Above I said that this should have been handled at plans review.
I also said that I hoped that the contractor would have shown some opening, on the plans, so I could have approved it or have a meeting of the minds as to what is reasonable.
"By special permission, the authority having jurisdiction may waive specific requirements in this Code or permit
alternative methods where it is assured that equivalent objectives can be achieved by establishing and maintaining
effective safety."
This is clearly a judgment call. Someone looked at this and decided to say the 'h' with it and continue siding.
So what size opening would be needed for you to have approved it?
Or should we continue to forever send drawings for plan review and have them rejected without explanation. I don't think a simple 'not big enough, try again' is much different of an answer than 'I don't like it'.
It is a modification. SO the contractor should offer a solution that meets the intent of the code. Now if the AHJ just summarily dismisses it then he is wrong.
Now it is not in the NEC, if this was a residential application/install the AHJ is REQUIRED to look at the following:
http://publicecodes.cyberregs.com/st/oh/st/b4v06/st_oh_st_b4v06_1_sec001.htm?bu=OH-P-2011-000004
101.3 Intent.
The purpose of this code is to establish uniform requirements for the erection, construction, repair, alteration, and maintenance of residential buildings, including construction of industrialized units. Such requirements shall relate to the conservation of energy, safety and sanitation of buildings for their intended use and occupancy with consideration for the following:
1. Performance. Establish such requirements, in terms of performance objectives for the use intended. Further, the rules
shall consider the following:
1.1. The impact that the state residential building code may have upon the health, safety and welfare of the public;
1.2. The economic reasonableness of the residential building code;
1.3. The technical feasibility of the residential building code; and
1.4. The financial impact that the residential building code may have on the public?s ability to purchase affordable housing.
Please notice how quickly the code addresses what I call common sense!