[size=2]From what I understand the state made notification to every real estate office. Probably something NACHI doesn’t need to do. Interestingly enough as of 7-11-06 only 17% of inspectors listed on a search of “Find an Inspector” for Johnson City were licensed…
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IT would not hurt for nachi to email the agents. Just a little reminder to them.
The SOP and EOE of NACHI requires that all inspectors follow the state regulations to be a member of NACHI.
I would at least give it till the end of the month before I would worry about the inspectors without a license. I did not get mine until the 7th, but it went into effect on 5/30/06.
I just recently had a conversation with an agent asking about the granfathering, he was told by an inspector that he had until December 28th to get his license through grandfathering. Rather get into a he said type match, I printed off the web page with Carol Kennedy’s phone number on it and advised the agent to call and get the information directly from her. The agent did and that removed all doubt. My wife is an agent, and she was accused of using this as a ploy to funnel more buisness my way from other agents in her office. She is trying to set up a phone conference with Carol Kennedy at the office sales meeting this week to get the correct information out. From what my wife found out while talking with Carol Kennedy, is we as licensed inspectors are suppose to show our license card to all potential clients.
STATE OF TENNESSEE
DEPARTMENT OF COMMERCE AND INSURANCE
DIVISION OF REGULATORY BOARDS
Home Inspector Licensing Program
500 James Robertson Parkway, 2 nd Floor
Nashville, TN 37243
(615) 253-1743
FAX: 615-741-6470
www.state.tn.us/commerce/boards/hic/index.html
FILING A COMPLAINT WITH THE HOME INSPECTOR LICENSING PROGRAM
Complaints may be filed with the Tennessee Home Inspector Licensing Program against home inspectors for inspections performed on or after July 1, 2006.
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
You will need Adobe 6.0 or higher in order to access and complete this form on-line.
Following is the complaint form used by the Department of Commerce and Insurance, Division of Regulatory Boards. Click on the field, type in your information, and when complete, print the form and then mail or fax to the address or fax number at the top of this page.
The Home Inspector Licensing Program was created to enforce the law and rules governing home inspectors. To protect the public health, safety, and welfare of the citizens of Tennessee, licensees who fail to follow the laws and rules of this industry are subject to disciplinary action.
The Commissioner of the Department of Commerce and Insurance, who has authority to enforce the laws and rules of this Program, cannot recover or order the refund of any money or property to which you may be entitled. You must initiate a civil lawsuit for this purpose and hire your own legal counsel, if necessary. In certain instances, a judge can revoke or suspend the license of the person against whom you are complaining. (the respondent)
In some cases, the Commissioner may assess a civil penalty against a licensee for any violation of a statute, rule, or order issued from the Department on behalf of the Home Inspector Licensing Program.
Upon receiving your complaint, it will be reviewed to determine if there is a possibility of imminent danger to the health, safety and welfare of the public. If there is, then this complaint will be forwarded immediately to this Program’s legal counsel. If not, then a copy of this complaint will be sent by certified mail to the respondent asking for his or her response to be in our office within ten (10) days of receipt. The complaint and the response will be forwarded to the Programs legal counsel for review. If additional information is required, an investigation may be initiated. Upon receipt of all pertinent complaint information, legal counsel will present the findings to the Program’s convening authority to determine the appropriate action. You will be notified of the decision.
If the convening authority conducts a formal hearing in the matter, you may be subpoenaed to testify.
2/28/06
Found this on the state web site.
David- Where did you see this update? I couldn’t find it.
Thanks John
Got it…
Has anyone talked/emailed/posted NACHI about listing NACHI inspectors that are NOT licensed??
It would seem fair to me that if the inspector is not licensed by now, and someone reports to NACHI this issue, that the inspector should be removed from the search.
I was looking at that this morning!
I was checking/updating my stats. I did a Brentwood Inspector search and came up with 40 Inspectors. Less than 1/3 are licenced as of this morning!
There was a post about this a few weeks ago. Didn’t seem to go anywhere.
I am going to direct a question to Nick about this subject. I will get back to you when I have an answer.
Any word from the “Top”? I looked this morning, still less than half of the inspectors listed in the Johnson City are licensed. I know NACHI isn’t here to enforce Tennessee regulations. I thought that part of membership and the privileges that it provides requires that members comply to local laws and regulations. Part of that privilege of membership is being listed in “Find an Inspector”.
Hopefully, by now, William will have an answer from Nick.
John,
We got a non-answer from Nick. It doesn’t appear that he will be proactive in this. His approach is the ethical standpoint. That the ethics mandates the members to act within the legal boundries of their state, etc.
Bill
John, if you know of inspections that are happening without a license, report it. There is a complaint form on the states website.
http://www.nachi.org/forum/showthread.php?t=7541
Check this out!
David, I think you are mistaken.
Per Chapter 65 http://www.state.tn.us/commerce/boards/hic/pdf/faq.pdf one is only violating the law if one continues to perform home inspections without completing an application for licensure. One does not have to have received the actual license as the commissioner has until December 28, 2006 to issue.
Nick,
Please excuse me for jumping in here. The information one phone call will provide can set it straight, interpertation is clear.
http://www.state.tn.us/commerce/common/images/addresses/HomeInspector.jpg
John
I never rely on what someone says on the phone, as in law, the written word trumps what someone says over the phone. (see changes to Granfathering 06/02/06 page 2 of http://www.state.tn.us/commerce/boards/hic/pdf/faq.pdf )
There is a reply on this site from the Commissioner herself, in writing, stating you are not allowed to engage in inspection, advertising or other manner of conducting HI Business without a licence “IN YOUR POCKET”. We are supposed to carry the small licence provided from the state on our person when conducting business.
The way I read the law, is that the state can issue a licence under the grandfathering section until Dec 06. After that, no grandfathering will be allowed and you must go to school, no matter how many years you used to be an inspector. This is to allow Inspectors that may not be active, to get active before time runs out in Dec.
If you would like this in writing, the Commissioner will reply by email, usually the same day, to any inquirery you may have. She responded to several of us the same day, even up to the zero hour of 1 July 06 which was undoubtedly a hectic day at her office.
If there are Inspectors on the above list that are not licenced and they change their minds before Dec 06, they can activate their status then. Until then, I see not reason for a client to have to call 9 HI’s to get 3 to choose from.
I am not attempting enforcement of the State Law through your site, just provide good service to the home buyer using the site. We will take care of active unlicensed Inspectors at the State level. Filing a complaint is just an email away.
Nick,
Through your interpertation of this document would agree or disagree with this statement? Any person performing duties as a home inspector today in the state of Tenneesee must be licensed.
John
David, I received the same email. My understanding is they can also perform the inspection if “pending” is outside of their name on the state web site. She also said the name must be listed on the state website search. If not, it is illegal and possible 1,000.00 fine.