NH update

November 29, 2007 SB 212 Amendment 2668s.doc (57.5 KB)
Hi all,
NH update at this point

HB763 is ITL’d
SB212 heading to full senate

SB212 has been amended many times
not too bad, if we have to have licensing
thoughts and opinions are welcomed

What is ITL?

initialed?

ITL
In The Lavatory??

  1. Having the HI Board develop the exam is a large undertaking and is likely being underscoped. ( a necessary evil may be the NHIE)
  2. Not having the exam proctored is not optimum in my opinion.
  3. What’s that last section about? Appeals to the State building code commission?..I didn’t understand that because it is somewhat out of context I think since that document is just showing revisions to the bill. In any case, it doesn’t seem quite right.

NACHI has a proctored exam available in NH. We also have another non-HI group available to incorporate and administrate the exam (we give them access and rights to own a version of it)

There is someone in NH (a senator) who believes the exam should be written by building code officials, who apparently do not believe home inspectors are qualified to inspect homes, or anything else.

It’s a bit of a mess, I’m afraid.

hey Carla… coming to the class on the 8th?

It’s legislator speak for Inexpedient to Legislate.

in·ex·pe·di·ent adj. Not expedient; inadvisable: an inexpedient tactic.

That would be Senator Cleig )I think that’s the right spelling).

But as constituted right now the board which is 5 HI’s from all over the state and 2 civilians will write the test. Of course with the bill still needing to get passed the full senate and also the house the code official nonsense might reappear.

Actually I think the legislators have finally gotten fed up with what they perceive as a turf war. They have listened to many of the issues and tried to address them but at least on the Senate side it doesn’t appear that anyone but Senators has much influence right now.

Essentially they have dealt well (in my opinion) with the following.

  1. Grandfathering (it’s gone but there will be a 2 year lag for testing so everyone will meet the same standard. Assuming a reasonably written test then it should not be an onerous or outrageously expensive hurdle for anyone)

  2. Reciprocity - For now they managed to make it explicit that no other licensed state gets a free pass in NH unless they give the same privilege to us.

  3. The Board - They’ve gotten rid of the extreme requirements for being on the board. A sensible thing since this is a small state and while no one knows for sure it is likelywe don’t have 400 HI’s in the entire state. The scheme populating the board will spread the HI representation to every area of the state. (We have this issue with North country as poor step child of the rich folks from Concord and south).

  4. The continuing education requirements have been modified so that no organization will have preference on providing training. And certain people from the so-called independent coaltion who supported an early version won’t be able to rake in thousands of bucks from budding HI’s as the “Official” trainers.

  5. Licensure requirements have been pared down to something reasonable and doable instead of embedding the ASHI rules like in an earlier version.

  6. The mandatory E & O has gone away for now. It might come back in the house but being the live free or die state (we don’t even require auto insurance) there will be strong oppositon to that.

Of course here in NH things can go in surprising directions so it remains to be seen if this creation can survive in one of the largest legislatures in the world. (Lots of Prima Donnas in the house. Almost as opinionated and arrogant as HI’s)

I taped today’s proiceedings in teh Senate Committee. If the recording is useful I will post it as it was interesting to listen to.

Hi Don,
It sounds like you are ok with the amended bill. I guess I am as well.
probably will not make it to the Governor’s desk anyway.

Carla

Joe,
I will not be attending the class, at this point I am not interested in
commercial work.
Good luck with the class.
Carla

Hi all,
at today’s Senate session the comm. amendment to SB212 was adopted
and the bill is sent to 3rd reading.
looks like it is heading to the House.
Burling, Clegg and Cilley stated that the huge amount of work has created a good bill.

Carla

Senate OKs home inspector licensing
Friday, January 18, 2008

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Those wishing to make a living inspecting homes in New Hampshire would have to apply for a license that would require 80 hours of training and passing an exam approved by a new state licensing board, if a bill passed Thursday by the Senate becomes law.

Under House Bill 212, inspectors also would have to be a high school graduate, pay an unspecified license fee, take continuing education courses and agree to a number of ethical guidelines.

The guidelines would forbid inspections from which they might benefit either through indirect compensation or promise of future referral, nor may they compensate real estate agents from whom they received referrals, nor may they accept compensation for recommending contractors. And they can’t do the work themselves, unless it’s performed a year after the inspection.

Those working as home inspectors would have until 2010 to obtain a license.

New Hampshire is one of the few states that doesn’t license home inspectors. While many belong to various associations with their own ethical and professional standards, there is concern that there are some people “who call themselves inspectors give the profession a bad name,” Sen. Jacalyn Cilley, D-Barrington, told New Hampshire Business Review. “The buying of a home is most people’s largest investment, and they need to make sure the person inspecting it is qualified.”

The bill passed on a voice vote without debate, with accolades for Senate Minority Leader Sen. Robert Clegg, R-Hudson, for his support. Sen. Joe Kenney, R-Union, was the only senator to voice a no vote. He cited concerns from the New Hampshire Chapter of the National Association of Certified Home Inspectors that the testing was not appropriate, that current inspectors weren’t grandfathered into the legislation, and had concerns about a reciprocity clause.

Kenney told New Hampshire Business Review that he favored some sort of licensing, but was concerned that it would enable Massachusetts inspectors to take away New Hampshire work, as well as drive up the price of buying a home.

“This is an unfriendly piece of business legislation if it benefits inspectors in another state and not our own,” said Kenney, who hoped that the bill would be looked at more critically when it gets to the House.

Meanwhile, among the other bills the Senate passed on to the House:

• Senate Bill 264, which would make it easier for those who prevail in small claims court to put a lien on a home. The ability to do so has varied by county. This bill clarifies the procedure and makes it uniform statewide, which supporters said should make it easier for some small businesses to get paid.
• SB 199, which would give a property tax break for those investing in federally subsidized affordable housing. The bill would require that the assessor take into account lower-income potential because of the requirements to rent to moderate- and low-income people. – BOB SANDERS/NEW HAMPSHIRE BUSINESS REVIEW

Thanks Roy,
Maybe the House will table the bill so that we can get the appropriate changes to the bill such as the testing and “grandfathering”
I feel that the bill is pretty leaniant toward the Inspectors.

Carla

If I know Frank, the lobbying efforts are already underway to convince the House to vote it down.

It is a bad bill that will help Massachusetts HIs, and hurt NH HIs.

We {The NH State Chapter of NACHI} are hard at work on trying to correct / amend the punitive measure of this bill {there are several}.

The reason that we do not post any information on the “non members” section of this BB is because SEVERAL ASHI members have told me that they use this BB to get their information on what our "position / stance " on any and all “NH Home Inspector legislation” that we are working on.

  • So we make an effort to keep our enemies in the dark.
  • **On the day of this vote at 4:18 A.M. I was trading E-Mails with a member of the New Hampshire House of Representatives…so yes…I am actively involved in this piece of legislation. **
    **Bye the way… at the request of Senator Joe Kenney this reporter Bob Sanders called me for an interview but I did not return his call until 8:30 this morning. **
    **The reporter told me that he had some copies of some of my E-Mails to our Senators and the he used some of that information for his article. **

Quote: Senator, Joe Kenney:
“This is an unfriendly piece of business legislation if it benefits inspectors in another state and not our own,” said Kenney, who hoped that the bill would be looked at more critically when it gets to the House. End Quote:

**This bill will be sent to the House of Representatives where it will be heard in the E.D. & A. Subcommittee. **

**Senator Kenney is correct. **
**There will be several hearings and it will either be amended or ruled I.T. L. {Inexpedient to Legislate} **