Licensure Board Activity Report  

 

NCHILB Meeting Minutes  / August 20, 2004
Asheville, NC
NCLHIA Conference
 

 
Meeting was called to order by chairman Jeff Vaughn
 
All board members were in attendance.
 
DOI staff members, Andy Patron and Tammy Parker were in attendance.  Board attorney Brandon Truman and Sue Little of the Attorney General’s office were also in attendance.
 
Visitors include assorted NCLHIA members.
 
Agenda:
 
Chairman Vaughn discussed the agenda.  Vaughn welcomed the visitors.  Vaughn stated public comment would be allowed at the end of the meeting.
 
Vaughn welcomed David Jones as a new board member replacing Roger Pierce.
 
Minutes of Meetings:
 
Hamrick motioned to approve the minutes of the July board meeting.  Summer seconded the motion.  Liles stated the number of licensed home inspectors reported in the July minutes should be corrected to 1,127.  The motion passed without dissent.
 
Application Review Committee:
 
Wanda Edwards reported the committee had one application to review after the meeting today.
 
Examination Committee:
 
Wanda Edwards stated the committee met and identified some items to look at such as, a new exam, database of questions to make new exams and computer testing.  The committee plans to meet prior to the next board meeting.  Staff member Jennifer Ball has requested additional training in the operations of the scanner for the exams.
 
Continuing Education Committee:
 
Vaughn stated instructor orientation was held August 18, 2004.  Vaughn stated the 2004 Continuing Education Course Bluebooks, “Accuracy in Reporting-Structural, are at the printers.  Staff will mail books to each licensee.  The course was designed by Bonnie and Tom Gregory.  Bonnie Gregory will design course for 2007.
 
2006 CE course on the Summary Page, is now being designed by Edwin Weaver.
 
Finance Committee:
 
Canipe stated he was the new chair of the Finance Committee but Schultz will cover the report today.  Schultz stated the year end report shows $60,214 net income year end with $32,000.00 to the positive on expenses.
 
Rules Committee:
 
Canipe motioned:  The following rule be changed as follows:
 
.1110 Electrical
.1110(c)  The home inspector shall report the presence of any readily accessible single strand aluminum branch circuit wiring.
 
Schultz seconded the motion.  The motion passed without dissent.
 
Investigation Report:
 
Patron distributed new meeting and hearing schedules.  Hamrick requested additional hearing dates be added to the schedule.  Patron stated as additional hearings are scheduled, they would be added to the schedule.
 
Legislative Committee:
 
Hamrick stated all rules changes will be coming up in October.
 
Systems Enhancements Committee:
 
Vaughn stated he had created this new committee and Wanda Edwards is chairman.  Patron stated this committee is trying to improve the complaint tracking system, online renewal, and web look-up.
 
For Board Consideration:
 
a)      Vaughn welcomed Ms. Anne Runheim – The NCHILA attorney.  Runheim presented a letter for NCHILA to the board.  Runheim read the proposed rule changes and stated the rule the Association is most concerned about is rule .1204 (investigation) that states “On receipt of a complaint conforming to this section, the Engineering Division shall make an investigation of the alleged violations of the rule or the General Statutes, as well as alleged violations that may be discovered by the investigator, and issue a report.”  Runheim presented Canipe with 400 responses received by Gus Stasi from an inquiry he mailed to all inspectors.  Runheim stated the responses received shows most inspectors are against the rule change.  Runheim state she had spoken to Canipe and he agreed to meet with a couple of inspectors and herself to listen to the inspectors concerns.  Canipe stated he would be in contact with Runheim concerning the meeting.  (Public comment:  Mr. Ken Breedlove stated if the investigator does an complete inspection he will be finding something at every inspection, home owners will file a complaint to receive a free inspection.  Fred Herndon stated items may not be the same as when the original home inspection was completed.)  Vaughn thanked Runheim for her time and presentation.


b)      Planning Session Committee Meeting – Vaughn stated the Board will begin holding planning and committee meetings on Thursdays prior to Friday’s Board meetings

.
c)      ARELLO – Patron requested approval to attend ARELLO on October 1-3, 2004 with travel cost of $1200.00. Liles motioned to approve Patron to attend ARELLO, Hamrick seconded.  Motion passed without dissent.


d)      Alan Brown – Patron stated Mr. Brown is appealing to have his probationary period changed.  Truman stated Mr. Brown’s hearing was held in Dec 2003 and the Board made a decision that day.  Truman stated the contents of the Board decision were posted on the Board’s website and Mr. Brown saw the results and assumed the contents were active.  Shultz motioned to accept the suspension dates and allow the probation to date to begin from the time the contents were posted on the web.  Canipe seconded the motion.  Edwards stated information should not be posted on the web until licensees are contacted.  Patron stated that this has been corrected.  The motion passed without dissent.


e)      Renewal Request:  John Mencarini – Mr. Mencarini requested the board approve his late renewal, he had been out of the country on active military duty and was unable to renew on time.  Jones questioned if we had confirmation of his military duty requiring his absence.  Hamrick motioned to approve renewal once the Board received confirmation of activation papers.  Liles seconded.  Motion passed without dissent.
 
Other Items:
 
a)      Liles asked to make a motion and handed the Board a written copy.  The motion stated” I move that the Board investigate and report within 120 days, the following information:  The feasibility of the Board developing a standardized report form, which can be used by home inspectors for home inspections according to Board rule and SOP”s.  The committee should look at both hard copy and computer generation.  The different methodologies to implement the use of the report and which can provide the most benefit. The committee should examine the possibility of the report being optional with field modifications being allowed, since many home inspectors exceed the requirements of the Board.  The cost of development of the standardized report and implementations of the report , to the extent possible, so the Board can evaluate the project in terms of cost.  The Board should examine different avenues of implementation and distribution.  The Board may allocate whatever funds the Board feels necessary to accomplish the investigation.”  Vaughn asked that the motion be discussed in Committee prior to being brought before the Board.  The written motion was assigned to the Rules Committee.


b)      Patron stated he had been invited to speak at the NC-ASHI conference in Greensboro on November 5, 2004.  Summer motioned to accept the invitation.  Schultz seconded the motion.  The motion passed without dissent.


c)      Patron stated the Investigation advisory committee would review new information related to background checks.. 

        
d)      Vaughn presented Sue Little a Certificate of Appreciation for her hard work and dedication to the Board.
 
