I thank you all for your inputs, I gave this info the the contractor that was in question with this issue. The problem for the contractor is that here on Long Ialsnd there are ( 5 ) AHJ in contract with the local town for inspections. It seems that each agency has a diffrent look and interpertation on the codes, not just this issue, but on several. On agancy might pass a job , and another would fail it. The problem is to get them all on the same PAGE ! This was a topic at one of our electrical contractor meetings, whitch nobody & even the inspectors had a HARD & FIRM answer for. I thank you all again for your inputs on this issue.