Ahj?

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kkwong

Senior Member
don_resqcapt19 said:
In my opinion the AHJ is not a real person...it is the legal entity that has the authority to adopt and enforce the code.

Don, I agree with you there, but isn't the code offical whether fire, electrical, building, etc. the representation of the legal entity and therefore the AHJ?

As a fire inspector, I am a representative of the fire marshal and not only do I enforce the Fire Code, NFPA Standards and State Interpretations, but I also enforce local ammendments/ordnances concerning certain sections. The 2007 IFC states that I am the "Fire Code Offical"...is not that just another fancy term for Fire AHJ?
 
don_resqcapt19 said:
In my opinion the AHJ is not a real person...it is the legal entity that has the authority to adopt and enforce the code.


The individual, such as a fire marshal is most likely an "agent" of the AHJ

In NYS, when there is a dispute, the disputee can go over the fire marshals head and ask for either a variance or a hearing.
There are 4 regional offices, and in each there are members who sit on the commitees, dealing with the disputes/variances.
These individuals again are representatives of the State. They can make decisions...yet if the person is not happy with that decision, then it can go as far as the Secretary of State, who in NYS is the AHJ.
I am not aware if that has ever occurred. The Regional disputes occur every month. I believe that in parts of NYS the regional meetings are going to be every other month.


I would be surprised if kkwong as fire marshal is not in the same situation, just an agent of the AHJ. Most AHJs have a mechanism in place to deal with disputes for their "agents", that is called government. :wink:
 

cschmid

Senior Member
this is a good dicussion..the AHJ is hired to inspect an installation..

the State sets the minimum standards and local governments can amend them..but at no time are they allowed to make a standard less stringent then the state approved standard..They how ever can make the standard more stringent..

The standards are adopted first by the NFPA (National Fire and Protection Agency) note the word fire..I have been in similar situation and this is how it was resolved the most stringent standard is enforced..the fire marshal and EI had to come to agreement and that is what was done..It was the most restrictive of the standard trying to be achieved..
 

kkwong

Senior Member
cschmid said:
this is a good dicussion..the AHJ is hired to inspect an installation..

I agree :)

the State sets the minimum standards and local governments can amend them..but at no time are they allowed to make a standard less stringent then the state approved standard..They how ever can make the standard more stringent..

Not to disagree, but a city, county or city/county can ammend state/national guidelines either based on climate, geographical and I forget the last one...basically there are three requirements to ammend at the local level state ordinance. The local municipality can also choose not to adopt chapters in either the IFC/IBC or any other code.

The standards are adopted first by the NFPA (National Fire and Protection Agency) note the word fire..I have been in similar situation and this is how it was resolved the most stringent standard is enforced..the fire marshal and EI had to come to agreement and that is what was done..It was the most restrictive of the standard trying to be achieved..

Not only does the more restrictive standard/code apply, but also the more specific the code section, the more relecvance it has. :)
 

cschmid

Senior Member
very true they do not have to adopt the most recent code..But they still have to be at least as restrictive as the code version they use..

Here in MN you don't get the not accept the most recent code..State controlled inspections and inspectors..:grin:

The state has always adopted the most recent code and normally in its full version..If the local municipalities like their state funding they adopt it as well..politics at its finest..:grin:
 

roger

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Location
Fl
Occupation
Retired Electrician
cschmid said:
this is a good dicussion..the AHJ is hired to inspect an installation..

Not in NC, the AHJ is the North Carolina Department Of Insurance and the North Carolina Building Code Council, they adopt the code with any amendments they have decided on, this may even be less strict than the current code wording. Local Inspectors only enforce the NC code.

Roger
 

cschmid

Senior Member
okay point taken..Here it is the department of labor and industry and they employee the inspectors and make the requirments to be inspectors..so if a inspector hires someone the person they hire have the same qualifications as the inspector doing the contracting with the state..:)
 

sandsnow

Senior Member
don_resqcapt19 said:
In my opinion the AHJ is not a real person...it is the legal entity that has the authority to adopt and enforce the code.

That would mean our City Council is the AHJ. I'm ROFLMAO thinking about them interpreting a code section.
 

jwelectric

Senior Member
Location
North Carolina
roger said:
Not in NC, the AHJ is the North Carolina Department Of Insurance and the North Carolina Building Code Council, they adopt the code with any amendments they have decided on, this may even be less strict than the current code wording. Local Inspectors only enforce the NC code.

Roger

And they are voting on the 2008 today!
 

roger

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Staff member
Location
Fl
Occupation
Retired Electrician
jwelectric said:
And they are voting on the 2008 today!

Hello Mike, I thought it was coming up soon.

See you at the IAEI get together in a couple of weeks.

Roger
 

growler

Senior Member
Location
Atlanta,GA
MR. S said:
OK, Friday had a discussion (argument)at work; according to the NEC, who is the AHJ the state electrical inspector or the local inspectors?


There was an article that I read some time ago that was the best explanation of just who or what is the AHJ.

Most of us have been wrong for years trying to narrow the AHJ down to a single entity.

The AHJ is in fact just what it says , The Authority Having Jurisdiction.

One a single job there may in fact be several AHJs for different portions of the job. The elecrical inspector may have the authority and jurisdiction in one area, the Fire Marshal in another and the local Health Inspector in sill another. On a military base the comanding officer may be the AHJ because he will have the authority and it is his jurisdiction.

To make it short, to figure out who/what the AHJ is you must know who has final authority and in who's jurisdiction the project comes under.

There is no simple answer as the AHJ may change from project to project.;)
 

don_resqcapt19

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Location
Illinois
Occupation
retired electrician
Larry,
That would mean our City Council is the AHJ.
That would be correct. In our town the appeal would first be to the electrical commission, then the City Council and then to the courts.
 

cowboyjwc

Moderator
Staff member
Location
Simi Valley, CA
don_resqcapt19 said:
Larry,

That would be correct. In our town the appeal would first be to the electrical commission, then the City Council and then to the courts.

Ken, the third is Topographical.

I agree with Don. The City is the AHJ, they select the Building Official and the inspectors under him are Deputy Building Officials.

Our appeal is out of wack but it should work like this, Inspector-Inspector Supervisor-Deputy Building Official (I know what I said, but we have a position)-Building Official-Director of Environmental Services (in our city)-City Manager-Council Person. We have an appeals process, but no one uses it, it's easier to call the City Manager.
 

roger

Moderator
Staff member
Location
Fl
Occupation
Retired Electrician
jwelectric said:
it made it today and goes into effect on June first with amendants

I am curious to what the amendments are. :smile:

Roger
 

jwelectric

Senior Member
Location
North Carolina
roger said:
I am curious to what the amendments are. :smile:

Roger

Here are three that I have heard about but remember "I heard" don't mean that it is true

1- 210.12 The expansion to the AFCI to other rooms will not take place until January 1, 2009. This means that we will be using the 2005 code on where AFCI protection through December 31 and the 2008 Code will take over starting January 1, 2008.

2- 334.15 (C) The words Crawl Spaces was removed.

3- 406.8 (A) & (BE) The requirement for receptacles subject to wet or damp location be a listed weather-resistant type has been put off until January 1, 2009. This will match the requirements for AFCI Protection as when it will be required.
 
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