~

(1.!,

MECKLENBURG COUNTYEngineering & Building Standards Department

January 21,2000

Dear Customer:

The Listing and Labeling (L&L) of "electrical materials, devices, appliances and equipment" is arequirement which often leads to problems on commercial projects at the Certificate of Occupancy (CO)stage. L&L requirements are old, GS66-23 through 66-27A date to over 65 years. With the influx of newbusinesses in North Carolina, customers are often unfamiliar with the requirements, even though they areidentical to OSHA requirements. It is not unusual for one to hear cries of lack of consistency across thestate, with some authorities enforcing the requirement and others not, even though enforcement of L&Lclearly is a requirement of the North Carolina General Statutes.

Over the last 3 years, the Department has invested a tremendous amount of effort in the L&L issue.Specifically, in 1997 we researched the General Statutes governing L&L extensively. We polled NClicensed engineers on their opinion of the law and our enforcement procedures. Our responsibilities wereconfirmed with the Department ofInsurance. We pursued the most appropriate enforcement strategy togain compliance with a minimum amount of inconvenience to customers.

Along the way, we developed some new tools to use on L&L issues, including:. adoption of a more proactive stance on notification, including project preliminary stages.. discussion of L&L requirements with hundreds of local engineers.. specific customer notification procedures when non-compliance is observed. CO options when equipment is not critical to life safety or business production.

These efforts are summarized in our 5/1/97 (rev 9/8/97) Listing & Labeling Final Report/DepartmentPolicv. A copy follows for your reference. Over the last two years, this report has been made available tothe community through trade associations, professionals and the Charlotte Chamber. We are very pleasedto post this policy on our website, making it readily available to our customers, thus allowing them, andtheir professional team, to address this issue early in a project schedule.

We believe a heightened awareness ofL&L requirements, combined with our focus on consistency, hasdecreased problems related to L&L issues. Customers who wish to dispute the NC L&L requirementitself, should contact the Department ofInsurance (919-733-3901) or their local NC representative.

If you require clarification regarding L&L requirements in North Carolina and the Department's relatedenforcement policy, feel free to contact Electrical Core Process Manager Gerald Harvell (336-3523 ElectricalAssistant Core Process Manager Paul Reed (336-3521) or myself(336-3827).

~:~(~-~.BartlDirector of Code Enforcement

L

PEOPLE. PRIDE. PROGRESS700 North Tryon Street. Charlotte, North Carolina 28202 . (704)336-2831 . Fax (704)336-3846

~

LISTING & LABELINGFINAL REPORTIDEPARTMENT POLICYMAY 1, 1997, REVISED SEPTEMBER 8, 1997

Reference G.S. 66-23 through G.S. 66-27A (attached)

Part I: The Law

1 ?.

The statute begins and is entitled "Sale of electrical goods regulated". It talks about selling oroffering for sale, electrical goods, devices, etc. Identification markings giving voltage, wattage,ratings, makers name, etc. are required. The statute goes on (G.S. 66-25) to provide for testing tonationally recognized standards by "qualified testing laboratories". The Commissioner ofInsurance is empowered to implement procedures to approve national standards and toapprove qualified testing labs. The Engineering Division of the Department of Insurance isresponsible to keep on file copies of approved national standards and resumes of approved testinglabs. G.S.66-26 states that nothing in this article shall relieve or lessen the responsibility of theparty owning, operating, controlling, or installing any electrical equipment, materials, devices,etc. and the Commissioner of Insurance (or his agents) shall not be held as assuming any suchliability. Violation ofthis statute is a misdemeanor offense. The Commissioner of Insurance or theelectrical inspector (G.S. 66-27A) may initiate any appropriate action or procedure to prevent,correct, or restrain violation of this section. The statute concludes with the provision that theCommissioner of Insurance, upon presentation of proper credentials may without advancenotice enter into any premise in the State where there is reason to suspect that such goods arebeing offered for sale.

2..L-WhatDoe~Th(LLaw Mean?

It does appear that the primary intentof the statute as it is written is to make sure equipment is in factlisted and labeled. It attempts to do this through regulating the sale, providing for approval ofstandards and qualified testing labs and finally through empowering the Commissioner of Insuranceto enter into premises suspected of selling unlisted goods.

See the attached letter (attachment #1) from Lee Hauser, P.E., Senior Deputy Commissioner,from the N.C. Department of Insurance reinforcing their position that the local electricalinspector is responsible for enforcing the existing state laws regarding listing and labeling.

3. What Does The En~ineerin~ Community Say About The Law?

In researching this matter, the following local design professionals were contacted to discuss L&Land our current approach to enforcement of the statutes.

