town inspection being difficult

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paul.konifka

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Albany NY
i just finished a 12 unit apt building my elec inspection passed but local building inspection says in one unit the entry to bathing the switches are to far from door and to close to shower i cant find anything in code that states how far a switch needs to be from door and how was a from a tub. my inspection said i have no problems but town is holding up the CO. any ideas
 
There are no requirements in the NEC or IBC as to where switches need to be located, 210.71(A)(1) only say a room needs a "wall switch controlled outlet" it does not dictate where this switch is to be located as that is left up to design and not code:

(1) Habitable Rooms. At least one wall switch–controlled
lighting outlet shall be installed in every habitable room
and bathroom.
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I don't see any location mention in the above code rule.

If it was a requirement then it would be most likely worded like it is for storage spaces in 210.71(A)(3)

(3) Storage or Equipment Spaces. For attics, underfloor
spaces, utility rooms, and basements, at least one lighting
outlet containing a switch or controlled by a wall switch
shall be installed where these spaces are used for storage or
contain equipment requiring servicing. At least one point of
control shall be at the usual point of entry to these spaces.The lighting outlet shall be provided at or near the equipment
requiring servicing.
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As we can see very different language.

As for the "too close to the shower" well code says it can be right next to the shower space but not within:

404.4 Damp or Wet Locations. A surface-mounted switch
or circuit breaker in a damp or wet location shall be enclosed
in a weatherproof enclosure or cabinet that shall
comply with 312.2. A flush-mounted switch or circuit
breaker in a damp or wet location shall be equipped with a
weatherproof cover. Switches shall not be installed within wet locations in tub or shower spaces unless installed as
part of a listed tub or shower assembly.
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The same goes for receptacles, they can be located right up next to a tub or shower, most look at this is if it's not over the foot print of the tub/shower ( the wall or tub rim) then it is not within the space.
 
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Also, since you already passed inspection, it seems to me whoever failed the building inspection has the problem. Maybe they need to pay an electrician to fix their problem.
 
paul.konifka said:
i just finished a 12 unit apt building my elec inspection passed but local building inspection says in one unit the entry to bathing the switches are to far from door and to close to shower i cant find anything in code that states how far a switch needs to be from door and how was a from a tub. my inspection said i have no problems but town is holding up the CO. any ideas
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Ask for a code reference for the violation. This isn't in the NEC.
 
was this a private inspector?
If so then I think he needs to deal with it.
This was not something that was concealed.
 
thanks guys> this is a local town inspector who wears his badge on his belt loop and acts likes a horses rear. this is a second floor apt so there is no ADA requirements. this was the phase three of a complex which i was the foreman on of all phases is this switch hasnt moved in all phases. most units the switch is right next to the door but with framing and sprinkle lines sometimes you cant be to close. worse case i can relocate the box to the closet on the back side of the wall and blank it off and fish a new switch leg elsewhere or a weather proof cover which he suggested but we doute the owners would approve of i have had to go over this guys head before to state, so we will be making a few phone calls before any holes are cut.

he is also treating the switch as a recept and says they are the same thing. i tried showing him the definition section of the code book and he told me to save my breath cause he didnt care what i though
 
paul.konifka said:
thanks guys> this is a local town inspector who wears his badge on his belt loop and acts likes a horses rear. this is a second floor apt so there is no ADA requirements. this was the phase three of a complex which i was the foreman on of all phases is this switch hasnt moved in all phases. most units the switch is right next to the door but with framing and sprinkle lines sometimes you cant be to close. worse case i can relocate the box to the closet on the back side of the wall and blank it off and fish a new switch leg elsewhere or a weather proof cover which he suggested but we doute the owners would approve of i have had to go over this guys head before to state, so we will be making a few phone calls before any holes are cut.

he is also treating the switch as a recept and says they are the same thing. i tried showing him the definition section of the code book and he told me to save my breath cause he didnt care what i though
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You need to have a conversation with whoever is his boss, or if that doesn't help go to state level AHJ, that probably still has some say over the local jurisdictions. Is this a new guy, or are you first time in his jurisdiction? This guy needs an attitude adjustment. If he is employed by public funds he can be easily unemployed if he is the type to operate under his own rules.
 
kwired said:
You need to have a conversation with whoever is his boss, or if that doesn't help go to state level AHJ, that probably still has some say over the local jurisdictions. Is this a new guy, or are you first time in his jurisdiction? This guy needs an attitude adjustment. If he is employed by public funds he can be easily unemployed if he is the type to operate under his own rules.
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I agree, in theory at least. :roll:

Given the location of the person in the OP I'm not so sure this would matter.
 
paul.konifka said:
i tried showing him the definition section of the code book and he told me to save my breath cause he didnt care what i though
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Calmly explain to him "It is not personal, and has nothing to do with what I think, but instead what the NEC says". That is the last word as far as your installation is concerned. If he can show you documentation to the contrary, either state, city or local, you will be happy to comply. Otherwise there is no basis to change anything except his personal preference. If that is to be your guide for all future installations, ask him to please put his personal preferences in writing and make a few copies to pass out so everybody can be in compliance. :thumbsup:
 
paul.konifka said:
i just finished a 12 unit apt building my elec inspection passed but local building inspection says in one unit the entry to bathing the switches are to far from door and to close to shower i cant find anything in code that states how far a switch needs to be from door and how was a from a tub. my inspection said i have no problems but town is holding up the CO. any ideas
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Are you saying that you 'passed' your electrical inspection? Now this local guys wants it changed?
 
btharmy said:
Calmly explain to him "It is not personal, and has nothing to do with what I think, but instead what the NEC says". That is the last word as far as your installation is concerned. If he can show you documentation to the contrary, either state, city or local, you will be happy to comply. Otherwise there is no basis to change anything except his personal preference. If that is to be your guide for all future installations, ask him to please put his personal preferences in writing and make a few copies to pass out so everybody can be in compliance. :thumbsup:
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If there are local amendments they should already be in writing someplace. If he just randomly makes up codes as he sees fit, it may even be illegal on his part, and his employer should not tolerate him doing this.
 
It looks like everyone is in agreement. It is often recommended that you "go along" and try to influence future decisions. In this case, I agree with everyone else, I would fight this one. At some point you can't let the inspector to make arbitrary rules.
 
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