FedPac Advisory - GONE !
The Kentucky Board of Home
Inspectors (KBHI) bit the bullet at its November meeting.
Its
notorious Federal Pacific Electric Co. "Advisory Bulletin" bit the dust. It is no more. Good riddance!
In
fact, all the "advisory bulletins" were "trashed, ...done away with"
as vice-chairman Mike Patton put it during the meeting.
The
vote to rescind all the "Advisory Bulletins" was unanimous.
"Basically there will be no more advisory
bulletins," Patton said. The decision
was overdue.
The
Board administrator will remove them from the KBHI web site. (Only one other advisory bulletin was
approved, in February, 2009. It was an eager beaver
bulletin trying to mandate a contract clause for home inspector
contracts based on KRS Chapter 411. The
Board, obviously, has no legal authority to interpret or administer anything in KRS Chapter
411 - or any other part of Kentucky law outside KRS 198B.700-738. And disciplining an inspector over such a
thing was out of the question).
Rest
in Peace. Fini. Over and done. Now you can call 'em as you see 'em.
The unlawful "reprimand" of a hard-working inspector who supposedly broke the
FedPac "advisory" was rescinded earlier.
We nicknamed him "Ricardo" in our newsletter on the "reprimand." His "thank you" note was among the largest
mail responses Professional Learning Institute ("PLI") ever enjoyed for our
newsletters. (A representative sampling
is reprinted in our "Readers Reply" column below right.)
Several inspectors writing in made a good point. When push came to
shove, Ricardo was hanging out there alone, twisting slowly in the wind.
Only
PLI stood up for him and said he did his job. Only PLI said the
Board broke the law, not the inspector.
No
national association helped the guy. The
so-called Kentucky "association" went mum.
In fact, the KBHI board member who moved to "reprimand" Ricardo based on
the unlawful "advisory bulletin" actually was a director and former President
of KREIA! The truth is that neither
KREIA nor even one of the national associations has ever supported an inspector
in trouble at the KBHI, or told the KBHI it was making a mistake. Not one.
Ever.
Not
one of them even backed PLI after it stood up for Ricardo and
explained where the Board went wrong, or sent out our carefully detailed newsletter
explaining the situation. (KREIA asked
for, and received, permission to reprint the newsletter free, but if it actually
did, it never sent us the promised reprint copy.)
Call
that your dues dollars at work. Those "associations" charge "dues," for somethin'.
PLI charges no "dues" -- never has, never will. Maybe it's worth asking exactly where those
dues dollars are going, if it's not "inspectors helping inspectors" and they
won't drop a dime when a dues-paying "member" is put upon. If you find out, drop us an email. We'll pass it along. It was expensive and time consuming for PLI,
not to mention Ricardo, to cope with the Fed Pac "reprimand" problem. But we did.
We didn't have to, but it was the right thing to do. So we did, free of charge, free of "dues."
Still,
from day one, PLI always contributed what it could to help the
profession and the Board. (We do not want PLI staff to be on the Board, since it would be an unethical conflict to regulate our own courses and such.) PLI is the first and only CE Provider the KBHI "recognized and thanked" (Aug. 11, 2009 Minutes) for donating class materials for the
Board's use. And everybody knows PLI's Steve
Keeney, the inspector and attorney who teaches PLI's Law & Regulation
courses, is the only Law & Regs instructor who attends every KBHI
meeting. Check the KBHI's minutes
(bhi.ky.gov) to see the last time any other Law & Reg instructor was there. If you're not there, you can't know first-hand or help.
The
Apologies
To
its credit, the KBHI owned up to its "advisory bulletin" mess.
It
did not have to.
"Are
you saying take them away because they were illegal to start with?" outgoing
Board member Bill Welty asked at the meeting.
"Basically
yes," Chairman Green answered. You got the feeling Mr. Welty wanted it said out loud at the November meeting.
Still, no
one had to admit they were wrong and PLI was right when it called the action
illegal all along. They could have just buttoned
their lips and wiped the slate clean without a word of explanation. (The one thing it could not do was discipline another inspector on an "advisory bulletin.")
Chairman
Green also apologized to the Board earlier, and a group of home inspectors at an October CE seminar, for
a number of the Board's other illegal activities, even before the "advisory
bulletins" were "trashed."
