Electrical – old wiring inside wall gets voltage when shared switch is used – safe and to code

Here's the real story:

http://www1.eere.energy.gov/buildings/appliance_standards/residential/ceiling_fans.html

As required by the Energy Policy Act of 2005 (EPACT 2005), the U.S. Department of Energy (DOE) has established test procedures and energy conservation standards for ceiling fans and for ceiling fan light kits.

Ceiling fan light kits with any other socket type including but not limited to candelabra screw base sockets, intermediate screw-base sockets, 2-pin halogen sockets, and bayonet sockets manufactured on or after January 1, 2009, shall not be capable of operating with lamps that total more than 190 watts and must be packaged with lamps that together total 190 watts or less. DOE indicated in a January 11, 2007, final rule that it recognizes that manufacturers may choose to follow one of several possible design pathways to ensure that the light kit is not capable of operating with lamps that total more than 190 watts.

http://www.regulations.gov/#!documentDetail;D=EERE-2006-TP-0121-0003

DOE is interpreting the 190-watt limit on power consumption for certain ceiling fan light kits as a design requirement. This approach will require that manufacturers incorporate some measure such as a fuse, circuit breaker or current-limiting device to ensure the light kit is not capable of operating with a lamp or lamps totaling more than 190 watts.

I am sure there are a few reasons for this but this happened to me years ago and simply the switch (usually black horizontal on/off style) was in the middle. Turn it to the left or right. I know that you have a remote that should change this but I wonder if it would work while in the middle position.