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     Flash Lites               February 2012

Stimulus from KBHI  

 

Gov Says Cut.  Board Stimulates Itself - With a (Perpetual) Bonus +300%.  

Inspectors Get $50 Off.  Once.

More New KBHI Regulations.  Again.


In This Issue
KBHI Proposes New Regs
How To Rate Boards
Your LIcense for a Misdemeanor
Buddy Can Ya Spare a Dime?
$50.00 dollars off Renewal

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Ky Bd Proposes

New Regs That: 

1. Lets it deny or refuse to renew

licenses for any misdemeanor - not just theft or sex offenses, as it is now -- a move prohibited by statute.

2.  Raises Board members pay by about 300% -- per day, and not just for attending meetings, as it is now.  In fact, it invents a whole new definition of "per day."

3.  Throws in 3 CE credits each year for "appointment to the Board."

4.  Knocks $50 off annual license renewals -- one time, to 7/1/14.

5.  Tells anyone failing the national exam 5 times to hit the road.  (No one on the Board has taken the national exam.)

6.  Limits credits for teaching any course to 3 CE hours/year. 

Board to Hopeful Home Inspector:

 

Drop Dead.

 

   Anyone who fails either national home inspector exam five times would be permanently locked out of home inspecting in Kentucky, if a new Kentucky Board of Home Inspectors regulation goes through.

     "An applicant who failes to pass the examination five (5) times shall not be eligible to retake the examination and shall not be eligible to apply for a license," according to the newly proposed regulation, 815 KAR 6:010.

    A hearing on the new regulation is February 21 at the Board's rental "office" at 911 Leawood Road, Frankfort.  Comments can be filed with the KBHI Administrator, Tony Crockett, at the same address.

     No member of the KBHI ever has taken either national exam, or passed, as far as we can tell.

     Some people take national exams -- in law, in medicine, and in other high stakes fields -- dozens of times, until they get it right.  And the research shows that by the time someone has worked that hard to pass, they often know more than others who passed the first time.  (There are lots of reasons people pass the first time, too, and those can include luck.  The national exam is not an IQ test.)

   Individual decisions always are superior to arbitrary ones.  It's worth a little thought.  

 

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Call Lorri.  

502-896-2020.

 

Provider #  KBHI:P-1001 CE-1002 KBPE License # R-0403
HOW TO RATE BOARDS -- AN OWNER'S GUIDE
 
   The easy way to compare boards is to compare peer group boards, or equivalent operations.
     The KBHI includes members chosen by the Realtors (KAR), whose licenses are handled by the Kentucky Real Estate Commission (KREC).  There also are KBHI members from  Homebuilders (HBAK), and the Kentucky Manufactured Housing Institue (KMHI).
     So how do those boards spend the money they get from the professionals in their groups?  Start with real estate agents.  (Homebuilders are not state licensed.)
     The real estate sale agent or broker license application fee is $60 a year.  So is the renewal.
    The Kentucky Real Estate Commission (KREC) provides group E&O (professional errors & omissions) insurance for all licensees -- at about $107 per year, or $214 for three years ($1 million total).  It's good for clients, and good for licensees.  Home inspectors are left on their own by the KBHI -- and pay over ten (10) times as much.
    KREC spent about $35,000 printing brochures and information for the public.  That's not counting $7,500 for it's State Fair booth. And it kept legal services at about $10,000 for 2011 -- a total the KBHI probably will exceed by the end of March.  We could go on, but you've got the picture.
     KBHI has never done a thing at the State Fair.  It has never published a thing for consumers.  It has not helped deliver E&O insurance -- a safety net for the public and the profession.  We could go on .... maybe you should keep comparing.
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Greetings!

    Read All About It!  New regulations proposed by the Kentucky Board of Home Inspectors take up most of this issue, unfortunately.  We're all for change.  We teach the latest reporting forms, and bring the hottest deals to PLI alums.

   Yet, when it comes to rules -- whether it's football or your driver's license -- there is a lot to be said for keeping the rules the same.  Kentuckians were just starting the get the home inspecting rules straight.  Then, for no particular reason, the Board began rewriting the rules, helter skelter.  Not the one or two that were broken -- like the complaint process (it's been sitting on that for years).  Just here and there, out of the blue.  No one petitioned the Board for any changes, iuncluding these.

