700.9(b)(5) ? (2008 nec)

[charlie b]

A backup generator with its own generator breaker serves a small distribution panel. The DP is main lugs only, and has two breakers. One breaker serves an Emergency transfer switch, and the other serves an Optional Standby transfer switch.

Would this violate the (new for 2008) requirements of 700.9(B)(5)?

 

[ron]

I think it violates the code section you mention. I recall similar intent/wording in previous version of the code, but I don't have them handy.

 

[ceb58]

Looks as if 700.9 B 5 C says no.