Authority Having Jurisdiction

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fbhwt

fbhwt

Electrical Systems Inspector
Location
Spotsylvania,Virginia
Occupation
Electrical Systems Inspector
What are or should be the requirements for one who assumes the responsibility of the "Authority Having Jurisdiction"?
 
fbhwt said:
What are or should be the requirements for one who assumes the responsibility of the "Authority Having Jurisdiction"?
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The definition in Article 100 pretty much spells it out. The FPN (informational note) has some examples. Remember, the AHJ might not be the inspector. The AHJ may be the entity he is working for. Read the entire definition and if you still have questions, this is the place to seek answers.
 
K8MHZ said:
The definition in Article 100 pretty much spells it out. The FPN (informational note) has some examples. Remember, the AHJ might not be the inspector. The AHJ may be the entity he is working for. Read the entire definition and if you still have questions, this is the place to seek answers.
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Not asking who can be, but what are the requirements.
 
fbhwt said:
Not asking who can be, but what are the requirements.
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In most cases, the AHJ is granted that authority under law. Some legislative body created an entity and made it the AHJ for electrical installations.

There are a very few exceptions, but that is how it mostly is.

An inspector is almost never the AHJ. he may be employed by, or acting as the agent of the AHJ, but by law he can never be the AHJ if he is working for or on behalf of a governmental entity.
 
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iwire said:
I have been told that here in MA the real AHJ is William Galvin Massachusetts Secretary of the Commonwealth
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He may actually have the final say on some things, but it seems unlikely that state legislature made him (more likely his office) the actual AHJ. It is possible though, but would be unusual. Does he have the direct power to decide what the rules for electrical installations are? If so, then his office might well be the AHJ.

If all his office does is hear appeals regarding these issues, than his office is acting more as an administrative law judge than an AHJ.
 
petersonra said:
He may actually have the final say on some things, but it seems unlikely that state legislature made him (more likely his office) the actual AHJ. It is possible though, but would be unusual. Does he have the direct power to decide what the rules for electrical installations are? If so, then his office might well be the AHJ.
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My understanding is that he is the one that signs the paper that adopts the NEC.


If all his office does is hear appeals regarding these issues, than his office is acting more as an administrative law judge than an AHJ.
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We have different agencies for appeals, interpretations, licensing, code development etc.

When you look at the state regs the local guys are simply 'Inspector of wires'
 
iwire said:
My understanding is that he is the one that signs the paper that adopts the NEC.
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Is he actually adopting the code, or only publishing it. Most states the secretary of state is in charge of publishing the various administrative rules that do not come into effect until they are published.
 
petersonra said:
Is he actually adopting the code, or only publishing it. Most states the secretary of state is in charge of publishing the various administrative rules that do not come into effect until they are published.
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Don't know, but his signature is in the front of our code book with a fancy printed seal.
 
iwire said:
I have been told that here in MA the real AHJ is William Galvin Massachusetts Secretary of the Commonwealth
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Cool, can you request that he personally come to inspect your work?:)

iwire said:
My understanding is that he is the one that signs the paper that adopts the NEC.




We have different agencies for appeals, interpretations, licensing, code development etc.

When you look at the state regs the local guys are simply 'Inspector of wires'
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So why do they look at your raceways, shouldn't there be an 'Inspector of Raceways' as well;)

Can't tell I'm a little bored can you?

Here it is the State Electrical Division that is the legal entity. The State Legislature has to adopt and place into laws the new NEC when it comes out, but they are by no means active otherwise in performing AHJ duties, they designate the SED to perform that duty. It has a board and an Executive director that control activity, but anything that is to be made a law must go through Legislature. The board makes rules, but those are put into the "State Electrical Act" which must also go through Legislature before changes are amended to be law. Most of the time there is little or no opposition to changes, the SED submits potential changes via proper Legislative procedures and they generally are approved. Adoption of 2008 NEC did receive a lot of opposition, and we were getting somewhat close to publishing of 2011 NEC before 2008 was finally adopted, so sometimes it doesn't go so easily. Usually a new NEC is approved by Legislature by March or April of the year and generally is not law for 90 days unless there is an emergency clause attached to it, so adoption of a new NEC generally isn't in practice in the field until June or July.
 
iwire said:
The requirements will be up to each area and in many cases I would bet there are no 'electrical requirements'.
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I do not have my 2011 NEC in front of me but, I'm looking at the 2002 NEC Article 80 Administration and Enforcement 80.27(A) Inspector's Qualifications, does this still apply in the 2011 NEC?
 
fbhwt said:
I do not have my 2011 NEC in front of me but, I'm looking at the 2002 NEC Article 80 Administration and Enforcement 80.27(A) Inspector's Qualifications, does this still apply in the 2011 NEC?
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It has been Annex G or H since 2005. It was never the NEC unless specifically adopted.
 
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fbhwt said:
I do not have my 2011 NEC in front of me but, I'm looking at the 2002 NEC Article 80 Administration and Enforcement 80.27(A) Inspector's Qualifications, does this still apply in the 2011 NEC?
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I am not sure that any unit of government has ever adopted those rules. That type of thing is most often spelled out in the state statutes.
 
If someone came up to me on the street (not on an electrical forum) and said "what is an ahj"? I would tell them it's anyone with authority who has jurisdiction. To me that certainly includes an electrical inspector who is inspecting electrical installations. Keep in mind the opinion or actions of that inspector can be appealed to a higher authority (having jurisdiction) such as a chief inspector, the building official, a local appeals board, a state board, etc.
 
mgookin said:
If someone came up to me on the street (not on an electrical forum) and said "what is an ahj"? I would tell them it's anyone with authority who has jurisdiction. To me that certainly includes an electrical inspector who is inspecting electrical installations. Keep in mind the opinion or actions of that inspector can be appealed to a higher authority (having jurisdiction) such as a chief inspector, the building official, a local appeals board, a state board, etc.
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I still think for street talk a police officer is not the AHJ, but rather a representative of an AHJ. They may have to make on the spot decisions, and do receive training to help them make those type of decisions. They can and do make mistakes with such decisions also, and people do make them pay for such mistakes sometimes via lawsuits, whether directly to the individual or via the AHJ the individual works for.
 
You are missing an important, though subtle, point.
To a law enforcement officer (LEO) the AHJ is the Agency having jurisdiction, not Authority.
 
mgookin said:
If someone came up to me on the street (not on an electrical forum) and said "what is an ahj"? I would tell them it's anyone with authority who has jurisdiction. To me that certainly includes an electrical inspector who is inspecting electrical installations. Keep in mind the opinion or actions of that inspector can be appealed to a higher authority (having jurisdiction) such as a chief inspector, the building official, a local appeals board, a state board, etc.
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"It is the first responsibility of every citizen to question authority." Hmmm, where did I see that before?
 
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