Pierre C Belarge said:
Fred
I have respect for both you and Ron, but this bulletin is poorly worded and basically leaves the decision open to the designer/installer and code official.
Thanks for the respect, Pierre. You're absolutely correct, i.e., the decision is open to the designer/installer and code official. It was purposefully crafted in that way as a matter of law.
Pierre C Belarge said:
"As a practical matter, the location of the disconnecting means and the length of the service entrance conductors should be established by the designer and installer in consultation with the local code enforcement official prior to installation."
To understand this more fully, Pierre, keep in mind that New York State is a "Home Rule" state.
Beginning in the late 1860's, corporations began amassing huge wealth and power and began exercising their powerful influence into local decision-making processes. Through their power they were able to get the Congress and State legislatures to bestow Constitutional powers to corporations which constricted democracy. Democracy was so constricted at the local municipal level that protection of workers rights, community values, natural resources were prevented at this level. The Constitution of the United States does not mention "Local Governments", yet state laws and federal courts continue to relegate municipalities to a subordinate status that contradicts the Constitutional status of The People. Today, there are 43 states that have laws or provisions within their Constitutions acknowledging the rights of citizens through their local municipal home rule provisions.
Pierre C Belarge said:
This is interpreted to say. "Let the coyote in the chicken house", if you catch my drift.
I couldn't disagree more. In fact, I believe the exact opposite.
Pierre C Belarge said:
You are well aware of what is happening with "code officials" in NYS. When you folks developed this bulletin, you might as well have said, Just call the local inspector and he will make the decision...that is just what is happening, with each inspector calling his own shots.
Absolutely. That's the intent behind a democracy. The decision is left to those who are charged with the authority by an elected body. Very democratic. Not a private 3rd party inspector, a code enforcement
Official.
Pierre C Belarge said:
What ever happened to a state wide code??? Talk about "not in my town".
In our area, one of the inspectors is allowing the SE conductors into the building a long ways, as long as it is in RMC. Was this your intent when writing this?
It seems as though the idea behind this bulletin is to let happen what each individual inspector sees fit.
The intent was to permit the duly appointed Official to decide. We do have a state wide code. Local Governments are charged with the administration and enforcement of the NYS Uniform Fire Prevention and Building Code (which ultimately references the National Electrical Code which is really a Standard). A local government has the option to decline the responsibility by adopting a local law to that effect, in effect passing the responsibility to the local County, on up to the State level.
Pierre C Belarge said:
Again, in NYS, an electrical inspector is not required to be from the electrical industry. There are instances where the inspectors are not well versed in the NEC.
We in the industry need to work at a grass roots level to improve our industry. The industry is at fault for not training the inspectors. Just look at the politics in the inspector's organizations.
Pierre C Belarge said:
It just plain makes me ill. I am contemplating leaving the inspection part of our industry in NY because it is just such a joke.
Don't do it, Pierre. We need people like you out there on the front lines. I know it's discouraging, but tough it out. You are a great asset to us.
Pierre C Belarge said:
The vague bulletins (How much consensus is there in designing these code bulletins?)should be halted, and the effort should be concentrated on trying to set a standard in NY for at least a MINIMUM OF SKILLS AND OVERSIGHT for electrical inspectors, so that the work in this great state will rise up to a level of at least mediocrity.
Pierre C Belarge said:
(Not all work here is mediocre...but AT LEAST 50% is)
Just take a real honest look at what has happened to standards writing organizations and manufacturers. These are huge corporations that have had a tremendous effect on our rights even as they relate to our own homes and businesses. Today, the need has never been greater for communities to assert local democracy and make choices that carry the weight of law about all manner of interest dealing with the quality of life. State legislators and judges in cahoots with corporations and lobbyists have preempted local democracy.
In my little world, Pierre, I am not going to relinquish my power without a fight. That's in large part why I help thoughtful people at the state level to craft these technical bulletins. This particular bulletin came out of a fight with a power company trying to assert how much cable could be within a building in NYS. Sorry, poco. Didn't work. Nice try.