Pennsylvania

Originally Posted By: jremas
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Since there is not a subject for PA, I thought I would start one. As far as I know, there is nothing pending in PA either new or amendments. If anyone knows any different please share.


The only item that may warrant attention was a recent news story from a consumer reporter on a local station talking about the lack of enforcement with home inspectors. The guy they used to talk to is a great guy but is very PRO licensing in PA. He has ties to the attorney general's office and was recently hired by them to inspect a newly constructed home that had defects from the shoddy contractor. We may want to keep an ear to the ground on this one. I really don't know how I feel about licensing, I think the contractors are more of a worry than us.


--


Jeff Remas
REMAS Inspections, Inc.
Northeastern PA & the Poconos
www.NEPAinspector.com

570-362-1598

Originally Posted By: jmyers
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Jeff,


The PHIC wants to add a licensing requirement to the current legislation. Guess who they want in charge of the licensing? If you guessed the members of the PHIC you are correct.

When I heard this I actually wrote Jack Milne from the PHIC. Jack wrote me back to inform me that inspectors are performing inspections illegally here in PA. (I simply stated he should be reporting them to the proper authority). His reply was mostly centered around the fact the new ASHI members (candidates) are only performing the required 100 inspections under the supervision of their current full membership, then going out on their own. As you may know ASHI requires 250 inspections to become a full member. Jack contacted the Attorney General to report these inspectors for breaking the law. The Attorney General would not prosecute since according to PA law they only need 100 fee paid inspections to be considered a full member of a national association. The Attorney General is looking at this as an ASHI problem because they will not lower the standards to 100 inspections for our PA inspectors.

Being my usual self I informed Jack this is an ASHI problem and that is the way it should remain. It is totally unwarranted to involve the rest of our PA inspectors in this self serving interest. This is going to add nothing more than an unreasonable burden on our current inspectors to fix legislation that "is not broke". Do you agree?

I did inform Nick and to my knowledge he has not taken an official position on this issue yet. Looking forward I could not imagine Nick backing this or anything else with such self serving interests but that is just my guess.

Nick (drumroll) would you like to let us know what your position is on this issue?

Joe Myers


Originally Posted By: jhagarty
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icon_question.gif



Joseph Hagarty


HouseMaster / Main Line, PA
joseph.hagarty@housemaster.com
www.householdinspector.com

Phone: 610-399-9864
Fax : 610-399-9865

HouseMaster. Home inspections. Done right.

Originally Posted By: jremas
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Joe H, I emailed every single senator on that bill and asked them what it meant, what it does, who it benefits and why it is there.






Jeff Remas
REMAS Inspections, Inc.
Northeastern PA & the Poconos
www.NEPAinspector.com

570-362-1598

Originally Posted By: gbeaumont
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Hi guys, from what i read on this it only states that an inspector needs to be a member of a recognised trade organization, or be working under the supervision of an inspector who is. Or am I missing something icon_question.gif


regards


--
Gerry Beaumont
NACHI Education Committee
e-mail : education@nachi.org
NACHI phone 484-429-5466

Inspection Depot Education
gbeaumont@inspectiondepot.com

"Education is a journey, not a destination"

Originally Posted By: tpfleiderer
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I have a question icon_question.gif



On the Amending Title 68, that Joe supplied the link to, it states:


A home inspection performed by a person who has not attained full membership in a national home inspection association satisfies the requirements of this section if the person is:

(1) excluded under section 7503(b)(1) (relating to relationship to other laws) as a person described in section 7503(a)(1) or (4); or



(2) supervised by a full member in good standing of a


national home inspection association who agrees to be


responsible for the home inspection report by signing the


report.


In number 2 it states that if you have not become a full member that you have to have your reports signed by the full member that is taking responsibility! So, if we our still a working members of NACHI and are sending in our reports to NACHI, Does this mean that we have to wait for NACHI to sign the reports and send them back to us before we can give a copy to our customers?


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Tim

Originally Posted By: tpfleiderer
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Joe,


I went to PHIC's web site and looked at the "Penn. Home Inspector Compliance Statement" that they say should be used. Sense they have decided that they are the "PA Home inspector Police" where better to go for the answer ![icon_lol.gif](upload://zEgbBCXRskkCTwEux7Bi20ZySza.gif)

Their Statement states: "I have not yet attained full membership in a national home inspectors association, but will be supervised by a full member in good standing who agrees to be responsible for the home inspection report by signing the report, and that I will conduct a home inspection of the above property..."

It looks like all you need to do is have the person (or organization) that will be responsible sign a copy of the report and have it on file just in case the "PA Home Inspector Police" come after you

Just my interpretation!


