On the agenda: Phoenix meeting — Data Center (Jul 14)

1.

2:00 P.M. Meeting Of The Maricopa County Building Code Advisory Board
July 14, 2026 - Special Meeting of the Maricopa County Building Code Advisory Board at
2:00 p.m. Hybrid Meeting 301 W. Jefferson St. Suite 170 in Steel Conference Room
(limited seating) and on-line virtual meeting.
Documents:
BCAB AGENDA 14 JUL 2026.PDF
16 JUN 2026_SPECIAL MEETING MINUTES.PDF
2024 IBC DRAFT AMENDMENTS.PDF
2024 IEBC DRAFT AMENDMENTS.PDF
2024 IMC DRAFT AMENDMENTS.PDF
2024 IPC DRAFT AMENDMENTS.PDF
DRAFT 2024 IRC - ML.PDF
HBACA NAHB PROPOSED AMENDMENTS TO THE 2023 NATIONAL
ELECTRICAL CODE.PDF
HBACA PROPOSED AMENDMENTS TO THE 2024 INTERNATIONAL ENERGY
CONSERVATION CODE.PDF
HBACA PROPOSED AMENDMENTS TO THE 2024 INTERNATIONAL
RESIDENTIAL CODE.PDF
MARICOPA COUNTY 2024 BUILDING CODE IMPLEMENTATION.PDF
PUBLIC COMMENT HBAC IECC.PDF
PUBLIC COMMENT HBAC IRC.PDF
PUBLIC COMMENT HBAC NEC.PDF
STEP 1 - TA ADOPTION PROCESS STEP LIST_JULY 2026.PDF

MARICOPA COUNTY
Planning & Development Department
Building Code Advisory Board
AGENDA

14 JULY 2026 SPECIAL MEETING OF THE
MARICOPA COUNTY BUILDING CODE ADVISORY BOARD
A MEETING OF THE MARICOPA COUNTY BUILDING CODE ADVISORY BOARD, WILL
BE HELD TUESDAY, JULY 14TH, AT 2:00 P.M. IN THE PLANNING AND DEVELOPMENT
DEPARTMENT’S STEEL CONFERENCE ROOM, AT 301 WEST JEFFERSON STREET,
1st FLOOR, PHOENIX, AZ.
All items on this agenda are for Board action unless otherwise noted. Maricopa County
has an aggressive strategy to provide accessibility for all citizens to these programs,
activities, and services, as required by the American with Disabilities Act (ADA).
Accommodations for Individuals with Disabilities alternative format materials, sign
language interpretation, and assistive listening devices are available upon 72 hours’
advance notice through the Office of the Clerk of the Board, 301 West Jefferson Avenue,
Tenth Floor, Phoenix, Arizona 85003, 602-506-3766, Fax 602-506-6402, TTY 506-2000
and on the internet at https://www.maricopa.gov/357/Building-Code-Advisory-Board.
To the extent possible, additional reasonable accommodations will be made available
within the time constraints of the request.
CALL TO ORDER BY THE CHAIRMAN
ROLL CALL
APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF:
16 June 2026
REPORT OF COMMITTEES
UNFINISHED BUSINESS
NEW BUSINESS
1. Staff Updates
2. Building Code Adoption Update
a. Public Comments to date
b. Proposed Amendments
c. Public Process and Timeline
d. Possible Special Meeting 11 August 2026
OTHER BUSINESS

NEXT REGULAR MEETING
13 October 2026
ATTACHMENTS
Meeting Minutes from 16 June 2026
Public Comments
Proposed Amendments from the public
DRAFT Amendments to date
TA26001 Schedule

ADJOURNMENT

MINUTES OF THE SPECIAL MEETING
OF THE BUILDING CODE ADVISORY BOARD
DATE: June 16, 2026
TIME: 2:00 pm
MEMBERS’ PRESENT:

STAFF PRESENT:

301 W. Jefferson Street
Phoenix, AZ 85003

Mr. George Ritchie, Chairman
Mr. Tracy Finley, Vice Chairman
Mr. Tim Gable
Mr. John Kight

Mark Sipes, Chief Building Official
Mark Larson, Plans Examiner Manager
Oscar Torres, Plans Examiner Supervisor
Dan Fanter, Building Inspection Supervisor
Darren Gerard, Planning Division Manager (online)
Ronald Quarles, Senior Planner (online)
Lucia Martinez, BCAB Secretary

GUEST:

James Ashly, Home Builder Associate of Central Arizona

ABSENT:

Mr. Vince Territo

ROLL CALL
Mr. George Ritchie called the meeting to order at 2:00 p.m.
A quorum was established by 3 of the 5 members present.
APPROVAL OF MINUTES
The meeting minutes of January 13, 2025, has been approved.
Mr. Tim Gable motions to accept the minute. Mr. John Kight seconds the motion.
Approval of the minutes has passed, with a unanimous vote.
________________________________________________________________________________
REPORT OF COMMITTEES
None.
UNFINISHED BUSINESS
None.