Adjournment 
 
Respectfully Submitted,


Nicole Edwards
 
 
 
 
 

 

 
 
                 NCHILB Meeting  July 9, 2004 – Raleigh
 
Board Members Present:    John Hamrick – chairman, Gerald Canipe, Jeff
Vaughn, Wanda Edwards, Larry Sumner, Jim Liles.
 
Roger Pierce and Robert Schultz – absent
 
Department of Insurance Staff Members Jennifer Hollyfield and Tammy Parker were present.  Andy Patron was on vacation.  Board Attorney Brandon Truman and his associate from the AG’s office were also in attendance.
 
Agenda
Chairman Hamrick called the meeting to order and discussed the day’s agenda.  He also welcomed Jim Liles to the board as well as giving Tom Edwards the board’s great appreciation for his service and dedication to the NCHILB for 2 years.
 
The minutes of the last meeting in Wilmington were approved – May 15, 2004
 
The budget was unanimously accepted.  The balance is $310,760.
 
Application Review Committee
Parker reported that the application committee had a meeting scheduled for that day.
 
Exam Committee
Hollyfield reported that the next exam committee member meeting was scheduled for August 11, 2004.  The committee members are:  Gerald Canipe, Wanda Edwards, Jim Liles, and Jennifer Hollyfield.
 
There are currently 1127 active home inspectors and 131 active associate inspectors.
 
The June 17 exams resulted in 23 home inspectors passed the exam out of 34 giving this exam a 67% pass rate, and 8 attempted the associate inspector exam with 6 passing and a passing rate of 75%.
 
Jennifer Hollyfield also reported that the exams given in Mocksville, NC were a success with 29 individuals passing the exam.  Associate inspectors were 15 with an 86% passing rate and home inspectors were 14 with an 87% passing rate.
 
Continuing Education Committee
Jennifer Hollyfield reported that 40 individuals have signed up to attend the instructor orientation class being given in August for the 2005 mandatory course.  The materials for this instructor class are at the printers and will be ready for the class.  Lunch will be provided for the course. 
 
Jeff Vaughn announced that Ed Weaver would be the hired consultant for developing the 2006 mandatory course.  He is currently a civil engineer for NC State University.  The first meeting with Mr. Weaver will be on August 4, 2004.
 
Finance Committee
No report.  Meeting scheduled for August.
 
Rules Committee
Gerald Canipe addressed an NCLHIA opposition letter from Don Brady. The NCLHIA board opposes the rules change recommending expanding the authority of the complaint investigator to include violations that may be discovered at the investigation that are not a part of the original complaint. 
 
Gerald Canipe responded the statutes are written the way they are to safeguard the public from licensed professional home inspectors whom receive compensation.  That is the main role of the NCHILB.  The complaint investigator has always had the authority to expand his investigation if he discovers other issues that are in direct violation of the SOP’s during the original complaint process. This rule change would merely document in writing within the SOP’s.  How could the investigator possibly ignore these other violations and expect the NCHILB to maintain credibility with the public and General Assembly?  The intent of the licensure board is to raise the bar for home inspectors and to regulate the process of home inspecting.
 
Gus Stasi asked how many NCLHIA opposition letters had the board received regarding this change. Gus stated there were at least 200-300 letters that members said that they had sent to the board.  Jennifer Hollyfield responded that currently they had received only 2.
 
The proposed rule change regarding changing the phrase in .1112.B1 from “shall describe energy source” to read “describe cooling system” was sent back to committee for further discussion.  There was some discussion in looking at the possibility of publishing an interpretations manual that could be accessed online for clarification.
 
 The motion carried to make changes to rule .1203 , “the engineering division shall verify whether the allegations listed in the complaints are violations of the Standards of Practice, Code of Ethics, or the General Statutes”  to strike listed in the  complaints .
 
The motion carried to make changes to rule .1110.C, changing "observe" to "inspect" single strand aluminum branch circuit wiring.
 
Investigation Committee Report
Currently there are 19 active complaints in progress with 9 hearings that need to be scheduled. 
 
Nominating Committee Report
The nominating committee has recommended the following officers:  Jeff Vaughn – Chairman, Bob Schultz – Vice Chair, Gerald Canipe – Treasurer, and Wanda Edwards – Secretary.  These were approved unanimously by the board with installation of these officers to be made immediately.
 
 For Board Consideration
Michael Best, Commander in the military police has requested to have his home inspection license placed on inactive. He was mobilized for a 2 year commitment in Kosovo and was unable to obtain the CE’s to remain active.  This request was approved by the board.
 
Andy Patron requested Board approval to attend the Council on Licensure, Enforcement, and Regulation’s (CLEAR) Advanced Investigator Training on September 28-30 in Kansas City, Missouri.  Registration and travel costs $1425.  The Board approved.
 
Andy Patron has been invited to attend ARRELLO ( Association of Real Estate License Law Officials) 2nd annual roundtable in October in Pittsburgh, Pennsylvania.  The cost to travel is $1000.  The board did not give approval.
 
Noel Zack from the NHIE presented some information to the Board.  She would like the Board to consider using the exam in lieu of the present exam.  Questions regarding personalizing the exam to be more state specific were discussed with both sides to research options.  The Board thanked Noel for her presentation with Wanda Edwards to look into logistics and compensation. (as you know most of the Board’s annual treasury comes from testing fees and annual renewal license fees) 
 
The Mecklenburg County Code Official was not on the agenda.  It was announced last meeting that he would attend this board meeting.  Andy Patron was not present for discussion.
 
