Kentucky Licensing Bill now available

Archive Public Archive
#1

Originally Posted By: ecrofutt
This post was automatically imported from our archived forum.


In 2002, activity began in regards to licensing Home Inspectors in the State of Kentucky.


Senator Gary Tapp will be prefiling a Home Inspector licensing bill sometime around December 19th, 2003.


On January 8th, 2004 a statewide meeting of Home Inspectors will take place in Frankfort, KY to learn more about this bill.

A downloadable PDF File of the meeting notice, Map & Driving Directions is available at the Kentucky Real Estate Inspection Association website at:

http://www.kreia.org/KYLicensinginfo.html

A link to the pre filed bill will also be placed on that page when it becomes available.

--
Erby Crofutt
B4U Close Home Inspections
Georgetown, Kentucky
www.b4uclose.com

#2

Originally Posted By: ecrofutt
This post was automatically imported from our archived forum.


The link to the Kentucky Licensing Bill is now available on the Kentucky Real Estate Inspection Association (KREIA) web site.


http://www.kreia.org/KYLicensinginfo.html

Remember to get your reservation in ASAP to make sure we get a big enough room to hold everybody.

--
Erby Crofutt
B4U Close Home Inspections
Georgetown, Kentucky
www.b4uclose.com

#3

Originally Posted By: ecrofutt
This post was automatically imported from our archived forum.


The current bill calls for:


(2) The board shall be composed of seven (7) members appointed by the Governor.


(a) Four (4) of the members shall:

  1. Have been actively engaged in performing home inspections in Kentucky for at least five (5) years immediately before the member’s appointment to the board;

  2. Have completed one hundred (100) fee paid inspections per year over the last five (5) years;

  3. Be licensed by the board as a home inspector; and

  4. Be appointed as follows:


    a. One (1) person shall be a member of the American Society of Home Inspectors;


    b. One (1) person shall be a member of the Kentucky Real Estate Inspectors Association;


    c. One (1) person shall be a member of the National Association of Home Inspectors; and


    d. One (1) person shall be an at-large home inspector who is not a member in any of the organizations set forth in a. to c. of this subparagraph.


    These four (4) members shall be selected from a list of twelve (12) names submitted to the Governor, and compiled by a selection committee composed of six (6) members, two (2) each from the American Society of Home Inspectors, the Kentucky Real Estate Inspectors Association, and the National Association of Home Inspectors respectively.


    (b) The other three (3) board members shall be qualified as follows:

  5. One (1) person shall be a home builder who has been actively engaged in home building in Kentucky for at least five (5) years immediately before the member’s appointment to the board. This member shall be selected from a list of three (3) names submitted to the Governor from the Home Builders Association of Kentucky;

  6. One (1) person shall be a licensed real estate salesperson or broker under KRS Chapter 324 who has been actively engaged in selling, trading, exchanging, optioning, leasing, renting, managing, or listing residential real estate in Kentucky for at least five (5) years immediately before the member’s appointment to the board. This member shall be selected from a list of three (3) names submitted to the Governor from the Kentucky Association of Realtors; and

  7. One (1) person shall represent the public at-large and shall not be associated with the home inspection, home building, or real estate business other than as a consumer. This member shall be appointed by the Governor, but shall not be selected from a submitted list of names.


    =======================================


On the 12th of December the following Association web sites listed the below for number of Kentucky Members.

ASHI has 38 members listed for Kentucky.
NAHI has 13 members listed for Kentucky.
NACHI has 14 members listed for Kentucky.
AAHI has 6 members listed for Kentucky.
HIF has 13 members listed for Kentucky
And who knows how many non-affiliated inspectors in Kentucky, but I think KREIA has about 3 or 4 hundred on our mailing list.

--
Erby Crofutt
B4U Close Home Inspections
Georgetown, Kentucky
www.b4uclose.com

#4

Originally Posted By: Nick Gromicko
This post was automatically imported from our archived forum.


NACHI now has 19. Two more KY home inspectors just joined. We’ll have the largest presence in KY by April or May.


Nick

#5

Originally Posted By: ecrofutt
This post was automatically imported from our archived forum.


Y’all Kentucky guys are pretty silent on this. I hope you are digesting this thing and contacting your legislators. Contact info, including phone numbers, e-mail addresses, and mailing addresses, can be found at:


http://www.lrc.state.ky.us/whoswho/whoswho.htm


Both the Senate and House Licensing Committees are scheduled to meet at noon every Wednesday, though they don't always.

