For those who think it is illegal. Would you also say it is illegal feed a sub panel in your garage that is main lug only with 60 amps and put 10 20 amp breakers in it? Because it is not.
No, because each circuit - the feeder and the branch circuits - are properly protected at their rating and point of supply.
Also, how about if I put a subpanel in my shop, w/ a 100 A breaker as the disconnect, but use a 90 amp breaker in the main panel feeding it, since the ampacity of the wire feeding it doesn't support 100 A.
All good. Although it makes no pratical difference in most situations, I'd say the code requires the 90A breaker to be at the point of supply. So if you switched their locations, I'd say that's wrong.
Note that if someone taps the feeder to install a solar inverter output, you'd be required to downsize the 100A at the shop to a 90A. (705.12(D), 2014 code)
So basically he has a correctly wired 30 amp circuit but the addition of a GFCI device into the circuit has caused an NEC violation.
I am not seeing the logic in this in the least and I don't believe that is what 240.21 is restricting.
There's two circuits here; a feeder and a branch circuit. If he had not mentioned that the 50A breaker is in a
subpanel, then I wouldn't say there's a violation. But when you put distribution in the middle of a circuit then the upstream conductors are no longer the branch circuit, they're a feeder.
I do not.
If the device does not adequately protect the conductor then it is not an OCPD for those conductors and for all practical purposes does not exist. The 30A breaker is the branch circuit breaker.
Even though the 30A is the breaker for a feeder supplying a
subpanel?? I'm gonna believe you just missed that part.
The NEC generally addresses the current installation, what someone may do in the future is not typically a factor (e.g. there is nothing in Section 240 that deals with preventing a protective device from being changed)
There are a lot of sections of the code (e.g. marking and grouping) that are aimed at ensuring that the next guy can figure out what's going on and not need an original set of plans to avoid screwing things up. I'd say that putting the proper size breaker where the branch circuit begins is just of a piece with that.