whew I thought the poll looked alittle weak on this one..
Bob I am not trying to point out another way to say it is wrong..I am trying to point out that there is no real clear cut winner here..because legally the manufacturers instructions are going to carry authority even if the product is not listed..
110.3 Examination, Identification, Installation, and Use of Equipment.
(A) Examination. In judging equipment, considerations such as the following shall be evaluated:
(1) Suitability for installation and use in conformity with the provisions of this Code
FPN: Suitability of equipment use may be identified by a description marked on or provided with a product to identify the suitability of the product for a specific purpose, environment, or application. Suitability of equipment may be evidenced by listing or labeling.
(2) Mechanical strength and durability, including, for parts designed to enclose and protect other equipment, the adequacy of the protection thus provided
(3) Wire-bending and connection space
(4) Electrical insulation
(5) Heating effects under normal conditions of use and also under abnormal conditions likely to arise in service
(6) Arcing effects
(7) Classification by type, size, voltage, current capacity, and specific use
(8) Other factors that contribute to the practical safeguarding of persons using or likely to come in contact with the equipment
(B) Installation and Use. Listed or labeled equipment shall be installed and used in accordance with any instructions included in the listing or labeling.
Manufacturers usually supply installation instructions with equipment for use by general contractors, erectors, electrical contractors, electrical inspectors, and others concerned with an installation. It is important to follow the listing or labeling installation instructions.
In itself, 110.3 does not require listing or labeling of equipment. It does, however, require considerable evaluation of equipment. Section 110.2 requires that equipment be acceptable only if approved. The term approved is defined in Article 100 as acceptable to the authority having jurisdiction (AHJ). Before issuing approval, the authority having jurisdiction may require evidence of compliance with 110.3(A). The most common form of evidence considered acceptable by authorities having jurisdiction is a listing or labeling by a third party. Some sections in the Code require listed or labeled equipment. For example, 250.8 specifies “listed pressure connectors, pressure connectors listed as grounding and bonding equipment, or other listed means” as connection methods for grounding and bonding conductors.
So after careful consideration of the facts reviewing the manufactures installation instructions and review 110.3(a) I would say no it is not acceptable because the manufactures suggests that the device be mounted in a seperate enclosure..So it is an AHJ call...
