[RE-wrenches] My AHJ insisting on "Flammable Vapor Ignition Resistant" 18-inch requirement

[Ray Walters]

I second Jason's sentiments.  We need to 'gently' but firmly push back 
on all these extra code requirements, otherwise we'll be so buried, we 
won't be able to stay in business.  We've been under attack from various 
factions since the 1980s, who have thrown unreasonable requirements at 
us.  Recall utilities requiring gold plated disconnects or million 
dollar liability policies to grid tie. Many folks are trying to 
politicize our industry, and we need to let everyone know that energy 
independence is very American. So is safe, affordable construction.

Ray Walters
Remote Solar

On 9/11/2025 4:17 AM, Jason Szumlanski via RE-wrenches wrote:
> ​I have had AHJs try to shoehorn solar panels into the mechanical code 
> before. I think your best bet is to argue the applicability of the 
> mechanical code entirely. Expressio unius est exclusio alterius / The 
> expression of one thing implies the exclusion of others. If the IRC 
> authors wanted M1307.3 to apply to ESS, they would have said so in R328.
>
> I would go with something like:
>
> This equipment is a UL 9540-listed energy storage system, specifically 
> tested to the UL 9540A standard. The applicable section of the IRC is 
> R328 (or 2023 IRC Section 327), not the mechanical code. Chapter 13 
> applies to mechanical appliances such as HVAC equipment or combustion 
> devices—not sealed electrical ESS. This product does not fall under 
> the scope of M1301.1 and is not subject to M1307.3.
>
> ​If they don't accept that, I would ask them to:
>
> Point to the section in M1301.1 that covers ESS. Explain why R328 
> doesn’t apply, despite being specifically titled “Energy Storage Systems.”
>
>
>
> ​On another subject, I have been involved in another AHJ battle 
> regarding protection against vehicular traffic, and I have a blog post 
> on the subject coming out soon. Fortunately, the next Florida Building 
> Code draft mirrors the IRC, which includes a clear schematic that 
> clarifies the requirements.
>
> ​Good luck, and don't let them win!
>
>
> Jason Szumlanski
> Principal Solar Designer | Florida Solar Design Group
> NABCEP Certified Solar Professional (PVIP)
> Florida State Certified Solar Contractor CVC56956
> Florida Certified Electrical Contractor EC13013208
>
>
> On Tue, Sep 9, 2025 at 3:46 PM scot.arey--- via RE-wrenches 
> <re-wrenches at lists.re-wrenches.org> wrote:
>
>     Seeking your suggestions and direction. My AHJ - after
>     acknowledging that the Enphase 5p battery has a floor mount option
>     - now insists that it must be 18-inches above the garage floor
>     unless I can produce something that says it is "Flammable Vapor
>     Ignition Resistant."
>
>     We all know there is no open flame from an ESS and I know the
>     9540A depicts a battery at 6-inches.
>
>     Anybody run into this and have suggestions on what I might show
>     back to the AHJ?
>
>     *Howard "Scot" Arey*
>     *Owner, Solar CenTex*
>
>     NABCEP PV Installation Professional
>     TECL 29755
>     254-300-1228
>
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