He
didn't have to do that either. But our hat's off to the
man.
Those
October apologies came out of the board's illegal ethics "investigation" of its own
members who were also KREIA leaders - the same board members who voted for the
FedPac "reprimand." When the board hid it in secret meetings, Steve gave them a
heads-up that was unlawful. The
board did it anyway. Finally, the
Attorney General issued a written ruling that each and every point PLI raised
about the illegal actions was correct.
The board had violated around a dozen of those open meeting law rules too.
(The board never went back to do a for-real investigation and get it
right. Instead, it shifted investigating ethics to the Executive Branch Ethics Commission. That's
another step in the right direction. No matter how straight up anyone is, investigating yourself
never passes the smell test.)
The
apologies were the right thing to do.
Not the easy thing, but the right thing.
PLI does not take sides; it neither supports nor opposes any
causes. It does not matter whether the
Board's right or the inspector is right or someone else is right. All PLI cares about is what's right. We don't
support or oppose Chairman Green (or any other Board member), but when he's
right, he right.
When
the Board gets it right, we've consistently been the first to say so. In fact, this PLI newsletter has reported KBHI actions longer than anyone anywhere - and every inspector gets it free for the asking. (PLI alums also get a special second bulletin with more info.)
With
the intestinal fortitude it takes to publicly apologize to the KBHI and to a gathering of home
inspectors, Chairman Green surely did the right thing.
What
counts, of course, from now on, is walking the walk, not just talking
the talk. We're rooting for him, and all of 'em - and
we'll be there to help with our dos pesos
worth.
When
you've been teaching this as long as PLI and its faculty, it's not the first time
you've seen a spankin' new, green board goof up. And, you guessed it, nobody has been teaching this stuff longer
than PLI in Kentucky.
Maybe this growing experience will lead the Board now to be a little less self-righteous and a little more understanding of inspectors who work hard but trip over some technicality.
This
Is How Boards Grow and
Mature
Really, all
this is just part of the natural evolution of rookie boards growing into
seasoned, skilled boards. Every new board matures and develops in each licensing board state, as Texas and Connecticut did
starting years earlier. Like our kids,
when they're young, boards think they know it all. As they mature, they learn how much they
have to learn - about everything, from being a state agency, to licensing, to pontificating,
and even to budgeting. (Believe it or not,
the KBHI never even had a budget, and now barely has a draft! But it had about $180,000 of your money
sitting around looking for something to do.)
Growth does not have to be this hard, or involve serial law-breaking, though. Boards avoid mistakes by learning to tap what other older
boards learned, like their state Real Estate Commission and finance boards
and home inspector licensing boards in other states. That hasn't really started happening here
yet. But we're really looking forward to
it.
Boards also start protecting the public by getting serious
about protecting home inspector licenses.
They stop trying to interpret other license laws and start doing what
they're good at - enforcing their own license.
All those reports that look like and act like home inspection reports, but
get churned out by cheap, unlicensed writers, get checked to see if a home
inspection license is required. There
are plenty. HUD, FHA and the Kentucky
Housing Finance Authority, as examples, all use long reports that look like and
quack like home inspection reports - but are not done by licensed home
inspectors. Home buyers get the idea they
really are home inspection reports, so they never get their home inspected,
often with sad consequences. The KBHI
took a look at a HUD one in May, and a Kentucky Housing Corporation Assessment Form way back in Oct., 2006. Both times, the Board decided they sure looked like a
home inspection report; normal people probably got misled into thinking so, even though it was cranked out by unlicensed writers; and ... then did nothing.
It's a problem with which every board sooner or later has to come to
grips.
Mature boards also protect the integrity of their own processes, like making sure inspectors
get their money's worth (whether the money is called tuition, dues, membership
or anything else) for their CE courses, instead of just clocking time. Green board excuses about wanting "choice" gets a new chapter - choice is good, for the public and the profession, only if you actually learn something. They weed out junk "distance learning" CE courses that are basically fake, "pay
your money and get your credit" courses.
