230.79 Service disco rating

[Frank D]

We are replacing Services all across the Los Angeles County area. Insurance companies are requiring the replacement of all Zinco and FPE and other types of panels.
We have one inspector who is taking code section 230.79 part D and saying that we need to update the service size to 60 A. The existing service to the small apartments are 40 A. To increase the breaker size to 60 A we have to rewire from the meter to each apartment.
Our position is that this service to the subpanel does not need to be upgraded when we’re replacing the equipment for like kind, and that applies to only new panel installations.
Many of these older apartments are wired with Romex and that would mean, tearing the walls out throughout the whole complex to upgrade the circuit to 60 A
Any thoughts?

 

[jim dungar]

This is an AHJ and local rules issue. The NEC does not specifically say when systems may or may not be 'grandfathered in' versus needing to meet current code

 

[tortuga]

We have one inspector who is taking code section 230.79 part D and saying that we need to update the service size to 60 A. The existing service to the small apartments are 40 A.

All I can say is I feel your pain, generally old apartments, townhouses, and condo complexes = can of worms. What is expected here for a 'service change' is for the new equipment to fully comply with current code. If I am permitting 'replacing' a service that means current code, repairing a component of an existing service is different.
The way permitting works here is if a 'service change' is under some number of amps (800? and I can't recall how many) the permit is issued over the counter (online) however that leaves everything up to the field inspector.
I have run into issues much worse than just undersized feeders, so sometimes I opt in for a 'plan review' when one is not required.
This avoids surprise issues with inspectors after the fact. If we have an approved plan set like a larger job would have then there is less to debate with the field inspector and it makes their job easier.