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Enforcement and Approvals: Building a solid foundation, part 2

By Michael Johnston | Dec 11, 2023
National Electrical Code (NEC) logo
Governing bodies have the authority to enforce the provisions of the National Electrical Code when it is adopted into law.

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Governing bodies have the authority to enforce the provisions of the National Electrical Code when it is adopted into law. Article 100 defines the authority having jurisdiction (AHJ) as a person or organization responsible for enforcing the Code and issuing approvals of installations and equipment covered by NEC rules.

The AHJ is also responsible for interpreting the requirements and granting special permission as provided in some rules. A good working relationship with the AHJ is essential. This requires effective communication about how rules are applied to any part of the installation. Being proactive is always the best approach when unsure of how an NEC requirement will be applied.

The AHJ is responsible for interpreting the requirements and granting special permission as provided in some rules. A good working relationship with the AHJ is essential.

Inspection authorities typically require electrical installations to be inspected and approved before being concealed by building finishes. This requirement can vary among jurisdictions, so the inspection and approval procedures required should always be verified.

Inspection jurisdictions often use product certification (listing) as a basis for issuing approvals. UL 467 is the standard for grounding and bonding equipment. Category KDER in the online UL Product iQ is a valuable resource for more information about listed grounding and bonding equipment.

Requirements, exceptions and more

To effectively apply the NEC requirements, the difference between mandatory requirements and permissive and informational provisions must be understood. A misunderstanding of how exceptions apply can lead to misapplication of mandatory rules. The mandatory requirements in the Code are characterized using “shall” or “shall not.”

This is a general requirement that must be followed. If there were no exceptions following this requirement, all connections to grounding electrodes would be required to be accessible. This is impractical, so it makes sense there are exceptions included.

Exceptions to the rules

Exceptions to requirements only modify the rule they immediately follow unless stated differently in the exception. That is, the exception may indicate it applies to more than the rule it follows. 

For example, Exception No. 1 after 250.68(A) relaxes the requirement for the accessibility of direct buried connections or those encased in concrete. Because these connections are unlikely to be disturbed or affected once concrete is poured, this is a practical exemption to the general requirement. For the exception to apply, however, the connection means must be suitable for these locations. The means of connection are required to be evaluated and listed by a qualified electrical testing laboratory.

There are also mandatory exceptions that use the terms shall or shall not. An example follows 230.95. This exception indicates that ground-fault protection of equipment shall not apply to a service disconnect for a continuous industrial process where a nonorderly shutdown introduces additional or increased hazards. In these cases, the Code recognizes a condition that introduces greater risks to persons or property.

Permissive Code language

Permissive provisions in the NEC are characterized using “shall be permitted” or “shall not be required.” Permissive rules are options or alternative methods of achieving equivalent safety; they are not requirements. A closer review of permissive terms is essential because permissive rules are often misinterpreted. The qualifying feature of permissive rules can involve the AHJ’s determination, as indicated in 90.4. The AHJ has the final approving authority and responsibility. When in doubt about a permissive requirement or provision, consult the AHJ.

Explanatory information

Explanatory material is provided as informational notes; these are advisory only and are not enforceable as requirements. Just as for exceptions to requirements, the NEC Style Manual requires informational notes be positioned immediately following the rule or exception to which they apply. Often, informational notes clarify the preceding requirement. Examples are references to other standards, related sections of the Code or information related to a rule.

Informational notes should not be confused with notes following tables, which are applicable requirements. A good example is found in the notes following Table 300.5, Table 1 in Chapter 9 and Table 250.122. Where brackets follow the text of an NEC rule, it means the information is extracted from another NFPA standard or code. The designation for the other material and section are provided within the brackets.

Part 3 of this series will review the importance of defined Code terms.

About The Author

A man, Mike Johnston, in front of a gray background.

Michael Johnston

NECA Executive Director of Codes and Standards (retired)

JOHNSTON, who retired as NECA’s executive director of codes and standards in 2023, is a former member and chair of NEC CMP-5 and immediate past chair of the NEC Correlating Committee. Johnston continues to serve on the NFPA Standards Council and the UL Electrical Council. Reach him at [email protected].

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