Ignoring NEC when convenient on U.S. soil Military Bases? NEC not Covered?

[Mustangx3]

Hello everyone, here's the situation. We strictly enforce the NEC on a military base unless it is bothersome then those in power pull out the old 90.2(B)(5)(d). My argument is that this miltary base is not an "Installation under the exclusive control of an electric utility" as we get power for Bonneville Power Administration and our local utility company. We as a base, do not generate our own power at all. Just have some backup emergency generators like normal, etc.

So the question is, based on 90.2(B)(5)(d), is a military installation (that in my opinion is not "under the exclusive control of an electric utility") REALLY able to say the NEC doesn't cover a military base in the U.S.? It?s ironic since we hit our contractors for doing non-NEC compliant installations all the time yet we pick and choose WHEN we uphold the NEC (which is adopted by the State and the Navy).

This battle all boils down to an electrical panel inside a sewage lift station that melted down/caught fire after a failure of the sewage piping sprayed water on it. This is a confined space without the 36" working clearances in front of panels. The local contractors are refusing to re-install a new panel in the same location due to NEC working clearance violations (and hazard area).

At one meeting the argument was that the NEC was ?advisory? only to begin with. I argued back that the State and Navy has ?adopted? the NEC therefore it?s not advisory any longer but ?code?.

Thoughts?
).

 

[petersonra]

military bases are not subject to any rules that a state or locality might enact such as requiring the NEC be observed.

as I understand it, the NEC is adopted on military bases by military regulation. my understanding is that adhering to such regulations is required unless the base commander exempts it in a specific case.

 

[eprice]

I'm just taking a stab at this, but it seems to me that since the navy base is federal property, what the state does or doesn't adopt has no bearing. If the Navy has adopted the NEC, then they would be the AHJ and how they enforce (or don't enforce it) it would up to them.

 

[qcroanoke]

At one meeting the argument was that the NEC was ?advisory? only to begin with.

).

90.1 (C)
This code is not intended as a design specification or an instructional manual for untrained persons.
Kinda reaching but maybe that is what they think "advisory" means?

 

[tom baker]

The military bases I instruct classes on, Army and Navy, all fall under the scope of OHSA. Under OHSA, they use the NEC.
Saying they are under the control of the serving utility is a stretch.

 

[rbalex]

I've only done it once, but if you get the base's copy of the latest NAVFACs, you will find who the under SECNAV who is the "honest-to-god" AHJ for the entire Navy. Get his/her opinion. Again, if you drill down far enough you will find that, unless national security is at stake, OSHA rules (and the NEC) are also to be enforced.

 

[charlie b]

Speaking from the perspective of a design engineer who has worked on many military bases, including several Navy bases, I am constrained to follow the Unified Facilities Criteria (UFCs). They are only published on line, and can be found at the Whole Building Design Guide web site: www.wbdg.org. Within UFC 3-501-01, ?Electrical Engineering,? paragraph 1-6, ?Design Standards,? explicitly calls upon me to follow the NEC.

 

[jtinge]

I'd look for an alternate location to install the new panel and comply with the current NEC requirements.

If it was an existing panel cited for working clearance, I'd try to correct the issue if possible and was not cost prohibitive.

If I could not resolve the working clearance issue, I'd put a label on stating it didn't have the required working clearance and to use an upstream disconnecting means to de-energize the panel prior to performing examination, adjustment, servicing or maintenance.


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[fbhwt]

The military bases I instruct classes on, Army and Navy, all fall under the scope of OHSA. Under OHSA, they use the NEC.
Saying they are under the control of the serving utility is a stretch.

Here where I work it states in the MCBO (Marine Corps Base Order) All electrical work will be done in accordance with the most current NFPA 70 National Electrical Code, enforcement is a little tricky!

 

[winnie]

I think 'advisory' comes from the way the NEC is created/used.

The NFPA has no governmental authority. The NEC is _not_ law. Rather the NEC is a document describing safe working practice for electrical installations.

What gives the NEC the weight of law is that the relevant government entity 'adopts' the code. It is only when the state or city or whatever says 'you shall treat the NEC as law' that it becomes law; until that point it is merely good advice.

There are plenty of rural locations in the US where building codes have not been adopted by the relevant government. In those locates the NEC remains simply good advice.

From charlie b, rbalex, and tom baker above, it sure looks like the NEC applies, though you will need to follow the chain of rules to determine who can authorize/demand exceptions.

-Jon

 

[kwired]

The military bases I instruct classes on, Army and Navy, all fall under the scope of OHSA. Under OHSA, they use the NEC.
Saying they are under the control of the serving utility is a stretch.

Serving utility can certainly have rules they want followed or refuse to provide service, including demanding inspections from a qualified AHJ. In this situation a city, county, state AHJ may not have jurisdiction yet the DOD maybe does have people that can fill this role.

How well those involved follow compliance with any standard can be a different story, but can be questionable at times with city, county or state programs as well.

Having another party tell them it is in compliance (with something) helps limit liability to the POCO.

 

[b1miller]

We have always followed the NEC when working on federal facilities with the concurrence to the federal project manager. I did once have the pleasure of running off a L&I inspector who did not realize the the fish hatchery I was working at was a federal facility. He was being nosy and saw my electrical service van from the highway and wanted to see my electrical permit. What permit?
He apologized when he realized where he was and departed.

 

[jim dungar]

This is a 6 year old thread. If further discussion is desired, please start a new thread.