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Inspector's Viewpoint
"Your Source For Independent Inspection Information"

Spring 2000 - By Dennis R. Robitaille, President Able Home Inspection, Inc.
Mailing Address PMB 155 - 643 Bway Saugus, MA 01906 - Phone 781-231-0236

Parents Win Carbon Monoxide Law Suit:

February 5, 2000, St. Cloud, MN- A Jury made a $1.9 million wrongful-death award to a former Stearn County couple whose two children died of carbon monoxide poisoning. Cheryl and Todd Burt sued the former owners of the Kimball area home, a real-estate agent and a real estate company after Nicholas 4, and Zachary 1, died in their beds in January 1996. The Burts and their other son, Ryan, recovered after being hospitalized.

The Burts argued that the deadly gas came from a faulty furnace nobody told them about when they bought the house in August 1995. Named in the lawsuit were the former owners of the home, Daniel and Kara Neubarth; their agent, Loretta Bodenhamer, and Century 21.

A Sterns County jury on Friday February 6, found Bodenhammer and Century 21, sixty five percent responsible for the children's deaths and the Neubarths thirty five percent responsible.

In a criminal trial in November 1998, a jury acquitted Daniel Neubarth on two counts of second-degree manslaughter. He was accused of knowing about the faulty furnace and not telling the Burts about it.

Carbon Monoxide (CO) Is A Colorless, Odorless, Tasteless, And Deadly Gas:

When exposed to, CO inhibits your blood's capacity to carry oxygen throughout the body, actually suffocating your tissues and organs. CO can escape into your home's air through a faulty furnace, wood-burning stove, range, water heater, fireplace, or any device that burns combustible fuel.

Carbon monoxide poisoning symptoms can often be confused with flu symptoms but can become much more serious. They include: Headache, Fatigue, Nausea, Dizziness, Irregular Breathing, Mental Confusion, Unconsciousness, & Death.

Prevention is always the first and foremost important step to protecting your family from CO poisoning, but sometimes prevention tactics don't always prevent a problem. Having reliable, quality CO detectors is extremely important.

Prevention can be both easy and life-saving. Remember to follow these steps:

Have your furnace and heating system inspected and serviced annually. Never run an automobile in the garage or any other type of enclosed space. Have your chimney and flu cleaned professionally. Make sure that the burner flames on your furnace and stove burn blue, not yellow-orange, and never use your gas range or oven for heating. Never use grills or hibachis inside your home. Never operate gas burning appliances in a closed room.

Massachusetts Will Lead Country In Home Buyer Protection:

Good news for Massachusetts's consumers: Prospective home buyers will be able to choose their own home inspector without real estate agent interference. One of the most significant parts of the new Home Inspector Licensing Law is the section that is as follows:

"SECTION 2. Chapter 112 of the General Laws is hereby amended by inserting after section 87YY the following section:-

Section 87YY. At the time of the signing of the first written contract to purchase, real estate brokers and salesmen, or the seller if no broker or salesperson is involved in the sale, shall distribute a brochure, published by the office of consumer affairs and business regulations, educating consumers about the home inspection process.

Real estate brokers and salesmen shall not directly recommend a specific home inspection company or home inspector but may, upon request, provide a complete list of licensed home inspectors prepared by the board. This prohibition shall not apply if there is a written contractual agreement or a written agency disclosure between the buyer and the real estate broker specifying that the real estate broker is acting exclusively for the buyer as a buyer's broker."

For those of you who are not aware, the amending of Section 87YY is actually the amending of the Massachusetts Real Estate Brokers and Salespersons Licensing Law. So after May 2001, if an agent representing the property seller, tries to recommend or steer a prospective home buyer to a certain inspector, that agent will be violating his or her real estate license!

Recalling our early American history, the shot heard around the world was right here in good old Massachusetts. This home inspector licensing law will be the "shot" that will revolutionize the home inspection profession across the country.

Inspectors whose businesses have thrived, mostly due to their relationships with real estate agents, will either close up shop or learn to provide a service that really benefits their home buying clients.

Many of you know, I've been fighting for the past 15 years about the agent influence over prospective home buyers in choosing an inspector. I've written to State Legislators many a time about the conflict of interest when the person selling a home, is the same person who refers the home inspector. Back in 1995 I appeared on WBZ TV with investigative news reporter Paula Lyons and was interviewed a couple of years ago by NBC Dateline for one of their programs.

The new Licensing Law should help consumers get some much needed protection in the stress filled home buying process.

Numerous Electrically Caused Fires Reported This Past Winter:

Electricity serves us well and safely if we treat it with the respect it deserves. Most often we think of electrocution when we consider the dangers of electricity, another hazard is electrical fires. Recent reports indicate that arcing or overloaded electrical equipment ranks second only to cigarettes as a cause of multiple-death fires. Here's some helpful info:

The smell of burning plastic, warm wall receptacles and flickering or dimming lights signal serious wiring problems. Circuit breakers or fuses help protect against overloads and short circuits. If the breaker or fuse "blows" often or repeatedly, have an electrician check it immediately. Never replace a 15 amp (blue color) fuse with a 20 amp (red / orange color) or 30 amp (green color) fuse.