     Meanwhile, the Board let hundreds of thousands of dollars of home inspector license fees get swiped -- we mean, "swept" -- away.  It could have shown Kentuckians how home inspections protect them, and how they work.  It went up in smoke. 

     That was not this Board.  But it will be soon.  If this Board does not start putting home inspector fees to work, as it was supposed to all along, the money will be gone again, soon.  We're still crossing our fingers this Board will  help out.  But, to date, not one brochure for real estate agents.  No E&O insurance for inspectors and the public.  No client protection fund.  Nothing -- but word game regs.  Time is running out. 

     So here's the latest, if not the greatest, news.  If these regs disappeared today, the world be would be just fine.  But if license money keeps disappearing, that is a different story.  The real job is getting some bang for the licensing buck.

    Thanks for all your support!  And stay safe out there!     

Your License for A Misdemeanor,
Any Misdemeanor!
-- KBHI Proposes in New Regulations 
Feb Newsletter 
 
  
  Operating a nudist colony for religious reasons with no permit from the county judge may be the next far-fetched thing the Kentucky Board of Home Inspectors (KBHI) picks to chase a license.  It's a misdemeanor.  One of many.  Many.  Many misdemeanors, down to nudist camps.  Or marrying your cousin.
     Hard as it is to believe, the KBHI just proposed making any misdemeanor enough to yank a license, or deny a new one.  It's part of the KBHI's proposed changes to our home inspector licensing regulation, 815 KAR 6:010.
     Today, only a misdemeanor "involving theft or dishonesty" or a "sex offense" counts under the regulation.  Theft and sex offenses are pretty directly connected to going into homes to inspect.  Running a nudist colony is not.  So why change to any misdemeanor? Anytime?  It's a "fix" looking for a problem.  What's the point?
      That's the main reason rules like the proposed reg are just plain against the law.  The proposal also undoes the very carefully considered decisions the KBHI made -- following the law -- which have worked fine, for years.  Decisions of past Boards, and Kentucky law, both deserve a little more respect.  So do home inspectors.  There's also something to be said for not changing rules that the public and others have just gotten used to.  All true.  And still, the real question is why is the KBHI breaking the law again? 
     "No person shall be ... disqualified from pursuing, practicing, or engaging in any occupation for which a license is required solely because of a prior conviction of a crime..." unless it "directly relates" to the licensed occupation.  KRS 335B.020.  You might think that was a common sense, obvious and fair law.  Most people do.
     The Board would know about KRS 335B.020 if it was committed...

 

Read the complete story on our website.

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RedSkelton   Buddy Can Ya
Spare a Dime?
Board Votes Itself a 300% Pay Hike 
   in New KBHI Regs
     

    

 

     The Kentucky Board of Home Inspectors (KBHI) wants a raise.

     They think they can scrape by with about a 300% raise, bare minimum.  It's the "bare minimum," because that would be the new guaranteed base pay.

     But that's not all.  They're tucking even more pay checks away in their brand new pay raise regulation, 815 KAR (Kentucky Administrative Regulations) 6:070, slipped in on Jan. 13, 2012, on the Q.T.

     Why not just 350, the roasting point of a turkey?

     Right now, the Board gets paid a "per diem" (per day) rate for each day a member attends a meeting.  They want more.  So the new reg also would let the Board write themselves checks for "otherwise engaging in the in-person, face-to-face duties of a member of the Board as approved by the Board."

     No one has the slightest idea what that means.  No home inspector law sets out any "in-person, face-to-face duties" of a Board member -- other than attending meetings.  But you can wager it means at least one thing -- they will put more home inspector money in their pockets, and bank even more on top, buying themselves more meals, hotel rooms, drinks, and gas. 

     The Governor -- who appointed most of the Board members -- gave himself a pay cut and ordered across-the-board cuts throughout state government.  This Board is above all that.  Even getting paid for going to meetings is not enough.  Now they want more -- for not going to meetings, just going "in-person, face-to-face," uh, somewhere, sometime, because, well, they say so.  Does gin at a bar count?  Sounds like "face-to-face, in-person." 