--
Tim

Originally Posted By: Joe Kelly
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SB 427’s sole intent is to grandfather Engineers and architects, there is no other change implied, the law still stands as it always did. I (we) have been actively objecting to the bill since April, yes, before it was introduced. An engineering firm in Reading, who has been doing Home Inspections for years didn’t feel they should have to join any organization or follow the law. The main objection is that engineering is a specialty field and Home inspectiors are generalists. We met with the Senators involved and are trying to meet with the PSPE board. What standars will an engineer hold themselves to? If they are going to do Home Inspections, their license should be on the line.


You are starting to ask the right questions though. Gerry's question about "Supervision" has always been in the law. And Joe H states a full member must sign the report, always been there. And Timothy hits the nail square on the head, the client should not recieve the report until it has been signed by the supervising inspector willing to take responsibility.
Joe H, the questions I ask are all from the original ACT 114, nothing to be suspicious of, except maybe your affiliation, PHIC is against sb427, as we all should be, and had nothing to do with it's introduction. The PAR/PHIC compliance statement was a collaboration with PAR, and their attorney's to ensure it complied with the intent of the law, can you say the same of yours?


Originally Posted By: Nick Gromicko
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Here is an excerpt from a post I offered Joe Kelly on page 2 of a similar thread in the Membership section of this board.


"The PA law you reference is lengthy and could have easily included the words "a working member must be directly supervised by a full member who accompanies the working member to each home, each room, each component being inspected." But our officials who got elected (not you) wrote something quite different. We have 7 indications as to what they meant:

1. They did not use the word "directly", though could have.
2. They did not specifically require house by house or room by room or component by component supervision of working members, though could have defined level of supervision.
3. The logistics of full members hiring more than one working member helper would be impossible if they wrote it your way.
4. The economics of a new inspector getting into the business would be very prohibitive if they wrote it your way.
5. Full members signing working member's reports indicates that the working member is performing the entire inspection including writing his own report. How else would a full member sign a working member's report if the working member didn't write it?
6. There is no need for any working members if full members must be at every inspection, every room, every component and then sign the report on top of that. What would the need be for working members at all?
7. "Supervision" is already defined in other PA licensed professions. For instance, as an agent my broker supervises me but certainly does not come with me to every house or closing. I've only met him once in my career. "

Previous post is an excerpt from a previous post in a thread in the Membership section of this board.

Nick


Originally Posted By: jmyers
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Joe Kelly,


We appreciate that you came back to the NACHI BB to fill us in on the details of the proposed amendment to ACT 114. I do have one request while you are here, please leave the "I am better than you" bullsh** at home. While you are visiting us it is a safe assumption that we are all equals, as it should be.

Your knowledge, intellect and experience are always welcome...the arrogance and ignorance you can take elsewhere.

Thanks again.

Joe Myers


Originally Posted By: tpfleiderer
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Joe Kelly,


I also welcome your input, but for you to ask me to be suspicious of whom I make my affiliation is very much out of line. I research the "OTHER TWO" organization. Personally, I do not believe that they want any more home inspectors in this business or all they want are rich new inspectors, why else would they require their "full members" to charge such fees for ride alongs. These fees add up to thousands of dollars over the course of their "WORKING MEMBER" program.

No! I have found the correct affiliation and I am proud of it. It also looks like you have found it to, because it seems to me that you are a closet affiliate of NACHI, I see your name on this BB often enough. ![icon_redface.gif](upload://f7DX2EWhmUfsDapWaYT3oJHMCj1.gif)

Joe, I do not think that you will find a finer organization in the Home Inspection business, when it comes to new comers, then NACHI. The sooner you admit it to yourself and come out of the closet and official join NACHI, the sooner you will be truly happy


--
Tim

Originally Posted By: jfarsetta
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Joe Kelly, everytime you open your mouth, more venom spews. Problem is, no one is listening.


As to your point about "the PE or architect's license on the line"... it already is. In fact, it is on every architects design, resolution, or engineering report they file. They are the responsible party. This is why an architect has an official seal, as does a licensed PE. The seal designates that they are responsible. If a PE says a home is structurally sound, it had BETTER be. Their words carry far more weight than any inspector. Sorry to dissapoint you.

Now, I'm not insulting home inspectors, as I am one, and am not a PE or architect. I just cant understand why guys like you object to them being exempt from your ridiculous law. The laws which govern the practice of architecture or engineering make our legislation look like a joke. When a PE performs a home inspection, it is an engineering report. For him, the stakes are automatically higher, as he has special knowledge. Every time he uses the line "I'm a licensed PE" in his advertising or sales pitch, the understanding is that he's performing more than an average inspection. By default, if a PE performs a home inspection, he's automatically qualified to offer engineering recommendations or judgements, whereas WE cannot legally so. Funny, cause many PEs believe that home inspections are the unlicensed practice of professional engineering. Judging from the way some home inspectors think and act, I can almost believe them! They are required by law to carry E&O insurance in every state in the land. They always have. Unlike a bunch of inspectors who hate the notion of having to carry this insurance, it is the norm for these "other" professionals. So, while your buds up here in NY don't want E&O in their "model" bill, we once again show how many of us are not on par as far as mannerisms, common respect, and certainly not educational requirements, as the typical architect or PE.

