Bob, Hoping you don't mind, I redid your two quotes and made them a tad easier to read.
Part 1:
9-84 Log #1962 NEC-P09
Final Action: Reject
(404.2(C) (New) )
__________________________________________________ ______________
TCC Action: It was the action of the Technical Correlating Committee that this Proposal be reported as “Reject” because less than two-thirds of the members eligible to vote have voted in the affirmative.
Submitter: Vince Baclawski, National Electrical Manufacturers Association (NEMA)
Recommendation: Add text to read as follows:
404.2 Switch Connections
(C) Switches Controlling Lighting Loads. Where switches control lighting loads supplied by a grounded general purpose branch circuit a grounded circuit conductor shall be provided at the switch location.
Substantiation: There are electronic control devices that require a standby current to maintain the ready state of the device. This allows immediate switching of the load to the “on” condition. These devices require this standby current when they are in the “off” state, i.e., when no current is flowing to the load. The typical design of these devices may utilize the grounding conductor for the standby current flow. These products are commonly used for lighting control. In many, if not most installations, a grounded conductor is not provided in the switch box.
This forces the design of these control devices to utilize the grounding conductor to conduct the standby current. This has been tacitly acknowledged as an operational necessity by a number of UL Standards, which permit up to a 0.5 ma ground leakage current. The design of the devices available on the market today use this ground leakage provision in the UL standard as the means for providing a path for the standby current that is required for the operation of the product.
The lack of a grounded conductor in the switch box forces the use of the grounding conductor for the operation of the device. Product designers have no reasonable option but to accommodate the lack of a grounded conductor by relying on the grounding conductor. Installers will continue to use the grounding conductor in lieu of the grounded conductor when there is no grounded conductor available in the switch box.
Many lighting control devices are installed as a means of realizing significant energy savings associated with the control of lighting circuits. Due to escalating energy costs and the increased recognition and adoption of energy saving codes, it is expected that there will be a substantial increase in the installation of these products. In order to promote the use of these products, the NEC should recognize an installation practice that requires the appropriate circuit conductor to be available for the standby operation of the control device.
Although the current design of many lighting control devices relies on the grounding conductor for conducting current, adopting this proposed requirement will ensure that future designs will take advantage of the presence of the grounded conductor in the switch box and no longer compel the design of the product or installation practice to use the grounding conductor to conduct the standby current. The availability of a grounded conductor will also promote the design of many new and improved lighting control products.
Panel Meeting Action: Reject
Panel Statement: The proposed requirement is a design issue and is the responsibility of the installer, and the associated cost should be a choice of the consumer, not the code panel. See 90.1(B) and (c). Switches with grounded circuit connections should only be used where a grounded conductor is present. These devices should not be connected to equipment grounding conductors per Part VI of Article 250. The panel agrees that this is a concern but that a more appropriate solution would be to require manufacturers of products needing additional grounded conductors to provide appropriate, clearly visible warnings and instructions on their packaging and installation instructions.
Number Eligible to Vote: 11
Ballot Results: Affirmative: 6 Negative: 4
Ballot Not Returned: 1 de Vega, H.
Explanation of Negative:
BELISLE, R.: My notes indicate that CMP-9 was surprised to learn that manufacturers are designing switches that operate with low level currents flowing on the grounded conductor, and when that is not present, by default, the equipment grounding conductor. This appears entirely legal and deemed safe in a singular installation. The problem lies in the fact that most aftermarket switches and homeowner modifications are not installed in just one location, but several throughout the home and the combined effect of what was a safe minimal current on the EGC is now additive to create a serious shock hazard.
The submitter’s proposal is all-inclusive and probably not necessary for commercial and industrial applications, as wiring methods would typically permit the addition of a grounded conductor to those specific modified locations. The proposal has merit and should be considered with the additional language of “ In dwelling locations, switches controlling lighting loads supplied by a grounded general purpose branch circuit.
LEMAY, T.: There are many safety and convenience benefits to the electrical system of an occupancy having a grounded circuit conductor available at an outlet control point when the control point is wired using a cabled wiring method. There are many control devices currently on the market, such as occupancy sensors, power line carrier devices, and surely more to come that require the use of a grounded circuit conductor for their operation. There are instances where the branch circuit could be extended from the switch box to provide additional outlets or power to other loads in the area of the switch.
There are also instances where the installation of a multi-level controlled luminaire or paddle fan/light assembly are not contemplated at rough in and installed after the fact by the end user, requiring an additional insulated control conductor. This rule would provide for a means to accomplish that task. I have seen where the equipment grounding conductor was used as a part of a switch loop system. Additionally, devices that use the equipment grounding conductor for their operation produce objectionable leakage current in the ground return path.