Go Back   InterNACHI Inspection Forum > >

Notices

General Inspection Discussion This is a place for general discussion about the home inspection industry. Try to keep the posts topical, but they need not be as specific as the other areas of this board.

Reply
 
Thread Tools
  #1  
Old 2/9/06, 8:35 PM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
Certified Master Inspector ®
 
Join Date: Jan 2004
Location: God's Country, USA
Posts: 5,162
Exclamation New Hampshire Real Estate Agents Are Upset!

Hi To All!

I received this e-mail from our Chapter Sec. John Hastings.

WAY TO GO JOHN!!

Signed, Frank Carrio
President, New Hampshire Chapter
The National Association of Certified Home Inspectors.


LETTER FROM THE PRESIDENT
Alan Croteau
Greater Claremont Board of REALTORS®

What Changes May Be Coming Up For Home Inspectors?



During this next week, Home Inspectors providing their services in the State of New Hampshire, are scheduled to be discussing with Legislators, (House Bill) HB642. This Bill, which resides in the House, proposes New Hampshire State Licensing of Home Inspectors. Currently, both Real Estate Agents and Real Estate Appraisers are required to be licensed in all states. Licensing of Home Inspectors, at this time, is only required by a percentage of the states; however, it is inevitably going to be required by all states.

The reason that Home Inspectors are looking to give input into the proposed Bill is that if it were to pass as currently written, it would create many issues and undo consequences, which would greatly affect our entire current real estate process.

As of December 31, 2005, New York passed a law that was similar to the one that is now in front of the New Hampshire House. New York previously had as many as 5000 inspectors, and now only has 331 that currently have obtained their license. Due to the lack of licensed inspectors, the real estate process in their state has come to a standstill. Buyers are having a difficult time finding an inspector quickly and reasonably. Also, in the months immediately following our bill becoming law, most inspections will be performed by inspectors from Massachusetts and New York, since our state will not have enough inspectors to adequately provide the service.

The fee in New Hampshire for a home inspection, for an average size home with a one car garage, is currently in the range of $260.00 to $350.00+ (depending upon the inspector). However, we may see fees increase to an amount between $550.00 to $700.00, if the current bill is passed into law. This is the amount that New York BUYERS now pay for their home inspections. This change now creates the largest problem, as I see it. Most BUYERS make their offer to purchase a home contingent upon an independent inspection of the property. If BUYERS are required to pay around $600.00+ for a home inspection, they may not opt to have one performed in their behalf. In many cases, in the future, the added protection that a home inspection allows all parties involved with a real estate transaction will be foregone due to the financial cost to have one performed.

As a past home inspector for over 7 years and now as a REALTOR®, I feel that the home inspection profession would only be improved if they were required to be licensed and follow similar continuing education requirements as both Real Estate Agents and Real Estate Appraisers now follow. However, the proposed bill (HB642) should be reviewed and amended to make the transition more seamless and less of a financial burden to the public.

If you have any questions about how this issue might affect you in the future, then call one of the local REALTOR® offices (as listed below) for their professional opinion.
Next week: SELLERS - Sprucing Up Your “Product”


The Greater Claremont Board of REALTORS®
American Star Real Estate, LLC
Century-21 Highview Realty
Charlestown Road Realty
Coldwell Banker Homes Unlimited Real Estate
Donna G. Sylvia Real Estate
Lookers Realty
Normand R. Beaudry Real Estate
Pulpit Rock Realty
Town & Country Realty Associates

I sent Alan the information on New Yorks licensing dilemma and the House Bill 642. This will be appearing in the Claremont Eagle Times sometime next week.

John
Reply With Quote
  #2  
Old 2/9/06, 11:19 PM
Joe Farsetta's Avatar
Joe Farsetta Joe Farsetta is offline
Certified Professional Inspector (CPI)
 
Join Date: Oct 2002
Location: Pearl River, NY
Posts: 5,711
Default Re: New Hampshire Real Estate Agents Are Upset!

I sent Alan the information on New Yorks licensing dilemma ?

Is there an actual dilemma?

I disagree, completely.

Those who fell short of the required inspections or time in the business here in NY can quickly get going again. I have always questioned the numbers of inspectors alleged in NY (5000 ??!!). This is almost the same line that we heard in NJ (1500 down to 250). The difference between the states (NY and NJ) is that those who crafted the legislation wanted to ensure that it was not anything like the NJ bill).

