Okla. Admin. Code § 748:20-10-6

Current through Vol. 42, No. 3, October 15, 2024

Section 748:20-10-6 - NEC®2023 Article 90 Introduction

Article 90 of the Oklahoma adopted NEC® 2023, includes the following Preamble at the very beginning of the chapter:

(1) Pursuant to 59 O.S. § 1000.23, the OUBCC has adopted the NEC® 2023 as amended and revised by the OUBCC, as the minimum code to be used by all entities for commercial electrical construction in jurisdictions throughout the State of Oklahoma. However, the OUBCC's adoption of Article 90 "Introduction" of the NEC® 2023 is for continuity purposes and the OUBCC's adoption of Article 90 recognizes the methods of best practice in fully implementing the statewide minimum code for commercial electrical construction.

(2) All provisions of the adopted NEC® 2023, including Article 90, as amended and revised by the OUBCC, are hereby established and adopted as the statewide minimum code for commercial electrical construction in Oklahoma pursuant to 59 O.S. § 1000.23, which may only be amended or altered pursuant to Oklahoma law. However, the provisions of Article 90 adopted herein are only intended to be in force and effect to the extent that the respective provisions do not conflict with State law or the lawful exercise of code administration and enforcement jurisdiction by entities empowered to do so pursuant to applicable law.

(3) The OUBCC's adoption of Article 90 in this manner is made with the recognition that the legal authority granting state and local code administration and enforcement jurisdictions the power and discretion to administer and enforce codes arises from Oklahoma laws governing those jurisdictions. Furthermore, the OUBCC also recognizes that many state and local code administration and enforcement jurisdictions have already created, or have the lawful authority to create, departments, offices and administrative policies pursuant to various applicable laws and other adopted model codes with "Introduction" provisions similar to Article 90 of the adopted NEC® 2023.

(4) This limited adoption of Article 90 is made in recognition of the authority and discretion possessed by jurisdictions to administer and enforce building codes. Exercising such authority and jurisdiction in a manner inconsistent with Article 90 must be supported by Oklahoma law. Code administration and enforcement jurisdictions shall not use the OUBCC's limited adoption of Article 90 to circumvent the remainder of the requirements established by the Oklahoma adopted NEC® 2023 and the OUBCC will strongly oppose any such practice.

Okla. Admin. Code § 748:20-10-6

Reserved by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 8/3/2020

Adopted by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/14/2021

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/14/2022

Amended by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 9/14/2024