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MECKLENBURG COUNTY
Engineering & Building Standards Department
January 21,2000
Dear Customer:
The Listing and Labeling (L&L) of "electrical materials, devices, appliances and equipment" is a
requirement 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 new
businesses in North Carolina, customers are often unfamiliar with the requirements, even though they are
identical to OSHA requirements. It is not unusual for one to hear cries of lack of consistency across the
state, with some authorities enforcing the requirement and others not, even though enforcement of L&L
clearly 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 NC
licensed engineers on their opinion of the law and our enforcement procedures. Our responsibilities were
confirmed with the Department ofInsurance. We pursued the most appropriate enforcement strategy to
gain 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/Department
Policv. A copy follows for your reference. Over the last two years, this report has been made available to
the community through trade associations, professionals and the Charlotte Chamber. We are very pleased
to post this policy on our website, making it readily available to our customers, thus allowing them, and
their 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, has
decreased problems related to L&L issues. Customers who wish to dispute the NC L&L requirement
itself, 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 related
enforcement policy, feel free to contact Electrical Core Process Manager Gerald Harvell (336-3523 Electrical
Assistant Core Process Manager Paul Reed (336-3521) or myself(336-3827).
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Bartl
Director of
Code Enforcement
PEOPLE. PRIDE. PROGRESS
700 North Tryon Street.
Charlotte, North Carolina 28202 . (704)336-2831 . Fax (704)336-3846
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LISTING & LABELING
FINAL REPORTIDEPARTMENT POLICY
MAY 1, 1997, REVISED SEPTEMBER 8, 1997
Reference G.S. 66-23 through G.S. 66-27A (attached)
Part I: The Law
1
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?
The statute begins and is entitled "Sale of electrical goods regulated". It talks about selling or
offering 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 to
nationally recognized standards by "qualified testing laboratories". The Commissioner of
Insurance is empowered to implement procedures to approve national standards and to
approve qualified testing labs. The Engineering Division of the Department of Insurance is
responsible to keep on file copies of approved national standards and resumes of approved testing
labs. G.S.66-26 states that nothing in this article shall relieve or lessen the responsibility of the
party 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 such
liability. Violation ofthis statute is a misdemeanor offense. The Commissioner of Insurance or the
electrical 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 the
Commissioner of Insurance, upon presentation of proper credentials may without advance
notice enter into any premise in the State where there is reason to suspect that such goods are
being offered for sale.
2..L-WhatDoe~Th(LLaw Mean?
It does appear that the primary intent of the statute as it is written is to make sure equipment is in fact
listed and labeled. It attempts to do this through regulating the sale, providing for approval of
standards and qualified testing labs and finally through empowering the Commissioner of Insurance
to 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 electrical
inspector 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&L
and our current approach to enforcement of the statutes.
1. Keith Pehl, Optima Eng.
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2. Kim Reiterer, Little & Assoc.
3. Steve Haas, Hass & Kennedy
4. Ken Armstrong
5. Stephen Hocsak
6. James Walls
Engineers Comments From These Discussions Were As Follows:
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"Larger jurisdictions seem to be more sophisticated and more aware ofL&L and enforce it
more rigidly."
"L&L is needed and is a requirement of state law."
"Diagnostic equipment, medical equipment, foreign made equipment and assemblies of
components 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 enforcement
ofL&L."
"On jobs designed, if observes or is made aware of unlisted equipment, writes owner
advising of responsibility to comply with L&L as this is required by the Engineering
Licensing Board. When my company has the construction administration, also reviews shop
drawings and checks this way for adherence to specifications. Also reviews and checks pay
orders for compliance with specifications and will even withhold funds to make sure such
deviations 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 wording
regarding 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 is
mentioned 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 an
amendmentto the General Statutes were proposed, suggests that one approach could be to simply
remove the "electrical inspector" from G.S. 66-26 and G.S. 66-27A. Doing this would still
leave the Commissioner as responsible for enforcement through other means. This minor
change could make it clear that it is not intended or appropriate to attempt to enforce the
statute through the permitting and inspection process. He mentioned the annual fire safety
inspections and also enforcement through OSHA.
UPDA TE: As staff considered this opinion, it was the consensus of the group that a change to state
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law as described above would not be appropriate nor would it solve the problems which exist with
the 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 as
the providers of the L&L services. Others such as electricalinspectors and/or DOl might also oppose
a change.
(See copy of the law attached as next page, attachment #2)
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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 by
relying on the electrical inspector to detect unlisted/labeled equipment and to have it brought into
compliance 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 the
inspector.