1. Keith Pehl, Optima Eng.

.\ '

. '.'p-2

2. Kim Reiterer, Little & Assoc.3. Steve Haas, Hass & Kennedy4. Ken Armstrong5. Stephen Hocsak6. James Walls

Engineers Comments From These Discussions Were As Follows:

. "Larger jurisdictions seem to be more sophisticated and more aware ofL&L and enforce itmore rigidly.""L&L is needed and is a requirement of state law.""Diagnostic equipment, medical equipment, foreign made equipment and assemblies ofcomponents pose special problems for L&L requirements."."Mainly a liability issue.""Admires our stand on L&L but feels inspectors sometimes go too far with it.""In working around the country, says we are about in the middle in tenns of our enforcementofL&L."

"On jobs designed, if observes or is made aware of unlisted equipment, writes owneradvising of responsibility to comply with L&L as this is required by the EngineeringLicensing Board. When my company has the construction administration, also reviews shopdrawings and checks this way for adherenceto specifications. Also reviews and checks payorders for compliance with specifications and will even withhold funds to make sure suchdeviations are addressed."

.

.

..

.

.

4. How Chan~eable Is The Law?

Per Richard Ducker, UNC Institute of Government:

The statute (G.S. 66-23 etc.) was amended in 1989. This amendment changed some wordingregarding sale, offering for sale etc. and also provided for testing labs other than "UL".

Statutes and the section of the NEC are a bit ambiguous in their wording regarding this subject.What the statute really regulates is the "sale" of electrical goods and equipment. The inspector ismentioned and does have some authority. Due to the poor wording of the statute and the NEC, it

do~s open the door to variations and even inconsistency of interpretation and enforcement. If anamendmentto the General Statutes were proposed, suggests that one approach could be to simplyremove the "electrical inspector" from G.S. 66-26 and G.S. 66-27A. Doing this would stillleave the Commissioner as responsible for enforcement through other means. This minorchange could make it clear that it is not intended or appropriate to attempt to enforce thestatute through the permitting and inspection process. He mentioned the annual fire safetyinspections and also enforcement through OSHA.

L.

UPDA TE: As staff considered this opinion, it was the consensus of the group that a change to state

.' ,.

.'. . .

p-3

law as described above would not be appropriate nor would it solve the problems which exist withthe laws which require third party listing and labieling of equipment and components.

Mr. Ducker also predicted that if one were to attempt to change the existing statute (G.S. 66-23 etc.)it ",,:ouldlikely draw opposition from the testing lab folks who have now positioned themselves asthe providers of the L&L services. Others such as electrical inspectors and/or DOl might also opposea change.

(See copy of the law attached as next page, attachment #2)

.

p-4

Part II: Who's Responsible For Enforcement?

1. Existin~ Enforc_ement

To date, our approach has been to place our emphasis for enforcement at the end of the process byrelying on the electrical inspector to detect unlisted/labeled equipment and to have it brought intocompliance at that time. While we have had some success in obtaining compliance with the statutes,the timing (end of the job) continues to create frustrations both for the customer and for theinspector.

2. An Alternate Enforcement Strategy

Our approach should be twofold: 1) to make the owner's design team aware of the L & L

requir~ment , and 2) focus the responsibility for compliance on the owner as indicated in G.S. 66-26.

We should increase emphasison the legal requirements for L&L in the preliminary and regular planreview process and to clearly denote on the plans that all equipment must be L&L. In this way,through the design specifications and the bid process, the designer and the contractor will be onnotice that L&L applies. Through contract administration, review of shop drawings, requests forpayment, and field observations (ours and theirs), the designers' responsibility to enforce his owndesign specifications and to see that approved plans are followed will be reinforced. Under thisapproach the department will notify the designer of observed deviations from specifications(installation of unlisted equipment) at the conclusion of his inspection. In the case of equipmentinstalled in an existing building where there may not be plans & specifications submitted for ourreview, the inspector would infonn both the contractor and the owner/plant manager of unlistedequipment and the statutory requirement for L&L.

Rather than leaving the problem until the end of the project, the department should:-remind the project engineer at preliminary and final review ofL & L requirements, and-notify the Professional Engineer of non-compliant field conditions, and thereby use thenonnal punchlist process to effect enforcement.

If compliance problems still remain when all other electricalwork is complete, the department needsadditional tools to allow use ofa facility (in some cases) while clearly placing the responsibility forL & L on the owner.

In following this new approach, the inspectors' role shifts from being the ultimate enforcer to oneof reporting observed noncompliance with state law and design specifications. G.S. 66-27Aauthorizes the Commissioner of Insurance or the electrical inspector "to initiate any necessaryprocedure" appropriate to prevent, restrain or correct violation ofthis requirement. The abovedescribed approach is a new procedure and approach and one which rightly places and reinforces theowners responsibility to comply with L&L.

~

, '.

