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State Legislation - Michigan

Latest Update on HB 4134
Bill #: HB4134
Year: 2005

Bill Summary:
HB 4134]( defines home inspection and home inspection services. The bill creates the Home Inspectors Board, which will issue licenses to home inspectors. Beginning the effective date of the bill, an individual cannot provide inspection services unless licensed as a home inspector. HB 4076 would adopt the National Association of Home Inspector’s license qualifications, educational standards, and examinations. Under HB 4076 the governing department, upon advice of the Home Inspectors Board, would determine whether applicants not affiliated with NAHI otherwise meet the adopted standards. The bill would also allow the department to set examination standards for applicants not meeting NAHI’s education and experience standards. HB 4134 requires a home inspector to furnish a “disclosure statement” and provides criteria for the statement. The bill also outlines contract provisions that a home inspector is required to provide.
[size=2][size=][FONT=verdana,arial,helvetica,sans-serif][size=2]On February 1, HB 4134 was introduced and referred to the Committee on Regulatory Reform. The status of this bill has not changed.

This is over a year old…Do they update the information?

New patriotic school morning pledge:

I pledge allegiance to the flag AND the American Society of Home Inspectors.

HI Dan!

You might want to use this letter from the New York times as a basis for your fight against being ASHIFIED!

ALLRedandBlue fonts and theyellow highlights are mine.**


Is this where New Hampshire is headed?
**New Licensing Law for Home Inspectors **

Published: January 8, 2006
[FONT=Arial]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.***[/FONT]
***[FONT=Arial]"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. {My Highlights, Frank} ***[/FONT]
[FONT=Arial]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.[/FONT]
[FONT=Arial]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
. [/FONT]
***[FONT=Arial]{Note: New Hampshire is typically $300.00 Frank} ***[/FONT]
[FONT=Arial]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.***[/FONT]
*[FONT=Arial]{NOTE: The way the NH HB642 “RECIPROCITY CLAUSE” is written New York or Massachusetts Home Inspectors can come into YOUR state and conduct YOUR inspections, but a NH Home Inspector would be subject to fines or jail. [/FONT]
[FONT=Arial]Is this really ****“Reciprocity?” ****Is this what you, as a New Hampshire Real Estate Professional really wants? Frank}[/FONT]
[FONT=Times New Roman]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.[/FONT]
[FONT=Times New Roman]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. [/FONT]
[FONT=Arial]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. ***{What Licensed Inspector is going to train his competition? Thedoor will be shut for all new inspectors.}
[FONT=Arial]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. [/FONT]
[FONT=Arial]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. ***[/FONT]

Another item to read
National Association of Certified Home Inspectors

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ASHI member caught abusing his office in a failed attempt to destroy his competition.

NACHI’s own Nick Gromicko and general counsel Joe Ferry attended the Loveland, CO city council meeting on October 11th, 2005 in an effort to stop them from adopting Colorado’s first home inspection regulation. The regulation, proposed by the city’s Construction Advisory Board, was authored by one Jon Rudolph and presented using Power Point by Jon Rudolph, one of the Construction Advisory Board members. The regulation would require home inspectors to adopt the ASHI Standards of Practice, word for word, thus eliminating home inspectors who belong to NACHI.

Can you guess what City Construction Advisory Board member Jon Rudolph does for a living? It is almost unbelievable, but here goes: He’s a home inspector belonging to… you guessed it… ASHI.

In an egregious violation of the city’s own Charter Article 5-2, which prohibits any Board or Commission member who suffers from a conflict of interest from taking any action on such a matter, whatsoever, scumbag Jon Rudolph just couldn’t play by the rules:

This from the Loveland, Colorado City Charter, Article 5-2:

Section 5-2 - Disclosure and Non-action - Matters involving conflict of interest.
(a) If the Mayor, any Council member, or any member of a board or commission has a conflict of interest with regard to any matter before the Council, board, or commission, as applicable, he or she shall follow the disclosure and other requirements of this section.

(b) At or before the time the matter is heard, the member shall disclose the interest to the Council, board, or commission, as applicable. The member shall not vote on or otherwise take any formal action concerning the matter, shall not participate in any executive session concerning the matter, and shall refrain from attempting to influence any other member in voting on the matter.

Well, that didn’t stop ASHI’s Jon Rudolph who has been abusing the power of his office to try to put his competition out of business.

