Code Change

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SixxGunzz

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Location
North Dakota
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Electrician
We are currently into the 2023 code update, as I look at where different states are in the code adoption, it baffles me that most states are still in the 2017 code cycle. My question is, why do we have a 3-year code update, but most states are lagging so far behind in the code cycle?
 

rbalex

Moderator
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Location
Mission Viejo, CA
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Professional Electrical Engineer
Because even though it's called the National Electrical Code, it isn't a local code until it is locally adopted and the "mills of the gods grind slow."
 

hbiss

EC, Westchester, New York NEC: 2014
Location
Hawthorne, New York NEC: 2014
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EC
Also, many states just don't consider it that important to go through the trouble of adopting a new code every three years. Kinda like "if it ain't broke, don't fix it."

-Hal
 

Dennis Alwon

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Chapel Hill, NC
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I think Kansas is still on the 2008. I guess they are happy with those rules....The NEC doesn't rule the states. If the state wants to write their own code then they can do that rather than use the NEC... That would be nuts so you see a lot of amendments in some areas like NYC, Chicago, etc
 

don_resqcapt19

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Illinois
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retired electrician
I think Kansas is still on the 2008. I guess they are happy with those rules....The NEC doesn't rule the states. If the state wants to write their own code then they can do that rather than use the NEC... That would be nuts so you see a lot of amendments in some areas like NYC, Chicago, etc
Chicago's 2018 electrical code, their newest, is the 2017 NEC with 150 pages of amendments. The amendments have been incorporated into the code and it is even published by the NFPA now as the Chicago Electrical Code.
 

mtnelect

HVAC & Electrical Contractor
Location
Southern California
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Contractor, C10 & C20 - Semi Retired
I think Kansas is still on the 2008. I guess they are happy with those rules....The NEC doesn't rule the states. If the state wants to write their own code then they can do that rather than use the NEC... That would be nuts so you see a lot of amendments in some areas like NYC, Chicago, etc

It's my understanding that if a state adopts the NEC, any amendment must be more restrictive and not less restrictive ?
 

don_resqcapt19

Moderator
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Location
Illinois
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retired electrician
In my opinion ... That could leave the states vulnerable legally.
That has been litigated and there is no issue for units of government.

However in civil suits, the EC has been held liable for not installing to the most recent nationally recognized standard in a few cases.
 

mtnelect

HVAC & Electrical Contractor
Location
Southern California
Occupation
Contractor, C10 & C20 - Semi Retired
That has been litigated and there is no issue for units of government.

However in civil suits, the EC has been held liable for not installing to the most recent nationally recognized standard in a few cases.

I agree ... The NFPA does quite extensive research with all the code committees before adopting a code change. That research could be used as evidence in a lawsuit.
 

tom baker

First Chief Moderator & NEC Expert
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Location
Bremerton, Washington
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Master Electrician
I agree ... The NFPA does quite extensive research with all the code committees before adopting a code change. That research could be used as evidence in a lawsuit.
That is not always the case.GFCI requirements were added for water coolers with no technical substantiation. And look at the issues with outdoor heat pumps tripping GFCIS
 

don_resqcapt19

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Staff member
Location
Illinois
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retired electrician
I agree ... The NFPA does quite extensive research with all the code committees before adopting a code change. That research could be used as evidence in a lawsuit.
While it has happened in few cases, it is pretty rare for that to happen.

The NFPA has nothing to do with the code changes other than providing a platform for the CMPs to write the code. The CMPs write the code based on Public Inputs and Public Comments, then the code is adopted by a vote of the NFPA members. There is no real research done by the NFPA other than what is done when there is an appeal made on a code change. That typically ends up with the Standards Council making a decision, but in at least one case it went to the US Supreme Court.
 

mtnelect

HVAC & Electrical Contractor
Location
Southern California
Occupation
Contractor, C10 & C20 - Semi Retired
That is not always the case.GFCI requirements were added for water coolers with no technical substantiation. And look at the issues with outdoor heat pumps tripping GFCIS

I was thinking of the states that excluded AFCI/GFCI. If someone got electrocuted, the family could sue that state. Not to mention the states that "Slow Walking" code updates.
 
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gadfly56

Senior Member
Location
New Jersey
Occupation
Professional Engineer, Fire & Life Safety
I was thinking of the states that excluded AFCI/GFCI. If someone got electrocuted, the family could sue that state. Not to mention the states that "Slow Walking" code updates.
I doubt it. The states have sovereign immunity, and anyone who installs to the code is likely to prevail in any claim.

My personal feeling is that the code panels need to slow their roll, back to a 5 or even 6-year cycle. Anything exciting that comes up can be handled with a TIA.
 

jim dungar

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Location
Wisconsin
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PE (Retired) - Power Systems
In my opinion ... That could leave the states vulnerable legally.
Are you saying states cannot legally enact their own laws and regulations?

Other than having the word National in its title, what general federal legislation mandates the use of NFPA anything?
 
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