Copied from another thread…
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.