1

NEW BUSINESS
Mr. Mark Sipes: With the untimely passing of staff member Justin Pascarella, Building Inspection Manager,
Daniel Fanter, Building Inspection Supervisor is our acting intern at this time..
Staff Updates: We have posted and are looking into recruiting for the Building Inspection Manager position.
Building Code Adoption:
Mr. Mark Sipes: Moving into the Building Code adoption, We have a dual purpose meeting, concurrent BCAB
and public notification through the EROP. overview of both the International Building Code and the NFPA National
Fire Protection Agency. NFPA 17 is the electric code that we adopt the International Building Code. Voting
members and building officials, fire marshals, code enforcement, enforcement officials and other public safety
officials. it is basically United States Code enforce throughout the United States, maybe elsewhere, but it's definitely
a code here in the States. Anybody can make proposals for their changes, but the people who actually vote on those
proposals get into the code or the code officials themselves. Anybody can make proposals for their changes, but
the people who actually vote on those proposals to get into the code are the code officials themselves. NFPA
much the same. Again, anybody can make proposals to make those changes, but it's basically the CMP on this
code making panels within the NFPA that actually pass those through. I just wanted to make that clear for any
of the public that may be wondering about the term International Building Code.
Mr. George Richie: So, before you go there, those are the same codes that are adopted by most of the suburbs
and the city of Phoenix. Maybe they're on a different year, but there's nothing unique about this list of codes
to Maricopa County relative to your sister in your jurisdictions.
Mark Sipes: Yes, that is correct. With that being said, we did brief Tom Ellsworth, our director, and I met with
the county's county supervisor and assistant county supervisor brief the board last month on the proposed building
code adoption, citing the fact that most of the other jurisdictions within Maricopa County have either switched to
the 2024, a few of them have adopted 2021. We are a few of the ones still on 2018 codes. It is difficult to get code
support from ICC on the 2018 because it's old, all our training is on 2024 right now and staff will go to take
their exams for certifications which we highly value here. They can only choose between the 2021 and 2024.
2018 is obsolete and only getting more obsolete. So, with that said, we propose that we adopt the same codes
that we currently enforce. The BC, IRC, plumbing code, mechanical codes, fuel gas code.
The IEBC, the existing building code all from the 2024 versions. The Green Code and Energy Conservation
Code voluntarily 2024 versions of the 2023 National Electric Code. With that said, the primary purpose of
today's special meeting is to let you know that we are going through, starting this code of adoption process.
Mr. George Richie: I'm just curious, since you are one of the last jurisdictions to move off of the 2018 codes,
you find your customers glad that you're still on the older codes or do they voluntarily want to build, and do
your inspectors normally inspect to some of the newer codes anyway?
Mr. Mark Sipes: Through the board last month, we took questions and the Home Builders Association,
among others, because for consistency, we are one of the few still on 2018. We are in the process of assessing
our current amendments for the moving forward to the 2024 codes. We also have received some suggested
proposed amendments from other agencies, including the Home Builders Association for us to evaluate and
we are also in the process of evaluating those against other jurisdictions have done for those adoptions because
again, we want to be very consistent, but we also want to be practical in the realm of what we enforce.

Proposed Amendments:
Mr. Mark Sipes: We are in the process of assessing our current amendments for moving forward to the 2024,
we also have received some suggested ideas proposed amendments from other agencies, including Builders
Association for us to evaluate. We are also in the process of evaluating those against what other jurisdictions
have done for those adoptions because again, we want to be very consistent, but we also want to be practical
in the realm of what we enforce.

