6 disconnect rule violation?

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mpd

Senior Member
Re: 6 disconnect rule violation?

iwire

if you have been reading all the posts not just the ones that agree with you, there are two interpretations, in the state I inspect the inspector has the authority to make interpretations of the code, if the contractor does not agree, he can take him to board of appeals, and for your info, it costs the contractor about $120 dollars to file an appeal, about a month or two to get your case heard, and a 50/50 chance of winning, would it be worth it? if I was a contractor, let me think, cannot get paid because the job failed, unhappy homeowner, spend money to appeal, my time to go to appeal, or buy a main breaker, which one would you chose?
do you think it would be a no lose situation at an appeals hearing?
 

mdshunk

Senior Member
Location
Right here.
Re: 6 disconnect rule violation?

Originally posted by mpd:
iwire

if you have been reading all the posts not just the ones that agree with you, there are two interpretations, in the state I inspect the inspector has the authority to make interpretations of the code, if the contractor does not agree, he can take him to board of appeals, and for your info, it costs the contractor about $120 dollars to file an appeal, about a month or two to get your case heard, and a 50/50 chance of winning, would it be worth it? if I was a contractor, let me think, cannot get paid because the job failed, unhappy homeowner, spend money to appeal, my time to go to appeal, or buy a main breaker, which one would you chose?
do you think it would be a no lose situation at an appeals hearing?
I can summarize that. Assume I've got a gun pointed at you. "Do you feel lucky, punk?".
 

JohnE

Senior Member
Location
Milford, MA
Re: 6 disconnect rule violation?

Originally posted by mpd:
iwire

if you have been reading all the posts not just the ones that agree with you, there are two interpretations, in the state I inspect the inspector has the authority to make interpretations of the code, if the contractor does not agree, he can take him to board of appeals, and for your info, it costs the contractor about $120 dollars to file an appeal, about a month or two to get your case heard, and a 50/50 chance of winning, would it be worth it? if I was a contractor, let me think, cannot get paid because the job failed, unhappy homeowner, spend money to appeal, my time to go to appeal, or buy a main breaker, which one would you chose?
do you think it would be a no lose situation at an appeals hearing?
Is there an appeal process for "after the fact" as in MA?
 

iwire

Moderator
Staff member
Location
Massachusetts
Re: 6 disconnect rule violation?

Originally posted by mpd:
iwire

if you have been reading all the posts not just the ones that agree with you, there are two interpretations, in the state I inspect the inspector has the authority to make interpretations of the code, if the contractor does not agree, he can take him to board of appeals, and for your info, it costs the contractor about $120 dollars to file an appeal, about a month or two to get your case heard, and a 50/50 chance of winning, would it be worth it?
No it would not be worth it but the EC should not have to do that if you enforce the code as written. :(
 

JohnE

Senior Member
Location
Milford, MA
Re: 6 disconnect rule violation?

Originally posted by mpd:
iwire

if you have been reading all the posts not just the ones that agree with you, there are two interpretations, in the state I inspect the inspector has the authority to make interpretations of the code, if the contractor does not agree, he can take him to board of appeals, and for your info, it costs the contractor about $120 dollars to file an appeal, about a month or two to get your case heard, and a 50/50 chance of winning, would it be worth it? if I was a contractor, let me think, cannot get paid because the job failed, unhappy homeowner, spend money to appeal, my time to go to appeal, or buy a main breaker, which one would you chose?
do you think it would be a no lose situation at an appeals hearing?
From a business standpoint it would certainly not be worth it.

From a personal standpoint since I've invested a lot of time, effort, and money to learn my profession and do it well; it just might be worth it.
 

pierre

Senior Member
Re: 6 disconnect rule violation?

As a business decision, it is hard to have to wait so long. The downside of letting it slipe by is the inspector is being enabled to continue his/her poor conduct and it hurts all involved. So, this does become a large issue and maybe worth fighting for...that decision can only be made by the individual involved.

Maybe the work can be continued, and then the appeal can be made. While waiting, the job continues and then the appeal decision comes down.

The ultimate way around all of this is proper inspector training.
 

jimwalker

Senior Member
Location
TAMPA FLORIDA
Re: 6 disconnect rule violation?

