e57 said:
post #23
As AHJ, some go on power trips and ignore the code as well, even if in black and white plain vanilla situations. Sad to say... Like many electricians, some haven't seen a code book in years it seems. And if confronted with something they don't see everyday they are forced to do some light reading and THINK. Even then, some have been enforcing non-exsistant codes for everyday items.
That situation does arise far too often and when it does many contractors don?t know how to react to it. . Just getting angry doesn?t resolve the issue and yet that?s what many do. . A contractor needs to know the law in the state they practice in. . There is a procedure to follow in every state and many times the contractors recourse outlined in the law isn?t cumbersome or timeconsuming.
For those of you working in Ohio, there are many of my fellow inspectors that act as if local codes haven?t been eliminated by state law. . But local codes
have been eliminated in Ohio. . There was a transition period from May 27, 2006 to May 27, 2007 when enforcement was ambiguous. . [It depended on the date of the individual building departments approval date with the state for the new RCO.]
But now, since May 27, 2007, local codes are gone. . Us inspectors have been told that in meetings over and over again.
It?s been stated on this code forum that an inspection disapproval isn?t valid without a code article cited but that is only the case where state law recognizes inspection disapproval as a determination by the AHJ. . In Ohio the AHJ is the CBO. . The inspectors report isn?t an official determination by the AHJ. . It?s a report to be given to the AHJ that has a copy left on site for the contractor to see what report is going to the AHJ. . The CBO/AHJ can follow the recommendation of the report or disregard it. . He can give occupancy or write an adjudication order based on his own judgment. . Ohio state law only requires that a certified person perform the inspection. . It doesn?t state that the resulting report is binding. . The CBO can
not do an electrical inspection himself unless he has an ESI certification. . But he
does decide what to do with the report. . The CBO can decide that it?s binding or can disregard it even if he himself doesn?t have an ESI certification.
If you get an inspection disapproval in Ohio for an issue that isn?t in the code, something that?s not an interpretation, I would suggest you ask for an adjudication order. . The adjudication order should have a state law/code reference. . As an example, I heard an electrical inspector in another municipality tell a homeowner, on a homeowner exempt addition, to make sure he used only 12gauge Romex. . In circuits other than 210.11(C) there?s no code support for that idea. . It can?t be framed as an interpretation issue. . And in Ohio it can no longer be presented as a local code. . If it shows up on an inspection report the installer should talk to the inspector. . If that doesn?t resolve the issue, ask for an adjudication order. . If the order doesn?t reference a state law/code number, then it?s not valid.
David
