Nolan Kienitz

I sent another letter to Governor Rick Perry's office this week (2nd letter since SB 914 came to light) expressing my concern about the amendment, etc., etc.

I was taken aback this afternoon when one of his staffers called me to discuss the letter and share the Governor's views. The call lasted for 45-minutes and we covered many, many things regarding this amendment, bill, TREC and general politics. It was a very good and enlightening call.

He is in agreement with our views about the 11th hour way things were handled and is not at all pleased with the Plano Representative. She (Governor's staffer) said the TDI provided the range of insurance cost that began with $1300 ... ergo the number put in his statement for signing.

Line item veto is not available for such bills ... only those dealing with budget ... else he would have exercised that option to remove it.

Bottom line is that we need to speak up (diplomatically) to be heard. The call I received today was a sample of that.

We're not always going to get what we want, but if we don't vote and exercise our voice (again ... diplomatically) we won't get anything done.

I would also suggest that we all get involved in at least some of our representative organizations and work through those channels as well as a combined resource.

ASHI, TAREI, NACHI ... I belong to some, but not all (again we all have to watch budgets), but whatever the group it would be a combined effort that "may" help.

I received an update from a legal contact of mine at TREC. A very good person who works hard to provide data as best as possible.

I've pasted some of the data below for review.

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Now that the Governor has signed (confirmed 06-20-07) SB 914 into law, TREC has requested that the Attorney General clarify the general vs. professional liability issue. Because it can take 180 days or more to receive a response, at its last meeting the Commission issued agency staff a policy directive to treat this bill as requiring professional liability insurance until and unless we hear otherwise from the Attorney General. (The reference to Subchapter G, which includes negligence and incorporates the Standards of Practice, strongly suggests that the legislature intended this requirement to be professional liability insurance. However, because "negligence" can occur in a number of ways, the amendment could be determined to require both professional and general liability insurance.) Once the Attorney General's Office receives and processes the request, you should be able to track it at http://www.oag.state.tx.us/opinopen/opinhome.shtml.

The insurance requirement will phase in over the next 2+ years as inspectors' licenses renew. Renewals on or after September 1 will have to show proof of insurance. There is only a 90-day renewal window before a license expires, so a license that expires at the end of April 2008 cannot be renewed until February. (The agency will also require inspectors who needed to show insurance to obtain or renew the license to maintain it between renewals.) The law does not require inspectors' insurance policies to extend coverage to agents, although I understand that this is a common term of these policies.

I am not sure where the Governor's $1300 figure came from. TREC does not track insurance companies or prices, although we may begin a list of companies that offer the insurance once we start to receive that information with applications and renewals.

SB 914 also made several changes to the Inspector Committee, as recommended by the Sunset Commission. The Committee will still be provided for in Chapter 1102, although it will become an advisory committee. The current Committee functions in an advisory capacity, so the change to an "advisory committee" mostly means that different provisions of the Government Code, rather than Chapter 1102, regulate its functioning, and (most importantly) its members will now be able to meet by teleconference. (Meetings will still be posted publicly, and they will be broadcast in real time - presumably by speakerphone - at TREC. We are still working out all of the details of the changes.)

You are correct that the corporation/LLC inspector license requirement was abolished in this legislative session. That change was made through HB 1530 and will also become effective on September 1.

Gary,

Does that mean the stopper is not working?

Originally posted by PAbernathy

Here....If you are going to inspect many Pool and Spa setups...here is a handy guide for you

http://www.mikeholt.com/files/PDF/Pooldownload.pdf

Paul,

As always thanks for great information and support.

Buster,

It is not as easy as just looking at the numbers. #'s do well in laboratory situations, but seldom do you get that in actual practice.

As Jim noted above ductwork is key. You can have the highest end system available and a crappy duct installation and your SEER value drops like a rock.

I've worked with many HVAC folks who are real pro-active on such and the bottom line is that trying to nail the "actual" SEER rating of an installation is not easy.

I fully understand your personal need and want. I am very similar, but for the builder to automatically say you have this or that .... does he have documentation and test results of "your" installation?

No way would I be reaching beyond to that point on a Telesteps.

Too "da--" wobbly.

I carry similar product, but rely on my Little Giant. Much safer.

Don't you love product marketing?

New Home Final inspections are an absolute necessity. Too many things simply overlooked by an over-extended superintendent trying to cover likely 15+ homes.

Crews don't always do the "better building practice" on each project. They forget things or take shortcuts for whatever reason.

An objective third party view (that would be us inspectors) help level the situation a tad.

I love the contracts I get for complete inspections from foundation pre-pour to framing and then the new home final.

RE: Les' 'single-leaf' tulips ..."tap, tap, tap ... there goes my foot getting ready to "tip-toe:

Anyway ... repressing the tip-toe. Did Eve only use one leaf or maybe a grand total of 3, but then that would mean from three of Les' "single-leaf' tulips.

Hummm ??

Mark,

Don't mess with your taxes. Let your CPA do all the calculations to keep all numbers "above board". You don't want to invite any visits from the IRS

It is worth the peace of mind.

Spray-in radiant barrier is very tough to make work with the effective numbers it talks about in brochures.

