Kansas has made it harder to get a loan for their residents. The citizens of your fine state can thank the Home Inspection Licensing Board for taking a HUD letter suggesting that all 203k consultants must become a home inspector in the state if there is licensing. The State jumped right on that bandwagon and instead of letting that be the law of the land, created their own state regulation that says pretty much the same as the federal requirement.
Once HUD was informed that they may have been too hasty in that decision as all of our engineers, architects, and licenesed contractors who are currently consultants would be fleeing from the program rather having to have an additional license as a home inspector. HUD immediately backed off of their stand and the rule was never emplimented as it was unfair.
The state has effectively put a number or people out of work. The licensed contractors that serve the community. Well lets look at the HUD rule... it says you must be a licensed home inspector for three years or more, a licensed contractor in residential remodeloing at least three years, an architect or engineer.. no time limits, right out of school with no practical experience is okay.
Kansas consultants, I'm hear to tell you that you need to look closer at the HUD guideline. You must be a licensed contractor... is the part I'd like you to review. This is a HUD/FHA product, and you are approved as a consultant in their eyes if you have your consultant number... go for it. The state rule only governs you in my opinion if you are a home inspector they can fine you or take your license... if you don't have one they have no jurisdiction over you.
The fact is that the state of Kansas was premature in making this requirement as they are ill equiped to mandate this. I have told them I would assist them in their effort to create a "standards of practice" that allowed consultants to perform their job but as their HI rules currently exist, should they be a consultant, they would be in violation on every 203k project that was completed and subject to a fine.
Home inspectors are NOT ALLOWED to make the decisions we make every day as consultants. We must price out the project as if we were doing it like a contractor... most of you are contractors, do the consultation as a contractor, you are licensed to do that already. A home inspector is way out of his element and "cannot" put a price to the repair or he/she face a possible fine. It is not a conflict for a contractor to inspect a home to see what repairs it might need and provide a bid. A home inspector would likely see a roof that has some needed repairs and "recommend you have a licensed roofer take a look and make a recommendation" while a consultant or a contractor would likely write the repair specification such as "provide/install 24 squares... " etc.
The state already governs your contractor's license, you already pay a fee each year to contract services, being a consultant is what you do every day as a contractor. Your state is wrong and until they have a "standards of practice" that cover you , you are already covered under your construction license to consult.
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