wireways?

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when exactly does a wireway become a pull box. i was watching mike's code change dvd last night and this came up he said that the rule for sizing this was changed to clarify it but i think it just as confusing. it just so happens that this came up just the other day in the field. i was doing an inspection on a service. from the ct cabinet a wire =way fed two 400 amp disconnects. from each disconnect they ran a 4" nipple (about 6" long) to a wireway. just to the right of the disconnect they ran 2 more 4" conduits up and out of the room to other panels. the wireway was 12" x 12". i told the contractor that to me that it was a pull box and must be sized that way. he said of course that it was "engineered" that way. sizing it this way would make it 36" to the wall across from the conduits. also he didn't provide the 24" (6 x) spacing for the conduits with the same conductors. so again when does a wireway become a pull box?
 
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