Minutes of the North Carolina Home Inspector Licensure Board July 11, 2014

Transcription

1 NCHILB Meeting Minutes Page 1 Minutes of the North Carolina Home Inspector Licensure Board July 11, 2014 The meeting of the North Carolina Home Inspector Licensure Board (HILB) was held at 9:00am, Friday, July 11, 2014 in Raleigh, North Carolina. The following members of the North Carolina Licensure Board were present: Marion Peeples Tony Jarrett Talmadge Jones Harold Upton Fred Herndon Chris Noles Waverly Sawyer Board Member Joe Ramsey was not in attendance. Department of Insurance staff members Mike Hejduk, Jennifer Hollyfield, Phil Joyner, and Terri Tart were in attendance. Board Attorney Denise Stanford was in attendance. Chairman Peeples welcomed the following visitors: Eric Coates, President of the North Carolina Licensed Home Inspector Association (NCLHIA), Robert Broome, North Carolina Association of Realtors and Wilson Fausel. Also in attendance from the Department of Insurance, Quality Assurance Section, were Kathy Williams and Suzanne Taylor. Agenda Chairman Marion Peeples presided over the meeting. After welcoming the visitors in attendance he turned the meeting over to Vice-Chair Fred Herndon to remind all board members of the State Government Ethics Act provisions to avoid conflicts of interest, the appearance of conflicts of interest, and the potential for conflicts of interest. Mr. Herndon reminded members of the Board who are licensed home inspectors that they have the potential for a conflict of interest because they serve on the Board that licenses them. Approval of April 11, 2014 Minutes Harold Upton made a motion to approve the minutes as written. Tony Jarrett seconded the motion. The minutes were approved by voice vote unanimously. Approval of Special Meeting Teleconference April 16, 2014 Minutes Talmadge Jones made a motion to approve the minutes as written. Fred Herndon seconded the motion. The minutes were approved by voice vote unanimously. Staff Reports-Director Director Hejduk thanked the Chairman for introducing two of the Quality Assurance Section staff, Kathy Williams and Suzanne Taylor. Kathy Williams has been with the NC Code Qualification Board (COQB) for 27 years and brings experience to the HILB staff. Suzanne Taylor is the investigator for the COQB and is now doing some investigations for the HILB. Director Hejduk provided a status report on some items on the Action Item List: The Boarddeveloped update course for 2015 is behind schedule, but will be completed by mid September to

2 NCHILB Meeting Minutes Page 2 allow review by the Education Committee. Staff is preparing a draft response for the Joint Legislative Program Evaluation Oversight Committee, Program Evaluation Division (PED) study and survey of Occupational Licensing Agencies (OLAs). Session Law , House Bill 74, authorized the PED to 1) consider the feasibility of establishing a single State agency to oversee the administration of all or some of the occupational licensing boards, 2) study whether greater efficiency and cost-effectiveness can be realized by combining the administrative functions of the boards while allowing the boards to continue performing the regulatory functions, and 3) study whether the total number of boards should be reduced by combining and/or eliminating some boards. Staff may have to purchase exam development software due to expiration of Microsoft support for Windows XP, but may not have to come out of the HILB budget. The consumer survey has been updated regarding the changes the board requested. With discussion from the Board, the decision is made to move forward and post the link on the HILB website as well as provide it to licensees and other industry partners. Director Hejduk turned the staff report over to Terri Tart, License Administrator. Tart reported currently they are 1,079 active home inspectors, 774 inactive and 21 licenses issued. Tart stated 43 individuals signed up to take the exam and 34 were present. The passing rate this exam turned out to be very good with 29 passing and 5 failing the exam. There are 10 individuals that passed the exam that have not paid for their license to be issued. The majority qualifying to take the exam are pre-licensing individuals. There are 25 individuals signed up to take the August exam at this time. Tart advised the board she continues to work with individuals registering for exams even though the deadlines have passed, conditioned upon completion of a pre-licensing program. Director Hejduk turned the staff report over to Jennifer Hollyfield, Education Coordinator. Hollyfield reported the committee met on Wednesday to approve Richard Pontello, Northeast Carolina Home Services, Inc. for an online course. The course is Exterior Roofing, interior insulation and appliances, along with a ventilation online course and a plumbing online course. Hollyfield stated that her review of the courses revealed some typographical errors which she advised Pontello of to correct. If the board is in agreement the courses will be approved. Chairman Peeples asked how long it took to review the courses. Hollyfield stated around three weeks. Hollyfield stated she received other courses to be reviewed totaling 12 applications from Ben Gromicko with InterNACHI for online approval. Hollyfield reported Steve Smallman submitted an application for approval to be a field trainer for pre-licensing and the committee approved the application. Hollyfield reported Don Murphy submitted an application for approval to be a field trainer for pre-licensing and the committee approved the application. Hollyfield stated currently there are 25 field trainers throughout the state. Hollyfield mentioned to the Board that Bonnie Gregory is currently working with an individual who is completely deaf. She is trying to find out what can be done to accommodate him regarding sign language translator services to participate in the pre-licensing program. As this will be a concern for administration of the state exam Hejduk directed Hollyfield to contact Felicia Burnside from the Department of Insurance to find out what can be done internally to accommodate this individual. Hollyfield stated that staff may need to come back to the board regarding a contract with a sign language translator to accommodate this individual to take the state exam. Director Hejduk mentioned that staff to the NC Code Officials Qualifications Board conducts periodic workshops to persons wanting to be approved sponsors and instructors of Standard and