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 emphasis on the legal requirements for L&L in the preliminary and regular plan
review 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 on
notice that L&L applies. Through contract administration, review of shop drawings, requests for
payment, and field observations (ours and theirs), the designers' responsibility to enforce his own
design specifications and to see that approved plans are followed will be reinforced. Under this
approach 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 equipment
installed in an existing building where there may not be plans & specifications submitted for our
review, the inspector would infonn both the contractor and the owner/plant manager of unlisted
equipment 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 the
nonnal punchlist process to effect enforcement.
If compliance problems still remain when all other electricalwork is complete, the department needs
additional tools to allow use ofa facility (in some cases) while clearly placing the responsibility for
L & L on the owner.
In following this new approach, the inspectors' role shifts from being the ultimate enforcer to one
of reporting observed noncompliance with state law and design specifications. G.S. 66-27A
authorizes the Commissioner of Insurance or the electrical inspector "to initiate any necessary
procedure" appropriate to prevent, restrain or correct violation ofthis requirement. The above
described approach is a new procedure and approach and one which rightly places and reinforces the
owners responsibility to comply with L&L.
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Part III. Summary Of Revised Enforcement Procedure
As 'discussed in Part n, the Department has previously pursued a singular strategy of inspector
enforcement 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 equipment
is listed and labeled.
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1) Preliminary review
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include listing and labeling as a problem area in the upcoming engineerspreliminary review
presentation (electrical, mechanical, plumbing)
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emphasize engineers' responsibility in assuring installations comply with L&L
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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
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all preliminary plan review meetings with architects and engineers will emphasize this
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advise that we will continue to offer the Electrical Divisions support and service in achieving
compliance with L&L (typically through the Chief Electrical Inspector) on unusual
situations, IE. recently constructed aquarium in hospital lobby, conveyor system assembled
for use at quarry, etc.
2} Plan Review
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have a stamp m~de which says "all shop manufactured equipment or assemblies with
electrical components must be listed and 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 been
approved with note requiring listing and labeling on all equipment or assembled installations.
Please take necessary steps to effect compliance".
3) Inspector Citation
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Inspector advises journeyman on rough ofListinglLabeling requirement
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If a non-compliant installation is observed:
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Inspector sites specific item(s) and advises contractor and
Advises plan review via MDT message through trade clerk. Message includes pennit
number, address and description ofL & L problem.
Plan review sends memo to project engineer saying"non compliant on L & L, please take
necessay 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 to
30 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
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If non-compliant L & L condition still exists when all other electrical work is approved, the
customer is offered 3 options:
(from this point forward. the issue is handled by the Electrical Chief or Assistant Chief)
Qmio_D1:
Complete project comply with L & L requirements and obtain
permanent C/O
QJiliQn2~ TCO with 90 day time limit
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extension at CPM's discretion
QJltion_3:
Conditional Certificate of Occupancy
a) building is substantially complete and may be used for its intended purpose without use
of equipment in question
b) non-compliant items/equipment may not jeopardize buildings' life safety systems or
components
c) equipment in question isflagged or otherwise marked to visually indicate to non qualified
personnel 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 system
e) 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 or
energize 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 is
complete and any required system modifications;
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-L & L field report attached to engineer's certification.
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Violation of Conditional C/O agreement incurrs fine (See attachment #3)
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Conditional C/O agreement to be copied to Fire Marshall for follow-up at annual fire safety
inspection
Part IV: Closin~ Thoughts
1.
The Department should make industry presentations to groups that historically have had
problems with L & L: medical, manufacturer's council/association, chiropractors,
resturanteur's association, etc.
2.
Charlotte Chamber of Commerce needs to encourage "DOl" and Manufacturers Association
to work our reciprocity agreement with foreign L & L entities.
3. .
Department should propose revisions to state law excluding medical equipment such as
MRI, fixed X-ray, CatScan, Cardiac CATH, etc.
4.
Department should propose revisions to state law outlining an approval process for "one of
a kind" equipment, (ie. where no standards exist).
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Engineer certification on specific points
Other method.
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DEPARTMENT
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INSURANCE
C1IarolinZI
P. O. BOX 26387
RALEIGH. N. C. 2751 1
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IS810NEIII
SAFETY
LONG
(919)
01' IN8UIIIANC£
May 1, 1997
Mr. Gerald Harvell
Chief Electrical Inspector
Charlotte-Mecklenburg
Building Standards
P. O. Box 31097
Charlotte, North Carolina 28231
Dear Gerald:
This is to further explain our telephone conversation
of today relating to the
enforcement
of certifying labels and identification
marks of independent
safety
agencies such as Underwriters'
Laboratories,
Inc.
testing
General Statutes
l53A-352 and 160A-412 specify that it is the responsibility
of code
enforcement
officials to enforce state and local laws relating to the construction
of
buildings and the systems within those buildings.
