Legislature(2001 - 2002)

04/30/2002 01:40 PM Senate L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
               HB  27-HOME INSPECTORS/CONTRACTORS                                                                           
                                                                                                                              
CHAIRMAN BEN STEVENS called the Senate  Labor & Commerce Committee                                                            
meeting  to order at  1:40 pm  and announced  HB 27  to be  up for                                                              
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  ROKEBERG, sponsor  of HB 27,  said that  right now                                                              
anyone who wants to call themselves  a home inspector can "hang up                                                              
a shingle." HB 27 seeks to protect  the homeowner and endeavors to                                                              
balance  the legal  responsibilities  of the  inspectors  together                                                              
with the  consumers and  those other  people who are  a part  of a                                                              
real estate transaction.  The version they are  working with, CSHB
27(FIN),  adds  the home  inspector  licensures  to the  specially                                                              
contract  and endorsement  section in statute.  He explained  that                                                              
several versions  of this bill have  a stand alone board,  but the                                                              
cost for the biennial  fee was in excess of $1,500.  So, they have                                                              
lowered  those costs  to $250  by  not establishing  a board,  but                                                              
creating an endorsement as a specialty contractor license.                                                                      
                                                                                                                                
CHAIRMAN STEVENS asked regarding  page 6, line 4, who requests the                                                              
inspection.                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG  replied that it could be  either a buyer,                                                              
a seller, a bank  "or somebody." It gives ownership  of the report                                                              
to the person who is purchasing it.                                                                                             
                                                                                                                                
CHAIRMAN STEVENS asked if anybody has the authority to order it.                                                                
                                                                                                                                
REPRESENTATIVE ROKEBERG replied that  anybody could, but there has                                                              
to be consent  from the purchaser of  the report to pass  it on to                                                              
someone  else. Typically,  a buyer  wants to  make an  offer on  a                                                              
home, puts  money down  contingent on a  home inspection.  At that                                                              
point a  home inspector is  hired by the  buyer and he  produces a                                                              
report.  In  this  case,  the report  is  in  the  buyer's  hands.                                                              
Typically, he  would give that to  the seller of the  house noting                                                              
the items that need repairs before  he completes the purchase. The                                                              
intent is to  keep the seller from  being able to pass  the report                                                              
around  to  other  parties  who  weren't  party  to  the  original                                                              
transaction giving  them standing to  bring an action  against the                                                              
inspector.                                                                                                                      
                                                                                                                                
SENATOR  TORGERSON   asked  regarding  page  3,   line  10,  where                                                              
"specialty contractor"  is defined and noted that it  is only used                                                              
once.                                                                                                                           
                                                                                                                                
REPRESENTATIVE ROKEBERG  said as he indicated, the  home inspector                                                              
under  this  legislation  is  a  specialty  contractor  under  the                                                              
contractor's  section of  the  statute, which  is  already on  the                                                              
books.                                                                                                                          
                                                                                                                                
CHAIRMAN TORGERSON noted that the  work is good for six months and                                                              
asked if that was an industry standard.                                                                                         
                                                                                                                                
REPRESENTATIVE   ROKEBERG   said  that   was   a  standard   after                                                              
discussions.                                                                                                                    
                                                                                                                                
MR. STEVE CONN,  Executive Director, AKPIRG, supported  HB 27, but                                                              
said   there  were   several   problems   with   it.  Section   AS                                                              
08.18.061(b),  related to  the bonding  has  a long-term  problem,                                                              
because the bonds,  which were set a long time  ago, are "woefully                                                              
low"  in terms  of  the actual  potential  damage.  "Ten and  five                                                              
thousand dollars is really almost laughable."                                                                                   
                                                                                                                                
