jwelectric
Senior Member
- Location
- North Carolina
dnem said:And in Medina County Ohio all that would get you was a house that the power company would refuse to energize. You wouldn't get a meter without a passing inspection.
Yes I will be glad to discuss the issue of 90.4 with you as it is obvious that you need some guidance in this matter.dnem said:Now rather than acting like a child would you rather have an intelligent adult discussion ?
David
To start, Article 90 is an introduction to the code and contains no rules that govern the installation of an electrical system. There is nothing in Article 90 to enforce.
Section 90.4 addresses the enforcement of the NEC and the procedure in adopting alternate rules by the Governmental Body that exercise legal jurisdiction over electrical installations as outlined in the very first sentence.
In that first sentence it also states that an insurance inspector can use the NEC to determine the fault in an insurance claim.
Now why would this section refer to this one person as an inspector here and then call a code enforcement official by something like the authority having jurisdiction?
The authority having jurisdiction as referred to in 90.4 is the governmental body not just some cross trained nail bender that thinks that this section of the code gives him power to interpret the points of law or the authority to waive certain laws. How did this warped thinking ever get started?
The only referral to one individual referenced in 90.4 is the insurance inspector.
Here in North Carolina our General Assembly is the governmental body that has the power to adopt and amend the NEC and the Department of Insurance Office of the State Fire Marshall is charged with the responsibility of enforcement. I think that this is the case in the state of Ohio also.
The Department of Insurance then lets each jurisdiction (county or city) add to this adopted code and hire enforcement officials to inspect the installations for code compliance. These enforcement officials are required to pass a test administered by the Department of Insurance before becoming a certified code enforcement official. Although these code enforcement officials work for each jurisdiction they must answer to the Department of Insurance or their Authority.
Now for someone to think that the power to interpret the law would be left on the shoulders of one man just don?t understand the legal system of America. Even in a court room one has the right to appeal the judge?s decision on a point of law. This can be carried to the Supreme Court of this country where there is nine people to debate the final decision.
It has been my experience that when I run across an inspector that tries to play hard ball I just butter him up until I can get him to let something be substituted and then ask for this permission in writing. I haven?t found one yet that would put their name on something in writing as outlined in ?special permission? in article 100. I then ask if they are not the AHJ and have the power to sign, but they never answer nor do they sign anything. I guess they don?t want to be the AHJ at that point in time.
Now to settle this 90.4 with you once and for all.
When you site 90.4 on your rejection what are you addressing that is in violation?
Am I in violation of the adoption of the NEC?
Am I in violation of permitting alternative methods?
Am I in violation of permitting the use of the products, constructions, or materials that comply with the most recent previous edition of this Code?
Site me with a violation of 90.4 and I ignore it and proceed as though I have passed inspection and will not even call to see just what you are talking about.
90.4 does not address any rule of the NEC.
Should you try to cause me a problem because I didn?t comply with 90.4 then we will let who ever signed your certificate explain to us both what part of 90.4 was in violation.
Was this intelligent enough? Is this how an adult would discuss this?