All of the volumes of the state code
require that some of the construction
materials and most of the equipment
used in the
electrical, mechanical
and plumbing systems have a seal or other identifying marks
which indicates that the product has been tested and approved by a testing agency
acceptable
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 testing
agency.
General Statutes
153A-363 and 160A-423
done under a permit, the code enforcement
compliance
if they find that the completed
If a CEO issues a certificate of compliance
labels, this would probably be grounds for
Officials Qualification
Board.
specifies that. at the completion
of aU \\"ork
official shall issue a certificate of
vlork complies
ith all state and local laws.
without verifying proper safety testing
revocation of certification by the Code
Very truly yours,
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Lee Hauser, P. E.
Senior Deputy Commissioner
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cc: Grover Sawyer, P. E.
Mike Page
AN
EQUAL
OPPORTUNITy/AFFIRMATIVE
ACTION
EMPLOYER
SERVICES
733-390
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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 as
premiums or in any similar manner any electrical material, devices, appliances or equipment shall first
detennine if such electrical materials, devices, appliances and equipment comply with the provision of the
Article. (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, or
other 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 or
corporation 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 suitability
for intended use. This evaluation shall b conducted in accordance with nationally recognized standards and
shall be conducted by a qualified testing laboratory. The Commissioner of Insurance, through the Engineering
Division of the Department of Insurance, shall implement the procedures necessary to approve suitable
national standards and to approve suitable qualified testing laboratories. The Commissioner may assign his
authority to implement the procedures for specific materials, devices, appliances, or equipment to other
agencies 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 approved
qualified testing laboratories, the Engineering Division of the Department of Insurance shall specify any
alternative evaluations which safety requires.
The Engineering Division of the Department of Insurance shall keep in file, where practical, copies of all
approved 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.
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§: ',:66-26.Legal
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responsibility of proper installations unaffected.
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This Article shall not be construed to relieve from or to lessen the responsibility or liability of any party
owning, operating, controlling, or installing any electrical materials, appliances or equipment for damages to
persons or property caused by any defect therein, nor shall the electrical inspector, the Commissioner, or agents
of 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 a
misdemeanor 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 hundred
dollars ($500.00)" for "fifty dollars ($50.00) or," substituted "90 days" for "30 days," and added "or both, for
each violation.
§ 66-27 A. Enforcement
The Commissioner or his designee or the electrical inspector of any state or local governing agency may
initiate any appropriate action or proceedings to prevent, restrain, or correct any violation of this Article. The
Commissioner or his designee, upon showing proper credentials and in discharge of his duties pursuant to his
Article may, at reasonable times and without advance notice, enter and inspect any facility within the State in
which there is reasonable cause to suspect that electrical materials, devices, appliances, or equipment not in
conformance with the requirements of this Article are being sold, offered for sale, assigned, or disposed of by
gift, as premiums, or in any other similar manner. (1989, c. 681, s. 1.)
1999 NATIONAL ELECTRICAL CODE
90-7. Examination of Equipment for Safety
For specific items of equipment and materials referred to in this Code, examinations for safety made under
standard conditions will provide a basis for approval where the record is made generally available through
promulgation by organizations properly equipped and qualified for experimental testing, inspections of the run
of goods at factories, and service-value determination through field inspections. This avoids the necessity for
repetition of examinations by different examiners, frequently with inadequate facilities for such work, and the
confusion that would result from conflicting reports as to the suitability of devices and materials examined for a
gIven purpose.
It is the intent of this Code that factory-installed internal wiring or the construction of equipment need not be
inspected at the time of installation of the equipment, except to detect alterations or damage, if the equipment
has been listed by a qualified electrical testing laboratory that is recognized as having the facilities described
above 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.
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CONDITIONAL CERTIFICATE OF OCCUPANCY
LISTING & LABELING PROCEDURE
FINE LEVELS:
($1000)
Small items
($1000-10,000)
Small equipment
(>$10,000)
Large equipment
1st violation
$250.00
$250.00
10% of equip. value
2nd violation
$500.00
$500.00
10% of equip. value
3rd violation
revocation
of CCO
revocation
revocation of ceo
of ceo
If a,ceo is revoked. it may only be reinstated by posting of a bond by the owner in the amount of
the Listing/Labeling cost. Exceptions may be approved by the department if not completed
within 60 days.
