Bounds of Discretion [RE-wrenches]

[Dana Orzel]

I have gone "over the head of the AHJ" to his boss and presented my case and
the next phone call was the AHJ wanting to know why I did not discuss the
issue at hand with him, he evidently got a talking to. 
We now have a very open range of communication and he is much more open to
early design discussions, and listens to my opinion during inspections. I
have also acknowledged him for the frustrating position he is in with all of
the do it your self home owners and wanna-be electricians, solar and other
wise. I have also acknowledged him for the scope of enforcement of the ever
changing NEC code and my appreciation for his efforts.
A little carrot and a little stick have made my life quite smooth with my
AHJ.

Dana Orzel
Great Solar Works, Inc.
"Responsible Systems For Responsible People"
dana at solarwork.com
970.626.5253 - H/O
970.209.4076 - C
970.626.4140 - F

-----Original Message-----
From: RE-wrenches at topica.com [mailto:RE-wrenches at topica.com] 
Sent: Sunday, February 04, 2007 5:04 AM
To: RE-wrenches at topica.com
Subject: Digest for RE-wrenches at topica.com, issue 2321

-- Topica Digest --
	
	Bounds of Discretion
	By markf at berkeleysolar.com

------------------------------------------------------------

Date: Sat, 3 Feb 2007 22:02:03 -0800
From: "Mark Frye" <markf at berkeleysolar.com>
Subject: Bounds of Discretion



I have alot of frustration when working with local building departments and
inspectors.

Mostly I try to go along to get along.

But I am losing patience with this.

I understand that the Code says the AHJ has the "...responsibility for
making interpretations of the rules."  However, there comes a point when the
AHJ goes too far.

What can I do when this happens?

Is anyone familiar with the formal method of contesting the interpretation
of an AHJ to the IEC?

What other recourse is available when the AHJ unreasonably oversteps the
bounds of their discretion?

My understanding is that in California, if the AHJ wants to disallow
something allowed by the Code, they have to submit it to the State Fire
Marshal for review prior to adopting it as a local code.  Does anyone know
about this?

Please let me know.

Thanks,

Mark Frye
Berkeley Solar Electric Systems





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