CITY COMMISSION AGENDA ITEM

Department:	Planning & Development Services		Commission Meeting Date:  4-18-2017
Staff Contact:	Barry Walthall, Kurt Schroeder
Recommendations/Options/Action Requested:
Consider amendments to the Lawrence Electrical Code to modify requirements for wiring methods and arc-fault circuit-interrupters for multi-family dwellings. Adopt on first reading Ordinance No. 9346, which amends the Electrical Code (Chapter V, Article 4) to allow non-metallic cable as a wiring method for multi-family dwellings exceeding three stories in height; and to require increased fire protection by expanding the scope of branch wiring being protected with arc-fault circuit-interrupters, if appropriate.
Executive Summary:		In early 2016, the City adopted the 2014 edition of the National Electrical Code (NEC) as the Electrical Code for all buildings except one- and two-family residential dwelling construction and remodeling, with an effective date of July 1, 2016.  The 2014 edition of the NEC was amended to eliminate non-metallic sheathed cable (NM cable) as an approved wiring method for any non-residential structure, and any residential structure exceeding three floors; and to reduce requirements for arc-fault circuit-interrupters (AFCI’s) in dwelling units to only be required to protect branch wiring in sleeping rooms. NM cable has a long history of limited use in the NEC, but as requirements for fire protection systems and other protections have improved since the mid-1990’s the code has expanded the allowed uses for NM cable.  Prior to the 2002 NEC, NM cable was prohibited as a wiring method for residential structures exceeding three stories in height.  The 2002 NEC and each subsequent edition has allowed NM cable as a wiring method for wood frame residential structures regardless of the number of stories. AFCI’s are a relatively new technology that first appeared in the 1999 edition of the NEC, with a condition that AFCI’s be installed to protect branch wiring supplying bedrooms on and after January 1, 2002.  An AFCI is a device that is intended to provide protection from the effects of arc faults by de-energizing the electrical circuit when the characteristics of an arc fault are detected by the device.  Arc faults are a common occurrence in an electrical system and are produced by turning on light switches, or turning on appliances or devices that are plugged in to wall outlets.  These types of arc faults are recognized as benign and do not cause the AFCI device to de-energize the circuit.  Other types of arc faults may be caused by damage to the wiring system, such as nails or screws that damage wires or appliances or devices with faulty internal wiring.  When these unintended arc faults occur the damaged wiring should be repaired or faulty equipment, appliances or devices should be repaired or replaced. Many in the building industry and electrical trade within the City have been critical of AFCI technology, which is reflected in amendments to the NEC since AFCI’s first appeared in the 1999 NEC.  Subsequently, wiring methods have been similarly restricted in conjunction with requirements for lesser AFCI protection than required in each code edition since the 2002 NEC.  The NEC is updated every three years, and the requirements for AFCI’s have expanded in every code edition since first appearing.  Concerns were that the devices are too costly and have a tendency toward “nuisance” tripping.  Staff opinion is that when the technology was first introduced there may have been valid concerns about the reliability of the AFCI devices.  Over the past eighteen years the technology has improved, manufactures of electrical appliances and devices have improved their manufacturing processes so that new products do not routinely cause AFCI devices to activate and at the national level there are no known current issues with the technology.  There remains some local concern that AFCI’s may not work properly when wired in series with Ground-Fault Circuit-Interrupter devices (GFCI’s), which is reflected in the proposed ordinance by limiting the requirement for kitchens and laundry areas where wiring is protected by GFCI devices.  The cost concern is more than offset by allowing a much less costly wiring method (NM cable). The proposed ordinance allows wiring methods recognized by the NEC as safe when installed with appropriate fire protection components, including AFCI protection, fire sprinkler systems, dwelling unit fire-resistance compartmentalization, and fire alarm systems.  Staff support of the proposed reduction on restrictions on the use of NM cable is conditioned on the increased fire safety provided by AFCI protection of the branch wiring. Subsequently, per letter dated March 15, 2017, David Everhart of Latimer Sommers & Associates requested the Lawrence Electrical Code Board of Appeals (ECBA) to consider an amendment to the Electrical Code that would modify amendments to the 2014 NEC regarding wiring methods and AFCI protection for multi-family dwellings.       On March 30, 2017, staff and the proponent presented the proposed, above-outlined modifications to the Electrical Code to the ECBA for review. The ECBA voted 5-1 to modify the restrictions on NM cable as proposed, and 4-2 to modify the requirements for AFCI protection to extend to family rooms, dining rooms, living rooms, parlors, libraries, dens, bedrooms, sunrooms, recreation rooms, closets, hallways or similar rooms or areas, to recommend that the City Commission immediately adopt the proposed amendments, which are set forth in attached Ordinance No. 9346.
Strategic Plan Critical Success Factor		Collaborative Solutions
Fiscal Impact (Amount/Source):		The fiscal impact to the City is $0.
Attachments:		Ordinance No. 9346 Incorporation by Reference 3-28-17 Memorandum to the Electrical Code Board of Appeals 3-15-17 Letter from David Everhart of Latimer Sommers & Associates 3-30-17 Draft Electrical Code Board of Appeals Meeting Minutes

Reviewed By: (for CMO use only)

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