I have a home inspector telling my realtor's client that the sub panel installed in the basement is a code violation...Because it has a 200 amp main breaker which is fed from a 100 amp breaker in the main service. Am I completely missing something? The 200 amp main is just a switch, not over current protection. Please if this is a violation, can somebody site a code # please.

Thanks,
H2o

Also quoting the feeders...they appear in the picture to be #2 Al. I think he thinks they would need to be 4/0 if they terminate in a 200 amp breaker. Again I disagree.
Thanks,
H20

H2O:
OCP for the feeder at the source protects the feeder.
The install you describe as I understand it is a 100 amp feeder to a sub panel with 100 amp OCP, which is code compliant.
The 200 amp CB in the sub is only functioning as a 'switch' (although expensive).

Some, but not all HI's are not the greatest at electrical code compliant determinations.

Thanks HotLine,
I think you are saying 100 feeder to a 200 amp ocp which is correct.

H20

Home inspectors go out of their way to say they are not code inspectors, then they try to cite code, usually incorrectly.
The educator in me says you should talk to the HI and see if you can't tune him up a little. The next recourse for your client would probably be bringing this up to to the state licensing board, assuming they even license HIs.
In the end it is all about the money. For the most part, HIs are there to hammer the price of the house down and I have seen some pretty silly "defects" reported by them, while missing serious issues.

h2o:
What I say is....
100 amp OCP (Breaker/Fuse) at the source protects the 100 amp feeder to the subpanel.

The 200 amp Cb in the sub is NOT protecting the feeder or the sub panel buss. No matter the load in the sub...it cannot exceed the OCP that is at the feeder source.

AS to the HI's; we license them here in NJ, and as I said above...some have 'it' and a lot 'don't'..

Hotline...

The semi-main at the panel is not needed at all.

OCP occurs at the MAIN -- which is 100 Amp.

HI is out of his depth.

It sounds like some one over the years needed more branch circuits and installed a standard 200A off-the-shelf panel. In which case the breaker came as part of the deal.

I see these all the time in the Big Box.

My come back to the HI is that I don't need ANY C/B in this situation, but that makes for a quicker cleaner installation... and the HO has an additional OFF switch.

Down the road, the HO could have the SERVICE upgraded to 200A and bump up his panel feeder to equal the Poco's Service Drop/Service Lateral.

Tesla:
As I said in my first response, the main in the sub is nothing more than a switch.

I had a few clients over the years that wanted the 'main' within a sub-panel, there thoughts were '1 switch to turn everything off'.

And, yes...the big box version, large panel, main cb, and those assorted branch cb's...a real HO bargain.

The only potential problem I can think of is what are the lugs on the 200 amp breaker rated for? If #2 awg does not fall in the listed wire range, then the installation wouldn't be compliant.

As far as what the HI says is the reason, I think he's been in the wacky tabaccy too much.

Don't get me started on home inspectors. I have gone head to head with them more than once. There job (and there only job IMHO)is to pick apart your house for what ever reason they can think up. How many times I get calls asking about what the HI says. Now granted when a HI goes into a bathroom there "Should" be GFI protection in there. Yet if the HI goes into a very old home, you know as well as I that there is no GFI protection (if a receptacle) at all.
I have seen where HI's said that there was AL wire in the house, when it was the old silver coated copper wire. I can go on, but I won't, I will get off my soapbox now. sorry!

I'll never forget when I sold my last house, the HI spotted a twin 15 amp (BR1515) in my shed's sub panel for two separate 15 amp circuits. He stated in his report that I either had to replace the branch circuit wiring with #10 or put both circuits on one pole of the breaker because 15 + 15 = 30 amps.

Yeah, OK......

Where I will defend an HI for not following code is when they do recommend upgrading "grandfathered" things that involve safety. Pointing out missing GFCIs in bathrooms is a valid concern as long as the report has language like "although not required at the time of construction of this building, current safety standards require GFCI ..."
Sometimes they even get those rules wrong though.

Something else to add to the HI 'Hall of Fame Comments'