Originally Posted By: jpeck
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110.3(B) is a general requirement and, as you stated, applies to everything.
EVERYTHING must be installed and used in accordeance with its listing and labeling.
Thus, when the listing and labling is more, OR LESS, stringent that the other code sections, the listing and labeling takes precedence. The manufacturers installation instructions and requirements rule. That is why there are product liability lawsuits. Tha manufacturer stated "this would work" and, when it does not ...
The same thing applies with other codes.
Most other codes state that if there is a conflict between code sections "the most stringent shall apply", however, if there is a conflict between a specific requirement and a general requirement "the specific requirement shall apply". The specific requirement is the installation instructions and the listing and labeling. The general requirement is the code itself.
Hense, because the product has been through independent third party testing and has show it ability to perform in accordance with those tests, that becomes part of its listing and labeling, and installation instructions state how to install and use it in accordance with the way it was test, listed, and labeled.
I will repeat it for you.
"110.3(b) Installation and Use. Listed or labeled equipment shall be installed and used in accordance with any instructions included in the listing or labeling
Notice, if you will, the "SHALL BE INSTALLED AND USED", doesn't say "may be", it says "shall be".