Re: old 2 phase starter (personnel safety issues)
Don,
The retroactivity of the NEC is up to the jurisdiction. It cannot be used for ex post facto prosecution, but FedOSHA can and does enforce it retroactively in the since that an "old installation" may be forced to comply with current standards under the "imminent danger" clause of 29CFR1903.13. While it is rarely exercised, that is mostly because of limited FedOSHA personnel. There is a similar clause in Section 80.9(B). (I already know Art 80 must be "specifically adopted," but the concept is already found in many municipal codes.) Part of the definition of "imminent" is an "indefinite" period of time; i.e., it could happen "anytime," but not necessarily immediately. That leaves a lot up to an AHJ's interpretation.
However; I still should have given the Capt a better answer. A relatively unknown fact is that overload heaters provide a substantial part of the short-circuit impedance for determining the interrupting capability of combination starters that use a instantaneous-only, molded-case circuit breaker (Inst MCCB) as the SC/GF OCPD. The phase without the O/L is in jeopardy if a short-circuit occurs on it. Such faults can and have caused serious injury and fires.
The IEEE/PCIC is currently deciding whether to write its own standard for even three O/L Inst MCCB combination starters. The "end-users" are dissatisfied with both UL and NEMA testing in this regard. They are concerned that an internal fault could occur somewhere between the MCCB and the O/L relay. Its unlikely but the potential forces with high available faults, can exceed the "without extensive damage" clause of 110.10. With a 2-O/L starter an external fault could also be a problem.