Alabama judge who ruled that if the AHJ is not penalized for flawed interpretations of codes and ordinances, then the EC could not be penalized for errors and omissions has been upheld by AL Appellate Court.
(I have condensed the 9 page ruling to the above).
Also, Supreme Court has refused to hear appeal regarding the copyright of the NEC. The 5th Federal Circuit Court of Appeals ruled that:
“If a code is adopted as a law by a municipality, it must be available free to those who fall under the law”.
“….once it becomes law, the prevailing public interest is in making it available to people free so they can know what the law is”.
At this time, the ruling is effective in the 5th district only (Texas, Louisiana, and Mississippi).
Utilizing this ruling I have a copy of the NEC with amendments in 8-1/2x11 form (812 pages), local zoning ordinances (1229 pages), and local building codes (1140 pages). The County Court Clerk was very obliging and said that I can receive free copies of any local codes, laws, or ordinances. I did have to wait about three weeks after my request to receive the documents.
I don’t know how others feel but I believe that the 5th Circuit made the correct ruling, as an EC or anyone, should not be required to pay $65 or so per copy every three years to find out what the law is. The upcoming 2005 NEC may be the last as we know it and in lieu of full publications every three years only addendums to affected chapters would be published as municipalities all over are having budget problems and they can ill-afford the cost of providing hundreds, or thousands, of free copies.
Rowdy
