NEC vs Local ordinance
- Thread starter timceps
- Start date
- Status
- Location
- Lockport, IL
- Occupation
- Semi-Retired Electrical Engineer
Re: NEC vs Local ordinance
The answer to your first question is "yes." The answer to your second question is outside my field of expertise.
The answer to your first question is "yes." The answer to your second question is outside my field of expertise.
charlie
Senior Member
- Location
- Indianapolis
Re: NEC vs Local ordinance
Yes, the NEC is not law until the local government adopts it into law. At that point, the local unit of government (state, county, or city depending on the area) may make any local ammendments it so desires. It is possible that an area would have no electrical code at all.
Yes, the NEC is not law until the local government adopts it into law. At that point, the local unit of government (state, county, or city depending on the area) may make any local ammendments it so desires. It is possible that an area would have no electrical code at all.
Re: NEC vs Local ordinance
Charlie,
At the moment, I can not find the copy of the Indiana FABS or similar flyer of a question and answer in 1991, I believe the August issue, a question was asked of someone doing electrical work in Indiana where there is not a building department, ie. , no inspections and the answer was, If I remember correctly, was to the effect " Any electrical installation in INDIANA shall met the Indiana Electrical Code.
In Indiana, it is expected that the installation of electrical work is to be installed per the Indiana Electrical Code.
Glenn
I may be able to find a copy of that publication in my data at work.
Charlie,
At the moment, I can not find the copy of the Indiana FABS or similar flyer of a question and answer in 1991, I believe the August issue, a question was asked of someone doing electrical work in Indiana where there is not a building department, ie. , no inspections and the answer was, If I remember correctly, was to the effect " Any electrical installation in INDIANA shall met the Indiana Electrical Code.
In Indiana, it is expected that the installation of electrical work is to be installed per the Indiana Electrical Code.
Glenn
I may be able to find a copy of that publication in my data at work.
hurk27
Senior Member
- Location
- Portage, Indiana NEC: 2008
Re: NEC vs Local ordinance
Charlie:
IC 22-13-2-5
Ordinances or regulations of political subdivisions; review; approval of commission required
Sec. 5. (a) The commission shall carry out a program to review the fire safety laws and the building laws adopted in the ordinances and other regulations of political subdivisions.
(b) An ordinance or other regulation adopted by a political subdivision that qualifies as a fire safety law or a building law is not effective until it is approved by the commission. However, an ordinance that:
(1) is adopted by a city, town, or county; and
(2) governs the installations, repair, and maintenance of smoke detectors in residential structures that are not required to have smoke detectors under the rules of the commission;
is effective without approval by the commission.
As added by P.L.245-1987, SEC.2.
[ August 14, 2003, 03:54 AM: Message edited by: hurk27 ]
Charlie:
Indiana state law require's all ammendment's to be presented to the state building commision and accepted before they can be adopted. there is one code that does not have to pass before the commision and that is smoke detectors in which can be adopted imeditly. this is right out of the I.C. off the state access indiana web site.
IC 22-13-2-5
Ordinances or regulations of political subdivisions; review; approval of commission required
Sec. 5. (a) The commission shall carry out a program to review the fire safety laws and the building laws adopted in the ordinances and other regulations of political subdivisions.
(b) An ordinance or other regulation adopted by a political subdivision that qualifies as a fire safety law or a building law is not effective until it is approved by the commission. However, an ordinance that:
(1) is adopted by a city, town, or county; and
(2) governs the installations, repair, and maintenance of smoke detectors in residential structures that are not required to have smoke detectors under the rules of the commission;
is effective without approval by the commission.
As added by P.L.245-1987, SEC.2.
[ August 14, 2003, 03:54 AM: Message edited by: hurk27 ]
hurk27
Senior Member
- Location
- Portage, Indiana NEC: 2008
Re: NEC vs Local ordinance
By the way this is also the Indiana law that the commision removed attical 90.4 from the IEC on. which blocks a local AHJ from interpiting the code. go figure
By the way this is also the Indiana law that the commision removed attical 90.4 from the IEC on. which blocks a local AHJ from interpiting the code. go figure
Re: NEC vs Local ordinance
timceps... in reality, the NEC is not a set of "mandatory rules"... it's more like "really good, well thought out, logical set of minimum recommendations"... the local government can do whatever they want or as stated by others here, do nothing to enforce the NEC... most recently, I have been hearing about local jurisdictions adopting the 2002 NEC but without the provision for AFCI protection in bedroom circuits.... in most cases however, the local governments adopt the NEC in it's entirety and then add more safety codes of their own... for instance... we have a township here in PA that won't allow the use of any aluminum conductors for any reason... this exceeds the NEC recommendations....
timceps... in reality, the NEC is not a set of "mandatory rules"... it's more like "really good, well thought out, logical set of minimum recommendations"... the local government can do whatever they want or as stated by others here, do nothing to enforce the NEC... most recently, I have been hearing about local jurisdictions adopting the 2002 NEC but without the provision for AFCI protection in bedroom circuits.... in most cases however, the local governments adopt the NEC in it's entirety and then add more safety codes of their own... for instance... we have a township here in PA that won't allow the use of any aluminum conductors for any reason... this exceeds the NEC recommendations....
charlie
Senior Member
- Location
- Indianapolis
Re: NEC vs Local ordinance
Requirements covering enforcement, granting of variances, and approval of alternate methods or materials are covered in Indiana statutes and 675 IAC 12, the General Administrative Rules of the Commission. (Fire Prevention and Building Safety Commission; 675 IAC 17-1.6-5; filed Aug 14, 2002, 4:20 p.m.: 26 IR 16)"
I don't believe your statement is correct, the AHJ may approve installations but if a variance is requested, it must come from the State Building Commission. In other words, a contractor may go to the commission to overrule an inspector.
The actual Indiana Electrical Code, "Sec. 5. Section 90-4 is amended to read as follows:
Requirements covering enforcement, granting of variances, and approval of alternate methods or materials are covered in Indiana statutes and 675 IAC 12, the General Administrative Rules of the Commission. (Fire Prevention and Building Safety Commission; 675 IAC 17-1.6-5; filed Aug 14, 2002, 4:20 p.m.: 26 IR 16)"
I don't believe your statement is correct, the AHJ may approve installations but if a variance is requested, it must come from the State Building Commission. In other words, a contractor may go to the commission to overrule an inspector.
pierre
Senior Member
- Location
- Westchester County, New York
Re: NEC vs Local ordinance
Charlie
This is why we are glad you are staying!!!
Pierre
Charlie
This is why we are glad you are staying!!!
Pierre
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