Section  AS 08.18.061  talks about  the  exemptions, because  they                                                              
speak of non-applicability of certain  provisions when the work is                                                              
$10,000 or less.  He doesn't agree with that, since  a roofing job                                                              
that  cost less  than $10,000  should  have the  same legal  right                                                              
accorded to  it as anything  else. "To use  that as a  jumping off                                                              
place for an  exemption and at the  same time only bond  people at                                                              
$10,000 and $5,000 seems illogical to say the least."                                                                           
                                                                                                                                
The section related  to limits of liability is also  too short. On                                                              
existing homes AS  08.18.085 has a one-year provision  to bring an                                                              
action.  A  person who has an  inspection in the spring  might not                                                              
find  out  how   inadequate  the  inspection  was   until  it  has                                                              
experienced  an Alaskan  winter. Finally,  he thought that  cities                                                              
like Anchorage  and Fairbanks would  want to require a  bond based                                                              
on the realities  of their market, if the state is  going to allow                                                              
inspectors to be under-bonded.                                                                                                  
                                                                                                                                
REPRESENTATIVE  ROKEBERG   responded  that  this  is   a  business                                                              
transaction  and it  sounds like  he wants to  protect the  public                                                              
with a  "legal license." The  bonding requirement is  not intended                                                              
to pay  for someone's roof.  The inspections typically  cost about                                                              
$350.                                                                                                                           
                                                                                                                                
     People don't understand what  constitutes the inspection                                                                   
     report   and   what   liability   arrives   from   these                                                                   
     situations.  Heretofore  the  inspectors have  tried  to                                                                   
     limit  their liability to  the amount  of the fees,  but                                                                   
     the  courts in  the  state of  Alaska  found them  void.                                                                   
     They're  not   enforceable  contracts  because   they're                                                                   
     against  public  policy. This  particular  bill  outlaws                                                                   
     that explicitly  in the  black letter  law. But to  find                                                                   
     that we need to have the home  inspectors by omission as                                                                   
     a matter of  factual evidence is a matter  that could be                                                                   
     played out in  a court. We shouldn't be looking  to them                                                                   
     to right all the ills of a particular transaction.                                                                         
                                                                                                                                
MR. TOM MARTIN, Kodiak Board of Realtors,  said he also represents                                                              
the Alaska Association of Realtors and they support HB 27.                                                                      
                                                                                                                                
MR.   BILL   BRADY,  Chairman,   Legislative   Committee,   Alaska                                                              
Association  Anchorage Board  of  Realtors, said  he  is also  the                                                              
former President  of the Alaska  Association of Realtors  and that                                                              
they  support  HB 27.  They  strongly  believe  it is  a  consumer                                                              
protection bill and hope they pass it out of committee today.                                                                   
                                                                                                                                
MR. FRANCO VENUTI, Certified Combination  Building Inspector, said                                                              
he has  performed in excess of  3,000 inspections and  although he                                                              
supported  HB 27,  he  had some  questions  with  section 33  that                                                              
allows engineers and architects to  inspect rural areas for Alaska                                                              
Housing Finance  Corporation loans.  He understands that  there is                                                              
no  insurance   requirement  for   engineers  or  architects   and                                                              
inspectors are required to be insured.  He was also concerned with                                                              
AS 08.18.156, which is the extension  for home inspections. Item 8                                                              
effectively  eliminates the  requirement for  energy raters  to be                                                              
licensed under this bill, but energy  ratings are a very important                                                              
part of the  process and they  should be held just  as responsible                                                              
for them as the inspector.                                                                                                      
                                                                                                                                
Section  41,  the  transitional   licensing  provisions,  is  also                                                              
troublesome because  it states that  licenses would be  offered to                                                              
someone who has been in the home  inspection business in the state                                                              
on  October  1,  2001  and  has   passed  the  Building  Inspector                                                              
Examination   or  Property  Maintenance   and  Housing   Inspector                                                              
Examination  given by  the  International  Conference of  Building                                                              
Officials (ICBO).                                                                                                               
                                                                                                                                
