Betzwood Associates PC

The New Jersey Uniform Construction Code Advisory Board announced the proposed adoption to the 2011 National Electrical Code (NEC). The Board reviewed and approved the proposed amendments to the 2011 NEC recommended by the Electrical Subcode Committee. The recommendation includes the deletion of some existing amendments, which have been incorporated into the 2011 NEC and the addition of others where new requirements were added to the 2011 NEC. Public comments are welcome and should be submitted by March 3, 2012 to:

Amy Fenwick Frank
Division of Codes and Standards
PO Box 802
Trenton, NJ 08625-0802
Fax Number: (609) 633-6729
Email: AFrank@dca.state.nj.us

Following are some of the proposed actions:

Adding a sentence to the current amendment to 210.8(A)(5). The current amendments reverts 210.8(A) (2) and (5) back to the National Electrical Code 2005 text. This proposed amendment will correlate with the existing amendment to 210.8(A)(2), which clarifies receptacles installed under the exceptions to 210.8(A)(5) do not meet the requirements of 210.52(G).”

Section 210.12(B) Branch Circuit Extensions or Modifications Dwelling Units will be deleted, because it is regulated by the Rehabilitation Subcode.

The current amendment to NEC 334.10(1), which permits the use of Type NM cable in accessory buildings or structures of dwellings will be deleted, because the text is now included in the 2011 NEC.

The amendment to 300.4(A)(1) will be retained. This amendment references the building subcode for the placement of cable- or raceway-type wiring methods installed through bored holes in joists, rafters, or other wood members.

The amendment to 334.12(A)(2) will be retained. This amendment deletes this item and permits exposed Type NM cable in dropped or suspended ceilings in other than one- and two-family and multifamily dwellings.

The amendments to the support requirements in 342.30(C) Intermediate Metal Conduit, 344.30.(C) Rigid Metal Conduit, 352.30(C) Rigid Polyvinyl Chloride Conduit, 355.30(C) Metallic Tubing Reinforced Thermosetting Resin Conduit and 358.30(C) Electrical Metallic Tubing, will be deleted, because the 2011 deleted these requirements.

Section 406.4(D)(4), which requires arc-fault circuit-interrupter (AFCI) receptacles to be installed when receptacles are being replaced in a dwelling unit will be deleted, because additions, alterations and modifications are regulated by the Rehabilitation Subcode.

All current amendments to Chapter 5 Special Occupancies will be retained.

The amendment to 645.17, Power Distribution Units will be deleted, because the text is contained in the 2011NEC.

Section 680.42(B) will be deleted and replaced with the text from Tentative Interim Amendment (TIA) issued by the NFPA. This section addresses the bonding requirements for spas and hot tubs. The amendments will not require equipotential bonding of perimeter surfaces for listed self-contained spas or hot tubs that meet certain conditions.

The current amendment to 800.156 will be retained. This amendment deletes the requirement for a communications outlet in dwelling units.

At the January 18, 2012 meeting of the Pennsylvania Uniform Construction Code Review and Advisory Council (RAC) the Council voted to recommend to the Pennsylvania Legislature that a six year code adoption cycle be instituted under the Uniform Construction Code. This recommendation will require an amendment to Act 45 of 1999 (as amended), which establishes a uniform construction code imposing powers and duties on municipalities and the Department of Labor and Industry providing for enforcement, imposing penalties and making repeals. The Act also provides for the duties of RAC, which include the review of the latest triennial code revisions issued by the International Code Council. If these recommendations are accepted the 2009 I-Codes that are currently in effect, will remain in effect until at least 2015 when RAC must review changes in the 2015 I-Codes. The 2008 National Electrical Code (NEC) is adopted by reference in the 2009 Building Code and for one- and two-family dwellings the 2009 Residential Code is adopted with Electrical Provisions that are based on the 2008 NEC.

Future Outlook
Contractors and building owners of new construction, renovationing or retrofitting existing buildings know they must abide by building codes that ensure safety and protect human health. Soon, they will also have to adhere to codes designed to protect the environment, conserve energy, and preserve natural resources. The International Code Council (ICC) recently launched the International Green Construction Code (IGCC) initiative, subtitled “Safe and Sustainable: By the Book.” The IGCC aims to significantly reduce energy usage and greenhouse gases through mandatory green building design and performance in new and existing buildings. It is also intended to preserve natural and material resources in site development and land use; improve indoor air quality; and support the use of energy-efficient appliances, renewable energy systems, and water resource conservation measures.

“The new International Green Construction Code will help reduce energy use and greenhouse gases through mandatory green building design.”

