NACHI has hired a lobbyist to go to New Hampshire today (Wed).

NACHI has hired a lobbyist to go to New Hampshire today to start work on putting through legislation that would outlaw even the mere mention of any known inspection diploma mill’s (associations that have no entrance requirements) SOP, COE or otherwise… and outlaw the mention of any scumbag organizations (associations that permit inspectors to work to correct defects they uncover during an inspection) in any future legislation, licensing board rules, or tax payer-funded websites on the grounds that it would be anti-consumer to tout such organizations in any fashion.

This will be ground-breaking legislation if we can get it passed, and would be a great law to point to during discussions with other state agencies and REALTORs.

Hey Nick,
that sounds good.
where is the lobbyist from and who is he/she working with and where?

Carla

It is our Lobbyist Bob Rowland from KY. He has an associate lobbyist in NH he works with. In NH a lobbyist need not be registered (I think) and so Bob (who is really good) was able to go to NH yesterday (still there) and work on our behalf.

After 28.5 years I’m still slightly confused about the part about an inspector not being able to use the inspection report to generate work in another field or to work on things they inspect. Thats what I cut my teeth on BUT

Then you come to realize there are literally hundreds of inspectors doing just exactly that or something so close to it, I can’t tell the difference.

Typical Examples: (1) A licensed PE does a visual home inspection and discovers structural damage - the buyer, lender, seller, and agents want to know how serious it is and whats it gonna take to fix it. SO the PE comes back and does an ENGINEERING REPORT - happens all the time; (2) A home inspector who happens to be a state licensed asbestos inspector notices some deteriorating white stuff on the old boiler pipes and tells his customer that it has the potential to be ACM. Three days later the buyer, lender, agent, etc. call and because they know he is an asbestos inspector they pay him to go out and do asbestos samplings; (3) Same scenario as #2 only with a home inspectors that are licensed as lead inspectors, termite inspectors, electricians, plumbers, HVAC contractors, radon inspectors, or EDI Certified Moisture Analysts/Stucco Inspectors, etc, etc. The list is endless.

Food for thought. How are those scenarios different that doing repairs. The potential is just as high for unethical behavious. Can you imagine the inconvenience of going to a doctor, dentist or car mechanic for a general physical and then after your check-up the doctor, dentist or car mechanic says: **"Well you have a problem and I’m competent enought, trained and qualified to fix it, BUT my association thinks thats not right SO *you need to get someone else to help you with your problem. ***


We’re in a very unique profession. I think most of us would look at the above scenario as a **MAJOR **bite in the BUTT. Think about it. Or think about the small or rural area where the home inspector may happen to be the only qualified … in 50 miles. Most of us would not use a car mechanic that couldn’t fix what he does service checks on . Not enough time in my day.

This out of our own Code of Ethics says it all.

The NACHI member shall not perform or offer to perform, for an additional fee, any repairs or associated services to structure on which the member or member’s company has prepared a home inspection report, for a period of 12 months. This provision shall not include services to components and/or systems which are not included in the NACHI standards of practice.

No futher explanation is necessary.

As Barry said No! .
Just one unethical inspector that does not follow the rules and gets work he should not have done reflects on us all .
This type of information is just what the news media loves to get a hold of and run with it . NO!NO! NO! .
Hope you understand NO! we all say it and mean it .
Belong to NACHI and follow NACHI COE or do not belong to NACHI.
Roy sr

It’s very simple.

An inspector who is unethical could very easily “spot problems” in the key areas that he specializes in, whether or not they actually exist.

The homeowner, relying solely on the expertize of the inspector doesn’t know any better, and takes him up on his offer to do the repairs that may or may not exist.

This form of abuse exists in the auto repair industry. How many of us have taken our vehicles in for repair of one thing and had the mechanic find 15 other things we never noticed before?

High standards of ethics. That is how we separate ourselves from the rest of the industry and all other industries.

I am a trade certified carpenter and still operate my general contracting business. The 12 month rule under NACHI’s COE is very reasonable.

  1. Nick. Don’t hold back. Tell us what you really feel. :mrgreen:
  2. I never work on a house that I inspected, nor do I inspect a house that I have worked on. Not in the NACHI rules, but having this (personal) standard keeps life simpler for me. I have, however, for good customers, come over on a Sunday and ‘helped’ a friend install a couple of GFCIs over a beer or three, of helped a friend install extensions to downspouts that drain directly onto lower roof surfaces. Great marketing and I get GREAT referrals.
  3. Wish this was the law in all states.
    *]Sad. Our legislators have no clue as to the actual details of the the building business (developers, builders, the trades and home inspectors).
    Hust my 3 1/2 cents.

