90.4 Enforcement (Draft)

Overview of Change

This section now includes four first level subdivisions.  The panel statement references 2020 National Electrical Code Style Manual section as the reference for the reason for this change to improve clarity and increase usability.  Section though is about list items and that is not what the Code Making Panel did with this section.  The new layout for 90.4 is to have four first level subdivisions and not list items.  What the Code Making Panel did was to separate the previous long paragraph into recognizable first level subdivisions with specific content. The more appropriate reference of the NEC Style Manual is Section 2.1.5 which is titled “Subdividing Section” and states “Sections shall be permitted to be subdivided for clarity, with each subdivision representing either a rule or a part of a rule. Up to three levels of subdivisions shall be permitted, and any level shall be permitted to contain a list.” 

The existing language found in NEC 2020 was broken out and kept intact but being placed in four separate first level subdivisions whose titles were created by the Code Making Panel.

A new informational note was also added for usability’s sake.  The reference is to Informative Annex H, “Administration and Enforcement.”  This Annex material provides a model of guidelines that can be used to create an electrical inspection and enforcement program and adoption of the NEC.

(A) Application

This first level subdivision is the existing first sentence from the 2020 version of the NEC.  It identifies that the Code is intended to be suitable for mandatory application by governmental bodies that exercise legal jurisdiction over electrical installations.  This includes signaling and communications systems and includes the use by insurance inspectors.

(B) Interpretations

This first level subdivision is taken from the second sentence of the previous 90.4.  Here we have recognition of the authority having jurisdiction (AHJ) who acts as the enforcer of this Code.  The AHJ is responsible for interpretations of these rules and approves equipment and materials being installed.  The AHJ is able to grant special permission contemplated in a number of the rules.

(C) Specific Requirements and Alternative Methods

This first level subdivision is the third sentence of the previous 90.4.  Here can be found the permission that the AHJ can use to waive specific requirements in this Code or permit alternative methods.  The AHJ would have to assure that equivalent objectives can be achieved by establishing and maintaining effective safety.

(D) New Products, Constructions, or Materials

This final first level subdivision is the final sentence of the previous 90.4.  Addressed here are those cases where the Code may require new products, constructions, or materials not yet available at the time of adoption. The AHJ can authorize the use of the products, constructions, or materials that comply with the most recent previous edition of the Code currently adopted by the jurisdiction.

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