"if you have been reading all the posts not just the ones that agree with you, there are two interpretations, in the state I inspect the inspector has the authority to make interpretations of the code, if the contractor does not agree, he can take him to board of appeals, and for your info, it costs the contractor about $120 dollars to file an appeal, about a month or two to get your case heard, and a 50/50 chance of winning, would it be worth it? if I was a contractor, let me think, cannot get paid because the job failed, unhappy homeowner, spend money to appeal, my time to go to appeal, or buy a main breaker, which one would you chose?
do you think it would be a no lose situation at an appeals hearing? "

Big differance between interpretating and making up your own rules.If i had to deal with a system and inspector like this i would be sure his demands are in writing.Next step after the head electrical chief won't help is to change the work so that it passes.Then take it to appeals.If i win then i would proceed to send them a bill and take it to court.
Worth it for just one job NO.But if enough contractors fight back they might start using the code book.Only other choice is to throw away the nec and just do what ever they tell you too.Stand up to them and they will think twice about citing anything they cant site a numer for.
 

marc deschenes

Senior Member
Re: 6 disconnect rule violation?

Originally posted by iwire:
Marc you said

Originally posted by marc deschenes:
Jim , if you can find a 40 circuit main lug only panel listed as suitable as service equipment I would love to see it.
A simple question to which I gave a simple response.

Square D's own FAQ stated all their panels are suitable for use as service equipment.

I am sorry if I mislead you posting info direct from the Manufacture.

Here is the label on a Cutler Hammer MLO panel I worked on today.

Never assume that an MLO panel is not service rated.
Bob I should have been more concise , When I said "main lug only " I meant "only" as in without the use of a circuit breaker . Jim had implied that it would be O.K. to use a 40 circuit main lug panel for the application in the original post ,... It is not if the supply is to the main lugs.
 

iwire

Moderator
Staff member
Location
Massachusetts
Re: 6 disconnect rule violation?

Originally posted by marc deschenes:
When I said "main lug only " I meant "only" as in without the use of a circuit breaker . Jim had implied that it would be O.K. to use a 40 circuit main lug panel for the application in the original post ,... It is not if the supply is to the main lugs.
Marc your still assuming that, read the listing label on this Cutler Hammer MLO 42 circuit panel.

:cool:

[ November 26, 2005, 11:47 AM: Message edited by: iwire ]
 

jwelectric

Senior Member
Location
North Carolina
Re: 6 disconnect rule violation?

Originally posted by mpd:
iwire

if you have been reading all the posts not just the ones that agree with you, there are two interpretations, in the state I inspect the inspector has the authority to make interpretations of the code, if the contractor does not agree, he can take him to board of appeals, and for your info, it costs the contractor about $120 dollars to file an appeal, about a month or two to get your case heard, and a 50/50 chance of winning, would it be worth it? if I was a contractor, let me think, cannot get paid because the job failed, unhappy homeowner, spend money to appeal, my time to go to appeal, or buy a main breaker, which one would you chose?
do you think it would be a no lose situation at an appeals hearing?
If the code enforcement official had an attitude that is displayed by this post then the general contractor, financial intuition, home owner and I would be in it for the long haul. :p

One thing to remember is that in civil court the cases are awarded based on the ponderous of evidence not on the shadow of doubt outlined in criminal cases. The only thing that I would to prove is that your decision was made by personal preference and not the facts outlined by written word. :cool:

So now the question comes back at you, which would you choose? Are you that sure that you are right?
Would you take the chance of having a judgment rendered against you for several thousand dollars? :roll:

In closing I make this statement, if you were in my jurisdiction and I knew that you were n my jurisdiction this post would be lying on the desk of the chairman of the board of directors Monday morning. :mad:
 

jimwalker

Senior Member
Location
TAMPA FLORIDA
Re: 6 disconnect rule violation?

I have more respect for Jessie James than an inspector that uses his powers to win his arguments by using time factor and $120 to fight him.And i too would see that this post was handed to many in his area,including TV stations.Red tag me for violations that are clear in the code book not just your opinion and you will earn my respect.Years ago Naples Florida had a problem with an inspector like this.Some guys threatened to throw him off a high rise,he resigned rather fast. :mad: :mad: :mad:
 

George Stolz

Moderator
Staff member
Location
Windsor, CO NEC: 2017
Occupation
Service Manager
Re: 6 disconnect rule violation?

