A better understanding of "the power of the pen."
Who are these people? Where do they come from? When do we have to listen to them? What control do they have over us? How is it that they can tell us what to do, and why?
The Authority Having Jurisdiction plays a very important part in our lives to the 5-W's, who, what, when, where, how and why. Life safety is the most important rule for the (AHJ). In order for us to maintain life safety, we must understand it to enforce it. Without a shadow of dough, there are the (AHJ) out there who don't have the slightest ideal what the (AHJ) means. Well, when I mentioned in my section on code interpretation, for those who not understand it?
Why: Why do we have the (AHJ)? To make sure the installation is correct and safe, and meets all local codes of that municipality for the public. All electrical installations are not designed by an Electrical Engineer, so that mean there may not be a set of plans for the electrician to go by. He or she will have to depend on their own skills of the minimum code requirements of the National Electrical Code (NEC) or adopted state or local codes. This is where the (AHJ) comes into play.
Who: Who is in control? They are also known as Code Enforcement Officers, or Special Police.Now the title "Code Enforcement," is the important one. It is intended that the (AHJ) interpret the rules and approves all devices, materials, equipment and conductors. (Note: The (AHJ) shall approve, not the manufactures or the testing labs). The local jurisdictions do not have to accept any non-listed or labeled equipment OR, equipment not listed in the current code.
90-4. Enforcement: "This code is intended to be suitable for mandatory application by govern- mental bodies that exercise legal jurisdiction over electrical installations and for use by insured inspectors." (See mandatory rules). "The authority having jurisdiction of enforcement of the code will have the responsibility for making interpretations of the rules, for deciding upon the approval of equipment and material, and for granting the special permission contemplated in a number of the rules."
Where: Where does the code apply? While the code it primarily intended to apply to new construction, Section 90-4, 2nd paragraph permits the authority having jurisdiction to use their own judgement in applying the code to existing wiring in old locations. (When the authority having jurisdiction adopts a code, such as the NEC, they shall comply with it in it's entirety). With any state, county or city government, legal laws must be adopted in order to enforce codes of any sort. So, when a code is adopted by the authority having jurisdiction, they shall comply with it or adopt a local ordinance and comply with that. Some states (like Georgia), have adopted the NEC for the most current code and it has become law unless a local county or city submits an addendum to the state for approval. Where wiring exist in old installations, local code will govern over the installation.
What: What are the rules? All mandatory rules are characterized by the use of the word "Shall". The word "may" is no longer recognized in the NEC. The new term is "Shall be permitted". This phrase does not allow the (AHJ) to force you to do something that's not in the code, but may waive specific requirements in the code or permit alternate methods, where it is assured that equivalent objectives can be achieved by establishing and maintaining effective safety.
90-5. Mandatory Rules, Permissive Rules, and Explanatory Material.
(a) Mandatory Rules. Mandatory rules of this code are those that identify actions that are specifically required or prohibited and are characterized by the use of the terms shall or shall not.
(b) Permissive Rules. Permissive rules of this code are those that identify actions that are allowed but not required, are normally used to describe options or alternative methods and are characterized by the use of the term shall be permitted or shall not be permitted.
(c) Explanatory Material. Explanatory material, such as reference to other standards, references to related sections of this code, or information related to code rules, is included in the form of fine print notes (FPN). Fine print notes are information only and are not enforceable as requirements the code.
FPN: The format and language used in this code follow guidelines established by NFPA and published in the NEC style manual. Copies of this manual may be obtained from NFPA.
In discharging their responsibilities granted in section 90-4, the authority having jurisdiction should enforce the requirements of Section 110-3(b) to assure that equipments are used as intended. (This statement shows that if the authority having jurisdiction do not enforce the manufacture requirements, they become liable).
110-3(b) Installation and use. Listed and labeled equipment shall be used or installed in accordance with any instructions included in the listing and labeling. (Again, if the authority having jurisdiction allows installation of equipment not listed and labeled, they become liable). So, if you are the (AHJ), what would you do................what would you do?
When. When does the code not apply? The code is intended as a design specification and proper application of the code dictates the use of nationally recognized product safety standards. Neither is this code an instruction manual for untrained persons. (This code is designed for minimum safety standards and not used to engineer an installation by the (AHJ), but can enforce approved engineering plans and specifications required by the engineer).
(c) Intention. This code is not intended as a design specification nor an instructional manual for untrained persons. Let the code decide.
Disclaimer:
This domain ED STUBBS.COM is in no way part of or connected to in any
way, form or fashion with The City of Atlanta. The expressed opinions
are not that of any political or public holding officials or city
council governing rules and regulations over the City of Atlanta. The
opinions also do not reflect on any local cities, counties, states or
federal government on their rules and regulations, and / or city
ordinances, but to show contractors, electricians, engineers and
inspectors that may need clairity and understanding of The National
Electrical Code. (NEC)
