Just out of curiosity, which reg would you quote to warrant an unsatisfactory rating for the ELCB? I assume you would code this as a C2.
That is also some thing I would like to know, I would say a TT installation without an ELCB must be a fail, and that would be C2, with a TN not so cut and dried, the electrical safety council say the old Wilex fuse box can still be used, so they do seem to be saying lack of ELCB is not an automatic failure, but the Emma Shaw case shows where had there been a RCD even at 300 mA then she would not have died, so one can show that lack of ELCB is "potential dangerous" so one can hardly say an inspector is wrong giving a code C2 for lack of ELCB, even if the cause of death was given as use of semi-skilled inspection and testing, and there were a whole host of other faults.
But where an ELCB exists but is not 30 mA @ 40 mS then it gets rather hard to show "potential dangerous", I would say an ELCB-v would fail as not reliable, too easy to be shorted out, but if we look at the Emma Shaw case she has phone some one for advise, and has said how there are sparks, so one would assume there was a fair current going to earth, so likely it would have tripped a 300 mA ELCB. Over 300 mA the ELCB tends to be settable so can't be used where an ordinary person is in control, and 300 mA is the size stipulated for fire protection, although tradition it seemed 100 mA was the normal size, and the S type so time delay, but even with a 30 mA @ 40 mS in the main you will get full current for 10 mS even 20 mS so you still get a nasty belt, so in the main the 30 mA trips before some one touches live parts due to water, it does not help that much if the body is the first path to earth.
So what are the chances of a 30 mA drain which would not reach 100 mA making some thing live so "potential dangerous"? I would say that was very low, likely as low as a type AC compared with type A, so if going to fail a 100 mA RCD then with inverter drive washing machines and fridge/freezers etc, also one should fail if a type AC RCD fitted. Maybe we should? But in real terms I would say yes code C3 and bring attention to the problem, but not code C2.
The type AC and type A also needs consideration to size of circuit, with all RCBO even with type AC should DC freeze one device, it is only one and all other circuits are still protected, and with a TN supply the risk is very low, however once one combines circuits and you have many circuits on one RCD then the risk is increased, and with a 100 mA RCD on all circuits it is possible the back ground leakage could be 70 mA OK unlikely, but if that was the case, then the 100 mA RCD would offer same protection as an array of 30 mA RCBO's.
So I can't see how one can really fail an installation due to 100 mA rather than 30 mA. So look forward to seeing the reasons why one would fail an installation due to 100 mA instead of 30 mA, yes code C3 in the same way as code C3 for type AC where there are inverter drives, but not code C2.