Is a AHJ decision Code

[macmikeman]

I know several cops that do that!!!!

I know several electrical inspectors who do it as well......:roll:

 

[RICK NAPIER]

The authority having juridiction should be defined by the adopting governing body. In NJ they define it as the Electrical Subcode Official. For those of you not familiar with NJ that would be the top electrical inspector. We also have Building, Plumbing, Elevator and Fire (different then Fire Marshal) Subcodes.

 

[goldstar]

The authority having juridiction should be defined by the adopting governing body. In NJ they define it as the Electrical Subcode Official. For those of you not familiar with NJ that would be the top electrical inspector. We also have Building, Plumbing, Elevator and Fire (different then Fire Marshal) Subcodes.

Maybe so. But, if he cites you for a violation he still has to provide a reason and a code section to back it up.

 

[Pierre C Belarge]

One of the reasons for codes is the standard for all to follow. The installer and the inspector. The requirement of the AHJ is to administer and rule according to the rules and requirements set forth. For some jurisidictions, the rules may be local, or more restrictive than other jurisdictions. The AHJ determines those considerations through the adoptive policies.

For instance:
NYS - the Secretary of State is the AHJ. The Secretary of State does not make any rulings at all. The policies set forth give the right of rulings to the Director of Codes, which is one person. Yet, that person (through policy set forth by the AHJ) has people working with him who are responsible on a level closer to the "playing field" who make decisions that are contested by the field inspectors. The field inspectors are not the AHJ, in NYS, they are empowered to make the daily inspections, with contesting of the daily ruling put forth to the local building official - which may be brought to the regional director - which rarely then may go to one of the officials in Albany, and rarer yet - is brought to the Director of Codes attention.

 

[RICK NAPIER]

I agree that an inspector should always be able to cite a code section wether a local or national code. Here in NJ if you don't agree with an inspector's decision you can ask for an informal opinion from the state or pay a fee and appeal the decision the the Board of Appeals, there is one in each county, and after that to the state courts.

 

[One-eyed Jack]

I agree that an inspector should always be able to cite a code section wether a local or national code. Here in NJ if you don't agree with an inspector's decision you can ask for an informal opinion from the state or pay a fee and appeal the decision the the Board of Appeals, there is one in each county, and after that to the state courts.

I always provide the code section either written or go to the NEC and look it up with the contractor present.

 

[Rick Christopherson]

Tony is NOT the AHJ. Tony works for the AHJ. The AHJ is the city, county, state governing body overseeing the applicable portion of business. All to often people believe (including some inspectors themselves) that inspectors are the AHJ. Rarely would you ever find a local municipality relinquishing that power to one person. That would be tantamount to giving a police officer the authority to create and abolish laws on the spot as he saw fit.

I disagree. The inspector is the one with the certification,not his employer. The AHJ is the person who has the final say weather they be an inspector or some other official in position to adjudicate. They are not creating or abolishing anything. They are rendering an opinion based on established rules. Their opinion usually counts the most. Just like your ec license. Without one you are not allowed to offer to do electrical contracting. No license,not an ec; No certification, not AHJ.

Based on the sketchy way the NEC covers just who is the actual AHJ I would have to say that both of these opposing statements are conjuncture on the part of the posters. The wording in the NEC is very ambiguous as to who "can" be the AHJ, it leads to believe more than one party in each situation may be the AHJ, depending on whom you are speaking to. Maybe the insurance adjuster is the AHJ and you are both wrong.

The determination of "AHJ" is not a matter of what the NEC has to say. It is a matter of the wording of the local government. It starts with the wording of the State Constitution, and progresses down to the local ordinances.

The power to be AHJ must be passed down from the higher level of governing body, and without that passage of authority, the higher level of governing body prevails as the AHJ. This has nothing to do with the NEC, it is purely a part of the political process.

For example, if the State mandates that all electrical work throughout the state be performed in accordance to State Guidelines, and does not leave clauses available for local jurisdictions to amend this ruling, then the State is the AHJ.

If the State permits amendments at the County level, then the county is the AHJ, so long as they do not pass this ability on to the local city level. If so, then the City is the AHJ. It would be extremely rare that a City would pass this authority on to an individual person or position.

As an EC, when you say, my city, or my county, or my state has adopted the 2008 NEC; That is your AHJ. They are the governing body empowered to enact the legislation necessary to make the NEC part of the local code. Without that government enaction, the NEC is nothing more than a private document that is no different than any other book in the library.

The fact that you suggested that an insurance company could possibly be the AHJ suggests that you do not understand what the term AHJ actually means. The same is true when One-eyed-jack suggested that the AHJ is determined by knowledge or qualification.

AHJ is an act of law. It is a political position. It is determined by the laws of the region. Yes, those laws could give the authority of AHJ to an inspector, but it is very unlikely.

As a matter of fact, my guess is that in most jurisdictions, the inspector does not even have the legal authority to interpret the existing code. He may suggest that he does, but if ever pushed on the issue, interpretation would legally push back to the full and proper AHJ for a ruling.

If you really want the definitive answer on who is the AHJ in your jurisdiction, read your local ordinances.

 

[macmikeman]

The determination of "AHJ" is not a matter of what the NEC has to say. It is a matter of the wording of the local government. It starts with the wording of the State Constitution, and progresses down to the local ordinances.

The power to be AHJ must be passed down from the higher level of governing body, and without that passage of authority, the higher level of governing body prevails as the AHJ. This has nothing to do with the NEC, it is purely a part of the political process.

For example, if the State mandates that all electrical work throughout the state be performed in accordance to State Guidelines, and does not leave clauses available for local jurisdictions to amend this ruling, then the State is the AHJ.

If the State permits amendments at the County level, then the county is the AHJ, so long as they do not pass this ability on to the local city level. If so, then the City is the AHJ. It would be extremely rare that a City would pass this authority on to an individual person or position.

As an EC, when you say, my city, or my county, or my state has adopted the 2008 NEC; That is your AHJ. They are the governing body empowered to enact the legislation necessary to make the NEC part of the local code. Without that government enaction, the NEC is nothing more than a private document that is no different than any other book in the library.

The fact that you suggested that an insurance company could possibly be the AHJ suggests that you do not understand what the term AHJ actually means. The same is true when One-eyed-jack suggested that the AHJ is determined by knowledge or qualification.

AHJ is an act of law. It is a political position. It is determined by the laws of the region. Yes, those laws could give the authority of AHJ to an inspector, but it is very unlikely.

As a matter of fact, my guess is that in most jurisdictions, the inspector does not even have the legal authority to interpret the existing code. He may suggest that he does, but if ever pushed on the issue, interpretation would legally push back to the full and proper AHJ for a ruling.

If you really want the definitive answer on who is the AHJ in your jurisdiction, read your local ordinances.

Yes, but you see, here is the jinx of it: The state goverment (AHJ) adopted the NEC (with exception of annex 80) into law, and therefore the definition of AHJ found in article 100 becomes the new "law". Sort of like a circular reference when writing software code. It would take an entire graduating class from NYC Law School and ten cases of rum to sort it all out.....

 

[One-eyed Jack]

Yes, but you see, here is the jinx of it: The state goverment (AHJ) adopted the NEC (with exception of annex 80) into law, and therefore the definition of AHJ found in article 100 becomes the new "law". Sort of like a circular reference when writing software code. It would take an entire graduating class from NYC Law School and ten cases of rum to sort it all out.....

Thank you.