2

Public Process and Timeline:
Mr. Mark Sipes: No timeline as of yet. As mentioned, we are in the EROP process, enhancing regulatory
process and all is posted online. The first step started with the County Manager brief, the Board of Supervisors
last month on May 11th. A couple of postings on today's special BP meeting. So, out of 10/10 step process,
we're in step #5 right now, going forward in our next meeting, July 14th, we can evaluate moving forward, we
may need a special meeting again in August depending on how things go in that meeting.

OTHER BUSINESS
Mr. James Ashley: I definitely want to recognize what I'm learning and increasingly seeing this transparent process
for the adoption and Maricopa County, I think this is very impressive timeline and in a very open transparent process.
I think that's really key to key to the updates and key to the consideration of the building codes and the amendments
and as you know we have a number of amendments that we feel were to moderate and alleviate some of the regulatory
and some of the cost burdens, and not only to be recognized by builders, but some of them are so tangible that home
owners, the buyers, are going to recognize the benefit of some of the amendments as well. So, we look forward to
those additional conversations as well. A topic that was introduced regarding the phase in period. update existing plans
from the 2018 to the 2024. You know a long time period is not only beneficial for builders, probably eight or nine
years’ worth of standard plans that they're still building in Maricopa County. But the opportunity for staff then to have
a very reasonable workflow that's not condensed into a limited time frame.

SET DATE OF NEXT MEETING
Mr. George Ritchie, Vice Chairman states, the next meeting will be on July 14, 2026.
ADJOURNMENT
Mr. John Kight motions to adjourn,
Mr. Tim Gable seconds the motion
Meeting adjourns at 2:19 pm.

MINUTES PREPARED BY: Lucia Martinez, BCAB Secretary DATE: July 7,
2026
_______________________________________________________________________
MINUTES REVIEWED BY:
Mark Sipes, Chief Building Official

3

SECTION 101.1
[A] 101.1 Title.
These regulations shall be known as the Building Code of [NAME OF JURISDICTION]
Maricopa County, hereinafter referred to as “this code.”
SECTION 101.4.3
[A] 101.4.3 Plumbing.
The provisions of the International Plumbing Code shall apply to the
installation, alteration, repair and replacement of plumbing systems, including
equipment, appliances, fixtures, fittings and appurtenances, and where connected to a
water or sewage system and all aspects of a medical gas system. The provisions of
the International Private Sewage Disposal Plumbing Code shall apply to private sewage
disposal systems.
SECTION 101.4.4
[A] 101.4.4 Property maintenance. RESERVED
The provisions of the International Property Maintenance Code shall apply to existing
structures and premises; equipment and facilities; light, ventilation, space heating,
sanitation, life and fire safety hazards; responsibilities of owners, operators and
occupants; and occupancy of existing premises and structures.
SECTION 101.4.6
[A] 101.4.6 Energy.
The provisions of the International Energy Conservation Code shall apply to all matters
governing the design and construction of buildings for energy efficiency. The
application and use of this code is optional.
SECTION 103.1
[A] 103.1 Creation of enforcement agency.
The [INSERT NAME OF DEPARTMENT] is hereby created and the official in charge
thereof shall be known as the building official. The function of the agency shall be the
implementation, administration and enforcement of the provisions of this code.
The Planning and Development Department is hereby created and the official in charge
there of shall be knows as the building official. The function of the agency shall be the
implementation, administration and enforcement of the provisions of this code.

SECTION 104.2.4.1
[A] 104.2.4.1 Flood hazard areas.
The building official shall not grant modifications to any provision required in flood
hazard areas as established by Section 1612.3 nor the Floodplain Regulations for
Maricopa County unless a determination has been made that: a variance has been
issued as specified in the Floodplain Regulations for Maricopa County.
1. A showing of good and sufficient cause that the unique characteristics of the
size, configuration or topography of the site render the elevation standards
of Section 1612 inappropriate.
2. A determination that failure to grant the variance would result in exceptional
hardship by rendering the lot undevelopable.
3. A determination that the granting of a variance will not result in increased flood
heights, additional threats to public safety or extraordinary public expense; cause
fraud on or victimization of the public; or conflict with existing laws or ordinances.
4. A determination that the variance is the minimum necessary to afford relief,
considering the flood hazard.
5. Submission to the applicant of written notice specifying the difference between
the design flood elevation and the elevation to which the building is to be built,
stating that the cost of flood insurance will be commensurate with the increased
risk resulting from the reduced floor elevation, and stating that construction below
the design flood elevation increases risks to life and property.

