Code question

[hbiss]

That all sounds great, but when the inspector tells me that I have to use a 35A breaker instead of the 40A breaker that is in the design because he does not comprehend that 690 sets the minimum OCPD at 35A, and he has no technical oversight to whom I can appeal, and he will fail the inspection if I don't do it his way (real world example), what am I supposed to do?

I would let him know that he is wrong but other than that it isn't worth it to fight over a breaker. If it causes a problem and nuisance trips just swap it out for a 40.

There has to be an avenue for ECs to appeal. I think if enough contractors complain every time they get a bad call instead of just rolling over something will be done.

-Hal

 

[FionaZuppa]

When the NEC is adopted it is adopted as written by the NFPA or it is adopted with amendments. Only the code as legally adopted can be enforced, The definition is only talking about the enforcement of the legally adopted rules. Nothing in that definition gives the enforcer the authority to write new rules. However there is some room for interpretation in 90.4 that lets the AHJ interpret the rules found in the legally adopted code. It does not permit the AHJ to write new rules

It's not the adoption part, it's the interpretation of, and sometimes just shear incompetence.

A few years ago I had a building inspector inquire why I had no header in the framing to carry roof load, he said I needed a header. Then I simply pointed out it was gable end and wall is not load bearing. Inspector quickly did a "my bad".

If "you" are not ready to rip out NEC code book during an inspection, then you need to be ready with it for all things being inspected, discuss it with the inspector, etc. That's probably fastest way to resolution. Blatant errors quickly get dropped, etc.

 

[FionaZuppa]

I would let him know that he is wrong but other than that it isn't worth it to fight over a breaker. If it causes a problem and nuisance trips just swap it out for a 40.

There has to be an avenue for ECs to appeal. I think if enough contractors complain every time they get a bad call instead of just rolling over something will be done.

-Hal

Install per the inspector, swap it back out later. LOL

Do they take notes and publish it into the record? As far as I know, they do a "good there, ok there, all good, you pass", and then record simply shows some inspection data like who/when/type/pass-fail. Does any locale take pics and put those into the inspection record?