Notice of Hearing on Proposed Administrative Regulations: Nov 6, 2009

Notice of Hearing on Proposed Administrative Regulations

A public hearing will be conducted at 1 p.m. Friday, November 6, in the basement auditorium of the Docking State Office Building, 915 S.W. Harrison, Topeka, to consider the adoption of the following proposed regulations as permanent regulations of the Kansas Home Inspectors Registration Board.

This 60-day notice of the public hearing constitutes a public comment period for the purpose of receiving written public comments on the proposed rules and regulations. All interested parties may submit written comments to the Kansas Home Inspection Registration Board, 610 Rivera, Mulvane, 67110. Written comments must be received at or prior to the hearing. All interested parties will be given a reasonable opportunity to present their views orally on the adoption of the proposed regulations during the hearing. In order to give all parties an opportunity to present their views, it may be necessary to request that each participant limit any oral presentation to five minutes. A summary of the proposed regulations and their economic impact follows:

Article 1.—Registration, Renewal, and Examination

K.A.R. 130-1-1. This proposed regulation establishes the information that an applicant for initial registration must provide to the board.

K.A.R. 130-1-4. This proposed regulation establishes the annual expiration dates of registration.

K.A.R. 130-1-5. This proposed regulation establishes documentation, education and examination requirements for reinstatement.

Article 2.—Fees

K.A.R. 130-2-1. This proposed regulation establishes fees authorized by statute.

Article 3.—Educational Programs

K.A.R. 130-3-1. This proposed regulation establishes the standards and core curriculum that an educational program must meet in order to be approved by the board.

Article 5.—Continuing Education

K.A.R. 130-5-1. This proposed regulation establishes the standards for approval of continuing education courses.

K.A.R. 130-5-2. This proposed regulation establishes the requirements continuing education providers must meet in order to be approved by the board.

The proposed regulations have an economic impact on individuals who desire to perform home inspections in Kansas and on educational programs and continuing education providers that do not meet the standards for approval. The impact on those who are qualified for registration is limited to the fees charged for the initial and annual renewal of a registration. The impact on educational programs and continuing education providers to meet the standards for approval cannot reasonably be calculated.

Copies of the proposed regulations and economic impact statement may be obtained by sending a request to the Kansas Home Inspection Registration Board, 610 Rivera, Mulvane, 67110, or may be viewed at www.ksinspectors.org.

Any individual with a disability may request accommodation in order to participate in the public hearing and may request the proposed regulations and economic impact statements in an accessible format. Requests for accommodation should be made at least five working days in advance of the hearing by contacting the Kansas Home Inspection Registration Board at the contact information above.

Jeff Barnes
President

Special Notice For All Kansas Inspectors

Click here to view a special notice regarding the registration process for inspectors in the state of Kansas

Board Meeting Announced: Sept 17, 2009

The KHIRB will hold its next meeting on Thursday September 17th at the Crown Plaza Hotel at 12601 W. 95th St. Lenexa, KS. The meeting is scheduled to begin 9:30 a.m. and will run until the completion of the agenda.

SOP Committee Meeting: August 10, 2009

The Board met today (July 17, 2009) to work on the Kansas Standards of Practice.  The second published draft is posted for your review and comment. 

The next scheduled Board meeting to work on the document is August 10th at 9:00 at the office of Ed Robinson, which is located at Morris, Laing, Evans, Broch & Kennedy 300 N. Mead, Ste 200 Wichita, KS. 

It is important to note that this SOP is a not a private document as is the SOP from any of the national inspection associations.  It is part of the Rules and Regulations for the statute an as such has strict requirements regarding language and format.  Because of this, the Kansas SOP will not follow the format you may be accustom to and will be lacking language which is already present in the statute.  It will also have a very limited amount of redundant language, for example, the definition for “Home Inspection Report” includes the language requiring:

 i)        A clear identification and description of those systems, structures or components which were inspected;

ii)      A clear identification and description of those systems, structures or components designated to be inspected under the standards of practice approved by the board and which were not inspected, and the reason why they were not inspected;

iii)    A clear identification and description of any material defects found to be in need of repair, including any recommendations for further evaluation;

Because of this the language to “describe” and “report” as found in other SOP’s at each component category will not be listed in this standard.  Likewise the word “observe” is found in other SOP’s will not be listed as the requirement to “inspect” is part of the definition for “Home Inspection”.  I hope this clears up some of the questions regarding the formatting change.  Please pass this SOP on to other interested parties as we are seeking constructive topic specific comments for adjustments to the document.  Broad brushed generalizations are not helpful to the Board as they provide no useful information to grow from.

Thank you for your help.

Jeff Barnes, Chair

HB 2260 Signed by Governor

Kansas House Bill 2260 was signed by the Governor on April 23rd.  The full text of the bill can be read here.

The bill is also available on the website of the Kansas Legislature.

Kansas Attorney General Offers Opinion On Registration Act

The Kansas Attorney Generals office has offered a formal, written opinion on several provisions of the Kansas Home Inspectors Professional Compentence and Financial Responsibility Act.

Click here to view a letter from Jeff Barnes (Chairman, KHIRB) regarding the opinion.

Click here to view the Attorney Generals Opinion Letter.