SECTION 105.1.1
[A] 105.1.1 Annual Facility permit.
Instead of an individual permit for each alteration to an already approved electrical, gas,
mechanical or plumbing installation, the building official is authorized to issue an
annual permit upon application therefor to any person, firm or corporation regularly
employing one or more qualified tradespersons in the building, structure or on the
premises owned or operated by the applicant for the permit. The Annual Facilities
Permit is an administrative system intended to simplify the permitting and inspection
process for qualified facilities by allowing inspectors or designated plan review staff to
review plans and maintaining inspectors familiar with the construction history of such
facilities. A qualified facility electing to participate in this program are exempt from the
requirement to obtain individual permits for the work regulated by this code when such
work does not increase the floor area, does not constitute a change of use or
occupancy classification, and is performed on existing buildings, structures, and utilities
associated with that qualified facility. This alternative permit process shall not exempt
compliance with the technical requirements of this code, the technical codes, or with
other County, State, or Federal laws, nor exempt work from inspection prior to
concealment.

SECTION 105.1.2 – 105.1.7
[A] 105.1.2 Annual permit records.
The person agent to whom an annual permit is issued shall keep a detailed record
of alterations made under such annual permit. The building official shall have access to
such records at all times or such records shall be filed with the building official as
designated.
[A]105.1.3 Definitions. For the purposes of this section, the following terms apply:
AGENT: An architect or engineer registered in the State of Arizona and who
is responsible for complying with the substantive provisions of this
Chapter. The agent, as authorized by rules established by the Arizona
Board of Technical Registration, shall assure work has been performed in
accordance with this code and the technical codes.
QUALIFIED FACILITY: A firm, corporation, or political entity engaged in
manufacturing, processing, service, or property management that
occupies and controls specialized buildings and building service
equipment to the extent that full-time personnel are required to manage,
operate, or maintain such buildings and equipment in compliance with all
the provisions of this code and the technical codes.
[A]105.1.4 Annual Facility Permit Transferability. An Annual Facility Permit is
not transferable
[A]105.1.5 Annual Facility Permit Renewal. An Annual Facilities Permit may be
renewed every twelve (12) months by payment of a renewal fee as set forth in
the Maricopa County Schedule of Fees. Additional hourly charges will be
assessed for each work project. Renewal fees shall be due and payable prior
to the permit expiration date, or a new initial application shall be required.
Work performed after the permit expiration date shall be in violation of this
code and subject to penalty.
[A]105.1.6 Annual Facility Permit Operation. The agent shall notify the Building
Official or his/her designee prior to the start of any work involving alteration of
the building structure system, alteration of any fire-resistive wall, floor, or ceiling
assembly, alteration of any fire corridor system, or installation of any structural,
mechanical, plumbing, or electrical work intended to be enclosed or concealed.
The Building Official shall determine the nature and extent of plan reviews and/or
inspections required. Maricopa County shall invoice the Qualified Facility and the
Qualified Facility shall pay for the professional services rendered as set forth in
the Maricopa County Schedule of Fees.

[A]105.1.7 Annual Facility Permit Records. The agent shall keep a detailed record
of alterations made under an Annual Facilities Permit. The building official shall
have access to such records at all times or such records shall be filed with the
building official as designated.
SECTION 105.2
[A] 105.2 Work exempt from permit.
Exemptions from permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this
code or any other laws or ordinances of this jurisdiction. Permits shall not be required
for the following:
• Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided that the floor area is not greater
than 120 square feet (11 m2).
2. Fences, other than swimming pool barriers, not over 7 feet (2134 mm)
high.
3. Oil derricks.
4. Retaining walls that are not over 4 feet (1219 mm) in height measured
from the bottom of the footing to the top of the wall, unless supporting a
surcharge or impounding Class I, II or IIIA liquids.
5. Water tanks supported directly on grade if the capacity is not greater than
5,000 gallons (18 925 L) and the ratio of height to diameter or width is not
greater than 2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above
adjacent grade, and not over any basement or story below and are not part
of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar
finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a Group R-3 occupancy that
are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons
(18 925 L) and are installed entirely above ground.
10. Shade cloth structures constructed for nursery or agricultural purposes,
not including service systems.
11. Swings and other playground equipment accessory to detached one- and
two-family dwellings.
12. Window awnings in Group R-3 and U occupancies, supported by an exterior
wall that do not project more than 54 inches (1372 mm) from the exterior
wall and do not require additional support.
13. Nonfixed and movable fixtures, cases, racks, counters and partitions not
over 5 feet 9 inches (1753 mm) in height.

