HVAC Breaker and Fuse size

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I have a project with 4 dual pack HVAC units on the roof of an office.
The nameplate on the unit states: 28.9 FLA and 35 MOCP.
They are feed from a 40 amp 3 pole circuit breaker at the panel.
The fused disconnect on the roof has 35 amp fuses. (120/208)

Inspector says the circuit breakers must be 35 amp.
Can someone point me in the right direction per the NEC 2005 that would dispute the inspector.
Or is the inspector correct?
 
Does the inspector not understand that the overcurrent protection for that unit is 35 amps already? All that breaker is protecting, in your case, is the wire between the breaker and that fused disconnect. I'm not sure how you convince him of something that seems pretty elementary.

There is an outside chance that the dataplate says "max breaker size", in which case the fuses don't even play into this equation and he has a point. If it only says "MOCP" or "maximum overcurrent device" or "maximum fuse or breaker size", then you're good already.
 
The inspector is pretty much saying the breaker needs to be 40 amps or show me the code that proves him wrong.

The unit says "maximum fuse or breaker size".

Yeah Im not sure how to prove the point either.
I just needed to bounce the idea out there and see what the response was.

Thanks guys for the response.
 
sevenlazer said:
The inspector is pretty much saying the breaker needs to be 40 amps or show me the code that proves him wrong.

If he's going to enforce it he should have to show you where you are wrong.

Write it, cite it.

Part of the job description. If you wuz tu ask me. :grin:
 
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