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Legislation, Licensing, Ethics & Legal Issues for Inspectors Use this forum to discuss current and proposed legislation on home inspector licensing, and other legal issues affecting home inspectors. Inspectors from all associations welcome.

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Old 2/9/06, 7:24 PM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
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Angry No Ashi / Nachi Conflict!!


Speaking from a Personal Point of View!
Since Last March I have been campaigning against HB642. In the past 2-months I have virtually shut my business down in order to fight this bill. I have been cautioned on several occasions not to turn this into an “ASHI / NACHI thing”. Even though deep down in my gut I knew that I was right, and against my better judgment, I have listened to the voice of “reason.”
I have been on the ASHI Legislative action website and have found that ASHI has a top notch highly professional website devoted to “Legislative Action."
In other words Besides New Hampshire, they want to “ASHIFY” the entire United States.

Here is just one more example. {Many thanks go to Henry for bring this to my attention.}

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

Session of 2006

HOUSE BILL No. 2807
By Committee on Commerce and Labor

AN ACT concerning real property; relating to home inspections; requiring home inspector registration and certification; requiring insurance.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) As used in this section:
(1) ‘‘Home inspection’’ means a noninvasive visual examination of the mechanical, electrical and plumbing systems, and the structural and essential components of a residential dwelling or any portion thereof designed to identify material defects in those systems and components and performed for a fee in connection with or preparation for a proposed or
possible residential real estate transfer. The term also includes any consultation regarding the property that is represented to be a home inspection or that is described by any similar term.
(2) ‘‘Home inspection report’’ means a written report on the results of a home inspection.
(3) ‘‘Home inspector’’ means an individual who performs a home inspection.
(b) On and after January 1, 2007, all home inspectors in this state shall be registered with the board of technical professions pursuant to rules and regulations adopted by the board. The board shall fix by rules and regulations an annual fee for such registration so as to cover all or part of the costs of registration.
(c) (1) On and after January 1, 2008, all registered home inspectors performing services in counties with 50,000 or more residents shall be certified by the American society of home inspectors (ASHI) or other recognized organization of home inspectors.
(2) On and after January 1, 2009, all registered home inspectors performing services in counties between 20,000 and 50,000 residents shall be certified by the American society of home inspectors (ASHI) or other recognized organization of home inspectors.
(3) On and after January 1, 2010, all registered home inspectors performing services in counties with 20,000 or fewer residents shall be certified by the American society of home inspectors (ASHI) or other recognized organization of home inspectors.
(d) On and after January 1, 2007, home inspectors shall carry a minimum of $500,000 errors and omissions insurance coverage.

Sec. 2. This act shall take effect and be in force from and after its publication in the statute book.

HB 2807
Session of 2006
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Old 2/9/06, 8:06 PM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
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Thumbs down Re: No Ashi / Nachi Conflict!!

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.
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  #3  
Old 2/9/06, 8:27 PM
Paul W. Abernathy's Avatar
Paul W. Abernathy Paul W. Abernathy is offline
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Default Re: No Ashi / Nachi Conflict!!

the E & O requirement stinks....



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Old 2/10/06, 5:00 PM
Edgar O. Woodson, RETIRED Edgar O. Woodson, RETIRED is offline
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Default Re: No Ashi / Nachi Conflict!!

Spreaking from experience here in New Jersey - to influence these bills requires a huge committment of time and energy, and a committement of many people to put pressure on the lawmakers and to educate them about the meaning and impact of the legislation. It's not easy, and it never goes away - you have to stay in their faces all the time.

Good luck!



Edgar Woodson
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www.anchorinspection.com
Visit New Jersey NACHI
www.njnachi.com
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Old 2/11/06, 2:30 PM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
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Default Re: No Ashi / Nachi Conflict!!

Thank You!
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Old 2/11/06, 2:32 PM
Frank M. Carrio, CMI's Avatar
Frank M. Carrio, CMI Frank M. Carrio, CMI is offline
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Default Re: No Ashi / Nachi Conflict!!

Edgar!

Thank You!
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Old 5/29/13, 9:38 AM
Mark Jacobs Mark Jacobs is offline
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Default Re: No Ashi / Nachi Conflict!!

ohio senate bill ? where are they in the process now ? is ti open on the floor now ?
how soon will it go to vote ? Nick do you know ?
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Old 5/29/13, 10:24 AM
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Joseph Burkeson, CMI Joseph Burkeson, CMI is online now
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Default Re: No Ashi / Nachi Conflict!!

Frank, keep up the good work.



Let us never forget... Hillary Clinton won the Popular Vote.


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Old 5/30/13, 12:30 AM
Clint VanNest, CMI HI5007 Clint VanNest, CMI   HI5007 is offline
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Default Re: No Ashi / Nachi Conflict!!

7 year old post




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Old 5/30/13, 1:07 AM
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Nick Gromicko, CMI Nick Gromicko, CMI is online now
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Default Re: No Ashi / Nachi Conflict!!

Quote:
7 year old post
Correct. InterNACHI already won the New Hampshire licensing battle: https://www.nachi.org/nh-approved-hom...ing-course.htm
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Old 5/30/13, 7:11 AM
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Joseph Burkeson, CMI Joseph Burkeson, CMI is online now
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Default Re: No Ashi / Nachi Conflict!!

Quote:
Originally Posted by cvannest View Post
7 year old post
See.



Let us never forget... Hillary Clinton won the Popular Vote.


Certified Master Inspector - 2010
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Square-One Inspection "Assurance begins here"
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