     Most of the  ICBO inspectors who have been  doing Alaska                                                                   
     Housing  Finance Corporation  inspection for  properties                                                                   
     are certified combination dwelling  inspectors. That was                                                                   
     the certification  required when this process  went into                                                                   
     effect back in  '92. My question on this  requirement is                                                                   
     if   we   hold  the   combination   dwelling   inspector                                                                   
     certification  that some of us  in the business  view as                                                                   
     requiring a  higher degree of knowledge than  a building                                                                   
     inspector exam,  I'm wondering why they've  reduced that                                                                   
     requirement to only be a building inspector exam.                                                                          
                                                                                                                                
MR. VENUTTI  said he had another  concern with section 22  and the                                                              
requirement for insurance in AS 08.18.010(1),  which is not clear.                                                              
It  talks  about  requiring a  $20,000  property  damage,  $50,000                                                              
injury including  death for  one person  and $100,000 for  injury,                                                              
including death  for one  or more people  and he was  wondering if                                                              
that is the insurance requirement for this bill.                                                                                
                                                                                                                                
REPRESENTATIVE ROKEBERG replied yes.  They are just requiring very                                                              
limited liability insurance that any business should have.                                                                      
                                                                                                                                
     The  examination  that  that  gentleman  has  passed  is                                                                   
     certainly  going  to  be adequate.  The  home  inspector                                                                   
     examination given  by ICBO is  meant to be  an inclusive                                                                   
     term  of art to  include the  different categories  that                                                                   
     the ICBO provides  examinations on. So, that  should not                                                                   
     be a problem.                                                                                                              
                                                                                                                                
He said they considered bringing  the energy raters underneath the                                                              
bill, but because  they don't have the breadth  of knowledge, they                                                              
were determined  to  be in a  separate category  not regulated  by                                                              
this particular  bill. The architects  and engineers  insurance is                                                              
in  existing law  right  now and  is up  to  Alaska Housing.  "The                                                              
insurance  requirements are  almost  diminimous here,  so I  don't                                                              
think there's any problem."                                                                                                     
                                                                                                                                
SENATOR  TORGERSON asked  if  it would  hurt  to put  "equivalent"                                                              
after "International Conference of Building Officials."                                                                         
                                                                                                                                
REPRESENTATIVE  ROKEBERG said  stated to  "pass the building  home                                                              
inspector examination  or property  maintenance…" and  those would                                                              
be established  by regulation.  There are  various types  of exams                                                              
the ICBO gives.                                                                                                                 
                                                                                                                                
SENATOR TORGERSON  asked Mr. Venuti  if he was satisfied  that the                                                              
language is  broad enough  to cover an  examination that  he might                                                              
have taken.                                                                                                                     
                                                                                                                                
MR. VENUTI replied that he wasn't.  He wanted to see it in writing                                                              
so it wouldn't be interpreted wrong by someone else.                                                                            
                                                                                                                                
CHAIRMAN STEVENS asked him what he was licensed as.                                                                             
                                                                                                                                
MR.  VENUTI replied  that he  is a  combination building  dwelling                                                              
inspector.  This is the  certification that  most people  now have                                                              
who do Alaska Housing Finance Corporation inspections.                                                                          
                                                                                                                                
SENATOR TORGERSON asked who actually issued the license.                                                                        
                                                                                                                                
MR.  VENUTI replied,  "The  International  Conference of  Building                                                              
Officials,"  and  added that  the  examinations  in the  bill  are                                                              
entirely different.                                                                                                             
                                                                                                                                
SENATOR  TORGERSON said  that didn't  appear  to be  the case  and                                                              
asked if they had changed the process  or if he was looking at the                                                              
same  version of  the bill.  He said  that  Mr. Venuti  referenced                                                              
section  41, but  he actually  was referencing  section 43,  which                                                              
says,  "Pass  the  building  inspectors  examination  on  property                                                              
maintenance and home inspection issued by the ICBO."                                                                            
                                                                                                                                