The Kentucky Board of Home Inspectors has been established.  A license will now be required to perform home inspections as of July 1, 2006
 
Electronic signatures would comply with mandate 11 NCAC 8.1103(b)(3)(D)  that emailed inspection reports require a signature and electronic signatures would suffice according to Sue Little Assistant AG.
 
 
Respectfully Submitted,

Executive Director NC-ASHI
 
 
 
 
 

               NCHILB Meeting in Wilmington – May 15, 2004
 
 
Board Members Present:  Jeff Vaughn – Acting Chairman, Wanda Edwards, Bob Schultz, Gerald Canipe, Tom Edwards, Larry Sumner.
 
Board Members Absent: John Hamrick, Roger Pierce
 
Staff Present:  Andy Patron – Executive Director, Jennifer Hollyfield, Tammy Parker.
 
 
Acting Board Chairman Jeff Vaughn called the meeting to order at 9:30am.  He recognized and welcomed Wanda Edwards to the board meeting. (Grover Sawyer’s replacement).  Mr. Vaughn then outlined the Board’s meeting agenda and method for the day.  He requested that the meeting proceed without interruption from the gallery and at the conclusion of the meeting questions would be received with a 2 minute limit.
He reminded everybody present that Board meetings are not open forums.  Public hearings are scheduled for proposed rules changes and that is the venue that is appropriate for discussion.
 
The minutes of the meeting on March 12, 2004 were approved.
 
Committee Reports

 
Application Evaluation Report:      No report
 
Exam Committee:        No report, will report at July Board Meeting.
 
Continuing Education Committee:  2004-2005 mandatory course “Accuracy in Structure” has been approved.  August 18, 2004 has been set aside for the instructor’s course. 
 
Tom Edwards motioned to increase Bill Thompson’s yearly travel expenses to attend the continuing education committee meetings from the current $250 to $500.  Motion carried.
 
Tom Edwards motioned to change the yearly travel cap to non-board staff members of the CE committee to $500 as well. Motion carried.
 
Tom Edwards recommended that the CE committee enter into a $5,557.00 contract with Edwin Weaver for development of the 2005-2006 mandatory course “Summary Page”. Motion approved.
 
Tom Edwards motioned to increase the AG’s representative travel cap to $1000.00 per year.  Motion carried.
 
Finance Committee:    Bob Schultz reported that that 2003-2004 year came in under budget except for NCHILB travel expenses.  He is recommending increasing the 2004-2005 travel expenses to $2000 per year for the NCHILB to continue to travel to different venues for meetings.  Motion carried for the 2004-2005 budget.
 
Rules Committee:  Gerald Canipe recommended the following rules changes:
 
“Investigator’s Authority”

 
Section.1204 Investigation
(a)    On receipt of a complaint conforming to this Section, the Engineering Division shall make an investigation of the alleged violations of the rules or the General Statutes , as well as alleged violations that may be discovered by the investigator, and issue a report.
 
This motion was passed unanimously by the board.
 
“Inspectors Response”
 
Section.1204 Investigation
(b)    A copy of the complaint shall be mailed to the inspector.  The inspector shall submit a written response to the Engineering Division within two weeks after receipt of either the copy of the complaint or notification of additional alleged violations.
 
This motion carried unanimously.
 
Delete the word “Appears”
 
      Section.1103 Purpose and Scope.
(c)    (3) (D) State whether the condition reported requires repair or subsequent  observation or warrants further investigation by a specialist; and…    
 
“Inspect versus Observe”
 
The SOP be revised throughout Section 1100 deleting the term “observe” and replacing it with “inspect”.  This includes the definition also.  “Inspect” would assume the same definition as “Observe”
 
These motions carried unanimously as well.
 
 
Staff Report
 
Jennifer Hollyfield reported that there are currently 1095 active licensed home inspectors and 116 associate home inspectors in the state.
 
The exam on April 7th had 63 taking the exam with a 61% pass rate and 27 associate exams given with an 88% pass rate.
 
June 17th has 49 registered to take the exam.  This exam will be given at Mocksville and the state exam will change locations according to demand.  Please check NCDOI website for changes. 
 
 
 
Investigation Report
 
Andy Patron reported that the number of complaints has risen. (avg. # for 2003 was 49/yr).  This averages out to 1 complaint per week.  August has been the busiest month for complaints.  There will be NCHILB hearings scheduled on July 9th, July 22, and July 23rd.
 
Andy reported that 4 consent agreements have been accepted.
 
Currently there are 12 active consent agreements in progress, 4 proposed consent agreements, 3 hearings scheduled and 7 active complaints pending.
 
The increase in complaints may be caused by 1) increase in number of home inspections being performed, 2) using checklist forms for home inspections, those presented with complaints were judged inadequate and did not meet the SOP, 3) not having a written agreement or contract.
 
New committee members have been assigned and can be referred to on the NCHILB website. (http://www.ncdoi.com)
 
 
Continuing Education Committee
 
Jennifer reported that there are 13 approved instructors to teach the mandatory course, 13 approved sponsors, 10 approved update instructors and 24 elective courses that have been approved.
 
For Board Consideration
 
-          The definition of “probing” of exterior trim components should be left up to the personal responsibility of each inspector.  Realtors have complained that inspectors use “excessive” force during probing and wanted it to be regulated by the NCHILB.  The NCHILB will continue to leave it up to the inspector’s judgment.  No changes proposed.  Andy Patron will discuss this in next newsletter.
 
-          -Smoke alarm functionality .1110 (d) – if yes or no has been checked the inspector has fulfilled the requirement for functionality of the smoke alarm.  This has been referred to the interpretation committee.
 