And, the number$ are a bit off as to what is charged here in NY for an inspection. It varies from locale to locale.

Licensing CAN work in certain situations. There has to be a need for it, though. And therein lies the problem with most legislation. Does it truly protect the consumer? Not always...

If statistically, most lawsuits involving HIs occurr in their 1st year in business, and after their 4th year in business, what does it say? New inspectors and really expreienced inspectors are clueless?

This is where things do not necessarily track... And why the need for any HI legislation should be examined, I believe.
Reply With Quote
  #3  
Old 2/10/06, 9:39 AM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
Certified Master Inspector ®
 
Join Date: Jan 2004
Location: God's Country, USA
Posts: 5,162
Exclamation Re: New Hampshire Real Estate Agents Are Upset!

Hi Joe!

Here is an article from the New York Times.

Nick Gromicko brought it to our attention.

Regards, Frank Carrio
President, New Hampshire Chapter


AN ARTICLE FROM THE NEW YORK TIMES
New Licensing Law for Home Inspectors



By JAY ROMANO
Published: January 8, 2006
AS of Dec. 31, 2005, a new law is in effect requiring that anyone conducting a home inspection in New York must be licensed by the state. Unfortunately, while as many as 5,000 inspectors are believed to be operating in New York, only 331 are licensed.
"If this law remains in effect as it is right now, real estate as we know it in New York is going to grind to a halt," said Peter Bell, president of Balch Buyers Realty in Mamaroneck, N.Y. Mr. Bell said most buyers make their offers to purchase a home contingent on an inspection of the property.
Under the new law, however, home inspections can be conducted only by those licensed by the state or by engineers, architects or code enforcement officials operating within the scope of their government employment. With only 331 inspectors licensed statewide, Mr. Bell said, it will be difficult for clients to find an inspector quickly and reasonably.
And although there are more than 14,000 registered architects and nearly 25,000 professional engineers in the state, he said, "only a handful do home inspections." Moreover, Mr. Bell said, some architects and engineers who perform such inspections charge more than the $600-to-$700 fee typically charged by a home inspector.
The Home Inspection Professional Licensing Act was signed on Aug. 12, 2004, and took effect last weekend. It makes it a misdemeanor for a person to conduct a home inspection for compensation without the proper licensing. Violations carry a fine of up to $1,000 for a first offense and up to $5,000 for subsequent offenses.
Evan Grugett, principal of Evan Grugett Inspections in Eastchester, N.Y., said there are two basic paths to licensing: one for experienced inspectors who can be licensed under the "grandparenting" provisions of the law, and another for those new to the field or who do not have enough experience to meet the grandparenting requirements.
An inspector who can document 250 or more inspections over the last three years is automatically entitled to a license, Mr. Grugett said. Those who can document 100 or more inspections over the last two years and who pass either a state exam or one of four national home inspector exams are also entitled to a license.
Those who do not meet those requirements have two options. One is to complete a 100-hour state-approved course in home inspecting, perform 40 hours of field training under the supervision of a licensed inspector and pass one of the approved tests. The second option is to pass one of the tests and conduct 100 inspections - either paid or unpaid - under the supervision of a licensed inspector.
According to Kathy McCoy, assistant director of the Division of Licensing of Home Inspectors in the state's Division of Licensing Services, officials believe there are 3,000 to 5,000 inspectors doing business in New York. And though only 331 are licensed, officials intend to enforce the law. "As of Dec. 31, home inspectors in New York must have a license or they cannot work," said Larry Sombke, a spokesman for the department.
In a memo sent to realtors statewide, S. Anthony Gatto, director of legal services for the New York State Association of Realtors, alerted brokers of their responsibility under the law. "Real estate licensees will be expected to know that home inspectors must be licensed," Mr. Gatto noted. Brokers also have an obligation to ensure that the names of inspectors they provide to clients must be licensed, he added. Failure to do so, he said, will be viewed as a demonstration of untrustworthiness or incompetence, and can result in disciplinary action.

Those who want to determine if an inspector is licensed can go online to www.dos.state.ny.us, click on Search for Licensees and Registrants, and enter the inspector's name.
Reply With Quote
  #4  
Old 2/10/06, 10:26 AM
Erby Crofutt's Avatar
Erby Crofutt Erby Crofutt is offline
InterNACHI Applicant
 
Join Date: Sep 2002
Location: Georgetown, KY
Posts: 1,204
Default Re: New Hampshire Real Estate Agents Are Upset!