Originally posted by jwelectric:
One thing to remember is that in civil court the cases are awarded based on the ponderous of evidence not on the shadow of doubt outlined in criminal cases.
That's a dramatization. Criminal cases are based on a "reasonable doubt," not "beyond the shadow of a doubt" as we commonly say. The existence of UFO's could cast a shadow of a doubt on a case, but not a reasonable one. :D

Jim wrote:
I have more respect for Jessie James than an inspector that uses his powers to win his arguments by using time factor and $120 to fight him.
What are you talking about? Jesse James deserves a lot of respect in his own right. :D
:p
 

mpd

Senior Member
Re: 6 disconnect rule violation?

let me first clarify my position, I DO NOT and HAVE NEVER, failed anybody for example, I just do not like it, not in my town, you know what I mean, your job as an inspector is not to make up your own rules or slow the job down, your job is to inspect and make a decision based on the NEC and the best information available to you, but you will be required to make interpretations popular & unpopular, how many times have you been at a seminar and have 6 different opinions on one code section and after an hour of debate you still do not have full agreement, does that mean whoever did not agree with the instructor is stealing, has poor conduct, needs re-training or should be fired, give me a break! if this post was such a clear cut decision we would not have 9 pages of posts. and my point on board on appeals is as a contractor that is your only recourse if you cannot work it out with the inspector, and believe me I would much rather work it out then sit at an appeals hearing for this! sorry if I got people worked up over that post, that was not my intention.
 

necbuff

Senior Member
Re: 6 disconnect rule violation?

George,

Don't have a stroke on my account. YOU are the one putting 12 single pole breakers in and violating the code.

(A) If you have never been an inspector, don't knock it when 90.4 comes into play.

(B) For someone who claims to be a code guru, SHOW me where you can't install that scenario. It is kind of like that receptacle above a drop ceiling. Nothing says it can't be there, you just can't leave nothing plugged into it.

(C) This rule of thumb is code compliant when installed as is. It would be ridiculous to limit an enclosure to 6 spaces on a 3 phase system just because he has 3 single pole breakers in it. There may be a need for other 3 phase loads. Inspectors are just that, not expectors. It is when people like you misuse the situation, not the equipment, that creates a violation.

(D) I have been in this business a long time, a lifetime as a matter of fact. We all, including myself, sometimes need to earth our pride and use some common sense and quit trying to glorify ourselves as a source of ALL answers. We don't have them and the NEC does'nt always either. That is when experience, common sense, and 90.4 comes into play.

(E) Be careful playing with that gun, the foot you shoot may be your own!

[ November 26, 2005, 02:05 PM: Message edited by: necbuff ]
 

marc deschenes

Senior Member
Re: 6 disconnect rule violation?

Originally posted by iwire:
Originally posted by marc deschenes:
When I said "main lug only " I meant "only" as in without the use of a circuit breaker . Jim had implied that it would be O.K. to use a 40 circuit main lug panel for the application in the original post ,... It is not if the supply is to the main lugs.
Marc your still assuming that, read the listing label on this Cutler Hammer MLO 42 circuit panel.

:cool:
My hat is off Bob ,you found an example and If jim had one of these special order 3 phase panels kicking around in his truck I guess he could use it .
Does this rating apply when this panel is used as a lighting and small appliance panel board??
Thanks Bob .
 

marc deschenes

Senior Member
Re: 6 disconnect rule violation?

I think it would help to know more about the equipment used in the original post .

What brand and model is it?
 

George Stolz

Moderator
Staff member
Location
Windsor, CO NEC: 2017
Occupation
Service Manager
Re: 6 disconnect rule violation?

Don't have a stroke on my account. YOU are the one putting 12 single pole breakers in and violating the code.
By this very statement, you have admitted that it is the number of handles that either makes or breaks the code, not the number of spaces available.

(A) If you have never been an inspector, don't knock it when 90.4 comes into play.
I have full respect for the difficulties inspectors face. I fail to understand why an informed inspector with so much on his plate as it stands, would bother adding rules (such as your unfounded rule of thumb) to the real, written rules of such an oppressively large document.