Accredited online courses take their place, as they have at the mature
Kentucky Real Estate Commission, the U.S. Department of Education and most businesses. This board is clueless there still. Mature
boards build disciplinary systems designed to protect all parties and hold everyone involved accountable, including
themselves, first by operating like courts, in public for all to see, and publishing
full accounts of cases to guide the public and the profession. This board does not even have a disciplinary
procedure beyond "we'll take a complaint and if you don't like the decision you can
appeal." Seriously. No right to be heard, no
complainant notice of a defense or chance to reply, no right to have a lawyer
or a witnesses. Nothing. This too will come. This board is trying to work on it, but in a vacuum. It still has no clue what other home inspector boards do, what's worked or not, and why.
That's
why it's so important for inspectors and the public to speak up, help and
participate, no matter how much it seems a waste of time sometimes.
That's
when things really get better. More
mature home inspection boards start joint projects with realtor boards,
mortgage finance boards, and public housing agencies to better inform and
protect the public. They do things like
co-authored brochures explaining why home inspections are important to buyers and sellers. They write rules to make sure the public get the same, straight message about the need for home inspections, and to boost public awareness. They start looking for public input and ideas instead of resenting
them. They make sure the public really
gets a genuine home inspection report when they think they are. They set up funds to protect the public from
abuses. They get unlicensed
fly-by-nights off the streets. They stop
trying to beat up their own licensees or competitors.
They start learning from other boards' mistakes. It only gets better from there. Here's hoping this opens the board to the
next steps ahead.
Admitting
mistakes is the first step toward making amends and doing the next right
thing. That's how boards mature and get
it right.
That's
Over! But
is it The End?
So
ends the sorry tale of "advisory bulletins" confusing the public and rigging
land mines for Kentucky inspectors to trip over. (The trip wire in the FedPac "advisory" was
the word "removal." Inspectors
supposedly were not to say that "kryptonite" word when they saw a FedPac,
despite KRS 198B700(6)(b), which requires inspectors to "recommend" clients
"repair" or monitor deficiencies. The "advisory bulletin" admonished inspectors to tell clients some facts about FedPac breakers,
but be afraid to use the radioactive word "remove," a word the Board claimed "only" licensed
electricians could say.) It was a
misadventure best put behind us. Now it
is.
That
leaves only one possible land mine word still hanging around - the word
"termites."
We
hope it won't gnaw its way into the progress the KBHI has made at last. The KBHI has no more legal authority to
interpret or administer another board's licensing statute, such as the pest
control statute, than it had to interpret KRS Chapter 411. The idea that only a licensed pest control
operator can utter the word "termite" is as silly and baseless as the idea that
only an electrician can say a FedPac panel should be repaired or
"removed." Your neighbor is free to say either word; so are you. That's the small,
minor detail called "free speech" that protects every American's right to
express his opinions. Absolutely no license is required to name a bug when you
see one.
But
now the word has become an issue in a lawsuit against a Kentucky home
inspector. (As you might expect, PLI is helping
the inspector's defense. The inspector
did a good job, just as Ricardo did.
And, you guessed it, no "dues" collecting "association" has pitched in
to help that inspector, either - again.)
Chances
are good that the court will decide the termite question in the months
ahead. PLI will keep you posted. And we'll do our level best to help it turn
out right.
Meanwhile,
we hope the KBHI will start to tune in too.
For years, PLI has urged the board to stay on top of Kentucky court
cases and survey laws in other licensing states at least annually. But it never has. The KBHI would not have to start from scratch
every single time, and keep reinventing
wheels, if it just made an effort to keep posted, at least on Kentucky cases,
and better yet on the laws and cases involving home inspectors in all 30+
licensing states.
The
Board has a new lawyer now. Maybe the
time has come that it will put its lawyer to work keeping it on top of
inspection law where the rubber hits the road.
We're
looking forward to 2010! |
Indiana Panel Pushes End to Home Inspector Licensing
PLI Was There 4U
The
Home Inspectors licensing board in Indian may be erased, under a late
September proposal from Indiana's Professional Licensing Agency ("IPLA"). Elimination
of another eight licensing boards also was proposed by the IPLA. Indiana
legislators heard testimony on the proposal at an October 15 hearing of the
joint Senate-House Professional Licensing Study Committee in Indianapolis. Professional
Learning Institute ("PLI") was there for you. No
other Kentucky-based Law & Regulation CE provider showed up. KREIA was not seen, or heard. PLI's
Dean, Steve Keeney, our Law & Regulations Instructor, was invited to speak
at the hearing by Chairwoman Rep. Peggy Welch.
