1 of 1 DOCUMENT. NEW JERSEY REGISTER Copyright 2008 by the New Jersey Office of Administrative Law. 40 N.J.R. 5900(a)

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1 1 of 1 DOCUMENT NEW JERSEY REGISTER Copyright 2008 by the New Jersey Office of Administrative Law VOLUME 40, ISSUE 20 ISSUE DATE: OCTOBER 20, 2008 RULE PROPOSALS COMMUNITY AFFAIRS DIVISION OF CODES AND STANDARDS 40 N.J.R. 5900(a) Proposed Amendments: N.J.A.C. 5: C and 3.16 Click here to view Interested Persons Statement Uniform Construction Code Electrical Subcode Authorized By: Joseph V. Doria, Jr., Commissioner, Department of Community Affairs. Authority: N.J.S.A. 52:27D-124. Calendar Reference: See Summary below for explanation of exception to calendar requirement. Proposal Number: PRN Submit written comments by December 19, 2008 to: Michael L. Ticktin, Esq. Chief, Legislative Analysis Department of Community Affairs [page=5901] PO Box 802 Trenton, NJ Fax Number: (609) The agency proposal follows: Summary The proposed amendment to N.J.A.C. 5: C simply corrects an outdated cross reference to the electrical subcode. The reference to "1996 National Electrical Code" is being replaced with a reference to the "electrical subcode." The proposed amendments to N.J.A.C. 5: include the following technical amendments to the National Electrical Code (NEC)/2008: 1. The proposed amendments at N.J.A.C. 5: (a)1 and 2i update the reference to the Electrical Subcode to the most current edition, the National Electrical Code/2008 (NEC/2008). Other than the sections listed below, the NEC/2008 is being proposed without modification. More specifically, Article Arc-Fault Circuit Interrupters, Article Critical Operations Power Systems, Articles 406.8(A) and (B) - Weather-Resistance Receptacles, Article Tamper-Resistance Receptacles and Article Wiring Methods are proposed without modification.

2 2. The proposed amendment at N.J.A.C. 5: (a)3 updates the reference to the most current edition of the electrical safety code for area lighting installed by electric utilities, the 2007 National Electrical Safety Code. 3. At N.J.A.C. 5: (b)3i, Article 210.8(A)(2) and (5), entitled Branch Circuits, are proposed for deletion. The NEC/2005 had exceptions from this requirement for specified spaces, including garages; receptacles in the ceiling that are not readily accessible; dedicated receptacles, such as those behind refrigerators; and receptacles in unfinished basements. The NEC/2008 deleted the exceptions because, although the receptacle might not be accessible, the appliance is accessible. There is no substantiation that people have been harmed by opening their freezer or by their garage door opener. Therefore, the exception from NEC/2005 for (A)(2) and (5) is proposed to be retained. 4. At N.J.A.C. 5: (b)4iv and v, Articles and (C); and (C); and (C); and (C); and (C), unsupported raceways, are deleted. The over-riding question addressed in these sections is how far from boxes the raceways must be supported. The NEC/2008 has changed the requirement to 18 inches; this change was not adequately supported and did not include a logical explanation. Therefore "or permitted to be unsupported in accordance with (C)" is proposed for deletion in subsection.30 of each of the above sections and subsection (C) itself is also proposed for deletion in all of the applicable sections. The effect of this amendment is to retain the provisions of NEC/ At N.J.A.C. 5: (b)5ii and iii, the existing amendments to Section and Section are proposed for deletion. This deletion would reinstate the requirements of Section concerning Arc Fault Circuit Interrupters (AFCI), which is discussed more fully in item 6 below. It would also reinstate the requirements of Section concerning conductors for recreational vehicles in accordance with the recently adopted park model subcode (N.J.A.C. 5:23-4D). 6. At N.J.A.C. 5: (b)7, the language that requires equipotential bonding grids is proposed for deletion. The NEC/2008 extends the requirement to create an equipotential bonding grid for any kind of walking surface, but accepts a single copper wire circling the pool as meeting the requirement. Therefore, although the requirement is extended, it is also made easier and more cost effective. The requirement would apply where there is grass, sod, wood chips, or gravel, or similar surfaces. Because meeting the requirement would not increase cost and would increase safety, this provision of the NEC/2008 is proposed for adoption. 7. Proposed new N.J.A.C. 5: (b)7i, provides that a new section of NEC/2008, Article , which contains requirements for communication outlets in a dwelling unit, be deleted. The NEC/2008 requires that a phone jack be installed in all dwelling units. This is not a reasonable requirement. There is no permit required and consequently there are no inspections for this work in a Class 3 building where no fire-rated assembly is penetrated; a permit and inspections are required for installations in a Class 1 or Class 2 buildings. In addition, there is a general move toward wireless installations. A phone jack might not be needed and, therefore, should not be required. The Department considers this a design issue and proposes that this section be deleted. In addition to these amendments to NEC/2008, there are several new sections of NEC/2008 that are proposed for adoption. These changes are: 8. NEC/2008, Article Arc Fault Circuit Interrupters (AFCI): The NEC/2008 expands the areas where AF- CIs would be required. They would be required everywhere except kitchens, bathrooms, and garages. The old arguments--that there are not many manufacturers, that AFCI are not generally available, and that they increase cost without a concomitant increase in safety--are obsolete. AFCI are available and no longer add to the overall cost of the house, so this section of NEC/2008 is retained. 