90.4 Enforcement.

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fmtjfw

Senior Member
Section/Paragraph: 90.4 Enforcement.

Modified Text

90.4 Enforcement. This Code is intended to be suitable for mandatory application by governmental bodies that exercise legal jurisdiction over electrical installations, including signaling and communications systems, and for use by insurance inspectors.

...

By special permission, the The authority having jurisdiction may grant special permission and waive specific requirements in this Code or permit alternative methods where it is assured that equivalent objectives can be are achieved by establishing and maintaining effective safety.

This Code may require new products, constructions, or materials that may not yet be available at the time the Code is adopted. In such event, the authority having jurisdiction may, in place of those not yet available, permit the use of the products, constructions, or materials that comply with the most recent previous edition of this Code adopted by the jurisdiction.

Substantiation:

"to be suitable" and "can" are unenforceable terms according to NEC_StyleManual_2011.pdf 3.2.1.

"By special permission" does not grant to the AHJ the ability to "waive specific requirements", rather the AHJ grants "special permission" by "waiving specific requirements".

Limit use of previously adopted Codes to "not yet available".
 

George Stolz

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Staff member
Location
Windsor, CO NEC: 2017
Occupation
Service Manager
Again a waste of time, but it should be rejected as the concept they appear to be advocating is that special permission is requisite to waiving requirements. An inspector or AHJ simply looking the other way is inherently discouraged the way it is currently written.

As you have it, the AHJ can take either action independently.
 
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