InterNACHI filing a lawsuit against the Commonwealth of Kentucky.

Kentucky members,
I really curious what anyone involved in real estate transactions think of the new laws.
Is it creating a shortage of radon testers.
Im in Ohio and the regulations are extremely burdensome. So much so I would stop doing testing if I wouldn’t loose inspections.

I am pleased to have received a copy of the Temporary Restraining Order we sought and which was granted on July 1, 2015 and entered on July 6, 2015:

I have been outa the loop here for a while but when I heard that this mess was finally on hold and they InterNACHI was a lead factor I was very proud once again to be a member.
This has been a mess from the start and after going to several seminars, reviewing the requirements and then realizing that my invaluable experience and NACHI training ( both radon courses) meant near nothing as they had their own “bedfellow” I was furious and decided to scratch joining the ranks of the “certified” radon testers in KY. 4emails and three phone messages to the state with no response and yes I was done.
Turned down several radon test request since the first inly to learn today that this had taken place and we were not required to be certified by the state…
NACHI, Nock, Ben and their entire team are top notch, and in my opinion the only trade organization out there who put their money and clout on the line for its members!!!
Thanks again and I will be on the phone tomorrow seeing what I can salvage from all those whom I have told I no longer do radon testing.

Our InterNACHI training (advanced radon course) and test should be more than adequate to qualify for"certification" when and if it comes.
And those who may have lost business both by refusal (we thought we weren’t able to do so anymore) and how many referrals moved on to refer another inspection company who still did radon testing… Ok I’m done now

Any update on this? I have all of the sudden finally received an answer to my request to the state concerning information on the certification that I requested over three weeks ago.
They sent me the application, regs and QA example instructions.

Larger radon testing and mitigation companies push for radon licensing laws. The requirements get to be so large that it pushes the small testing HI’s out of business. The home buyers lose.

Large companies get the business, and other revenue from the cost of mitigation, needed or not. The state gets more revenue from fees. The testing companies get revenue from the required CEU’s. This is all a huge conflict created by clueless politicians, who listen when money is waved in front of their faces.

Minnesota’s new Radon law goes into effect Oct 1, 2017.

Not worth the cost so I will consider sub contracting if needed.

I was opting out as it was not worth the trouble and expense…as far as I know it’s on hold due to the actions by Internachi stepping in and helping out.
Now that I have thought it through and realized how many smaller inspection firms feel the same way I have decided to go all in and be part of the solution for them if this ever gets through.
Purchasing several new machines and have worked on a very good volume discount from Air Chek…building a web site now and have purchased several domain names relating. Talked with several seminary students who would love the easy side money for running.
There will be a great opportunity born from this crap and if it is not defeated then I will capitalize. That said…I HOPE IT GOES COMPLETLY AWAY!!!

Being a member of InterNACHI, taking CEU’s that are relative to radon, roofs, etc. should be enough for any HI, termite or radon licensing.

Again, it is all about revenue to the state, and the pockets of politicians who listen only to lobbyist and special interest groups; not the industry it effects.

Clueless. It is only, and always will be, about money. Never the consumer.

Any update on this issue?

Gary …

In case you were unaware of it, the Kansas Radon licensing law was supported and helped being pushed by the same Wichita group that pushed the home inspector licensing law, and supposedly represented / were the voice of Kansas home inspectors (gag).

If you read their CE notices, they are having the K-state Radon education this year at a local KC home inspection groups ANNUAL meeting over at the race track in Kansas.

Guess which HI group??

The injunction only provided relief to InterNACHI members (read: http://www.nachi.org/documents2012/internachi-vs-kentucky-temporary-restraining-order.pdf ), and so if you aren’t an InterNACHI member… you’re still screwed.

?? I am… Just wondering if there had been any movement. They have sent me emails with the application several weeks after not getting any replies

This might take years to resolve George. That’s why we got the injunction which relieves InterNACHI members (not any non-members) while we deal with it.

Gotcha… Just trying to plan. Been called by three inspectors in the past few weeks inquiring if I would do their radon testing… Gave them the NACHI site to investigate joining but in the meantime I see opportunity here for my helper (and me) to capitalize .
Thanks

---------- Forwarded message ---------
From: Rick Masters <lawsaver@aol.com>
Date: Tue, Mar 26, 2019, 8:32 PM
Subject: Re: Notice of Further Proceedings in InterNACHI et al. v. Cabinet for Health and Family Services, et al.

Gentlemen and Ladies,

I’m happy to confirm that the long awaited statutory amendments to the Kentucky Radon statutes has been passed by the General Assembly and signed by the Governor.

The amendments to KRS Chapter 211 have repealed the prohibition against the initial inspection entity being permitted to perform subsequent remediation of the same building; reduction of the amount and type of insurance required which has been reduced to a general liability policy providing coverage of $250,000.00; changes to the manner in which the Kentucky Radon Control Program Advisory Board is appointed with a more representative group and term limits.

Based upon the fact that substantially all of the modifications which we initially sought in this lawsuit have now been accomplished, and pursuant to what we agreed to do when we began negotiating a settlement of the matter and entered into the agreed order holding the case in abeyance since February 15, 2016, it is now appropriate for the entry of an agreed order of dismissal so that the matter may be taken off the docket.

I’ve attached the prior agreed order and the newly enacted statute contained in HB 420 passed by the General Assembly. This order will be submitted for entry by the Court.

Don’t hesitate to call if you have any questions.

Best Regards,

Rick Masters
Masters, Mullins & Arrington
1012 S. 4th Street
Louisville, KY 40203
Office - (502) 582-2900
Fax - (502) 587-0931
Email - lawsaver@aol.com

InterNACHI wins lawsuit to change law for home inspectors in Kentucky - InterNACHI