Feeder Disconnect??

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jclint07

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south missouri
Hello All! My NEC question involves having or not having a disconnect for a new Feeder panel installed within the enclosure or within sight. A local school has hired an electrical contractor to install a new 200A 120/208V wye, 3 phase subpanel in a new addition. The service equipment for this school consist of (5) fused disconnects, installed in an outdoor switchgear enclosure. The main disconnect for this new feeder panel is in that outdoor enclosure. All I can find is article 225.40, which states the branch circuit overload protection is all that's required. But I am thinking a disconnect, within sight, has to be installed with this new 42 space feeder panel. Is the contractor in violation for installing the main lug only subpanel?
 
Assuming this outdoor service is mounted on the building that has the addition with the new panel no additional disconnecting means is required.

On the other hand if the addition is in fact a separate structure from the service 225.31 would likely require a disconnecting means.
 
Service equipment is not installed on any of the school buildings. It consist of an outdoor enclosure, which I've always referred to as switchgear. The new feeder panel is not within sight of that service enclosure, or on same structure. Electrician did verify that the approved, engineered blueprints show MLO feeder panel, without a main breaker. So I called the engineer who replied that he would just have to get back to me.
 
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