Rep. Welch helped lead passage of Indian's original home inspector
licensing law in. "If
adopted, the proposal would make Indiana stand alone in stripping protection
from home buyers at a time when virtually every state and federal agency in the
nation is scrambling to ramp up protections," Steve began in his testimony for
the panel. The
low number of complaints against home inspectors cited in the IPLA report
should not be considered a sign of failure, as the report claimed, Keeney said. No legislator on the panel would conclude
they were failing if they had very few complaints. The
real failure of home inspector licensing boards, in Indiana as in Kentucky, has
been the boards' failure to take a single unlicensed, fly-by-night inspector
off the streets in the half decade since each state installed licensing, Steve
continued. That's
mainly because they simply do not know how, and partly because the legislatures have
not given the boards easy tools to do the job.
Still, protecting the public from unqualified and unlicensed home inspectors is a job only
government can do, Steve said. It still
needs to be done, in Indiana as in Kentucky.
That public protection mission was and is a key goal of licensing. The
IPLA's proposal to put home inspector discipline in the hands of NAHI or ASHI
made a little sense on the surface, but would not work, he added. It's not their mission in life. The truth is that those groups survive
mainly on member dues money, which makes them unlikely to kill a dues-paying
goose. They also are unaccountable, have
no history of disciplining inspectors, and have no power to protect the public
by taking incompetent inspectors off the streets. Public protection is a governmental job. A
Indiana ASHI chapter head and former KBHI chairman Ralph Wirth, on behalf of
NAHI, also testified before the committee.PLI
will keep you posted - as always.
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CHRISTMAS SPECIAL
Special One-Time InterNACHI Membership Deal!
$97
($83.99 for PLI Alums)
Sign up
now, while this special deal still lasts.
PLI has done it again. By special
arrrangement - and for a limited time - you can join the National
Association
of Home Inspectors (NACHI, or "InterNACHI") for a steal -- under 100
bucks.
It's only through PLI! Regular annual membership is $289 this
year. Don't wait. This deal won't wait for you!
The fine print: You
must meet the NACHI membership requirements, which boil down to three free
quizzes. You will. (Check it out, and the price,
at www.nachi.org/membership.)
In
all our years inspecting, this is literally the best deal we've ever seen.
NACHI is, by far, the
richest web site for inspection info, tips, marketing ideas and more. It even has news almost as good as your PLI
newsletter.
NACHI's is one of three Standards of Practice adopted by the Ky Bd of Home Inspectors. You may remember, Steve practices under NACHI's SOPs. So does KBHI Chairman Mike Green. You could be in worse company!
We
know times are tough for lots of our friends.
We can't fix the world, but PLI works every day to get better deals for
home inspectors.
Our contract review deal already is the best
deal in Kentucky.
Lots of inspectors
already know our PLI alum legal discount is worth its weight in gold, whether
you're
coping with a 411 Notice, or defending a complaint, or just looking for
some
expensive tools or manuals.
And
everybody knows you can't buy better CE.
You won't get that anywhere else.
We promise. If you're interested
in any of those programs too, just ask when you call.
To grab this deal now, call PLI at
502-896-2020. They're only letting us do
this for a short time, so if you want in, pile in now. If you join with another inspector on one
check or charge, take another 10% off for both of you. It don't get no better'n that! |
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PLI Benefits
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IT ALL!
Only PLI delivers ALL inspectors needs.
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Professional Learning Institute
KBHI P-1001 CE-1002
502-896-2020
|
Lonnie & His Peppermills Alum of the Month
PLI is so
proud of its alums sometimes it feels like our shirt buttons will pop!
PLI has helped over 200 Kentucky
inspectors learn and advance - not to mention all the others in
other states. Among them there are recording artists, craftsmen in practically every
medium, car jockeys who wrench another dozen horses out of engines, veterans of
practically every construction trade, and much, much more.
Today, we begin a regular
feature to help you meet your fellow inspectors. We bet just a glimpse of all we do will
inspire us all!
Meet
Lonnie Combs, licensed home inspector in Louisville, PLI alum, craftsman,
retired master cabinet maker and furniture maker, and present master
woodturner.
He
turns out hand-turned pepper mills suitable for framing, and great for the
table too!
