Does a future, less restrictive, code trump the present code?

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yeknom

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If a condition is permitted under the 2008 NEC, but violates the 2005 NEC will it nevertheless be issued a violation, by a municipality that has not yet adopted the 2008 code and is still operating under the 2005 Code? (NYC).
(Specifically I am concerned with 690.64(B)(2) which is LESS RESTRICTIVE in 2008 than in 2005.

Will that violation, in general, automatically be removed (voided, nullified) when the city adopts the 2008 code?
 
Dennis Alwon

Dennis Alwon

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Chapel Hill, NC
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Retired Electrical Contractor
Technically you must follow the 2005 but some inspectors may accept a less restrictive code if shown that the nec changed their view on it. Problem is the inspectors may have to cover their butts.

Look at it this way-- if the NEC has a more restrictive change in the 2008 should they make you do the more restrictive code. Personally I think that if you are under the 2005 then that is what they will demand esp. since you don't know what your state will accept or amend when and if they accept the 2008 NEC.
 
ceb58

ceb58

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Location
Raeford, NC
Dennis Alwon said:
Technically you must follow the 2005 but some inspectors may accept a less restrictive code if shown that the nec changed their view on it. Problem is the inspectors may have to cover their butts.

Look at it this way-- if the NEC has a more restrictive change in the 2008 should they make you do the more restrictive code. Personally I think that if you are under the 2005 then that is what they will demand esp. since you don't know what your state will accept or amend when and if they accept the 2008 NEC.
Click to expand...

True they must enforce what is in effect at the time. No different than the AHJ wanting you to go back and install TP recp. in a home you wired under the 05 code.
 
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yeknom

Member
PLP = Public Lighting & Power
PLP service is power for the common areas in a building that are shared and under a separate meter paid for by the landlord, condo, or coop.
 
Jim W in Tampa

Jim W in Tampa

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Tampa Florida
If your caught going 55 in a 45 mph road and they change the sign a few days later to 55 did you speed ??? Think it will be up to the judge or in this case the inspector.
 
pfalcon

pfalcon

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Location
Indiana
yeknom said:
If a condition is permitted under the 2008 NEC, but violates the 2005 NEC will it nevertheless be issued a violation, by a municipality that has not yet adopted the 2008 code and is still operating under the 2005 Code? (NYC).
Click to expand...
Yes it is a violation.
yeknom said:
Whether it is issued a violation is up to the AHJ but he is legally correct to issue the violation. He is legally wrong not to issue the violation.
(Specifically I am concerned with 690.64(B)(2) which is LESS RESTRICTIVE in 2008 than in 2005.
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Specifically it doesn't matter.
yeknom said:
Will that violation, in general, automatically be removed (voided, nullified) when the city adopts the 2008 code?
Click to expand...
No, violations are not automatically removed unless the adopting law specifically states that it is removed, which is rare.

Hypothetically:
Approved construction under 2005 NEC, completion of construction under 2008 NEC.

AHJ is legally required to enforce the 2005 NEC on the long term construction project even if the 2008 offers relief. For practical purposes the AHJ is unlikely to issue that violation. If he does issue the violation then someone in the appeal process must sign off or the violation stands.
 
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steve66

steve66

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Location
Illinois
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Engineer
roger said:
Curtis, in the spirit / theme of this thread, how do we know that the post won't be applicable after a few more pages? :grin:

Roger
Click to expand...


Good one :grin:

Our local AHJ frequently (or at least occasionaly) has let us use a newer code that hasn't yet been adopted. But for a particular project, we have to stay consistent. We can't pick the 2005 code for one requirement, and then pick the 2008 code for another requirement.

So I think it is usually at the descretion of the local AHJ.

Steve
 
Pierre C Belarge

Pierre C Belarge

Senior Member
Location
Westchester County, New York
Dennis Alwon said:
Technically you must follow the 2005 but some inspectors may accept a less restrictive code if shown that the nec changed their view on it. Problem is the inspectors may have to cover their butts.

Look at it this way-- if the NEC has a more restrictive change in the 2008 should they make you do the more restrictive code. Personally I think that if you are under the 2005 then that is what they will demand esp. since you don't know what your state will accept or amend when and if they accept the 2008 NEC.
Click to expand...

Dennis, well stated.


Jim W in Tampa said:
If your caught going 55 in a 45 mph road and they change the sign a few days later to 55 did you speed ??? Think it will be up to the judge or in this case the inspector.
Click to expand...

Jim
This is an analogy I like, and I believe the general electrical population can understand.


To the OP
This is a common question these days based on the fact so many jurisdictions are all over the place in regards to Code Cycle adoption.

The administrative codes of jurisdictions and 90.4, the last two paragraphs help an inspector to permit alternate installations based on the current codes.
Art 690, Photovoltaic installations are a consideration I believe that an inspector has to consider when dealing with PV. PV equipment and installations are generally very much linked to the current NEC cycle. So, when one is following the '05 NEC, the '08 is out, and the '11 is soon to be out, it puts an installer in a precarious position. The '05 code is based on information that is 5 YEARS old. It is difficult to install PV to this old standard. Talk to the AHJ, in NYC it is best to get it in writing from the Head Inspector.
 
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