~ ,-

p-5

Part III. Summary Of Revised Enforcement ProcedureAs 'discussed in Part n, the Department has previously pursued a singular strategy of inspectorenforcement at project conclusion, The following outlines action steps in a four point strategy, 1)preliminary review, 2) final plan review, 3) inspector citation, 4) and end ofproject non-compliance.This multi-pronged approach will more effectively address the problem-of assuring that equipmentis listed and labeled. -

I,1) Preliminary review

. include listing and labeling as a problem area in the upcoming engineerspreliminary reviewpresentation (electrical, mechanical, plumbing)

. emphasize engineers' responsibility in assuring installations comply with L&L

. suggest engineers.....-should start with incorporation of L&L in spec's-make a point of it in pre-bid conference-check it in field observations

-include in your punch lists-advise the owner of his own obligation to comply

. all preliminary plan review meetings with architects and engineers will emphasize this

. advise that we will continue to offer the Electrical Divisions support and service in achievingcompliance with L&L (typically through the Chief Electrical Inspector) on unusualsituations, IE. recently constructed aquarium in hospital lobby, conveyor system assembledfor use at quarry, etc.

2}Plan Review

. have a stamp m~de which says "all shop manufactured equipment or assemblies withelectrical components must be listedand labeled as required by N.C. G.S.66-23thru 66-27A"

. send a memo to electrical,mechanical, and plumbing engineers saying "your plans have beenapproved with note requiring listing and labeling on all equipment or assembled installations.Please take necessary steps to effect compliance".

~3) Inspector Citation

. Inspector advises journeyman on rough ofListinglLabeling requirement~I

I

. If a non-compliant installation is observed:

, .

.., ,

p-6

.

.

.

.

.

r

Inspector sites specific item(s) and advises contractor and

Advises plan review via MDT message through trade clerk. Message includes pennitnumber, address and description ofL & L problem.

Plan review sends memo to project engineer saying"non compliant on L & L, please takenecessay steps to have corrected."

Copy of memo also goes to owner and to document control for file.

Memo to include the list of labeling finns and point out that this work can take ITom3 to30 days depending on the vendor; close the memo by urging them not to let it go to the end.

4) End of Project Non-Compliance

.

Qmio_D1:

QJiliQn2~

.QJltion_3:

If non-compliant L & L condition still existswhen all other electrical work is approved, thecustomer is offered 3 options:

(from this point forward. the issue is handled by the Electrical Chief or Assistant Chief)

Complete project comply with L & L requirements and obtainpermanent C/O

TCO with 90 day time limit

extension at CPM's discretion

Conditional Certificate of Occupancy

a) building is substantially complete and may be used for its intended purpose without useof equipment in question

b) non-compliant items/equipment may not jeopardize buildings' life safety systems orcomponents

c) equipment in question isflagged or otherwisemarked to visually indicate to non qualifiedpersonnel that it is not to be utilized (ie: roped off or encircled with yellow tape)

d) equipment is not connected into the building's electrical systeme) owner or project engineer has made written request for CCO which includes statement of

equipment's value, serial number of euipment and agrees (in request) not to utilize orenergize non-compliant equipment until same complies with L & L requirements.

Verification for full C/O to include the following:-Completion ofL & L field cenification;-Certification ITomN.C. licensed engineer sealed and verifying that labeling iscomplete and any required system modifications;

I!

I

II

IiJI

'"

. ,

p-7.

.

.

r

-L & L field report attached to engineer's certification.

Violation of Conditional C/O agreement incurrs fine (See attachment #3)

Conditional C/O agreement to be copied to Fire Marshall for follow-up at annual fire safety

inspection

Part IV: Closin~ Thoughts

1.

2.

3. .

4.

.

.

The Department should make industry presentations to groups that historically have hadproblems with L & L: medical, manufacturer's council/association, chiropractors,resturanteur's association, etc.

Charlotte Chamber of Commerce needs to encourage "DOl" and Manufacturers Associationto work our reciprocity agreement with foreign L & L entities.

Department should propose revisions to state law excluding medical equipment such asMRI, fixed X-ray, CatScan, Cardiac CATH, etc.

Department should propose revisions to state law outlining an approval process for "one ofa kind" equipment, (ie. where no standards exist).

Engineer certification on specific points

Other method.

~

r

IJI

411.-;tl L: flI1EifT #= 1. .

--

DEPARTMENT OF INSURANCE

~tat£ nf ~nrtlt C1IarolinZIP. O. BOX 26387

RALEIGH. N. C. 2751 1

JIM LONG

C:O, IS810NEIII 01' IN8UIIIANC£May 1, 1997

SAFETY SERVICES

(919) 733-390 I

Mr. Gerald HarvellChief Electrical InspectorCharlotte-Mecklenburg Building StandardsP. O. Box 31097Charlotte, North Carolina 28231

Dear Gerald:

This is to further explain our telephone conversation of today relating to theenforcement of certifying labels and identification marks of independent safety testingagencies such as Underwriters' Laboratories, Inc.

General Statutes l53A-352 and 160A-412 specify that it is the responsibility of codeenforcement officials to enforce state and local laws relating to the construction ofbuildings and the systems within those buildings. All of the volumes of the state coderequire that some of the construction materials and most of the equipment used in theelectrical, mechanical and plumbing systems have a seal or other identifying markswhich indicates that the product has been tested and approved by a testing agencyacceptable to the Building Code Council.

