AHJ Inspection of Existing Service Equipt

[ee4fire]

Does 90.4 cover the AHJ's ability to determine that existing electrical equipment must be replced or is another code article referenced to do so?

 

[Dennis Alwon]

That's a tough one but if the existing service was originally permitted and passed then I don't think he can. However, if work was done to the service without permit then I believe he is within his authority.

 

[Pierre C Belarge]

Typically, an inspector is not to inspect work, other than what is on the permit. There may be jurisdictions where this is not so.

There are provisions for an inspector to write up items he sees and thinks are dangerous to the occupant's well being. This does not give the inspector the right to walk around a building though, it would have to be seen as the inspector is walking to the portion of the building the inspection permit covers.

For commercial occupancies, there are a lot of jurisdictions that follow an administrative requirement for an inspection every three years or so. Generally these are safety/fire inspections, but can be expanded upon seeing dangerous situations.

 

[construct]

If your juisdiction has adopted a Property Maintenance Code, the Inspector may be able to address it.

For example: 2006 International Property Maintenance Code, section 604.3 states: "Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard."

Even at that, alot would depend on your specific circumstances.

 

[rcarroll]

If your juisdiction has adopted a Property Maintenance Code, the Inspector may be able to address it.

Yep! My town adopted the IPMC, & I'm the go to guy with it.

 

[pdmtn]

AHJ Service Inspections

AHJ Service Inspections

In Chattanooga TN. the EPB ask that the service be inspected by the Inspection Dept of Chattanooga . To get this inspection you must obtain a
Tennant Change / Meter Inspection Permit . The Inspector will check the Service only (Service Condition, Safety, Groung Rods ) and if we see any safety hazard we ask for permission to enter the premise before we allow power to be connected. There must be a Licensed Electrical Contractor with a permit make the needed repairs and call for inspection. This may not be perfect but its our job

 

[cowboyjwc]

Did this come from the AHJ or the POCO? I'm not quite sure how it works but a POCO does not have to energize your equipment and here, they will not energize it with out a written release from me, so if they see something they don't like they will require that a permit is taken out for the repairs or replacement and an inspection is made.

I've also brought this up before, but an inspector cannot walk away without noting any violations that he sees. Now I agree that I don't have the right to poke around where ever I want, but if I'm there for a service change and there's an old outlet there missing a cover, I am well within my rights to write it up. Or if I have done my due diligence and checked the address file before I went out and one of the things hooked to the new panel is a nonpermited AC unit then again, I write it up.

 

[Jim W in Tampa]

Did this come from the AHJ or the POCO? I'm not quite sure how it works but a POCO does not have to energize your equipment and here, they will not energize it with out a written release from me, so if they see something they don't like they will require that a permit is taken out for the repairs or replacement and an inspection is made.

I've also brought this up before, but an inspector cannot walk away without noting any violations that he sees. Now I agree that I don't have the right to poke around where ever I want, but if I'm there for a service change and there's an old outlet there missing a cover, I am well within my rights to write it up. Or if I have done my due diligence and checked the address file before I went out and one of the things hooked to the new panel is a nonpermited AC unit then again, I write it up.

Sounds like you would have fun in Tampa. I have seen store build outs that were clearly never permited or inspected and my orders were to fix what the inspector might see before he is called. Sometimes this can take a week or more. Personally i wish they had the right to inspect everything. Can you say plenty of OT

 

[Pierre C Belarge]

One has to remember, the Property Maintenance Code generally is the only code document that can be retroactive in the enforcement process.
But..................

Private property owners have the right to privacy in this country. So, if an inspector is called to inspect a kitchen, it does not give him the right to walk around the rest of the house. If he does, the owner can actually sue for trespassing. I have seen it happen, and this wording is not in the Admin portion of the codes, but in the actual legal documentation of the State. I have the wording around here somewhere, maybe I will look for it.

If a homeowner does not want to let an inspector onto his property, he can decline the official access. The official would then have to go to a judge for a warrant. That official better have a good reason for the judge to write the warrant.

 

[cowboyjwc]

One has to remember, the Property Maintenance Code generally is the only code document that can be retroactive in the enforcement process.
But..................

Private property owners have the right to privacy in this country. So, if an inspector is called to inspect a kitchen, it does not give him the right to walk around the rest of the house. If he does, the owner can actually sue for trespassing. I have seen it happen, and this wording is not in the Admin portion of the codes, but in the actual legal documentation of the State. I have the wording around here somewhere, maybe I will look for it.

If a homeowner does not want to let an inspector onto his property, he can decline the official access. The official would then have to go to a judge for a warrant. That official better have a good reason for the judge to write the warrant.

If the homeowner has a permit, the inspector has right of entry. If an inspection is denied then a warrent can be taken out, as you said. we probably serve about one warrent a month around here. They are like anything else once the judge get's to know you, they are easier to get, but you still have to do your due diligence.

If you do not have a permit and we are trying to gain access for a code compliance case, there are legal steps that we have to follow and make sure we dot our "i's" and cross our "t's".

 

[jwelectric]

Does 90.4 cover the AHJ's ability to determine that existing electrical equipment must be replced or is another code article referenced to do so?

NO! Article 90 of the NEC is for introduction and is not enforceable.
Can an enforcement official in the state of NC point out something that is a life safety issue although it is not part of the inspection for which he was charged to make? Yes he most certainly can. Ever hear of a place being condemned? Wonder who posts this type of order? Was it part of some inspection some contractor was asking for?

Inspector was called to look at a heat pack change out. He unit is replaced in the same place that it was previously located and it passed at the original inspection.
Inspector turns down the installation because it is in front of the service panel. Is this legal? The permit was for a change out not a service change.

Being that the original installation was a code violation the change out is still in violation and although the service was not part of the inspection the code official can turn down the job until which time it comes into compliance.

What happens is no one calls the inspection back in and it falls through the cracks. What should happen is the power turned off at the location until which time the installation becomes compliant.

 

[jumper]

Personally i wish they had the right to inspect everything. Can you say plenty of OT

You would like doing service work in VA at colleges. We get inspected by Fire Marshall/ Building Inspector every 6 months. Anything amiss has to be fixed or else big trouble.

All essential and required testing of systems is contracted out for third party verification. Contractors love us.