14. Temporary motion picture, television, seasonal celebration, and theater
stage sets and scenery. Associated bleachers and grandstands are not
included in this exception.
15. Prefabricated swimming pools accessory to a Group R-3 Occupancy that
are not greater than 5,000 gallons and installed entirely above ground.
Barriers shall be installed in accordance with Section 3109.
16. Shade cloth structures constructed for nursery or agricultural purposes.
17. Swings or other playground equipment accessory to detached one-andtwo family dwellings.
18. Nonfixed and movable fixtures, cases, racks, counters, and partitions not
over 5 feet 9 (1753 mm) inches in height.
19. Ground or roof supported structures, such as radio and television antenna
towers and flagpoles which do not exceed 200 pounds (90 kg) in weight or
45 feet (13,700 mm) in height above the ground surface.
20. Roof replacement or re-roof with the same type of material as the original
roofing.
21. Installation of a non-structural weatherproof exterior covering over an
existing weatherproof covering on an existing structure so long as the new
covering will not affect the fire resistive classification of the existing
structure.
22. Minor repair or replacement in kind of non-structural components such as
glass or glazing materials, sash, doors and hardware, patching walls or
ceilings and replacing pieces of siding, soffits, or facia.
23. Structures erected pursuant to an approved Temporary Use Permit shall
not require a building permit if standing for a period not to exceed 96
contiguous hours. The responsible party shall provide documentation, as
specified in the Temporary Use Permit that said structures were erected
and maintained subject to all applicable building safety codes and
manufacturer’s specifications. The documentation shall be provided to the
Department within two working days following the end of the special event
to be filed with the Temporary Use Permit. Failure to provide the required
documents will render the Temporary Use Permit null and void and
constitute a zoning violation in accordance with Chapter 15 of the
Maricopa County Zoning Ordinance.

SECTION 105.5
[A] 105.5 Expiration.
Every permit issued shall become invalid unless the work on the site authorized by
such permit is commenced within 180 days after its issuance, or if the work authorized
on the site by such permit is suspended or abandoned for a period of 180 days after the
time the work is commenced. The building official is authorized to grant, in writing, one
or more extensions of time, for periods not more than 180 days each. The extension
shall be requested in writing and justifiable cause demonstrated.
A permit may be renewed within one year of expiration provided that no change in
ownership or engineer/architect of record has occurred. Renewal after expiration for
more than one year shall not be permitted. Any such permit shall be deemed to be
revoked and a new permit must be issued.
The design and construction of structures located within the unincorporated areas of
Maricopa County shall comport to the codes in effect at the time of permit application,
provided the specific permit remains valid, regardless of whether or not the County
adopts subsequent codes. When approved by the Building Official, utility-scale solar
generating facilities in which permit applications have been submitted, the design and
construction may continue to utilize the codes in effect at the time of initial permit
application, regardless of the number of permits required to complete the project,
provided that:
1. All construction is covered by an issued permit,
2. Any permits issued for construction remain valid, and
3. Continuous construction takes place until the facility is commissioned for
commercial service and the facility receives final inspection. Once the above
conditions have been met, subsequent construction activity shall comply with the
codes in effect at the time of the subsequent permit applications. Further, should
a permit lapse, the work contemplated by the permit shall be subject to a new
permit application and shall comport to the codes in effect at the time the new
permit application is submitted. For purposes of this section, the term “UtilityScale” shall be as defined by the Maricopa County Zoning Ordinance.
[A] 105.5.1 Standard Plan Expiration:
Standard plans shall expire upon the jurisdictional adoption of a new code cycle.
SECTION 109.2
[A] 109.2 Schedule of permit fees.
Where a permit is required, a fee for each permit shall be paid as required, in accordance
with the schedule as established by the applicable governing authority. See attached
fee schedule.