In addition to the code, General Statutes 66-25 specify that all electrical devices,materials, appliances and equipment shall be evaluated for safety by a qualified testingagency.

General Statutes 153A-363 and 160A-423 specifies that. at the completion of aU \\"orkdone under a permit, the code enforcement official shall issue a certificate ofcompliance if they find that the completed vlork complies ith all state and local laws.If a CEO issues a certificate of compliance without verifying proper safety testinglabels, this would probably be grounds for revocation of certification by the CodeOfficials Qualification Board.

Very truly yours,

/~Lee Hauser, P. E.Senior Deputy Commissioner

LH:mccc: Grover Sawyer, P. E.

Mike Page

('

AN EQUAL OPPORTUNITy/AFFIRMATIVE ACTION EMPLOYER

~TT~ c..NMeN( G(rA~~ l)

ARTICLE 4.Electrical Materials, Devices,Appliances and Equipment

§ 66-23. Sale of electrical goods regulated.

Every person, finn or corporation before selling, offering for sale, assigning, or disposing of by gift aspremiums or in any similar manner any electrical material, devices, appliances or equipment shall firstdetennine if such electrical materials, devices, appliances and equipment comply with the provision of theArticle. (1933, c. 555, s. 1; 1989, c. 681, s. 1.)'

Effect of Amendments. - The 1989 amendment, effective September 1, 1989, substituted "assigning"for "or exposing for sale, at retail to the general public."

§ 66-24. Identification marks required.

All electrical materials, devices, appliances and equipment shall have the maker's name, trademark, orother identification symbol placed thereon, together with such other markings giving voltage, current,wattage, or other appropriate ratings as may be necessary to detennine the character of the material, device,appliance or equipment and the use for which it is intended; and it shall be unlawful for any person, finn orcorporation to remove, alter, change or deface the maker's name, trademark or other identification symbol.(1933, c. 555, s. 2; 1989, c. 681, s. 1.)

Effect of Amendments. - The 1989 amendment, effective September 1, 1989, deleted "offered for sale,exposed for sale at retail to the general public, or disposed of by gift as premiums or in any similar manner"following "appliances and equipment."

§ 66-25. Acceptable listing as to safety of goods.

All electrical materials, devices, appliances, and equipment shall be evaluated for safety and suitabilityfor intended use. This evaluation shall b conducted in accordance with nationally recognized standards andshall be conducted by a qualified testing laboratory. The Commissioner of Insurance, through the EngineeringDivision of the Department of Insurance, shall implement the procedures necessary to approve suitablenational standards and to approve suitable qualified testing laboratories. The Commissioner may assign hisauthority to implement the procedures for specific materials, devices, appliances, or equipment to otheragencies or bodies when they would be uniquely qualified to implement those procedures.

In the event that the Commissioner detennines that electrical materials, devices, appliances, or equipment

in question cannot be adequately evaluated through the use of approved national standards or by approvedqualified testing laboratories, the Engineering Division of the Department of Insurance shall specify anyalternative evaluations which safety requires.

The Engineering Division of the Department of Insurance shall keep in file, where practical, copies of allapproved national standards and resumes of approved qualified testing laboratories.(1933, c. 55, s. 3; 1989, c. 681,s.1.)

Effect of Amendments. - The 1989 amendment, effective September 1, 1989, rewrote this section.

§: ',:66-26.Legal responsibility of proper installations unaffected.

p..j( ~ '""~,'-#\.,..., \ <-

(PA~e ~)

..

This Article shall not be construed to relieve from or to lessen the responsibility or liability of any partyowning, operating, controlling, or installing any electrical materials, appliances or equipment for damages topersons or property caused by any defect therein, nor shall the electrical inspector, the Commissioner, or agentsof the Commissioner be held as assuming any such liability by reason of the approval of any material, device,appliance or equipment authorized herein. (1933, c. 55, s. 4; 1989, c. 681,s.1.)

Effect of Amendments. - The 1989 amendment, effective September I, 1989, inserted "the Commissioner,or agents of the Commissioner" near the end of the section.

§ 66-27. Violation made misdemeanor.

Any person, firm or corporation who shall violate any of the provisions of this Article shall be guilty of amisdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars($500.00), imprisonment for not more than 90 days, or both, for each violation.(1933, c. 55, s. 5; 1989, c. 681,s.1.)

Effect of Amendments. - The 1989 amendment effective September I, 1989, substituted "five hundreddollars ($500.00)" for "fifty dollars ($50.00) or," substituted "90 days" for "30 days," and added "or both, foreach violation.