As to already passed legislation... hey Joe, wake up... Just about every version of ASHI's bullsh*t model legislation which has been enacted, exempts architects and engineers from the licensing requirement, which in my opinion it should. The requirement for them to join some HI organization is laughable. While we discuss the merits or 3-tab roofing shingles, they perform load calculations in their heads. While we discuss the importance or gutters and downspouts extending 6' frm the home, they are qualified to calculate the proper deflection in a roof rafter, or perhaps evaluate the effectivness of an LVL which is cantilevered on a bouncy 2nd floor floating platform. Join one of OUR orgs as a requirement of membership into the HI inspection? The idea behind the requirement is to help ensure that members receiv the required number of CEUs, or perform under a full member. BY default, the average architect or PE is WAY past us. I know that this pisses on your parade. But I don't believe its right that you try and control a profession so far out of your league.

So, are you stating that inspectors are on-par with the educational and legal requirements associated with either of those two professions. Remember, we are the ones who referr the clients to consult a PE or Architect for significant structural problems. Think they cant handle a home inspection? Are we quantum physicists. Do we design rockets. We are generalists. Just because you are a specialist in one field, doesnt mean that you arent also a generalist. And speaking of pissing on your parade, your analogy is like saying that a urologist isnt also an internist, and cant be a general practicioner. Once again, your argument is without merit. No surprise there...

If you put the question to the general public, I'll bet that the MAJORITY of buyers would preferr inspections performed by licensed architects or engineers, to most home inspectors. Maybe this is the reason so many PEs detest us. Our smug attitude, as illustrated by PHICs position relative to this pending legislation, is unbelievable. Let's just hope that the tide never turns in that total direction, or a lot of HIs will be out of business. So, there you have it... You still don't get it. But then again, you don't understand a lot of things...

As to affilliations, and for the record, maybe its time that folks start questioning ASHIs and NAHIs affiliation with YOU. You give both of those orgs a bad name. Were you always this self-serving, jealous, and irrelevent?

IMHO, a good working relationship with a qualified PE is a really handy thing to have. Why piss them off?


Originally Posted By: wcampbell
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Joe Farsetta: Just to let you know, here in Texas, we are not “required” to carry E&O. While it is a good idea to have it, we have a “recovery fund” set up in the Texas Real Estate Commission for “certain agrieved persons”.


http://www.trec.state.tx.us/pdf/Cifform.pdf Will


--
This Ole House-Home Inspections
William A. Campbell TREC # 6372
Serving the Texas Coastal Bend
(361) 727-0602 (home)
(361) 727-0055 (office)
(361) 229-4103 (cell)

Originally Posted By: jfarsetta
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Bill,


EXACTLY my point. But, I'll bet that Architects and PEs are required to carry the E&O.

Joe F


Originally Posted By: jhagarty
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icon_question.gif



Joseph Hagarty


HouseMaster / Main Line, PA
joseph.hagarty@housemaster.com
www.householdinspector.com

Phone: 610-399-9864
Fax : 610-399-9865

HouseMaster. Home inspections. Done right.

Originally Posted By: jremas
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Did not see it Joe, what was his position and did he mention ASHI or NACHI? Wish I saw it…






Jeff Remas
REMAS Inspections, Inc.
Northeastern PA & the Poconos
www.NEPAinspector.com

570-362-1598

Originally Posted By: rshreve
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Hi I’m new to the inspections business and after reading all the posts I’m really confused. What is the law in Pa ?


Do I have to send in my reports to have them signed up until I have completed 100 fee payed inspections or do I need to have a full member with me ?


Originally Posted By: jhagarty
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Robert:


Here is the PA Law and Summary.

http://phic.info/SB1032P2140.pdf

http://phic.info/SB1032SUMMARY.PDF

In conjunction with this, review comments throughout the additional threads for this.

If you have a particular question, feel free to call me at my office. Evenings at 9 PM are generally best.


--
Joseph Hagarty

HouseMaster / Main Line, PA
joseph.hagarty@housemaster.com
www.householdinspector.com

Phone: 610-399-9864
Fax : 610-399-9865

HouseMaster. Home inspections. Done right.

Originally Posted By: rshreve
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Thanks Again Joe


The info you gave me was very useful .


Originally Posted By: Nick Gromicko
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http://www.nachi.org/faq.htm#EfP


Nick