408.36 Overcurrent Protection.
In addition to the requirement of 408.30, a panelboard shall be protected by an overcurrent protective device having a rating not greater than that of the panelboard. This overcurrent protective device shall be located within or at any point on the supply side of the panelboard
Please clarify the question. At the point you "tap" the riser, are you installing an overcurrent device, followed by a feeder to an MLO panel in the apartment? If so, that is allowed, but perhaps "tap" is an incorrect term. If not, see Rob's answer.
Just curious. If tapping the riser to feed the apartment panels what are they using for sub-metering?
Since you're saying that there is an Article 240 tap then the main breaker (or other OCPD) would be required at the end of the tap conductors. A main circuit breaker in the panel would be the simplest way to comply with the requirement.The riser runs up through the panel gutter space and inside that gutter space, splices off to the panel bussing.
In this scenario I'm wondering if MLO is allowed or not.
Per infinity's point, the panel rating would need to match the OCPD of the riser (which isn't the case in my scenario) so I would need a main breaker in the panel to give panel protection.
But assuming MLO was allowed meeting the panel OCPD requirement, wouldn't you still need a main breaker in the panel for the tap conductors inside the gutter space ??
(assuming the "tap" conductors are smaller than the riser size)