Larger font please.

By JAY ROMANO
Published: January 8, 2006
AS of Dec. 31, 2005, a new law is in effect requiring that anyone conducting a home inspection in New York must be licensed by the state. Unfortunately, while as many as 5,000 inspectors are believed to be operating in New York, only 331 are licensed.

"If this law remains in effect as it is right now, real estate as we know it in New York is going to grind to a halt," said Peter Bell, president of Balch Buyers Realty in Mamaroneck, N.Y. Mr. Bell said most buyers make their offers to purchase a home contingent on an inspection of the property.

Under the new law, however, home inspections can be conducted only by those licensed by the state or by engineers, architects or code enforcement officials operating within the scope of their government employment. With only 331 inspectors licensed statewide, Mr. Bell said, it will be difficult for clients to find an inspector quickly and reasonably.

And although there are more than 14,000 registered architects and nearly 25,000 professional engineers in the state, he said, "only a handful do home inspections."

Moreover, Mr. Bell said, some architects and engineers who perform such inspections charge more than the $600-to-$700 fee typically charged by a home inspector.
The Home Inspection Professional Licensing Act was signed on Aug. 12, 2004, and took effect last weekend. It makes it a misdemeanor for a person to conduct a home inspection for compensation without the proper licensing. Violations carry a fine of up to $1,000 for a first offense and up to $5,000 for subsequent offenses.

Evan Grugett, principal of Evan Grugett Inspections in Eastchester, N.Y., said there are two basic paths to licensing: one for experienced inspectors who can be licensed under the "grandparenting" provisions of the law, and another for those new to the field or who do not have enough experience to meet the grandparenting requirements.
An inspector who can document 250 or more inspections over the last three years is automatically entitled to a license, Mr. Grugett said. Those who can document 100 or more inspections over the last two years and who pass either a state exam or one of four national home inspector exams are also entitled to a license.

Those who do not meet those requirements have two options. One is to complete a 100-hour state-approved course in home inspecting, perform 40 hours of field training under the supervision of a licensed inspector and pass one of the approved tests. The second option is to pass one of the tests and conduct 100 inspections - either paid or unpaid - under the supervision of a licensed inspector.

According to Kathy McCoy, assistant director of the Division of Licensing of Home Inspectors in the state's Division of Licensing Services, officials believe there are 3,000 to 5,000 inspectors doing business in New York. And though only 331 are licensed, officials intend to enforce the law. "As of Dec. 31, home inspectors in New York must have a license or they cannot work," said Larry Sombke, a spokesman for the department.

In a memo sent to realtors statewide, S. Anthony Gatto, director of legal services for the New York State Association of Realtors, alerted brokers of their responsibility under the law. "Real estate licensees will be expected to know that home inspectors must be licensed," Mr. Gatto noted. Brokers also have an obligation to ensure that the names of inspectors they provide to clients must be licensed, he added. Failure to do so, he said, will be viewed as a demonstration of untrustworthiness or incompetence, and can result in disciplinary action.


Those who want to determine if an inspector is licensed can go online to www.dos.state.ny.us, click on Search for Licensees and Registrants, and enter the inspector's name.
Reply With Quote
  #5  
Old 2/10/06, 7:00 PM
Will Handley's Avatar
Will Handley Will Handley is offline
Active Poster
 
Join Date: Sep 2004
Location: Laguna Niguel, CA
Posts: 2,090
Please Note: whandley is a non-member guest and is in no way affiliated with InterNACHI or its members.
Default Re: New Hampshire Real Estate Agents Are Upset!

What's wrong with this picture? As many as 5000 inspectors operating in New York. Only 330 of them meet the "extremely low" license threshold of needing to document 250 completed inspections over the past 3 years. Could that possibly mean there are as many as 4670 part time inspectors in the total inspector pool, "Not Likely". So whats the real story. Is it possible there aren't anywhere near that number of total inspectors? Is it possible that the private inspector community doesn't know about, care about or want to be involved in the license process? Here in California for example the State believes there may be more UN-licensed contractors doing business than legal licensed contractors.

