The Authority Having Jurisdiction
A better understanding of “the power of the pen.”
Who are these people? Where do they come from? When do we have to listen to them? What control do they have over us? How is it that they can tell us what to do, and why?
The Authority Having Jurisdiction plays a very important part in our lives to the 5-W’s, who, what, when, where, how and why. Life safety is the most important rule for the (AHJ). In order for us to maintain life safety, we must understand it to enforce it. Without a shadow of dougt, there are the (AHJ) out there who don't have the slightest ideal what the (AHJ) means. Well, when I mentioned in my section on code interpretation, for those who do not understand it?
Why: Why do we have the (AHJ)? To make sure the installation is correct and safe, and meets all local codes of that municipality for the public. All electrical installations are not designed by an Electrical Engineer, so that means that there may not be a set of plans for the electrician to go by. He or she will have to depend on their own skills of the minimum code requirements of the National Electrical Code (NEC), or adopted state or local codes. This is where the (AHJ) comes into play.
Who: Who is in control? They are also known as Code Enforcement Officers, or Special Police. Now the title “Code Enforcement,” is the important one. It is intended that the (AHJ) interpret the rules and regulation; and approves all devices, materials, equipment and conductors. (Note: The (AHJ) shall approve, not the manufactures or the testing labs). The local jurisdictions does not have to accept any non-listed or labeled equipment OR, equipment not listed in the current code.
90-4. Enforcement: “This code is intended to be suitable for mandatory application by governmental bodies that exercise legal jurisdiction over electrical installations and for use by insured inspectors.” (See mandatory rules). “The authority having jurisdiction of enforcement of the code will have the responsibility for making interpretations of the rules, for deciding upon the approval of equipment and material, and for granting the special permission contemplated in a number of the rules.”
Where: Where does the code apply? While the code it primarily intended to apply to new construction, Section 90-4, 2nd paragraph permits the authority having jurisdiction to use their own judgment in applying the code to existing wiring in old locations. (When the authority having jurisdiction adopts a code, such as the NEC, they shall comply with it in its entirety). With any state, county or city government, legal laws must be adopted in order to enforce codes of any sort. So, when a code is adopted by the authority having jurisdiction, they shall comply with it or adopt a local ordinance and comply with that. Some states (like Georgia), have adopted the NEC for the most current code and it has become law unless a local county or city submits an amendment to the state for approval. See Department of Community Affairs. Where wiring exist in old installations, local code will govern over the installation. Some jurisdictions have Grandfather clauses for existing or old codes to allow wiring to remain, if the wiring is not tampered with.
What: What are the rules? All mandatory rules are characterized by the use of the word “Shall.” The word “may” is no longer recognized in the NEC. The new term is “Shall be permitted.” This phrase does not allow the (AHJ) to force you to do something that's not in the code, but may waive specific requirements in the code or permit alternate methods, where it is assured that equivalent objectives can be achieved by establishing and maintaining effective safety.
90-5. Mandatory Rules, Permissive Rules, and Explanatory Material.
(a) Mandatory Rules. Mandatory rules of this code are those that identify actions that are specifically required or prohibited and are characterized by the use of the terms shall or shall not.
(B) Permissive Rules. Permissive rules of this code are those that identify actions that are allowed but not required, are normally used to describe options or alternative methods, and are characterized by the use of the term shall be permitted or shall not be required.
(c) Explanatory Material. Explanatory material, such as reference to other standards, references to related sections of this code, or information related to code rules, is included in the form of fine print notes (FPN). Fine print notes are information only and are not enforceable as requirements of the code.
FPN: The format and language used in this code follow guidelines established by NFPA and published in the NEC style manual. Copies of this manual may be obtained from NFPA.
In discharging their responsibilities granted in section 90-4, the authority having jurisdiction should enforce the requirements of Section 110-3(B) to assure that equipment's are used as intended. (This statement shows that if the authority having jurisdiction do not enforce the manufacture requirements, they can become liable).
110-3(B) Installation and use. Listed and labeled equipment shall be used or installed in accordance with any instructions included in the listing and labeling. (Again, if the authority having jurisdiction allows installation of equipment not listed and labeled, they become liable). So, if you are the (AHJ), what would you do.......what would you do?
When. When does the code not apply? The code is intended as a design specification and proper application of the code dictates the use of nationally recognized product safety standards. Neither is this code an instruction manual for untrained persons. "This code is designed for minimum safety standards and not used to engineer an installation by the (AHJ), but can enforce approved engineering plans and specifications required by the engineer".
(c) Intention. The code is not intended as a design specification nor an instructional manual for untrained persons. Let the code decide.
Local Amendments
A survey of Georgia cities and counties was conducted by the Department of Community Affairs (DCA) to determine local government enforcement of building construction codes. The information obtained from the survey is presented to assist local government officials having responsibility for dealing with the local construction industry, and the general public who are benefited and protected by local codes programs.
PLEASE NOTE: Not all cities and counties responded to the survey. However, these non-responding cities and counties may also enforce some construction codes and/or issue permits.
The latest editions of the State Minimum Standard Construction Codes as adopted and amended by the Department are enumerated in Appendix A. A summary of the adoption dates for the previous code editions and amendments is listed in Appendix B.
An asterisk (*) after the code abbreviation indicates that the City or County has reported a local amendment(s) to that code. Georgia law requires that local code amendments must be properly filed with the Department in order to be enforced. For more information about any local amendments that have been filed with the Department, contact the DCA Codes Office.
For information about local jurisdiction policies and procedures, including permits, inspections and local ordinances, contact the proper local City or County listed in the directory.
This Directory is published in loose-leaf form with three-hole punch sheets. In the event there are any changes in the information, the page(s) that are changed may be replaced without republishing the entire directory. Any reprints or updates with the new replacement page(s) will be published and distributed.
The Uniform Code Act provides that local governments may, under certain conditions, adopt local amendments to the state minimum standard codes. Please note that DCA does not approve or disapprove any local amendment. The department provides a recommendation only. However, in order to enforce any local amendments, the local government must submit the proposed amendment to DCA for review (O.C.G.A. Section 8-2-25(c)).
There are several requirements local governments must meet in order to enact a local code amendment. These requirements are as follows;
The requirements in the proposed local amendment cannot be less stringent than the requirements in the state minimum standard code;
The local requirements must be based on local climatic, geologic, topographic, or public safety factors;
The legislative findings of the local governing body must identify the need for the more stringent requirements; and
The local government must submit the proposal amendment to DCA 60 days prior to the proposed adoption of such an amendment.
After submittal of the proposed local amendment, DCA has 60 days in which to forward its recommendations to the local government. DCA may respond in three ways:
recommend adoption of the amendment,
recommend the amendment not be adopted,
or have no comment on the proposal.
If DCA recommends against the adoption of the proposal amendment, the local governing must vote specifically to reject DCA's recommendation before the local amendment can be adopted and enforced. If DCA fails to respond within 60-day timeframe, the local government may adopt the proposed local amendment.
After adoption by the local governing authority, copies of local amendments must be filed with DCA.
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