November, 2004
Legislative News
Inspection News and Views from the American Society of Home Inspectors



ASHI Attends ARELLO Conference

BOB KOCIOLEK

ASHI’s representatives were invited to the annual conference of the Association of ARELLO-Conference.gifReal Estate Licensed Official (ARELLO) as panel participants speaking on “Licensing/Regulation Issues: Federal Regulation, Education, Examination, Reciprocity and Other Topics,” and as home inspector roundtable participants.
Marvin Goldstein and Bob Kociolek attended as representatives of ASHI’s Legislative Committee. Kociolek served on the panel, and he and Goldstein participated in the home inspector roundtables, along with Pennsylvania ASHI Members Jack Milne, Malcolm Whipkey and Brendan Ryan. (Photo: Left to right: Curtis Niles, PHIC; Brendan Ryan, PHIC & PRO-ASHI; Jack Milne, PHIC & Tri State ASHI; Bob Kolciolek, ASHI director of chapter development & state affairs; Marvin Goldstein, ASHI Legislative Committee & Tri State ASHI; and Malcolm Whipkey, PHIC & PRO-ASHI.)

ARELLO views inspector regulation as an important and inevitable trend for consumer protection. Attending for the third year, ASHI’s representatives have impressed ARELLO officials with the integrity and independence of the Society’s membership. ASHI’s Standards of Practice and Code of Ethics are held in high regard by licensing officials. The Society continues to participate in ARELLO meetings, building important relationships with these officials.

Updates on Key Bills Making Their Way Through Sessions

New York  A00076 As reported earlier, A00076 establishes requirements and criteria for the licensing of persons engaged in performing structural inspection of residential real property. It provides for licensing and regulation of inspectors and provides for the establishment of a state home inspection advisory committee within the state real estate board. It also would enact the “Home Inspection Professional Licensing Act,” which permits architects, professional engineers and certified code enforcement officers to perform home inspections without the license.

On August 11, A00076 was given its third reading and was passed by the Senate. The bill was sent to the gGovernor for his consideration. A00076 became law in New York as the governor failed to act upon it in 10 days as required by the state constitution. According to the office of the bill’s author, another bill will be introduced this session or early next session to make “technical changes” to A0007. The changes already have the agreement of the governor and Assembly and Senate leaders. We have not yet seen a draft of this bill.

Michigan HB 6187 was introduced by Rep. Daniels on September 9, 2004, and referred to the House Committee on Regulatory Reform. HB 6187 defines home inspection and home inspection services. The bill creates a Home Inspectors Board and states that an individual cannot perform home inspection services without a license. The license qualification and education standards, as well as the exams, of the National Association of Home Inspectors are adopted by reference in the legislation, but the Board can determine whether applicants not affiliated with the NAHI meet the same standards. ASHI’s position is that a statute should not name either an organization or an examination; rather, this should be left to the regulatory body. The exam adopted in regulation should be a high-stakes exam, psychometrically valid, developed and administered in a manner consistent with the American Educational Research Association’s “Standards for Educational and Psychological Testing” and other applicable standards.

HB 6187 requires a home inspector to furnish a “disclosure statement” and outlines criteria for the statement. The bill also outlines contract provisions that a home inspector is required to provide.  If passed by the House and Senate, the bill would go into effect on July 1, 2005.