They're
mixes of walnut, birch, boxwood, cherry, banksia pod, and fiddle maple
in a gallery of over 40 different styles.
Some have cherry or beech inlays on top.
He
signs each unique piece on the bottom above its production number. Just like any other work of art.
He also creates wood sculptures, vases,
hollow forms and food safe bowls. Just
visit his home for an eye full.
He
shows and sells his work only at fine arts/crafts galleries and "juried" fine
art shows. Artists at juried shows have
to be picked by "juries" of other talented artists; they can't just rent show
space. His work is so outstanding, he's
even received "jury exempt" invitations, the highest honor at these shows, to
standouts like the Lincoln Center Craft Festival, New York City and the Nassau
Museum of Arts Craft Festival, Long Island, NY.
He was invited by the Kentucky Arts Council to show his work at the
Ryder Cup national golf tournament in Louisville last year. He exhibited at the Kentucky Museum of Arts
and Crafts Christmas Show for the last two years. His work also is on display at the Kentucky
Museum of Arts and Crafts.
You can see (and buy) his pieces at "Christmas
in Anchorage," Dec. 5 at the Anchorage School, Anchorage, KY, and the Kentucky
Museum of Arts and Crafts "Holidazzle 2009," 715 Main St., Louisville, now
through Dec. 23.
There's still time to order Lonnie's hand-turned
peppermills at his web site, www.topchefpepper
mills.com.
They're not cheap, but neither are handmade
clothes or cars -- or art!
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Readers Reply
Our issue on the KBHI's Federal Pacific
"reprimand" kicked open something to the left of a Pandora's Box and the right of a
hornet's nest.
So
much mail poured in that our service told us it was too much to send you
all. So this month's mail is trimmed
down to a "representative sampling," with three exceptions:
(1) There was only one critical mail, from Ray, a fine, veteran inspector who
helped write the FPE "Advisory Bulletin," so 100% of the criticism is included here.
(2)
We also got a "thank you" note from "Ricardo," the inspector who got
reprimanded for doing his job. Even
though the KBHI dragged his name through its muck in its meeting minutes, we
won't. So he's still "Ricardo" here -
name changed to protect the innocent. And (3) We ran out of room for mail from
out of state. (Quick summary: They think
the issue is like arguing over whether a travel agent can say you'll be flying a bi-plane on your next trip, as one put it. Another suggested we test the indoor air
quality in the board's meeting room. One
asked if I wasn't worried they'd take a shot at me next.)
Otherwise, we just
picked mail with popular themes. Oh, by
the way, the initials after each letter are coded, also
to protect the innocent.
More
permissions to republish the" FEP Reprimand" newsletter were granted than for
any prior article or newsletter. Even
"KREIA" asked for permission, which we gave for
free.
PLI
routinely gives permission to reprint its copyrighted articles at no charge,
provided permission is obtained in advance and a copy of the reprint is
provided to us. So feel free to ask
anytime. Some inspectors use PLI
articles in their business and marketing.
You're welcome to.
But
make no mistake: This is progress, but this isn't over yet.
So
here's mail call. Keep the cards, letters, and email comin'!
"Thank
you for your support and backing on my board issue. If it wasn't for your
backing and informative newsletters more inspectors would be "thrown to
the wolves". Your classes that I have attended have also been very
beneficial to me as well. We need more qualified people like you to help us
with our business issues. Thanks again."
-
Ricardo,
the Ex-"Reprimanded"
"Thank
you for the latest newsletter. It was very informative and a learning
experience in itself. Keep'um coming.
Great work on your part."
-
M.L.
"Thanks
a million for your issue on FPE. I am going to forward this to my State
Senator and Representative to see if they believe the KBHI is usurping
legislative prerogative. Your time and effort to keep us informed is both
admired and appreciated."
-M.H.
"Great
to see the passion for our profession in your Federal Pacific Reprimand
issue. I'd like to think the Board of
Home Inspectors had more backbone to stand up to other boards. It's performance is a little disappointing."