SECTION 110.3.9
[A] 110.3.9 Energy efficiency inspections. DELETED
Inspections shall be made to determine compliance with Chapter 13 and shall include,
but not be limited to, inspections for: building thermal envelope insulation R- and Uvalues, fenestration U-value, duct system R-value, and HVAC and water-heating
equipment efficiency.
SECTION 110.5
[A] 110.5 Inspection requests.
It shall be the duty of the holder of the building permit or their duly authorized agent to
notify the building official when work is ready for inspection. It shall be the duty of
the permit holder to provide access to and means for inspections of such work that are
required by this code. It shall be the responsibility of the permit holder to:
1. Submit requests for all required inspections.
2. Identify with stakes or other means the subject property corners.
3. Designate property lines prior to the inspection so Inspector can verify setbacks
4. Post the permit.
5. Provide a copy of the permit and approved plans on the site.
6. Provide access to the site.
7. Have someone at the site during the inspection.
8. Post project street address numbers visible from the adjoining access road.
Failure to complete the above shall result in no inspection at the time and an
assessment of a reinspection fee. A survey of the lot may be required by the Building
Official to verify that the building/structure is located in accordance with the approved
plans.
Partial Inspections:
Partial inspections may be requested and conducted when necessary due to common
construction practices. If a partial inspection is approved, documentation shall be
maintained during construction that identifies what segments of work have obtained
what types of partial inspection approval.
Re-inspections:
Re-inspection fees shall apply when:
1. Property lines have not been designated as required.
2. The permit is not posted or available on the work site.
3. Approved plans are not readily available to the inspector on the site.
4. There is no access on the date for which the inspection is requested.
5. Work is not ready for inspection.
6. Work has been covered.
7. Late cancellation.
8. There is a deviation from plans significant enough to require approval of revised

plans.
9. Previous inspection correction list not complete.
To obtain a re-inspection, the applicant shall follow the same procedures required for an
inspection after paying a re-inspection fee.
[A] 111.1 Change of occupancy.
A building or structure shall not be used or occupied in whole or in part, and a change of
occupancy of a building or structure or portion thereof shall not be made, until
the building official has issued a certificate of occupancy therefor as provided herein.
Issuance of a certificate of occupancy shall not be construed as an approval of a
violation of the provisions of this code or of other ordinances of the jurisdiction.
Certificates presuming to give authority to violate or cancel the provisions of this code
or other ordinances of the jurisdiction shall not be valid.
Exception: Certificates of occupancy are not required for work exempt
from permits in accordance with Section 105.2 the following.
1. Permits issued over the counter.
2. Minor permits
3. Structures that will not be occupied.
4. Work exempt from permits in accordance with Section 105.2
[A] 111.1.1 Certificate of Completion:
Upon request, a Certificate of Completion may be issued for all other permits, after all
required inspections have been approved.
SECTION 111.3
[A] 111.3 Temporary occupancy.
The building official is authorized to issue a temporary certificate of occupancy before
the completion of the entire work covered by the permit, provided that such portion or
portions shall be occupied safely with the concurrence of all impacted department
approvals, TCO acknowledgement has been signed, appropriate fees are paid, and all
safety inspections have been scheduled, conducted, and approved. Bonding, if required,
shall be provided in accordance with the direction of the Building Official prior to
issuance of a Temporary Certificate. The building official shall set a time period during
which the temporary certificate of occupancy is valid. During Temporary Occupancy, all
incomplete portions not covered under the TCO shall be made to remain safe at all
times.

SECTION 113
[A] 113.1 General.
In order to hear and decide appeals of orders, decisions or determinations made by
the building official relative to the application and interpretation of this code, there shall
be and is hereby created a board of appeals the Building Code Advisory Board
(hereinafter called “BCAB” or “the board”). The board of appeals shall be appointed by
the applicable governing authority and shall hold office at its pleasure. The board shall
adopt rules of procedure for conducting its business and shall render all decisions and
findings in writing to the appellant with a duplicate copy to the building official.
[A] 113.2 Limitations on authority.
An application for appeal shall be based on a claim that the true intent of this code or
the rules legally adopted thereunder have been incorrectly interpreted, the provisions of
this code do not fully apply or an equivalent or better form of construction is proposed.
The board shall not have authority to waive requirements of this code.
[A] 113.3 Qualifications.
The board of appeals shall consist of members who are qualified by experience and
training on matters pertaining to the provisions of this code and who are not employees
of the jurisdiction. comprised of members as prescribed in A.R.S. 11-862, adopt bylaws,
and conduct business pursuant to the statute.
[A] 113.4 Administration.
The building official shall take action without delay in accordance with the decision of
the board.
SECTION 114.4
[A] 114.4 Violation penalties.
Any person who violates a provision of this code or fails to comply with any of the
requirements thereof or who erects, constructs, alters
or repairs a building or structure in violation of the approved construction documents or
directive of the building official, or of a permit or certificate issued under the provisions
of this code, shall be subject to penalties as prescribed by law.
[A] 114.4.1 Work commencing before permit issuance:
Any person who commences any work on a building, structure, electrical, gas,
mechanical or plumbing system before obtaining the necessary permits shall be subject
to a fee established by the Building Official that shall be in addition to the required
permit fees. Said fee is to be the building permit fee, doubled.