MR.   VENUTI  responded   that   those  are   entirely   different                                                              
certifications  than  a  combination   dwelling  inspector,  which                                                              
includes  building inspections,  electrical inspections,  plumbing                                                              
and mechanical inspections.                                                                                                     
                                                                                                                                
REPRESENTATIVE   ROKEBERG   commented,  "The   housing   inspector                                                              
examination,  as given by  the ICBO,  are meant  to be generic  so                                                              
they would include  all those examinations that  are appropriately                                                              
given by the ICBO."                                                                                                             
                                                                                                                                
He appreciated Mr. Venuti's concern,  but the language is meant to                                                              
be inclusive.                                                                                                                   
                                                                                                                                
CHAIRMAN  STEVENS asked  if  his concerns  could  be addressed  in                                                              
section 31, the exemptions.                                                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG  replied  that  he didn't  think  so.  He                                                              
referred to section 7 on page 4 and  said the language is intended                                                              
to be vague.                                                                                                                    
                                                                                                                                
CHAIRMAN STEVENS asked  Mr. Venuti to write his  concerns down and                                                              
fax them in to his office.                                                                                                      
                                                                                                                                
MS. CAROL PERKINS, Partner, Active  Inspections and Energy Rating,                                                              
said she  does new  and existing  construction and energy  ratings                                                              
and that she has some questions with  the bill. She wanted to know                                                              
if the language  on page 5, line 21, AS 08.18.023,  applied to all                                                              
inspections.                                                                                                                    
                                                                                                                                
REPRESENTATIVE ROKEBERGY replied yes.                                                                                           
                                                                                                                                
MS.  PERKINS continued  her  questioning asking,  if  that is  the                                                              
case,  it refers  to  a report  that goes  back  to section  under                                                              
definitions  of reports  where it  says  they have  to notify  the                                                              
purchaser of the inspection as to  the limitations of their report                                                              
and their coverage.                                                                                                             
                                                                                                                                
REPRESENTATIVE ROKEBERG said he wasn't  used to being interrogated                                                              
by a witness.                                                                                                                   
                                                                                                                                
MS. PERKINS  clarified her  question saying  that section  32 says                                                              
home inspection means a legal examination  performed in accordance                                                              
with  standards  of practice  adopted  by  the  department…readily                                                              
visible  heating,  plumbing  etc.   She  explained  that  all  new                                                              
construction  has to be  readily visible  before they inspect  it.                                                              
Then there  is a list of inspections  they are supposed  to do for                                                              
Alaska  Housing  and  notification   they  are  supposed  to  give                                                              
regarding defects, which relates  more to existing housing than it                                                              
does to new construction. Other language  also applies to existing                                                              
construction  more  than to  new  construction.  She thought  that                                                              
references to  new construction  and existing construction  needed                                                              
to be clarified. She also questioned  what was meant by "valid" in                                                              
the section regarding the length of time the reports are good.                                                                  
                                                                                                                                
CHAIRMAN  STEVENS   said  he  thought  "valid"   referred  to  the                                                              
timeframe for any recourse.                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG said he had  talked with Ms. Perkins for a                                                              
long time and had answered all of her questions before.                                                                         
                                                                                                                                
MR.  WILLIAM BRUU,  Owner,  Ti-Le-An Management  Incorporated,  an                                                              
inspection firm  that has been doing  inspections of all  types in                                                              
the Valley for almost 15 years, he  said that he faxed his concern                                                              
to the sponsor, but he absolutely refuses to see his point.                                                                     
                                                                                                                                
