NY repeals anti-slavery laws for home inspectors

Originally Posted By: gromicko
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Nick Gromicko


Founder


dues=79cents/day.


I much prefer email to private messages.

Originally Posted By: jbushart
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New York Licensure (Chapter 461 of the Laws of 2004) The “Home Inspector Professional Licensing Act” takes effect December 31, 2005 and requires that all home inspectors obtain a license.


Home inspectors will be licensed for two years and must pay an initial fee of $250.00 and renewal fees of $100.00 thereafter. The basic provisions of the law include requirements for obtaining a license, including classroom education and on site inspection training, confirmation of an appropriate knowledge base via testing, the development of a required standard of practice and code of ethics, continuing education requirements for license renewal, and a duty of care of all license holders to the client. There are two routes to obtaining a license. An applicant must complete 140 hours of approved training, including 40 hours of unpaid inspection experience under the direct supervision of a licensed inspector, or have 100 hours of paid or unpaid inspection experience under the direct supervision of a licensed inspector. The applicant must also pass an approved written exam. Additionally, there are grandfathering provisions in the law that recognize the value of prior experience. To receive a license under this provision, an inspector must have inspected at least 100 homes within the last two years and pass an approved exam (currently believed to be the National Home Inspector Exam, www.homeinspectionexam.org), or have inspected at least 250 homes for compensation and have been a practicing inspector for at least three years, prior to the enforcement of this law.



I think the previous poster is under the wrong assumption that he must go to school AND have 100 hours of direct supervision. This is not correct.


--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

Originally Posted By: mwinkelholz
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If he does not meet grandfather requirements he must go to school, work 40 hours under a licensed home inspector and perform 100 home inspections within 2 years


Originally Posted By: jbushart
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have 100 hours of paid or unpaid inspection experience under the direct supervision of a licensed inspector.



Home Inspection Services of Missouri


www.missourihomeinspection.com


"We're NACHI. Get over it."

www.monachi.org

Originally Posted By: lungar
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Guy"s there are no licenced home inspectors in NEW YORK so how do you get supervised???


Answer that???


Originally Posted By: jbushart
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lungar wrote:
Guy"s there are no licenced home inspectors in NEW YORK so how do you get supervised??????????????????????????????????????????????????
Answer that?????????????????????????????


These requirements do not come into effect until after 12/31/05, at which time a license will be required to inspect a home, and persons wishing to train will have licensed inspectors to assist them.

Procedures to apply and obtain licenses should be in place within sufficient time to have people licensed by 1/1/06. If there is a delay in that, there will more than likely be an extension to the implementation date.

Joe F., are things on track to have the infra-structure working in time?


--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

Originally Posted By: lewens
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James


You said


“or have 100 hours of paid or unpaid inspection experience under the direct supervision of a licensed inspector.”


The question was if there are no licensed inspectors in NY how do you fullfill this requirement.
Larry


--
Just my usual 12.5 cents

From The Great White North Eh?
NACHI-CAN
www.aciss-brant.com
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Originally Posted By: jbushart
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lewens wrote:
James
You said
"or have 100 hours of paid or unpaid inspection experience under the direct supervision of a licensed inspector."

The question was if there are no licensed inspectors in NY how do you fullfill this requirement.
Larry


Larry,

The requirement will begin to be filled after there are licensed inspectors, on 1/1/06. It cannot happen before 1/1/06, because there will be no licensed inspectors until then.

The first group of licensed inspectors will be those who are grandfathered. There are two routes to grandfathering - one which requires a test and one which requires 250 inspections and three years in business.


--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

Originally Posted By: jbushart
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A new inspector wishing to get a head start on the process may wish to hook up with a NY inspector who is certain to be grandfathered and start his 100 hours of “inspection experience”, today.



Home Inspection Services of Missouri


www.missourihomeinspection.com


"We're NACHI. Get over it."

www.monachi.org

Originally Posted By: lungar
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Larry;


I’m glad that you understood my question?


