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  1. #1
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    Default Child proof /tamper resistant outlets

    I inspected a house today where the owner was replacing all the outlets and switches to new "pretty white" devices.

    I noticed that the outlets where not tamper resistant. Are tamper resistant outelts now required in the code?

    If yes:

    1. Where in the code is this referenced?
    2. Is it required for replacement outlets in an existing circuit or box?

    Thanks

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  2. #2
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    Default Re: Child proof /tamper resistant outlets

    Quote Originally Posted by Ken Amelin View Post
    I inspected a house today where the owner was replacing all the outlets and switches to new "pretty white" devices.

    I noticed that the outlets where not tamper resistant. Are tamper resistant outelts now required in the code?

    If yes:

    1. Where in the code is this referenced?
    2. Is it required for replacement outlets in an existing circuit or box?

    Thanks
    The code section is:
    - 2008 NEC
    - - 406.11 Tamper-Resistant Receptacles in Dwelling Units.
    - - - In all areas specified in 210.52, all 125-volt, 15- and 20-ampere receptacles shall be listed tamper-resistant receptacles.

    Technically, if they are replacing the receptacles, *and if the 2008 NEC is in effect in your area*, technically ... yes, the receptacles should be the tamper-resistant types being installed.

    There will be some arguments and viewpoints that it is 'not required' to replace them with tamper-resistant receptacles, and, while that is true, replacing the receptacles is "new work" and "new work" is covered under the latest adopted edition of the code.

    Now that I have successfully muddied the water, what was it you were asking?

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

  3. #3
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    Default Re: Child proof /tamper resistant outlets

    Jerry,

    Thanks for the very timely response. - You're great!

    I am in the middle of the inspection report and wasn't sure If I should comment on these. A licensed electrician is doing the work, so I will advise that the outlets should be replaced with tamper resistant type, for safety.

    We'll see what the response is.

    Is there a written definition for new work or is this your interpretation?


  4. #4
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    Default Re: Child proof /tamper resistant outlets

    Quote Originally Posted by Ken Amelin View Post
    Is there a written definition for new work or is this your interpretation?
    Ken,

    It requires a permit, it is therefore "new work" - "new work" is not defined in the codes, it is used to represent "work which is not existing", and "work which is not existing" is ... well .. what else can it be other than "new work"?

    From the 2006 IRC. (only copied down to electrical and electrical exemptions) (underlining is mine)
    - SECTION R105
    - - PERMITS
    - - - R105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.
    - - - R105.2 Work exempt from permit. Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
    - - - - Electrical:
    - - - - - Repairs and maintenance: A permit shall not be required for minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

    You will notice in the above work exempt from permit that the exempted work is limited to replacing lamps and connection to approved permanently installed receptacles - thereby leaving 'the replacement of those receptacles' out of the 'exempt from permit' exemption. And that work exempt from a permit IS NOT exempt from having to meet code.

    Does anyone ever pull a permit to replace receptacles? No. Will the electrician laugh at supposed to be pulling a permit? Yes. However, the code states ... now, if the building official wants to get involved and ISSUE A WRITTEN LETTER on building department letterhead that replacing receptacles does not require a permit, so be it, ... but the electrician STILL needs to install the new tamper-resistant receptacles has HE is obligated to follow the code and that says that only those are to be installed.

    Provided, of course, that the 2008 NEC is in effect, but, nonetheless, are not the tamper-resistant receptacles *safer* and thus should be installed regardless? Yep, when one gets technical about it, sure is.

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

  5. #5
    A.D. Miller's Avatar
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    Default Re: Child proof /tamper resistant outlets

    JP probably has these on his Fleet of Cats. Doors and ignitions.


  6. #6
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    Default Re: Child proof /tamper resistant outlets

    One could also make an argument based on 406.3 (D)
    It does not specify that one must "upgrade" if only replacing the outlets

    (D) Replacements. Replacement of receptacles shall comply with 406.3(D)(1), (D)(2), and (D)(3) as applicable. (1) Grounding-Type Receptacles. Where a grounding means exists in the receptacle enclosure or an equipment grounding conductor is installed in accordance with 250.130(C), grounding-type receptacles shall be used and shall be connected to the equipment grounding conductor in accordance with 406.3(C) or 250.130(C).