§ 66-27 A. Enforcement

The Commissioner or his designee or the electrical inspector of any state or local governing agency mayinitiate any appropriate action or proceedings to prevent, restrain, or correct any violation of this Article. TheCommissioner or his designee, upon showing proper credentials and in discharge of his duties pursuant to hisArticle may, at reasonable times and without advance notice, enter and inspect any facility within the State inwhich there is reasonable cause to suspect that electrical materials, devices, appliances, or equipment not inconformance with the requirements of this Article are being sold, offered for sale, assigned, or disposed of bygift, as premiums, or in any other similar manner. (1989, c. 681, s. 1.)

1999 NATIONAL ELECTRICAL CODE

90-7. Examination of Equipment for SafetyFor specific items of equipment and materials referred to in this Code, examinations for safety made understandard conditions will provide a basis for approval where the record is made generally available throughpromulgation by organizations properly equipped and qualified for experimental testing, inspections of the runof goods at factories, and service-value determination through field inspections. This avoids the necessity forrepetition of examinations by different examiners, frequently with inadequate facilities for such work, and theconfusion that would result from conflicting reports as to the suitability of devices and materials examined for agIven purpose.It is the intent of this Code that factory-installed internal wiring or the construction of equipment need not beinspected at the time of installation of the equipment, except to detect alterations or damage, if the equipmenthas been listed by a qualified electrical testing laboratory that is recognized as having the facilities describedabove and that requires suitability for installation in accordance with this Code.FPNNo. 1: See requirements in Section 110-3.FPN No.2: Listed is defmed in Article 100.

..

. '. ATrAq MEI./I ff 3 #

- "CONDITIONAL CERTIFICATE OF OCCUPANCYLISTING & LABELING PROCEDURE

(>$10,000)Large equipment

10% of equip. value

10% of equip. value

revocation of ceo

If a,ceo is revoked. it may only be reinstated by posting of a bond by the owner in the amount ofthe Listing/Labeling cost. Exceptions may be approved by the department if not completedwithin 60 days.

~I

FINE LEVELS:

($1000) ($1000-10,000)Small items Small equipment

1st violation $250.00 $250.00

2nd violation $500.00 $500.00

3rd violation revocation revocationof CCO of ceo

A. General. /

110-2. Approval

The conductors and equipment required or permitted by this Code shall be acceptable only if approved.FPN: See Examination of Equipment for Safety, Section 90-7, and Examination, Identification, Installation, and

use of Equipment, Section 110-3. See definitions of Approved, Identified, Labeled, and Listed.

110-3. Examination, Identification, Installation, and Use of Equipment

(a) Examination. In judging equipment, considerations such as the following shall be evaluated:1. Suitability for installation and use in conformity with the provisions of this CodeFPN: Suitability of equipment use may be identified by a description marked on or provided with a product toidentify the suitability of the product for a specific purpose, environment, or application. Suitability ofequipment may be evidenced by listing or labeling.2. Mechanical strength and durability, including, for parts designed to enclose and protect other equipment, theadequacy of the protection thus provided3. Wire-bending and connection space4. Electrical insulation5. Heating effects under normal conditions of use and also under abnormal conditions likely to arise in service6. Arcing effects7. Classification by type, size, voltage, current capacity, and specific use8. Other factors that contribute to the practical safeguarding of persons using or likely to come in contact withthe equipment(b) Installation and Use. Listed or labeled equipment shall be installed and used in accordance with anyinstructions included in the listing or labeling.

ARTICLE 100-- Definitions

Scope. This article contains only those definitions essential to the proper application of this Code. It is notintended to include commonly defined general terms or commonly defined technical terms from related codesand standards. In general, only those terms that are used in two or more articles are defined in Article 100.Other definitions are included in the article in which they are used but may be referenced in Article 100.

Part A of this article contains definitions intended to apply wherever the terms are used throughout this Code.

Part B contains definitions applicable only to the parts of articles specifically covering installations andequipment operating at over 600 volts, nominal.

A. General

Approved. Acceptable to the authority having jurisdiction.

Identified (as applied to equipment). Recognizable as suitable for the specific purpose, function, use,environment, application, etc., where described in a particular Code requirement.FPN: Suitability of equipment for a specific purpose, environment, or application may be determined by aqualified testing laboratory, inspection agency, or other organization concerned with product evaluation. Suchidentification may include labeling or listing. (See definitions of Labeled and Listed.)

L

, "

. i,

Labeled. Equipment or materials to which has been attached a label, symbol, or other identifying mark of anorganization that is acceptable to the authority having jurisdiction and concerned with product evaluation, thatmaintains periodic inspection of production of labeled equipment or materials, and by whose labeling themanufacturer indicates compliance with appropriate standards or performance in a specified manner.

Listed. Equipment, materials, or services included in a list published by an organization that is acceptable tothe authority having jurisdiction and concerned with evaluation of products or services, that maintains periodicinspection of production of listed equipment or materials or periodic evaluation of services, and whose listingstates that either the equipment, material, or services meets identified standards or has been tested and foundsuitable for a specified purpose.FPN: The means for identifying listed equipment may varyfor each organization concerned with productevaluation, some of which do not recognize equipment as listed unless it is also labeled. Use of the systememployed by the listing organization allows the authority having jurisdiction to identify a listed product.