Extension cords can be overloaded easily. Never run extension cords under carpets or rugs or across door thresholds or any location where the cord could get damaged. If you must use an extension cord, check the amperage rating on the cord's label, make sure the total amount of amperage you use is less than that amount. Portable electric space heaters use a lot of electricity and can quickly overheat an undersized extension cord. Discard damaged extension cords (even slightly damaged ones). Use only extension cords designed for outdoor use for electrical needs outside. All appliances and extension cords should carry the mark of a recognized testing facility, such as Underwriters Laboratories (UL).

If your home was built before 1930, have it inspected to see if it still has knob and tube wiring in use, consult with an electrician if it does. Knob & tube wiring was the first electrical wiring installed in homes and should be considered unsafe for a few reasons:
1. The insulation covering, due to age, may be deteriorated.
2. Connections usually lack proper wire nut connectors.
3. Splices often are not enclosed in electrical boxes (junction boxes.)
4. It's an ungrounded wiring system, (appliances with three prong plugs would be potentially unsafe if plugged into an outlet connected to a knob and tube circuit.)

If your home was built or remodeled between 1965 and 1973 it may have aluminum wiring, which can pose hazardous situations because it expands and contracts easily and can come loose at connection points, (10 gauge and smaller size.) A home inspector can check to see if aluminum wiring is present, consult with an electrician if it does.

If you purchased a home that appears to have had newer electrical work done, check with the local city / town Building Inspector to make sure the previous home owner obtain permits for the work. If you find electrical circuits spliced together with just tape and not in junction boxes or if you see wires sticking out of electrical boxes, this is a sign of non-professional electrical work and should be evaluated by an electrician.

Product Warning:

On A Snow Shovel:

WARNING: Use of this instrument to remove snow may be hazardous to your health.

Ask The Inspector:

"What are Formosan termites, I heard they were called "super" termites, where are they found?"

The Formosan subterranean termite, (Coptotermes Formosanus Shiraki) is considered one of the most destructive and aggressive species of termites in the world due to their large nesting sizes. The type of damage this termite causes is almost the same as that caused by the Eastern Subterranean termite. The difference is that the damage happens at a much more rapid rate. A mature colony can contain between 1 to 10 million termites, and its foraging territory may cover 38,500 square feet. In Hawaii, where unprotected homes were built over large colonies, records show that Formosan subterranean termites caused major structural damage in 6 months, and almost complete destruction in 2 years.

In 1965, they were first discovered in the continental United States at a Houston, Texas, shipyard. In 1966, well established colonies of the Formosan subterranean termite were discovered in New Orleans and Lake Charles, Louisiana, and Houston and Galveston, Texas. In 1967, they were found in Charleston, South Carolina. Well-established colonies were also detected in Florida in 1980, 1982, and 1984.

Ships have facilitated the introduction and spread of the Formosan subterranean termite throughout the world. Once introduced, swarming is the termite's natural method of spread. Since the Formosan subterranean termite is a weak flier and does not spread rapidly by itself, the movement of infested soil or material such as lumber, wooden crates, or other wooden products is another important method by which it spreads. These termites are commonly associated with the railroad ties used for landscaping.

In the United States, the Formosan subterranean termite generally has been confined to the southeast at about 32.5N latitude. This latitude coincides with the warmer temperatures usually associated with this termites. However, the widespread use of central heating in the United States may encourage the spread of the Formosan subterranean termite. Central heating provides a warm environment conducive to the survival of termites during winter.

Like other termites, Formosan subterranean termites feed on cellulose. Cellulose is the major component in wood and paper products. In addition to feeding of the wood in our homes, they have attacked more than 47 species of living plants including citrus, wild cherry, cherry laurel, sweet gum, cedar, willow, wax myrtle, Chinese elm, and white oak. Formosan subterranean termites attack the bases of poles, old tree stumps, or other wood in contact with soil. They can construct galleries to the upper stories of buildings to feed on the wood.

This termite is now so out of control in Louisiana, particularly in the New Orleans area, that the state legislature recently passed a law allowing the Agriculture and Foresty Commissioner to develop new rules for wood use statewide. Specifically, the draft version would require home builders in LA to use only chemically treated wood that repels termites. This is welcomed news in New Orleans where 85 percent of the buildings are estimated to be infested.