     There are two types of inspections  here that are trying                                                                   
     to be legislated  or regulated by one regulation  and it                                                                   
     just  doesn't  work. The  home  inspector goes  out  and                                                                   
     looks at an existing home for  two to three hours on one                                                                   
     day and he's done. He never  goes back. In the meantime,                                                                   
     a new construction inspector  goes to a dwelling that is                                                                   
     being constructed  from the time the plans  are provided                                                                   
     to him until  the time the house is finished.  He may be                                                                   
     on-site anywhere up to 15 times  at that house. Not only                                                                   
     that, but when  he provides his final inspection  and he                                                                   
     signs  off  on  the  paperwork  as  required  by  Alaska                                                                   
     Housing,   the  paperwork  becomes   a  recorded   legal                                                                   
     document.  His  name is  attached  to that  dwelling  in                                                                   
     perpetuity.  This bill  just is so  confusing to  people                                                                   
     who  are inspectors  as to where  their liabilities  are                                                                   
     going  to be,  what they  are  going to  have to  insure                                                                   
     against  as far  as liabilities  are  concerned and  the                                                                   
     cost as indicated in the fiscal  note that's attached to                                                                   
     this is - and I think the sponsor  misspoke when he said                                                                   
     the  licensing  fees  would be  approximately  $250  per                                                                   
     year.   Our  best   estimate  for   the  population   of                                                                   
     inspectors  that  would  be  licensed in  the  state  of                                                                   
     Alaska is  just above  100 people. And  if you take  the                                                                   
     first year  cost of $16,500  as indicated in  the fiscal                                                                   
     note and you divide that by  100 people, that drives the                                                                   
     licensing cost  to over $800 per person.  Not only that,                                                                   
     but you add  on top of that that now requires  bonding -                                                                   
     and what you've done is you've  driven the overhead cost                                                                   
     for  an inspector  to well  over $1,000  per year.  That                                                                   
     money is  going to have to  be paid for by  somebody and                                                                   
     it will  be the  consumers and I  don't see how  driving                                                                   
     the cost  of obtaining  a house  up significantly  for a                                                                   
     consumer is a protection item.                                                                                             
                                                                                                                                
REPRESENTATIVE ROKEBERG  interrupted to  say the Mr. Bruu  has the                                                              
wrong information  and testimony  from the  last three  people are                                                              
from people he has been dealing with for three or four years.                                                                   
                                                                                                                                
     Frankly,  I  don't  think anything  will  satisfy  these                                                                   
     people.  As  my testimony  indicated,  this  approximate                                                                   
     $250 is going to be spread over  2,100 - 2,200 specialty                                                                   
     contractors. We've  changed the bill. He's  referring to                                                                   
     an  old version  - and  the fact  of the  matter is  the                                                                   
     distinctions  between  new   construction  and  existing                                                                   
     construction is understood by  me and is accommodated in                                                                   
     this bill. 'The requirements  of a homeowner or a lender                                                                   
     will  set  the  requirements   for  the  nature  of  the                                                                   
     inspection  and/or the individual  inspector does.'  All                                                                   
     he has is the requirement that it be written.                                                                              
                                                                                                                                
CHAIRMAN STEVENS said  he didn't receive Mr. Bruu's  fax and asked                                                              
him to send it again.                                                                                                           
                                                                                                                                
MR.  DAVID R.  OWENS, Owner,  Owens Inspection  Services, said  he                                                              
lived  in Alaska  since 1962  and  had been  a building  inspector                                                              
since 1983.  He currently opposed  the bill as written  and agreed                                                              
with  the   previous  speakers  regarding  further   clarification                                                              
needing  to  be  done to  separate  existing  inspection  and  new                                                              
construction. He  further agreed with  Mr. Venuti who  pointed out                                                              
that it is important to clarify what  examination was required for                                                              
new construction  and for existing construction,  because they are                                                              
quite  different. The  combination dwelling  inspection test  that                                                              
ICBO puts out  is a more appropriate one for  new construction and                                                              
that is an important point.                                                                                                     
                                                                                                                                
MR.  OWENS  said   that  he  is  also  opposed   to  repealing  AS                                                              
18.56.300(c),  which has  important  protection  language for  the                                                              
inspector.  It was put  there 10  years ago  by Alaska Housing  so                                                              
they wouldn't  be afraid to do  their jobs on new  construction by                                                              
being bothered with frivolous lawsuits from a minor oversight.                                                                  
                                                                                                                                
