Can someone tell me,
Your addition requires the electrical to be in compliance with the currently enforced edition of the NEC with any local amendments. In most jurisdictions, simply replacing an outlet or switch does not require upgrades. With that said, I wouldn't be surprised if some people simply change the outlets after the final inspection.
A business can sale anything, legally that can be sold.
As far as use, that is another story.
Like plastic gasoline tanks, some cities do not allow thier use, but they are still sold within that city.
OHHH I am not an engineer, so you can discount my reply if you want, and I cannot do math.
I think that tamper resistant electrical outlets would encourage the use of wall multi-plug adapters. You can purchase at your local hardware store for as little as $6.
I also wanted to add the requirement by the inspector may have discriminated your right to accessibility to buildings and facilities by individuals with disabilities under the Americans with Disabilities Act (ADA) to operate the electrical plug outlet by the residents in your home. ADA is federal law that has supremacy over any state or local building codes and regulations.
Excerpt from the Americans with Disabilities Act (ADA) Accessibility Guidelines for Buildings and Facilities:
4.27.4 Operation. Controls and operating mechanisms shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate controls shall be no greater than 5 lbf.
In addition, the 2010 ADA Standards for Accessible Design Section 309.4 Operation. Operable parts shall be operable with one hand and shall not require tight grasping, pinching, or twisting of the wrist. The force required to activate operable parts shall be 5 pounds (22.2 N) maximum. The only exception is electrical or communication receptacles serving a dedicated use shall not be required to comply with 309.
Article that supports this requirement:
accessibility - Do Tamper resistant receptacles violate ADA barrier-free requirements? - Home Improvement Stack Exchange
I agree as well...tell the inspector that you will report this to the doj...most code departments done want the doj coming in!
Doj ? Dept of Justice??
That is a new one
Not sure if doj knows what a building code is and after they get done laughing will say more than likely,,,
Not their problem and jurisdiction
I've seen the Department of Justice shut down in the entire University football stadium over failing ada... my state follows Department of Justice guidelines for Ada as far as the building code goes!
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Fair enough building code pundits.
This is what the Department of Justice knows about the building codes. Chapter 1 - United States Access Board
The ANSI A117.1 standard is referenced by the International Building Code and various state codes, among others. While ADAAG requirements derive in large part from an earlier version of the ANSI standard, there are considerable differences between them.
About the ADA Standards. ... The Access Board is responsible for developing and updating design guidelines known as the ADA Accessibility Guidelines (ADAAG). These guidelines are used by the Department of Justice (DOJ) and the Department of Transportation (DOT) in setting enforceable standards that the public must follow.
So why would an electrical inspection not see a conflict with the IBC?
It appears to me according the provisions of Section 1102.1 and 102.4 of the IBC would apply when if conflicts with NFPA 70, NEC referenced in 2701.1.
The big box stores still sell these receptacles because they are still listed devices, and it is up to the installer to verify that what materials being installed are code compliant.
The issue of the post is clear that a resident with a disability may not be able to use the non-dedicated electrical receptacle with a tamper resistant feature. The electrical codes "control and demand" language is not the argument. It is which law takes precedence federal law or state/local law. It appears to me the homeowners have the legal right by the federal law to have the non-dedicated electrical receptacles usable for the disabled. Are there any listed tamper resistant electrical receptacle that meet the ADA operable parts requirements?
The general fact that any store, but particularly those big-box stores that cater to Do-It-Yourselfer's, sell products that do not meet code is a constant problem for consumers and code officials. This issue is not limited to electrical, we see issues with improper installation of smoke alarms as nothing explains code requirements or State law at the point of purchase. I know our Code office constantly has issues with "illegal" trap installations as people go the local Big-Box and buy the cheapest set of components to fix their issue.
It would be great if Lowes and Home Depot would post local code compliance information in the areas of their products so consumers could purchase with better knowledge.
People are fairly ignorant about the local regulations when they purchase at any home improvement center
Maybe a signs in the center and printed on the receipt the website or facebook address to access local building regulations.
Electrical devices, appliances and plumbing must installed in accordance with buildingdept.com requirements. Our staff cannot advise you of the proper local code installation requirements.
If the violations are a major issue, maybe the AHJ can provide some lunch break training to the employees at home improvement centers.
I like the idea of educating the Home Depot staff and other stores locally. I think I'll propose that as a follow up to this week's Fire Prevention program. I think it may be harder to convince corporate big box stores to put up signs that could harm the sales of some of their products, but at least making sure their staff is giving accurate and responsible advice would be a start. Plus, from there the employees may have some ideas how to improve this "issue". Typically the annual Fire Prevention Campaign targets a younger audience, but the people who are responsible for maintaining those lessons at home and throughout life seem to lose important pieces as time goes by.
There seems to be a perception in this chain that non-TR receptacles do not meet code. I am not a code expert yet am aware that there are exceptions that allow installation of non-TR devices even in new construction:
While that does limit their applicability, these exceptions and replacement purposes are reasons that they are still available for purchase.
I empathize with the desire for non-TR in this case, yet realize that inspectors are not charged with determining when exceptions make sense - they are charged with assuring that the installation meets the requirements for the current and any future owners. Putting any legal or insurance worries aside for a moment, one caveat I would highlight on a homeowner swapping the units after inspection would be the highly probable need to swap them back in order to pass a home inspection when selling the dwelling.
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