90.2 Is it covered or not?

[elyria]

The question is,
the electric utility within my city has been contracted to install roadway lighting along a private roadway. The city's position is, that if the lighting is not within the public right-of-way, then the utility must procure a permit and follow all the requirements of the NEC and the Codified Ordinances of the City.

The utility position is, that they are exempt from the code and all permits pursuant to 90.2(B)(5).

Who's right?

[ December 15, 2003, 10:54 AM: Message edited by: elyria ]

 

[bob]

Re: 90.2 Is it covered or not?

Questions - Who will own the lights once the installation is completed?
Is is type work routinely done by an electrical contractor?
It is fairly routine for a utiltiy to install lighting on private property. I think you will find that the utility specs will usually exceed the requirements of the NEC.

 

[iwire]

Re: 90.2 Is it covered or not?

In this area the POCO is more than happy to install and rent the equipment for lighting private property.

I think if you told them they need permits they would be rolling on the ground laughing.

 

[tom baker]

Re: 90.2 Is it covered or not?

If the utility can install lighting in the public row is up to the state electiral board or commission. This was clarifed in the 2002 NEC. If the installation is under the exclusive control of the utility then it is exempt from the NEC and the rules of the NESC apply.

See 90.2(B) 5
(5) Installations under the exclusive control of an electric utility where such installations
a. Consist of service drops or service laterals, and associated metering, or
b. Are located in legally established easements, rights-of-way, or by other agreements either designated by or recognized by public service commissions, utility commissions, or other regulatory agencies having jurisdiction for such installations, or
c. Are on property owned or leased by the electric utility for the purpose of communications, metering, generation, control, transformation, transmission, or distribution of electric energy.

Heres the key "public service commissions, utility commissions, or other regulatory agencies having jurisdiction for such installations"

Of course the city can install its own lighting under the scope of the NEC

 

[charlie]

Re: 90.2 Is it covered or not?

If your state or local government adopts the NESC into law (the state of Indiana does), the NESC also applies.

Rule 011 Scope
B. The NESC covers utility facilities and functions up to the service point.
C. NESC rules cover street and area lights (supplied by underground or overhead conductors) under the exclusive control of utilities (including their authorized contractors) or other qualified persons (such as those associated with an industrial complex).