Tennessee inspection licensing coming. Attend the meeting.

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Tennessee inspection licensing coming. Attend the meeting.

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Nick Gromicko
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Posted: Jan 10, 2005 5:38 PM       Post Subject:

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Nick Gromicko
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Ben Kelly

Kelly Home Inspections
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Posted: Feb 18, 2005 8:45 PM       Post Subject:
I had every intention to be at the meeting, however next week on Wednesday I will be having shoulder surgery in Nashville. This has very much messed up my schedule, my work, and everything else. I am very sorry I cannot make it, someone please take note for me!
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Nick Gromicko
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Posted: Feb 19, 2005 1:07 AM       Post Subject:
I'll email you a brief of the meeting. Get well soon.

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Nick Gromicko
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Nick Gromicko
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Posted: Feb 28, 2005 1:42 PM       Post Subject:
After the meeting Rob put through and ammendment to include the following changes we sought:

1. Redefines "home inspection report" to delete requirement that a home
inspector estimate the remaining service life of a system or component.
2. Deletes requirement that a home inspector make a recommendation to
remedy a deficiency in a system or component.
3. Replaces "mold" with "fungus" in the list of environmental hazards
not included in a home inspection report.
4. Changes "experts" to "persons with at least five years' experience"
for the Commissioner's advisory panel, and directs the Commissioner to
appoint at least one member each from the various home inspector trade
groups.

5. Adds language allowing the Commissioner to accept a bond in lieu of
a certificate of errors and ommissons insurance.
6. Deletes subsection that exempts persons with a contractor's license
from the prelicense education requirement.
7. Adds language allowing a 60-day grace period for license renewal.
8. Changes "Using a home inspection to deliberately obtain work in
another field or profession" to "Using a home inspection with the
intention to obtain work in another field or profession" in the list of
prohibited acts.
9. Adds a new section authorizing the Commissioner to promulgate public
necessity rules.
10. Changes the effective date from January 1, 2006, to July 1, 2006.

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Nick Gromicko
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I much prefer email to private messages.

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Ben Kelly

Kelly Home Inspections
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Posted: Mar 7, 2005 7:53 PM       Post Subject:
Why does this keep getting pushed back? Is it epected to pass this time?
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Nick Gromicko
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Posted: Mar 7, 2005 7:57 PM       Post Subject:
I promise you it will pass. I'm pushing with all my might.

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Nick Gromicko
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Greg Bell

Bell Inspection Service
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Posted: Mar 7, 2005 9:30 PM       Post Subject:
Hi Nick,

I hope you can help me out here as I am a little confused. It appears that this is very similar to what we have proposed in Florida. Why are you supporting this bill and fighting the one in Florida. Please explain the difference.

Thank You

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Greg Bell
Bell Inspection Service

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dhernandez
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Posted: Mar 21, 2005 2:11 AM       Post Subject:

Please Note: This user is a non-member guest and is in no way affiliated with NACHI.
I have also been very busy. I haven't had much time for anything else but working the past couple of months. I am very much in favor of the licensing. And I am looking forward to it. Nick, please email me updated info on this matter as often as you can.

-Dan
Best Home Inspection Service, LLC
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Michael Jones

From The Ground Up Inspections LLC
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User: mjones3
Posted: Mar 22, 2005 9:56 AM       Post Subject:
I wrote a reply yesterday to Danny Hernandez, which was " I've noticed a (Baby Boom) in the inspection industry in my area". Every day you hear of new inspectors in the area, an estimate would be that we have more than doubled in less than a year. I'm all for the state licensure, my personal opinion is the tougher the standards, the better the industry will be, and we should be held accountable for we are professionals, especially if want to be [PAID]as such. Along with the licensure, for all new to the industry I personally think some one just starting out should be mentored by certain appointed inspectors in your area who have met a certain criteria and uphold a high standard. If steps are not taken soon I'm afraid the industry may get a black eye or two, and may take awhile to recover. I'm all for competition, I think it keeps us all on our toes, but all these new people, some just printing cards saying thier inspectors, and greatly under cutting prices are hurting us. We also need to ban together and set some minimum standards for pricing.[/b][/u]
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Larry Franklin

HomeTeam Inspection Service
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Posted: Mar 31, 2005 11:59 AM       Post Subject:
Where does this stand as of today? Does anybody know?
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Larry Franklin

HomeTeam Inspection Service
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User: lfranklin
Posted: Mar 31, 2005 12:10 PM       Post Subject:
Heard through the grapevine that the state bill passed without the amendments, but the house bill still has the amendments attached to it.