NACHI to the rescue!

NACHI submitted the following letter to the City Counsel on October 11th which squashed the ASHI scum bug.


To: City Council
From: Nick Gromicko
Date: 10/11/2005
Re: Home Inspector Registration

Nick Gromicko, Founder of the National Association of Home Inspectors (“NACHI”), respectfully requests that this memorandum be admitted into the record of the hearing on the captioned matter.

NACHI objects to the proposed Amendment to Title 15 of the Loveland Municipal Code for the following reasons:

1. There is no Code of Ethics included in the proposed Amendment. Thus, a home inspector could pay kickbacks and finders’ fees to realtors or, more unethically, find defects in the inspected home and then suggest himself as the perfect person to repair them. If the purported rationale behind the Amendment is to protect the consuming public, this is a glaring omission.

2. There is no requirement to carry Errors and Omissions Insurance. Thus, an aggrieved client of a negligent home inspector would have no recourse against a judgment proof inspector. If the purported rationale behind the Amendment is to protect the consuming public, this is a glaring omission.

3. The proposed Amendment is nothing more than a word-for-word recitation [with a different numbering scheme to fool the unwary] of the standards of practice of the American Society of Home Inspectors, an out-of-state organization to which Mr. Rudolph belongs, rather than the more stringent standards of practice of the Colorado-based NACHI, which is not only the world’s largest association of home inspectors, but Loveland’s, Colorado’s and America’s, as well. Because NACHI standards of practice, continuing education and annual testing requirements are so high, AIG, the world’s largest insurance company, insures NACHI members exclusively at a substantial discount from the rates it regularly charges for errors and omissions insurance. By lowering the home inspection standards to the ASHI model, the City of Loveland will instantly eliminate almost all of the inspectors in the city of Loveland and make it impossible for many to acquire errors and omission insurance to protect the consuming public.

4. The continuing education requirement is inadequate. It should be at least twenty-four (24) hours.

5. There is no annual testing requirement of the home inspector in the proposed Amendment. In an industry that has undergone and continues to undergo such rapid change as the home inspection industry, inspectors should be required to demonstrate continued competency. If the purported rationale behind the Amendment is to protect the consuming public, this is a glaring omission.

6. There is no requirement that the home inspector have any experience whatsoever. If the purported rationale behind the Amendment is to protect the consuming public, this is a glaring omission.

7. Section 3.2.5 is clearly unconstitutional. As written, one could be barred from earning a living as a home inspector on the basis of unproved allegations, while, ironically, a convicted criminal who, thus, has a resolved complaint, could operate as a home inspector with impunity, an absurd result.

8. The Amendment is tainted by its provenance. It was prepared and proposed by a home inspector who is a member of Loveland’s Construction Advisory Board and has ties to the real estate industry. The Amendment he has proposed would eliminate his direct competition which is a clear violation of 5-2(a) of the Loveland City Charter relating to Ethics.

9. Finally, despite NACHI’s having met with the Construction Advisory Board and provided Jon Rudolph with a torrent of material germane to the proposed Amendment, the proposed Amendment omits any mention of NACHI in the Acknowledgement Section, an oversight that could not be unintentional.

Respectfully submitted,

*Nick Gromicko *

Needless to say, City Council won’t be adopting Mr. Rudolph’s self-enriching proposal.

No wonder ASHI member Jon Rudolph omitted any reference to ethics in his proposed regulation! Would you trust Jon Rudolph to be honest about your most expensive investment?

A detailed brief of these events and a summary exposing this public official and warning all about this ASHI inspector is being drafted and sent to all concerned parties including EVERY real estate agent and lending institution within 70 miles of Loveland, Colorado. NACHI will be building over 200 search engine optimized websites designed to warn REALTORs and home buyers about this inspector. Inspector’s Quarterly will be featuring a national story about Jon Rudolph. And, a civil law suit against Jon Rudolph, demanding reimbursement of NACHI’s costs and legal fees suffered while thwarting his abuse of office actions is being prepared.

Many thanks to member Jim Bushart for bringing this to NACHI’s attention, and to NACHI’s general counsel Joe Ferry who made it to the October 11th City Council evening meeting despite having to catch a plane to Connecticut and then back home to Philadelphia at 5 am the following morning.

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Ask Nick For Help!!!