Spray-on product must have a smooth surface and must be applied up to two coats to even approach a 70% effective rating.

Most roof decking (bottom side in attic space) is "not" smooth.

I can put you in contact with a manufacturer's rep , based in Houston who can provide you with some additional information.

I can also put you in contact with a few inspectors in the Houston market who can also share data with you.

Mean time take a look at: http://www.polar-ply.com

Take a look at the URL below for an updated "blowing fiberglass" insulation. I've heard and seen great things about it.

Having an R19 level added to my attic next week of this product.

Had a busy winter: Replaced my old/broken A/C ducts with new ducts rated at R8 and have also just finished putting in Polar-Ply radiant barrier. Now that I'm done "tromping" around in my attic I can refill what I've flattened.

1958 house, slab foundation, "hard pipe" HVAC ducts in slab with floor vents. (Mind you this is Texas ... NOT typical).

Mechanical damper control in each floor vent with felt sealer to close off when there is no air movement from system.

Anyone have any history?

MechDamper.jpg

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Mike & Paul,

Tnx much. I've already keyed in that a qualified, licensed electrician needs to review.

The panel I saw today looks like your image (Mike) ... save for the new wiring.

Okay ... what about a Magnetrip panel? Is it just another name for a Zinsco?

I ran across one today in a very small closet in a Master Bedroom in a home built in 1958. 60-amp main breaker cutoff. All copper. No obvious damage, etc. under deadfront.

Originally posted by Jim Morrison

Yesterday's ice storms have left me stranded at a motel in Irving, TX to celebrate the holiday with the green-haired folks at a neighboring Bennigan's. It is something short of martyrdom. ...

Pls note the "ice storms" were NOT in the DFW area.

Weather is simply fantastic! Mid to upper 60s, bright sun, blue skies.

But with Jimmy being not where he was planning on being ... just sucks no matter the weather.

While Jimmy was enjoying some 'brew' I was in the middle of a 4-plex inspection in a "less than spectacular" part of town. Lot of JPGs, quick notes, doors closed in face as tenants denied access and guys in development wondering 'what is he about' !!

I'd rather be having some green beer ... at least today on this inspection.

Originally posted by hausdok

.... If we do this right, young Neal Lewis will be driven right up the wall. Now, for the first piece of the puzzle, I suggest using the word Blackhorse..."

Touche !

Chris,

You referring to "recurring" annual inspections or just "warranty" at 1st or 2nd year of builder's "new home warranty" (end of) period? Some builders had put out a "two year" deal.

I get a number of 'warranty' inspections anywhere from six months in, but most work for me at 10th, 11th and then the last minute at one year.

I market mailers to new home buyers and plan the mailings at the 8th and 9th months or there-a-bouts.

Marketing 101 technique:

Have a mirror at your desk and look at yourself while talking to client on phone.

Smile and you will change your personna and phone presence. It "will" come across the phone to the client.

The mirror helps force you to watch you "work the phone" ... so-to-speak.

Frank,

I do same as Gary. I have an "appointment form" that is a "fill in the blanks" that gets the client talking about the property and I'm gleaning the data points I need to learn about their property.

I'm asking them questions I need answers to ... almost without them knowing what they are giving up. Finally I'm able to bang that data against my pricing chart and I'm prepared to to a final spin and offer them the price as well as a time/date to lock in their inspection.

It is a shift to move them from asking the 10 questions all inspectors should be asked as well as those who ask straight away: "How much do you charge for an inspection?"

One of my quick comments has been: "Oh, nothing more than a bar of gold bullion."

Always an adventure ... to say the least.

Originally posted by kurt

And Home automation systems lasting a lifetime? ....

Can define lifetime to simply mean the "lifetime" of the item. If it quit working after two days ... it lasted it's lifetime !!!

My thanks to John as I got his message over the weekend. I'm putting in my website that I'm currently rebuilding.

Hope to publish the new one in a week or so.

Filled out the data for the 'networking site' ... Dallas may be a bit tougher with the high count of inspectors here.

Further on report delivery ...

I just booked an inspection for Monday morning. Client was hoping for "on-site" delivery of report and I advised that my scheduled time at the property was for the "inspection" and "data collection" and sharing with him at the end of that time. I elaborated it was not in either of our best interests to add more time to the on-site visit waiting for a report.

Agent called me later and said he has been spoiled with some inspectors who deliver on-site. I've known this agent for some time and said to him what I told the client above ... and that the liability that I assume with an inspection involves a careful analysis and a report that is written very good.

I told him that a lot of the onsite deliveries are close to check-box and cut/paste or delete/paste with generics and may not be as thorough as he seems.

An interesting conversation for a Saturday evening ... regardless I have the job !! AND both the client and the agent will be impressed with my product.

And ... I'll be able to sleep at night !

Anyone have any images of the Wadsworth product?

Kurt - you are good!

I was almost completed with my input and was scratching my head on one, but you nailed them all.

Originally posted by klondike97009

... I clearly stated this in the delivered report to my client(Buyer)and recommended repairs by a licensed contractor ....

Did you just hand over the paper report or e-mail it or have client (her) download it and call it good .... OR did you verbally go over the report and make her aware of all items of concern in same?

You can't assume they will read/understand every word or even take any action on anything in the report.