I was part of the IEEE Safety Subcommittee that proposed the 1996 Exception. The problem is that Live Parts keep getting redefined.
Prior to the 2002 NEC, Live Parts was defined as "Electric conductors, buses, terminals, or components that are uninsulated or exposed and a shock hazard exists." The assumption was that metal enclosed equipment facing each other were considered to be Condition 2 since it was presumed no shock hazard existed from the gear "across the aisle? ? even if it were open. However, the problem arose earlier (can?t remember which edition) when the measurement requirements were specified as from the live parts, if exposed, or the cover if enclosed.
If equipment was upgraded many existing installations instantly became non-compliant-so the exception was generated.
The condition became worse from a practical standpoint when ?Live Parts? was redefined to its current definition: ?Energized conductive components.?
So several tweakings of the ?Condition 3? have occurred, primarily to recognize that what may be ?across the aisle? can be temporarily guarded while working on live equipment (making it Condition 1) or, as is now the case, in 2005 the ?live parts? must actually be exposed on both sides to require Condition 3. The ?guarding? proviso has been eliminated, so it will be a Condition 2 as a minimum; but the literal requirement of Condition 3 is that there must be exposed live parts on both sides. This has been the 70E TC fallback for some time now.
I?m going to be very interested in what happens to 110.26 in the next cycle. In truth, there is no inherent increase in fire or even shock hazard introduced by the installation itself for deadfront equipment ? no matter what the spacing is. There is obviously a worker safety issue though. The 70E TC and CMP1 have been at odds over this for some time.