Falling Behind - Nfpa

FALLING BEHINDon Electrical SafetyOutdated requirements can also pose roadblocks tonew technologies and to the goals those technologies enable, like the increased use of renewable energy sourcesand improved energy efficiency. Updates to the NEC canenable new technology, such as energy storage systems(ESS), which analysts predict will be the key to advancing a renewable energy future. Anticipating greater useof ESS, the 2017 NEC has provisions guiding the installation of a wide variety of ESS technologies in homesand commercial settings. ESS not only hold the key forgreater use of renewables but may also minimize theneed to construct new power plants, potentially savingmillions of dollars.Photovoltaic (PV) panels provide another example ofhow the NEC supports new technology. As the efficiencyof PV panels has improved, energy providers are considering larger systems to supply wholesale power. While theNEC has long considered building-integrated PV systems,the 2017 NEC includes provisions specifically for theselarge-scale PV electric power production facilities with ageneration capacity over 5000 Kilowatts, helping designers, installers, and inspectors ensure they meet minimumsafety requirements and making their installations morecost efficient.DEVELOPMENT OF THE NECAs shown in the figure at the bottom of page 4, eachupdate to the NEC is the product of an extensive processof stakeholder input, dedication from participants, and aprocess marked by checks and balances that ensures nosingle group of stakeholders can dominate. Importantfeatures of the process include:» T he involvement of over 500 experts who represent tendifferent stakeholder categories. For the 2017 NEC, theseparticipants collectively contribute 35,000 hours of timeto meetings facilitated by NFPA staff.» P ublic participation in the form of over 5,500 public comments, accepted at two different stages in the developmentprocess. Anyone can submit a comment through NFPA’sonline system and each comment must be considered.» B alance requirements which govern the participation onthe NEC code making panels as well as the number ofvotes needed to approve a change to the code. No morethan one third of each NEC code making panel can becomprised of stakeholders representing a single stakeholder category, preventing dominance by any one group. Inaddition, any changes require the approval of two thirds ofthe panel member before they can become part of the code.Adoption Duration in Months: Northeast5

FALLING BEHINDon Electrical SafetyAdoption Duration in Months: SouthAdoption Duration in Months: MidwestGraphs show the number of months from availability of updated NEC edition to the date on which it went into effect in each state. The striped bars indicate that theadoption process for that particular code is ongoing or the effective date is not yet official. Note: Arizona, Kansas, Nevada, Illinois, Missouri, and Mississippi are notpictured above. In those states, electrical code decisions are made solely at the county level. The states of Alabama, Texas, Tennessee, and Maryland, which are picturedabove, rely on statewide adoptions for some applications but authorize counties (or cities) to adopt and enforce their own codes. Data current through January 20186

FALLING BEHINDon Electrical SafetyAdoption Duration in Months: West»O pportunities to appeal code provisions to dis-interestedparties, such as the independent NFPA Standards Council.REVIEW OF STATE ADOPTION PRACTICESAdoption DataCurrently 44 states adopt a statewide electrical code,generally following some type of administrative processto do so. In other states, electrical safety is governedthrough a patchwork of county- or local-level rules. Aspictured in the graphs above, the number of monthsbetween the availability of the updated NEC“It was the lesser of twofrom NFPA (typically,evils. Give them this andthe August before theget the majority of thetitle year) and the efcode or fight for it andfective date enforced bylose all of it. We had toa state for the updatechoose our battles tovaries widely.win the war.”The data reveal—Interview Participantthat about one thirdof the states shownabove have skipped one or more of the updates thatwere available for 2008, 2011, and 2014. In addition,while the average length of time between the availabilityof each update and its enforcement date is nearly thesame for 2008, 2011, and 2014—23, 23, and 24 monthsrespectively—there is considerable variation at the statelevel that correlates with different adoption practices, asdiscussed below.Role of SpecialistsTo facilitate code update review and promulgation, statestypically rely on one of the following: a dedicated electricalregulatory board that is composed entirely of professionalswithin the electrical field, a more generalized constructionboard that is responsible for the adoption of all construction codes, or a state agency.200820112014With Electrical Board151313Without Electrical Board282931Average adoption duration, monthsStates without dedicated electrical boards were twotimes as likely to skip an update over the past threeNEC cycles as those with such boards. (see Appendix Afor breakdown of state practices). States with electricalboards also tend to adopt new updates in roughly half thetime as states that do not rely on an electrical board.Most states require electricians, electrical contractors,and/or electrical inspectors to be licensed, often under requirements set by an electrical board. Those states which7

