Attention Kentucky Inspectors: New Advisory Bulletin from KBHI

[D. Michael Green]

ATTENTION KENTUCKY LICENSED HOME INSPECTORS:

The Kentucky Board of Home Inspectors has issued the attached Advisory Bulletin on the inspection and reporting of Federal Pacific Electric Panels. Your attention to this matter is manditory.

07-001FPE PANELS07-101107-12031.pdf

[John Cahill]

Thanks for the information. Interesting argument. What does NACHI SoP require?

[Michael R. Boyett]

Also read the other threads devoted to this topic: http://www.nachi.org/forum/showthrea...light=kentucky and http://www.nachi.org/forum/showthrea...light=kentucky .

[whandley]

"There is no current documentation from any source that states the FPE panels and breakers are a hazard to life and property solely because of the name of the manufacturer. To assume so without current documentation is incorrect and irresponsible."

The above statement is incorrect.

http://www.inspect-ny.com/fpe/fpe.html

In my opinion, the issueing of that bulletin could be considered neglegent. The State of Kentucky will have no downside liability should personal injury or personal property damage occur as a result of one of these load centers failing. The inspector, insurance companies, agents, buyers and sellers will all be left to pick up the pieces.

Do any of you remember the "Horizontal Furnace Recall" or the "Firestone Tire Recall"? The large majority of those products showed no visible signs of damage, wear, fitigue or failure. They did however exhibit an abnormally high unexpected and or unpredictable failure rate versus similar products and therefore were deemed to be "Unsafe".

When I find a "Premier Furnace" system, I don't concern myself with how its performing that day, It gets written up, period!

[D. Michael Green]

I can see I need to copy my post from the other Board to make sure everyone see's it so here it is....

Erby

Although we spoke the other night I did want to go ahead and address your question as well as try and put this subject to bed. I will say that I appreciate the professionalism of most of the people on this message board. Here there has been plenty of spirited discussion on an important matter. This compared to TIJ where all they want to do is throw insults and call the Board members names. Just so everyone knows, the members of the Kentucky Board of Home Inspectors are paid $35 per meeting...that is $35 for each day we meet. All the members basically volunteer their time to try and make the profession better here in Kentucky. They are all hardworking people who care about the consumer on all sides of the transaction. The Board is not controlled by the Realtors as has been suggested to the contrary it is extremely independent and bows to no one when they feel they are right.

Now lets look at the Bulletin and see what it really says....and how it will be enforced.


There is no current documentation from any source that states the FPE panels and breakers are a hazard to life and property solely because of the name of the manufacturer. To assume so without current documentation is incorrect and irresponsible.

To require or recommend the removal of FPE panels and breakers solely on the basis of the manufacturer's name and without visual evidence of a specific hazard is irresponsible and could cause the homeowner undue financial hardship.

If a visual inspection of the interior of the panel or breakers indicates arcing or extreme heat then the licensed home inspector should most certainly recommend further evaluation by a Kentucky licensed electrician.

The Kentucky licensed electrician is the only authority to determine the appropriate action.

This means that the home inspector needs to actually remove the panel and inspect the interior of the panel as is required by ALL STANDARDS OF PRACTICE! Kentucky State Law requires home inspectors to report ACTUAL DEFECTS not defects that may exist even though there is no evidence of them. To report something as defective where there is no evidence of such could be considered a false and misleading representation regarding the true condition of that system which is a violation of the Home Inspectors Standard of Conduct.

It is the intention of the Bulletin to inform Kentucky Licensed Home Inspectors that they are expected to follow the approved Standards of Practice when inspecting FPE panels not just walk up and recommend removal based solely on the nameplate without even removing the panel and inspecting them. Also State Law allows only Licensed Electricians to diagnose problems and repairs to electrical components. A home inspectors license does not provide the authority to call for replacement of the panel only to recommend further evaluation and repair as needed by a qualified Licensed Electrician.

