Moving service equipment required?

[chris mc]

Codeman,

I was in a house today that is getting extensive remodeling where the homeowner is acting as his own contractor. They are installing a new main panel in the exact spot the old panel was. There are several new and many upgraded circuits.

Problem is the old panel is in the stairway that leads to the cellar, it can't be flipped around because it would be in the kitchen.

Question is can this panel be grandfathered in? If not where is the code that disallows this.

PS: Homeowner is moving forward saying his electrician says it is grandfathered.

[Jerry Peck - Codeman]

(bold and underlining are mine)
From the ICC Existing Building Code:
- SECTION 403
- - ALTERATION—LEVEL 1
- - - 403.1 Scope. Level 1 alterations include the removal and replacement or the covering of existing materials, elements, equipment, or fixtures using new materials, elements, equipment, or fixtures that serve the same purpose.
- - - 403.2 Application. Level 1 alterations shall comply with the provisions of Chapter 6.

Replacing the electrical panel would be a Level 1 Alteration.

First there is this in Chapter 6 of the Existing Building Code:
- SECTION 601
- - GENERAL
- - - 601.1 Scope. Level 1 alterations as described in Section 403 shall comply with the requirements of this chapter. Level 1 alterations to historic buildings shall comply with this chapter, except as modified in Chapter 11.
- - - 601.2 Conformance. An existing building or portion thereof shall not be altered such that the building becomes less safe than its existing condition.
- - - - Exception: Where the current level of safety or sanitation is proposed to be reduced, the portion altered shall conform to the requirements of the International Building Code.

601.2 seems to say that the panel 'may' be left as long as the new panel does not cause the building to "becomes less safe than its existing condition", however, that is not the last section which needs to be looked at as 403.2 says it "shall comply with the provisions of Chapter 6", not that it just has to comply with 601.2.

Thus we also need to go here:
- 602.3 Materials and methods. All new work shall comply with materials and methods requirements in the ICC Electrical Code, International Building Code, International Energy Conservation Code, International Mechanical Code, and International Plumbing Code, as applicable, that specify material standards, detail of installation and connection, joints, penetrations, and continuity of any element, component, or system in the building.

(Note that the ICC did away with the ICC Electrical Code and uses the NEC in its place.)

Now the AHJ should consider the "new panel" as "new work", in which case the "new work shall" comply with the NEC, which does not allow that panel to be installed at that stairway because the stairway does not provide the require level working space in front of the panel.

If the breakers were being replaced, yeah, okay, the existing panel could remain there, or even if the interior was being replaced, yeah, okay, the existing panel could remain there -of course, though, that would create additional problems of trying to find an interior which is listed to be used in that enclosure (probably would never happen).

Okay, so the "new work" must comply with the NEC, so what does the NEC say about "new work"? Instead of using the term "new work" the NEC simply states "the installation of", i.e., "new work" as this is referring new an installation during its installation. How can a new panel be installed without going through the process of "the installation of" the new panel?
- 90.2 Scope.
- - (A) Covered. This Code covers the installation of electrical conductors, equipment, and raceways; signaling and communications conductors, equipment, and raceways; and optical fiber cables and raceways for the following:
- - - (1) Public and private premises, including buildings, structures, mobile homes, recreational vehicles, and floating buildings
- - - (2) Yards, lots, parking lots, carnivals, and industrial substations
- - - (3) Installations of conductors and equipment that connect to the supply of electricity
- - - (4) Installations used by the electric utility, such as office buildings, warehouses, garages, machine shops, and recreational buildings, that are not an integral part of a generating plant, substation, or control center.
- - (B) Not Covered. This Code does not cover the following:
- - - (1) Installations in ships, watercraft other than floating buildings, railway rolling stock, aircraft, or automotive vehicles other than mobile homes and recreational vehicles
- - - - FPN: Although the scope of this Code indicates that the Code does not cover installations in ships, portions of this Code are incorporated by reference into Title 46, Code of Federal Regulations, Parts 110–113.
- - - (2) Installations underground in mines and self-propelled mobile surface mining machinery and its attendant electrical trailing cable
- - - (3) Installations of railways for generation, transformation, transmission, or distribution of power used exclusively for operation of rolling stock or installations used exclusively for signaling and communications purposes
- - - (4) Installations of communications equipment under the exclusive control of communications utilities located outdoors or in building spaces used exclusively for such installations
- - - (5) Installations under the exclusive control of an electric utility where such installations
- - - - a. Consist of service drops or service laterals, and associated metering, or
- - - - b. Are located in legally established easements or rights-of-way designated by or recognized by public service commissions, utility commissions, or other regulatory agencies having jurisdiction for such installations, or
- - - - c. Are on property owned or leased by the electric utility for the purpose of communications, metering, generation, control, transformation, transmission, or distribution of electric energy.
- - - - FPN to (4) and (5): Examples of utilities may include those entities that are typically designated or recognized by governmental law or regulation by public service/utility commissions and that install, operate, and maintain electric supply (such as generation, transmission, or distribution systems) or communication systems (such as telephone, CATV, Internet, satellite, or data services). Utilities may be subject to compliance with codes and standards covering their regulated activities as adopted under governmental law or regulation. Additional information can be found through consultation with the appropriate governmental bodies, such as state regulatory commissions, the Federal Energy Regulatory Commission, and the Federal Communications Commission.
- - (C) Special Permission. The authority having jurisdiction for enforcing this Code may grant exception for the installation of conductors and equipment that are not under the exclusive control of the electric utilities and are used to connect the electric utility supply system to the service-entrance conductors of the premises served, provided such installations are outside a building or terminate immediately inside a building wall.

[chris mc]

Thanks Jerry! I knew it was wrong but could not find it. I did not want to question the EC without the code to back it up. The homeowner is concerned about the AHJ, but when the (very young) electrician said it was OK he felt he had to let it go.

Thanks again for the invaluable service that you provide.