Their Committee agendas can be found at
http://www.lrc.state.ky.us/pubinfo/emailcal.htm

Contact Info for both the Senate and House Licensing Committee members can be found at http://www.kreia.org/KYLicensinginfo.html

The link to the updated bill is at:
http://www.lrc.state.ky.us/record/04rs/SB34.htm
Click on the SB34 underlined link next to Senator Tapp's name for the full text of the bill.

--
Erby Crofutt
B4U Close Home Inspections
Georgetown, Kentucky
www.b4uclose.com

#6

Originally Posted By: Nick Gromicko
This post was automatically imported from our archived forum.


No offense Erby but that is one stupid bill.


NACHI is 10 times bigger than NAHI. There are only 5 regular NAHI members in the whole state of Kentucky! This bill puts 2 of the 5 on the Home Inspector Licensing Board.

I've read every home inspection bill in the country and this is the dumbest. When is this Tapp guy up for re-election? We gotta all work to get him out of KY.

Nick

#7

Originally Posted By: mpatton
This post was automatically imported from our archived forum.


Deleted 1/20/04


http://www.nachi.org/bbsystem/viewtopic.php?t=2183

–
Michael Patton


AA Home Inspection


Serving Northern KY & Greater Cincinnati OH


AA@AAHomeInspection.net
www.AAHomeInspection.net
#8

Originally Posted By: ecrofutt
This post was automatically imported from our archived forum.


Quote:
can come any other time though. I'll be in KY a lot next month so maybe we'll hook up. I have to do something about Kentucky's new home inspection law...the "Dumbest Home Inspection Law in the Country." NAHI gets 2 seats on the licensing board in KY even though they only have 5 regular members in the whole state! The world's largest inspection association gets none. Smells fishy to me. I'm setting up an office near Waddy to start working on ousting this Gary Tapp. I'm funding the project myself. I hate to undermine a fellow Republican but he has to go.



I brought it here to continue the discussion.


Dear dear Nick,

Your a$% is showing again. Over 15 days ago I sent you the information on the board makeup and posted it above. Then when we talked on the phone, I asked you about it and you were like "oh well, all politics is local". It's not as dumb as the Pennsylvania law with required E&O or the New Jersey Law.

NOW suddenly you're offended. s#!t. I think you are just trying to stir the pot again. You seem to be pretty good at that knee jerk reaction stuff without knowing all the details or asking any questions before you jerk. Of course, 15 days for your knee to jerk means you're getting old like me and your reactions are slowing.

I'm glad I didn't include the NACHI message board in the letter I delivered to Senator Tapp and all the other members of the licensing committees in the Senate and the House yesterday. I can just see the instant alienation if one of Senator Tapp's aides had pulled up the crap your spewing. Try a polite letter espousing your views as the Executive Director of NACHI, not Nick, the message board guy.

I suggest you:
1. Open your eyes instead of your mouth,
2. Read the rest of the bill,
3. Notice all the other provisions good for the industry,
4. Write some "polite" letters, as noted below, expressing your opinions, not the crap you spew on the board occassionally. I know you're capable of it. I've seen some.
5. Encourage other members, particularly Kentucky Members, to write letters and contact the legislators.
NOTE: Letters should be written, and sent, immediately, as this will probably come before the Senate Licensing Committee next Wednesday, the 21st of January, 2004. All of them should know about it before the first committee meeting it's brought up at.
6. Have Nick Gromicko, the Executive Director of NACHI, (the polite, well mannered Nick, not the spouting message board Nick) fly himself and the President of NACHI down to Frankfort, KY to meet with the legislators. Phone ahead for appointments.

I've provided all the addresses below.

In point of fact, Senator Tapp is our friend on this issue, however, he has been unaware of the other national associations. Instead of raising hell, try a nice letter making him aware of the other associatons and asking him to remove the provisions for membership in national Associations. Send a copy of it to all the licensing committee members in both the house and the senate. Ask NACHI members IN Kentucky particularly and all over generally to send letters asking him to remove the National Association provisions. Have them send copies to the members of the licensing committee members in both the senate and the house. While you are at it, ask them to support my desire to not have a realtor or builder on the board either.

