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#27107 - 07/01/03 09:38 PM public record
ga.sparky56 Offline
Member

Registered: 11/24/02
Posts: 582
Loc: young harris georgia usa
In light of the recent court decision in Texas,what impact will this have on the NEC?

Will we see each state putting it's own stamp on a version of the NEC,and further add to the questions of who allows what and where?

Will we even have a true NEC for the basis?

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#27108 - 07/02/03 03:40 AM Re: public record
pauluk Offline
Member

Registered: 08/11/01
Posts: 7693
Loc: Norfolk, England
Russell,

What exactly was the Tx court case?

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#27109 - 07/02/03 05:54 AM Re: public record
resqcapt19 Offline
Member

Registered: 11/10/00
Posts: 2209
Loc: IL
Paul,
The 5th Circuit of the US Court of Appeals has ruled that if a "model" code is adopted as law, then it can be freely published online without infringing the copyright laws. Here is the court's opinion . Note that this ruling only applies to the 5th circuit, which covers the states of Texas, Mississippi, and Louisiana. Courts in other areas may cite this case, but the ruling in the 5th circuit, does not automatically prevent copyright infringement law suits against those who publish copyrighted codes online in areas outside of the 5th Circuit. The ruling was appealed to the US Supreme Court, but they declined to review the case.
Don

[This message has been edited by resqcapt19 (edited 07-02-2003).]

[This message has been edited by resqcapt19 (edited 07-17-2003).]
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#27110 - 07/02/03 05:57 AM Re: public record
resqcapt19 Offline
Member

Registered: 11/10/00
Posts: 2209
Loc: IL
In my opinion, most code users will still purchase the code books. Few could work with only an online copy. The ruling does not say that the code books must be free. If fewer copies of the book are actually sold, the cost may have to go up so that the sponsoring organization can recover their costs.
Don
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#27111 - 07/02/03 02:58 PM Re: public record
ga.sparky56 Offline
Member

Registered: 11/24/02
Posts: 582
Loc: young harris georgia usa
I know I'm a bit simple-minded,but wouldn't it be easier for all concerned to make the Nec exactly what it says and have 1 code nationwide?

Russell

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#27112 - 07/02/03 03:38 PM Re: public record
Roger Offline
Member

Registered: 05/18/02
Posts: 1779
Loc: N.C.
Hey Russell, I question your simple-mindedness, but the word "simple" does come to play. Your idea would never work because it would be "simple" and practical.

Roger

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#27113 - 07/02/03 03:54 PM Re: public record
HotLine1 Offline

Member

Registered: 04/03/02
Posts: 6805
Loc: Brick, NJ USA
Russell:
WE have the NEC available at most of our libraries here in NJ. Also, the town that I work in PT as an AHJ has a copy of the NEC, and Handbook available at the Construction Office Permit counter. Most of the other towns will provide a NEC, IF someone asks for it. (Not to "take" but to read as reference)

Occasionally, I have given homeowners "copies" of outlet spacing requirements, and EC's copies of emergency lighting references. I may be "violating" the copyright law, then again I may not be.

BTW:
NJ "adopts" the NEC (with amendments) as the Electrical Sub-Code for the State Uniform Construction Code. THe State does not "re-print" the NEC into it's UCC books. THe UCC Blue Book is available at ALL town Construction Offices, but I do not believe the general public can buy it. (That may be wrong) It is very boring reading, as it is a "legal document" (Law) and mostly written in "legaliese".
John

[This message has been edited by HotLine1 (edited 07-02-2003).]
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#27114 - 07/02/03 04:07 PM Re: public record
ga.sparky56 Offline
Member

Registered: 11/24/02
Posts: 582
Loc: young harris georgia usa
One potential problem I could see with the Nec free online,is that homeowners will download it and start argueing code issues,whether they know what they're reading or not.

Can anyone else see this or am I being paranoid?


Russell

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#27115 - 07/02/03 04:50 PM Re: public record
ThinkGood Offline
Member

Registered: 08/07/02
Posts: 1084
Loc: Milwaukee, WI

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#27116 - 07/02/03 05:10 PM Re: public record
resqcapt19 Offline
Member

Registered: 11/10/00
Posts: 2209
Loc: IL
Russ,
 Quote:
I know I'm a bit simple-minded,but wouldn't it be easier for all concerned to make the Nec exactly what it says and have 1 code nationwide?

Can't be done. The adoption of building codes by the federal government would be unconstitutional. That type of legislation is reserved to state and local governments. Of course with Ashcroft in power who knows what rights the federal government will trample on next.
Don
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