In New York State, if a person engages in an activity requiring special skills, education, training, or experience, such as conducting an electrical inspection to observe compliance with the National Electrical Code which is a generally accepted standard referenced by the building code in effect in the jurisdiction, the standard by which his conduct is measured is the conduct of a reasonably skilled, competent, and experienced person who is a qualified member of the group authorized to engage in that activity. In other words, the hypothetical reasonable person is a skilled, competent, and experienced person who engages in the same activity.
Often persons practicing these special skills must be licensed. Architects and private investigators come to mind. Even though, at present, licensing of electrical inspectors is not a statewide requirement, the AHJ within a community is it's building official whom is required to have received training and passed a competentcy test. Anyone who performs these special skills, whether qualified or not, is held to the standards of conduct of those properly qualified to do so, because the public relies on the special expertise of those who engage in such activities. Thus, an unlicensed driver who takes his friends for a joyride is held to the standard of conduct of an experienced, licensed driver.
Normally, the law does not make a special allowance for beginners with regard to special skills, such as an inspector who fails to observe a code infraction. The learner, beginner, or trainee in a special skill is held to the standard of conduct of persons who are reasonably skilled and experienced in the activity. Sometimes the beginner is held to a standard he cannot meet. For example, a first-time driver clearly does not possess the experience and skill of an experienced driver. Although it seems unfair to hold the beginner to the standards of the more experienced person, this standard protects the general public from the risk of a beginner's lack of competence, because the community is usually defenseless to guard against such risks.
The Authority Having Jurisdiction has a duty and an obligation to conduct electrical inspections or assign this to another party and take remedial actions when violations are observed. :smile: