With the second leg brought to the service, does it not require a disconnecting means and overload device.
If the other slot is blocked out and the other leg is not going to be used, why waste the money? It would serve no purpose what so ever. If the 240 were needed in the future, that the existing breaker would have to go bye-bye any ways. The problem with code inforcement is understanding the intent of the code. If just the word of the code was enforced then everyone would be doing it. This what drives me bonkers with home inspectors. Unless they had real life skills, there are only book smart at best which is not a good thing in the trade. (I'm getting off my soap box). When rather I am wearing my inspector cap or pulling wire, I go with the intent of the applicable codes.