Some History:
The Kentucky Association of Realtors decided to push for HI legislation over a year ago.
KREIA pushed it off.
Working as a group, KREIA, ASHI, NAHI, Realtors and Builders came up with this bill, NOT Senator Tapp. Now remember, at that time, NACHI had one lone member in Kentucky, ME.

Each person working on it had their little pet part to it, including some people wanting a guaranteed seat at the table.

To attempt to crucify Senator Tapp on this shows your ignorance and naivety of Kentucky Politics in particular and the legislative process nationwide in general. All legislation, when it is introduced is a compromise of different parties issues. Then it get's compromised some more.

Now is the time to compromise the bill some more by removing the provisions for requiring national association membership on the board and removing the provisions for a realtor and a builder on the board.

I suggest that you personally, as the Executive Director of NACHI, and other members of stature, such as Joe Hagarty, Joe Farsetta, Gerry Beaumont, (geeze I know I'm leaving someone out), write letters. I've provided the addresses below. In addition, I ask the same people to encourage all members to write letters on their thoughts and send them to the same people. Particularly those Kentucky members. Kentucky members should visit the capitol and their legislators to espouse their views, or at the very least call them.

If Kentucky NACHI members are so many, why didn't Senator Tapp already know about NACHI. Because none of us said anything to him. Well, it's past time to make him and all the other licensing committee members in both the Senate and the House aware of NACHI and the other National Associations represented in the state besides NAHI and ASHI.

Get off the message board and get busy, all of you.

Here's the addresses.


Full contact information for all state legislators, including phone & E-mail and mailing address is available thru: http://www.lrc.state.ky.us/whoswho/whoswho.htm

Write the licensing committee's legislators at this address:
Title Name
Capitol Annnex, Room ________
Frankfort, KY 40601

i.e.
Senator Gary Tapp
Capitol Annex, Room 214
Frankfort, KY 40601

(Number behind name is the room Number)
Senate Committee on Licensing, Occupations & Administrative Regulations (S)

Senator Gary Tapp, Chair 214 Co-Owner Electric City

Senator Richard Roeding, Vice Chair 204 Registered Pharmacist

Senator Charlie Borders 203 Director of Admin Services, Kings Daughter Hosp

Senator David Boswell 225 Hotel Sales & Marketing Director

Senator Tom Buford 230 Property Management

Senator Brett Guthrie 209 Director of Ops, Trace Die Casting

Senator Daniel Mongiardo 229 Chief of Staff, Hazard Reg Med Center

Senator Larry Saunders 225 Attorney, Realtor, Businessman

Senator Tim Shaughnessy 229 VP, Jewish Hospital

Senator Robert Stivers 214 Attorney

Senator Jack Westwood 230 Retired Private School Teacher

House Committee on Licensing & Occupations (H)

Representative Denver Butler, Chair 329D Meat Cutter, Supervisor

Representative Reginald Meeks, Vice Chair 329A Assoc Director Development, U of L

Representative Jon David Reinhardt, Vice Chair 401 Realtor Associate

Representative Charles Miller, Vice Chair 451C High School Principal

Representative Tom Burch 322E Retired from GE

Representative Larry Clark 304A Electrician, Member IBEW

Representative Ron Crimm 424F Insurance

Representative Jon Draud 413A Educator

Representative Jim Gooch, Jr. 329G VP Steel Fab Company

Representative Dennis Horlander 351D Mfr?s Representative

Representative Joni Jenkins 424A Communications Specialist

Representative Paul Marcotte 413E Retired Retail Exec

Representative Ruth Ann Palumbo 457D Community Volunteer

My Letter and Information on all the national associations I am aware of follows:

January 14, 2004

Senator Gary L. Tapp
Suite 214
Capitol Annex
Frankfort KY 40601

Dear Senator Tapp,

I am writing in regard to Senate Bill 34, an act relating to Home Inspectors, as introduced by you in the Senate.

Specific issues are discussed below, however, I want to first ask you to consider consulting with New Jersey Assemblyman Anthony Impreveduto, who sponsored the New Jersey Home Inspector Legislation which became a fiasco that, five years later, is still not fully implemented.. Assemblyman Impreveduto?s contact information is:
address: 400 Plaza Drive, Seacaucus, NJ 07094
phone (201) 864-3232
e-mail: asmimpreveduto@njleg.org

I request that the composition of the Kentucky Board of Home Inspectors, Section 3, be amended to allow for six Home Inspectors and one representative of the public at large based on the following information.

