Look on the Name Plate of the condenser unit to find1 the maximum overcurrent size; and 2 the minimum circuit conductor size. First lets segregate the terms Overcurrent and Overload. Overcurrent can have multiple causes such as Ground Fault, Short Circuit, and Overload. Overload means that the conductors of a circuit are carrying more current than they can safely carry. Customarily an overload is associated with a motor which is itself Overloaded in that it lacks the torque it takes to carry the mechanical load it is intended to turn.
The following is from the US National Electric Code (NEC) Article 100 Definitions. viz.
"Overcurrent. Any current in excess of the rated current of equipment or the ampacity of a conductor. It may result from overload, short circuit, or ground fault.
Informational Note: A current in excess of rating may be accommodated by certain equipment and conductors for a given set of conditions. Therefore, the rules for overcurrent protection are specific for particular situations.
Overload. Operation of equipment in excess of normal, full-load rating, or of a conductor in excess of rated ampacity that, when it persists for a sufficient length of time, would cause damage or dangerous overheating. A fault, such as a short circuit or ground fault, is not an overload."
The circuit Overcurrent Protective Device (OPD) is selected to open the circuit under any overcurrent condition. In the case of most circuit breakers the greater the overcurrent is the faster it will open. In Heating Ventilating and Air Conditioning (HVAC) service OPDs are often selected to provide protection of only fault conditions with a rating that is above the ampacity of the circuits conductors. The reason that is an accepted practice is that the load supplied is fitted with Overload protection. In the case of Overloads it is not critical were in the circuit the overload protection is located since the current is the same at all points in the circuit.
The circuit Overcurrent Protective Device and the minimum conductor size that are on the name plate label are wedded to each other. If you use this minimum conductor size then you may not use an OPD with a set point higher than that setting and that type. If the supply conductors are protected by a properly sized OPD and are larger than the minimum circuit size on the Name Plate it is possible; although admittedly unusual, that there is no Violation of the US National Electric Code in such a case.
The problem in this case is that the circuit conductors are reduced in size in the junction box for the one unit and at the disconnect load connections for the other unit. That could still be compliant because of the 10 foot tap rule.
From the US NEC section as stated.
"240.21 Location in Circuit. Overcurrent protection shall be provided in each ungrounded circuit conductor and shall be located at the point where the conductors receive their supply except as specified in 240.21(A) through (H). Conductors supplied under the provisions of 240.21(A) through (H) shall not supply another conductor except through an overcurrent protective device meeting the requirements of 240.4.
(B) Feeder Taps. Conductors shall be permitted to be tapped, without overcurrent protection at the tap, to a feeder as specified in 240.21(B)(1) through (B)(5). The provisions of 240.4(B) shall not be permitted for tap conductors. (1) Taps Not over 3 m (10 ft) Long. If the length of the tap conductors does not exceed 3 m (10 ft) and the tap conductors comply with all of the following:
(1) The ampacity of the tap conductors is a. Not less than the combined calculated loads on the circuits supplied by the tap conductors, and
b. Not less than the rating of the equipment containing an overcurrent device(s) supplied by the tap conductors or not less than the rating of the overcurrent protective device at the termination of the tap conductors.
Exception to b: Where listed equipment, such as a surge protective device(s) [SPD(s)], is provided with specific instructions on minimum conductor sizing, the ampacity of the tap conductors supplying that equipment shall be permitted to be determined based on the manufacturer’s instructions.
(2) The tap conductors do not extend beyond the switchboard, switchgear, panelboard, disconnecting means, or control devices they supply.
(3) Except at the point of connection to the feeder, the tap conductors are enclosed in a raceway, which extends from the tap to the enclosure of an enclosed switchboard, switchgear, a panelboard, or control devices, or to the back of an open switchboard.
(4) For field installations, if the tap conductors leave the enclosure or vault in which the tap is made, the ampacity of the tap conductors is not less than one-tenth of the rating of the overcurrent device protecting the feeder conductors. From what I can see in the photographs this installation may meet the requirements of this section of the US NEC."
All of that is to reinforce what some of the more experienced home inspectors here keep counseling. Don’t write anything that may be beyond your level of qualification in a report. I’ll leave wording suggestions to the home inspectors here. I’m a retired electrician.
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Tom Horne