How to upgrade panel without violating NEC

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A small service is being upgraded from 150A to 200A. There is a main distribution panel that is fairly new (probably within last 5 years) that is rated for 225A with a 150A main breaker. However, at some point after the panel installation, the client installed a data rack in front of the panel within the panel's working clearance that can't really be moved.

If the main breaker is upgraded to 200A without otherwise modifying the rest of the panel, would it violate the NEC, as the working clearance is partially obstructed by a data rack? There is probably 30" in front of the panel, so the panel door can still open. Given the tightness of the electrical room and adjacent rooms (including exterior), relocating or providing a new panel is unfeasible.

I ascribe to the "you touch it, you own it" ethos, but I don't seem to be able to find the actual code definitely stating thus.
 
Changing the breaker will not, by itself, create a violation. But neither will it remove the existing violation. It is up to the AHJ to decide whether, by having "touched" the panel, they will require you to fix the violation.
 
A small service is being upgraded from 150A to 200A. There is a main distribution panel that is fairly new (probably within last 5 years) that is rated for 225A with a 150A main breaker. However, at some point after the panel installation, the client installed a data rack in front of the panel within the panel's working clearance that can't really be moved.

If the main breaker is upgraded to 200A without otherwise modifying the rest of the panel, would it violate the NEC, as the working clearance is partially obstructed by a data rack? There is probably 30" in front of the panel, so the panel door can still open. Given the tightness of the electrical room and adjacent rooms (including exterior), relocating or providing a new panel is unfeasible.

I ascribe to the "you touch it, you own it" ethos, but I don't seem to be able to find the actual code definitely stating thus.

It already violates the NEC because of the clearance issues. Changing the main CB out will not make this any more or less of a violation.

Having said that, are the conductors feeding the panelboard adequate for 200A?

It is hard to know what the inspection agency might say about it. they may have some rules about what violations are required to be corrected. The reality is that the only way to fix the violation is to move either the data rack or the panelboard. Just asking about it might trigger a requirement to fix the issue. if the data rack is on wheels you might be able to just shove it out of the way when the inspector visits.
 
Can you request a job site review with or without a permit being pulled? Or, just talk to an inspector?
 
Can you request a job site review with or without a permit being pulled? Or, just talk to an inspector?

It occurs to me that the violation that already exists suggests that perhaps no permit was pulled and no inspection was done when the data rack was installed. That may be an issue if they go to get a permit to modify the panelboard.
 
If the feeders to the panel are adequate for 200 amps and you have already said the panel itself is adequate and only the main breaker is being changed then a permit may not be required for this work. That would depend upon the jurisdiction. In my jurisdiction I believe no permit would be required. No permit means no inspection. No inspection makes the issue of being caught moot. The violation still exists however.
 
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