Last edited by whandley; 2/10/06 at 10:07 PM..
Reply With Quote
  #6  
Old 2/10/06, 10:43 PM
Joe Farsetta's Avatar
Joe Farsetta Joe Farsetta is offline
Certified Professional Inspector (CPI)
 
Join Date: Oct 2002
Location: Pearl River, NY
Posts: 5,711
Default Re: New Hampshire Real Estate Agents Are Upset!

I have never believed the 5000 inspector line...
Reply With Quote
  #7  
Old 2/11/06, 10:44 AM
Kelley Fulton Kelley Fulton is offline
Certified Professional Inspector (CPI)
 
Join Date: Feb 2004
Location: Sacramento, CA
Posts: 83
Default Re: New Hampshire Real Estate Agents Are Upset!

Quote:
Originally Posted by jfarsetta
I have never believed the 5000 inspector line...
On-line white pages count 1100 for NY Many who are just pest inspectors in the home inspection category.
Reply With Quote
  #8  
Old 2/11/06, 2:26 PM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
Certified Master Inspector ®
 
Join Date: Jan 2004
Location: God's Country, USA
Posts: 5,162
Exclamation Re: New Hampshire Real Estate Agents Are Upset!

The NEW YORK TIMES article By :JAY ROMANO, is the one that was originally brought to our attention by Nick Gromicko.
Links to this article are posted on the BB.


It is my understanding that a Bona Fide Reporter is supposed to be the "bean counter" and to conduct research before he or she writes an article.

I did not see the need to go to any publication and "count" the listed inspectors.

Whether or not they have 1,000 or 10,000 it does not matter.

House Bill 642 is giving New Hampshire the shaft.

All of the NACHI inspectors in New Hampshire do not want to be;
1. Forced to attend ASHI "qualification" courses
2. Forced to attend ASHI courses for future CEU's
3. Pass ASHI tests
4. Give ASHI any money to remain in business in New Hampshire.

NOTHING ELSE MATTERS!

PLEASE NOTE:
THIS "LAW" WAS WRITTEN BY A REAL ESTATE AGENT, AND 4-5 ASHI HOME INSPECTORS.



WE STILL HAVE A LONG HARD FIGHT AHEAD OF US, SO I WILL NOT RESPOND TO ANY MORE POSTS UNTIL AFTER THE 14TH.

Wish us luck, Frank Carrio
Reply With Quote
  #9  
Old 2/11/06, 2:35 PM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
Certified Master Inspector ®
 
Join Date: Jan 2004
Location: God's Country, USA
Posts: 5,162
Exclamation Re: New Hampshire Real Estate Agents Are Upset!

Here is a short version of what we are fighting in New Hampshire.

I have requested the names of the so called "Advisors" who wrote this bill.

Hello to All!

I am happy to announce that one more member of the New Hampshire Real Estate industry has had a chance to review all of our e-mails and letters.

As you can see they are just as opposed to letting a small "special interest" group dictate how and when they will be able to conduct their business transactions.

The greater shame is that this poorly written, clearly biased, lopsided bill was written by a New Hampshire Based "Licensed Real Estate Agent" who is a "duly elected State Representative."

I may be wrong but, I was under the impression that a duly elected STATE representative was supposed to SERVE his constituents, not to bring Real Estate Transactions to a screeching halt!

The elimination of all but a very small select group of inspectors that belong to A SPECIFIC Home Inspectors association "In my Opinion" seems to be biased in favor of one "Out of State" association.

I am enclosing a letter that I sent to the author of this bill. So far I have not received any response.

Respectfully, Frank Carrio
Certified Inspector & Consultant
President, New Hampshire Chapter
The National Association of Certified Home Inspectors {NACHI}

From State Rep. Jack Dowd To: Frank Carrio
First the law has not passed yet and the bill you have looked at is a very early edition that has been completely rewritten. If the bill that is to be voted on today is passed it still will not become law. It will then be passed along to the ED & A committee, where there will be more hearings that you can testify at. But hopefully you would get the latest version first.

This bill has essentially been written by home inspectors. HB 642 has been rewritten no less than four times and all along the way the home inspectors have helped Rep. Gale.

Jack Dowd


MY RESPONSE
To: State Representatives Jack Dowd and Harry Gale,

Gentlemen,

The National Association of Certified Home Inspectors {NACHI} in the largest association of Certified Home Inspectors in the United States.

We have approximately 7,800 registered and Certified Home Inspectors. At this time, we have 62-registered and Certified Home Inspectors in the State of New Hampshire.
{Our inspectors live in New Hampshire and are your constituents.}
We have the largest membership of Certified Home Inspectors in the State Of New Hampshire.

