readily accessible

Status
Not open for further replies.

iwire

Moderator
Staff member
Location
Massachusetts
the page-1 i was talking about was literally the 1st page past the cover page of nec 2014. all your local law says is, that the AHJ will use the NEC book as the reference.

That is incorrect for MA, RI and CT. It is adopted into the regulations here in MA.


there is no jurisdiction from NFPA to the AHJ, as they duly note on page-1.


Correct as a private non-profit (The NFPA) has no authority at all to create a law.


its the chosen reference by which the AHJ can interpret any way they like as they have the right to do so.

The bold part is a falsehood, plain and simple.

The AHJs interpretations must have a basis in the code. They cannot interpret 'shall be permitted' to 'shall not be permitted'.
 

gadfly56

Senior Member
Location
New Jersey
Occupation
Professional Engineer, Fire & Life Safety
That is incorrect for MA, RI and CT. It is adopted into the regulations here in MA.





Correct as a private non-profit (The NFPA) has no authority at all to create a law.




The bold part is a falsehood, plain and simple.

The AHJs interpretations must have a basis in the code. They cannot interpret 'shall be permitted' to 'shall not be permitted'.

It is also incorrect for NJ, as I have shown above.
 

K8MHZ

Senior Member
Location
Michigan. It's a beautiful peninsula, I've looked
Occupation
Electrician
Here is the way it is in Michigan:

"The rules adopt by reference the National Electrical Code, 2014 edition, and include deletions, additions, and amendments to the national code. The deletions, additions, and amendments are set forth in this publication."

This is what it means to 'adopt by reference'.



[SIZE=-1]You may find some provision adopting the Uniform Building Code, Standard Building Code, or some other code as of a certain date, with amendments and/or appendices. This is called "adoption by reference"[/SIZE][SIZE=-2]1[/SIZE][SIZE=-1] — when a secondary document is incorporated into the text of a primary document by including in the primary document a statement that the secondary document should be treated as contained within the primary one.

[/SIZE]
1. See Black's Law Dictionary 770 9(7th ed. 1999).
 
Last edited:

FionaZuppa

Senior Member
Location
AZ
Occupation
Part Time Electrician (semi retired, old) - EE retired.
FL Building Code 2010, chap 27 2701.1, adopts NEC as the reference for the whole state.

the part in red box however is not mandated to be there, FL can put whatever they want there, could be "State of FL Electric Code 2014.1A" if they want.

by law, they require something to be there, adoption of something is required by law, the "NEC" part has nothing to do with the law.

next is AHJ interpretation. it is then up to each AHJ to interpret whatever (cats, dogs, fur, NEC) has been adopted as the reference. AHJ's across the state may have varying interpretations of the broad & vague NEC code, etc. for the most part, most AHJ's will have same interpretations, gray areas leave it open to each AHJ to do with it what they want.

FL_nec.jpg
 

K8MHZ

Senior Member
Location
Michigan. It's a beautiful peninsula, I've looked
Occupation
Electrician
FL Building Code 2010, chap 27 2701.1, adopts NEC as the reference for the whole state.

the part in red box however is not mandated to be there, FL can put whatever they want there, could be "State of FL Electric Code 2014.1A" if they want.

by law, they require something to be there, adoption of something is required by law, the "NEC" part has nothing to do with the law.

next is AHJ interpretation. it is then up to each AHJ to interpret whatever (cats, dogs, fur, NEC) has been adopted as the reference. AHJ's across the state may have varying interpretations of the broad & vague NEC code, etc. for the most part, most AHJ's will have same interpretations, gray areas leave it open to each AHJ to do with it what they want.

FL_nec.jpg

The term 'shall' makes the rest of the sentence mandatory, not optional.
 

K8MHZ

Senior Member
Location
Michigan. It's a beautiful peninsula, I've looked
Occupation
Electrician
I added a footnote. We aren't talking about opinion here, 'adoption by reference' is a defined legal term.


[SIZE=-1]You may find some provision adopting the Uniform Building Code, Standard Building Code, or some other code as of a certain date, with amendments and/or appendices. This is called "adoption by reference"[/SIZE][SIZE=-2]1[/SIZE][SIZE=-1] — when a secondary document is incorporated into the text of a primary document by including in the primary document a statement that the secondary document should be treated as contained within the primary one.

