Page 14 - Builder Brief June 2021

CODES & STANDARDS
NEW ELECTRICAL CODE REQUIREMENT CAUSING BIG PROBLEMS IN THE FIELD
The Texas Department of Licensing & Regulation (TDLR) held an emergency meeting
Originally published at nahbnow.com
The Texas Department of Licensing & Regulation (TDLR) held an emergency meeting in May to consider delaying the implementation of a section of the 2020 National Electrical Code (NEC) after numerous electric failures were reported in the state related to a new requirement.
At issue was section 210.8(F) of the 2020 NEC which requires a ground-fault circuit interrupter (GFCI) breaker to be installed on connections between a new home’s electrical system and the air conditioning condenser unit – the part of the HVAC system that resides outside. GFCI breakers are specialized devices that prevent electrocutions in homes by quickly tripping the circuit when a potential electrocution event is detected.
But before the 2020 NEC, GFCIs were not required for condenser connections, and as such, HVAC manufacturers had not engineered their products for such a connection. After Texas adopted the 2020 NEC in full, home builders and their HVAC contractors in the state began to follow the code’s requirements, including section 210.8(F).
Home owners and builders in Texas immediately began reporting issues with the GFCI breakers tripping when the air conditioner ran, sometimes multiple times each day, as the GFCI breakers are incompatible with HVAC units. The state recognized the need for emergency action with summer bearing down.
“The threat of air conditioning and other cooling systems failing and malfunctioning due to this incompatibility poses an imminent threat to Texans’ safety,” said TDLR Assistant General Counsel Doug Jennings at the meeting. “There is no question.”
The TDLR Commission ultimately voted unanimously to delay the requirements of section 210.8(F) until Jan. 1, 2023. The Texas Association of Builders‘ VP of Regulatory Affairs, Ned Muñoz, testified at the emergency meeting and his work was instrumental in addressing and resolving this issue.
Incompatibility the Result of the Code Development Process
The building code development process is a deliberate and collegial affair with input from various stakeholders and the public. The voices of end users of building codes, home builders, engineers, product manufacturers, public safety officials, and
many others are heard in a multi-step process before a new model code edition is finalized. But there are opportunities for undue influence in the process.
To bolster the case for a code change, the proponents of the change offer real-world examples of why the code is needed, called substantiation. The substantiation for section 210.8(F) included a very unfortunate incident where someone was electrocuted by an outdoor condenser unit. But the investigation of the incident revealed that the new requirement would not have prevented the tragedy as the HVAC unit was on an older home and installed incorrectly by an unlicensed service provider. There was no substantiation involving a home built to recent code or work done correctly by licensed professionals.
Proponents of code changes are quite often manufacturers of the products that will solve a “problem.” In fact, the chief electrical inspector for Texas, Jerry Daniel, noted in this week’s hearing that the panel that approved section 210.8(F)
14 JUNE 2021 | GREATER SAN ANTONIO BUILDERS ASSOCIATION