Mr. Electric
Junior Member
California.
The enforcement of the Code is by electrical inspectors, most often municipal employees, who are recognized as the Authority Having Jurisdiction and as such, are responsible for the interpretation of the code (and hence the choice of materials and methods used in some cases).
Situation-
When an electrical inspector makes an interpretation of the code that is deemed by peers (in formal local industry meeting to answer code questions) to be outside the accepted intent of the code, and that it affects the cost of a contractor’s installation, is there any remedy under law to persuade that inspector or his/her City Manager/Mayor to change the interpretation to that generally accepted by the rest of the industry? Might this be covered under some part of the restraint of trade law in that this unconventional interpretation will increase the cost of goods and services to the public in that area?
In this specific case, the inspector in question when asked to justify his position with an NEC citation, cited Article 90-4 under Enforcement, that (paraphrased) gives the interpretation of the NEC to the authority having jurisdiction (meaning that he could do with it what he wanted).
Is there any remedy? Is there any precedent?
The enforcement of the Code is by electrical inspectors, most often municipal employees, who are recognized as the Authority Having Jurisdiction and as such, are responsible for the interpretation of the code (and hence the choice of materials and methods used in some cases).
Situation-
When an electrical inspector makes an interpretation of the code that is deemed by peers (in formal local industry meeting to answer code questions) to be outside the accepted intent of the code, and that it affects the cost of a contractor’s installation, is there any remedy under law to persuade that inspector or his/her City Manager/Mayor to change the interpretation to that generally accepted by the rest of the industry? Might this be covered under some part of the restraint of trade law in that this unconventional interpretation will increase the cost of goods and services to the public in that area?
In this specific case, the inspector in question when asked to justify his position with an NEC citation, cited Article 90-4 under Enforcement, that (paraphrased) gives the interpretation of the NEC to the authority having jurisdiction (meaning that he could do with it what he wanted).
Is there any remedy? Is there any precedent?