Legislature(2001 - 2002)

05/10/2002 05:26 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
                HB 27-HOME INSPECTORS/CONTRACTORS                                                                           
                                                                                                                                
MS. JANET SEITZ, Staff to Representative  Norman Rokeberg, sponsor                                                              
of  HB  27,  said  HB  27  would  require  registration  for  home                                                              
inspectors   along   with   certain   educational   and   practice                                                              
requirements.                                                                                                                   
                                                                                                                                
SENATOR  THERRIAULT  moved  the  work  draft (Version  V)  as  the                                                              
working document before the committee.                                                                                          
                                                                                                                                
There being  no objection,  Version V was  adopted as  the working                                                              
document before the committee.                                                                                                  
                                                                                                                                
CHAIRMAN TAYLOR  asked Ms.  Seitz to explain  the changes  made in                                                              
Version V.                                                                                                                      
                                                                                                                                
MS. SEITZ said  Version V does not contain the  section that dealt                                                              
with  legal   actions  against  home  inspectors   and  associated                                                              
language  requiring  a report  to  be filed  on  an existing  home                                                              
within two years  and a new home within one year.   She said there                                                              
would  be   no  contractual  limitation   of  liability   of  home                                                              
inspectors according to Sec. 17.                                                                                                
                                                                                                                                
CHAIRMAN  TAYLOR   asked  Ms.  Seitz  for  the   location  of  the                                                              
provisions that would allow only two certifying entities.                                                                       
                                                                                                                                
MS. SEITZ said  those provisions were  in Sections 7 and  43.  She                                                              
said Sec.  7 would require  passage of appropriate  examination to                                                              
get  a home  inspector's license  and  Sec. 43  would provide  for                                                              
transitional licensing.                                                                                                         
                                                                                                                                
CHAIRMAN TAYLOR said those two entities  were the American Society                                                              
of  Home Inspectors  (ASHI) and  the  International Conference  of                                                              
Building Officials (ICBO).                                                                                                      
                                                                                                                                
MS. SEITZ said that was correct.                                                                                                
                                                                                                                                
CHAIRMAN  TAYLOR   asked  if  that  would  include   the  National                                                              
Association of Home Inspectors (NAHI).                                                                                          
                                                                                                                                
MS. SEITZ said no.                                                                                                              
                                                                                                                                
CHAIRMAN  TAYLOR asked  if the  American  Home Inspector  Training                                                              
Institute (AHITI) was a different school.                                                                                       
                                                                                                                                
MS. SEITZ said it  was.  She said  ASHI had an Alaska  chapter and                                                              
the  Alaska  Housing  Finance  Corporation  (AHFC)  required  ICBO                                                              
certification for new construction.                                                                                             
                                                                                                                                
5:37 p.m.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  ROKEBERG, sponsor  of HB  27, said  he reviewed  a                                                              
number of  other entities offering  training and  testing services                                                              
that expressed interest in being  included.  He said ASHI and ICBO                                                              
were well  respected throughout  the country.   He didn't  want to                                                              
list  every  particular  entity   and  would  not  object  to  the                                                              
committee adding a  provision that would allow  inclusion of other                                                              
entities by  regulation.  He didn't  want to exclude  any entities                                                              
but  wanted  to  be  sure they  were  reviewed  before  they  were                                                              
approved.   He said  the legislature didn't  have the  capacity to                                                              
review each of the entities.                                                                                                    
                                                                                                                                
CHAIRMAN  TAYLOR  said HB  27  limits  certification to  just  two                                                              
entities.  He  received correspondence from someone  who suggested                                                              
also  including  NAHI and  AHITI  because those  entities  offered                                                              
training and testing services.  He  didn't want to pass HB 27 only                                                              
to discover that  a good portion of the home  inspectors in Alaska                                                              
could  no longer  practice because  they  got their  certification                                                              
from some other entity.                                                                                                         
                                                                                                                                
