• Welcome to the new and improved Building Code Forum. We appreciate you being here and hope that you are getting the information that you need concerning all codes of the building trades. This is a free forum to the public due to the generosity of the Sawhorses, Corporate Supporters and Supporters who have upgraded their accounts. If you would like to have improved access to the forum please upgrade to Sawhorse by first logging in then clicking here: Upgrades

UL Listed

=

jwelectric,

Welcome to The Building Codes Forum! :cool:

From the `08 NEC, Article 90.4:


This Code is intended to be suitable for mandatory application

by governmental bodies that exercise legal jurisdiction over

electrical installations, including signaling and communications

systems, and for use by insurance inspectors.....The authority

having jurisdiction for enforcement of the Code has the

responsibility for making interpretations of the rules, for

deciding on the approval of equipment and materials, and

for granting the special permission contemplated in a number

of the rules......By special permission, the authority having

jurisdiction may waive specific requirements in this Code

or permit alternative methods where it is assured that

equivalent objectives can be achieved by establishing and

maintaining effective safety........This Code may require

new products, constructions, or materials that may not

yet be available at the time of the Code is adopted.....In

such event, the authority having jurisdiction may

permit the use of products, constructions, or materials

that comply with the most recent previous edition of

this Code.

=

 
Last edited by a moderator:
There is a difference between interpretations of rules vs imposing new rules. The building official has considerable lattitude in making interpretations but there is a line that one should not cross.

The approval of equipment and materials is in the context of the adopted regulations. Here again it is not appropriate to impose new criteria.

The AHJ has the authority to relax criteria but not to impose additional criteria.

These constraints on the AHJ are a reflection of more basis constraints on the AHJ imposed by the Laws governing the adoption and enforcement of regulations. They all flow from the fact that the building official and inspectior cannot modify the adopted regulations. All regulations must be adopted by a governmental body such as the the city council, or state commission that was given the authority by the state. These requirements flow from the requirements of due process that exist in the US Constitution.
 
north star said:
=jwelectric,

Welcome to The Building Codes Forum! :cool:

From the `08 NEC, Article 90.4:


This Code is intended to be suitable for mandatory application

by governmental bodies that exercise legal jurisdiction over

electrical installations, including signaling and communications

systems, and for use by insurance inspectors.....The authority

having jurisdiction for enforcement of the Code has the

responsibility for making interpretations of the rules, for

deciding on the approval of equipment and materials, and

for granting the special permission contemplated in a number

of the rules......By special permission, the authority having

jurisdiction may waive specific requirements in this Code

or permit alternative methods where it is assured that

equivalent objectives can be achieved by establishing and

maintaining effective safety........This Code may require

new products, constructions, or materials that may not

yet be available at the time of the Code is adopted.....In

such event, the authority having jurisdiction may

permit the use of products, constructions, or materials

that comply with the most recent previous edition of

this Code.

=

Good point so let's see what the definition is;

Authority Having Jurisdiction (AHJ). An organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure.

FPN: The phrase “authority having jurisdiction,” or its acronym AHJ, is used in NFPA documents in a broad manner, since jurisdictions and approval agencies vary, as do their responsibilities. Where public safety is primary, the authority having jurisdiction may be a federal, state, local, or other regional department or individual such as a fire chief; fire marshal; chief of a fire prevention bureau, labor department, or health department; building official; electrical inspector; or others having statutory authority. For insurance purposes, an insurance inspection department, rating bureau, or other insurance company representative may be the authority having jurisdiction. In many circumstances, the property owner or his or her designated agent assumes the role of the authority having jurisdiction; at government installations, the commanding officer or departmental official may be the authority having jurisdiction.

So I suppose that I am the AHJ at my house when the wife lets me be :D
 
Last edited by a moderator:
Top