Revise 90.4

[George Stolz]

1.) NEC Section/Paragraph: 90.4
2.) Proposal Recommends: [revised text]
3.) Proposal: Revise the first paragraph to read as follows:

90.4 Enforcement. This Code is intended to be suitable for mandatory application by governmental bodies that exercise legal jurisdiction over electrical installations, including signaling and communications systems, and for use by insurance inspectors. The authority having jurisdiction of enforcement of the Code shall accept listed and labeled equipment or materials where used or installed in accordance with instructions included with the listing or labeling. The authority shall have the responsibility for deciding upon the approval of unlisted or unlabeled equipment and materials, and for granting the special permission contemplated in a number of the rules.

4.) Substantiation: As it is currently written, per 90.4 and 110.2, the Authority Having Jurisdiction has the final say and the authority to reject listed materials and equipment.

If listed products are used in accordance with their listing, then these items should automatically be acceptable to the AHJ according to the NEC. This would greatly clarify the roles of the parties involved. It would ease the burden on inspectors who currently have to determine if they agree with the listing, and would greatly ease the burden on the installers in the field.

Edit edit edit...

[ June 05, 2005, 09:55 AM: Message edited by: georgestolz ]

 

[iwire]

Re: Revise 90.4

That did not take long.

 

[George Stolz]

Re: Revise 90.4

 

[charlie]

Re: Revise 90.4

George, in your substantiation, you need to state that you have had a lot of trouble with the AHJs turning down listed materials that are used in accordance with their listing and labeling. In other words, without a problem, its not broke and we ain't a gonna fix it.

 

[George Stolz]

Re: Revise 90.4

Charlie, that's hard to write without sounding like a whiner. I try to come off as an observer, rather than a little girl with a skinned knee.

But I'll re-write it when I get more time.

 

[mc5w]

Re: Revise 90.4

One of my buddies had a problem with a light fixture in a gasoline station. This fixture used a cord woven within the support chains ( common configuration ) but since the chains extended up above a suspended ceiling, the inspector turned it down.

What UL permits or requires and what NEC permits and requires are not exactly synchronized.

The inspector also needs to turn down things that are utterly cretinous in terms of the overall safety intent of NEC much like how using goat's milk cheese to make veal parmesan may be within the letter of Jewish dietary law but it is nevertheless bogus.

 

[George Stolz]

Re: Revise 90.4

In other words, without a problem, its not broke and we ain't a gonna fix it.

Well, it was worth a shot. I wish I had posted the thread that compelled me to write this proposal, I forget what even brought this on.

1-8 Log #1397 NEC-P01
Panel Meeting Action: Reject
Panel Statement: The Title of Section 90.4 is Enforcement. Enforcement of the NEC and determining the approval of equipment and materials is the responsibility of the authority having jurisdiction. Adding wording to require automatic approval of equipment or materials is in direct conflict with this section and the definition of ?Authority Having Jurisdiction.? The submitter?s concern relative to unlisted equipment is already addressed in the last sentence of the first paragraph of 90.4.