SB 1008 in NC.

General Inspection Topics Legislation, Licensing, Ethics & Legal Issues
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Subject: Urgent!! SB 1007 Amend Home Inspection Licensure Laws - Perdue couldn’t undermine the authority of… And neither can you!!

Email to: Members of the NORTH CAROLINA HOUSE OF REPRESENTATIVES Committee on Commerce, Small Business, and Entrepreneurship Governor Purdue, Speaker Hackney and interested members of the public and media.

Re: SB 1007 Amend Home Inspection Licensure Laws

By: George J. Gioiella - (joy-ella) Independent Investigative Journalist

SB 1007 is seriously flawed in its origin in that it completely bypasses the duly legislated and appointed, (by the NC Assembly and Governor), North Carolina Home Inspector Licensure Board. I am not an attorney but after reviewing the outcome of the recent litigation regarding Governor Purdue attempting to circumvent the law; “A Superior Court judge last Friday ruled that, without a constitutional amendment, Perdue couldn’t undermine the authority of Superintendent of Public Instruction June Atkinson by assigning oversight of the state’s schools to Harrison.” Does SB1007 undermine the authority of the North Carolina Home Inspector Licensure Board?

Chapter 143, Article 9F

North Carolina Home Inspector Licensure Board

§ 143-151.43. Short title.

This Article is the Home Inspector Licensure Act and may be cited by that name.

§ 143-151.49. Powers and responsibilities of Board.

(a) General. - The Board has the power to do all of the following:

(1) Determine the qualifications and fitness of applicants for a new or renewed license.

(2) Adopt and publish a code of ethics and standard of practice for persons licensed under this Article.

(3) Issue, renew, deny, revoke, and suspend licenses under this Article.

(4) Conduct investigations, subpoena individuals and records, and do all other things necessary and proper to discipline persons licensed under this Article and to enforce this Article.

(5) Employ professional, clerical, investigative, or special personnel necessary to carry out the provisions of this Article.

(6) Purchase or rent office space, equipment, and supplies necessary to carry out the provisions of this Article.

(7) Adopt a seal by which it shall authenticate its proceedings, official records, and licenses.

(8) Conduct administrative hearings in accordance with Article 3A of Chapter 150B of the General Statutes.

(9) Establish fees as allowed by this Article.

(10) Publish and make available upon request the licensure standards prescribed under this Article and all rules adopted by the Board.

(11) Request and receive the assistance of State educational institutions or other State agencies.

(12) Establish continuing education requirements for persons licensed under this Article.

(13) Adopt rules necessary to implement this Article.

(b) Exam. - In developing a licensing examination to determine the knowledge of an applicant, the Board must emphasize knowledge gained through experience.

The Board has the legislated powers elaborated above, yet Senator Hoyle; the official shill for the realtors, realtor and home builder corporate special interests, Rick Zechini, Mike Carpenter and bankrupt rogue home inspector organizations, NC ASHI’s Bruce Rudd and NCLHIA’s Fred Herndon can ignore the rule of, and existing law to promote their agenda? Rick ‘The Tower of Jelly’’ Zechini is an attorney and he ought to know that what he is selling is damaged goods. Let’s not forget NC DOI Commissioner Goodwin selling out his own Board. That ethics investigation ought to be extremely interesting.

It seems to me that we have a situation not unlike the recent Perdue debacle and SB1007 will end up in court. Please know that this journalist with the power of the Internet and cooperation of the larger media will do all in his power to stop SB1007. Knowing NC politicians’ aversion to cameras in their face, rest assured you will face many in the coming weeks. It’s about accountability and transparency in government. Regrettably, SB1007 is extremely transparent and relies, not on the greater good of the public, but on raw outdated special interest political power for its impetus.

