Fw: NABCEP liability (Wrenches) [RE-wrenches]

[Allan Sindelar]

Wrenches,
Here is the response of NABCEP's Wendy Parker to Graham Owens' question
about liability issues.
Allan at Positive E

----- Original Message -----
From: "Wendy Parker" <wparker at ispq.org>


Allan:
In a discussion about NABCEP certification for solar installers, Graham Owen
asked about liability.  He stated: "I was informed that since NABCEP won't
inspect each job they are not responsible, unless it can be demonstrated
that the testing is not stringent enough to keep substandard installers from
becoming certified."

Graham is correct that the NABCEP exam must be rigorous, thorough and
meticulous. It is NABCEP's responsibility, in developing a voluntary
certification, to develop standards that are adequate to protect the
public.If NABCEP fails in this responsibility, it is liable to the public
forcreating an ineffective and invalid certification.

What NABCEP cannot do is guarantee that certified installers will practice
responsibly: you can lead a horse to water but you can't make it drink.
Individual installers might well bear liability for unethical business
practices, property damage, false representation, etc. etc.

An important part of the value of a certification is that it provides
consumers with a route to voice their dissatisfaction should a certified
installer not perform up to expectation. If NABCEP receives complaints
against a certified installer, a specific investigative process will follow.
Installers who do not live up to the Code of Ethics will have their
certification revoked, and that revocation will be publicized to prevent
unknowning consumers from being taken advantage of by unethical solar
installers.

NABCEP's first responsibility is to protect the public by providing a
credential that meaningfully indicates that an installer has the skills and
knowledge needed to do the job affectively and safely. If the certification
does not accomplish that due to lax requirements or an ineffective exam,
then NABCEP could be held liable. The same is true for state licensure
programs.

-Wendy Parker
NABCEP Project Coordinator
(720) 344-0341

> ----- Original Message -----
> From: "Graham Owen" <graham at solarexpert.com>
> To: <RE-wrenches at topica.com>
> Sent: Wednesday, November 27, 2002 10:55 AM
> Subject: RE: NABCEP & Training [RE-wrenches]
>
>
> > I hope this is nut and bolts enough to post here.  I spent some time
> > seeking legal advice on how NABCEP will affect me, as well as the great
> > people on the board.
> >
> > In this crazy litigious state of California I was wondering if the
> > certifiers of installers (NABCEP) could be included as a group and board
> > members as individuals in a lawsuit if a certified practitioners project
> > resulted in property damage.  I was informed that since NABCEP wont
> > inspect each job they are not responsible, unless it can be demonstrated
> > that the testing is not stringent enough to keep substandard installers
> > from becoming certified.  The test has to be rigorous, thorough and
> > meticulous.
> >
> > Graham

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