~

[[Is - 3RDPT$T26oo~doc P-agel

THIRD PARTY AGENCIES ACCREDITED BY THE NCBCC TOLABEL ELECTRICAL & MECHANICAL EQUIPMENT AS OF JANUARY 1, 2000

Applied Research Laboratories5371 Northwest 161st StreetMiami, Florida 33014(305) 624-4800

Equipment Categories: 6, 8, 1214,15, 16, 18,21,22,24,31 and 43

CSA International178 Rexdale Boulevard, EtobicokeOntario, Canada M9W IR3(416) 747-4000

All Equipment Categories

Entela, Inc.3033 Madison Avenue SE

Grand Rapids, Michigan 49548(616) 247-0515

Equipment Categories: 11, 12,26,27,28,29,31,40,43,47, and 48

Factory Mutual ResearchP. O. Box 9102

Norwood, Massachusetts 02062(781) 762-4300

Equipment Categories: 5, 9, 17,19,24,28,31,32,43,47,50, and 51

ITSIETL3933 US Route 11Cortland, New York 13045(607) 753-6711

All Equipment Categories Except 21

ITS/Warnock Hersey3933 US Route 11Cortland, New York 13045-0950(607) 753-6711

Equipment Categories: 17, 18,21,and 25

MET Laboratories, Inc.2200 Gateway Center Blvd., Suite 215Morrisville, North Carolina 27560(919)481-9319

Equipment Categories: 7, 10, 11,12,13,14,15,16,18,22,23,26,27,28,29,3031,37,38,39,40,43,44,47,48 and 50

Ornni-Test LaboratoriesP. O. Box 743Beavertown, Oregeon 07075(503-643-3788

Equipment Categories: 17, 18, & 21

PFS Corporation2402 Daniels StreetMadison, Wisconsin 53718

(608) 221-3361

Equipment Categories: 17, 19,2021, and replacement blowers &coils

TUV Rheinland of North America, Inc.762 Park Avenue

Youngsville, North Carolina 27596(919) 872-3316

Equipment Categories: 7, 8,9, 11, 12, 13, 14, 16,26,27,28,31,40,43,47, and 48

I

~

RADCO3220 East 59th Street

Long Beach, California 90805(310) 272-7231

Equipment Categories: 17, 18, andreplacement blowers and coils

! ,

Underwriters Laboratories, Inc.12 Laboratory Drive

All Equipment Categories

I'

Page2 rar{P. MOLUS - 3RD"PLsT2000.doc=

.Research Triangle Park, North Carolina 27709(919) 5491400

Services by International Approval Services (AGA) has been acquired by CSA International

1.2.3.4.5.6.7.8.9.10.11.12.13.14.15.16.17.18.19.20.21.22.23.24.25.26.27.28.29.30.31.

32.33.34.35.36.37.38.39.40.41.42.43.

EQUIPMENT CATEGORIES [

I

II

I

I

Conductors for General WiringFlexible Cords

Wires and Cables for Special ApplicationsMaterials and Components for Special ApplicationsAlarm Signal and Detecting System ComponentsCATV and Radio Distribution System ComponentsCommunication System ComponentsRadio and Television ComponentsEnergy Management System Components and ControllersSound Recording and Reproduction EquipmentFixed Office Appliances and Business EquipmentElectrical AppliancesElectric Space Heating Equipment and AccessoriesAir Conditioning Equipment and AccessoriesHeat Pump Equipment and AccessoriesRefrigeration Equipment and AccessoriesGas Fired Heating Equipment and AccessoriesGas Fired AppliancesOil Fired Heating Equipment and AccessoriesOil Fired AppliancesSolid Fuel Heating EquipmentFans and Ventilators

Filtering EquipmentDuct Materials Including DampersChimneys and VentsElectrical Data Processing EquipmentMedical, Dental, and X-Ray EquipmentLaboratory, Equipment, Electrical Measuring, and Testing EquipmentFood Preparation MachinesSwimming Pool and Spa EquipmentMiscellaneous Fixed Equipment -Amusement Machines, Animal Care, Appliances

Battery Chargers, Cleaning Machines, etc.Fire Extinguishing EquipmentCircuit BreakersFusesWiring Devices, Attachment Plugs and Toggle SwitchesSwitches and Switching Devices -Other than TogglePanelboardsSwitchboardsTransformersElectrical Signs and AccessoriesGround-Fault Circuit InterruptersGround-Fault Sensing and Relaying EquipmentIndustrial Control Equipment -Motor Controllers, Industrial Control Panels,

Motor Control Centers, Motorized Valves, Solenoids, etc.

~I

44.45.46.47.48.49.50.51.52.53.