9. NEC/2008, Article 708--Critical Operations Power Systems (COPS): This section deals with operability of power sources in an emergency. It does not specify who makes the determinations. It works the way that an emergency system works--it is not a requirement unless and until the State decides to scope it, but if the owner decides to install this system, the electrical subcode official must inspect it to be sure that it is installed according to code. 10. NEC/2008, Article 406.8(A) and (B)--Weather-resistant Receptacles: The NEC/2008 requires weather-resistant receptacles to be marked. Supplies of properly marked weather-resistant receptacles are readily available and the cost is minimal for the benefit it provides. The receptacle should be labeled as "weather-resistant" or "WR" visible on the receptacle with the face plate on. The Department proposes this safety enhancement for adoption. 11. NEC/2008, Article Tamper-resistant Receptacles: The NEC/2008 requires tamper-resistant receptacles. The receptacle must be marked "TR," which must remain visible after installation. Consumer Product Safety Commis-

3 sion (CPSC) data show that approximately 24,000 children are taken to an emergency room for the treatment of electric shock or burns annually. In addition, studies show that existing caps can be removed too easily--a three-year old can remove a cap within 15 seconds. The insertion force for a tamper-resistant receptacle is less than that required for a standard receptacle, so no problem using these receptacles was found for people for whom increased force could have been a problem. The receptacle requires that parallel blades be inserted at the same time. The Department proposes that this provision of the NEC/2008 be accepted. 12. NEC/2008, Article Wiring Methods: The NEC/2008 removed the additional equipment grounding requirement. The use of armored cable (AC) is allowed and no insulated ground is required by Section The Department proposes that this provision of the NEC/2008 be accepted because allowing the use of additional wiring methods, without compromising safety, helps control the cost of construction. As the Department has provided a 60-day comment period on this notice of proposal, this notice is exempted from the rulemaking calendar requirement, pursuant to N.J.A.C. 1:30-3.3(a)5. Social Impact The proposed amendments would have a positive social impact because, by maintaining consistency throughout the code and adopting the most up-to-date standards, the Department is able to provide a single, clear, and modern set of technical standards for all construction in New Jersey. Economic Impact The Department expects the proposed amendments to have a positive economic impact because implementation of current and coherent standards would contribute to the cost-effectiveness, as well as the safety, of construction. Federal Standards Statement No Federal standards analysis is required because the amendments are not being proposed in order to implement, comply with, or participate in any program established under Federal law or under a State law that incorporates or refers to Federal law, standards, or requirements. Jobs Impact The Department does not anticipate that any jobs would be created or lost as a result of the proposed amendments. Agriculture Industry Impact The Department does not anticipate that the proposed amendments would have any impact on the agriculture industry. Regulatory Flexibility Analysis The Department does not expect the proposed amendments to impose any reporting or recordkeeping obligations, or any adverse compliance obligations, on any entities, including those that are "small businesses," as defined by the New Jersey Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The proposal requirements are described in the Summary above. No such entities would be required to obtain professional services as a result of adoption of the proposed amendments that they would not have to obtain otherwise. There is no basis for differential treatment of small businesses because these are building/safety requirements. Smart Growth Impact Adoption of the proposed amendments would not have any consequences for the achievement of smart growth or the implementation of the State Development and Redevelopment Plan. Housing Affordability Impact As indicated in the Economic Impact statement, the Department does not expect the proposed amendments to have any adverse economic impact. Thus, the amendments would not impose any significant impact because there is an extreme unlikelihood that it would evoke a change in the average costs associated with housing.

