will go forward. No chance of an injunction since it would require a federal injunction since this has been signed by the Governor and passed by both the senate and assembly in NY State.

I agree it should have been phased in. I wish it was acted upon months ago before the session was ending.
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Rickey Paul

REP Home Inspection
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 211
User: rpaul
Posted: Nov 23, 2005 11:12 PM       Post Subject:
The sad part about the bill is. It was past at a time when not all Senators and Assemblyman were not present. When these folks are not there it counts as a Yea! This is why a few of the state people know about it and they act that way. Go back and look at the history of it all. Then when it is past and the state had alot to do in a year and 3 months. This is bigger than they really realized it. Then it was not really acted upon on until after February of this year so they had from February until about 3 weeks ago to get it all rolling. Man, if you know how NYS operates, no wonder this is such a goofy system. The state can't even tell someone how to start, let alone how to continue. I was told by a female in the State office last week, we are actually only looking at people with 3 years and the 300 inspections right now. That is the easiest way to do it.
I have to admit, I am on hte border line. I did not go to a HOME INSPECTOR SCHOOL but I have all the qualifications. I have to give the state all my paperwork and life experience. I have the years but short on the inspections. So I actually fall into the grey area. I won't be out of business just have to provide more paperwork. Past Inspections, Schooling, past job expeerience and insurance papers, and Test taking. I was told then it will be evaluated. So tell me, I would rather be a definate IN or OUT. So I know what I have to do next, oh yeah I have to send them the 250.00 deposit licensing fee. So if I miss, I will not be happy at all. This is what I am doing, step by step and a lot of phone calls to the state.
Rick
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Leonard Ungar

All Around Home Inspections
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 287
User: lungar
Posted: Nov 23, 2005 11:31 PM       Post Subject:
Hi! Rick;
I just read your post and I don't see any reason that you cannot get your license.
#1 You say you have 300 inspections,good you only need 250 and you don't have to take a test.
#2 You have been inbussiness for more that 3 years good
#3 Make sure you have PL insurance.
#4 Send the state 250 and most likely you will get your license.
If you have a application everything is is there, what you need to do.
If I can be of any help email me at allaround@optonline.net
Regards Len
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Dan Osborn

Upstate Home Inspection Service
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 31
User: dosborn
Posted: Nov 24, 2005 9:38 AM       Post Subject:
Rick and Len,

There is no time limit that you have to be in business, its just that the 250 inspections that you have, must have been performed within the last 3 years. It is an effort to keep inspectors that have not been active in the last 3 years from getting licensed. If you have been in business for 2 years and still have the 250 you are fine....

Dan
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Leonard Ungar

All Around Home Inspections
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 287
User: lungar
Posted: Nov 24, 2005 12:16 PM       Post Subject:
Dan;
You said what I meant better than I did. The application is fairly easy to understand just go step by step and everything should be fine.
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Rickey Paul

REP Home Inspection
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 211
User: rpaul
Posted: Nov 24, 2005 4:07 PM       Post Subject:
Dan,

You made this comment in the qualifications.
"Make sure you have PL insurance." What do you all call PL Insurance? In the paperwork I recieved from the state says "General Liability" 150,000 & 500,00. I have a coverage of Contractor's General Liability with coverage of 300,000 and 1,000,000 covering Pesticide Applications for PA.
What do you consider "Professional Liability". I heard the other statements that needs say is that NYS will be notified of any lapse of insurance coverage. I emailed my Broker to see if this statement can be added to my Binder.
The statement about a time limit of years is as followed and quoted directly of the paperwork. Experience: Satisfactory proof that you performed 250 or more home inspections for compensation within 3 years prior to December 31, 2005. Claimed experience will be subject to verification at a later date.
So guess what anyone who is trying to play the game of just filling out paperwork. I hate to be the one who has to come up with the empty evidence.

3 things I see here.
- within the past 3 years.
- compensated for.
-verifying the experiences.

besides the GENERAL LIABILITY of 150,000 and 500,000.

Good Luck guys and gals. Have fun doing inspections.
The statement from a very successful businessman,
"Success is doing whatyou enjoy doing and doing it welland making good money doing it."

This has always been my feeling but now I know I am on the right road.