I somewhat disagree with all of you. You need to consider the “Smalltown USA” inspectors. Towns where they may sell up to five homes per year, or where the Home Inspector is also the Mayor, Barber, and local handyman.

This law may be great for big cities, but sucks for Smalltown USA. We speak about protection of the consumer, yet we formulate laws regulating home inspectors based on big city values, and never ever consider the small towns. Towns that are sometimes several hours away from the nearest big city. Many of these small town Inspectors perform Home Inspections as a side or part time job. They cannot count on the Home Inspection Income alone to feed their families.

Why are we punishing them and the consumer. Why the consumer?, “you ask.” Because the small town inspector will be given the choice of either inspecting a few homes per year or shutting up shop and continue with his home repair services. After all he is the only licensed electrician, mayor, town justice, and minister in town. And the consumer, well I guess they will just have to do without a home inspection, unless they want to pay the outlandish prices that the big city Home Inspectors will charge them, with additional travel expenses tacked on.

I wholeheartedly agree with you all as far as city inspectors are concerned, but totally disagree with you when it comes to “Smallville” inspectors.

John;

Fully agree and respect your comments. In small towns, highly trained people wear many hats.

“Why are we punishing them and the consumer. Why the consumer?, “you ask.” Because the small town inspector will be given the choice of either inspecting a few homes per year or shutting up shop and continue with his home repair services. After all he is the only licensed electrician, mayor, town justice, and minister in town. And the consumer, well I guess they will just have to do without a home inspection, unless they want to pay the outlandish prices that the big city Home Inspectors will charge them, with additional travel expenses tacked on.”

But I don’t work in a small town. I work in a highly populated area with 92 different AHJs, all or whom have very different codes and many clients who don’t know thw difference between ‘code’ and ‘safe, well done’.

John,

Good post!

quote=gromicko]
It is our Lobbyist Bob Rowland from KY. He has an associate lobbyist in NH he works with. In NH a lobbyist need not be registered (I think) and so Bob (who is really good) was able to go to NH yesterday (still there) and work on our behalf**.
[/quote]
**

Hi Nick!

I just saw this message for the 1st time. It seems that this unregistered Lobbyist has broken the law.
I am sure that you can correct this before anyone raises hell about it. I am enclosing the New Hampshire Law that pertains to anyone who wants to act as a lobbyist in New Hampshire.

I have a complete list of all registered lobbyist in New Hampshire. Guess What…even though ASHI had a Lobbyist at the majority of the meetings at our State Capitol and in one case there were two lobbyist present, ASHI does not have a “Registered” Lobbyist in our State.

Bye the way…It would have been nice if this NACHI Lobbyist had given me a call. I could have given him some useful information. I am sure that our 70-plus members of the NH State Chapter would also like to know that someone from out of State has come to NH to attempt to influence New Hampshire State Laws.

It is a shame that I had to find out about it on a bulletin board approximately 2-months after the fact.

That being said…here is your information. I hope that it comes in useful.

