wash state legislation update

General Inspection Topics Legislation, Licensing, Ethics & Legal Issues
1

SB6434 and SB5644 are dead, SB6433 has been extensivly amended, still allows those without a license to be grand fathered until July 2010 and any proposed training must be in available in both east and west wash before approval. You should read the revised bill, I would advise you to write your legislators and oppose the bill.

Also tell your legislators to not add sales tax to home inspection services, it is rumored that they will do that in a budget bill and we then need to collect and remit to the State an additional 8-10% or more after they raise sales tax rates to balance the budget

2

Now that the state runs the home inspection profession, why would they not collect sales tax? They do for everything else they control, don’t they?

3

in Washington State to date “services” have not had to charge sales tax, the cost of course is passed onto the purchaser but is a pain in the backside to collect, track and remit to the State, if you include it in your fee then you pay State B&O on it as they charge off the gross income with no deductions.

4

Can you post the amended Bill?

5

Here is the link.

It is easier to give the link since government bills have all the lines numbered and they get screwed up during copy/paste.

This changes the grandfather date from September 1, 2009 to July 1, 2010. It does not change the requirements, just the date to apply. So it seems that some were too lazy to fill out an easy form, take the test and apply within the allotted 14 month period. :roll:

I wrote to the Senators on the Rules Committee where this Substitute Bill is under review. I asked if they were going to add an additional year onto the initial license for those that took the time and spent the money to follow the rules.

6

SSB6433 the revised insp bill will have a hearing at 8:00 on fri AM, if you can please show up link to info

http://apps.leg.wa.gov/billinfo/summary.aspx?year=2010&bill=6433

7

If inspectors provide a service and have to add sales tax, then landscapers, lawn cutters, accountants, hair dressers, et. al. should have to pay; all for one, one for all.

8

Just as an FYI…

Washington State does not have State Income Tax.

What they do have is Sales Tax on Labor/Services.

Has been this way for many years. It basically boils down to who pays the tax to the State, and when.

9

Yeah, lived in Renton and worked in Belevue Washington for a few months long ago. Just goes to show you how all laws, including home inspection laws, are different from state to state. It is hard for Nick to keep up with them all, and may be one reason he stays out until laws start. It is a sad day when lawmakers everywhere are looking to tax you for everything, when all they need to do is create jobs.

10

To the tune of $759 million](http://www.theolympian.com/localnewsfeed/story/1142116.html).

11

I notice “alcohol” is not on the list, again. Wonder why???

12

For those interested: here is the link to the Video of the hearing today.

The initial part is from 17:48 to 25.20 where the sponsoring Senators give their opinion.

The second part is for public comment from 1:34:27 to 1:47:27

http://www.tvw.org/media/MediaPlayer.cfm?evid=2010020135&TYPE=V&bhcp=1

13

“ASHI is all about education…” Hehe.

14

WOW Who was that loud WAPI guy that kept calling himself a boob?? =)

15

I find it hard to believe that some inspectors out there can be so disturbed by a few old men getting an extra year to get gradfathered in that they can show up to this hearing and say no way! How many could it be, maybe 10 people. It only took one to get the bill up for revising. Big deal. let them take the freakin test. It wont hurt my business. I dont think it will hurt the industry any either. If they are idiots and haven’t figured out they needed to take the test by last September there business will show it. I hate politics. I know an inspector that got grandfatered in and he had 38 inspections last year. If he thinks he still can do it, ( LET IT BE ) How is this guys 38 inspections a year gonna hurt anyone.

16

James,

Are you aware that some of those who’d missed the deadline and are pushing to avoid this schooling have taken the NHIE numerous times without passing it?

You ask your question - “How is this guys 38 inspections a year gonna hurt anyone?” as if it’s only home inspectors competing with this guy who should care. Well, first, I don’t know if the guy you’re referring to is one of those who’s frequently failed the test or is just someone who’d dragged his feet when it came to getting his/her requirements done, but, I agree, he’s not directly a factor in your business or mine from the standpoint of competition; however, he’s definitely a factor to those folks he’s inspecting homes for.