REPRESENTATIVE ROKEBERG said he had  been working on the issue for                                                              
four years  and that work  spawned the  Alaskan ASHI chapter.   He                                                              
said  there was  some  competition  between ASHI  and  one of  the                                                              
entities  Chairman Taylor  mentioned  but he  didn't believe  that                                                              
affected  Alaska.   He felt  comfortable including  only ASHI  and                                                              
ICBO.                                                                                                                           
                                                                                                                                
CHAIRMAN  TAYLOR  moved  conceptual  Amendment  1  to  change  the                                                              
semicolon on page 4, line 24 to a  comma and add AHITI and NAHI to                                                              
the list  of eligible  entities offering  examination and  courses                                                              
for inspecting existing homes.                                                                                                  
                                                                                                                                
REPRESENTATIVE ROKEBERG was not sure  of the quality or competency                                                              
of AHITI and NAHI.                                                                                                              
                                                                                                                                
SENATOR THERRIAULT  asked why  it would  be preferable  to specify                                                              
certain  entities when  there could be  other qualified  entities.                                                              
He said  they could  delete all of  the language  from line  20 to                                                              
line 27 on page 4.                                                                                                              
                                                                                                                                
REPRESENTATIVE ROKEBERG  said there must  be basic standards.   He                                                              
said  AHFC   required  ICBO   certification  for  inspecting   new                                                              
construction.    He said  Senator  Therriault's  suggestion  would                                                              
lower requirements  and he  didn't think they  wanted to  do that.                                                              
He said  existing home  inspection certification  was what  was at                                                              
issue and ASHI was the normally accepted standard.                                                                              
                                                                                                                                
CHAIRMAN  TAYLOR  said  members  of  the  committee  had  received                                                              
correspondence from  people who wouldn't be able to  get a license                                                              
unless they went back through the educational process.                                                                          
                                                                                                                                
REPRESENTATIVE  ROKEBERG had reviewed  some of  the entities.   He                                                              
read the  complete curriculum from  one of the  entities mentioned                                                              
that was in a one-room second-floor  walk-up in Connecticut and he                                                              
didn't   believe   they  had   sufficiently   demonstrated   their                                                              
qualifications  to be included  in HB 27.   He said  entities that                                                              
could show sufficient qualifications should be included.                                                                        
                                                                                                                                
CHAIRMAN  TAYLOR   said  he  wasn't   concerned  with   where  the                                                              
inspectors got  their certification  because they would  be liable                                                              
if they did anything wrong.                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG said the  same change  should be  made on                                                              
page 22, line 6 to be consistent.                                                                                               
                                                                                                                                
CHAIRMAN TAYLOR said  they could change the "or"  on page 22, line                                                              
6 to an "and."  He said that would  require all inspectors to take                                                              
an examination by the board.                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERG said there wasn't a board.                                                                              
                                                                                                                                
CHAIRMAN TAYLOR said  the language on page 22,  lines 7-8 referred                                                              
to, "the Examination  Board of Professional Home  Inspectors."  He                                                              
asked if HB 27 created that board.                                                                                              
                                                                                                                                
MS.  SEITZ said  that examination  was  already given  by a  group                                                              
called Professional  Home Inspectors and some people  in the state                                                              
had already taken that examination.                                                                                             
                                                                                                                                
CHAIRMAN  TAYLOR  reiterated  that conceptual  Amendment  1  would                                                              
include AHITI  and NAHI on  page 4, line 24  and page 22,  line 6.                                                              
He asked if there was any objection to Amendment 1.                                                                             
                                                                                                                                
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
SENATOR  COWDERY moved  SCS  CSHB 27(JUD)  out  of committee  with                                                              
attached fiscal notes and individual recommendations.                                                                           
                                                                                                                                
There being no objection, SCS CSHB  27(JUD) moved out of committee                                                              
with attached fiscal notes and individual recommendations.                                                                      

Document Name Date/Time Subjects