Out of service disconnect

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I

I Timothy

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Location
Lynchburg Va.
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Faculty's Maintenance Manager
I have a 400 amp 240 volt disconnect in my office. Not in service, line conduit removed and capped off. I can't lock it out, the breaker feeding it also feeds a in use panel. can I label and lock the disconnect and then use the space in front?
 
My understanding (right or wrong) is that the upstream breaker gives power to a separate panel and gives power to the switch in your disconnect. If that is right, then the safe thing to do is to have an electrician disconnect and remove the wires from the upstream breaker that feed your disconnect. Then you can have the disconnect taken away.
 
Correction, The load side of the disconnect is removed. The disconnect is accessible. I want to use the 36" in front of it.
 
I Timothy said:
Correction, The load side of the disconnect is removed. The disconnect is accessible. I want to use the 36" in front of it.
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If it serves no function it doesn't require working space.

110.26(A) Working Space.
Working space for equipment operating at 1000 volts, nominal, or less to ground and likely to require examination, adjustment, servicing, or maintenance while energized shall comply with the dimensions of 110.26(A)(1), (A)(2), (A)(3), and (A)(4) or as required or permitted elsewhere in this Code.
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