Has anyone ever been failed for using a regular recess light fixture in a ceiling where there is an attic above? The reason for this question is because here in NJ some contractors are failing inspection for this. I am not quite sure of the reason, but it might have to do with an energy code here in NJ.

there are restrictions in "sub-floors" which I think you are refering to. We did a Job and we had to actually "modify" the luminaire to have the required dimension between luminaire and adjacent structure. Its not much, I think 3"? The manufacturer of the luminaire has specs for how close the luminaire can be to insulation, subfloors etc. those incandescents get very hot.
you'll get a code reference here pretty quick I imagine good luck

maybe this one?
i can see where a standard 7.5" can in a 2x8 frame may flunk......

Harold,

It may be that they are requiring "air-tite" fixtures. As you said, maybe a local energy requirement.

Harold:
Check the "Energy Code" in your UCC
Some areas are starting to enforce it.

John

This is from the 2000 Energy Code

502.1.3 Recessed lighting fixtures
When installed in the building envelope, recessed lighting fixtures shall meet one of the following requirements:
1. Type IC rated, manufactured with no penetrations between the inside of the recessed fixture and ceiling cavity and sealed or gasketed to prevent air leakage into the unconditioned space.
2. Type IC or non-IC rated, installed inside a sealed box constructed from a minimum 0.5-inch-thick (12.7 mm) gypsum wallboard or constructed from a preformed polymeric vapor barrier, or other air-tight assembly manufactured for this purpose, while maintaining required clearances of not less than 0.5 inch (12.7 mm) from combustible material and not less than 3 inches (76 mm) from insulation material.
3. Type IC rated, in accordance with ASTM E 283 no more than 2.0 cubic feet per minute (cfm) (0.944 L/s) air movement from the conditioned space to the ceiling cavity. The lighting fixture shall be tested at 1.57 psi (75 Pa) pressure difference and shall be labeled.

John,

The UCC does say to enforce sec 505 and 605 and chapter 1 as appicable and I believe NJ is still using the 1995 CABO Energy Code ( I believe it is described as.) (Some of my towns don't even have that code.) I hear other sub codes are enforcing it and I just wanted to see what exactly they are enforcing under what code section. What brought this about?

Skip,

I can see what you mean and I am sure it is almost written the same way in the previous code. However if you see my post to John, In NJ we still have to follow a different code. Also in my post to John I mispelled "applicable". I type too fast sometimes. Thanks