FALLING BEHINDon Electrical Safetyleave licensing decisions to the local level take over threeyears to adopt NEC updates, if they are adopted at all.Prioritization of the NECThe NEC is just one of several nationally developed codesthat impact construction. Other codes include those forresidential and commercial building, energy conservationand plumbing. Some states use the building code’s reference to the NEC as the electrical code for the state. Otherstates move to adopt all of the codes at one time. Thecodes are developed by different organizations and adhereto different publication schedules. States that packagetheir code adoptions inevitably are much further behind intheir adoption of the NEC.200820112014NEC adopted with other codes 312931NEC adopted independently191816Average adoption duration, monthsINSIGHTS FROM INTERVIEWSTo gain a greater understanding of the strengths and challenges of the electrical code update process, the Policy Institute commissioned 27 in-depth interviews with professionals who had served oncode promulgating boards“My goals were to getor commissions in theit adopted withoutpast five years, but whoamendment. Somewere no longer serving.things I agreed toThe interviews, conductedamend, but only whenvia phone (19) or onlinethey are stricter thansurvey (8), sought thethe code.”experiences and insights—Interview Participantof participants from acrossthe U.S. In addition, theresearchers engaged a follow-up focus group of five of the27 participants to further discuss their experiences withthe NEC adoption process.Growing Political PressuresSurvey and interview participants expressed concernsover the growing influence of politics in the electricalcode update adoption process. Some relayed that legislators were increasingly circumventing the committees andboards responsible for code adoption and worried thatsafety decisions were being made more political in natureand not on the basis of expertise. Such involvement, theynoted, tended to delay adoption and dilute safety standards. Moreover, some reported that content that mightraise objections was preemptively removed, regardless oftechnical merit,for the sake ofOf the states that have amoving forwarddedicated electrical board,with the update.Across theboard, interviewand survey parhave skipped an NECticipants notedupdate over the last threethat the homecycles, compared tobuilding industrywas the most vocal constituencyfor states that do notdriving politicalhave an electrical board.involvement andcontributing todelays through demands for exhaustive reviews and political pressure. Nevertheless, they recognized the importanceof including builders and other voices in the adoption process to ensure their concerns were addressed. The morefamiliar the interviewee or survey participant was with theNEC development process, the more likely they were to bein favor of adopting the NEC without amendment, seeing itas the product of extensive input of stakeholders who workin a consensus process.Along with these insights, the trend of growing political influence in code adoption is also reflected in a number of bills introduced in state legislatures over the pastseveral years. These bills seek to lengthen code updatecycles for all construction codes or make other changes inthe code update process.11only 211ExpertiseThe study participants universally agreed that thecentral role of the boards they served on was safety, andthey praised the high professionalism and dedicationof their board colleagues. They also stated that committees needed diversity to be successful, representingeach related industry. However, many of the participantsnoted the growing difficulty in recruiting new membersto the time-consuming, volunteer positions. They alsoexpressed concern about attracting younger individualsto the code adoption process and into taking a greaterinterest in the code. Further, there was concern that politics and special interests were increasingly influencingboard appointments, resulting in appointees who actedwith less autonomy.8

