So what if replacing a switch on an older system that has no equipment grounding conductors/didn't originally require EGC?
There are grounding conductors in the boxes. The question is: when replacing a switch that was ungrounded (and code-compliant at the time of install), does the new switch have to be grounded if there is means to do so? Basically, do I have to bring it up to current code?
IMO, if you install the new switch it will be your responsibility to make sure the switch is connected to an EGC, unless you can satisfy the exception in 404.9(b)(2)
My opinion as well, but I very well may be wrong. Virginia residential is under the 2012 VA residential code, not under the NEC.
Here's the relevant section:
E4001.11.1 Faceplate grounding.
Snap switches, including dimmer and similar control switches, shall be connected to an equipment grounding conductor and shall provide a means to connect metal faceplates to the equipment grounding conductor, whether or not a metal faceplate is installed. Snap switches shall be considered to be part of an effective ground-fault current path if either of the following conditions is met:
1. The switch is mounted with metal screws to a metal box or metal cover that is connected to an equipment grounding conductor or to a nonmetallic box with integral means for connecting to an equipment grounding conductor.
2. An equipment grounding conductor or equipment bonding jumper is connected to an equipment grounding termination of the snap switch.
Exceptions:
1. Where a means to connect to an equipment grounding conductor does not exist within the snap-switch enclosure or where the wiring method does not include or provide an equipment grounding conductor, a snap switch without a grounding connection to an equipment grounding conductor shall be permitted for replacement purposes only. A snap switch wired under the provisions of this exception and located within 8 feet (2438 mm) vertically or 5 feet (1524 mm) horizontally of ground or exposed grounded metal objects, shall be provided with a faceplate of nonconducting noncombustible material with nonmetallic attachment screws, except where the switch-mounting strap or yoke is nonmetallic or the circuit is protected by a ground-fault circuit interrupter.
2. Listed kits or listed assemblies shall not be required to be connected to an equipment grounding conductor if all of the following conditions apply:
2.1. The device is provided with a nonmetallic faceplate that cannot be installed on any other type of device.
2.2. The device does not have mounting means to accept other configurations of faceplates.
2.3. The device is equipped with a nonmetallic yoke.
2.4. All parts of the device that are accessible after installation of the faceplate are manufactured of nonmetallic materials.
3. Connection to an equipment grounding conductor shall not be required for snap switches that have an integral nonmetallic enclosure complying with Section E3905.13.