I disagree with Section 3 (2) (a). regarding the requirement for membership in a specific national home inspection association for two of the seats on the Kentucky Board of Home Inspectors and for membership of the selection committee. There are several worthy national home inspector associations, not just the two mentioned. To provide two national associations a seat at the table while requiring members of the other national associations to compete for the remaining seats is patently unfair to members of those other national associations. I have enclosed a list of national home inspector associations, their contact information, and their Kentucky membership numbers. No national association membership should be required in the law.

To prevent any one national association from controlling the Kentucky Board of Home Inspectors, as was attempted and partially successful in New Jersey, I would support a requirement that no more than one member of a national association be allowed a seat on the board. As some home inspectors belong to more than one association, I would propose that each member of the board be required to declare his national association representation as part of the selection process.

Further I disagree with the provision for the selection committee that four of the seats be composed of two members from each of these two national associations. I would propose the same association membership limitation on the selection committee as on the Kentucky Board of Home Inspectors.

The Kentucky Real Estate Inspection Association, (KREIA) www.kreia.org , founded in 1992, is a state association of home inspectors with the stated goal of ?Promoting Ethics & Education in the Kentucky Home Inspection?. As it is a state association, I have no objection to any or all of the members of the Kentucky Board of Home Inspectors being members of KREIA, though I would not make it a requirement.

I also protest the provisions of Section 3 (2) (b) 1. regarding having a Home Builder as a member of the Kentucky Board of Home Inspectors. There are no provisions in Kentucky Revised Statutes Chapter 198B.020 (1) for a Home Inspector on the Kentucky Board of Housing, Building and Construction. Home inspectors should regulate home inspectors as the building trade regulates builders.

I also protest the provisions of Section 3 (2) (b) 2. regarding having a licensed real estate salesperson or broker as a member of the Kentucky Board of Home Inspectors. There are no provisions in Kentucky Revised Statutes Chapter 324.281 (1) for a Home Inspector on the Kentucky Real Estate Commission. Home inspectors should regulate home inspectors as real estate agents regulate real estate agents.

If these two industries desire input on the control over the home inspection industry, reciprocity should ensue to allow for home inspection input on the control over the home building and real estate industries.

I ask that the expiration dates in Section 12 (1) & (2) be changed to November 15 or January 15. The middle of summer is a period of high activity in the home inspection industry while the winter months have a lower activity level. Requiring license renewal during the summer may result in inadvertent lapse of licenses, leading to added administrative burden for the Kentucky Board of Home Inspectors and individual home inspectors.

I ask that Section 12 (1) (c) be changed to: ?Intentionally gives false or materially misleading written information or sworn testimony to the board or to a board member in connection with a licensing matter;? This would eliminate the possibility of a false claim of verbal misleading information being provided to a board member resulting in a criminal conviction.

While I don?t particularly support each and every other provision of Senate Bill 34, I recognize that legislative agreement is reached by compromise.

A good source for the pulse of home inspectors nationwide is the internet message board forum at Inspection News, participated in by over 2,600 home inspectors from all over the nation. www.inspectionnews.com .

I appreciate your efforts to protect Kentucky consumers and to further the professionalism of the Kentucky home inspection industry.

Best regards,



Erby Crofutt
B4U Close Home Inspections
Georgetown, KY

Member of the Board of Directors,
Kentucky Real Estate Inspection Association

Member of the Code of Ethics Committee
National Association of Certified Home Inspectors

Former Candidate Member
American Society of Home Inspectors

Enclosure: National Home Inspector Association Information

cc: Senator Damon Thayer, District 17
Representative Charlie Hoffman, District 62
Representative Denver Butler, Chariman, House Committee on Licensing & Occupations
Members of the Senate Committee on Licensing, Occupations & Administrative Regulations
Members of the House Committee on Licensing & Occupations




Kentucky Members listed
National Home Inspector Organizations (as of January 7, 2004)
National Association of Home Inspectors, Inc. 14 members
4248 Park Glen Road
Minneapolis, MN 55416
Phone: (952) 928-4641 or (800) 448-3942
Fax: (952) 929-1318
Website: www.nahi.org