A look at Senator Hoyle’s recent interview on WBTV News begs for him to provide supporting evidence for his statements. For the most part litigation comes about because societal expectations have not been met. The primary contact in the real estate transaction is the realtor; they establish expectations. The home inspector comes later in the process. Arguably realtor injudiciousness is usually the primary problem and home inspectors bring this to light in their report writing. Taking into account North Carolina’s ‘Joint and several liability’, of course the realtors want home inspectors to pay for their shenanigans and they want to control the inspection process, ‘facilitate the sale’ as all of the shills for Allen Tate Company have been promoting for years.

As for Senator Hoyle’s comment that home inspectors need education, the general contractors have none before or after they obtain their license. Is there a little Pinocchio in the good Senator Hoyle? Does he have any idea what SB1007 is about or does he just rubber stamp realtor special interests? Do any of you really understand the implications of supporting SB1007? Or are you all in the pockets of special interests? Whom do you politicians represent, the corporate special interests or the good people of North Carolina? There is only one acceptable resolution to SB1007 - it needs to die, now, today! If not, I firmly believe the embarrassment and damage to the politicos involved will be costly.

For more information and background:

http://www.guardresinc.com/files/eletter/george_j.htm

PSI: Questions surround home inspection bill - WBTV 3 News, Weather, Sports, and Traffic for Charlotte, NC-

Thank you for your time and attention,

George J. Gioiella – (joy-ella)

Independent Investigative Journalist

919-760-5587

Special Cc:

North Carolina Institute for Constitutional Law

http://www.ncicl.org/

John Locke Foundation

North Carolina Coalition for Lobbying and Government

http://www.nclobbyreform.org/

John W. Pope Civitas Institute

http://www.jwpcivitasinstitute.org/

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Here’s a TV news story about it.

http://www.wbtv.com/global/video/flash/popupplayer.asp?ClipID1=3959092&h1=PSI%3A%20Questions%20surround%20home%20inspection%20bill&vt1=v&at1=News&d1=218200&LaunchPageAdTag=News&activePane=info&rnd=75242872

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We need George J. Gioiella in Missouri and Kansas.

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You can tell from the live interview with Senator Hoyle that he did not understand the entire Bill. He only commented on the need for more education and sidestepped the issue about the fact that the bill would cause even softer inspection reports.

The people behind the bill are slick, they sneaked in other items that they knew would get overlooked.

If this bill passes, the lawsuits will increase against the realtor friendly inspectors as the good ones come behind them later and disclose the overlooked issues.

They may limit what goes in the report summary but they can never limit what you tell the client or put in bold print just below the summary.

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Shades to come of what we are in for in fl. I guess. Our licensure laws go into effect in july 2010. The licensing is through the DBPR (department of buisiness and proffessinal regulation) the bill was signed into law in july of 2007, the bill requires that inspectors have a minimum of 120 hours of education and pass a standardized exam. When the bill was passed there was no urgency to aquire a set of classes and exam requirements as there was three years until these standards had to be met. Two years later there is no approved course, no one approved to teach one and no test to take. No urgency, we still have 10 months left. Politicians you can’t live with em and you can’t shoot em.

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Did anyone take the time to mention the NCLHI Association position and why they parternered with the realtor association? What was the ASHI position. What was the home builder association position, and what was the NCHIB position. It was clear in the news clip the sponsor has an axe to grind.
I for one do not understand the need for an additional 40+ hrs of continuing ED, and all of the other requirements being added to the list of requirements, after a licensed has been granted.
The real issue is this, sometimes reports interrupt a real estate deal. A good number of times, clients fail to read the report. An everytime, the board issues guidance on how the reports are to be written, it makes things harder for all.
This profession proves to be a thankless job. When you do what you are hired to do and you find significant issues, the client loves you but the agent wants your head on a spit. If you do your job and you don’t find a significant issue, the client feels he paid for something frivolus and the agent shrugs their shoulders.
Currently, there seems to be a real push by the agent association to find a way to pass the liability onto someone other than themselves.
IF this bill passes there will be something similiar to what apprasier’s are faced with. Satisfy their mortage companies need or do what they were hired to do and loose business because the appraisal failed to satisfy the mortage.
The real issue seems to be a commission based sales force verses a licensed individuals providing services for a fee. And how each does their job and who’s interests are represented.
Big money and big issues. If this continues then the little guy will be pushed out and the big guys will take over.