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A. General
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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 Code
FPN: Suitability of equipment use may be identified by a description marked on or provided with a product to
identify the suitability of the product for a specific purpose, environment, or application. Suitability of
equipment may be evidenced by listing or labeling.
2. Mechanical strength and durability, including, for parts designed to enclose and protect other equipment, the
adequacy of the protection thus provided
3. Wire-bending and connection space
4. Electrical insulation
5. Heating effects under normal conditions of use and also under abnormal conditions likely to arise in service
6. Arcing effects
7. Classification by type, size, voltage, current capacity, and specific use
8. Other factors that contribute to the practical safeguarding of persons using or likely to come in contact with
the equipment
(b) Installation and Use. Listed or labeled equipment shall be installed and used in accordance with any
instructions 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 not
intended to include commonly defined general terms or commonly defined technical terms from related codes
and 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 and
equipment 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 a
qualified testing laboratory, inspection agency, or other organization concerned with product evaluation. Such
identification may include labeling or listing. (See definitions of Labeled and Listed.)
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Labeled. Equipment or materials to which has been attached a label, symbol, or other identifying mark of an
organization that is acceptable to the authority having jurisdiction and concerned with product evaluation, that
maintains periodic inspection of production of labeled equipment or materials, and by whose labeling the
manufacturer 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 to
the authority having jurisdiction and concerned with evaluation of products or services, that maintains periodic
inspection of production of listed equipment or materials or periodic evaluation of services, and whose listing
states that either the equipment, material, or services meets identified standards or has been tested and found
suitable for a specified purpose.
FPN: The means for identifying listed equipment may varyfor each organization concerned with product
evaluation, some of which do not recognize equipment as listed unless it is also labeled. Use of the system
employed by the listing organization allows the authority having jurisdiction to identify a listed product.
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P-agel
THIRD PARTY AGENCIES ACCREDITED BY THE NCBCC TO
LABEL ELECTRICAL & MECHANICAL EQUIPMENT AS OF JANUARY 1, 2000
Applied Research Laboratories
5371 Northwest 161st Street
Miami, Florida 33014
(305) 624-4800
Equipment Categories: 6, 8, 12
14,15, 16, 18,21,22,24,31 and 43
CSA International
178 Rexdale Boulevard, Etobicoke
Ontario, 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 Research
P. O. Box 9102
Norwood, Massachusetts 02062
(781) 762-4300
Equipment Categories: 5, 9, 17,
19,24,28,31,32,43,47,50,
and 51
ITSIETL
3933 US Route 11
Cortland, New York 13045
(607) 753-6711
All Equipment Categories Except 21
ITS/Warnock Hersey
3933 US Route 11
Cortland, New York 13045-0950
(607) 753-6711
Equipment Categories: 17, 18,21,
and 25
MET Laboratories, Inc.
2200 Gateway Center Blvd., Suite 215
Morrisville, North Carolina 27560
(919)481-9319
Equipment Categories: 7, 10, 11,
12,13,14,15,16,18,22,23,26,27,28,29,30
31,37,38,39,40,43,44,47,48
and 50
Ornni-Test Laboratories
P. O. Box 743
Beavertown, Oregeon 07075
(503-643-3788
Equipment Categories: 17, 18, & 21
PFS Corporation
2402 Daniels Street
Equipment Categories: 17, 19,20
21, and replacement blowers &
coils
Madison, Wisconsin
(608) 221-3361
53718
RADCO
3220 East 59th Street
Long Beach, California 90805
(310) 272-7231
Equipment Categories: 17, 18, and
replacement blowers and 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
Underwriters Laboratories, Inc.
12 Laboratory Drive
All Equipment Categories
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Research Triangle Park, North Carolina 27709
(919) 5491400
Services by International Approval Services (AGA) has been acquired by CSA International
EQUIPMENT CATEGORIES
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.
