Ecmweb 13207 Logonec 0
Ecmweb 13207 Logonec 0
Ecmweb 13207 Logonec 0
Ecmweb 13207 Logonec 0
Ecmweb 13207 Logonec 0

Tip of the Week: What can you learn from the NEC’s Annex H? — Part 7

April 10, 2017
Section 80.23 of the annex explains how contractors are notified of violations and penalties.

Section 80.23 provides the requirements for how you, as the contractor, are to be notified of violations and penalties. The idea is to give you some due process rights. An inspector can’t just tell you verbally, “I don’t like the way this raceway is run” and then go back to his office to crank out the penalty notices.

The authority having jurisdiction (AHJ) must provide a written notice of the violations [80.23(A)(1)]. If you’ve been cooperating with the AHJ, you will already have been informed verbally. And in that spirit of cooperation, you should already be working to remedy the situation. That makes the notice pro forma, and the paperwork will end up showing that you took corrective action to comply.

There are penalties, however, for failing to comply with the Code or violating any condition attached to a permit, approval, or certificate.

Abatement notices and compliance notices have time limits. You need to comply within that limit; if you don’t, then for each day a given violation continues after the limit, it’s a new and separate offense [80.23(B)(2). This gets to be expensive and can lead to legal repercussions such as a misdemeanor conviction [80.23(B)(3)].

An inspector might not understand that correcting a given violation will require more time. Or you might not realize this. As soon as you receive a notice, determine the time required to correct the deficiencies. If the notice doesn’t provide enough time, explain to the AHJ what the problems are and see what accommodation can be made.

For example, an AHJ may be very understanding and extend the compliance time while waiving the penalty. This probably isn’t going to be a freebie; the AHJ may leave other stipulations in place. For example, the original notice requires you to cease operations because of the hazards involved, so the accommodation will still require that. You’re just getting the penalties removed because of the circumstances.

Of course, if you’ve been difficult and shown an uncooperative attitude, an AHJ is not going to waive the penalties regardless of the circumstances.

An electrical inspector in Massachusetts had given a verbal notice to a builder about the lack of a ground wire being pulled with the other circuit conductors in the raceway. The inspector said he’d come back in a week and if everything was fine, he would not even write a notice. He came back, and sure enough there were green wires in the raceways he checked.

He pulled on one wire and it came out; it was only about four inches long inside the raceway. Same thing, several times. Do you think this contractor got any leeway from this inspector? An extreme case, but it shows the kind of attitude that you don’t want to take.

You do have due process protections, but they aren’t there to give you more time to ignore the requirements. They are there to give you time to comply with the requirements.

About the Author

Mark Lamendola

Mark is an expert in maintenance management, having racked up an impressive track record during his time working in the field. He also has extensive knowledge of, and practical expertise with, the National Electrical Code (NEC). Through his consulting business, he provides articles and training materials on electrical topics, specializing in making difficult subjects easy to understand and focusing on the practical aspects of electrical work.

Prior to starting his own business, Mark served as the Technical Editor on EC&M for six years, worked three years in nuclear maintenance, six years as a contract project engineer/project manager, three years as a systems engineer, and three years in plant maintenance management.

Mark earned an AAS degree from Rock Valley College, a BSEET from Columbia Pacific University, and an MBA from Lake Erie College. He’s also completed several related certifications over the years and even was formerly licensed as a Master Electrician. He is a Senior Member of the IEEE and past Chairman of the Kansas City Chapters of both the IEEE and the IEEE Computer Society. Mark also served as the program director for, a board member of, and webmaster of, the Midwest Chapter of the 7x24 Exchange. He has also held memberships with the following organizations: NETA, NFPA, International Association of Webmasters, and Institute of Certified Professional Managers.

Voice your opinion!

To join the conversation, and become an exclusive member of EC&M, create an account today!

Sponsored Recommendations

Electrical Conduit Comparison Chart

CHAMPION FIBERGLASS electrical conduit is a lightweight, durable option that provides lasting savings when compared to other materials. Compare electrical conduit types including...

Don't Let Burn-Through Threaten Another Data Center or Utility Project

Get the No Burn-Through Elbow eGuide to learn many reasons why Champion Fiberglass elbows will enhance your data center and utility projects today.

Considerations for Direct Burial Conduit

Installation type plays a key role in the type of conduit selected for electrical systems in industrial construction projects. Above ground, below ground, direct buried, encased...

How to Calculate Labor Costs

Most important to accurately estimating labor costs is knowing the approximate hours required for project completion. Learn how to calculate electrical labor cost.