-          Code references in the Home Inspection Report.  The Mecklenburg City Code Department is dealing with many code calls due to references in home inspection reports.  David Savage (Mecklenburg County) will be invited to attend the NCHILB meeting in July to discuss code issues (.1105) being referenced in home inspection reports and review what an individual must do.
 
-          Bundled contractors reports being offered as one home inspection report will be referred to the AG’s office.
 
-          Roger Pierce has tendered his resignation and recommended David Jones as a replacement.
 
-          Mr. Ulhorn has been referred to the Commissioner’s office.
 
-          Andy Patron will be attending the NCIT conference.
 
Open Discussions:
 
Cherry Jones was concerned about all the proposed rule changes and who it effects.  He was reminded by the Chairman that all proposed rule changes have public hearings scheduled. NCHILB meetings were not open forums for discussions.  Committee meetings are also open to the public.  Committee meetings and public hearings will be published in the NC Register online. (www.ncgov.com) (office of administrative hearings)
 
Gus Stasi asked about rules changes.  Was the investigator expanding an investigation beyond the original complaint? The Board responded “yes”. Does Andy Patron have the authority to do that?  The Board responded yes with Gerald Canipe adding the rules are there to protect the public.  The complainant does not know SOP’s but the home inspector is expected to know the SOP’s.  Andy refers to the entire report when conducting an investigation and any other violations noted should be addressed.  It would be analogous to a policeman investigating one homicide and not able to report another homicide/felony if found during the original homicide investigation.
 
It was recommended to the Board that notifications be sent out to licensees regarding public hearings for proposed rules changes.
 
At the end of the meeting Jennifer Hollyfield was presented with an award from the Education Committee for “Excellence in Education”
 
Respectfully Submitted,
 

Executive Director
 

 
 
 

 

Licensure Board Activity Report
March 12, 2004 Board Meeting

 

The Home Inspector Licensure Board met at the Chapanoke Road offices on Friday, March 12th.  Members present were John Hamrick  (chairman), Jeff Vaughn, Tom Edwards, Larry Sumner and Brandon Truman (representative from the state attorney's office). Bob Shultz and Roger Pierce were absent and Gerald Canipe was unable to attend due to his mother’s recent death.  A quorum was not present at this meeting.

Chairman John Hamrick called the meeting to order.

He stated that since there were not enough members present to have a quorum vote, all issues requiring a vote would have to be postponed.

The minutes for the January Board meeting were approved by the board as written.

Andy Patron announced that the replacement for Grover Sawyer has been selected.  The appointee is Wanda Edwards.  This appointment will be effective as of April 1, 2004.  She has also elected to serve on the NCHILB.  She will start her duties as Grover’s replacement on April 12, 2004.

Committee Reports

Applicant Evaluation Committee

·         Tammy Parker reported that 5 applications had been approved. 

Exam Committee

·        There are currently 1077 active Home Inspectors, and 113 Associate Home Inspectors licensed in the state. 

·         Jennifer Hollyfield reported that the pass rate for the Home Inspector test is down to 50%.  The pass rate for the associate inspector test is 72%.  The most likely reasons for the reduced passing rates is tougher tests and less experienced people taking the tests.   

Continuing Education Committee

·         Jeff Vaughn reported that the 2004-2005 mandatory course currently in development is “Accuracy in Reporting – “Structural”.  Bonnie Gregory has been working closely as a consultant with the education committee for this course.  Instructor training will commence in August 2004 with 13 sponsors and 13 instructors. Currently there are a sufficient number of instructors and sponsors.  The course will be offered beginning October 1, 2004.

·         The topic of 2005-2006 mandatory course will be Accuracy in Reporting – “Summary”.

 

 

Finance Committee

 

·        John Hamrick stated the budget as a whole was met. The BOD was slightly over budget.   This was probably due to travel expenses incurred in attempting to bring board meetings to different locations in the state.  This practice will continue.

 

Rules Committee

 

·        Decisions on rules committee issues were deferred due to absence of chairman Gerald Canipe and the lack of a quorum

 

Staff Report

 

·        As of March 15th ,  ninety-one applicants have enrolled to take the exam.  Twenty of these are repeat applicants.

·        The next exam is scheduled for April 7th in Raleigh.

·        Jennifer Hollyfield announced that there will be 2 locations in which the licensing exam would be given in June.  On June 17th the exam would be given in Raleigh and another licensing exam would be given in Mocksville at the Davie County campus of the Davidson Community College (room 200) on June 24th.  Further information to be announced.

 

Investigation Report

·        There are currently 4 active complaints being investigated. 

·        The next investigation hearing is scheduled on May 14th in Wilmington.  There will be a board meeting the following day, May 15th in Wilmington as well.

·        Mr. Laine Harling had been suspended for non-compliance with his Consent Agreement.  He was to have taken 8 hours of classes related to structural inspection within 1 year of signing on February 25, 2003.  As of February 26, 2004, no record of continuing education had been filed.   Mr. Harling has since attended a board approved class and it was agreed by the board to lift the suspension. Since there was no quorum present Bob Schultz was consulted by phone so that the suspension could be lifted immediately.

·        All other investigation business required a board quorum.  This business will be taken up at the next licensure board meeting scheduled in Wilmington in May.

 

 

For Board Consideration

·        Committees and Task Forces:  Scheduled for updates, redistribution and to fill vacancies in June.

·        Questions from the NCLHIA conference:

 

1)      Are e-mail responses and approvals from clients legally acceptable?  (Brandon Truman, state attorney’s office will investigate and advise the board).

2)      Is the inspection contract enforceability beyond the original client?  The

 Board responded “no”.

·        Can a home inspector inspect a home without a signed offer to purchase, how to assure legal access to property?  The board determined that this was a non-issue for the home inspector and an issue for the realtor involved.