We are the ONLY association for Certified Home Inspectors that require an applicant to pass a technical entrance examination.

In order to find out which of our members assisted in the writing of House Bill 642.
I made and sent copies of your response to our members.

On February 01, 2006 we had a chapter meeting that was attended by several engineers, one Code Compliance Inspector, and many certified Home Inspectors.
Not one of the people present contributed to the writing of HB642 or was aware of any inspector who had written or assisted in writing this bill.


I respectfully ask, who helped you write this bill?
What are their names?
What is their “expertise”?

I should mention that we had two long-term {Multiple Terms}, well established, State Representatives attend our meeting.

Both are licensed Real Estate Agents / Brokers in the State of New Hampshire.

At this meeting the main topic on our agenda was HB642. I made copies of this Bill and we discussed it sentence, by sentence. I inserted my concerns as to what I consider flagrant oversights, omissions, and conflicts of interest. At the end of this meeting the votes against HB642 were unanimous.

Yes, this also includes the two State Representatives.

Respectfully, Frank Carrio
Certified Inspector & Consultant
President, New Hampshire Chapter
The National Association of Certified Home Inspectors {NACHI}

PS:
PLEASE RESPOND:
I respectfully ask, who helped you write this bill?
What are their names?
What is their “expertise”?






So far, no reply.


Rep. Gale, Sull. 3
Sen. Odell, Dist. 8
Rep. Dowd, Rock. 5
Rep. Gillick, Rock. 15
Rep. Osborne, Merr. 12
Rep. Theberge, Coos 4
November 7, 2005
2006-0141h
10/01




Amendment to HB 642-FN-LOCAL





Amend the bill by replacing all after the enacting clause with the following:

­1 New Chapter; Home Inspectors. Amend RSA by inserting after chapter 329-A the following new chapter:

CHAPTER 329-B
Home Inspectors


329-B:1 Purpose. The purpose of this chapter is to protect the people of the state of New Hampshire by requiring the licensing of home inspectors to assure that consumers of home inspection services can rely on the competence of a home inspector.
329-B:2 Definitions. In this chapter:
I. “Apprentice’’ means any person who is engaged in learning and assisting in home inspection under an apprenticeship program acceptable to the board.
II. Board’’ means the board of home inspectors, established by RSA 329-B:3.
III. “Home inspection” means a visual analysis for the purposes of providing a professional opinion of the condition of a residential building and its related structures, any reasonably” accessible installed components and the operation of the building systems, including the controls normally operated by the owner, for the following components of a residential building of 4 units or less: heating system, electrical system, cooling system, plumbing system, structural components, foundation, roof covering, exterior and interior components and site aspects as they affect the building. Home inspection shall not require identifying concealed conditions or latent defects.
Reasonably Accessible: This leaves the door wide open for interpretation. What is “reasonable” for me might be unreasonable for you. This “Reasonably Accessible” could be interpreted to include moving furniture, clothes, luggage, personal items, and or appliances. This should be changed to “Readily Accessible” as outlined & dictated in both ASHI & NACHI Standards of Practice.
IV. “Home inspector” means any person who is licensed by the board as a home inspector and who engages in the business of performing home inspections and writing home inspection reports.
This should be changed to CERTIFIED Home Inspector.
V. “Home inspection” report means a written report prepared by a home inspector for compensation and issued after a home inspection. The inspector shall report:
(a) On those systems and components inspected which, in the professional opinion of the inspector, are significantly deficient or are near the end of their service lives.
(b) A reason why, if not self-evident, the system or component is significantly deficient or near the end of its service life. {Points A & B are asking for an “assumption” that an inspector can be held liable for. We can only report on the condition of the system “On the Day of the Inspection” ALL SYSTEMS WILL EVENTUALLY BREAK DOWN AND OR MALFUNCTION. SOME SOONER, SOME LATER. THERE IS NO WAY TO “PREDICT” THIS}
(c) The inspector’s recommendations to correct or monitor the reported deficiency. The homeowner will need to monitor the system in question. Only a “Licensed or Certified” HVAC, Plumber, Electrician, etc. can and should “correct or repair” any system and their components.
(d) Any systems and components designated for inspection, which were present at the time of the inspection but were not inspected, and a reason they were not inspected.
{Turned off for the “Season”, Hidden, or Not Readily Accessible?}
VI. “Residential building” means a structure consisting of from one to 4 family dwelling units, and including a single-family home, a multifamily dwelling, manufactured housing as defined in RSA 384:16-d, II, and any single family condominium unit, wholly or partly used or occupied, or intended to be used or occupied, as the home or residence of one or more persons.
329-B: 3 Board.
I. There shall be a board of home inspectors, consisting of 5 members, including 2 home inspectors {Could be both ASHI, or both NACHI?}, one >> $$ real estate broker $$ < < licensed under RSA 331-A {This is a clear $$ CONFLICT OF INTEREST $$} , one attorney licensed to practice in this state, and one public member, each to be appointed by the governor, with the approval of the council, to a term of 4 years. No member of the board shall be appointed to more than 2 terms.
II. The public member of the board of home inspectors shall be a person who is not, and never has been, a home inspector or the spouse of a home inspector, { or who is a member of any Home Inspection Association or has any friends or relatives that are or have been Home Inspectors} and who does not have, and never has had, a material financial interest in either the provision of home inspection services or an activity directly related to the home inspection profession at any time during the 5 years preceding appointment. {This would also $$ exclude $$ any Real Estate Agent / Broker or any of their employees}
III. The board shall be an administratively attached agency, under RSA 21-G: 10, to the department of state.
329-B: 4 Compensation and Expenses. Members of the board shall each be allowed the sum of $30 per day and their necessary traveling expenses incurred in carrying out their official duties.
329-B: 5 Organization and Meetings. The board shall hold at least 4 regular meetings each year, and special meetings may be held at such times as the business of the board may require. Notice of all meetings shall be given in such manner as the rules of the board may provide. The board shall annually elect a chairperson and a vice-chairperson from among its members. A quorum of the board shall consist of not less than 3 members, at least one of whom shall be a public member.
329-B: 6 Fees. The board shall establish fees for examination of applicants, for licensure and for renewal of licensure to practice under this chapter, and for transcribing and transferring records and other services. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year.
{NOTE: There has been no “Previous Year”}
329-B: 7 Receipts and Disbursements. The board shall receive and account at least monthly for all moneys derived under the provisions of this chapter, and shall pay the same to the state treasurer. The board may employ such clerical or other assistants as are necessary for the proper performance of its work, and may make expenditures from this fund for any purpose which, in the opinion of the board, is reasonably necessary for the proper performance of its duties under this chapter. Under no circumstances shall the total amount of payments made hereunder exceed the amount of the fees collected hereunder. Any balance in the account shall lapse at the end of each fiscal year.
