hurk27
Senior Member
- Location
- Portage, Indiana NEC: 2008
210.12 (B) to a point,
406.4(D)(4) for the receptacles
(4) Arc-Fault Circuit-Interrupter Protection. Where a
receptacle outlet is supplied by a branch circuit that requires
arc-fault circuit interrupter protection as specified elsewhere
in this Code, a replacement receptacle at this outlet shall be
one of the following:
(1) A listed outlet branch circuit type arc-fault circuit inter-
rupter receptacle
(2) A receptacle protected by a listed outlet branch circuit
type arc-fault circuit interrupter type receptacle
(3) A receptacle protected by a listed combination type arc-
fault circuit interrupter type circuit breaker
This requirement becomes effective January 1.2014.
Note the 2014 effective date.
BTW, Found out how to copy and paste from secured .pdf's. I love OneNote now..
Well if this is actually from the 2014 NEC draft, NFPA has over stepped their bounds as this is in direct conflict with grandfather laws and the Constitution Of The United States as well as many states Constitutions.
I have posted in the past where case laws have upheld that "No post facto laws shall never be enacted" does infact apply to civil laws which apply to building laws as well as vehicle regulations.
Look at it this way, if you replaced the engine in your 1969 car would EPA require you to bring it up to todays EPA standards? nope, that very same law protects us from EPA as well as other NTSB requirements such as seat belts in older cars and DOT requirements of turn signals on pre 1974 motor cycles and many other things.
changing a receptacle is a repair and you have that right, know the law and it will take your side.
With the fact I have yet to even see a receptacle type AFCI how is this to be accomplished except by protecting the whole circuit, this is another code that will drive more and more to not get permits and inspections even if no one stands up to the conflict part.
Here is a little of case laws that might explain my view:
Protect Property Rights by Prohibiting Ex Post Facto Laws
Two examples are useful in illustrating how prohibitions on ex post facto laws serve to protect property rights. The first example occurs in California state law. The traditional rule in California land use law, as described in Lippert v. Avco Community Developers, Inc. (1976), was that there was no vested right to develop one's property until an individual had a valid building permit and had performed substantial construction in good faith reliance upon the permit. California law was changed by the legislature in recognition of the fact that the building permit plays a relatively trivial part in the development process today, as compared to general plan amendments, zone changes, and environmental impact reports. The old law allowed a city to enact new zoning laws right up until the time that a building permit had been issued, which could be many years after a property owner applied for the subdivision permits that must be secured before a building permit could be issued. The new law, California's Government Code st66474.2, states that no new zoning laws (ex post facto laws, for example) can be applied after an individual has applied for a subdivision permit (a tentative tract map, in the parlance of California). By prohibiting the retroactive application of these zoning laws to completed applications to subdivide, the legislature expanded the rights of property owners.
The second example of the interplay between ex post facto laws and property rights occurs in Lucas v. South Carolina Coastal Council (1992). David Lucas paid almost one million dollars for two beachfront lots. When he bought the lots, he was allowed to build one house on each lot. The legislature then passed new laws prohibiting any building on the lots that were applied retroactively to his purchase.
The Supreme Court struck down the legislature's retroactive laws via the takings clause because Lucas was left with no viable use of his land and because he did not present any nuisance to his neighbors.[7] However, what if the new South Carolina law had allowed all owners the right to build only one house on any remaining lots they own? According to the Court, such an ex post facto law would not be counted as a taking as all use of the property has not been taken. Yet such a milder ex post facto law still would be objectionable, because it would deprive individuals of large portions and uses of their property, and it would deprive them of the ability to know in advance which laws will apply to their property.
And most of the others can be read here