Insulation above non IC recess fixtures

[mwm1752]

410.116 Clearance and Installation
(B) Installation. Thermal insulation shall not be installed above a recessed luminaire or within 75 m m (3 in.) of the recessed luminaire?s enclosure, wiring compartment, ballast, transformer, LED driver, or power supply unless the luminaire is identified as Type IC for insulation contact

As per 410.116(B) makes 2 statements ?
1- Thermal insulation shall not be installed above a recessed luminaire unless the luminaire is identified as Type IC for insulation contact
2- Thermal insulation shall not be installed within 75 m m (3 in.) of the recessed luminaire?s enclosure, wiring compartment, ballast, transformer, LED driver, or power supply unless the luminaire is identified as Type IC for insulation contact.

Example 1 - A roof deck/floor joist with, insulation installed above wood deck, and a non IC recess fixture installed in the joist space below the wood deck
Is installation in example 1 ok even though the insulation is closer than 3??
Example 2 - Now insert the insulation below the roof deck/floor joist in the same cavity of the non IC recess can.
Are there options that satisfy NEC code that allow you to insert insulation above the non IC recess can?

 

[mwm1752]

Very unusual for no comments to be made. One could say; example 1 has structure above the recess can & proper installation of min 1/2" to combustible is compliant, but if that is the case could you build a structure(per code definition) over a recess can and achieve the same results for example 2?

 

[petersonra]

It is poorly worded. It probably should have said thermal insulation shall not be installed within 3 inches of a recessed luminaire unless it is identified as IC.

the fact is that every recessed luminaire wither IC or not will almost always have thermal insulation installed somewhere above it. might be two or three stories away but it will be there.