Conductors for General Wiring
Flexible Cords
Wires and Cables for Special Applications
Materials and Components for Special Applications
Alarm Signal and Detecting System Components
CATV and Radio Distribution System Components
Communication System Components
Radio and Television Components
Energy Management System Components and Controllers
Sound Recording and Reproduction Equipment
Fixed Office Appliances and Business Equipment
Electrical Appliances
Electric Space Heating Equipment and Accessories
Air Conditioning Equipment and Accessories
Heat Pump Equipment and Accessories
Refrigeration Equipment and Accessories
Gas Fired Heating Equipment and Accessories
Gas Fired Appliances
Oil Fired Heating Equipment and Accessories
Oil Fired Appliances
Solid Fuel Heating Equipment
Fans and Ventilators
Filtering Equipment
Duct Materials Including Dampers
Chimneys and Vents
Electrical Data Processing Equipment
Medical, Dental, and X-Ray Equipment
Laboratory, Equipment, Electrical Measuring, and Testing Equipment
Food Preparation Machines
Swimming Pool and Spa Equipment
Miscellaneous Fixed Equipment - Amusement Machines, Animal Care, Appliances
Battery Chargers, Cleaning Machines, etc.
Fire Extinguishing Equipment
Circuit Breakers
Fuses
Wiring Devices, Attachment Plugs and Toggle Switches
Switches and Switching Devices Other than Toggle
Panelboards
Switchboards
Transformers
Electrical Signs and Accessories
Ground-Fault Circuit Interrupters
Ground-Fault Sensing and Relaying Equipment
Industrial Control Equipment - Motor Controllers, Industrial Control Panels,
Motor Control Centers, Motorized Valves, Solenoids, etc.
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44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
Transient Voltage Surge Suppressors and Filters
Lightning Protection System Components and Lightning Protection Devices
Metering Enclosures and Meter Sockets
Emergency Lighting and Power Equipment System Components
Lighting Fixtures, Lamp Holders, and Accessories
Auxiliary Gutters, Junction, Pull and Outlet Boxes, and Cabinets and Cutout Boxes
Electrical Equipment for Hazardous Locations
Grounding and Bonding Equipment
Wire Connectors, Lugs, and Terminal Fittings
Insulating Tape and Closures
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NORTH
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CAROLINA
DEPARTMENT
OFINSURANCE
8SFM
Jim Long
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C:oml1l1SS\OnLr "llnsurancc
SlalC Firc ~tarshal
July 7, 1999
Mr. James N. Bartl
Charlotte/Mecklenburg Codes & Standards
P.O. Box 31097
Charlotte, North Carolina 28231
Dear Mr. Bartl:
This letter is to follow-up on several issues that were discussed during our meeting of
June 21, 1999 in Charlotte.
The North Carolina Building Code Council (NCBCC) promulgated rules and regulations
in 1982 for the evaluation and testing of electrical and mechanical equipment. This
authority was based on General Statue 143-139.1. The NCBCC also established
procedures to accredit third party agencies to list and label this electrical and mechanical
equipment. A list of categories was also established at that time. See attached.
These accredited laboratories are required to evaluate only the electrical and mechanical
equipment to meet the minimum requirements of the North Carolina Building Code,
Volume IV, Electrical and Volume III, Heating [Mechanical]. Some equipment, such as
industrial machinery, may not be eligible for overall listing and labeling because no
national recognized standard exists. The Authority Having Jurisdiction (AHJ) would
expect that the electrical controls and/or control equipment be listed and the wiring
between the c.ontrolp<:lneland other electrical devices be installed to applicable
requirements of the Code.
In the event the electrical wiring does not comply with the Code, the AHJ could either
require correction or consider it under lIalternate methodsll as per Chapter 4 of Volume
lA (NCSBC - Administrative and Enforcement) and ask for an independent third party
evaluation (field evaluation). The AHJ is permitted to accept field evaluation by an
accredited 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
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Mr. James Bartl
July 7, 1999
Page Two
Only those testing laboratories that have applied to the NCBCC for accreditation and
have been found to comply with the procedures prescribed by the NCBCC are recognized
to list and label equipment at its point of manufacture. There is an increasing nlimber of
instances where equipment that is manufactured in countries othe~than the United States
do not have NCBCC accredited laboratory labels, either on the equipment or the
electrical controls/control equipment, being installed. As stated above, a field evaluation
by an accredited testing laboratory, other approved agency, or technical design
professional, i.e. Registered Professional Engineer is the method used to assure safety
trom shock and fire hazards for the equipment/machinery. This Department will be
working with the NCBCC, the testing laboratories, and OSHA to address the
accreditation of testing laboratories testing, listing, and labeling of foreign electrical and
mechanical equipment to insure that the public welfare and safety is maintained. Any
suggestions or comments are certainly welcomed.