MS. ROBIN WARD,  Alaska State Homebuilders  Association, explained                                                              
that this  is a compromise  document that  industry has  worked on                                                              
for the  past three  or four years.  She believed  this is  a good                                                              
document. "The industries are equally  uncomfortable, but there is                                                              
a public benefit to the consumer by this legislation."                                                                          
                                                                                                                                
TAPE 02-26, SIDE B                                                                                                            
                                                                                                                              
SENATOR  AUSTERMAN asked  why  they limited  the  validity of  the                                                              
inspections to six months.                                                                                                      
                                                                                                                                
REPERESENTATIVE  ROKEBERG  said   the  concern  is  that  changing                                                              
weather conditions  with the seasons  could have an impact  on the                                                              
house. "They are trying to put people  on notice that there is not                                                              
a length of time to the report."                                                                                                
                                                                                                                                
SENATOR AUSTERMAN asked who he introduced the bill for.                                                                         
                                                                                                                                
REPRESENTATIVE ROKEBERG  replied, "For the people of  the state of                                                              
Alaska."                                                                                                                        
                                                                                                                                
He explained that they are repealing  immunity that the inspectors                                                              
are granted  under the  law now under  the Alaska Housing  Finance                                                              
Corporation.                                                                                                                    
                                                                                                                                
     Naturally they don't want to  loose that. That's what we                                                                   
     heard today.  That's where the squeak is,  because we're                                                                   
     removing  some of  the immunities  people are  operating                                                                   
     under to make sure they are responsible to the public.                                                                     
                                                                                                                                
REPRESENTATIVE  ROKEBERG said  that Alaska  Housing has  supported                                                              
this bill over the years.                                                                                                       
                                                                                                                                
SENATOR LEMAN  asked on  page 14,  line 12  and on, regarding  any                                                              
prohibition on an  offer to deliver compensation  as inducement or                                                              
reward  to the  owner  of the  property,  if that  would  prohibit                                                              
someone from engaging  in traditional business of  buying lunch or                                                              
giving a trinket.                                                                                                               
                                                                                                                                
REPRESENTATIVE ROKEBERG replied that it wouldn't.                                                                               
                                                                                                                                
SENATOR AUSTERMAN asked  if there was a current  law that requires                                                              
home inspectors.                                                                                                                
                                                                                                                                
REPRESENTATIVE ROKEBERG replied that  required inspections are for                                                              
local building codes and Alaska Housing  for new construction, not                                                              
for existing.                                                                                                                   
                                                                                                                                
MR.  OWENS  said   they  are  trying  to  regulate   an  activity,                                                              
inspection,  but  he  thought  the question  is  are  they  really                                                              
regulating the  whole activity or  just taking bits and  pieces of                                                              
it.                                                                                                                             
                                                                                                                                
     That's  what  we're  doing   in  this  bill.  We're  not                                                                   
     regulating  all people that  do inspection work.  A good                                                                   
     percentage  of them, I'd  say more  than 50%, are  going                                                                   
     unregulated. It's  just the people who do  existing home                                                                   
     inspections  and  new  home   inspections  under  Alaska                                                                   
     Housing and  I'm a little  bit unclear whether  it would                                                                   
     include  other  new  home  inspectors.   And  commercial                                                                   
     inspectors  are left  completely  out of  this, but  you                                                                   
     want to  regulate an activity,  you should regulate  the                                                                   
     whole group of people who do inspection work.                                                                              
                                                                                                                                
CHAIRMAN STEVENS said it was his  intent to move this bill on with                                                              
stated concerns to the Judiciary Committee.                                                                                     
                                                                                                                                
2:40 pm                                                                                                                         
                                                                                                                                
SENATOR  LEMAN moved  to  pass CSHB  27(FIN)  from committee  with                                                              
individual recommendations.  There were  no objections and  it was                                                              
so ordered.                                                                                                                     

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