·        Does CE carry over from Associate to Home Inspector if re-licensing in same licensing year?  The board stated “yes”

·        Associated Inspections – multiple trades inspecting a single property, client pays a single company.  Do these inspections come under the jurisdiction of the NCHLIB?  If not, should they?  Brandon Truman to investigate legality of issue and get back to the board.

·        The Guilford County District Attorney’s office has sent John Salstrom a cease and desist letter from performing all home inspections in Guilford County.

·        The Closed Crawlspace revision to the Residential Building Code has been approved.  This is currently under review.

·        Regis Kurtz had written to Andy Patron in regards to a question of sharing information from a previous inspection.  In this case, Mr. Kurtz had inspected a property that was subsequently condemned until all the pertinent issues were addressed.  After the issues were corrected and permits completed, another buyer asked Mr. Kurtz to inspect the same home (under a separate inspection contract).  What is Mr. Kurtz’s obligation in informing this new buyer that the property had been previously condemned?  The board advised Mr. Kurtz that the home inspector should disclose prior knowledge of the house to his current client, then perform a complete home inspection, according to NCHILB standards.  The inspection should be performed as if he had never seen the property before.

·        Larry Oppegard had a question regarding signing the home inspection report, would signing the summary page be sufficient?  The board advised Mr. Oppegard that the report itself should be signed  since the summary sheet could be separated from the report and the report needed to be able to stand alone with a legal signature.

·        It was also questioned if polybutylene piping could be described as “plastic”.  The board  responded that polybutylene needed to be described as polybutylene and the term “plastic” was not descriptive enough.

·        Another question brought to the board inquired if e-mailed contracts without a client’s signature, just his typed agreement, were legal.  Brandon Truman from the State Attorney’s office to investigate.

 Respectfully Submitted,

Executive Director NC-ASHI

 

 

January 28, 2003 Board Meeting

The NC Home Inspector Licensure Board met on January 28, 2003   The meeting scheduled for January 17 was postponed because of inclement weather. 

  As you probably know by now, Steve Smallman resigned from the board, and Tom Edwards was appointed to take his place.  Steve, thanks for a job well done.  Tom, you’ve got some big shoes to fill, but I’m sure that you will be up to the task.

  The Board’s offices are going to be moved, along with the other Dept. of Insurance divisions currently located at the Boylan Avenue building.  The new offices will be located at 322 Chapanoke Road , off Highway 70 and north of Tryon Road .  There will be more space available for operations in the new building.  The board had hoped to be in the new offices by the next meeting on March 14, but it will be held in the old offices on Boylan Avenue .

  At the January meeting, Robert Shultz discussed the board’s budget and expenditures for the current fiscal year.  At the moment, the board is under the budget on most line items.  To meet the budget crisis, the State of NC took $250,000 from the Licensing Board account to help balance the budget.  Since this money did not come from public funding, but rather from fees paid by home inspectors, it was not really the state’s money to take.  The board is going to attempt to get this money restored to the Board’s account through informal inquiries and discussion, but if these attempts are not successful, the board may consider taking legal action.

  Andy Patron, the new Licensing Board Investigator, is making progress investigating and resolving the backlog of cases that built up since the prior inspector left.  At the time of the inspection, there were 6 consent agreements pending, and there were 8 investigations still in progress.

  Jeff Vaughan proposed using a form similar to the one that the Contractor Licensing Board uses to establish financial responsibility.  The form would help to make sure that inspectors will have adequate assets to compensate their clients in the event of an error or omission that falls under the standards of practice.  There was some discussion about the pros and cons of using an additional form.  Additional training would be required, and additional investigation would probably be necessary in order to determine if the information filled out on the form was factual.  No decisions were made, but the board will pursue this issue in the future.  Possible modifications to the current policy will include increasing the required net assets and requiring liquid assets instead of net assets.

  The issue of mandatory errors and omissions insurance is being raised.  John Hamrick, the board chair, asked Jeff Vaughan to chair a committee studying the issue.  Jeff asked that Tom Edwards be co-chair.  Additional members on the committee will be Gerald Canipe, David Jones, Sergei Worrell, Keven Kossler, and Larry Sumner.  We will be researching this subject to determine if there is adequate availability, and to determine if the cost would be prohibitive.  The approximate time frame for gathering information and deciding on a course of action will be one year or less. If you have any opinions on the subject, I would like to hear them. 

  Andy Patron raised an issue concerning active judgments against inspectors.  In one particular case, a client had won a judgment against a home inspector, but the issue was not a violation of the standards of practice.  He wanted to know if a judgment against a home inspector should automatically trigger a licensing board investigation, even if a homeowner did not file a complaint against an inspector.  A motion was made and passed, that if the board became aware of a judgment against a home inspector, it would trigger an automatic investigation to determine if Standards of Practice had been violated.

  A motion was made that would add a line to the application for license or renewal of license that would ask if the inspector had any judgments against him or was aware of any pending judgments.  The motion passed unanimously.

  A motion was made to require notarization of the annual license renewal application.  The motion failed.

  There was some discussion about posting disciplinary actions on the Licensing Board Website.  There was general agreement that actions should be posted.  A discussion about the duration of the posting ensued.  A motion was made and passed that would have disciplinary actions posted on the site for a period of one year after the action, and published in the quarterly newsletter.  The motion passed.

  Andy Patron wants to compile some data on reporting methods.  He would like to be able to view numerous reports to determine what types of reports are most prone to generating complaints.  He sees mostly the reports that resulted in complaints to the Board, and would like a more representative sample.  After some discussion, the board passed a motion to place a request in the Bulletin for voluntary submissions of reports.  These would be used only for statistical analysis.  If you would like to submit a sample of your report to him, you can send it to his attention at the new licensing board office at 322 Chapanoke Road , Raleigh , NC 27603 .

  Frank Vigil of Advanced Energy was presented with an award for his excellent work in designing the mandatory education course for this year.