3 NCHILB Meeting Minutes Page 3 Continuing Education course. Hejduk suggested the Home Inspector Licensure Board may want to consider having a workshop for field trainers. Chairman Peeples turned the staff report over to Phil Joyner, Investigator. Joyner stated there are a few complaints that will be closing during the committee report later. There were three complaints that came in the month of June and July. There is a correction to complaint 579 Graham it is being moved up to be presented by Talmadge Jones to the Board during the committee report. Joyner stated he is working on a couple of reports to get out and Suzanne Taylor is working two complaints. Director Hejduk stated the next board meeting is scheduled for October 10 th. There are two board members whose appointments will expire this year. Waverly Sawyer has been reappointed, but staff is waiting to hear a decision on Talmadge Jones. Director Hejduk reminded the board members to complete their Ethics Training 93B. Director Hejduk mentioned proposed changes made regarding the Bylaws including taking out the word associate on pages 3 and 4. Chairman Peeples asked for a motion to accept the Bylaw changes as written. Fred Herndon made a motion to accept the Bylaws as written. Harold Upton seconded the motion. The motion passed unanimously. Public Comments Eric Coates, President of the North Carolina Licensed Home Inspector Association (NCLHIA) invited the board to attend and hold a board meeting on Friday morning at the 2015 NCLHIA Annual Conference in Asheville, North Carolina. The meeting will be either the 3 rd or 4 th weekend in February. Committee Reports a) Application Committee Waverly Sawyer reported the committee met by teleconference on June 20 th to review 7 applications regarding equivalent experience. The committee approved all 7 applications. b) Examination Committee Chris Noles reported the committee did not meet. Director Hejduk mentioned in the future there may be a need to purchase new exam software. c) Finance Committee Tony Jarrett reported that as of June 30 th revenues exceeded expenditures by $10,000 but this is not a final figure. Jarrett asked the Board to look at the Estimated Expenditures. The audit budget could be $8,000 to $16,000 in this year s budget. The board could be at a break-even or have a small deficit for this year. Jarrett reminded the Board that in 2012 there was an $84,000 deficit, 2013 a $23,000 deficit and this year 2014 it appears the board will most likely break-even. This reflects things are improving based on licensee count. The challenges are the audit expenses for three years, the lease of the office space, the increase in investigations, hiring a contract investigator, technology, but a positive thing is the salary share that will give some money back to the board. The committee looked at the number of licensees and how much money would be lost in three scenarios. If there were 1,050 licensees the Board would lose $50,000; if there were 1,150 licensees the Board would lose $27,500, and; if there were 1,250 licensees the Board would lose

4 NCHILB Meeting Minutes Page 4 $5,500. The breakeven point is around 1,363 licensees for a total budget of approximately $300,000. d) Legislative Committee Tony Jarrett stated the committee did not meet and no report at this time. e) Continuing Education Committee Talmadge Jones stated the committee met. The committee approved Richard Pontello, Northeastern Carolina Home Services, Inc. for an online course, approved Steve Smallman for a field trainer and Don Murphy for field trainer. The committee discussed the 2015 Update Course in great length with some progress toward completion. The Board Attorney is working with the committee in developing some slides for the course. Talmadge Jones stated the committee has set a time frame for the second week in September to have a draft for approval by committee to present to the Board at the October Board meeting for final approval. f) Standards of Practice / Rules & Interpretations Committee Fred Herndon stated the committee met and discussed the rule.1103 Purpose and Scope regarding the habitability clause as a technical change requested by the Rules Review Commission. Following much discussion among the Board members Harold Upton made a motion to accept the rule changes as proposed. Talmadge Jones seconded the motion. The motion passed unanimously. f) Investigation Review Committee Talmadge Jones stated the committee met. Jones made a motion to accept the consent agreement #566 Morgan for approval. Fred Herndon seconded the motion for approval. The motion passed unanimously. Jones made a motion to dismiss complaint #562 Duncan. Fred Herndon seconded the motion. The motion passed unanimously. Jones made a motion to dismiss with a Letter of Caution complaint #563 Hudson. Fred Herndon seconded the motion. The motion passed unanimously. Jones made a motion to dismiss with a Letter of Caution complaint #579 Uhlhorn. Harold Upton seconded the motion. The motion passed unanimously. Jones stated the complainant did not complete complaint forms on two inspectors #569 and #570. The committee directed staff to send another letter and give the complainant 14 days to submit the completed complaint form to staff. If staff doesn t receive the forms then the committee will recommend to the Board dismissal of the complaint. Jones stated that with about 5 complaints pending located in the western part of the state the Investigation Review Committee is recommending to the Board to hire a contract inspector. Jones made a motion to hire a contract inspector for the complaints in the western part of the state with a $10,000 limit. Harold Upton seconded the motion. The motion passed. h) Personnel Committee Marion Peeples stated he had no report at this time.

5 NCHILB Meeting Minutes Page 5 i) Advisory Committee / New Licensee Report Reviews Fred Herndon stated the committee did not meet. Unfinished Business Proposed changes to Board Rule.1103 Purpose and Scope, was approved earlier in the meeting. New Business Chairman Peeples stated the Standards of Practice/Rules and Interpretations will be working with counsel for further communication with North Carolina Board of Examiners for Engineers and Surveyors regarding the discussion of engineers doing home inspections. Chairman Peeples turned it over to Waverly Sawyer for the nomination of officers Waverly Sawyer stated the nomination committee s recommendation of the new officers for Waverly Sawyer made a motion to accept the following for the new officers. Chairman Vice-Chair Treasurer Secretary Fred Herndon Tony Jarrett Joe Ramsey Chris Noles Harold Upton seconded the motion to accept the new officers. The motion passed unanimously. Adjournment Newly elected Chairman Fred Herndon adjourned the meeting. Respectfully submitted, Christian Noles, P.E. Secretary Note: This meeting has been recorded on CD. Anyone desiring copies should contact the NC Department of Insurance, Engineering Division, Qualification Assurance Section for reproduction costs.