(B) For someone who claims to be a code guru, SHOW me where you can't install that scenario.
Sir, I have never claimed to be a guru, or to have all the answers. I call it as I see it. If I don't know something, I ask. If I feel I have a bead on something, I assert my opinion. If I feel strongly enough about an issue, I assert my opinion as a fact. I make every attempt to back up items I consider "facts" with solid code references that confirm my statements.

I credit this forum with giving me some understanding of the NEC, which has in turn given me the confidence to speak my mind on issues such as these. If a green 3-month apprentice walks in here with the right answer to a question, or a valid viewpoint on a topic, then that opinion is given the same amount of space as an individual who has been in the industry for 60 years.

It is kind of like that receptacle above a drop ceiling. Nothing says it can't be there, you just can't leave nothing plugged into it.
Of course you can use it, otherwise it's existence would be pointless. See the back pages of ECM magazine, Mike Holt's piece, for a nice discussion of when this transpires. (I'm sure you've seen it, and was fresh in mind, which is why you came up with this example out of thin air. It's relevance to our little spat is questionable.)

(C) This rule of thumb is code compliant when installed as is. It would be ridiculous to limit an enclosure to 6 spaces on a 3 phase system just because he has 3 single pole breakers in it.
Who's to say the panel isn't large to allow for expansion at some future time? You have no ground to stand on, except for 90.4, which IMO, is the battle cry of the defeated.

It is when people like you misuse the situation, not the equipment, that creates a violation.
Come again? People like me?

I seem to recall saying something along the lines that an installation such as this is goofy, but code-compliant.

(D) I have been in this business a long time, a lifetime as a matter of fact.
Forgive my lack of intimidation at your tenure.

I have been in this business for 3 years, 5 months and 4 days. I am 25 years old. I have not seen everything, done everything, or even been doing this longer than I spent flipping burgers. And you know what, it doesn't matter because I don't have to know everything to find this:

225.33(A) General. The disconnecting means for each supply permitted by 225.30 shall consist of not more than six switches or six circuit breakers mounted in a single enclosure, in a group of separate enclosures, or in or on a switch-board. There shall be no more than six disconnects per supply grouped in any one location.
I don't need to be in this business another 50 years to know that this does not make any mention of available spaces in the enclosure. I can read and comprehend this information without the aid of a lifetime's work. I don't need to invent rules of thumb, or limericks, or catchy slogans to find and use the requirements of this installation.

We all, including myself, sometimes need to earth our pride use some common sense and quit trying to glorify ourselves as a source of ALL answers.
When I have all the answers, I'll be at room temperature.

What I do have is the text to back up my opinion.

(E) Be careful shooting that gun, the foot you shoot may be your own!
Wise words, Hopalong.

Have a good day now. ;)
 

necbuff

Senior Member
Re: 6 disconnect rule violation?

You proved my point. Thank you, I couldn't have said it better myself.

P.S.....I didn't see the article. And I think I said you couldn't leave anything plugged into it. I did not say anything about not being able to use it....

[ November 26, 2005, 04:12 PM: Message edited by: necbuff ]
 

iwire

Moderator
Staff member
Location
Massachusetts
Re: 6 disconnect rule violation?

Originally posted by necbuff:
You proved my point. Thank you, I couldn't have said it better myself.
Instead of the clever retort how about a NEC section to back up your opinion? :p
 

necbuff

Senior Member
Re: 6 disconnect rule violation?

225.33(A)
230.71(A)

It speaks for itself... If the system is single phase, then the MAXIMUM spaces permitted would be 12. It is reasonable to say that a maximum of up to (6) 2 pole breakers could be installed. That does not mean you can put 12 single pole breakers in it. That is the installers abuse of the situation. Why would you need a bigger enclosure?

Same goes for a three phase system. 18 spaces. Why do you need more?

Do you need that many? maybe , maybe not. But in no case can you exceed the above,so why argue. It is moot.
Anything larger needs a main. Then you can put as many breakers as you want. A 24 circuit MLO panel on a single phase separate structure has NO legitimate purpose. 12 is the MAX, period. With that being said a 12 circuit could be legit even though you are only using three or four spaces. Until this language is clarified inspectors have to make field calls. Even if electricians don't like it.

This is in no way making up rules as we go. It clearly says up to how many disconnects we can have and no more.

[ November 26, 2005, 03:41 PM: Message edited by: necbuff ]
 
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