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#201230 - 05/21/11 05:31 PM 90.4 AND authority  
Niko  Offline
Member
Joined: Aug 2006
Posts: 356
Campbell, CA
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?


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#201231 - 05/21/11 06:09 PM Re: 90.4 AND authority [Re: Niko]  
sparkyinak  Offline
Member
Joined: Jul 2007
Posts: 1,317
Alaska
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


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#201232 - 05/21/11 06:30 PM Re: 90.4 AND authority [Re: Niko]  
Niko  Offline
Member
Joined: Aug 2006
Posts: 356
Campbell, CA
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


#201233 - 05/21/11 07:38 PM Re: 90.4 AND authority [Re: Niko]  
renosteinke  Offline
Cat Servant
Member
Joined: Jan 2005
Posts: 5,316
Blue Collar Country
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?


#201235 - 05/21/11 07:39 PM Re: 90.4 AND authority [Re: Niko]  
gfretwell  Offline


Member
Joined: Jul 2004
Posts: 9,069
Estero,Fl,usa
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

#201236 - 05/21/11 10:37 PM Re: 90.4 AND authority [Re: Niko]  
KJay  Offline
Member
Joined: Nov 2007
Posts: 763
MA, USA
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.


#201334 - 05/28/11 10:09 PM Re: 90.4 AND authority [Re: Niko]  
harold endean  Offline
Member
Joined: Feb 2002
Posts: 2,233
Boonton, NJ
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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