LOBBYISTS (RSA 15)
15:1 Registration.
I. Any person who is employed for a consideration by any other person, except the state of New Hampshire, in a representative capacity for the purposes specified in paragraph II of this section shall first register as a lobbyist with the secretary of state. Each registration shall report the existence of a relationship between a single client and either a single lobbyist or a partnership, firm, or corporation with one or more partners, members, or employees of a firm acting as lobbyist.
II. Registration is required where the person, partnership, firm, or corporation is employed:
(a) To promote or oppose, directly or indirectly, any legislation pending or proposed before the general court, or;
(b) To promote or oppose, directly or indirectly, any action by the governor, governor and council, or any state agency, as defined in RSA 15-A:2, where such action concerns legislation or contracts pending or proposed before the general court, any pending or proposed administrative rule, or the procurement of goods or services that are being or may be purchased by the state, subject to the exclusions in paragraph III.
III. Such registration is not required where the person:
(a) Is employed to represent another only in an adjudicative proceeding or nonadjudicative process as defined or described in RSA 541-A, other than a rulemaking proceeding or any process related to the purchasing of goods or services by the state, and who files an appearance with the authority conducting the matter; or
(b) Is an owner or employee, of a business seeking to do business with the state or communicating with an executive branch official or employee, a state agency, or an administrative official of the general court regarding goods or services that are being or may be purchased by the state.
IV. All registrations required under this section shall expire on December 1.
15:2 Name Tag.
I. Any person who is required to register as a lobbyist under RSA 15:1 shall wear on his or her outer garment a clearly visible name tag when lobbying in the state house or the legislative office building, or before the governor, governor and council, or a state agency. Such name tag shall have white lettering on a hunter orange background and shall be at least 1 ½ inches high and 2 ½ inches long. This name tag shall consist of lobbyist’s first and last name and the word “lobbyist” or the name of the organization represented in letters at least ¼ inch high.
II. A person whose lobbying activity is appearing to testify before a legislative committee in an open hearing session is exempt from the requirements of paragraph I.
*[II. repealed effective January 1, 2007, Chapter 169, Laws of 2006] *
15:3 Registration Form.
I. The lobbyist registration shall be on a form prescribed by the secretary of state that shall at a minimum include:
(a) The full name of the person registering, if that person is affiliated with a partnership, firm, or corporation, the name of that partnership, firm, or corporation, the name of the client who has employed the person registering, his or her respective business addresses, or if none, his or her residence address.
(b) The usual occupation or primary field of business of each.
© The date and character of the employment or agreement therefore.
(d) The duration of the employment if it can be determined.
(e) The special subjects of legislation or executive branch action, if any, to which the employment relates.
(f) If the person registering is a member of or affiliated with a partnership, firm, or corporation that has other members or employees who are also registered as a lobbyist, a list of the full name of each such person. Being listed in this subparagraph does not relieve anyone who will be lobbying for this client from being listed individually under subparagraph (a).
(g) The following statement followed by a line for each person filing the form to sign and date the form: “I have read RSA 15 and hereby swear or affirm that the foregoing information is true and complete to the best of my knowledge and belief.”
II. If the employment varies from time to time, a current registration shall be maintained for each employment.
15:4 Registration Fee. The fee for registration as a lobbyist under RSA 15:1 for any one year shall be $50 for each person lobbying for each reported client or employer. A fee shall be paid for each individual who acts as a lobbyist for each client or employer regardless of his or her affiliation with any other registered lobbyist.
**15:5 Prohibited Activities. **
I. Except as provided in paragraph II, no recipient of a grant or appropriation of state funds may use the state funds to lobby or attempt to influence legislation, participate in political activity, or contribute funds to any entity engaged in these activities.