Originally Posted By: bmerrell
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In the event a person does not obtain all their experience before 1-1-06, they will be treated as a new inspector, unless the state allows some credit. That does not appear likely. It would then require the Inspector to take the required 100 hours of APPROVED education, perform 40 UNPAID inspections under someone’s direct supervision (probably a newly licensed inspector or an engineer), pass a new exam and then be granted a license. This could cause an individual to be stopped from working until he/she meets these new guidelines.


Len, at the September meetings these items should be discussed at both meetings. I can't see a person be out of work because of a law in which the application is still not yet available.

To see what's up in new York, e-mail Len Ungar at allaround@optonline.net or go tot the Long island Chapter web site at www.linachi.org for further information

Wishing all NACHI members in this situation all the best. networking and keeping track of each and every inspection you performed will be the key to qualifying with the state. I hope everyone who wants to be grandfathered has the opportunity to get there before 1-1-06. Current NACHI members have rights! New Yorkers have a right to earn a living!


Originally Posted By: jfarsetta
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There is no mystery to licensing in NY. Had Dan Osborne and I been unsuccessfol some months back, we would have likely had an entirely different legislative package passed.


The author of the initial "anti-slavery" article is mis-informed. He needn't be, as the verbiage of the law is quite clear, and is also quite liberal.

First of all, the bill balances an "advisory" council to 3 inspectors, ans 3 non-inspectors. The powers of the advisory council are advisory only. It has no special powers. This in and of itself, helps to cut down on some of the shenanigans that sometimes accompanies licensing acts.

Second point is grandfathering. Two years in business and 100 inspections, then take an exam. Bingo... get a license. 3 years in business and 250 inspections and bingo, get a license. Any other and here's the path...

EITHER work for an inspector for 100 inspections and pass an exam, OR go to school (which must include 40 additional hours of inspections as a part of the school) and pass a test, OR go to a 100 hour school and turn down their 40 inspection hours and work under someone to the 40 hours, taks a test and get a license.

There are more options to licensure in NYs bill than almost any other lisencing bill in the US. To criticize the legislature or the DOS is short-sighted, unnessessary, unfair, and unwarrented.

I have never been a fan of licensure. BUT, if you're going to have a licensing bill, then this is the one to have, with NY's DOS folks at the helm.

Everyone was, and is, trying their best to avoid the old-boy's-network of licensure, avoiding a similar debacle to that of NJ, and trying to understand our industry. This includes ride-alongs with NACHI inspectorsd to understand what an inspection is, and what it isht. It also includes the development of an exam which teaches minimum competancy in our profession. Not NACHI, NAHI, or EBPHI.

The problem here is the spread of misinformation. No one needs to go to an meeting to understand the law. I have just spelled it out. If you have just entered the business and get 100 inspections by year end, you will likely be required to take the training courses, once schools are approved,. The educational requirements are all but complete, and waiting for publication.

NY inspectors will be required to provide a log of 250 inspections, in the same general format (pretty much) as the appraiser's log currently in use. Two levels of grandfathering: 100 inspections and 250.

Dan Osborne and I are the point people for licensing issues here in NY. Dan is the person who takes the DOS folks on ride alonge. He is also a member of NACHIs legislative committee. Those having questions should contact Dan or I.

Rob O'Connor is also providing information on licensure on the 15th in Long Island. As a PE, a code official, and adjunct professor at LIU, Rob can also help answer any questions on licensing and the relationship between the practice of Professional Engineering and Home Inspections, as defined under the laws of NY. This law was also develpoped with counsel and approval of the NY State Society of Professional Engineers.

Its not a perfect law, but its a fair one.


--
Joe Farsetta

Illigitimi Non Carborundum
"Dont let the bastards grind you down..."

Originally Posted By: jbushart
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after it has already been signed into law.



Home Inspection Services of Missouri


www.missourihomeinspection.com


"We're NACHI. Get over it."

www.monachi.org

Originally Posted By: rbliven
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Since turning professional in the last few months, you have a much different view of your situation then someone who has the years and number of inspections under their belt. I did not know about New York’s Licensing law until after turning professional. The law allows grandfathering on the basis of inspections, but this requirement overlooks the unqualifed home inspector. All inspectors in New York State should be licensed on the basis of passing the New York State test not inspections.


