User: spencert, Location: California
Asked on: Saturday, May 31, 2025 at 12:23 am EDT
Answered on: Saturday, May 31, 2025 at 6:08 am EDT
Question: Hey guys,I'm an owner/builder with extensive electrical experience (father is retired industrial journeyman) in Southern California and I'm looking for feedback on the best way to handle a situation where I was failed on final due to GFCI receptacles not being installed even though dual function AFCI/GFCI breakers are present and were tested by the inspector to provide the required GFCI protection (they tripped). The inspector claims the "GFCI reset switch MUST be in the same room as the branch circuit protected" and that dual function AFCI/GFCI breakers don't meet the accessibility requirements. He referenced the definition for article 100 "readily accessible." I've appealed citing 422.6(B)1 that explicitly allows branch circuit overcurrent devices to provide the required GFCI protection and 240.24 that enforces that circuit breakers MUST be in a readily accessible location and my panels were previously inspected and approved by the AHJ therefore the breakers are readily accessible. The AHJ is still currently requiring installation of GFCI outlets in addition to the dual function AFCI/GFCI breakers installed the panels that have been proven to provide the required GFCI protection in the required locations. I should note that there are no published local amendments and the 2022 CEC has been adopted in its entirety.I guess my question is more of a how to handle the situation. How can they simply ignore 422.6(B)? I believe that the 2022 California Electric Code explicitly allows the GFCI protection to come from the breaker, and there is no requirement that the reset switch "be in the same room" as the branch circuit. I've appealed, but per municipal code, I have to pay for a NFPA review. Should I just bite the bullet and pay to swap out breakers and install GFCI outlets to make the AHJ happy even though that in my opinion the current installation is code compliant and superior to GFCI receptacles? How would they handle a 240V branch circuit without a GFCI receptacle? I don't understand the argument. Safety has been proven on the branch circuit.I understand the AHJ can "interpret" but this seems to be in black and white. Is there something I'm missing?Thanks for your feedback!
Okay, this is a frustrating situation, and it's unfortunately not uncommon to encounter differing interpretations of the NEC (or CEC in your case) with AHJs. Let's break down the issue and explore your options.
You're Absolutely Right on the Code
You are correct in your assessment. Based on your description:
422.6(B)(1) explicitly allows branch-circuit overcurrent devices to provide GFCI protection. This is the core of your argument. If the dual-function AFCI/GFCI breakers are providing the protection, the code explicitly permits it. 240.24 ensures that breakers are readily accessible. The code requires the panel to be readily accessible. So, the inspector's argument that the breakers aren't readily accessible doesn't hold water, especially since the panel location was already approved. There is no requirement in the CEC that the reset switch must be in the same room. This is a fabricated requirement by the inspector.
The Inspector's Argument (and Why It's Flawed)
The inspector is likely latching onto the definition of "Readily Accessible" in Article 100. It generally means "capable of being reached quickly for operation, renewal, or inspections without requiring those to whom ready access is requisite to climb over or remove obstacles or to resort to portable ladders, and so forth."Their flawed interpretation: They're misapplying the intent of "readily accessible." The panel must be readily accessible so that anyone needing to reset the breaker can reach it easily. It doesn't mean the reset button must be within the room protected. That's simply not a requirement. They're ignoring the allowance in 422.6(B)(1). They're essentially negating a specific allowance in the code by trying to twist a general definition.
How to Handle the Situation (Options)
Here's a breakdown of your options, from least to most aggressive:1.
Escalate within the AHJ
Speak to the Inspector's Supervisor
Have you spoken to the inspector's supervisor directly? Politely explain your understanding of the code, referencing 422.6(B)(1) and 240.
24. Show them the relevant sections in the CEC. A different supervisor might have a more reasonable interpretation.
Go Higher Up
If the supervisor is unhelpful, go to the Chief Building Official or the equivalent person in charge of the building department. Document everything – the inspector's name, date of inspection, specific code references, and your arguments.2.
Seek an Official Interpretation (But Be Careful)
Formal Request for Interpretation
Many AHJs have a formal process for requesting an official interpretation of the code. However, be prepared that if the AHJ's official position agrees with the inspector, you're stuck. But sometimes, going through this process forces them to carefully review the code.
NFPA Review
You mentioned you have to pay for an NFPA review. This is a valuable option. Document your situation extremely thoroughly, cite relevant code sections, and present your case clearly. The NFPA interpretation carries significant weight.3.
"Comply Under Protest"
Install the Receptacles, but Document Everything
Install the GFCI receptacles, but keep detailed records of your actions. Take photos of the installed receptacles, the AFCI/GFCI breakers, and keep copies of all your communications with the AHJ. This allows you to get your final inspection and move forward without conceding that you were wrong. Then...4.
Take Legal Action (Last Resort)
Consult with an Attorney
If the AHJ is completely unreasonable and you've exhausted all other options, consult with an attorney specializing in construction or code compliance. This is expensive and time-consuming, but it might be necessary to protect your rights.
Addressing Your Specific Questions
"How can they simply ignore 422.6(B)?" They shouldn't be able to. That's the problem. Inspectors are obligated to enforce the code, not rewrite it. "Safety has been proven on the branch circuit." Exactly! The GFCI breakers are providing the required safety. "How would they handle a 240V branch circuit without a GFCI receptacle?" This highlights the absurdity of the inspector's position. GFCI protection at the breaker is the standard way to protect 240V circuits.
Recommendation
Immediately try to speak to the inspector's supervisor. This is the easiest and fastest route to potentially resolve the issue.2. Prepare your detailed written documentation. This is crucial, regardless of the path you choose.3. Carefully consider the NFPA review. Weigh the cost against the likelihood of success. If you believe you have a strong case, it's worth pursuing.4. "Comply Under Protest" is a viable option. It gets you through the inspection while preserving your right to challenge the AHJ's interpretation later.
Important Considerations
Your Relationship with the AHJ
While you're in the right, avoid being confrontational. Be polite and professional, even when frustrated. You'll likely need to work with this AHJ again in the future.
Your Timeline: How urgent is the final inspection? Weigh the cost of delay against the cost of compliance.Good luck! This is a tough situation, but you have a solid understanding of the code, and you're in a good position to advocate for your project. Flag for review