It should be understood that nothing in the Bulletin prohibits an Inspector from providing information concerning the history of problems with any system including FPE panels. But the inspector may not call out a panel as defective that shows no evidence of problems nor call for replacement of a panel whether defects are present or not. Doing so would be a violation of 815 KAR 6:030 Home Inspectors Standard of Conduct,Sections 3,4, and 10(a) (See Below) and WILL SUBJECT THE LICENSED HOME INSPECTOR TO SANCTION BY THE BOARD!

Section 2. Additional Standards. In addition to the affirmative duties imposed by Section 1 of this administrative regulation, a licensed home inspector or an entity under which the licensee conducts business, shall not:

(3) Provide a home inspection to the client that does not conform to the Standards of Practice selected on the initial application for licensure or the application for renewal submitted pursuant to 815 KAR 6:010;

(4) Provide services that constitute the unauthorized practice of any profession that requires a special license if the home inspector does not hold that license;

(10) Make a false or misleading representation regarding:
(a) The condition of a residential dwelling for which the licensee has performed or contracted to perform a home inspection;


The purpose of the Bulletin is to give Kentucky Licensed Home Inspectors fair notice of the position of the Kentucky Board of Home Inspectors on this matter and it’s intention to take action to enforce State Regulations concerning it if necessary.

[Tracy Schoop]

Michael, you do not have a clue. You have closed your mind to any and of the logical information and opinions that are being presented. The KY board of home inspectors should be trying to help home inspectors to protect the consumer and not hindering them with what your board has done.

Shame on the KY Board of Home Inspectors, you should have had the gumption to fight this one sided action that you have done.

[D. Michael Green]

Tracey,
Apparently it is you that do not have a clue....you evidently cannot understand that this Bulletin only informs the KENTUCKY LICENSED HOME INSPECTOR that they are expected to follow the approved standards of practice when inspecting these panels. Nowhere in any standard of practice is an inspector allowed to forego the inspection of a system and call out for replacement with no documented evidence the system has a problem. Doing so is making a false representation of the systems condition and is a violation of State Law!!!! As I said the inspector is free to share whatever information about the history of problems with thier client but they cannot call a functioning system defective without evidence of an actual problem and once again IF YOU ARE NOT A LICENSED ELECTRICIAN YOU HAVE NOT LEGAL AUTHORITY TO CALL FOR THE REPLACEMENT OF ANY ELECTRICAL COMPONENT WORKING OR NOT...THAT IS CONSIDERED UNLICENSED PRACTICE AS AN ELECTRICIAN AND IS AGAINST THE LAW!!!!

[Dan Bowers, CMI]

Just Curious -

I quite often make a statement similar to below on varied problematic components in a home.

In my opinion it would be in my clients best interests to consider upgrading, repairing or replacing the ****** due to the well known issues with them.


I've never had anyone accuse me of practicing *******

I'm hired for my opinion - not just to tell someone what is broken that day.

[James H. Bushart]

Originally Posted by dbowers

Just Curious -

I quite often make a statement similar to below on varied problematic components in a home.

In my opinion it would be in my clients best interests to consider upgrading, repairing or replacing the ****** due to the well known issues with them.


I've never had anyone accuse me of practicing *******

I'm hired for my opinion - not just to tell someone what is broken that day.

See what you're missing by working in an unlicensed state?

[James E. Braun, CMI]

I think I would tell the Kentucky Board of Inspectors to kiss my _ss. There is other types of inspections I could do. Licensing solves nothing, just screws over the consumer.

[dharris]

Originally Posted by dbowers

Just Curious -

I quite often make a statement similar to below on varied problematic components in a home.

In my opinion it would be in my clients best interests to consider upgrading, repairing or replacing the ****** due to the well known issues with them.


I've never had anyone accuse me of practicing *******

I'm hired for my opinion - not just to tell someone what is broken that day.

I have a builders rep call me monthly complaining about something in my reports, last time it was that I quote state workmanship standards,
funny thing is, he always states that he used to be a HI, and a nacho member

Looked his name up, he sure was, and also has a complaint on record for not reporting to the standards,

[Kenneth Lott]

Would you mind if I call you Doo Dah Dan?