  John Hamrick questioned whether or not emailed reports meet the reporting requirements of the licensing law.  Jeff Vaughan stated that the electronic signature on emailed report meets the SOP.  An additional mailing of a hard copy is not required.


Licensing Board Liaison
davidgjones@earthlink.net

 

 
 
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Licensure Board Activity Report  
March 14, 2003 Board Meeting

 

The Home Inspector Licensure Board met on Friday, March 14 at the Boylan Ave. offices.  This was the last meeting prior to their move to the new offices at 322 Chapanoke Road .  They have made the move.  The new phone numbers are:

  • Phone   (919) 662-4480
  • Fax      (919)662-4459

  Board chairman John Hamrick stated that he would be sending a letter to the governor asking for an audience to discuss the status of the funds that were appropriated from the licensing board.

  Committee Reports:

  Application Evaluations Committee

  • Grover Sawyer reported three applications had been approved and one denied.

Education Committee

  • Jeff Vaughan reported continuing progress with the design of next year’s required course.  The final draft of the course should be ready in April. 

Finance Committee

  • Robert Schultz reported that the expenses are generally in line with the budget.  There are no significant expenses associated with the move, other than expenses related to new telephone lines and printing of new stationery.  The new building owner is paying for the move of all of the furnishings and equipment.

Rules Committee

  • Roger Pierce reported that at the meeting on March 21 in Charlotte , 15 people worked about 3 ˝ hours in discussions of four primary subjects; reinspections, electrical wiring, heating and air conditioning, and mold.  With regard to the reinspection issue, there was some discussion about whether or not a separate contract should be required for performing a reinspection, and about whether or not a home inspector is qualified to evaluate repairs made by a trade without possessing a trade license.  Another meeting was scheduled for the afternoon of Friday, March 14.

Non-Renewal vs. Inactive Status Task Force

  • Bob Schultz announced the new proposed policy with regard to renewal of licenses.  If a licensee has allowed their license to lapse for more than one year, the board will not consider renewal.  The licensee will have to go through the full licensing process again.  If a license is in inactive status, the licensee can re-activate their license within 3 years.  If the license has been inactive for more than 3 years, the board can consider renewal as a “hardship” case, subject to the following restrictions:

a)      The licensee must apply in writing to the board for “hardship” case reactivation.

b)      If approved, the “hardship” reactivation may be subject to special conditions imposed by the Board, including, but not limited to Continuing Education requirements.

After some discussion, this policy was voted on by the board, and was passed unanimously.

Staff Report 

  • There are now 1021 active home inspectors and 102 active associate home inspectors.  In February, 20 new licenses were approved, and 2 new associate licenses were approved.  The passing rates for tests in February tests were 61% for the home inspector test and 85% for the associate home inspector test.

Investigation Report

  • Four new complaints were received between January 28 and February 24.  There are four active investigations.  One investigation has been completed and is pending review.  6 consent agreements have been signed by inspectors, pending board review.  There are eight open cases pending investigation.  Four hearings are pending scheduling.  The board approved five of the consent agreements, and voted to hold a hearing on one case.

  The Licensing Board Bulletin has been sent to the printers, and will be in your mailboxes soon.

  As soon as I receive the official draft minutes of the March 14 meeting, they will be forwarded to you.  The next scheduled meeting of the Board is May 9, 2003 at the Chapanoke Road offices.

  If you would like for me to bring any requests or concerns to the Board, feel free to contact me.


Licensing Board Liaison
davidgjones@earthlink.net

HOME LATEST NEWS

 

 

Licensure Board Activity Report  
June 13, 2003 Board Meeting

 

The Home Inspector Licensure Board met on Friday, June 13 at the new board offices at 322 Chapanoke Road in Raleigh .  All board members were in attendance except for Gerald Canipe, Jeff Vaughan, and Roger Pierce.

 

Chairman John Hamrick called the meeting to order.

 

Robert Schultz presented the treasurer’s report.  To date, expenditures are below the projected budget for this fiscal year. 

John Hamrick stated that he had been in contact with the governor’s office.  There is no immediate prospect of getting back the funds that the state took from the licensure board account last year, but he doesn’t expect the state to take any more money from the account.

 

Andy Patron, the executive director, presented in graphic form information about the number of home inspectors, and how it varies from month to month.  The numbers have been relatively stable for the past three years.  The number of inspectors is greatest in September, just before license renewal.  It has been about 1200 inspectors and associates for the last three years.  In October, at renewal time, the number drops to about 900-1000, and gradually rises back through the year.  He did not have information about how much of the increase was due to new inspectors vs. slow renewals.

 

Six (6) consent agreements against home inspectors, negotiated by Mr. Patron after investigations, were reviewed by the board.  Three were approved as written.  The board chose to modify the other three by increasing the length of suspension and/or making the suspensions immediate rather than begin in the winter holidays.

 

Hearings were scheduled for August 21st  for complaints against two inspectors.

 

One working group of the Interpretation Manual Task Force has been working on the mold issue.  They have written draft language for wording to be used when presence or suspicion of mold/mildew is observed during a home inspection.  The wording follows.

 

“Evidence of what appears to be mold was observed _________________ (identify location).  Mold is one of the indicators of current or past excess moisture.  Some people may experience mild to severe health effects due to exposure to certain mold and mold spores.  You may wish to have this further investigated by a professional experienced in mold evaluation.  Some additional information regarding this may be obtained from Environmental Protection Agency at www.epa.gov/iaq/pubs/moldresources.html and NC Department of Health and Human services at www.epi.state.nc.us/epi/oii/mold/ .”

 

This is draft language, not the final product!  If you have any comments or suggestions, please forward them to me or to Jim Anna, John Ring, or Pat Pope, members of the task force 

 

Appointments for two members of the Board expire on June 30.  Bob Shultz, appointed by the speaker of the house, is ready to continue as a member.  Roger Pierce’s appointment  is also due to expire.  His position is appointed by the Governor.

