It's always a violation ... and it may not be.

That is the best answer.

The panelboard manufacturers test *their* breakers in *their* panelboards when the panelboards are tested, listed and labeled *and that labeling* rules for that panelboard.

UL does, however, "Classify" breakers made by one manufacturer for use in other manufacturers panelboards, and those breakers go through rigorous testing.

The catch is:

a) To follow the listing and labeling *of the listed and labeled panelboard*, only the breakers specified for use in that panelboard on that panelboards labeling are allowed to be used in that panelboard. LU says so. It really is that plain and simple.

b) To follow the listing and labeling *of the classified breakers*, they can be installed in any panelboard included in their compatibility list. UL says so. It really is that plain and simple.

c) The manufacturer of the panelboard which has *other than their own* breakers in it will deny any warranty coverage on that panelboard should anything happen. That means that the deep pockets will be gone should anything happen. Just read what Jim Pauley with Square D stated: "Square D's position is simple. Our panelboards are clearly marked with what circuit breakers are permitted to be installed. Installation of anything contrary to that marking will void our warranty and we will certainly make that point loud and clear should something go wrong with the installation." It really is that simple.

Huh? "It really is that simple."? Yep.

If you want to replace your deep pockets for those of the manufacturer of the panel, go ahead and 'not write them up'.I'm sure that Siemens (as one example) will gladly step in and back you should a problem occur when their breakers are installed in a Square D panelboard and Square D backs out of the picture. Just call them and ask them. And, by the way, if they do say they will back you - get it in writing.

Then ask your attorney if you can rely on that to protect you. I suspect your attorney's response will be something like 'Possibly, but you will likely have to sue them to get them to back up their letter.'

Just how deep are your pockets? Do you want to take the chance and find out?

Jim Katen, Oregon says: "it’s not a violation" (using a classified breaker within their compatibility list even though the breaker is being used in a panel which does not list that breaker in its listing and labeling)

Jerry Peck, Florida says: "it's a violation of the panelboard listing" (using breakers not included in the listing) and "it's not a violation of the breaker classification" (using classified breakers within their compatibility list)

Jerry Peck, Florida also says: "if you put one 'it is a violation' and one 'it is not a violation' together, you still have one 'it is a violation' "

If the electrician want to overrule you, tell them to get it in writing from the AHJ.

If the AHJ states it is okay in writing, don't change your report, but keep that letter in your file and put it with your report, for both you and your client - your client may need it when they go to sell. The AHJ can overrule you, let them, but remember: they can't be sued, you can. "It is still a violation."

In my opinion, if UL wants to allow breakers in a panel other than those tested, listed and labeled for the panel when the panel was tested, listed and labeled, ... let UL change the wording on the original panel listing and labeling and state: "or any breaker UL classifies in the future for use in this panel". In which case, it would no longer be a violation.

But, I have to wonder just how many manufacturers of panelboards would test and list and label to that revised wording, knowing that they would have no control over the breakers to be used in their panel.

Square D? I seriously doubt it.

Siemens? I seriously doubt they would want Square D to make breakers for their panels and for those Square D breakers to be installed in their panels. I suspect they would take the same stance that Square D is taking.

Added with edit: Think of it this way - If you take two pure breed dogs and mate them, will you get a pure breed dog? Of course not, you will get a mutt. Neither parent will take responsibility for the damages done by the mutt.

Same thing when combining a different brand breaker in a panel not listed and labeled for that breaker. Neither manufacturer will take responsibility for damages.

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Jerry Peck, Construction / Litigation Consultant
Construction Litigation Consultants, LLC ( www.ConstructionLitigationConsultants.com )