Formosan subterranean termites have also been known to attack (but not eat) non-cellulose material such as thin sheets of soft metal (lead or copper), asphalt, plaster, mortar, creosote, rubber, and plastic in search of food and moisture. However, their highly publicized ability to chew through concrete is a fallacy. Instead of chewing through the concrete, Formosan subterranean termites are uncanny in finding small cracks in concrete that they use as foraging routes.

So far, no reports of these destructive insects have been found in the New England area.

PRODUCT RECALLS

(Pictures and additional info of the recalled products
can be viewed by clicking on the links to the CPSC)

CPSC, Distributors Announce Recall of "FIRE CAP"
Fire and Smoke Suppressants
WASHINGTON, D.C. -The U.S. Consumer Product Safety Commission (CPSC), and various distributors, are announcing the recall of more than 136,000 cans of "FIRE CAP" brand fire and smoke suppressant. The product does not suppress fires and could intensify fires. The product was manufactured by The Colbra Group, which is out of business.


WASHINGTON, D.C. - In cooperation with the U.S. Consumer Product Safety Commission (CPSC), TSI Prime Inc., of Coppell, Texas, is voluntarily recalling about 126,000 ceiling-mounted light fixtures. The light fixtures can short circuit, posing a fire hazard. TSI Prime has received three reports of these light fixtures short circuiting, resulting in scorch marks on ceilings. No injuries have been reported. Wal-Mart and Lowe's stores nationwide sold the light fixtures for between $16 and $25. Wal-Mart sold the fixtures individually packaged from February 1998 through March 1999. Lowe's sold the fixtures in two- packs from January 1998 through January 2000.


WASHINGTON, D.C. - In cooperation with the U.S. Consumer Product Safety Commission (CPSC), New Cole Sewell Corp., of St. Paul, Minn., is recalling about 23,000 storm doors manufactured without retaining pins in the upper windows. The upper window can fall out and could injure nearby consumers. New Cole Sewell Corp. has received 15 reports of upper windows falling out of the storm doors. No injuries have been reported. The recall involves storm doors manufactured from June 1, 1999, through August 16, 1999, with the following product numbers: 94816, 94800, 94801, 94832 , 94833, 94802 , 94803, 94892 , 94893, 94856 , 94858 , 94924 , 94860, 94862, 94925 , 94864 , 94866.

War Story
(When home inspectors get together they often talk about the unusual situations they have encountered,
these are known as "war stories".)

Author:James F. Rooney
Subject: War Story

Dennis,

I was inspecting a summer cottage way down at the very end of Maryland where the Chesapeake Bay and Patuxent River dump out into the Atlantic Ocean. It's an area that's pretty remote and were it not for a Navy Air Station and recreational fishing, there would be no reason to populate the place.

The cottage was a party house built by a now deceased bar owner and it was 50 plus years old and was all original equipment. The buyers were a couple of lawyers from DC. There was a "lawn ornament" in the front yard-- one that was a 12 inch ball set on the base of a bird bath-- normally shiny silver or blue-- but this one was dull black so I went over and looked at it. Well, I'm no ordnance expert but I was in the Navy and I do know a firing device when I see one and this thing had one-- so I tell the lady that this thing looks suspicious and that she should have an expert look at it and I said that the Navy would certainly have someone so call them or someone, anyone. She said OK and that was that. This took place in May.

In August the lady calls me up and needs a copy of the report because the dog ate the original and I said, "OK, by the way, what did you do about the cannon ball?" She said "Nothing" so I made her promise me that as soon as we got off of the phone that she would call SOMEONE and tell them to come look at this thing.

Well she did. She called the cops-- down there that's the State Police-- they came out, took one look at it and called the Bomb Squad -- they came out and EVACUATED THE NEIGHBORHOOD!!! Then they got one of those robots to load the thing in a bomb van and they took it out into a big field, set a charge next to it and set it off and the cannon ball BLEW UP!! It was LIVE.

They estimated that its age was from 1840 -- that's right, 1840 -- Before the Civil War. You see we had this little problem with the British around 1812 and some smart-ass Brit General snuk up the rivers and burned Washington DC (except for the Marine Barracks because that had such respect for the US Marines) then they scuttled away and we won the war. After which the US Congress decided that shore batteries would guard the openings of the great navigable rivers, Potomac and Patuxent, and our cannon ball was a High Explosive round from that era-- so said the ordnance experts.

In 26 years of Home Inspecting I've found hidden firearms, drugs, pornography, kinky marital aids, dead cats and dogs, money in very SMALL amounts but never anything quite like this.

James F. Rooney

Send your home questions, news / legal articles or lighthearted quips to:

Dennis Robitaille

Newsletter Archives - From Winter 1999

Attorney
Reference
Past Client
Comments
Special
Investigations
About The Inspector Inspection & Fees
Expert Witness Asbestos Carbon Monoxide Radon Gas

Truth About Real Estate Agent Referred Home Inspectors Do You Need An Engineer
Or A Home Inspector?
Difference Between Appraisals
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