 

Miscellaneous news:

  • The NCHILB newsletter will be mailed in August so that it can be bundled with renewals and updated rules.
  • Some board members will be available at the NCLHIA conference August 14-15.
  • The board members will have a working retreat September 25th and 26th so that they can have some in-depth discussion and work on important issues.
  • There will be a licensing exam held in Charlotte in July 2004.
  • The board will hold meetings in eastern NC in the spring, and in western NC in the fall of 2004.
  • The NC Building Code Council requested that the NCHILB give continuing education credits for participation in the Building Code Council.  The Board rejected the proposal.
  • The National Association of Certified Home Inspectors requested that the Board grant them “official recognition” and include a web link on the Board’s web site.  The request was rejected.

 

The next meeting of the board will be Friday, July 11 at the board offices on Chapanoke Road in Raleigh .  If you have any requests or information that you want me to communicate to the Board, please let me know.

 

Licensing Board Liaison  
davidgjones@earthlink.net

 

HOME LATEST NEWS

 

Licensure Board Activity Report
July 11, 2003 Board Meeting

 

The Home Inspector Licensure Board met at the Chapanoke Road offices on Friday, July 11.  All members were present except for Roger Pierce, who could not attend because of pressing business interests.

 

Chairman John Hamrick called the meeting to order.

 

He stated that he had conversed with Roger Pierce, and that while there was no official word as of yet, Roger said that he had been reappointed to the board for another term.

 

The minutes for the May and June meetings were approved by the board as written.

 

Committee Reports

 

Applicant Evaluation Committee

  • Grover Sawyer reported that the committee had not met, and there was nothing to report.  The committee was to meet in the afternoon after the board meeting to review five applications.

 

Exam Committee

  • Grover Sawyer reported that the pass rate for the Home Inspector test is down to 55%.  The pass rate for the associate inspector test is 85%.  The most likely reasons for the reduced passing rates is tougher tests and less experienced people taking the tests.

 

Continuing Education Committee

  • Jeff Vaughan reported that the 2003-2004 mandatory course has been completed, and course materials are being prepared for instructors and students.  The course name is “Accuracy in Reporting – Mechanical”.  There will be two “teach the instructor” sessions.  If you are interested in teaching the course and have not already been contacted, you should get in touch with Jennifer Hollyfield as soon as possible.  You can reach her at (919) 662-4480.  The course for 2004-2005 will be “Accuracy in Reporting – Structural”.  The continuing education committee will commence work on next year’s course this fall.

 

Finance Committee

  • Bob Schultz reported that for the first 11 months of this fiscal year, expenditures have been about $85,000 below budget.  Next year’s projected budget will stay approximately the same as this year’s. with only minor changes in line items.

 

Rules Committee

  • Because Roger Pierce could not be present, Andy Patron presented current information about the work of the subcommittees.

    • Mold:  The task force presented a revised mold paragraph.  The language is as follows:

“Evidence of past or current excess moisture as identified by fungal growth was observed at___________(identify location).  This observation does not preclude the possibility that there may be mold present in other locations that was not observed by the inspector.  Additional information regarding fungus and mold may be obtained from the Environmental Protection Agency at http://www.epa.gov/iaq/molds/moldresources.html and the NC Department of Health and Human Services at www.epi.state.nc.us/epi/oii/mold .  If you have health or other concerns regarding this observation, you may wish to consult with a professional experienced in environmental evaluation.” 

 

There was considerable discussion about the subject.  A consensus was reached that the statement about mold present in other areas not observed was just a cya statement to protect the inspector, and should be removed.  For people without web access, phone numbers should be added.  The board recommended returning the statement to the committee for more editing.

 

    • Reinspection:  The task force presented a proposal that would define a reinspection as in inspection limited to repairs requested by the client and limited to those items that were in the summary page of the original home inspection report.  Only the home inspector that performed the original inspection could make the reinspection.  They also recommended that if a home inspector planned to perform reinspections, they should include a paragraph in their inspection contract covering reinspections.  After some discussion, the board decided that as written, the recommendation was overkill, and recommended returning it to the task force for more editing.

 

    • The Electrical Task Force presented an Electrical Standards interpretation that could serve as suggested inspection protocol.  It was generally well received by the board.  There were also some suggestions for possible future changes in the Standards of Practice, such as requiring reporting smoke detector locations, and whether or not detectors are interconnected.  They also recommended investigating whether or not inspectors should be required to test arc-fault circuit interrupt devices.  The board made some revision suggestions, and sent the interpretation back to the task force for more editing.

 

Staff Report

  • The total number of licensed inspectors and associate inspectors is back up to about 1200.  Two complaint hearings are scheduled for August 21.

 

Miscellaneous news

  • Some members of the Board will be at an open forum at the NCHLIA conference in Greenville from 7 to 9 pm , Friday, August 15

  • The September 19 Board meeting in Raleigh has been cancelled.

  • The Board will hold a weekend retreat in Morehead City September 25-26.

  • The next scheduled board meeting is November 7, in Asheville .

 

 

If you have any requests or information that you want for me to communicate to the Board, please let me know.

 

Licensing Board Liaison
davidgjones@earthlink.net

 

MINUTES OF NC HOME INSPECTOR LICENSURE BOARD

Asheville, North Carolina

November 21, 2003



 

The NC Home Inspector Licensure Board met in Asheville, NC. The meeting was called to order by Chairman John Hamrick.

All Board members were in attendance with the exception of Grover Sawyer.

Department of Insurance staff members Andy Patron, Jennifer Hollyfield and Tammy Parker were in attendance.  Brandon Truman of the Attorney General’s office was also in attendance.

Visitors included the following:

Cherry Jones                            Gwyn Mayberry

Gus Stasi                               Richard McCarn

Joe Tassillo                            Charles Knighton

David Jones                             Rick Zechini

Paul Creson                             James Davis

Chairman Hamrick welcomed the guest.

