ASHI Press Release

General Inspection Topics Legislation, Licensing, Ethics & Legal Issues
1

I wonder would this be something that NACHI could be doing or is it not of any advantage . Press release

http://www.prweb.com/releases/ASHI/HomeInspection/prweb430681.htm

Caveat Emptor “Buyer Beware” – Not All Home Inspection Laws Are Created Equal

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Pennsylvania and California Plummet to the Bottom of ASHI’s 2006 Rankings of State Regulations Governing the Home Inspection Industry.
Des Plaines, Illinois (PRWEB) August 31, 2006 – Government regulation of home inspectors, and the profession of home inspection, has been an area of increasing concern and activity in recent years among state legislators. In the last nine years, 27 states have enacted laws regulating the industry, but according to the American Society of Home Inspectors’ (ASHI) 2006 Position Statement on the Regulation of Home Inspectors, consumers and legislators should be advised – all laws are not created equal.

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What we found is that while some state laws look great on paper they fail constituents because they cannot be enforced.

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“This year, we added a rating to our study that evaluated how enforceable the current home inspection laws were in the 31 states with active legislation,” said 2006 ASHI President Joe Corsetto. “What we found is that while some state laws look great on paper they fail constituents because they cannot be enforced.”

Pennsylvania, which ranked fifth on ASHI’s 2005 list, dropped dramatically to 26 on this year’s list because ASHI found that the state’s “inspector experience” requirement was not enforceable. California also dropped from 28 to 31 (last in the rankings) because several of its provisions, including its “prohibited acts” provision, which outlines an inspector’s code of ethics, cannot be enforced.

“This is dangerous,” added Corsetto. “The laws in these states give consumers a false sense of comfort. The truth is, a law that can’t be enforced is worse than having no provision at all.”

Other states that fell in this year’s ranking include last year’s leader, New Jersey, which dropped from first to second because the state lowered its home inspector experience requirement, while several states made positive strides in 2006:

West Virginia became the thirty-first state to regulate home inspectors (ASHI’s report ranks it among the top ten of regulated states).

Tennessee jumped from 23 to 12 by adopting strong standards of practice and a valid exam.

Kentucky improved its rank from 24 to 18 by adding experience, education and exam requirements to its state law.

Maryland moved from 25 to 23 by adding inspector standards of practice.
Below are ASHI’s 2006 rankings of state regulations governing the home inspection industry:

  1. Louisiana
  2. New Jersey/Texas
  3. Arizona
  4. Massachusetts
  5. Connecticut/North Carolina
  6. Arkansas
  7. Indiana
  8. Rhode Island/West Virginia
  9. South Dakota/Tennessee
  10. Mississippi
  11. Virginia
  12. Wisconsin
  13. Oklahoma
  14. Kentucky
  15. Alaska/Illinois (tie)
  16. Alabama/Oregon (tie)
  17. Maryland
  18. New York
  19. Nevada
  20. Pennsylvania
  21. South Carolina
  22. Montana
  23. North Dakota
  24. Georgia
  25. California

Note: Rankings are based upon the overall grading of states with existing laws regulating home inspectors where “1” indicates the best ranking “31” indicates the poorest ranking.

ASHI’s state ratings are based on a multi-criteria system. Because laws vary significantly from state to state, a detailed set of criteria is used to review each state’s regulation to determine the positive elements of legislation as well as areas that may need improvement. States receive points according to the most weight or importance ASHI places on different regulation standards and are evaluated against 13 criteria, including experience, education, testing requirements, standards of practice and codes of ethics.

In addition to providing rankings for each state, the ASHI Position Statement includes a model licensing bill that states can use as a guideline to develop strong home inspector legislation. The model also provides information about appointing a governing body to administer the laws, and it proposes that members of the governing body be free of conflicts of interest in the regulation of home inspectors.

“Legislators in each state must determine whether or not regulation is necessary to protect their constituents,” said Corsetto. “Should they decide to take that route, ASHI is dedicated to providing guidelines for laws that are meaningful and foster excellence within the home inspection profession.”

ASHI encourages legislators who are interested in adopting home inspection laws to look to Louisiana, New Jersey, Texas, Arizona, or Massachusetts as models for legislation. States without Home Inspection Regulation are: Colorado, Delaware, Florida, Hawaii, Idaho, Iowa, Kansas, Maine, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Mexico, Ohio, Utah, Vermont, Washington and Wyoming. Legislation is pending in Michigan.

Complete details of the findings, state scores and grading criteria can be found in ASHI’s official Position Statement on Regulation of Home Inspectors at www.ASHI.org.

About the American Society of Home Inspectors
Celebrating 30 years, and more than 6,000 members strong, ASHI is the oldest and most widely recognized non-profit, professional organization of home inspectors in North America. Its Standards of Practice and Code of Ethics have become the industry standard. ASHI’s mission is to meet the needs of its membership and promote excellence and exemplary practice within the profession. For more information, visit www.ASHI.org or call 800-743-2744.

ASHI Members are independent professional home inspectors who have met rigorous technical and experience requirements. ASHI Members are required to successfully complete two written examinations that test their knowledge of building systems and components and of the ASHI Standards of Practice and Code of Ethics. To become a Member, inspectors’ reports are verified as meeting the ASHI Standards of Practice, and they must have performed a minimum of 250 fee-paid inspections. Candidates with logo use privileges must have completed all the requirements of a Member, and must have performed a minimum of 50 verified fee-paid inspections, becoming a full Member only after completing an additional 200 fee-paid inspections. ASHI Members must also obtain ongoing education to stay current on the latest information pertaining to buildings and their systems.

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2

Uh…why would we want to promote unenforceable legislation?

