NEC 406.4(D)(4)

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iggy2

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I'm surprised this has not come up, but a search for "406 etc. seems to yield nothing....

406.4(D)(4) reads: "Arc Fault Circuit Interrupter Protection. Where a receptacle outlet is supplied by a branch circuit that requires AFCI protection as specified elsewhere in this Code, a replacement receptacle shall be one of the following: (1) A listed outlet branch circuit type... (2) A receptacle protected by a .... (3) A receptacle protected by..." (emphasis added)

My question is - does replacement of a non-GFI kitchen countertop receptacle with a GFI receptacle trigger the requirement that the receptacle outlet have AFCI protection? The branch circuit is existing (and happens to be a multi-wire circuit), and is not being "modified, replaced or extended". Since the branch circuit is existing, it does not require AFCI protection "elsewhere in this code", and I do not see where the AHJ can force this existing circuit to now be AFCI protected (which he has).

Does anyone have any official guidance on this? Preferably from NFPA, IAEI, etc.??

As a side note, since the receptacle must be GFCI, the only way to accomplish AFCI protection is via the circuit breaker; but since that is a multiwire circuit, the AFCI must be a 2 pole CB (or have a handle tie). I'm not sure if a 2 pole AFCI can be used on a multi-wire circuit, or if a 1 pole AFCI and 1 pole non-AFCI handle-tied can be used on a multi-wire circuit....
 
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Yes...it put a stop to that whole argument of...

"elsewhere in this Code"

Here is some options iggy that Mike Holt just posted in his recent Questions and Answers email...

Effective January 1, 2014, where a receptacle outlet is supplied by a branch circuit that requires arc-fault circuit-interrupter protection [210.12(A)], a replacement receptacle at this outlet must be one of the following [406.4(D)(4)]:

(1) A listed (receptacle) outlet branch-circuit type arc-fault circuit-interrupter receptacle.

(2) A receptacle protected by a listed (receptacle) outlet branch-circuit type arc-fault circuit-interrupter type receptacle.

(3) A receptacle protected by a listed combination type arc-fault circuit interrupter type circuit breaker.


Along with permit fees and the materials...a simple receptacle replacement costs $100's now...
 
As a side note if you request and happen to get a formal code interpretation from the NFPA it will be a yes or no response. Nothing more.

This interpretation came from the Board of Fire Prevention Regulations and also is answered in a YES or NO format. See Massachusetts Amendment on 90.6

527 CMR 12.00; Massachusetts Electrical Code Interpretations go through the BFPR.

I believe the BFPR sends interpretations down to the Massachusetts Code Advisory Committee for discussion on interpretations. IMO the committee decided this one on the intent of the Code rule...and looked past the inadvertent language..."elsewhere in this Code."

Appeals in Massachusetts under MGL c.143 section 3P go thru the BFPR interpretation process also.

AFCI's are here to stay.
 
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