Using newer code not adopted

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sparky999

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I've searched and searched but can't seem to find a clear answer.

Can I use NEC code of a newer edition even if it is not adopted yet?

The only thing I have found close to answering my question if the the paragraph above 90.1 where it states:

"This edition may be superseded by a later one, or it may be amended outside of its scheduled revision cycle through the issuance of Tentative Interim Amendments."

Thank you for your help in advance!
 
Codes are adopted by the jurisdiction that controls them, here in NJ it's the State. If it hasn't been legally adopted then there is no legal basis to require or allow the new edition to be used. Common senese would dictate that it the code change was there to clarify a previous code section then IMO that can be used.
 
As long as the current installation would be permitted under the old rules. Usually, the rules get stricter with a new edition, but sometimes they are relaxed.
 
In our local jurisdictions the AHJ had allowed less stringent rules to be applied. The one you noted in particular where the contractor took advantage of the '17 change prior to the City adopting '17 but as noted in Post #2 it was a specific governmental AHJ.
 
sparky999 said:
Referring to 310.15(B)(3)(c)

2017 could be seen as more desirable then 2014.
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IMO one should be allowed to apply the newer section because the old section was added into the NEC with near zero substantiation in the first place. If you use XHHW-2 then the point is moot even under the 2014 NEC.
 
This comes up in our jurisdiction every time the new NEC comes out because CA has its own electric code. It's based off of the NEC but it's always a cycle behind NEC. Currently we are on the 2019 CA code cycle and our electric code is based off of the 2017 NEC and we will be using that code book till Jan 2022 when the next cycle takes effect. Electricians tend to buy the new NEC when it's available and they often are concerned that their work won't be compliant. In most practical situations it's not going to be a problem, but I just make sure I say "if there's a problem or a dispute, we use this code book." I also make a point of having my codes books with me and I'll often pull my electric code out so that contractors can put it side by side with the newest NEC and so far we haven't found anything that they want to do that conflicts with our current code.
 
The problem with using the new code before it is adopted is that there may be amendments to the section you are using. In NC you can use the new code if it has been adopted and it is before the effective date. So we may accept it with amendments in March but the effective date may be in June. In that period you can use the newer code but you generally can't pick parts of the new code and then parts of the old code on the same job.
 
In my area, the state adopts a code by reference and makes amendments to it by judicial action and approval. If I wanted to consider sections from a newer code, I would be required to have the contractor submit it to the State for review and possible variance, whether more or less restrictive. Otherwise I only have the right to inspect and review based on the adopted code. Additionally, we are still on the 2008 NEC, if that tells you how far behind our state is.
 
102 Inspector said:
In my area, the state adopts a code by reference and makes amendments to it by judicial action and approval. If I wanted to consider sections from a newer code, I would be required to have the contractor submit it to the State for review and possible variance, whether more or less restrictive. Otherwise I only have the right to inspect and review based on the adopted code. Additionally, we are still on the 2008 NEC, if that tells you how far behind our state is.
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Well at least there isn't as much AFCI madness in your edition.
 
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