II. Any recipient of a grant or appropriation of state funds that wishes to engage in any of the activities prohibited in paragraph I, or contribute funds to any entity engaged in these activities, shall segregate the state funds in such a manner that such funds are physically and financially separate from any non-state funds that may be used for any of these purposes. Mere bookkeeping separation of the state funds from other moneys shall not be sufficient.
15:6 Statements. I. Each lobbyist shall file with the secretary of state itemized statements under oath of:
(a) All fees received from any lobbying client that are related, directly or indirectly, to lobbying, such as public advocacy, government relations, or public relations services including research, monitoring legislation, and related legal work…
(b) All expenditures made from lobbying fees, including by whom paid or to whom charged.
© Any honorarium or expense reimbursement, as defined in RSA 15-B, or political contribution, as defined in RSA 664, made by the lobbyist in his or her professional or personal capacity, on behalf of the lobbyist, the partnership, firm, or corporation or by the lobbyist on behalf of the client or employer or by a family member of the lobbyist. The statements shall be open to public inspection. For the purposes of this chapter, “family member” shall mean any person related to and living in the same domicile as the lobbyist, who shares a common economic interest in the expenses of daily living, including, but not limited to, a spouse, child, or parents.
II. Lobbyists shall file statements no later than the second Friday of each month covering all fees received and expenditures, contributions, honorariums, or expense reimbursements made during the previous month, from fees received at any time from a lobbying client or employer or from funds otherwise provided by the lobbyist, partnership, firm, or corporation, or from the client or employer.
III. In this chapter “value” means the amount at which property or services would change hands between a willing buyer and a willing seller when neither is under any compulsion to buy or sell and both have reasonable knowledge of the relevant facts.
IV. A lobbyist, in his or her professional or personal capacity, or a family member of a lobbyist making a contribution, honorarium, or expense reimbursement, in a form other than cash, check or negotiable instrument, to a person with a duty to report that contribution, honorarium, or expense reimbursement pursuant to RSA 15-B or RSA 664 shall provide the recipient with a written statement of the value of the contribution, honorarium, or expense reimbursement if the value is different than any price or value printed on the contribution, honorarium, or expense reimbursement or if the contribution, honorarium, or expense reimbursement does not have a price affixed to it.
V. The lobbyist statement shall be in the form prescribed by the secretary of state, may be in paper or electronic form, and shall include at a minimum:
(a) The full name of each lobbyist covered by the report.
(b) The name of the lobbyist partnership, firm, or corporation, if any.
© The business address and telephone number for the lobbyist, partnership, firm, or corporation.
(d) For each lobbying client, the full name and business address of the client, the scope of the representation or lobbyist services being paid for, the gross amount of all fees received from that client, not reduced by any expenses, that are related, directly or indirectly, to lobbying such as public advocacy, government relations, or public relations services including research, monitoring legislation, and related legal work, a statement of the aggregate total of fees received that are related, directly or indirectly, to lobbying services during the calendar year, and a statement of any fee payment due, but not yet paid.
(e) For each honorarium or expense reimbursement made, that is reportable pursuant to RSA 15-B:
(1) The name of the client on whose behalf the expense reimbursement or honorarium was made, if any.
(2) The name of the person receiving the honorarium or expense reimbursement.
(3) A brief description of the event to which the honorarium or expense reimbursement relates.
(4) The value of the honorarium or expense reimbursement.
(f) For each political contribution made that is reportable pursuant to RSA 664:
(1) The name of the candidate.
(2) The office the candidate is seeking.
(3) The value of the contribution.
(4) If the contribution is an in-kind contribution, a brief description of the contribution.
(g) For all expenditures for salaries, benefits, support staff, and office expenses, related directly or indirectly to lobbying, a statement of the total aggregate expenses for salaries, support staff, and office expenses related directly or indirectly to lobbying shall satisfy the requirement that an itemized statement of these expenses be filed.
(h) The following statement followed by a line for each person filing the form to sign and date the form: “I have read RSA 15, RSA 15-B, and RSA 664 and hereby swear or affirm that the foregoing information is true and complete to the best of my knowledge and belief.” This statement shall be made under oath before a notary public or justice of the peace.
V. The secretary of state shall maintain the statements required by this section for 6 years from the date of filing, after which time the statements may be destroyed. The public information on the forms shall be available to the public in the form of a photocopy or an electronic record. The secretary of state shall, as soon as is practical, implement an electronic record keeping system that makes lobbyist registration forms and fee and expense reports available to the public through the internet.

15:7 Blanks. The secretary of state shall provide suitable forms in paper or electronic form to carry out the requirements of this chapter.
**15:8 Penalty. **Whoever violates any provision of this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Whoever shall make and file any statement under this chapter which is to his or her knowledge false shall be deemed guilty of perjury and punished accordingly.
15:9 Examination of Statements of Fees and Expenditures. It shall be the duty of the attorney general to examine the statements of fees and expenditures which are made under this chapter to the secretary of state and to compel such returns be made to comply with the law.
**15:10 Testimonial Privilege. **No person shall be excused from testifying in a proceeding instituted against another person under the foregoing sections for the reason that he might thereby incriminate himself; but no testimony so given by him shall be used directly or indirectly as evidence against him in any prosecution, nor shall he be prosecuted for any offenses so disclosed by him.
15:11 Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
Registering as a Lobbyist
in New Hampshire RSA 15:1 Registration. Any person who is employed for a consideration by any other person, except the state of New Hampshire, in a representative capacity **to promote or oppose directly or indirectly any legislation pending or proposed before the general court **shall first enter his appearance with the secretary of state in a book to be kept for that purpose, which book shall be open to public inspection. Such entry shall show the full names of employer and employed, their respective residences, the usual occupation of each, the date and character of the employment or agreement therefore, the duration of the employment if it can be determined, and the special subjects of legislation, if any, to which the employment relates. If the employment varies from time to time, such entries shall be varied accordingly. All registrations required under this section shall expire on December 1.
The lobbyist book is available for registration and public inspection between 8:00 a.m. and 4:30 p.m. Monday through Friday in the Secretary of State’s office, State House, room 204. Lobbyists must register before any lobbying may be done. Also, lobbyists must register for each legislative session. The registration book opens on December 1 prior to each session.