    (2) Ground-Fault Circuit Interrupters. Ground-fault circuit-interrupter protected receptacles shall be provided where replacements are made at receptacle outlets that are required to be so protected elsewhere in this Code.

    (3) Non–Grounding-Type Receptacles. Where attachment to an equipment grounding conductor does not exist in the receptacle enclosure, the installation shall comply with (D)(3)(a), (D)(3)(b), or (D)(3)(c).

    (a) A non–grounding-type receptacle(s) shall be permitted to be replaced with another non–grounding-type receptacle(s).

    (b) A non–grounding-type receptacle(s) shall be permitted to be replaced with a ground-fault circuit interrupter-type of receptacle(s). These receptacles shall be marked “No Equipment Ground.” An equipment grounding conductor shall not be connected from the ground-fault circuit-interrupter-type receptacle to any outlet supplied from the ground-fault circuit-interrupter receptacle.

    (c) A non–grounding-type receptacle(s) shall be permitted to be replaced with a grounding-type receptacle(s) where supplied through a ground-fault circuit interrupter. Grounding-type receptacles supplied through the ground-fault circuit interrupter shall be marked “GFCI Protected” and “No Equipment Ground.” An equipment grounding conductor shall not be connected between the grounding-type receptacles.


  7. #7
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    Default Re: Child proof /tamper resistant outlets

    Quote Originally Posted by ken horak View Post
    One could also make an argument based on 406.3 (D)
    One sure could, and that argument would be the words highlighted in bold red: (D) Replacements. Replacement of receptacles shall comply with 406.3(D)(1), (D)(2), and (D)(3) as applicable.

    And, being as none of those "are applicable", that section does not apply.

    Thank you for pointing that out, Ken.



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

  8. #8
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    Default Re: Child proof /tamper resistant outlets

    sure it's applicable -
    1) Grounding type ......
    They are Replacing Grounding type receptacles with new grounding type receptacles(and I'm willing to bet they are attaching the grounding conductor.)
    This section of the NEC covers Replacing receptacles and it does not say anything about having to comply with 406.11 tamper resistant receptacles.
    If they are ADDING outlets then it needs to comply with 406.11 - Just replacing existing receptacles need not comply with 406.11


  9. #9
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    Default Re: Child proof /tamper resistant outlets

    Ken,

    It is not applicable TO THE QUESTION, it only addresses: (see bold red text)

    Quote Originally Posted by ken horak View Post
    (D) Replacements. Replacement of receptacles shall comply with 406.3(D)(1), (D)(2), and (D)(3) as applicable. (1) Grounding-Type Receptacles. Where a grounding means exists in the receptacle enclosure or an equipment grounding conductor is installed in accordance with 250.130(C), grounding-type receptacles shall be used and shall be connected to the equipment grounding conductor in accordance with 406.3(C) or 250.130(C).
    And they ARE "grounding-type receptacles" and they ARE properly grounded.

    Thus, that section is NOT APPLICABLE to the question about being tamper-resistant or not.

    Quote Originally Posted by ken horak View Post
    This section of the NEC covers Replacing receptacles and it does not say anything about having to comply with 406.11 tamper resistant receptacles.
    If they are ADDING outlets then it needs to comply with 406.11 - Just replacing existing receptacles need not comply with 406.11
    Where does it say "ADDING outlets"?

    I cannot find that in 406.11.

    It does not say "adding", it does not say "new" it says "In all areas" and "shall be listed tamper-resistant receptacles."

    Thus, if you are removing and replacing a receptacle, what type of receptacle is required to be there?

    A "tamper-resistant" type.

    Clue me in where it says differently, looking for education on this.

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

  10. #10
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    Default Re: Child proof /tamper resistant outlets

    After sitting through an 8hr. CEU class today in Electrical systems, we were told to never address these as "child proof" receptacles but as "tamper resistant" type receptacles.

    rick


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