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  1. #1
    Join Date
    Mar 2007
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    Capistrano Beach, CA
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    1,458

    Thumbs up New Laws/Rules that go into effect January 1, 2011

    I just recieved this email and was wondering what other states have new laws/rules that are now in effect.
    If you know of any please post them


    Check out this news from TREC

    New Rules Go Into Effect January 1, 2011
    • The minimum passing score on the professional inspector examination
    was changed from 80% to 75%. (22 TAC §535.209)
    • The maximum percentage of a classroom course that may be
    completed through field work was increased from 10 to 50%.
    (§535.213)
    • Advertising rules were modified to clarify that text messages and
    messages through the internet (such as social networking websites)
    are “advertisements” if they are created or caused to be created by an
    inspector for the purpose of inducing a member of the public to use
    the inspector’s services. These types of advertising must adhere to the
    usual advertising rules, but websites need only show the license
    number of the inspector(s) placing the advertisements on a single main
    page (such as an “about us” page). (§535.221)
    • Inspection reports must be delivered to the client within three days
    unless otherwise agreed to by the client. (§535.223)
    • Inspection reports must contain the name and license number of each
    inspector who participated in performing the inspection, as well as the
    names of the sponsor of any participating real estate or apprentice
    inspector. (§535.223)
    • Signatures of sponsoring inspectors are no longer required on reports.
    (§§535.223 and 535.224)
    • Changes were made throughout the rules to reflect a greater emphasis
    on online transactions and electronic delivery of notices and license
    certificates.
    • Additional changes are coming effective September 1, 2011:
    Every real estate inspector and professional inspector (but not
    apprentices) will be required to take a 6-hour course in Standards
    of Practice/Ethics/Legal Update in order to renew the license.
    TREC is currently accepting applications for these courses from
    providers, and we anticipate that the courses will be available as
    soon as this winter or spring. (§535.212)
    Applicants seeking to become licensed as real estate inspectors or
    professional inspectors will be required to take a specific number of
    hours in each core subject matter area (plumbing, electrical, report
    writing, etc.). See the TREC website for more details about this
    requirement. (§535.212)

    Find more details on this at TREC - Home Page

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  2. #2
    Join Date
    Oct 2003
    Location
    Rockwall Texas
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    4,519

    Default Re: New Laws/Rules that go into effect January 1, 2011

    Thanks for posting this Brian. I tried to copy and paste it but it was a mess. I've tried to completely delete the other post but it won't allow me. I go to edit and it does not have the delete function available to me.
    Can you go ahead and do that for me?

    Rick


  3. #3
    Join Date
    Oct 2003
    Location
    Rockwall Texas
    Posts
    4,519

    Default Re: New Laws/Rules that go into effect January 1, 2011

    If I waited 3 days to get a report to someone I'd be out of business.

    rick


  4. #4
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: New Laws/Rules that go into effect January 1, 2011

    Not sure if we should comment here as well but this is a small comment.

    Lowering a score for the state test????? What the heck is that all about. If anything it should be raised not lowered.

    Increasing field time to 50%. I am not quite sure if that is bad or good. I guess it depends on who they are doing their field work with. That is not always answering the overall knowledge base. I think the hours of class should increase for new inspectors and field time should increase for inspectors and the score of 80 should be at least 85%. If one is worried about new inspectors in the field and their knowledge you do not lower the standards you raise them and lengthen them.

    Having to take x amount of hours per core subject matter may be a good thing but limits puts the cost of this in the class supplier as in 100.00, 200.00, per course, who knows how much and then of course all the core hours combined could put a financial burden on some as they may want to take an extensive costly course on one subject. Each experienced inspector knows where they need the most brush up.

    Now it will be an HVAC course, Plumbing Course, Appliance course, SOP course, Ethics course, pool course (but not a core course), structural course etc. After all that comes the classes we wish to take to add to our overall knowledge.

    We might as well have to go back to school for another home inspector training course every 2 years. That is not a suggestion.

    Lowering class time and lowering score for new inspectors and raising the cost and course time for all inspectors. Hmmmm is all I have left to say.

    Brian

    If you want me to start a new thread with this instead of posting here I will copy and paste it to the new thread.

    Actually I already copied it if you want this thread just for new rule posting.


  5. #5
    Nolan Kienitz's Avatar
    Nolan Kienitz Guest

    Default Re: New Laws/Rules that go into effect January 1, 2011

    Lowering of the passing grade for the Professional Inspector level license in Texas (TREC) has been a discussion point now for almost one year. I first heard of the possibility 1Q10 and sent many messages to TREC (as did many others) in opposition to any such consideration.

    One (likely not all) of the of the reasons for lowering the passing score was an unintended consequence of some legislation in the last Texas Legislature that impacted the HI Schools and how they measure their graduates and their ability to pass the test the "first" time.

    Apparently the success rate of the schools to meet some % was dropping significantly and due to that it would impact that school's certification to teach the core classes. Thus the school's would lose their certification, could not teach the core classes, could not generate revenue, etc., etc..

    My opinion is that of: Follow the Money. Follow the Home Inspector School Lobby.

    To me this move has further lessened the credibility of being in this profession. As Ted has noted (and I had put in my letters to TREC) if anything the passing score should be increased and the bar raised higher to get better qualified inspectors in our profession.


  6. #6
    Join Date
    Mar 2009
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    Denver
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    893

    Default Re: New Laws/Rules that go into effect January 1, 2011

    ALL of InterNACHI's many free, TREC-approved, online courses use exams with a passing cut-off score of 80. This will not be changing.

