I know where you are going:
(c) A non?grounding-type receptacle(s) shall be permitted to be replaced with a grounding-type receptacle(s) where supplied through a
ground-fault circuit interrupter. Grounding-type receptacles supplied through the ground-fault circuit interrupter shall be marked ?GFCI Protected? and ?No Equipment Ground.? An equipment grounding conductor shall not be connected between the grounding-type receptacles.
Personally I would allow it. But I play both sides (contractor/inspector) sometimes so we can discount (correct) an unreasonable inspector.
How would you rebut an inspector using this? I mean the inspector INSISTS that the picture represents their opinion. Is the picture like a handbook comment or is it what they truly believe should be installed.
Yes. Section 406.3(D)(3) of the 2008 National Electric Code permits a non-grounding type receptacle to be replaced with a grounding type receptacle without a grounding connection. However, the grounding receptacle must be GFCI-protected. The diagram below shows a typical non-grounding (2-prong) receptacle replaced with a GFCI. The GFCI must be marked, No Equipment Ground. The GFCI can feed through to a grounding receptacle, which must be marked GFCI Protected. No Equipment Ground. For increased electrical safety,
Leviton strongly recommends installing a GFCI in every non-grounding circuit. A ground wire provides protection by offering a parallel path back to ground for any fault current. Without a ground wire, fault current will try and take other paths to ground and a GFCI will trip and cut power under these hazardous conditions. Ground faults are more likely to occur in non-grounding circuits and a GFCI will help protect family members from this potentially hazardous condition.
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