NABCEP liability (Wrenches) [RE-wrenches]

[Bill Brooks]

Bob-O

Just to add explanation on the California situation, the CEC decided on
their own to put in their draft guideline that "The Energy Commission
intends to require that photovoltaic systems installation contractors be
certified to the testing requirements of the North American Board of
Certified Energy Practitioners (NABCEP) photovoltaic protocols after these
protocols are finalized."

I was very quick to call them up and tell them that they would hinder the
NABCEP efforts if they kept this language. I encouraged them to change the
language to "recommends that installers be certified to the testing
requirements of the North American Board of Certified Energy Practitioners
(NABCEP) when this certification becomes available." They have the final say
in what goes into the guidebook, but I hope they listen on this one.

-----Original Message-----
From: Bob-O Schultze, Electron Connection
[mailto:econnect at snowcrest.net]
Sent: Tuesday, December 17, 2002 9:43 AM
To: RE-wrenches at topica.com
Subject: RE: NABCEP liability (Wrenches) [RE-wrenches]


Jeff,
I appreciate you taking the devil's advocate position on this. It
helps to have lots of opinions so we can try to get it right the
first time. As Don Loweburg mentioned, NABCEP is seeking legal
council to help us set it up.
NABCEP will very likely not be doing site inspections. IF the
complaint is from a consumer, then there will likely be a paper trail
as the problem moved through county and state jurisdiction. My guess
is that will be the basis for any NABCEP investigation. If the
complaint is Wrench vs Wrench, my guess is that the complainant may
have to bear the cost of an inspection if that is necessary. Since
this is totally unknown and hasn't happened, I'm only guessing how it
will go down. Certainly, NABCEP won't be posting that someone does
trash work. It may be that the company just gets dropped from the
certified list. Again, this is all unknown and it's great to do these
"what if" things now.
The main point is that NABCEP certification is voluntary. If you
"volunteer" to be certified, then you will sign a document agreeing
to the Code of Ethics and NABCEP procedures in the event of a toot.
I realize that with CA and maybe other states possibly requiring
certification to get a better incentive award, the voluntary aspect
of certification gets a little more vague ( if you can't get the
jobs, you can "voluntarily" go out of business, can't you?), but
NABCEP cannot be held accountable for what states do or how they
structure their gimme programs.
Best, Bob-O

>This all sounds great in emails But:
>
>"If NABCEP receives complaints against a certified installer, a
>specific investigative process will follow."
>
>This sounds like somebody will need to "inspect" the problem
>installation.  Who pays for that, what if its 10 states away?
>
>
>"Installers who do not live up to the Code of Ethics will have their
>certification revoked, and that revocation will be publicized to
>prevent unknowing consumers from being taken advantage of by unethical
>solar installers."
>
>I know attorneys who have had a field day with that one in other
>professions (i.e. doctors, reporters, accountants - remember?).  You
>better have a good attorney if you go posting a public notice to
>potential customers of 'Mr. solar expert" saying he does trash work!!
>
>Again,  I think this is a legal nightmare that is about to wake up.
>
>Jeff Yago

--
Bob-O Schultze, Electron Connection
PO Box 203, Hornbrook, CA 96044
800.945.7587 or 530.475.3402
fax 530-475-3401
www.electronconnection.com

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