[/SIZE]1. See Black's Law Dictionary 770 9(7th ed. 1999).
 

FionaZuppa

Senior Member
Location
AZ
Occupation
Part Time Electrician (semi retired, old) - EE retired.
The term 'shall' makes the rest of the sentence mandatory, not optional.

true. which means no matter where in the state you may be, whatever is placed into that red box is it, no exceptions. FL constitution does not say that red box must be "NEC". you see the diff now?
 

gadfly56

Senior Member
Location
New Jersey
Occupation
Professional Engineer, Fire & Life Safety
FL Building Code 2010, chap 27 2701.1, adopts NEC as the reference for the whole state.

the part in red box however is not mandated to be there, FL can put whatever they want there, could be "State of FL Electric Code 2014.1A" if they want.

by law, they require something to be there, adoption of something is required by law, the "NEC" part has nothing to do with the law.

next is AHJ interpretation. it is then up to each AHJ to interpret whatever (cats, dogs, fur, NEC) has been adopted as the reference. AHJ's across the state may have varying interpretations of the broad & vague NEC code, etc. for the most part, most AHJ's will have same interpretations, gray areas leave it open to each AHJ to do with it what they want.

FL_nec.jpg

This is NOT where Florida adopts the NEC as part of the building code. See section 553.73 et seq of Florida for the actual enabling legislation. And by the way, they can't just put "anything" there. See the enabling legislation.
 

FionaZuppa

Senior Member
Location
AZ
Occupation
Part Time Electrician (semi retired, old) - EE retired.
This is NOT where Florida adopts the NEC as part of the building code. See section 553.73 et seq of Florida for the actual enabling legislation. And by the way, they can't just put "anything" there. See the enabling legislation.
???

[SIZE=-1]“Approved” means conforming to the requirements of the Florida Building Code.[/SIZE]
i provided the verbiage from FL building code.
 

gadfly56

Senior Member
Location
New Jersey
Occupation
Professional Engineer, Fire & Life Safety
???


i provided the verbiage from FL building code.

Your question marks don't make sense. If you followed the link, you would have seen that's where the various codes are actually adopted, not in the Florida edition of the building code. The Florida edition of the building code is the end product of the legislation.
 

K8MHZ

Senior Member
Location
Michigan. It's a beautiful peninsula, I've looked
Occupation
Electrician
just 70??? what about 70A, 70B, and 70E. those are not NEC ??

Only NFPA 70 is the NEC. The others are not. Here are the titles of all four books.

NFPA 70: National Electrical Code®
NFPA 70A: National Electrical Code® Requirements for One- and Two-Family Dwellings
NFPA 70B: Recommended Practice for Electrical Equipment Maintenance
NFPA 70E: Standard for Electrical Safety in the Workplace®

 

FionaZuppa

Senior Member
Location
AZ
Occupation
Part Time Electrician (semi retired, old) - EE retired.
Only NFPA 70 is the NEC. The others are not. Here are the titles of all four books.

NFPA 70: National Electrical Code®
NFPA 70A: National Electrical Code® Requirements for One- and Two-Family Dwellings
NFPA 70B: Recommended Practice for Electrical Equipment Maintenance
NFPA 70E: Standard for Electrical Safety in the Workplace®

my highlight-copy went to far, my bad.
70A is an addon to 70, so i find it as being part of the NEC code stuff since its not in 70.
 

FionaZuppa

Senior Member
Location
AZ
Occupation
Part Time Electrician (semi retired, old) - EE retired.
Your question marks don't make sense. If you followed the link, you would have seen that's where the various codes are actually adopted, not in the Florida edition of the building code. The Florida edition of the building code is the end product of the legislation.

i used ??? to question your post, i didnt follow. i did follow your link, thats where i found what i quoted.
 

petersonra

Senior Member
Location
Northern illinois
Occupation
engineer
my highlight-copy went to far, my bad.
70A is an addon to 70, so i find it as being part of the NEC code stuff since its not in 70.

I am pretty sure that 70A is an extract from 70 covering only the stuff in 70 that applies to 1 and 2 family residences. I don't think NFPA does it anymore though. Not sure why they ever did it.
 
Status
Not open for further replies.
Top