FALLING BEHINDon Electrical SafetyNarrow Focus on CostsThe interview and survey participants frequently notedthat concerns about costs associated with code compliancerequirements dominated discussions of NEC adoptions,particularlyby home“Serving on the board in my statebuildinghas been the highlight of myinterests. Thecareer, and it’s been an honorfocus on costgetting to work with such expertsoften slowedand leaders in my field”down the up—Interview Participantdate adoptionprocess andresulted in the removal of safety requirements. Further,costs were not considered in the context of benefits, leaving the discussion one-sided.Recommendations for PolicymakersThe NEC is an important tool for reducing the risk of electrical fires and injuries. Adopting NEC updates, withoutamendments that weaken safety provisions, is the bestway for policymakers to advance safety and technologyand to protect people and property from electrical hazards.Citizens expect that the codes followed in their states andcommunities are the most current and contain these latestadvances. Following the recommendations below, policymakers can better meet these expectations.Ease Political Pressure:Leverage the National ProcessElected officials naturally want to ensure laws and regulations are in the best interests of their constituents. However, time-consuming, line-by-line scrutiny of updates to theNEC may veer from those interests. Because the nationalprocess draws extensive, nationwide participation andupholds principles of consensus and balance, states canrely on it to advance safety without creating unnecessaryburdens. Changes to the nationally developed documentsought through political pressure may create undue risks.Instead of taking risks, elected officials should direct specialinterest groups to the NEC development process whereanyone can participate.Rely on Experts: Establish an Electrical Boardand Statewide Licensing for ElectriciansNot only does the NEC draw expertise at the nationallevel, it draws it at the state and local level, too. As highlighted by interviews and surveys, individuals directingthe code adoption are professionals interested in promoting safety. When technical disagreements do arise in theNEC update adoption process, the public is well servedby these independent, skilled experts. Especially givenconcerns about the ability to recruit professionals to servein time-consuming volunteer roles, all efforts should bemade to attract the best in the state, including consideration of compensation for time and travel expenses. Also,given that states where electrical boards are responsiblefor adoption tend to act more quickly to adopt updates,as do states with licensure requirements for electricians,states should consider both of these measures as ways toengage and foster electrical expertise in service to publicexpectations regarding electrical safety codes.Established state electrical boards vary in the numberof representatives who serve but generally have a similarcomposition. Electrical boards should have at least thechief electrical inspector from a jurisdiction within thestate, an electrical contractor operating within the jurisdiction, a licensed professional engineer engaged primarily in the design or maintenance of electrical installations,and a journeyman electrician.12 These individuals,“We would go throughtypically appointed byevery single codethe governor, should bechange. We’d si[f]tchosen solely on the basisthrough the code pieceof skill, experience, andby piece and the legisprofessional reputation.lature wanted to know—In addition, some stateswhat is a legitimatealso include on theirchange? What type ofchange was it? Was itboards any of the followa clarity type change?ing: a representative fromIf not, what type ofa power utility operatingmonetary value or costwithin the state, a masterto the consumer? Theyelectrician, a fire marshalwere big on that—HUGEor chief, a representativeon that here . . .”from the property/casu—Interview Participantalty insurance industry, atelecommunications contractor, a representative from an electrical manufactureror distributor, a member of the labor organization thatrepresents the electrical workforce, a representative of atelecommunications utility operating in the jurisdiction,and a member of the public unaffiliated with any otherrepresented group.Under most statutes, these boards are directed to adoptthe NEC and updates by rule and are empowered to adoptregulations that establish statewide standards for theconstruction, installation, and maintenance of electricalfacilities and performance of electrical work. A numberof statutes also require that the code adopted by theboard “conform as nearly as practicable to the National9

