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Reducing codes in Florida

jar546

CBO
Joined
Oct 16, 2009
Messages
12,748
Location
Not where I really want to be
Is there a legal way for a municipality or code enforcement agency to remove or refuse to enforce parts of the NEC adopted at the state level?

I know that some can get approval to make it more restrictive, but what about making it less restrictive such as not requiring GFCI for garage door opener receptacles or for dedicated receptacles under the 2008 NE?
 
It seems to me that a code enforcement agency is charged with enforcing whatever code(s) are adopted by the municipality it represents. For the agency to decide to change or not enforce a section of an adopted code would pose a legal and ethical mess.

I don't know Florida law. Does the State adopt the codes and then the Municipalities must adopt and enforce the "State" code? If so then it would seem that the code could not be altered. If each city can choose to adopt or not then maybe it could leave out portions. This is an interesting idea that is best left to lawyers to figure out.
 
When I worked in Fl in 89 to 97. The state adopted the codes and all county and municipalities where required to adopt the same. Local AHJ could amend them to make them more restrictive but not less. Example the county I worked in had 2 different wind zones. We modified that portion and required the highest wind zone throughout the entire county. We where not permitted to use the lower wind zone for the entire county. Do AHJ's "ignore" certain code sections? I would say yes. Both intentionally and un-intentionally. How many require locking caps on AC refrigerant lines for example?
 
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