-
X. T.
"STEVE, THIS STARTED
WHEN INSPECTORS WERE REPORTING THAT BECAUSE THERE WAS A FEDERAL PACIFIC PANEL
INSTALLED THAT IT WAS A SAFETY HAZARD IN AND OF ITSELF WITH NO VISIBLE
PROBLEMS. THE STATE ELECTRICAL BOARD WAS CONSULTED WITH AND THE CHIEF
ELECTRICAL INSPECTOR AUTHORIZES THE BULLETIN. STEVE, OUR SOPS CALL FOR US TO
VISUALLY INSPECT THE ELECTRICAL SYSTEM AND NOTE IF THERE IS A PROBLEM (OTHER
THAN THAT IT IS A FEDERAL PACIFIC) AND REFER TO THE LICENSED ELECTRICIAN TO
EVALUATE THE PROBLEM. IF THE LICENSED ELECTRICIAN DEEMS IT SHOULD BE REPAIRED
OR REPLACED IT IS UNDER HIS LICENSES THAT GRANTS HIM THE AUTHORITY TO DO SO.
THE HOME INSPECTOR DOES NOT HAVE ANY AUTHORITY TO RECOMMEND REMOVAL/REPLACE THE
PANEL, PERIOD."
-
R.S.
-
Steve's Comment: R.S.'s email reminds us how important it is to
respect each others' professional opinion.
"Professional opinion" is at the heart of Kentucky's home inspection law
(KRS 198B.700(5), (6)(a)) and our practice.
I know, like, and respect R.S.
He's an experienced, skilled home inspector with a lot of homes and
years under his belt. I lost count of
all of R.S.'s old "calling card" "Smiley face" stickers I found on ductwork in
our market. R.S. also was involved in drafting the FPE Advisory Bulletin,
07-001.
Reasonable
inspectors can reasonably hold different opinions. So the first thing
I'd say is "This is a
conversation we should have had before
the Fed Pac advisory came out, instead of after." But that's water
under the bridge. Now that we're talking, it's great to have a
pro like R.S. in the conversation.
"You're
a real asset to our profession. Your FPE
newsletter is just the latest example. I
know how much you helped win my case too.
You can bet my tuition and contract review money will keep supporting
PLI. You deserve it, your CE is tops and
you support us. No other provider ever did anywhere near as much to help home inspectors as you do. Thanks.
-
C.F
Steve's comment: Thanks, C.F.! Everyone here really believes home inspectors
help make our world a little bit better
place than we found it. Inspectors are
out there alone plenty enough already.
We're always amazed that so-called professional associations keep
letting good, hard-working inspectors take hits from bullies and never
help. What's wrong with that
picture? I'm not looking for trouble,
but I'm not running from it either.
We're proud of all you inspectors who saddle up and head out solo no
matter what the weather, and do a fine job.
We all know a few will drag themselves home each year after falling off
a ladder or having a close encounter of the fourth kind in a crawl all by
themselves. We've got your back.
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In A Jam?
Out of time? In a special situation? Call. PLI offers private tutoring and other special individual
instruction.
Still Need 2009 CE Classes? Here's your next chance:
December 5 & 6th
Louisville
Coming Soon!
All New Classes for 2010. Please visit our website for subjects and dates.
Email PLI with your suggestions and comments for classes.
Remember: PLI always appreciates your photographs of those unbelievable sights that keep home inspectors talking.
pli4u@aol.com.
Call Lorri. 502-896-2020.
Provider # KBHI:P-1001 CE-1002
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We
hope you find this helpful Please remember this is an informational
and reporting service only. It is not legal, accounting, tax or other
professional advice. It is not a substitute for a knowledgeable
professional in the appropriate field acquainted with your individual
situation. Readers should rely on their own professional advice,
rather than any news or publication for their individual decisions.
We're all in this together. PLI stays closely tuned to industry and professional developments, though PLI
does not endorse or favor any organization, candidate or contribute to
any campaigns. Updates on selected topics may be available. Please
call or email.
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Everyone
Knows PLI
Teaches
the Fine Art of Home Inspecting
Superbly.
Only PLI Backs Its Inspectors Too.
FedPac
"Reprimand" - Gone.
Court Cases Won.
The Only One Standing By the Inspector in a Crunch
is PLI.
Count on PLI. We're Always There, a Phone Call Away.
Be
Careful Out There.
But If
Trouble Strikes,
We've Got Your Back.
502-896-2020 KBHI P-1001 CE-1002 pli4u@aol.com
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