329-B: 8 Examinations. The board shall have authority to examine and license home inspectors. When issued, such license shall be valid throughout the state, and the licensee shall be entitled to perform the work of a home inspector anywhere within the state without any payment or additional fee. Each applicant for a license shall present to the board on a blank furnished by the board a written application for license, containing such information as the board may require {What information, and within what timeframe?}, accompanied by the required fee. Such examinations shall be held at such times and places as the board shall determine. The scope of such examinations and the methods of procedure shall be prescribed by the board. {NACHI proctored exam, NHIE proctored Exam?}
329-B: 9 Rulemaking. The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. The design and content of all forms and applications required under this chapter.
II. The application procedure for a license to practice under this chapter.
III. The qualifications of applicants in addition to those requirements set under this chapter.
IV. How an applicant shall be examined, including the time, place, type and form of the examination.
V. The disposition of examinations, including provision of test results to examinees.
VI. How a license to practice under this chapter shall be renewed, including the requirements for continuing education? { How Many and MORE IMPORTANTLY Whose CEUs, }
VII. The establishment of all fees required under this chapter.
VIII. Ethical and professional standards required to be met by each holder of a license to practice under this chapter and how disciplinary actions by the board shall be implemented for violations of these standards.
IX. The training and experience requirements of home inspectors, and of apprentices.
X. Procedures for the conduct of hearings consistent with the requirements of due process.
329-B: 10 License Criteria.
I. No person shall provide, nor present, call or represent himself or herself as able to provide a home inspection for compensation unless licensed in accordance with the provisions of this chapter. No business entity may provide home inspection services unless each of the home inspectors employed by the business entity is licensed in accordance with the provisions of this chapter. No business entity may use, in connection with the name or signature of the business entity, the title “Certified home inspectors” to describe the business entity’s services, unless each of the home inspectors employed by the business entity is licensed in accordance with the provisions of this chapter.
II. To be eligible for a license as a home inspector, an applicant shall fulfill the following requirements:
(a) Be of good moral character.
(b) Have successfully competed high school or its equivalent.
(c) Have completed a course of study of no less than 80 hours that covers all of the
following components of a residential building of 4 units or less: heating system, {All ASHI, ALL NACHI?}
cooling system, plumbing system, electrical system, structural components, foundation, roof
covering, exterior and interior components and site aspects as they affect the building.
There is no mention of a Grandfathering Clause! This leaves the door wide open for a money making scam. Many of us already have decades if not years of specialized education and stud!
(d) Have acquired the required training and experience requirements as established by the board. {Open for discussion}
329-B:11 Expiration and Renewal. Notwithstanding any outstanding license to the contrary, all licenses issued by the board shall expire on the last day of the month of the licensee’s birth, but may be renewed during the following month, retroactive to the first day of the month. The fee for renewal of all licenses issued under this chapter shall be established by the board. Upon failure to pay the renewal fee within the required period, a licensee may renew his or her license by submitting the required fee plus $10 before the last day of the second month following the month of his or her birth. Any application received thereafter shall be rejected, unless accompanied by proof of successful completion of the examination required under RSA 329-B:8. A licensed home inspector shall complete at least 20 hours of board-approved continuing education during each calendar year in order to maintain his or her license.
329-B:12 Exclusions. A licensed home inspector shall not be required to perform any action or make any determination unless specifically required by lawful authority. Inspectors are not required to determine:
I. The condition of systems or components which are not readily accessible.
II. The remaining life of any system or component.
III. The strength, adequacy, effectiveness or efficiency of any system or component.
IV. The causes of any condition or deficiency.
V. The methods, materials, or costs of corrections.
VI. Future conditions including, but not limited to, failure of systems and components.
VII. The suitability of the property for any specialized use.
VIII. Compliance with regulatory requirements (codes, regulations, laws, ordinances, etc.).
IX. The market value of the property or its marketability.
X. The advisability of the purchase of the property.
XI. The presence of potentially hazardous plants or animals including, but not limited to, wood destroying organisms or diseases harmful to humans. {Open for discussion}
XII. The presence of any environmental hazards including, but not limited to, toxins,
carcinogens, noise, and contaminants in soil, water and air. {Open for discussion}
XIII. The effectiveness of any system installed or methods utilized to control or remove
suspected hazardous substances.
XIV. The operating costs of systems or components.
XV. The acoustical properties of any system or component.
329-B:13 Reciprocity. Upon payment to the board of a fee and the submission of a written application form provided by the board, the board shall issue a home inspector license to any person who holds a valid license, certificate, or registration issued by another state or possession of the United States or the District of Columbia that has standards substantially equivalent to, or exceeding, those of this state, as determined by the board.
Reciprocity should be an option not a “right”. Just because this is written into the NH bill does not mean that other states {Massachusetts, New York or Connecticut for example} are going to change their laws to suit us. This means that a New Hampshire Based Home Inspector will not be allowed to conduct inspections in Ma. NY. or CT without being susceptible to fines from $1,000.00 to $5,000.00 and or to being arrested, while allowing all other “Certified” Home inspectors to practice in New Hampshire! That is NOT Reciprocity! This should be amended to include ONLY those states that have ALREADY entered into a RECIPROCITY AGREEMENT with the State of New Hampshire.