Not even Washington’s Pest Laws are enforceable on Home Inspectors since Home Inspectors are UNREGULATED. The Dept. of Ag. attempt to do so is illegal in every way and has backed down when challenged in court.

3

Being from PA, I feel that ASHI and PHIC, will again, manipulate PA law to suite their needs. This is a very good time for them to use this platform. We have several important elections this Nov. and if we get a new group of politicians here, they would like to show some change and pass a few laws quickly to appease their constituents. As we know sometimes that change is not always the best suited, typically an amendment to current laws which can make things more difficult fro some groups of people. With all the news about contractor scams, their lack of insurance, and lack of enforcement, it will only be a matter of time since we are related to that profession. If this occurs, I hope that NACHI keep on top of the others lobbyists and their intentions. I hope NACHI will have great input to the proposed revisions. It makes sense that ASHI and PHIC will again want to muscle in and take lead. Someone said in an earlier post that Politicians are driven by their own ego. I have witnessed this personally with a relative being a former state level politician, I still love him though. Anyway, just my thoughts.

4

Its a bunch of crap. ASHI’s “one size fits all” mentality is proving once again that it is an organization that isnt really interested in protecting the consumer; only controlling the profession. NJ is a prime example of legislation out of control. It’s still bad, but beter than it was.

The less control and power given in the law, the lower in the ranking that ASHI makes it.

It’s pitiful.

Why not start with some JUSTIFICATION for any of this legislation.

In NJ, legend has it that HI laws were born from the secretary of a powerful state senator. She was, apparently, the victim of a bad home inspection. After all was said and done, and ASHI model legislation on steroids was implemented in the Garden State, the same two inspectors who precipitated this legislation were still in business; only now, they were also provided additional income streams because they could provide mentoring for those who needed to jump through hoops to get their licenses. Our own Phil Hinman lived through this nightmare, and has the scars to prove it. Just ask him.

Like I said, it’s pitiful.

It’s up to the individual home inspector to be the watchdog in his/her home state. ASHI has lost its stranglehold on legislation. Let’s all continue on the path of common sense. We have built momentum.

And, yes, I do believe its high time NACHI ranks HI legislation for what it is really about: Money, power, manpulation, and control.

Pure, simple, and plain as the nose on anyone’s face.

5

Funny, their list has Wisconsin ranked higher (with no license law, only registration) than Illinois (which is ASHI’s home state and has licensing which ASHI helped the state write).

Right there, the “report” is suspect.

6

The written rules typically only apply to those who have a complaint on file with the state. Legacy and large firms can buy their way out of a complaint therefore they are never discovered.

NC has many times found inspectors who have been reporting incorrectly for decades. These inspectors usually just shut down the business when the state suspends their license.

I wish they would have a sting operation to weed out more of the inspectors who do not inspect and report within the guidelines of the SOP.

7

Keep the state out of your business and oppose the socialization of the home inspection profession at every opportunity. Whether it is ASHI or some other political entity wanting to dictate to you…YOU are the one who should control your business. Not the state…

IMO, ranking home inspection legislation is like trying to keep score at a gang rape…

8

I agree. The problem is always one of a) someone actually reporting the bad guy to the state and b) the state following up.

We have a couple of guys who do home inspections, without the required state license, around here (mostly in the city). They get away with it because:

  • No one reports them. Never underestimate the ‘Chicago Clout’ factor. I, myself, when I was going to report someone, was ‘counsuled’ not to do it.
  • They rely on their own credentials (City code inspector, fireman, architect, engineer) as enough to ‘wow’ the client.
  • When reported, the state agency has to investigate. In Illinois, the Governor has raided the agency funds (election year) and the agency has no money to actually investigate.
    *]People hire these fools. Maybe they charge less.
    A law is only as good as the government’s ability to enforce it.
9

Hi to all,

Surely the only viable way of assessing the effectiveness of state law or laws in various locations is to analyise the number of complaints prior to licensing against those in the years after licensing.

Either Legislation works and can be proven to protect the consumer or it can’t end of story.

ASHI’s ranking of states based on their own criteria is meaningless out in the real world.

Regards

Gerry

10

Is this really a call for legislative reform or simply a tactic to scare customers into contracting only ASHI members?

11

To ASHI, there is no difference between these two options.

12

Like I said…

Money, power, manpulation, and control.

13

Is there any other entity pushing for socialization of our profession that is not motivated by at least three of the four?

14

Will, I encourage you to read the ASHI postion paper. Illinois would have been ranked higher(by ASHI’s made-up “standard”) if the Illinois SOP was more in line with ASHI requirements. Illinois only rated 5 out of 15 possible for this metric. Wisconsin scored 15 of 15.

15

What is Frank’s motive for providing any legislation for licensing. Why not just oppose all ??

16

Ask Frank.

17

Sorry no one has proved that self regulation works. It hasn’t and doesn’t from all appearances. It looks like the industry is controlled by larger interests, such as multi national franchisors, inspection reporting systems, inspection mills, turf wars, internal politicis, special interests.

What can self regulating associations assure me and the next guy and the sole proprieter? Who stands up for our rights, our interests, our rights to fair and level playing field. No one to blame for licencing but the myopic self centered associations.

18

I find it a tad unfair to rank California anyway. When did they get a HI law on the books? The whole premise has the smell of goat all over it. Bogus information massaged to mean what they wanted it to. Discount it as propaganda.

19

In my opinion, ASHI has dropped PA to the bottom of their list in an attempt to rally support for “enforcement”…otherwise referred to in PA as “PHIC”. Something must be happening there to make them feel the need to do this. In this light, I find their news release not only amusing, but encouraging.

20

Ray…In our country, these are the very people who are in control of the political realm of our local governments. For us to relenquish control over our profession and give it to our States in order to avoid special interests is as foolish as it gets, IMO.