Equipment installed prior to the implementation of the NCBCC rules in 1982 may not
have any safety certification. If it has been in operation without any safety related
problems and subsequently relocated, either in the same facility or to a new facility, it
should be inspected to ascertain the existence of any eminent electrical safety hazard and
not subiected to the present listing and labeling requirements. If any electrical hazards
are noted, the AHJ has the responsibility to have them corrected before the machine is
returned 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&oTim Bradley
Senior Deputy Commissioner
TLB:mc
Cc: The Honorable Constance K. Wilson
Robert Kellen
Ron Letch
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MECKLENBURG COUNTY
Engineering& BuildingStandardsDepartment
September 8, 1999
Mr. Tim Bradley, Senior Deputy Commissioner
Department of Insurance
Office of State Fire Marshal
P.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 regarding
Listing and Labeling (L&L) requirements. We believe you have clarified the situation sufficiently so we
can forego a mid-stream meeting. For the purposes of emphasis, we are going to underline the following
points to customers and the Charlotte Chamber.
1. On industrial machinery with no recognized national standard, only the electrical controls or control
equipment fall under L&L requirements.
2. Wiring on equipment may be verified as faulty or acceptable by either use of an acceptable testing lab
or a registered professional engineer, at the discretion our Electrical Code Administrator
Foreign equipment may be field evaluated by a testing lab, technical design professional or registered
professional engineer, at the discretion of our Electrical Code Administrator.
3.
4. The rules on grandfathering will be as follows:
a) Relocated equipment originally installed before 1982 rules need only have a record of no safety
related problems and an inspection for "imminent electrical safety hazard".
b) If originally installed after 1982, relocated equipment would have to display original L&L
documentation 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 or
registered 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 ICBO
in St. Louis next week, we could cross paths there. Thanks for your attention to this issue.
,
YO1Jlstrul~
.
JamesN.
Bartl,A.LA.
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Robert Kellen, Bobbie Shields, Gerald Harvell
PEOPLE 0 PRIDE 0 PROGRESS
700 North Tryon Street + Charlotte, North Carolina 28202 +
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(704)336-2831 0 Fax (704)336-3846
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MECKLENBURG COUNTY
Engineering & Building Standards Department
Memo
February 22, 2000
To:
All customers
From: Jim Bartl, Director of Code Enforcement
CC: Bobbie Shields, Gerald Harvell, Paul Reed
RE: 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 design
professionals to submit field evaluations assuring compliance with the minimum requirements of the NC Electrical
Building Code as well as safety from shock or fire hazards. Specificprovisions of this policy amendment are as follows.
1. Qualifying work
Use of Engineers or technical design professionals on L&L cases is at the discretion of the Department, specifically
the Electrical Inspections Core Process Manager. You must confirm with E&BS that the item in question qualifies
for the use of this service in place of the eleven 3rdparty agencies accredited by the NC Building Code Council.
2. Scope of work
The latitude to use technical design professionals was granted to E&BS by DOl last fall, only for particular L&L
cases, including:
Old equipment or "grandfathered" equipment issues
Assemblies not listed, but with listed components
Selected foreign equipment labeling issues
Other atypical field conditions
The detail of technical design professionals work will address the Alternate Listing, attached. Other observed
deficiencies in compliance with minimum requirements of the NC Electrical Building Code or safety from shock or
fire hazards must be addressed as well.
..
..
3. Sealing of reports
Field reports to E&BS must contain the PE seal and signature. In the case of SETA-AC Testing, we will accept
only 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 Professionals
By 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)
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..
If you require clarification regarding this amendmentto our L&L policy, feel free to contact Gerald Harvell (336-3523),
Paul Reed (336-3521) or myself (336-3827).
PEOPLE.
700 North Tryon Street.
PRIDE.
PROGRESS
Charlotte, North Carolina 28202 . (704)336-2831 . Fax (704)336-3839
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MECKLENBURG COUNTY
Engineering & Building Standards Department
February 22, 2000
Alternate Listing
Listing and Labeling Policy
1. Wiring methods
2. Overcurrent protection
3. Grounding
4. Conductor size (branch circuit, feeder)
5. Termination of conductors (circuit size, or protected by supplemental overcurrent devices)
6. Wire bending space in equipment and disconnects
7. Proper disconnects installed
8. Marking on controllers
9. Temperature limitation oflugs on utilization equipment
10. Temperature limitation of conductors in utilization equipment
11. Thermal protection of motors
12. Operational temperature limits of equipment
13. Wiring methods inside of equipment
14. 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
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PEOPLE.
700 North Tryon Street.
PRIDE.
PROGRESS
Charlotte, North Carolina 28202 . (704)336-2831 . Fax (704)336-3839
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