Does anybody know if this is true?
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John Cockerel

Inspection Services of Tennessee
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User: jcockerel
Posted: Apr 4, 2005 7:02 PM       Post Subject:
I just found this out.

TN Home Inspector Licensing Bill Passes!

The Home Inspector License Act, TAR's priority legislation for
2005, was PASSED last week by both the Tennessee House and Senate,
and now awaits only Governor Bredesen's signature!

The Act will create education, testing, and ethical standards
for home inspectors, and is designed to allow open access to
licensure while ensuring a reasonable level of competency among
practitioners.

Under the legislation, to obtain a license, applicants will
have to complete 90 hours of pre-license education, pass a competency
exam, and obtain insurance for general liability and errors and
omissions. Licensees will have to complete 32 hours of continuing
education every two years.

For answers to any questions you may have about this bill,
please contact Rob Broome, TAR Director of Governmental Affairs, at:
rbroome@tarnet.com



And this...


April 1, 2005

MEMORANDUM

TO: Roger Williamson, President, East Tennessee ASHI Chapter
Gary Hart, President, Mid Tennessee ASHI Chapter
Donald Merritt, President, Mid South ASHI Chapter

FROM: Kathi Kilgore

RE: Tennessee Legislation Updates ? SB 0302 and HB 0006

As reported earlier, SB 0302 and HB 0006 are companion bills titled, ?The Tennessee Home Inspector License Act of 2005.? The bills would repeal the current Tennessee home inspector licensure regulations and set new licensing requirements.

The bills set forth definitions relating to home inspectors. The bills also defines the powers of the Commissioner of Commerce and Insurance in enforcing home inspectors regulations, issuing and suspending licenses, establishing educational standards, adopting a code of ethics and standards for home inspectors, and charging and collecting fees. The commissioner would also be authorized to appoint a committee of experts in the home inspection field to advise the commissioner with rulemaking.

The bills also create requirements for a person to apply for home inspector licensure. Applicants must furnish evidence that he or she is at least 18 years old and has successfully completed high school or equivalent. Applicants must have no convictions in relation to crimes that have direct bearing on the ability to perform as a licensee, and applicants cannot be the subject of a disciplinary or enforcement action in connection with the performance or licensing of home inspectors. In addition, applicants must obtain a certificate of insurance in an amount required by the commissioner for general liability and errors and omissions. Applicants are also required to complete a commissioner- approved 90-hour training program and examination. Persons possessing a contractor?s license issued by the Board for Licensing Contractors are exempt from the training program and examination requirements.

Under the bills, home inspector?s licenses would expire every two years. To renew one?s license, one must complete 34 hours of continuing education, obtain a certificate of insurance as required by the commissioner, and have not violated any rules or regulations regarding home inspectors. The bills also define the prohibited acts that may result in civil penalties, suspension, revocation or refusal of licenses.

HB 0006 History
HB 0006 was filed on January 11 by Representative Curtiss, and was introduced and passed first consideration on January 12. The bill was then referred to the Commerce Committee and the Committee on Government Operations for review. A hearing on the bill was held for February 16 in the Committee on Government Operations. The Committee recommended the bill for passage and referred it to the Commerce Committee. HB 0006 was then assigned to the Commerce Committee?s Small Business Sub-Committee. The Commerce Committee?s Small Business Sub-Committee held a hearing for HB 0006 on March 1.

On March 1, the Committee recommended the bill for passage with amendments. The bill was then referred to the Commerce Committee. The amendments included redefining ?home inspection report? by deleting the requirement that a home inspector estimate the remaining service life a system or component. The amended bill also deleted the requirement that a home inspector recommend how to remedy a system or component deficiency. The list of environmental hazards not included in a home inspection report was altered with the word ?mold? being replaced with ?fungus.? In addition, the subsection that exempts persons with a contractor?s license from pre-license education was deleted. In the list of prohibited acts, the amended bill would change ?Using a home inspection to deliberately obtain work in another field or profession? to ?Using a home inspection with the intention to obtain work in another field or profession.?