4 Smart Growth Development Impact As indicated in the Economic Impact statement, the Department does not expect the proposed amendments to have any adverse economic impact. Thus, the amendments would not impose any significant impact because there is an extreme unlikelihood that it would evoke a change in housing production within Planning Areas 1 and 2 or within designated centers under the State Development and Redevelopment Plan. Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]): 5: C Use and occupancy of swimming pools, spas and hot tubs (a) It shall be unlawful to continue the use and occupancy of a swimming pool, spa or hot tub until a copy of a valid bonding and grounding certificate has been made available to the construction official, the pool, spa or hot tub has been inspected, and an electrical certificate of compliance has been issued. This requirement shall apply to any swimming pool, hot tub or spa located on any property other than one or two-family residential property and includes, but is not limited to, pools, hot tubs or spas open for the use of members, residents or the public. 1. The electrical certificate of compliance shall be issued annually by the local enforcing agency upon the presentation of a valid bonding and grounding certificate, satisfactory completion of an inspection by the electrical subcode official and payment of an inspection fee. This certificate shall be evidence that, based upon a visual inspection, the wiring in or around the pool pump and associated electrical equipment is free from electrical safety hazards, and meets the applicable requirements of the [1996 National Electrical Code] electrical subcode (No change.) (b) (No change.) 5: Electrical subcode (a) Rules concerning the subcode adopted are as follows: 1. Pursuant to authority of P.L. 1975, c. 217, as modified by P.L. 1996, c. 53, the Commissioner hereby adopts the model code of the National Fire Protection Association, known as "The National Electrical Code [2005] 2008" as the electrical subcode for New Jersey. i. (No change.) 2. The National Electrical Code [2005] 2008 may be known and cited as "the electrical subcode." i. Codes and standards referenced in the Fine Print Notes (FPNs) of the electrical subcode (NEC [2005] 2008) shall be considered adopted by reference to the extent prescribed by each related section. These codes and standards also are printed in DCA Bulletin [#06-2] #08-1, which contains a list of adopted codes and standards that are applicable to the enforcement of the electrical subcode. 3. The Commissioner hereby adopts the National Electrical Safety Code (ANSI C2-[2002]2007) for the installation of area lighting facilities by an electric utility on private property on metal poles with an underground electric feed. i. (No change.) (b) The following chapters or articles of the electrical subcode are amended as follows: (No change.) 3. Chapter 2 of the electrical subcode, entitled "Wiring and Protection," is amended as follows:

5 [i. Section (B) of Article 210, entitled "Branch Circuits," is amended to insert the following sentence at the end of the section, "This requirement shall be considered optional."] i. Section (A)(2) and (5) of Article 210, entitled Branch Circuits, is deleted; it is replaced by Section 210.8(A)(2) and (5) and the exceptions in the National Electrical Code 2005 as follows: "210.8(A)(2) - Garages, and also accessory buildings that have a floor located at or below grade level not intended as habitable rooms and limited to storage areas, work areas, and areas of similar use. Exception No. 1 to (2) - Receptacles that are not readily accessible. Exception No. 2 to (2) - A single receptacle or a duplex receptacle for two appliances located within dedicated space for each appliance that, in normal use, is not easily moved from one place to another and that is cord-andplug connected in accordance with 400.7(A)(6), (A)7, or (A)(8). Receptacles installed under the exceptions to 210.8(A)(2) shall be considered as meeting the requirements of (G) (A)(5) - Unfinished basements: For purposes of this section, unfinished basements are