It seems the decision is ultimately in the hands of the Authority Having Jurisdiction (AHJ), as long as "equivalent objectives can be achieved" using the device.
National Electrical Code 2008
ARTICLE 100 Definitions
Approved. Acceptable to the authority having jurisdiction.
Authority Having Jurisdiction (AHJ). An organization, office, or individual responsible for enforcing the requirements of a code or
standard, or for approving equipment, materials, an installation, or a
procedure.
ARTICLE 110 Requirements for Electrical Installations
110.2 Approval. The conductors and equipment required or permitted by this Code shall be acceptable only if approved.
ARTICLE 90 Introduction
90.4 Enforcement. This Code is intended to be suitable for mandatory application by governmental bodies that exercise legal
jurisdiction over electrical installations, including signaling and
communications systems, and for use by insurance inspectors. The
authority having jurisdiction for enforcement of the Code has the
responsibility for making interpretations of the rules, for deciding
on the approval of equipment and materials, and for granting the
special permission contemplated in a number of the rules.
By special permission, the authority having jurisdiction may waive
specific requirements in this Code or permit alternative methods where
it is assured that equivalent objectives can be achieved by
establishing and maintaining effective safety.
This Code may require new products, constructions, or materials that
may not yet be available at the time the Code is adopted. In such
event, the authority having jurisdiction may permit the use of the
products, constructions, or materials that comply with the most recent
previous edition of this Code adopted by the jurisdiction.
While these devices may or may not be approved by the AHJ, they are not the best solution available. They do not prevent the user from overloading the generator, since the load selection is made by the user dynamically during operation. The better, safer solution, is to install manual or automatic transfer switches. This allows you to pre-select the loads making it a more user friendly solution.
Best Answer
"not grounding things" has been tried. Gets people killed. The problem is, what happens in case of a ground fault? That is where current leaks from one of the hot wires to a surface you can touch. What keeps a ground fault from energizing the entire side of the building?
Without a proper ground, you leave to Providence what happens next. And lots of people get electrocuted this way, and it starts fires. Your generator has a steel skid or landing gear, yes? What happens when it rains? Now the impedance between your building and generator case is much lower, and now electrocution risks exist that weren't there in the dry. With a ground,
Why not an isolated system? Two problems. #1, you need a maintenance program wherein staff electricians regularly checking for your first ground fault, or else you'll be blindsided by the second that completes the circuit. #2, you must engineer it to be an isolated system, which means you can't use common, off-the-shelf gear intended for grounded systems - it is disallowed to use gear contrary to its labeling and instructions (since it was only tested and listed for uses conforming to the instructions). The world of the Electrical Code is based on hard-won experience.