.~oc

Transient Voltage Surge Suppressors and FiltersLightning Protection System Components and Lightning Protection DevicesMetering Enclosures and Meter SocketsEmergency Lighting and Power Equipment System ComponentsLighting Fixtures, Lamp Holders, and AccessoriesAuxiliary Gutters, Junction, Pull and Outlet Boxes, and Cabinets and Cutout BoxesElectrical Equipment for Hazardous LocationsGrounding and Bonding EquipmentWire Connectors, Lugs, and Terminal FittingsInsulating Tape and Closures

~

Jim LongC:oml1l1SS\OnLr "llnsurancc

SlalC Firc ~tarshal

NORTH CAROLINA

DEPARTMENTOFINSURANCE

8SFM.,/J-

',.1

July 7, 1999

Mr. James N. BartlCharlotte/Mecklenburg Codes & StandardsP.O. Box 31097Charlotte, North Carolina 28231

Dear Mr. Bartl:

This letter is to follow-up on several issues that were discussed during our meeting ofJune 21, 1999 in Charlotte.

The North Carolina Building Code Council (NCBCC) promulgated rules and regulationsin 1982 for the evaluation and testing of electrical and mechanical equipment. Thisauthority was based on General Statue 143-139.1. The NCBCC also establishedprocedures to accredit third party agencies to list and label this electrical and mechanicalequipment. A list of categories was also established at that time. See attached.

These accredited laboratories are required to evaluate only the electrical and mechanicalequipment to meet the minimum requirements of the North Carolina Building Code,Volume IV, Electrical and Volume III, Heating [Mechanical]. Some equipment, such asindustrial machinery, may not be eligible for overall listing and labeling because nonational recognized standard exists. The Authority Having Jurisdiction (AHJ) wouldexpect that the electrical controls and/or control equipment be listed and the wiringbetween the c.ontrolp<:lneland other electrical devices be installed to applicablerequirements of the Code.

In the event the electrical wiring does not comply with the Code, the AHJ could eitherrequire correction or consider it under lIalternatemethodsll as per Chapter 4 of VolumelA (NCSBC - Administrative and Enforcement) and ask for an independent third partyevaluation (field evaluation). The AHJ is permitted to accept field evaluation by anaccredited testing laboratory, other approved agency, or technical design professional, i.e.Registered Professional Engineer.

PO Box26387. Raleigh.NC 27611. lJllJ/733-2142' 800/634-7854' FAX:lJ!W733-lJO760

':';,(:~":.

Mr. James Bartl

July 7, 1999Page Two

Only those testing laboratories that have applied to the NCBCC for accreditation andhave been found to comply with the procedures prescribed by the NCBCC are recognizedto list and label equipment at its point of manufacture. There is an increasing nlimber ofinstances where equipment that is manufactured in countries othe~than the United Statesdo not have NCBCC accredited laboratory labels, either on the equipment or theelectrical controls/control equipment, being installed. As stated above, a field evaluationby an accredited testing laboratory, other approved agency, or technical designprofessional, i.e. Registered Professional Engineer is the method used to assure safetytrom shock and fire hazards for the equipment/machinery. This Department will beworking with the NCBCC, the testing laboratories, and OSHA to address theaccreditation of testing laboratories testing, listing, and labeling of foreign electrical andmechanical equipment to insure that the public welfare and safety is maintained. Anysuggestions or comments are certainly welcomed.

Equipment installed prior to the implementation of the NCBCC rules in 1982 may nothave any safety certification. If it has been in operation without any safety relatedproblems and subsequently relocated, either in the same facility or to a new facility, itshould be inspected to ascertain the existence of any eminent electrical safety hazard andnot subiected to the present listing and labeling requirements. If any electrical hazardsare noted, the AHJ has the responsibility to have them corrected before the machine isreturned to service.

We hope this information helps in your duties of providing a safe electrical installation.If you have further question, please contact us.

Regards,

cL- 4~<d-i&o-Tim BradleySenior Deputy Commissioner

TLB:mc

Cc: The Honorable Constance K. WilsonRobert KellenRon Letch

L~

.,

~ .

y", ..".

'~')"A ','-' -.. "":'>-

MECKLENBURG COUNTYEngineering& BuildingStandardsDepartment

September 8, 1999

Mr. Tim Bradley, Senior Deputy CommissionerDepartment of InsuranceOffice of State Fire MarshalP.O. Box 26387

Raleigh, NC 27611

Dear Mr. Bradley,

My apologies for not replying earlier. Gerald Harvell and I have reviewed your July 7 letter regardingListing and Labeling (L&L) requirements. We believe you have clarified the situation sufficiently so wecan forego a mid-stream meeting. For the purposes of emphasis, we are going to underline the followingpoints to customers and the Charlotte Chamber.

1. On industrial machinery with no recognized national standard, only the electrical controls or controlequipment fall under L&L requirements.