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I have swapped a few emails with someone on the board previously, they see things we do not. There are reasons for adding more education but everyone has to suffer due to the actions of some.

For example, they get a complaint against an inspector with 10-20 years exp and find out that he never followed the sop, can barely inspect a house and can’t write a report.
Look at the disclipine records, note the small license numbers on many of these, these guy’s have been taking peoples money for decades.

They also see the newbie or paranoid inspector that calls for an engineer over a simple crack.

As far as the summary issues and what gets reported, its simple, just let us report what we need to and develop a guideline for buyers, agents and sellers to determine what is considered typical and what is not. They could have cranked this out a few years ago instead of wasting all this energy and time fighting. All it takes is a good group of inspectors to decide how to classify common issues and produce a guideline.

For example, Should the seller have to fix some minor rot at the bottom of door jambs on a 15 yr house? Heck no, it was there for the buyer to see already. Should this be reported? Heck yes, unless you want to pay for it later!

This is not rocket science folks.

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Dig just an inch into the manure and you will find an educational provider making the push for the additional education.

The real solution is, when identified, the offender is required to get the additional education in the area of his weakness. The carpetbagger’s solution is to fill his classrooms with every inspector when he can find…and exploit…one offender.

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One bad apple will always spoil the whole bunch. It is always that one doctor that screws up that will allow the insurance policies of all of the other doctors to increase. The same is happening in this industry. It is just that the carpetbaggers want to capitalize, and the states are listening. It will only result in softer reports, regulated by home inspection boards with RE agents and attorneys; the consumer will lose. This has been said many times. It is time for action. Who steps up, will be the one that these boards will look up to. Who will it be?

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If this type of complaint was against a realtor, appraiser, etc AND found valid by their board - the offending party might: pay a fine; take extra CE in the areas found wanting or in their SoP; or if REAL serious get a license suspension for 30 days, etc.

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I thought office brokers where the ones who watched RE agents in their offices. Why are they there? Perhaps they could be the watchdogs for agents, lenders, and inspectors. I wonder why laws are implemented when there is no way they can be enforced. Just look at the Department of Agriculture in Kansas with the enforcement of termite inspectors. They cannot do it with one person. The only way to police them is for the RE to ask for documentation of the termite inspectors’ registration. Most I have heard of lately are fake, and some only have the number of the company; individual termite inspectors may not have a valid number. RE should ask for this number, and documentation; most do not. It may happen with the home inspectors, since they are allowed to have “apprentices” perfrom the inspection, and the company, or head inspector, sign off on the forms. By the way, in Kansas, are we going to be certified, licensed, or registered? Kansas laws are specific on these terms.

Sorry. Off topic, again. It is just so frustrating that lawmakers who know nothing about home inspections are implementing laws that are affecting us and home buyers, and have no clue to what they are doing.

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There are so many problems in NC…be it the corruption by former Gov. (Sl)easly or closer to home all 3 of the boards involved; GC, HI and RE.

I have said for a long time that the GC board has created most of this mess by giving out GC licenses to anyone who wants one. RE board has reacted as a result of the negative consequences of those who have gotten into the HI business and simply are stupid. I am not defending the RE board by any account yet the problem just didn’t all of a sudden happen…its been going on for a long time.

The politicians are simply pandering to the strongest lobbying group which is not any HI organization.

HB1007 is bad news all around.
It suspect that at least 1/3 (if not more) would leave the field…from what I have heard many have not renewed their license or simply have it inactive.

OBTW, I think its called SB1007…not 1008 (thats antler deer tags) :slight_smile: