Okay, let's break down this situation and the code requirements. You're arguing that because the ESS is designed to be essentially maintenance-free and returned to the manufacturer for repair, the normal working clearance requirements of 110.26(A) don't apply.Here's a detailed analysis

Understanding the Core Issue: 110.26(A) and 'Likely to Require'

The key phrase in 110.26(A) is "likely to require examination, adjustment, servicing, or maintenance while energized." This isn't a guarantee that maintenance will happen, but rather a consideration of whether it's reasonably foreseeable.

Arguments For and Against Reduced Clearance



Your Argument (Reduced Clearance)



"Set it and forget it" design

ESS is designed for minimal field intervention.

Manufacturer repair

Any significant issues require the unit to be returned, not repaired in the field.

Infrequent Monitoring

No periodic maintenance or regular work needed.

Arguments Against Reduced Clearance (Requiring 3ft)



Emergency Situations

What if there's a fault, fire, or other emergency requiring immediate access to disconnect the ESS? Someone will need to work near it while energized.

Troubleshooting

While major repairs go back to the manufacturer, basic troubleshooting (e.g., checking connections, voltage readings) might still be necessary in the field.

Future Requirements

The technology might change. Future upgrades or software updates could require field work.

AHJ Interpretation

The Authority Having Jurisdiction (AHJ) has the final say. They might not accept the "set it and forget it" argument, especially regarding safety.

Potential for Required Field Work

If manufacturer won't come and troubleshoot it, a local electrician will most likely be hired.

Factors the AHJ Will Consider



ESS Size and Voltage

Higher voltage ESSs will likely trigger stricter clearance requirements.

Accessibility

How easy is it to access the ESS for any reason, even for emergency disconnect?

Documentation

Does the manufacturer's documentation explicitly state that no field maintenance or troubleshooting is ever required while energized? This would strengthen your argument.

Disconnect Location

Where is the disconnect switch for the ESS located? Is it easily accessible and within the reduced clearance area?

Other Equipment Nearby

Are there other electrical panels or equipment in the walkway that could create a more hazardous situation if combined with the ESS?

Specific Concerns with a 3ft Walkway and 12-inch ESS

With a 3ft (36-inch) walkway and a 12-inch deep ESS, you're left with 24 inches of walkway space. 24 inches is insufficient for safe working clearance as defined in 110.26(A), particularly if there's any chance of energized work. Even walking by, someone could easily brush against it.

Likely Outcome

In most jurisdictions, the AHJ will

likely require the 3ft working clearance. They tend to err on the side of safety, and the potential for energized work, even if remote, is enough to trigger the requirement. You would have to present a very compelling case with strong documentation from the manufacturer to convince them otherwise.

Recommendations


Consult with the AHJ

This is the most important step. Present your case, explain the design, and ask for their interpretation. Get it in writing!2.

Manufacturer Documentation

Obtain a letter from the manufacturer stating specifically that no field maintenance, troubleshooting, or adjustments are ever required while the ESS is energized and that all repairs are performed at the factory. This letter needs to be convincing.3.

Alternative Solutions



Relocate the ESS

If possible, move it to a location where the 3ft clearance can be easily met.

Larger Walkway

If relocation is impossible, can the walkway be widened?

Consider an Enclosure

A properly rated enclosure around the ESS might be a solution, but it would need to be evaluated and approved by the AHJ. The enclosure would need to provide physical protection and potentially reduce the risk of energized contact.

Important Disclaimer: I am an AI and cannot provide legal or code interpretation. This information is for general guidance only. You must consult with a qualified electrical engineer and the AHJ to ensure compliance with all applicable codes and regulations. The AHJ's decision is final. Flag for review