National Association of Certified Home Inspectors 21 Members
1220 Valley Forge Road, Building #47
P.O. Box 987
Valley Forge, PA 19482-0987
Phone: (610) 933-4241 (Valley Forge, PA)
Fax: (650) 429-2057 (Silicon Valley, CA)
Website: www.nachi.org

American Society of Home Inspectors 38 Members
932 Lee Street, Suite 101
Des Plaines, IL 60016
Phone: (847) 739-2820
Fax: (847) 739-1620
Website: www.ashi.com

Association of Construction Inspectors 6 Members
1224 North Nokomis NE
Alexandria,Minnesota 56308
Phone: (320)763-7525
Fax: (320)763-9290
Website: http://www.iami.org/aci/

American Association of Home Inspectors 6 Members
P. O. Box 64309
Lubbock, Tx. 79464-4309
Phone 806-794-1190
Website: www.aahi.com

Housing Inspection Foundation 14 Members
1224 North Nokomis NE
Alexandria,Minnesota 56308
Phone: (320)763-6350
Fax: (320)763-9290
Website: http://www.iami.org/hif.cfm

American Inspectors Society 6 Members
P. O. Box 429
Maysville, GA 30558
Phone: (770)416-9877
Website: http://homeinspectortraining.com/

--
Erby Crofutt
B4U Close Home Inspections
Georgetown, Kentucky
www.b4uclose.com
#9

Originally Posted By: Nick Gromicko
This post was automatically imported from our archived forum.


Erby I appreciate all the work you do. You are one of the smartest guys I know.


But my reaction only looks "knee jerk" as you put it, from KY. We've already seen stacked licensing boards before in other states. They always end up taking control, keeping out competition which hurts consumers, lining personal pockets by "approving" only certain continuing education which they have a financial interest in, making the law falsely appear to the newbie that he must join a particular association and that other association are not "recognized" in some way, requiring mentoring fees to the cronies of board members, forcing other inspectors into indentured servitude and year long non-competes, and generally using their position to dominate an industry locally.

Consumers nor inspectors want that for KY.

Tapp proposed a bill whereby the licensing board is picked from a list submitted by the the very same few people who want on it! Corruption-avoidance isn't rocket science. I agree with you, it would be a "knee-jerk" reaction if I hadn't seen it before. Please let's "alienate" (as you say) this guy right out of KY.

Nick

#10

Originally Posted By: ecrofutt
This post was automatically imported from our archived forum.


Quote:
Tapp proposed a bill whereby the licensing board is picked from a list submitted by the the very same few people who want on it! Corruption-avoidance isn't rocket science. I agree with you, it would be a "knee-jerk" reaction if I hadn't seen it before. Please let's "alienate" (as you say) this guy right out of KY.


Senator Tapp has been around a bit to long, and done to many good things to "alienate" him right out of Kentucky. Especially over a podunk (considering all the other REALLY important things on his plate) home inspector licensing bill, that was brought to him by a task force of Home Inspectors in the first place. Both him, and the other members of the licensing committee are needing education about the home inspection industry before they discuss this bill in committee for the first time.

I suggest you get off the message board and start helping to educate him, and the rest of the licensing committee members,about the realities of national home inspection associations by writing that letter and sending copies of it to all members of the Senate & House licensing committees. If you want, I'll even volunteer to dig up their fax numbers so you can fax it to them.

After you've done that, come back here and post a copy of your letter so that other NACHI members can see what you wrote and perhaps that will help them write their own letters.

I'm not going to discuss this with you anymore until you have done your duty as the Executive Director of NACHI, written your letter and sent it to Senator Tapp with a cc to all of the licensing committee members.

I also suggest you change your "let's get rid of him" stance to a "let's educate him (and the rest of the licensing committee members)" stance. It's much more productive and will yield more satisfying results.

You're an educated guy. How long could it take to write a letter about this and get it in the mail. Probably about as much time as you've already spent ranting about it on the message board.

I think you need to earn your right to rant. Write the letter.

--
Erby Crofutt
B4U Close Home Inspections
Georgetown, Kentucky
www.b4uclose.com
#11

Originally Posted By: Nick Gromicko
This post was automatically imported from our archived forum.


I agree. I’ll work on this outside of NACHI and this message board.


Nick

#12

Originally Posted By: Nick Gromicko
This post was automatically imported from our archived forum.


http://www.nachi.org/bbsystem/viewtopic.php?t=2183