The amended bill also made changes in relation to the Commissioner of Commerce and Insurance. First, the word ?experts? was replaced with ?persons with at least five years? experience? when referring to the Commissioner?s advisory panel. The amended bill also directs the Commissioner to appoint at least one member from each of the various home inspector trade groups and adds language allowing the commissioner to accept a bond in lieu of a certificate of errors and omissions insurance. A new section was added, which authorizes the Commissioner to promulgate the necessary rules and the effective date was changed from January 1, 2006 to July 1, 2006.

On March 8, the Commerce Committee held a hearing on HB 0006 and recommended the bill for passage with amendments. Most of the language of the prior amendments was maintained. However, the provision allowing the Commissioner to accept a bond in lieu of a certificate of errors and omissions insurance was removed. In addition, the Commerce Committee further amended the bill by adding provisions regarding failure to timely pay home inspector license renewal fees. The new language states that if a home inspector fails to pay a renewal fee he or she may be reinstated without examination within 60 days after the license expiration date upon providing proof of payment. The Commissioner also has discretion in waiving reexamination and additional education requirements for those wishing to reinstate their license. The Commissioner may also impose penalty fees. The bill was then referred to the Finance, Ways & Means Committee.

HB 0006 was placed on the Budget of Finance, Ways & Means Sub-Committee?s calendar for March 16. At this meeting, the sub-committee recommended the bill for passage and referred the bill to the Finance Ways & Means Committee where a hearing was held March 22. At the March 22 hearing, the bill was amended to change the use of the word ?training? rather than ?program? when referring to continuing education requirements. This amendment, however, was later withdrawn. HB0006 was then recommended for passage if amended and referred to the Calendar and Rules Committee where a hearing was held March 29.

At the March 29 hearing, HB 0006 was substituted by its companion bill, SB 0302.

Here is a link to the introduced bill for your reference: [url]http://www.legislature.state.tn.us/bills/currentga/BILL/HB0006.pdf

Here is a link to the amended bill for your reference:
http://www.legislature.state.tn.us/bills/currentga/Amend/HA0041.pdf

Here is a link to the amendment that was withdrawn:
http://www.legislature.state.tn.us/bills/currentga/Amend/HA0088.pdf


SB 0302 History
SB 0302 was filed for introduction on February 1 by Senator Cooper. On February 2 the bill was introduced and passed first consideration. The bill was then referred to the Commerce, Labor and Agriculture Committee, where a hearing was held March 8. At the hearing, action on the bill was deferred until March 15. A Commerce, Labor and Agriculture Committee hearing was held March 15.

At the March 15 hearing, SB 302 was recommended for passage unanimously with amendments. The bill was then referred to the Senate Calendar Committee, which is responsible for scheduling bills and resolutions for consideration by the Senate. SB 302 was placed on the Senate calendar for March 23, and then referred to the Senate Finance, Ways and Means Committee. A hearing for the bill was held on March 29.

At the March 29 hearing, SB 302 was recommended for passage and placed on the Senate Calendar for March 31. The Senate added two additional amendments to the bill, both of which were later withdrawn. The bill passed the Senate unanimously. The bill was then enrolled and ready for signatures.

The amendments made at the March 15 hearing have been recently posted online. The amendments made are identical to those made to the companion bill HB 6 in early March. The amendments included redefining ?home inspection report? by deleting the requirement that a home inspector estimate the remaining service life a system or component. The amended bill also deleted the requirement that a home inspector recommend how to remedy a system or component deficiency. The list of environmental hazards not included in a home inspection report was altered with the word ?mold? being replaced with ?fungus.? In addition, the subsection that exempts persons with a contractor?s license from pre-license education was deleted. In the list of prohibited acts, the amended bill would change ?Using a home inspection to deliberately obtain work in another field or profession? to ?Using a home inspection with the intention to obtain work in another field or profession.?

The amended bill also made changes in relation to the Commissioner of Commerce and Insurance. First, the word ?experts? was replaced with ?persons with at least five years? experience? when referring to the Commissioner?s advisory panel. The amended bill also directs the Commissioner to appoint at least one member from each of the various home inspector trade groups and adds language allowing the commissioner to accept a bond in lieu of a certificate of errors and omissions insurance. A new section was added, which authorizes the Commissioner to promulgate the necessary rules and the effective date was changed from January 1, 2006 to July 1, 2006.


