temp generator

[Mike01]

I had someone ask a opinion today and do not know if this would be a legal installation. temp generator is required the main bus is outfitted with lugs and cable to a temp generator outupt with a kirk key interlock to the main in the switchboard so the generator cannot be energized to the bus unless the kirk keys are used, however the conductor between the generator output breaker and the switchboard bus would be energized (with no load however the conductors would be energized) if a fault occured on the secondary of the generator ocpd it would trip the main does the connection at the switchboard require a ocpd? is this considered a tap? it is serving no load untill energized and the kirk keys are activiated? just curious about everyone elses opinion to be it is a non code compliant installation and a violation of the tap rule unless the conductors are routed underground but with it serving no load is this still the case seeing that the conductors will be normally energized. ther is not alot of space to mount adjacent to the switchboard to install another ocpd at the switchboard that is why this has come up.