Protecting the Environment
Unlike other building codes, which are intended to protect the public’s health, safety, and welfare; this complementary green code is intended to help reduce a building’s negative effect on the environment by setting minimum mandatory requirements. For example, in the code’s current version, mandatory requirements include energy performance that is 30-percent better than the 2006 International Energy Construction Code and fixture and flow fitting rates that are a 20-percent improvement over the 2006 International Plumbing Code.

It is important to note that the IGCC will not supersede or take precedent over established sustainability rating systems, such as the U.S. Green Building Council Leadership in Energy and Environmental Design (LEED®) and American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) standards. Rather, the new code will serve as an overlay to the existing International Building Codes and complement those existing standards or systems. The IGCC public comment version contains provisions for:

• Site development and land use
• Material resource conservation and efficiency
• Energy conservation and earth atmospheric quality
• Water resource conservation and efficiency
• Indoor environmental quality and comfort
• Commissioning, operation, and maintenance

Local Jurisdictions Determine Code Application
Both the IGCC and LEED rating program produce the same results and share similar categories, such as site, water, energy, materials, and indoor air quality. However, unlike LEED, which is voluntary and determined by the owner’s level of commitment, the IGCC is intended to be part of the building code enforced by those local jurisdictions that adopt it, integrating with existing international building codes to create a new regulatory baseline for green construction.

A key feature is a section devoted to “jurisdictional electives” that will allow customization of the code – beyond its baseline provisions – to address local priorities and conditions. For instance, if local area has water problems, then a jurisdiction may elect for more strict water conservation measures. Project electives within the IGCC will be determined by the jurisdiction and range from 0 to 14, depending on the level of sustainability the jurisdiction is trying to achieve.

Who will be affected?
The IGCC applies to all occupancies, but does distinguish that residential occupancies shall comply with ICC 700 National Green Building Standard and that equipment and systems primarily used for industrial or manufacturing processes shall not comply with the code. Other than those two exceptions, the IGCC applies to the design, construction, addition, alteration, change of occupancy, movement, enlargement, replacement, and repair of buildings and structures and the site on which the building is located. Like all other I-codes, the code official has the authority to render the interpretation of the code and to adopt any policies and provisions in order to clarify the code.

Schedule
The IGCC is scheduled for final publication in early 2012. Currently, public version 2.0 was released on November 3, 2010, with the following key milestones:

• Public version no. 2: November 2010
• IGCC Code change submittal deadline: January 2011
• IGCC Development hearing: May 2011
• IGCC Final action hearing: November 2011
• Final Release: Early 2012

Be Informed
The IGCC is part of the International Building Code family and is being supported and developed by:

• American Institute of Architects
• ASTM International
• American Society of Heating, Refrigerating and Air-Conditioning Engineers
• U.S. Green Building Council
• Illuminating Engineering Society

PA House Votes to Remove the Sprinkler Mandate

The House of Representatives of the Pennsylvania General Assembley voted YES on HB 377 to remove the fire sprinkler mandate in one- and two-family homes by a overwhelming margin of 154-39. Both Republican and Democrats joined together to remove the requirement that all new residential construction be equipped with a fire supression system. The action by the house, however, only removes the mandate in single family detached homes and duplexes and is NOT law as yet. The requirement to install sprinklers in new residential construction of three units or more will remain in effect if or when HB377 becomes law.

THE ACTION BY THE HOUSE DOES NOT MEAN THE LAW HAS BEEN REPEALED AS YET, BUT IS A CRITICAL FIRST STEP TOWARD OUR OVERALL GOAL OF REMOVING THE SPRINKLER MANDATE. Therefore, permits and new home construction projects applied for after January 1, 2011 must still plan to install the sprinklers until the the repeal becomes law. HB377 now goes to the state senate for their consideration. A similar bill passed the senate last session and prospects are good for action by the senate in the next month or two. We will be in touch shortly concerning the need and timing to reach out to your members of the Senate.

All but a few Western Pennsylvania legislators voted in favor of the repeal (Representative Frank Dermody and Jake Wheatly opposed). We especially want to thank House Majority Leader, Mike Turzai of Allegheny County-north hills, for his leadership in this effort. Special thanks also goes out to Democratic Caucus Chairman, Representative Dan Frankel, and others in making sure this issue did not become a partisan fight of political parties. If, during these past months, you had reached out to your representatives and encouraged them to support our cause, it is very important that you give them a call now and thank them for their support. Letting them know we are watching and appreciate their vote is an important part of the legislative and grass-roots process, especially since we may need them to vote one more time in the likelyhood that the senate amends the bill that requires the house to agree to the changes. Attached is the contact list of our local members of the state house please give them a call and say you appreciate their support for House Bill 377.