**RSA 15:1 -a Prohibited Activities. I. **Except as provided in paragraph II, no recipient of a grant or appropriation of state funds may use the state funds to lobby or attempt to influence legislation, participate in political activity, or contribute funds to any entity engaged in these activities.
II. Any recipient of a grant or appropriation of state funds that wishes to engage in any of the activities prohibited in paragraph I, or contribute funds to any entity engaged in these activities, shall segregate the state funds in such a manner that such funds are physically and financial separate from any non-state funds that may be used for any of these purposes. Mere bookkeeping separation of the state funds from other moneys shall not be sufficient.

RSA 15:2 Registration Fee. The fee for registration as a lobbyist under RSA 15:1 for any one legislative session shall be $50 for each employer. Each individual who acts as a lobbyist shall pay the above registration fee regardless of his affiliation with any registered lobbyist.
The fee of $50 shall be paid at the time of registration.

RSA 15:2-a Name Tag.
I. Any person who is required to register as a lobbyist under RSA 15:1 shall wear on his outer garment a clearly visible name tag when lobbying in the state house or the legislative office building. Such name tag shall have white lettering on a hunter orange background and shall be at least 1 1/2 inches high and 2 1/2 inches long. This name tag shall consist of the lobbyist’s first and last name and the word “lobbyist” or the name of the organization represented in letters at least 1/4 inch high.
II. A person whose lobbying activity is appearing to testify before a legislative committee in an open hearing session is exempt from the requirements of paragraph I.
III. Repealed
The Secretary of State’s Office does not supply the tags for lobbyists. Lobbyists are responsible for obtaining their own.

RSA 15:3 Statements.
I. Each lobbyist shall file with the secretary of state itemized statements under oath of his fees and expenditures in connection with his legislative employment, including by whom paid or to whom charged. The statements shall be in the form prescribed by the secretary of state and shall be open to public inspection.
II. Lobbyists registered for a legislative session shall file statements on April 15, August 15, and December 15. The statement due April 15 shall cover the time of registration to April 1. The statement due August 15 shall cover the period from time of registration or April 1, whichever is later, to August 1. The statement due December 15 shall cover the period from the time of registration or August 1, whichever is later, to December 1.
Forms to file on will be mailed to all lobbyists prior to the filing date.

RSA 15:7 Testimonial Privilege. No person shall be excused from testifying in a proceeding instituted against another person under the foregoing sections for the reason that he might thereby incriminate himself; but no testimony so given by him shall be used directly or indirectly as evidence against him in any prosecution, nor shall he be prosecuted for any offenses so disclosed by him.

| Administration | Elections Division | Department of State HOMEPAGE |

I thought NACHI didn’t have a position on this issue

message continued/ let the members decide what’s best for them?

I think it would have been smart Frank to email Nick privately about this, rather than posting it in a public forum for anyone to see.

Not very NACHI supportive.

Maybe the leader of a National Org, should have researched the issue before he “hired” posted it… ?

I vote not to put any nachi money into a lobbiest, or NH, let frank and his 70 have it. Spend the money elswhere, they don’t seem to want the help and NAchi national doesn’t get involved? Or does it?

That’s my point, Is there a quideline that NACHI national go by or not. I’m a little confused

Greetings Gents & Gals,


I am interested in your thoughts on my post today in the “Legal” area concerning just this stuff.


**Small town or big city - people talk. Bad people are among us - legislation does not change them - doesn’t this just create smarter con artist? Stop this attack on free choice to work - protectionism! Get out of peoples lives! **
Reputation alone will put the incompetent out of work. Nothing will put the dishonest out of work!


Again, that said, I feel much better.
**Best regards, **
Dennis Thomas **
Certified Home Inspector
TPMllc - Home Inspections
5015 S Regal, Suite E 1038
PO Box 31166
Spokane
, Wa 99223
Anytime
Phone 509-475-1795 **
Honesty - Excellence - Professionalism
**email: **dennis@SpokaneInspector.com
**web: **www.SpokaneInspector.com](http://www.spokaneinspector.com/)