What's the procedure for AHJ dispute resolution?

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mayanees

Senior Member
Location
Westminster, MD
Occupation
Electrical Engineer and Master Electrician
To my colleagues at Mike Holt's forum, I pose the question:

What is our course of action to dispute an Inspector's ruling on an NEC topic?

I'm currently involved in a fast-track proejct where the MDIA inspector, using the County-approved 1999 NEC, has interpeted working space and dedicated electrical space incorrectly..... as I see it.
His contention is that the dedicated electrical space of 6' over the width and depth of the equipment extends out into the "working space", such that you can't mount sprinklers below 6' above the working space. I have a 1999 NEC Code Handbook interpretation that specifically lists that as acceptable.

Having being in this electrical field for 25 years plus, I've never had cause to dispute the ruling of the AHJ, so I don't know where to start. And the problem with this job is that it's moving too fast to expect resolution within the timeframe required, so we'll have to do something else to comply.

But hopefully someone can enlighten me, so I'll be preparewd next time.

Thanks,

JM
 
The answer to this question really depends on the laws in your area. Most jurisdictions have a chief inspector or building official that is in charge of the inspectors in the department. I would start by contacting the local building department and inquiring about this.

Chris
 
Did you show him the pictures in the NECH? Did you have him read the 99 NEC article 110 section 110.26(F) ? Educate him or her. Work together...going over heads and filling complaints against a so called inspector may not be worth it in the long run so to speak.
 
If you can get ahold of the IAEI analysis book for the 1999 code, I'm pretty sure there were a couple of drawings that clearly showed what you're doing is code-compliant.

In NY, MDIA inspectors are private 3rd-party inspectors. There are many other private companies, too. If I were having trouble, I would go to my building official.

It may be that MDIA has also contracted to enforce the building codes for your area. In that case you'll have to make your case with the governmental body that oversees the contract with the private inspection agency.Do not let your rights be taken. A 3rd party inspector is the not AHJ. It is against the law for a municipality to assign rights to private companies. In other words, a private party cannot usurp rights from an individual.
 
mayanees said:
To my colleagues at Mike Holt's forum, I pose the question:

What is our course of action to dispute an Inspector's ruling on an NEC topic?

I'm currently involved in a fast-track proejct where the MDIA inspector, using the County-approved 1999 NEC, has interpeted working space and dedicated electrical space incorrectly..... as I see it.
His contention is that the dedicated electrical space of 6' over the width and depth of the equipment extends out into the "working space", such that you can't mount sprinklers below 6' above the working space. I have a 1999 NEC Code Handbook interpretation that specifically lists that as acceptable.

Having being in this electrical field for 25 years plus, I've never had cause to dispute the ruling of the AHJ, so I don't know where to start. And the problem with this job is that it's moving too fast to expect resolution within the timeframe required, so we'll have to do something else to comply.

But hopefully someone can enlighten me, so I'll be preparewd next time.

Thanks,

JM

These pictures should help you. From the 1999 IAEI Anaylsis and the IRC.

View attachment 1576

View attachment 1577
 
wbalsam1,

These are the pictures he's providing me with, and using as his rationalization for his ruling/interpretation. I suspect that he's looking at the suspended ceiling in the picture and lining it up with the working space.

I'm sending them the 1999 NEC Handbook showing the commentary spcifically accepting the sprinkler over the working space.

I'm not sure why it got this far anyway because the ceiling height is 18', so the piping could be installed above everything. I'm trying to get the Fire Protection Eng'r and the sprinkler contractor to put it at the underside of the roof.

Actually I'm just trying to do my electrical work, but the electrical inspector has thrown this mechanical problem into my hands!

Thanks for your responses.

JM
 
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