I doubt NY State will adopt a requirement for AFCIs in any room.
Your comments regarding adoption of the NEC as a standard is somewhat on target, but not 100%, I feel.
Let’s face it. A lot of what goes in to the new “standard” is, in part, based on economics. I submit that many manufacturers have a vested interest in re-couping some capital investment from production and R&D efforts. An easy way to do this is to chenge requirements along the way.
I do not believe that lawmakers are gutless on this issue, at least. They are advised by many people at many levels across many governmental departments with regard to what to ratify and what to reject. Their reluctance to adopt it is based on the advice they seek from many.
And, as you said, all of it is open to interpretation by the AHJ.
As an example, I just ran across a GE 150 amp panel, mounted sideways, right above a waste line. When they swapped it out in 1991, there was no room to polace a vertical panel. So, they turned it sideways. 1/2 the breakers are “down” as 'On" and “up” as “off”. Panel was approved by the Board of Fire Underwriters since the moment it was installed. So, there is definitely “gray” out there.
I suspect that the 2008 NEC may be adoped in part, but as with many other versions, it will not be accepted universally.
In that case, the inspector did the wrong thing. There is no grey area on that matter.
The inspector is not the AHJ, and he is not permitted to make interpretations. The AHJ is a govermental body, and the inspector just works for them. The individual inspector is not permitted to make interpretations, although most of them do.
Perhaps, but as a representative of the AJH (firms are approved contractors, acting on behalf of the municipality) he DOES have the lattitude to make the interpretation. The township accepts the inspector’s aproval or rejection.
Whether or not we like it, this stuff goes on every day. This is where as home inspectors, we need to be especially careful as to HOW we report what we perceive to be defects. Was it a defect? Probably. Is it a Code violation? Not according to the electrical inspector nor municipality. Since the Board of Fire Underwriters is a consortium of insurance carriers, and who are known to be pretty tough, stated that the installation is okay, an electrician or inspector would be hard-pressed to state otherwise. I know it sucks. You know it sucks. But, someone n authority says its fine.
This is where gray comes into play.
Another example is the notion of bonding the gas pipe. In NY City and in Westchester County, Consolidated Edison is the actual AHJ (not the city or county). If an electrician bonds the gas line, Con Ed will red flag the dwelling and turn the gas off. They do not want it. They do not approve it. They make the rules.
The state sets the minimum standard (presently a modified version of the 2002 NEC, referred to as the 2004 CEC). I haven’t found any cities within my driving range that use anything more current, although they certainly could if they chose to.
Calling the NEC a minimum standard may have been a correct statement 10 years ago but the industry representitives have packed it with so much snake oil in the last 3 cycles that it is far from a “minimum” code now in those areas. (bonding grids, AFCIs etc)
The 2008 will be pushing that bar even higher with some of the dumb stuff they have approved to make manufacturers richer.
The key here is the Authority Having Jurisdiction. If the AHJ hasn’t adopted something, it’s as good as null and void. The best thing an HI can do, especially if he serves a number of jurisdictions, is find out which version of the NEC or IRC it adheres to. And even then, they may pick and choose what to enforce or not to enforce. I try to simplify things in my comments. Something like this:
“The latest standards call for AFCIs on all branch circuits. However, your local authority may not have adopted these standards as yet. Check with your local authority, blah, blah…”
BTW…is it just me, or are there others who believe the stuff concerning aluminum branch circuit wiring was left in there just to protect ALCOA and the guys from liability?
After reading the comments, I am inclined to believe that the NFPA has lost its original mission, and replaced it with a return to FEUDALISM! Acting like a dictatorial King, it has come out with numerous dumb ideas that really only drive the costs of wiring a facility higher and higher. There should be some competition in writing an electrical code. Requiring “Arc-Fault” breakers, and 2-pole common-trip circuit breakers to feed single branch circuits sharing a common neutral seem to me to be outrageous! Some will say it is a safety issue, but since more than 3 conductors usually appear in a conduit, I fail to see the need for expensive 2-pole common-trip breakers under these circumstances. Maybe Factory Mutual or the individual states should write their own codes, as it appears that the NFPA is interested in its monopoly of flexing its muscles and reaping big profits by selling code books, and all the hoopla that goes along with it.
All I can say is if you dont AGREE with the code…try to change it. The NFPA accepts proposals and changes to all existing code sections, parts or articles.
Competition is totally WRONG in putting forth a compulsary document like the NEC. I believe the NFPA CMP members are a bit more wiser than the majority of the people actually in the industry…so when they move to accept something I do what they say and if I dont agree I submit proposals for change…because I am part of the process.
Do you not understand how AFCI’s really work and the very important reason for 2-pole breakers in a common neutral circuit…these are VERY important safety items and I am amazed you would not see this…
So would you not promote smoke detectors??? How do they save any more potential lives than a properly installed AFCI in an ARC condition which you may not know about until it happens or when a neutral is overloaded because someone improperly installed in a panel…and it starts a fire and so on.
As for the NFPA selling books…well so does Tiger Woods, That lady that does harry potter and many other people…codes change on a 3 year cycle…I for one want want a new book at each cycle…heck they have been doing it “RIGHT” since the 1800’s…
I hardly think it is some profit reaping conspiracy…local municipals are free to modify as they choose…as in the end the NEC clearly says the AHJ has the ultimate say.
I just happen to NOT agree with any of your statements…just for the record.