"Shall Be Permitted"

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fifty60

Senior Member
Location
USA
Is "shall be permitted" intended to be all inclusive, or is meant to be open ended? I know "shall" is mandatory, but when the code reads "shall be permitted" does that mean that it is defining all the conditions that a particular instance can be applied, or is it limiting a particular instance while leaving the some from for interpretation and application?

In other words, does "shall be permitted" really mean "shall ONLY be permitted".
 

K8MHZ

Senior Member
Location
Michigan. It's a beautiful peninsula, I've looked
Occupation
Electrician
Is "shall be permitted" intended to be all inclusive, or is meant to be open ended? I know "shall" is mandatory, but when the code reads "shall be permitted" does that mean that it is defining all the conditions that a particular instance can be applied, or is it limiting a particular instance while leaving the some from for interpretation and application?

In other words, does "shall be permitted" really mean "shall ONLY be permitted".

No. The phrases are contradictory.

Consider this:

A: "Ground rods shall be made of copper, copper clad steel shall be permitted."

B: "Ground rods shall be made of copper, copper clad steel shall only be permitted."

A allows both, B ONLY allows copper clad steel.
 

GoldDigger

Moderator
Staff member
Location
Placerville, CA, USA
Occupation
Retired PV System Designer
Is "shall be permitted" intended to be all inclusive, or is meant to be open ended? I know "shall" is mandatory, but when the code reads "shall be permitted" does that mean that it is defining all the conditions that a particular instance can be applied, or is it limiting a particular instance while leaving the some from for interpretation and application?

In other words, does "shall be permitted" really mean "shall ONLY be permitted".
" Shall be permitted" means that the permission itself is mandatory. If you decide to do it that way the AHJ must accept it.
But it does not require you to use that method if you prefer some other allowed method instead.
 

don_resqcapt19

Moderator
Staff member
Location
Illinois
Occupation
retired electrician
Is "shall be permitted" intended to be all inclusive, or is meant to be open ended? I know "shall" is mandatory, but when the code reads "shall be permitted" does that mean that it is defining all the conditions that a particular instance can be applied, or is it limiting a particular instance while leaving the some from for interpretation and application?

In other words, does "shall be permitted" really mean "shall ONLY be permitted".
In a number of cases they have tried to say that it means "shall only be permitted". Look at the rules for parallel conductors in the 2008 and earlier codes. The intent of that shall be permitted was to say that you cannot parallel conductors smaller than 1/0.
That is not a correct use of the term per the NEC Style Manual. The term "shall be permitted" is intended to act much like an exception, by permitting an alternate method.
 

tkb

Senior Member
Location
MA
Shall be permitted,
Shall only be permitted,
Shall be required,
All have different meanings.
 

jxofaltrds

Inspector Mike®
Location
Mike P. Columbus Ohio
Occupation
ESI, PI, RBO
In a number of cases they have tried to say that it means "shall only be permitted". Look at the rules for parallel conductors in the 2008 and earlier codes. The intent of that shall be permitted was to say that you cannot parallel conductors smaller than 1/0.
That is not a correct use of the term per the NEC Style Manual. The term "shall be permitted" is intended to act much like an exception, by permitting an alternate method.

Agreed. It is that simple.
 
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