Can inspectors do this?

Status
Not open for further replies.
P

pierre

Senior Member
Location
Westchester County, New York
There are a lot of areas around this great country of ours that reference different year code cycles - I have seen reference to '93, '96, '99, etc...
The 2005 code cycle has some changes that are not necessarily 'big' changes as far as changing the code, but they help to clarify issues.

My question:
Do you think an inspector could reference the '05 code to help clarify certain rules that may not be clearly spelled out in the previous code cycles?
For instance - the code reference for the specific height of circuit breakers in a panel.
 
Re: Can inspectors do this?

Sure, an inspector may do anything he wants to do; however, he can only enforce the current Code in your area. I know, that sounds weird but the AHJ may use anything he want to use to base his decisions on. Using your example, he can enforce the rule in the 2005 by going to the rule about it being readily accessible. Using the same logic, you can use the 2005 rule to help convince the AHJ that the mounting height you used is readily accessible.

The bottom line is that only the current Code in your area is the only one that can be enforced. :D
 
Re: Can inspectors do this?

The bottom line is that only the current Code in your area is the only one that can be enforced.
Click to expand...
Actually Charlie, I think the bottom line is only the code that WAS current when the Electrical/Building permit was pulled is the only one that can be inforced!

Correct me if I'm wrong! :)

Theoretically, you could pull a permit in an area that uses 99 NEC and a month later they adopt the 02 NEC...well, even if the job isn't completed until 05 the inspector can only enforce the 99 NEC for that job.


For Example:

11-01-04 Electrical permit is issued for a job in an area that observes the 1999 NEC.

12-01-04 Same area now adopts 2002 NEC.

1-01-05 Job is completed in 2005 however, the inspector can only enforce the 1999 NEC for THAT job.

An inspector could reference the 2008 "ideas" all day long, but could only enforce the 1999 NEC.

As bizarre as it sounds I agree with it 100%
There must be a set of rules for the AHJs to follow as well as for the contractors. It only makes sense.

I hate "Grey" Areas! ;)


Dave
 
Re: Can inspectors do this?

I think the inspector can do this. I use the definition of kitchen in the 2005 to help enforce 210.8(B)(3) in the 2002. The requirement didn't change, it only clarified the intent. For example, under the 2002, a person could call a break room with a range and no sink a kitchen. Or, a break room with a sink and a microwave (not built in) a kitchen. I use the new definition to enforce something that I would have enforced anyway.
 
Re: Can inspectors do this?

Dave, as much as I would like to point out that you are dead wrong . . . I don't know of anyplace where you are not 100% correct. :eek:

[ October 16, 2004, 07:10 PM: Message edited by: charlie ]
 
Re: Can inspectors do this?

Permits can have time limits. I've been told we can require new permits if a job is not finished within 12 months. I don't think we ever have, and I never gave it much thought before. Any body else know of time limits that would keep a job from crossing the code cycle time lines more than once.
 
Re: Can inspectors do this?

I remember when the 99 code was out and NOT adopted by NJ. I had an issue (cant remember what now though)and an inspector said that as far as he was concerned the unadopted 99 code does not exist. We should only follow the code that is "adopted" by our state or county etc. There may be many things in the 05 that are easier, better, safer but there are also better safer,easier things in the 99 code also and we know we cant use that!!!

ps As Dave mentioned it also depends upon the date in which the permit was pulled!

I took the 02 License test in july 02. We were the first 02 code test. I think the 02 code was adopted in NJ in june of that year. My code class was based on the 02 code and yet we were using the 99 code at work. What a pain in the @%$@#!!!

BTW does anyone have any insite as to whether or not NJ will adopt 05? I have a meeting with an inspector monday...I will ask.

[ October 16, 2004, 08:33 PM: Message edited by: aecjohn ]
 
Re: Can inspectors do this?

The code in effect at the time the permit is issued would be the applicable code throughout the job. If the code changes in the midlle of the project, it would not affect the original code that the project is working under. If the provisions of a newer code affect the project, whether favorable or unfavorable, the permit holder has the option to seek a variance through the state building commissioner to recognize the provision of an alternate code or alternate methods. This would be how it works in Indiana to my knowledge. Otherwise a contractor would be putting in and pulling out wiring all day long to comply with changes.
 
Re: Can inspectors do this?

I see that Ryan understood what I was asking. I am not trying to use the new code changes in the '05, but the clarifications that have made some of the gray areas not so gray anymore - such as the definition of a kitchen.


There are also some life safety issues in the '05 that may cause some problems for contractors if they do not install them. Forget about the "quote unquote law" - when a jury hears that you did not install a GFCI by the sink or a vending machine, because the code you are following does not require it... HMMM! I think there are potential problems with this. JMHO.
 
Re: Can inspectors do this?

I have seen a number of jobs that for one reason or another the company failed to get a final on and they were made to conform to a newer standard.
 
Status
Not open for further replies.
Top