2. Wiring on equipment may be verified as faulty or acceptable by either use of an acceptable testing labor a registered professional engineer, at the discretion our Electrical Code Administrator

3. Foreign equipment may be field evaluated by a testing lab, technical design professional or registeredprofessional engineer, at the discretion of our Electrical Code Administrator.

4. The rules on grandfathering will be as follows:a) Relocated equipment originally installed before 1982 rules need only have a record of no safetyrelated problems and an inspection for "imminent electrical safety hazard".b) If originally installed after 1982, relocated equipment would have to display original L&Ldocumentation and show no changes have been made to electrical components.c) In either case above, if verification was required, it could be performed by a testing lab orregistered professional engineer, at the discretion of our Electrical Code Administrator.

I'll try to call in the next few days to be sure the above makes sense to you, or if you're attending ICBOin St. Louis next week, we could cross paths there. Thanks for your attention to this issue.

YO1Jlstrul~ - -, ,"'\ - ~ ,A 9, /1/ .

!~./ . rv--, ') <.AUo!O,l()-! ;; I (

. 'ro:~~~ \<;, T - ii i e,,"';'C!:'VL,JamesN. Bartl,A.LA. ' ;-,...,. .\ ,,""'- ~

. \ N 'N \ S "'-"'J~ . 'I' t"".n.-' .Director of Code Enforecement. ..p \:S

L~

Cc: Robert Kellen, Bobbie Shields, Gerald Harvell

PEOPLE 0 PRIDE 0 PROGRESS

700 North Tryon Street + Charlotte, North Carolina 28202 + (704)336-2831 0 Fax (704)336-3846

MECKLENBURG COUNTYEngineering & Building Standards Department

MemoFebruary 22, 2000To: All customersFrom: Jim Bartl, Director of Code EnforcementCC: Bobbie Shields, Gerald Harvell, Paul ReedRE: Amendment to Listing and Labeling Final ReportJDepartment Policy (5/1/97, rev9/8/97)

Effective immediately,E&BS amends the Listing and Labeling (L&L) policy to allow, in certain cases, technical designprofessionals to submit field evaluations assuring compliance with the minimum requirements of the NC ElectricalBuilding Code as well as safety from shock or fire hazards. Specificprovisions of this policy amendment are as follows.

1. Qualifying workUse of Engineers or technical design professionals on L&L cases is at the discretion of the Department, specificallythe Electrical Inspections Core Process Manager. You must confirm with E&BS that the item in question qualifiesfor the use of this service in place of the eleven 3rdparty agencies accredited by the NC Building Code Council.

2. Scope of workThe latitude to use technical design professionals was granted to E&BS by DOl last fall, only for particular L&Lcases, including:. Old equipment or "grandfathered" equipment issues. Assemblies not listed, but with listed components. Selected foreign equipment labeling issues. Other atypical field conditionsThe detail of technical design professionals work will address the Alternate Listing, attached. Other observeddeficiencies in compliance with minimum requirements of the NC Electrical Building Code or safety from shock orfire hazards must be addressed as well.

3. Sealing of reportsField reports to E&BS must contain the PE seal and signature. In the case of SETA-AC Testing, we will acceptonly the signatures of Ralph Patterson, Ernest Creech, Johnie Watkins or Ronald McCormick.

4. Limitation

Engineers may not perform this service if already serving as the Project Engineer of record on the same project.

5. Qualified Technical Design ProfessionalsBy interview, we have qualified the technical design professionals eligible for this work, as follows:. K. M Armstrong, PE (ph 366-1776). Jim Henderson, PE (ph 366-1776). SETA-AC Testing, (ph 568-5454), selected technical design professionals noted above. Damaso Lopez, PE (ph 376-7072). Bruce Houser, PE (ph 395-2705)

~

..

If you require clarificationregarding this amendmentto our L&L policy, feel free to contact Gerald Harvell (336-3523),Paul Reed (336-3521) or myself (336-3827).

PEOPLE. PRIDE. PROGRESS

700 North Tryon Street. Charlotte, North Carolina 28202 . (704)336-2831 . Fax(704)336-3839

.

I!

'.

rI

MECKLENBURG COUNTYEngineering & Building Standards Department

February 22, 2000

Alternate ListingListing and Labeling Policy

1. Wiring methods2. Overcurrent protection3. Grounding4. Conductor size (branch circuit, feeder)5. Termination of conductors (circuit size, or protected by supplemental overcurrent devices)6. Wire bending space in equipment and disconnects7. Proper disconnects installed8. Marking on controllers9. Temperature limitation oflugs on utilization equipment10. Temperature limitation of conductors in utilization equipment11. Thermal protection of motors12. Operational temperature limits of equipment13. Wiring methods inside of equipment14. Resistance elements not protected at more than 60 amp.15. Heating elements subdivided not to exceed 48 amps.16. All internal components are third party listed

!'

PEOPLE. PRIDE. PROGRESS

I

r

_m- ~

700 North Tryon Street. Charlotte, North Carolina 28202 . (704)336-2831 . Fax(704)336-3839