Association Addresses Problematic Electrical Code Provision and Pool Proximity
By Phil Crone, Executive Officer
Dallas Builders Association
A new requirement in the 2020 National Electric Code, effective statewide in the fall, and now being adopted locally by several cities, has a significant flaw. Specifically, Section 210.8(F) requires GFCI protection for air conditioning and heat pump equipment. Normal operation of this equipment, within UL standards, can trip the GFCI device rendering the equipment inoperable.
This poses an obvious health and safety risk to homeowners in the coming summer months. The problem has begun to manifest in the Houston area and will likely do the same here when summer eventually arrives.
Fortunately, the National Association of Home Builders, Leading Builders of America and the Texas Association of Builders have responded quickly as have state regulators. Following an emergency meeting on May 18, the Texas Department of Licensing and Regulation voted unanimously to suspend enforcement of Section 210.8(F) until Jan. 1, 2023. Per the commission’s rules, the emergency order must be renewed every 120 days. We expect it will be until the commission enacts a permanent rule delaying enforcement until 2023.
Association staff are in touch with the building officials who comprise the leadership of the Regional Codes Coordinating Committee through the Council of Governments (RCCC). We expect the set of 2021 regional amendments to follow TDLR. We are also reaching out specifically to cities that have or soon will adopt the 2020 NEC.
If electricians are installing GFCI protection per this provision, builders are likely to experience challenges in those communities. Therefore, we urge you to make your team aware of this issue and the state’s delayed enforcement that became effective on May 20.
Another note on codes. A number of builders have expressed concerns with homeowners installing pools, post construction, in close proximity to the foundation leading to warranty calls and possible failures.
In response, the Dallas BA is working with the RCCC to add a new provision to the regionally-adopted International Pool and Spa Code. Specifically, swimming pool depth shall maintain a 1:1 ratio from the nearest building foundation or retaining wall, meaning that the edge of a 5-foot deep pool must be at least 5 feet away from the foundation. Installations closer than this ratio require a sealed engineered drawing.
This amendment was modeled off of existing policies in several cities. We feel it is a good starting point to ensure the issue is considered in several area jurisdictions.