Hamrick discussed the agenda. 

Approval Of Minutes

Schultz motioned to approve minutes as presented for September 26, 2003 Board meeting.  Vaughn seconded, motion passed without dissent.

Application Review Committee

Parker stated the committee met after the last meeting reviewing five applications, approved one and denied four.  The committee will review six applications after the meeting today.

Examination Committee

Hollyfield stated the committee had no report.

Continuing Education Committee

Vaughn stated the new continuing education rules are in effect and being implemented.

Vaughn stated the new CE mandatory began on October 1, 2003.  The new course has been taught.

Vaughn stated the committee has met twice and will meet again in January.  The committee desires to receive input from anyone with ideas for the 2005 mandatory course. 



 

Finance Committee

Schultz presented the monthly financial report ending October 31, 2003.  Ending cash balance, 430,883.00.  Schultz motioned to accept the financial statement as presented, Summer seconded.  Motion passed without dissent.

Rules Committee

Pierce presented the Board with a draft on mold and mildew reporting interpretation.  Pierce motioned to accept the draft as the Board’s interpretation:

The North Carolina Home Inspector Licensure Board is herein referred to as the Board

Home Inspectors are not required to determine the presence or absence of any suspected adverse environmental condition or hazardous substance, including but not limited to toxins, carcinogens, noise, and contaminants in the building or in soil, water, and air.

It is the interpretation of the Board that the presence of mold or mildew is considered to be a suspected adverse environmental condition or hazardous substance.  Therefore, it is the interpretation of the Board that home inspectors are NOT required to report on the presence of mold or mildew.

However, for Structural Components and for Interiors, home inspectors shall report signs of abnormal or harmful water penetration into the building or signs of abnormal or harmful condensation on building components.

It is the interpretation of the Board that an organic growth such as mold or mildew may be a sign of abnormal or harmful water penetration into the building or a sign of abnormal or harmful condensation on building components.

It is the interpretation of the Board that home inspectors are not required to report on mold or mildew growth, unless evidence suggest to the home inspector that the mold or mildew growth is a sign of abnormal or harmful water penetration into the building or a sign of abnormal or harmful condensation on building components.

Canipe seconded.  Motion passed without dissent.

Gus Stasi questioned the Board concerning the committees and task force members being replaced or being dissolved.  Patron stated that no, no committee has been dissolved or members replaced.  Patron stated the interpretation was written after gathering information from the members of the task force.

Staff Report

Hollyfield stated 1004 individuals hold an active home inspector license, 103 individuals hold an active associate inspector license.

Hollyfield stated an exam review was held on November 3, with 18 in attendance.

Staff has an exam scheduled for December 11, 2003. 



 

Investigation Report

Patron stated he had two active investigations at this time. 

Hearing scheduled for December 12, 2003. 

Patron stated he has three consent agreements to present to the Board for approval.

Reed vs. Pinnix

Patron describes the details of the consent agreement requiring:

        1 year active suspension

        Two years probation

        Additional CE: 4 hours structural; 4 hours electrical; 4 hours plumbing and 4 hours report writing

        Submit three reports for review

Pierce motioned to deny consent agreement, request inspector to volunteer to turn in license or schedule hearing.  Edwards seconded.  Motion passed without dissent. 

Schultz suggested Patron audit the past reports completed by Pinnix.  Vaughn motioned to grant authority to our investigator to expand investigation in the complaint Reed vs. Pinnix.  Schultz seconded, motion passed without dissent.

Watkins vs. Paxton/Carroll

Patron describes the details of the consent agreement requiring:

        Paxton

        30 days suspension (stayed)

        One year probation

        Additional CE:  4 hours structural; 4 hours report writing;

        Submit three reports for review

Pierce motioned to accept consent agreement amended to remove stayed, to require active 30 days suspension, Schultz seconded.  Discussion requires suspension to begin immediately, allowing two weeks for Paxton to accept agreement.  Motion passed without dissent.

Edwards motioned to offer Carroll a consent agreement requiring the same conditions as offered to Paxton.  Pierce seconded.  Motion passed without dissent.

Vaughn motioned to grant authority to our investigator to expand investigation in the complaint Watkins vs. Paxton/Carroll.  Edwards seconded.  Motion passed without dissent.

Vaughn motioned to grant authority to our investigator to expand investigation in the complaint Watkins vs. Paxton/Carroll.  Edwards seconded.  Motion passed without dissent.

Patron asked the Board to allow one week before requiring active suspension to begin to complete inspections already under contract.  Board agreed.

Kern vs. Penny

Hamrick recused himself.

Patron describes the details of the consent agreement requiring:

        One year probation

        Additional CE: 4 hours structural, 4 hours report writing

        Submit three reports for review

Patron stated the Board had previously denied this consent agreement, but it is being represented for consideration.

Edwards motioned to offer a consent consistent with Paxton/Carroll requiring 30 days suspension.  Pierce seconded.  After discussion, Motion passed with Summer and Schultz voting no.

Vaughn motioned to grant authority to our investigator to expand investigation in the complaint Kern vs. Penny, Canipe seconded.  Motion passed with Schultz voting no.

Board Consideration

NHIE submitted a standard exam package to the Board. 

Patron discussed the exam review process that is currently being used by the Board.  Patron suggest not giving answers to individuals reviewing the exam.  Little submitted a letter that advises to continue to give answers at the review.  This issue will be discussed at next meeting.

Patron questioned the Board concerning an licensee that did not complete the required continuing education prior to October 1.  The Board stated the licensee must find last years required courses or begin the licensing process over, including taking the exam.

Keith Peddie submitted a letter concerning marketing, the Board’s role.  After discussion Vaughn stated the Board should not be involved in this, appearance of conflict of interest.  Pierce encouraged participation from associations.