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90.4 AND authority #201230 05/21/11 04:31 PM
Joined: Aug 2006
Posts: 356
Niko Offline OP
Member
How much authority does the AHJ has with 90.4?

Can they use 90.4 on every debate? or 90.4 is strictly for interpretation.
For example:

Installer: "per 250.68(A)(1) Exc. the connection of GEC to the ground rod doesn't have to be accessible"

Inspector: "Yes it does. Because of 90.4 i need that to be accessible"

I don't think this is interpretation is it?


Be kind to your neighbor, he knows where you live

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Re: 90.4 AND authority [Re: Niko] #201231 05/21/11 05:09 PM
Joined: Jul 2007
Posts: 1,335
S
sparkyinak Offline
Member
It's jurisdiction specific. Although in theory a AHJ can supersede the code, local regs must state their authority. So an AHJ says you can do such and such, and you can prove he is in violation, you could fight it (at your expense and time) and likely will win. The down side of it all is that you will likely still be working in their juristdiction when all said and done


"Live Awesome!" - Kevin Carosa
Re: 90.4 AND authority [Re: Niko] #201232 05/21/11 05:30 PM
Joined: Aug 2006
Posts: 356
Niko Offline OP
Member
My belief is if a section is interpretable then the inspector can make a judgment call. If it is a black and white case then there is nothing to interpret.




Be kind to your neighbor, he knows where you live

Re: 90.4 AND authority [Re: Niko] #201233 05/21/11 06:38 PM
Joined: Jan 2005
Posts: 5,316
renosteinke Offline
Cat Servant
Member
Article 90 is considered to be unenforceable. How else can so many other code provisions croos over into design issues, so many use the code as an instruction book, etc?

Re: 90.4 AND authority [Re: Niko] #201235 05/21/11 06:39 PM
Joined: Jul 2004
Posts: 9,571
G
gfretwell Offline
Member
I have never actually seen anyone cite 90.4 but I have seen guys say "That is the way I read that section" and come up with a plausible explanation. That gap between different readings can get pretty wide, that is why I think people getting together on these BBs and talking things out is very valuable. The local trade groups are good about this too.
I still see different rules in the various jurisdictions in spite of a state code.
It would be great if everyone was using the same code wink


Greg Fretwell
Re: 90.4 AND authority [Re: Niko] #201236 05/21/11 09:37 PM
Joined: Nov 2007
Posts: 763
K
KJay Offline
Member
In my area, the accepted interpretation is that the authority having jurisdiction mentioned in 90.4 is not the local inspector, but is the actual state or city government that adopted the code.
Also, that none of Article 90 is considered to be enforceable, since it is merely an introduction to the NEC.

Re: 90.4 AND authority [Re: Niko] #201334 05/28/11 09:09 PM
Joined: Feb 2002
Posts: 2,233
H
harold endean Offline
Member
Here in NJ the state adopts sec. 90 of the NEC with some editing. We change the words AHJ to electrical sub code official. That gives us the power of the AHJ. As for 90.4 myself I try to interpret the NEC as written, but as always you and I can see things in a different light. I then welcome the EC to engage in conversation with me. Tell me what he thinks and I will tell him how I see it. If I think he makes a good point, I can agree with him. As Greg says, I have brought many questions to this BB because I get a lot of questions from EC's out there. I also want to see if I am missing a point or two from the EC.


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