90.4 Enforcement.

In Article 100, “Special Permission” is defined as “the written consent of the authority having jurisdiction”.
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In Article 100, “Special Permission” is defined as “the written consent of the authority having jurisdiction”.

Code Change Summary: The rules on NEC® enforcement have been put into a list.

Section 90.4 is a perfect example of a change in format to bring clarity without changing the intent of the code section.

Section 2.1.5.2 of the NEC® Style Manual requires first and second level subdivisions to have titles. Having a title to each subdivision really helps when there are multiple sentences and multiple paragraphs in a code section.

Imagine being an inspector enforcing the 2020 NEC® and trying to find the code language that permits the AHJ to use special permission and allow “alternative methods” to those mentioned in the NEC®. The first thought is to look through Article 90 for a section titled “Special Permission” but the only one having that title is 90.2(C) which mainly applies to installations outside the building or structure. Looking through several untitled paragraphs in 90.4 reveal another sentence about “Special Permission” containing the rule that inspectors most commonly use to allow alternative construction methods.

In the 2023 NEC®, the titles added in this code section at each first level subdivision will make code language much easier to find. Specific requirements on alternative methods and the use of special permission are now located in 90.4(C), rather than somewhere in the mix of several untitled paragraphs.

Below is a preview of the NEC®. See the actual NEC® text at NFPA.ORG for the complete code section. Once there, click on their link to free access to the 2023 NEC® edition of NFPA 70.

2020 Code Language:

90.4 Enforcement. 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 the Code is adopted. In such event, the authority having jurisdiction may permit the use of the products, constructions, or materials that comply with the most recent previous edition of this Code adopted by the jurisdiction.

2023 Code Language:

90.4 Enforcement.

N (A) Application. 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.

N (B) Interpretations. 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.

N (C) Specific Requirements and Alternative Methods. 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.

N (D) New Products, Constructions, or Materials. This Code may require new products, constructions, or materials that may not yet be available at the time the Code is adopted. In such event, the authority having jurisdiction may permit the use of the products, constructions, or materials that comply with the most recent previous edition of this Code adopted by the jurisdiction.

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90.4 Enforcement.

Below is a Real Question from our Electrical Continuing Education Courses for Electrical License Renewal:

Based on the 2023 NEC, which of the following is true pertaining to using an ALTERNATIVE METHOD that is not covered in the NEC?

A: Specific requirements on alternative methods and the use of special permission are now located in 90.4(C).
B: The alternative method must comply with a previous edition of the code.
C: Alternative methods are NOT permitted.
D: Section 90.4(C) does NOT address alternative methods.
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