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By code- without exception?

| Posted in Energy, Heating & Insulation on August 7, 2005 07:31am

Is it ever allowable not to follow code to the letter? I’ve been working on older (1920s era) houses and buildings lately. Twice now the question of using AFCI breakers for bedroom circuits has come up. My understanding is that this is the current code here in Oakland, CA. However, I’ve talked with licensed electricians who don’t do it, and who have been told by inspectors that while it’s “required” it’s not really “mandatory.” Funny… I thought the those words were near-synonymous.

Also- what if any responsibility do I have to a homeowner who’s hired me to fix some framing if I see sub-code work being done by others?

I appreciate any thoughts on this. Thank you.

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  1. DanT | Aug 07, 2005 01:39pm | #1

    First off let me say I am not an electrician although I do some electrical updates and repairs.  I do however have a good friend who is one and lunch frequently with him and his electrical co-workers.

    The Arc Fault issue is a hot one here.  Apperantly the is no or few testing devices for them and they tend to be over sensitive and trip frequently.  So........few around here install them and none of the inspectors care.  Don't know about your area but thats how it is in mine.  DanT

  2. User avater
    maddog3 | Aug 07, 2005 02:10pm | #2

    It would appear that the NEC is going to look at this again in '08 according to the '05 Code , anyway, it is up to the AHJ !

    likewise,....let the inspectors do their job....and you do yours.

    "
  3. Shacko | Aug 07, 2005 05:23pm | #3

    Many in the different trades have tweeked the code, but you have to make the call [Is it worth it?].  Any problems down the line you are libel.

    1. SAHarding1 | Aug 07, 2005 06:48pm | #4

      Interesting responses. Not trying to be argumentative, but choosing which parts of the code to follow based on what is enforced by inspectors seems problematic. The code says:The 1999 NEC Rule:
      210-12. Arc-Fault Circuit-Interrupter Protection
      (a) Definition. An arc-fault circuit interrupter is a device intended to provide protection from the effects of arc faults by recognizing characteristics unique to arcing and by functioning to de-energize the circuit when an arc fault is detected.
      (b) Dwelling Unit Bedrooms. All branch circuits that supply 125-volt, single-phase, 15- and 20-ampere receptacle outlets installed in dwelling unit bedrooms shall be protected by an arc-fault circuit interrupter(s). This requirement shall become effective January 1, 2002.This seems pretty clear. From what I understand, though, many electricians do not install AFCIs. Now, I know that code is not strictly followed by various tradespeople- not just electricians- for various reasons. With AFCIs, though, it seems like a pretty big risk, even if the chances of something happening are remote. Thanks for the comments.

      1. User avater
        BillHartmann | Aug 07, 2005 07:23pm | #5

        BTW, that is not YOUR LOCAL CODE.The only code is whatever you local state/city adopts. It is usually based on a specific verison of a national code, but with admendments.For example you city might be using the 1996 version whcih does not require AFCI's at all. Or the 2002 which requires them on all OUTLETS (that includes lights and even hardwired smokes).And this is only for new construction. Now a short time ago something similar came up and I found links to several counties in California and it appeared that they where requiring AFCI's rooms that where being converted to bedroom use or bedrooms in additions.However, they where not requiring them on service upgrades.

      2. User avater
        maddog3 | Aug 07, 2005 07:24pm | #6

        Problematic?? If the AHJ does not require them but they give you peace of mind, put them in.why is not using them a ....." pretty big risk " "

        1. SAHarding1 | Aug 07, 2005 08:46pm | #7

          I appreciate the feedback. Bill,My understanding is that there is no local amendment to the code on this issue and therefore the code prevails. This was also verified at the building dept, which is where the "required" but not "mandatory" comment also came from.maddog,I'm thinking of the risk if there were to be a fire. Would there be insurance issues if sub-code work had been done? What if electrical work passes inspection without AFCIs because the city is not enforcing that code provision and something happens? Could you say "It was inspected and passed" and be absolved of liability? I don't know. I just find it interesting that the usual reply to code questions is "follow the code" but in this case there seems to be some gray area.

          1. User avater
            maddog3 | Aug 07, 2005 09:37pm | #8

            the Code also states that I can support 4" Ridgid Metal Conduit every 20' (max.) Can I do that ? Yes
            Will I do that ? No....."required" but not "mandatory " I see your confusion, and the requirement might not even be in the Code after 2008, until then, if the NEC is what is used then put the AFCIs in.As an aside, the '05 Code also "requires" that all single phase cord and plug connected room air conditioners have factory installed AFCI ( or LCDI ) protection on the cord within 12 " of the attachment plug.<<< this actually makes more sense to me"

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