      You might feel a little Scotch, hassling a guy over $100 a day.  But there once was a time when the honor of the Governor appointing you to serve the public was plenty. 

       Those Board members are not the only ones having a hard time, though.  Every dime that goes into the Board pockets comes directly out of home inspector pockets.  Home inspectors are having a tough enough time right now that more drop out most months than renew their licenses.

     In fact, Kentucky as a whole is having a pretty tough time.  The Governor cut back the budget about 23%, after his own pay cut.

     Some Board members say they need a raise to attract good candidates to serve on the Board.  Of course, the old pay -- $35 a day, for meetings only -- attracted each of them.  They're not saying that they, themselves, are crumby Board candidates, of course.  They're just saying they really are Secret Heroes, and no one else would conceivably be wacky enough to go on the Board -- like they did, for today's chinchy $35 per day.  Isn't it obvious it would take top dollar -- $65 more -- to reel in those stellar candidates today?  Did we mention there also are three people applying to fill the one vacant seat on the Board today?  And every other seat was filled under today's pay, with more applicants than seats?

    Some inspectors think the Board should "earn" any raise.  They figure any Board whose main achievement was blowing over a quarter-million dollars in home inspector license fees still has not earned any pay.  There are even some who think the Board should pay back the daily pay it took if cannot figure out how to do anything worthwhile with all those license fees in the last six years.  Call it the Ron Paul school. 

     Call it another $100 down the same charity.

     Or, call it the way you see it -- and show up at the hearing on the new regulation.  It's Feb. 21, 2012 at 1 p.m. at the Board rental "office," 911 Leawood Drive, Frankfort, KY 40602.  If you're going, send a note to the Board administrator, tony.crockett@ky.gov.  You know Steve will be there.  Always is.  If you want to send written comments instead, they go to Tony Crockett, at the same address.  Written comments are due there by Feb. 29, 2012.  Feel free to call PLI if you'd like to kick around ideas before you comment.

     The full text of the regulation is online at http://www.lrc.ky.gov/kar/815/006/070reg.htm

SEND COMMENTS

GO TO THE HEARING 
     A public hearing on this administrative regulation will be held on February 21, 2012, at 1:30 p.m., local time, at the Kentucky Board of Home Inspectors,911 Leawood Drive, Frankfort, Kentucky.
     Individuals interested in being heard at this hearing shall notify this agency in writing five (5) workdays prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation.
     If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments will be accepted until close of business on February 29, 2012.
     Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to:

 

      CONTACT PERSON: Tony Crockett, Board Administrator, Office of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40602, phone (502) 564-3296, fax (502) 564-4818.

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"$50 OFF" -- ONE-TIME ONLY -- SPECIAL

ON HI LICENSE RENEWAL FEES,  

Ky Board Proposes in Reg Change

                                     

     Here's good news:

     Home inspectors get $50 off the yearly license renewal, if a new regulation changed from the Kentucky Board of Home Inspectors (KBHI) goes through.

     It is about time.  Even though it's just one time, one budget, and $50, a year.  Never mind that Board members are giving themselves $65 -- a month -- forever -- in the same regulation package.  It's just that $50, compared to the Board vaporizing almost $ 800 per inspector in budget "sweeps," hardly covers it.

     The $50 off would kick in for licenses that "expire" by your renew by June 30, 2014 (and after July 1, 2012).  (If your license "expires" before July in 2012, or after June, 2014, you're poop outa luck.)

     Inside that one-shot window, the renewal fee will be $200 per year.

     It is about time home inspector licenses settled back down to earth, of course.  (Renewals are $60 for real estate agents or brokers, as a comparison, and their board actually does stuff to help licensees, like public awareness campaigns.)

     But why just one year?  If $200 is a good number in 2014, why isn't good from now on?  You have to think they're overcharging -- since nearly $300,000 in cash was "swept" out of the KBHI account since 2008.  Gone.  Poof.  In state government, use it or lose it.  The KBHI lost it.

     Here's the trade:  You get $50 off, one time.  The Board grabs $15,000 more a year, at least -- every year.  That's how the bonus pay hike the KBHI voted for itself works. 

 

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Please Read
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.
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Sincerely,

Lorri Keeney

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