To date, I offered to do 14 free home inspections, and only two people took me up on my offer. If I can't give away inspections, there is no way for me to reach 100 inspections by 12/31/05. I have a web site, business cards, brochures, and mailing list. It takes time to build a new business. Why would one of my inspector competitors want to help me to take his business away from him? It's in his best interest to make sure I never become a licensed home inspector. Would any of you really like to share your business and work for less? Licensing should be based on test scores only.

I never touch on what a female home inspect might have to do to get her 100 inspection. New York's law is nothing more than a return to slavery.


Originally Posted By: jbushart
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Quote:
EITHER work for an inspector for 100 inspections and pass an exam, OR go to school (which must include 40 additional hours of inspections as a part of the school) and pass a test, OR go to a 100 hour school and turn down their 40 inspection hours and work under someone to the 40 hours, taks a test and get a license.



--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

Originally Posted By: jbushart
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dharris wrote:
Quote:
NACHI's high 25% sample to population percentage and 100% sample to population percentage of its 4 required mock inspections (the first 4, most likely to veer from SOP) is the way to go if FABI wants to "RAISE the bar."

If FABI has truly lowered the percentage of reports they review, I strongly recommend that you re-title this thread: "FABI LOWERS the bar" because that is what they have done.


Nick! Your holyier than anybody else crap is getting old.
Straight forward Question. The 4 inspection report verification and all the other non verified crap you claim members must fulfill, is this required Before you market me or any other new inspector as a NACHI certified inspector on your find an inspector site or are these requirements only required to be considered a Full NACHI member?


Wrong thread, harris. Your quote from Nick came from a thread other than this one. The topic here is New York HI law.


--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

Originally Posted By: rbliven
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To me, it seem ridiculous to spend $4,000 (education and expences) to sit in a class room for 2 or 3 weeks just to earn a piece of paper, so I can take a test. Let me take the test.


I have years of non-professional inspection experience, years of construction experience, 3 college degrees, and individual classroom instruction in Home Wiring, Surveying, and Heavy Equipment Operation. Took NACHI's On-line Inspection Course, and working on the roofing course. This doesn't cover the books that I read on the subject.

I see a nightmare coming with this new law. When you look at this law from the worst case instead of the other way around, you will see my point of view. In my limited experience, I encounted more dishonest inspectors and inspection companies then honest ones.

Everyone in New York State should only be required to pass a test to earn their license.


Originally Posted By: jbushart
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Robert,


I understand your position but I'm afraid that you will be hard pressed to find anyone here that would do anything other than to encourage you to comply with the law in your state. It looks like you will have a couple of weeks to decide upon which option to take to become licensed. Hopefully, there will be some guidelines published, soon, that will help you to make a decision.


--
Home Inspection Services of Missouri
www.missourihomeinspection.com

"We're NACHI. Get over it."

www.monachi.org

Originally Posted By: jfarsetta
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Robert, In actuality one may qualify for an exception under the new law. This was one of the taling points Dan Osborne and I raised while meeting with Assemblywoman John’s staff, who crafter this bill, sometime last year.


The DOS is a compassionate bunch of folks. Very nice, I may add.

They are takng all of this into consideration. It was also the readon that Gov Pataki decided to balance the Board with 3 inspectors and 3 non-inspectors. He also made the Board "advisory" only, and reporting to the Sectetary of State.

Dont count yourself out.


--
Joe Farsetta

Illigitimi Non Carborundum
"Dont let the bastards grind you down..."

Originally Posted By: rbliven
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With only 112 days left before we must become licensed. Does anyone really know how to apply for their New York license? Whom do we contact for a New York application? Can that department process thousands of applications before 12/31/05?


I will attend classes if I must, but I don't have to like it. I still see a nightmare coming because no one seems to have all of the answers.