defined as portions or areas of the basement not intended as habitable rooms and limited to storage areas, work areas, and the like. Exception No. 1 to (5) - Receptacles that are not readily accessible. Exception No. 2 to (5) - A single receptacle or a duplex receptacle for two appliances located within dedicated space for each appliance that, in normal use, is not easily moved from one place to another and that is cord-andplug connected in accordance with 400.7(A)(6), (A)7, or (A)(8). Exception No. 3 to (5) - A receptacle supplying only a permanently installed fire alarm or burglar alarm system shall not be required to have ground-fault circuit-interrupter protection." 4. Chapter 3 of the electrical subcode, entitled "Wiring Methods and Materials," is amended as follows: i.-iii. (No change.) iv. In Section , Intermediate Metal Conduit, "or permitted to be unsupported in accordance with (C)" shall be deleted; in Section , Rigid Metal Conduit, "or permitted to be unsupported in accordance with (C)" shall be deleted; in Section , Rigid Polyvinyl Chloride Conduit, "or permitted to be unsupported in accordance with (C)" shall be deleted; in Section , Metallic Tubing Reinforced Thermosetting Resin Conduit, "or permitted to be unsupported in accordance with (C)" shall be deleted; and in Section , Electrical Metallic Tubing, "or permitted to be unsupported in accordance with (C)" shall be deleted. v. Subsection (C) shall be deleted from each of the following sections: Section , Intermediate Metal Conduit, Section , Rigid Metal Conduit, Section , Rigid Polyvinyl Chloride Conduit, Section , Metallic Tubing Reinforced Thermosetting Resin Conduit, and Section , Electrical Metallic Tubing. 5. Chapter 5 of the electrical subcode, entitled "Special Occupancies," is amended as follows: i. (No change.) ii. Part II of Article 550, entitled "Mobile Homes, Manufactured Homes, and Mobile Home Parks" comprising sections through is deleted. Section shall be retained. (1) Exception--Part II is retained in its entirety in the case of mobile/manufactured homes undergoing repair, renovation, or alteration.

6 [page=5903] [(A) Section is amended to add the following sentence at the end of the section: "This requirement shall be considered optional."] iii. In Article 551, entitled "Recreation Vehicles and Recreation Vehicle Parks," delete from the title the words "Recreational Vehicles and." [(1) Section is amended to delete the phrase "within or on recreational vehicles" on line 4.] [(2)] (1) (No change in text.) iv. (No change.) 6. Annex [G] H of the electrical subcode, entitled "Administration and Enforcement," is deleted in its entirety. [7. Chapter 6 of the electrical subcode, entitled "Special Equipment," is amended as follows: i. Section (C), entitled "Equipotential Bonding Grid," is amended to add the phrase "conform to the contours of the pool and shall" before the word "extend" and to add the words "within or" after the word "extend" in the first paragraph. Insert the following paragraph immediately following the first paragraph: "Exception: The equipotential bonding grid shall not be required to be installed under the bottom of or vertically along the walls of vinyl lined polymer wall, fiberglass composite, or other pools constructed of nonconductive materials. Any metal parts of the pool, including metal structural supports, shall be bonded in accordance with (B). For the purposes of this section, poured concrete, pneumatically applied (sprayed) concrete, and concrete block, with painted or plastered coatings, shall be considered conductive material." ii. Section (C)(1), is amended to add the phrase "or deck" after the word "pool". Add a new last sentence as follows: "Where deck reinforcing steel is not an integral part of the pool, the deck reinforcing steel shall be bonded to other parts of the bonding grid using a minimum 8 AWG solid copper conductor. Connection shall be per (D)."] 7. Chapter 8 of the electrical subcode, entitled "Communication Systems," is amended as follows: i. Section , entitled "Dwelling Unit Communications Outlet," is deleted in its entirety. (c) (No change.)