Recessed can location

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Dunc1

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I have a builder who wants me to mount a recessed can in an attic access hole. This would be a old work 6" can. I do think this will violate the NEC but I can not find the code reference to quote him.
 
Dennis Alwon

Dennis Alwon

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Location
Chapel Hill, NC
Occupation
Retired Electrical Contractor
How would you fasten the wire within 12". It is similar to a ceiling tile setup but it is the access hole. I would use the fact that the wire need stapling withing 12"
 
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