Code Change

[mtnelect]

Are you saying states cannot legally enact their own laws and regulations?

Other than having the word National in its title, what general federal legislation mandates the use of NFPA anything?

It's considered the "Gold Standard" ... That other electrical codes are based on, and this forum was founded on. As an example, the California Electrical Code is based on the NEC.

 

[LarryFine]

However in civil suits, the EC has been held liable for not installing to the most recent nationally recognized standard in a few cases.

Which standard is that?

 

[jim dungar]

It's considered the "Gold Standard" ... That other electrical codes are based on, and this forum was founded on. As an example, the California Electrical Code is based on the NEC.

But, your point was a State could not legally enact anything less than NFPA70, which is not true. In fact many states do not adopt the latest NEC edition , while others do not enact it at all.
The reality is, NFPA documents are merely suggestions until adopted by an entity.

 

[LarryFine]

I was thinking of the states that excluded AFCI/GFCI. If someone got electrocuted, the family could sue that state. Not to mention the states that "Slow Walking" code updates.

Then one could sue for almost any injury. How about suing the NFPA for not making a code about something nobody ever thought about until it happened? Where would that end?

 

[LarryFine]

It's considered the "Gold Standard" ... That other electrical codes are based on, and this forum was founded on. As an example, the California Electrical Code is based on the NEC.

But which code enforcement would prevail, the one presently in force or the one that someone says "should have been" in force at the time?

How do you sue someone who "should have known better than to comply with the rules"?

 

[mtnelect]

Then one could sue for almost any injury. How about suing the NFPA for not making a code about something nobody ever thought about until it happened? Where would that end?

I would say, about five years ... That's how long it took me to get a settlement, after I sued a general contractor for non-payment.

 

[don_resqcapt19]

I was thinking of the states that excluded AFCI/GFCI. If someone got electrocuted, the family could sue that state. Not to mention the states that "Slow Walking" code updates.

Sovereign immunity typically prohibits such a suit.

 

[don_resqcapt19]

Which standard is that?

Pretty much any ANSI standard.

 

[don_resqcapt19]

But which code enforcement would prevail, the one presently in force or the one that someone says "should have been" in force at the time?

How do you sue someone who "should have known better than to comply with the rules"?

Only the courts can answer those questions....few of these types of suits get to court because the defendant's insurance will often settle before that point. In some cases these suits are just an attempted money grab and will be dropped when the insurance company says "see you in court".

 

[mtnelect]

I would say, about five years ... That's how long it took me to get a settlement, after I sued a general contractor for non-payment.

The settlement was only accomplished on the day of the trial, outside of the courtroom in the hallway. The settlement covered the expense of five attorney firms. Net settlement amount $0.00.