If an inspector couldn’t pass the test by the September 1st 2009 deadline, and is now still trying to pass the test by repeatedly taking it, and doesn’t want to go to school to learn what he or she needs to learn - the practice of how to properly inspect a home - what makes you think they’ll pass it by July 1st? More importantly, if you were buying a house and knew that the inspector couldn’t pass such a simple test and just kept re-taking it without getting any additional training, until finally lucking out and passing it, would you want to hire that inspector?

The law was passed to require inspectors to prove a basic level of competency; and, if they couldn’t prove that, to go back to school and get the training they needed to be able to provide that basic level of service.

The law doesn’t require the inspector to be a master of the profession or to have 10,000 inspections under the belt - only to prove that one is minimally competent - kind of the way your first driver’s test doesn’t expect you to be the absolute best driver on the road but ensures you at least have enough skills to make it from point A to point B without killing anyone if you follow the rules and are careful. That’s all this law is designed to do.

Make no mistake about it, James, every time you do an inspection you are assessing things that affect the lives and safety of those who are paying you to assess their prospective new home. Don’t you think that consumers have the right to have inspectors that are at least minimally competent when it comes to the health, welfare and safety of themselves and their families?

ONE TEAM - ONE FIGHT!!!

Mike O’Handley, LHI
Your Inspector #202
Kenmore, Washington
Wa. Lic. Inspector #202

17

I think it is all about fairness.

There were inspectors that followed the rules to get grandfathered. It is not fair to those 300+ inspectors.

There were inspectors that missed the deadline for whatever reason, but went out and paid for the classroom and field training. It is not fair to them.

It would be no different than telling everyone that went out and completed and paid for their training at great expense that they are changing the law because 3 or 4 people who want to be inspectors can’t afford the training. I think Jim is taking the training this week? How about a month after you finish paying for the training they change the law so you didn’t have to pay?

Then there is the guy that misses the deadline because he flunks the test 3 or 4 times. Well maybe he needs the training. Ya think?

You don’t change a law because 4 or 5 incompetent boobs, with their heads in the sand, can’t fill out a simple form and pass a test. :roll:

18

Does this vote in this video mean ssb6433 is passed and extending grandfather clause ??? starts at 01:26:06
http://www.tvw.org/media/mediaplayer.cfm?evid=2010021181&TYPE=V&CFID=5355754&CFTOKEN=17536646&bhcp=1

19

Hi James,

No, it doesn’t mean it has passed; it means that Commerce and Labor Committee has passed it out of committee with amendments with a ‘do pass’ recommendation. From there, it goes to the Rules Committee and from there either dies or goes to the house for a vote.

Section 2, the section that exempted those who took training to get licensed from having to garner any CEU’s until 2016 has been eliminated. They left intact the extension of the deadline and a requirement for the board to work with state educational institutions in Eastern Washington to try and get them to sponsor fundamentals courses on the other side of the mountains. If there are no fundamentals courses in place after one year, the board must report back to the Senate with an explanation of what is impeding the establishment of courses out there.

ONE TEAM - ONE FIGHT!!!

Mike O’Handley, LHI.
Your Inspector LLC.
Kenmore, Washington

20

This only means it passes out of the House Commerce and Labor Committee and on to the House Rules Committee. The House Rules Committee then has the option to put the bill on the floor calendar for a 2nd reading.

Many bills die in this Committee as they do not get pulled for a 2nd or 3rd reading. The House has until March 5th to pass this bill and send it back to the Senate. If they do not pass it by that date, it dies.

If the House passes the bill, it goes back to the Senate since it was amended. The Senate has until March 11th to pass the amended version or it dies.

The Governor then has 5 days (not counting Sundays) to sign the bill or veto all or part of it. If the Governor does not sign the bill, it can become law without a signature.

Since this bill has an "emergency " clause, it would go into effect immediately after the Governor signs it. It will be very interesting to see how many inspectors who were not aware of the original licensing laws or were unable to pass the test numerous times will take advantage of this new bill prior to July 1, 2010.