329-B: 14 Persons Not Required to be Licensed. Nothing in this chapter prevents:
I. A person who is employed by a governmental entity from inspecting residential buildings if the inspection is within official duties and responsibilities.
II. A person from performing a home inspection if the inspection will be used solely by a bank, savings and loan association or credit union to monitor progress on the construction of a residential structure. This EXCEPTION is biased! Any person without any type of training will be allowed to conduct inspections. This negates the reasoning behind “consumer protection” and makes a mockery of this bill!
III. A person who is employed as a property manager for a residential structure and whose official duties and responsibilities include inspecting the residential structure from performing an inspection on the structure if the person does not receive separate compensation for the inspection work.
A Property manager / “handyman” is not allowed to conduct an electrical, Plumbing or HVAC / Mechanical Inspection. What qualifies him or her to do a Structural Inspection? This bill is not well thought out, poorly written and CLEARLY biased against Home Inspectors!
IV. A person who is regulated in another profession from acting within the scope of that person’s license, registration or certification.
329-B: 15 Disciplinary Action.
I. The board may undertake disciplinary proceedings:
(a) Upon its own initiative; or {This could be based on personal likes or dislikes}.
(b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II and which specifies the grounds therefor.
This leaves the door open for “The General Public” or anyone that has a financial interest in the outcome of the sale to file a complaint. Disgruntled sellers, landlords, moving companies and anyone who “lost a commission” could file a complaint. This has to be restricted to the Person who initiated, and paid for the inspection. If their name in NOT on the contact they should not be able to file a complaint. This could cost you to lose your license.
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter;
(b) Conviction of a felony or any offense involving moral turpitude;
(c) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession;
(d) Unfitness or incompetency by reason of negligent habits or other causes; or negligent or willful acts performed in a manner inconsistent with the health or safety of persons under the care of the licensee;
(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders him or her unfit to practice under this chapter;
(f) Mental or physical incompetency to practice under this chapter;
(g) Willful or repeated violation of the provisions of this chapter; or
(h) Suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated.
III. The board may take disciplinary action in any one or more of the following ways:
(a) By reprimand;
(b) By suspension, limitation or restriction of license or certification for a period of up to 5 years;
(c) By revocation of license or certification;
(d) By requiring the person to participate in a program of continuing education in the area or areas in which he or she has been found deficient; {Whose continuing ed program?}
(e) By requiring the home inspector to obtain insurance against loss, expense and liability resulting from errors and omissions or neglect in the performance of services as a home inspector; or
Once again, disgruntled sellers, landlords, moving companies and anyone who “lost a commission” could file a complaint, and cost you thousands of dollars PER YEAR!
(f) By requiring the home inspector to file with the board a bond that is furnished by a company authorized to do business in this state and is in the amount approved by the board.
329-B:16 Prohibited Acts. A licensed home inspector shall be prohibited from the following:
I. Performing or offering to perform, for an additional fee, any repairs to a structure on which the inspector, or the inspector’s company, has prepared a home inspection report in the past 12 months, except that a home protection company that is affiliated with or that retains a home inspector does not violate this section if it performs repairs pursuant to a claim made under a home protection contract.
II. Inspecting for a fee any property in which the inspector, or the inspector’s company, has any financial interest or any interest in the transfer of the property.
III. Offering or delivering any compensation, inducement or reward to the owner of the inspected property, the broker or agent, for the referral of any business to the inspector or the inspection company.
IV. Accepting an engagement to make an inspection or to prepare a report in which the inspection itself, or the fee payable for the inspection, is contingent upon either the conclusions in the report, preestablished findings, or the close of escrow.
329-B:17 Liability of Home Inspectors.
I. An action to recover damages for any act or omission of a home inspector relating to a home inspection that he or she conducts may only be commenced within 1 year after the date that a home inspection is completed.
II. Only a client and no other party shall have an action to recover damages arising from a home inspection or a home inspection report. By definition only a CLIENT who has a signed contract with the Home Inspector should be able TO FILE A COMPLAINT WITH THIS BOARD!
329-B:18 Appeals. Any person affected by a final decision of the board may appeal such final decision pursuant to RSA 541.
­2 Effective Date. This act shall take effect January 1, 2007.

THIS BILL IS SO POORLY WRITTEN, FLAWED AND BIASED THAT IT NEEDS TO BE TAKEN OFF OF THE TABLE IN ORDER TO BE REVISED AND REWRITTEN BY A LEGITIMATE COMMITTEE OF HOME INSPECTORS THAT TRULY “REPRESENT” THE HOME INSPECTION INDUSTRY.

Sincerely, Frank Carrio





2006-0141h

AMENDED ANALYSIS






This bill establishes the licensure of persons providing home inspection services and the regulation of such persons by a board of home inspectors.
Reply With Quote
Reply

Tags
estate, hampshire, real, realty, required

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
New Hampshire Real Estate Agents are UPSET!! fcarrio Miscellaneous Discussion for Inspectors 1 2/10/06 8:51 PM
New Hampshire Real Estate Agents Are Upset! fcarrio Legislation, Licensing, Ethics & Legal Issues for Inspectors 1 2/9/06 11:17 PM

All times are GMT -4. The time now is 3:05 AM.
no new posts