FALLING BEHINDon Electrical SafetyElectrical Code, National Fire Protection AssociationStandard # 70” (MRS §1153-A).Electrical boards are often also charged with establishingthe qualifications necessary for electrical inspectors andelectricians and overseeing the administration of those requirements. In addition to supporting the development ofskilled labor, statewide licensing for electricians promotesuniformity and efficiency throughout the state.Through statewide licensing and electrical boards,states can adopt NEC updates more efficiently and fosterthe professional interest needed to facilitate up-to-dateregulations.Prioritize Regular, Statewide Adoptionof the NEC UpdatesThe NEC is just one of several nationally developed codesthat govern construction. States that adopt the NEC aspart of a package with other codes, take at least 10 monthslonger to do so. Because waiting to adopt the updated NECwith other codes creates inevitable delays in advancing electrical safety and technology, states should begin the processof NEC adoption as soon as it is available (typically Augustof the year before the title year). Furthermore, states shouldconsider statutory language that regularizes this review. Forexample, the state of Washington requires that “Prior toJanuary 1 of each year, the Director [of the Department ofLabor and Industries] shall obtain an authentic copy of theNational Electrical Code, the latest revision. The Department, after consulting with the [state electrical] Board andreceiving the Board’s recommendations, shall adopt reasonable rules in furtherance of safety to life and property . . .”(RCW §19.28.031). This language ensures that the stateregularly adopts NEC updates.Finally, as discussed above, most states adopt the electrical code on a statewide basis; counties or other localgovernment jurisdictions are granted limited leave to amendthe code adopted at the state level. However, in a minorityof states, counties or municipalities are responsible forthe adoption. This patchwork leaves some state residentsunprotected by the latest safety advances that people inneighboring counties may already be using. In addition, italso fails to take advantage of a key benefit of a national-level code—economic efficiency through uniformity. Thus,statutory language should ensure that the NEC, and adoptedupdates, cover all electrical installations, maintenance, andwork statewide.Consider Costs Holistically and in ContextPolicymakers are understandably concerned with thecosts that regulations can impose on the constituents theyserve, with some states imposing rigorous cost analysisrequirements on code update processes.13 Because it coversall electrical installations, cost implications may varyingdepending on the context, adding costs to some types ofinstallations but reducing it for others, making cost generalizations difficult to assess. More importantly though, inthese analyses, most states are not considering the safetybenefit alongside the cost. Every year, electrical-relatedfires are responsible for over 2 billion in direct propertylosses and are responsible for an average of 61,000 fires,resulting in 432 deaths. Improvements made through thecode are an important means for reducing these losses.Updates to the code also benefit worker safety. While benefits are more difficult than costs to quantify, they shouldnot be ignored.End Notes1 ampbell, Richard. Electrical Fires. National Fire Protection Association (2017), at 1, ell, supra note 1 at 13G arrett, Robert; Kyle, Susan. An Evaluation of the U.S. Consumer Product SafetyCommission’s Electrocution Reduction Program. U.S. Consumer Product SafetyCommission (2002) p. 9: ell, supra note 1 at 195Campbell, supra note 1, at 16Campbell, supra note 1, at 197Campbell, supre note 1, at 1, 198 .S. Consumer Product Safety Commission National Electronic Injury SurveillanceUSystem (https://www.cpsc.gov/cgibin NEISSQuery/Home.aspx), queried for “electrical outlets or receptacles” in 2016.9C itation found in: acles-trrs-20510I n cost impact analyses performed by the Utah Uniform Building /844.html) and the North CarolinaBuilding Code Commission (http://www.ncdoi.com/OSFM/Engineering and Codes/Default.aspx?field1 Codes - Current and Past&user State Building Codes#Elec),both concluded this provision, 220.12, would save over 10,000 per office buildingconstructed.11e .g., HB 316 (Utah-2016 General Session); HB 409 (Pennsylvania-Regular Session2016-2018); and SB 7000 (Florida-Regular Session 2017)12 journeyman electrician is one who has successfully completed the required apprenAticeship program and passed the Electrical Journeyman exam13S uch as Utah, which requires that all construction code adoption recommendationsmade to the state legislature include a report that “describes the costs and benefitsof each recommended change in the update or in any modifica

home electrical fires fell from 34,800 to 14,400.4 Despite these successes, from 2010 to 2014, an aver-age of 45,210 reported U.S. home fires involved electrical failures or malfunctions. These fires claimed an average of 420 lives each year and injured 1,370.5 An estimated 16,070 non-home electrical fires took place each year over 2,899 burns or