CALL TO ORDER

The meeting of the Home Inspection Advisory Committee was called to order by Chairman Michael Fitzpatrick at 10:00 a.m. in the Monmouth Conference Room, seventh floor, 124 Halsey Street, Newark, New Jersey. All parties were duly notified of the time, date and place and all pertinent material had been provided.

SUNSHINE LAW ANNOUNCEMENT

Joseph Grabowy read the statement required by Chapter 231, Laws of 1975, known as the Open Public Meetings Act, and announced that notice of the meeting was prepared in the office of the Committee and mailed to the Secretary of State, the Star Ledger, the Courier Post, the Bergen Record and the Atlantic City Press.

ROLL CALL

CMs present:

Michael Fitzpatrick
Michael Del Greco

CMs absent: Daniel Casper

Others present: Arthur Russo, Executive Director, Olga E. Bradford, Deputy Attorney General, staff members Joseph Grabowy, Lynn Craddock, Tiona Hobson, and four members of the public.

APPROVAL OF MINUTES

September 18, 2007

The Committee, on a motion by Vice-Chairman Del Greco, second by Committee Chairman Fitzpatrick, unanimously voted to approve the minutes of September 18, 2007 as amended.

REPORT OF THE EXECUTIVE DIRECTOR

Executive Director Russo stated that Steven Nolan, Acting Director of the Division of Consumer Affairs, resigned to return to the private practice of law. He has been replaced by Lawrence DeMarzo, who was appointed as Acting Director of the Division.

Executive Director Russo provided the Committee with the following licensing statistics as of October 2, 2007:

Total Licensed Home Inspectors 668

Total Reinstatements Pending 0

Total Suspended Home Inspectors 1

Total Expired Home Inspectors 56

Total Inactive Home Inspectors 71

Total Pending/Incomplete Home Inspector Applications 119*

* Includes application files deemed incomplete, abandoned, and those approved but never activated since the licensure fees were never remitted to the Committee office.

E.D. Russo advised that staff member Ernest Gonzalez has left the Committee staff to pursue a career in law enforcement with the West Orange Police Department.

APPEARANCE BY PATRICIA SCHIRIPIO, REGULATORY ANALYST

The Committee continued its review of its regulations.

Incoming Correspondence

#1 Brian and Brandon Meara
Re: Request for Reconsideration of Uniform Penalty Letters September 27, 2007

Both Brian and Brandon Meara requested reconsideration of the Uniform Penalty Letters previously sent to them.

After reviewing this matter, the Committee, on a motion by CM Del Greco, second by Committee Chairman Fitzpatrick, voted to reaffirm its prior decision to fine Brian Meara and Brandon Meara $500 each.

The Committee further directed, following its review of Brian Meara’s letterhead in his response to the Committee’s U.P.L., that a second U.P.L., imposing a civil penalty of $2,500.00 against Brian Meara, be issued for his use of deceptive advertising. The Committee concluded that Mr. Meara utilizes the term "Civil Engineer" on his letterhead and other company advertisements when in fact he is not licensed by the Board of Professional Engineers and Land Surveyors as a professional engineer. The Committee found this to be misleading to consumers as well as deceptive advertising in violation of N.J.A.C. 13:40-15.19(a)(13) and (14).

Outgoing Correspondence

#1 Lawrence DeMarzo
Re: Dormant Applications for Licensure
September 26, 2007 (Public Session)

The Committee seeks any standardized methods and procedures that may exist which address the retention of dormant licensure applications.

The Committee continues to await an response to its inquiry.

#2 Alison Littell McHose, Assemblywoman
Re: Licensure Requirements to Perform Septic Inspections
July 31, 2007

The Committee responded to Ms. McHose, and advised her that it is continuing its review of its regulations including N.J.A.C. 13:40-15.22(a)2, which requires that licensed home inspectors who seek to inspect septic systems be either a licensed professional engineer or registered as a environmental health specialist.

The Committee noted Assemblywoman McHose’s correspondence for the record.

#3 AAA New Jersey Insurance Agency
Associations Liability Insurance Agency
September 28, 2007 (Public Session)

The Committee has requested that all companies that issue errors and omissions insurance policies for its licensees investigate the feasibility of their policies having a uniform expiration date regardless of when written. The Committee noted to the companies that uniform expiration dates will ensure uniformity among New Jersey licensees and assist the Committee in enforcing its licensure regulation.

After reviewing this correspondence, the Committee continues to await an response to its inquiry.

REVIEW OF HOME INSPECTION APPLICATIONS FOR LICENSURE

On a motion by Vice-Chairman Del Greco, second by Committee Chairman Fitzpatrick, the Committee voted to approve the following application for licensure pending the receipt of his original certificate of insurance.

Application # Name
1296950 John S. Lincks

REVIEW OF CONTINUING EDUCATION COURSES

On a motion by Vice-Chairman Del Greco, second by Committee Chairman Fitzpatrick, the Committee unanimously voted to approve the following continuing education courses with the corresponding number of professional development hours (pdh):

PUBLIC COMMENTS

Craig Lynch, a licensed home inspector, expressed his concern that the public is being confused and deceived by a competing home inspection company which uses a business name similar to his own company. DAG Bradford suggested that he consult with his own legal counsel to determine his options.

INFORMATIONAL ITEMS

NONE

MOVE TO EXECUTIVE SESSION

On a motion by Vice-Chairman Chair Del Greco, second by Committee-Chairman Del Greco, the Committee unanimously voted to enter into Executive Session.

RETURN TO PUBLIC

On a motion contained in the Executive Session minutes, the Committee re-entered into Public Session to adjourn.

ADJOURNMENT

On a motion by Vice-Chairman Del Greco, second by Committee Chairman Fitzpatrick, the Committee voted to adjourn the meeting at 3:45PM.

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