Rick
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Dan Osborn

Upstate Home Inspection Service
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 31
User: dosborn
Posted: Nov 24, 2005 6:07 PM       Post Subject:
Rick,

Yes, as you said........ 250 inspections within the last 3 years...... But that statement does not say... that you have to be in business for any specified time....... I have done over 450 in the last two years....... been in business for 2 years 2 months.... I still qualify....

Dan
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Rickey Paul

REP Home Inspection
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 211
User: rpaul
Posted: Nov 24, 2005 11:56 PM       Post Subject:
Dan,

As it said 250 in the past 3 years. My question is if you have been in business for 10 years and in the past 3 years you have done only 150. Will that person qualify? If it goes by what is written NO! I agree with your statement there is not time of being in business just how many you have done for compensation in the past 3 years.
My question is to anyone about this PL Insurance, what is that? Why are people saying it is required when it is General Liability? Just wondering? I have heard it for a while.

Rick
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Joe Farsetta

Advanced Professional Services Group, Inc.
NACHI Member: Yes
(as of 3/25/07)
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Posts: 3743
User: jfarsetta
Posted: Nov 25, 2005 7:35 AM       Post Subject:
Ricky,

Show them proof of general liability coverage in the amounts required.

If you have been in business 10 years, and have only completed 150 inspections, then you'll need to take an exam. Since you have passed the NACHI exam, and it has been accepted for grandfathering, you will be okay.

Joe Farsetta
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Justo Mickey Rivera

Shield Home Inspections
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 318
User: jrivera
Posted: Nov 25, 2005 12:12 PM       Post Subject:
rpaul wrote:
Dan,

My question is to anyone about this PL Insurance, what is that? Why are people saying it is required when it is General Liability? Just wondering? I have heard it for a while.

Rick


Sounds like he wants to clarify the wording of Professional Liability and General Liability.

Do they mean the same thing, will those words be interchangable and understood by others when papers are reviewed ?
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Dan Osborn

Upstate Home Inspection Service
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 31
User: dosborn
Posted: Nov 25, 2005 5:57 PM       Post Subject:
If I said PL in a previous post, then it was my error. All that is needed for insurance is General Liability...... not E & O ...... I have heard in the past the term PL used as Property Liability..... not Professional Liability...... you will need for Licensing purposes........ General Liability and you will not need E & O..... Sorry for the confusion....

Dan
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Christian Pogoda

Home Pro Home Ins., LLC NYS Lincense# 16000023007
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 3
User: cpogoda
Posted: Nov 26, 2005 4:07 PM       Post Subject:
Joe Farsetta,
You wrote:

" Since you have passed the NACHI exam, and it has been accepted for grandfathering, you will be okay."

Joe, this is the only grandfathering I fall under. That means I will need to: 1) school
2) gather some liability ins.
3) send the state an app. fee of 250.00 and I should be good? No state test?
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Joe Farsetta

Advanced Professional Services Group, Inc.
NACHI Member: Yes
(as of 3/25/07)
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Posts: 3743
User: jfarsetta
Posted: Nov 27, 2005 3:41 PM       Post Subject:
Chris,

Have you completed 100 inspections ?

Have you gone to a school?

If you have completed 100 inspections, you simply need to take the State exam. If you have already passed the NACHI exam, it will be accepted.

However, if you have not completed 100 inspections, you may need to enroll in an approved course of instruction. If you have already gone to a school, your course is eligible for review by the State DOS on a case-by-case basis.

Which apply to your situation?
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Rickey Paul

REP Home Inspection
NACHI Member: Yes
(as of 3/25/07)
NACHI Member
Posts: 211
User: rpaul
Posted: Nov 27, 2005 5:20 PM       Post Subject:
Joe,

I have a two year degree in Fire Science and did a few building construction courses. I am also certified in NYS Building Code since 2004 and before. I am also have a National Certification for teaching Fire Science but did not take a Home Inspection course as you all are talking.
I also did 243 inspections in the past 3 years. I also took the NACHI online test. What do you think my chances are. A little nervous about being 7 inspection short. Just in case they go by the letter of the law and my luck.


Rick
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John Bowman
Executive Director
NACHI Member: Staff
(as of 3/25/07)
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Posts: 2502
Posted: Nov 27, 2005 5:57 PM       Post Subject:
Your confusing me Rick. Please read the requirements again.
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