    Lisa Endza
    Director of Communication
    InterNACHI

  7. #7
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: New Laws/Rules that go into effect January 1, 2011

    Quote Originally Posted by Lisa Endza View Post
    ALL of InterNACHI's many free, TREC-approved, online courses use exams with a passing cut-off score of 80. This will not be changing.
    '
    Stop it. You already have a banner below. You are showing what you should not be. Be professional.


  8. #8
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    Mar 2009
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    Denver
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    893

    Default Re: New Laws/Rules that go into effect January 1, 2011

    ???

    I think InterNACHI keeping its passing cut-off scores high is the "professional" thing to do.

    Actually, our passing cut-off scores are even higher as each category of each exam has a passing cut-off score of 80. You can't be strong in all categories but one, and expect to pass.

    Lisa Endza
    Director of Communication
    InterNACHI

  9. #9
    Robert Pike's Avatar
    Robert Pike Guest

    Default Re: New Laws/Rules that go into effect January 1, 2011

    Quote Originally Posted by Rick Hurst View Post
    If I waited 3 days to get a report to someone I'd be out of business.

    rick
    You and me both!


  10. #10
    Join Date
    Mar 2007
    Location
    Healdsburg, CA
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    1,741

    Default Re: New Laws/Rules that go into effect January 1, 2011

    This entire thread is one huge joke, right Brian?
    Lowering the bar for wannabe home inspectors is insane, but what do I know?


    Jerry McCarthy
    Building Code/ Construction Consultant

  11. #11
    Join Date
    Jul 2007
    Location
    Chicago
    Posts
    930

    Default Re: New Laws/Rules that go into effect January 1, 2011

    There were a few changes in Illinois,but nothing that matters enough for me to remember what they were.


  12. #12
    Join Date
    Jul 2008
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    Snowbird (this means I'm retired and migrate between locations), FL/MI
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    Default Re: New Laws/Rules that go into effect January 1, 2011

    If the max field work was 10 and is now 50%, I take it there was no and remains no minimum field work or field experience requirement.

    Is that the case? perhaps that's where some lobbying efforts would prove (anti 100% internet) beneficial?


  13. #13
    David Cortez's Avatar
    David Cortez Guest

    Default Re: New Laws/Rules that go into effect January 1, 2011

    I think lowering the score is probably the wrong solution to the real problem. My recollection is that the test was poorly written. I made comments throughout, however, we never hear anything about those comments. I ran across poorly or vague questions, or answers that were based on opinion rather than fact. I kinda liked that we had to score higher as a professional, but like was mentioned earlier the schools pay for lobbyist to change the law in their favor.


  14. #14
    Ted Menelly's Avatar
    Ted Menelly Guest

    Default Re: New Laws/Rules that go into effect January 1, 2011

    Quote Originally Posted by H.G. Watson, Sr. View Post
    If the max field work was 10 and is now 50%, I take it there was no and remains no minimum field work or field experience requirement.

    Is that the case? perhaps that's where some lobbying efforts would prove (anti 100% internet) beneficial?
    My personal opinion is that there should be no inspectors of homes coming into the field with little to know in-depth knowledge (many years in the field/book/class knowledge).

    I know inspectors that never saw the inside of a wall and everything that goes into building a structure, took some online classes, started inspecting.

    Unless someone can absolutely prove that they have long term experience in the field surrounded in and especially involved in every trade (actual work or prolonged supervision in some way such as contractor or super), they should take all class work and then extensive field work as in supervised in an apprenticeship for a year. My understanding is that Texas use to require apprenticeship but dropped it. I believe you had to be an engineer, architect or long term builder/supervisor.

    Now they have gone to lowering the pass score on the state exam and possibly reduced class time in favor of up to 50% field time. You must know something of building before making calls on such. Field work pointing to a crack and not having an understanding of why it may have cracked is absolutely foolish.

    I see countless reports that actually call out step cracks, pressure cracks in the brick work and foundations as well as angle cracks over doors and windows and across exterior walls in the drywall and differential settling as well as doors not closing or closing but seriously out of square and call it, normal settling for a home of this age, and move on to the next subject with no recommended follow up.All the items above that inspectors actually write up....I was talking about in the same home in one inspection. Those inspectors are the Realtor friendly inspectors and should be banned from the field of professional home inspector.


  15. #15
    Nolan Kienitz's Avatar
    Nolan Kienitz Guest

    Default Re: New Laws/Rules that go into effect January 1, 2011

    Quote Originally Posted by Jerry McCarthy View Post
    This entire thread is one huge joke, right Brian?
    Lowering the bar for wannabe home inspectors is insane, but what do I know?
    JM - No it is absolutely true. Not even close to being a joke. Many of us TX HIs have been fighting this since we first got wind of it 1Q10.

    All of the HI associations (local and national) were advised of this and there was not a lot of input from most of them and/or the members.

    When it was proposed by TREC Staff we knew immediately that no matter what defense was put up it was a lost cause.

    The HI schools in TX have the lobby and they prevailed on this matter concerning the lowering of the passing score. As noted in my post it was related to those schools keeping their TREC certification to teach/hold class/make money.


  16. #16
    Mike Boyett's Avatar
    Mike Boyett Guest

    Default Re: New Laws/Rules that go into effect January 1, 2011

    Nolan, I agree with your comments but know there are also other forces at play regarding this. I don't want to hijack this thread so you can read my opinions here if you like.


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