Here is a link to the introduced bill for your reference:
http://www.legislature.state.tn.us/bills/currentga/BILL/SB0302.pdf

Here is a link to the amended bill:
http://www.legislature.state.tn.us/bills/currentga/Amend/SA0101.pdf

Here is a link to the first amendment that was withdrawn:
http://www.legislature.state.tn.us/bills/currentga/Amend/SA0102.pdf

Here is a link to the second amendment that was withdrawn:
http://www.legislature.state.tn.us/bills/currentga/Amend/SA0165.pdf



cc: Bob Kociolek, ASHI Director of State Affairs
ASHI Legislative Committee Members



John
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Jackie Minchey

Mid State Home Inspections
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Posted: Apr 12, 2005 8:50 PM       Post Subject:
If I am understanding this to be correct, July 1st is the anticipated date for the bill to be enacted?
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John Cockerel

Inspection Services of Tennessee
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Posted: Apr 12, 2005 9:05 PM       Post Subject:
Jackie,

The way I read it, it is to become law July 1, 2006.


John
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Barron Erby

Erby Home Insepction
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Posted: Apr 12, 2005 10:18 PM       Post Subject:
Barron,

I'm lost with all this law stuff. Where do we go to get our 90hrs. of pre-license education and take a competency exam? Also do this act go into effect July 1, 2005 or January 1, 2006? Also will nachi help us get our licence in order.
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tjohn
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Posted: Apr 12, 2005 10:56 PM       Post Subject:

Please Note: This user is a non-member guest and is in no way affiliated with NACHI.
I too, like Mr. Bell wonder why Nick supports one state license and opposes another. He fights Kentucky and supports Tennessee. He fights Florida and ignores Indiana. All bills very much alike. What goes Nick?
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Nick Gromicko
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Posted: Apr 14, 2005 12:55 PM       Post Subject:
All bills are not the same.

We have a member on the IN licesning board already and licensing is very easy IN. So we are fine in IN. Florida is up in the air but I'm basically working all sides of it to try to assure that NACHI members will be fine no matter what happens. I just want to be prepared and I am so we'll be fine in FL.

You mention KY & TN being the same... not true.

I fought KY because it orginally excluded NACHI, the largest association in Kentucky! I'd explain why this happeened but it is all in the past and over. Our paid lobbyist worked for 9 months to get an ammendment to add NACHI to the licensing board. Senator Buford is sponsoring it and Senator Tapp is in support of it. So we are fine in KY.

I supported TN with TAR because it even recommends that the Commissioner appoint a NACHI member to the board. Here is the line from the bill: "The Commissioner shall strive to include at least one (1) member from each of the following .... National Association of Cerfified Home Inspectors... " So we are fine in TN.

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Nick Gromicko
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Richard Moewe

Comprehensive Home Inspection, Inc.
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Posted: Apr 17, 2005 9:40 AM       Post Subject:
Nick,
I thought that you going to try a have the E&O insurance removed from this bill. As I see it now, it sits on the governors desk with the E&O still included. What is up??
Are they going to accept the Nachi test or do I have to take the NHIE? I like the Nachi test, since it is free. I am going to have to spend a lot more money to stay in business. I am hoping with the new bill that it will put the ones who don't have a clue to what they are doing and the ones who can't afford E&O out of business. Then all licensed inspectors in TN can raise their prices. I personally am looking forward to it. icon_biggrin.gif
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Richard Moewe

Comprehensive Home Inspection, Inc.
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Posted: Apr 17, 2005 9:55 AM       Post Subject:
Also, what is going on with section 4-D. What are we going to tell our clients when they call us back and want to know why we did not tell them that the house was infested with mold & termites. We are also not allowed to tell them that none of their sill plates and deck is not made from pressure treated wood. I guess that I will also have to throw away my CO meter, since I can not mention it in my report that the CO levels are way beyond the safe levels. I can not report on water supply or sewage disposal either. This bill is a joke and was written by realtors who have omitted all of the big deal killers. Maybe you should have had someone lobby here in TN. The bill should have been made by someone other that realtors. This is BS. It also leaves all HI's in TN susceptible to major law suits. icon_twisted.gif
Is the TAR going to pay for our attorney fees, when we go to court over something that we can not report on and should????
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Richard Moewe

Comprehensive Home Inspection, Inc.
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User: rmoewe
Posted: Apr 17, 2005 10:02 AM       Post Subject:
What is going to happen when the little old lady who buys the house, slips and breaks her hip, because there was fungus on the wood deck, that we can not report on???
I can see my very professional report being brought down to: There is a slimy substance on the wood deck that should be removed.
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