SECTION 117
SECTION 117 – NOISE LEVEL REDUCTION
117.1 General: Any building within the vicinity of a military airport or ancillary military
facility as defined by State Statute shall have a noise level reduction incorporated in the
design and construction of any residential building or portions of buildings where the
public is received, office areas and where normal noise level is low for first occupancy,
including libraries, schools and churches, pursuant to building permits issued after
December 31, 2001 in order to achieve a maximum interior noise level of forty-five
decibels in areas within noise contours described in Section 1010. of the Maricopa
County Zoning Ordinance. All residential buildings in territory in the vicinity of a military
airport but outside the noise contours as described in this section shall be constructed
with a minimum of R18 exterior wall assembly, a minimum of R30 roof and ceiling
assembly, dual-glazed windows and solid wood, foam-filled fiberglass or metal doors to
the exterior or, if the specified building standards are not met, the County may approve
as an alternative, a certification by an architect or engineer registered pursuant to A.R.S.
Title 32, Chapter 1 to achieve a maximum interior noise level of forty-five decibels at the
time of final construction.

SECTION 308.2
308.2 Institutional Group I-1.
Institutional Group I-1 occupancy shall include buildings, structures or portions thereof
for more than 16 10 persons, excluding including staff, who reside on a 24-hour basis in
a supervised environment and receive custodial care. Buildings of Group I-1 shall be
classified as one of the occupancy conditions specified in Section
308.2.1 or 308.2.2 and shall comply with Section 420. This group shall include, but not
be limited to, the following:
Alcohol and drug centers
Assisted living facilities
Congregate care facilities
Group homes (AKA Community Residence)
Halfway houses
Residential board and care facilities
Social rehabilitation facilities
SECTION 308.2.3
308.2.3 Six to 16 10 persons receiving custodial care.
A facility housing not fewer than six and not more than 16
10 persons receiving custodial care shall be classified as Group R-4 or I-4 depending on
the level of care provided.
SECTION 310.5
310.5 Residential Group R-4.
Residential Group R-4 occupancy shall include buildings, structures or portions thereof
for more than five six but not more than 16 10 persons, excluding including live-in staff,
who reside on a 24-hour basis in a supervised residential environment and
receive custodial care. Buildings of Group R-4 shall be classified as one of the
occupancy conditions specified in Section 310.5.1 or 310.5.2. This group shall include,
but not be limited to, the following:
Alcohol and drug centers
Assisted living facilities
Congregate care facilities
Group homes (AKA Community Residences)
Halfway houses
Residential board and care facilities
Social rehabilitation facilities
Group R-4 occupancies shall meet the requirements for construction as defined for
Group R-3, except as otherwise provided for in this code.
SECTION 901.1
901.1 Scope.

The provisions of this chapter shall specify where fire protection and life safety
systems are required and shall apply to the design, installation and operation of fire
protection and life safety systems. be determined by the Fire Authority Having
Jurisdiction and Chapter 9 of their adopted Fire Code.
SECTION 1203 TEMPERATURE CONTROL
1203.1 Equipment and systems.
Interior spaces intended for human occupancy shall be provided with active or
passive space- heating and cooling systems capable of maintaining an indoor
temperature not less than 68°F (20°C) between 70°F (21°C) and 82°F (28°C) (if
cooled by air conditioning, and 86°F (30°C) if cooled by evaporative cooling),
measured at a point 3 feet (914mm) above the floor in the center of the room. on the
design heating day The installation of portable space heaters or coolers shall not be
used to achieve compliance with this section.
Exception: Space heating and cooling systems are not required for:
1. Interior spaces where the primary purpose of the space is not associated

with human comfort.
2. Group F, H, S, or U occupancies
Section 1609 WIND LOADS
Amend Section 1609.1.1 to add Exception 7:
Exceptions:

7. A net force coefficient, Cf = 1.2, and Load Case A only, may be
used to develop design wind loads on solid freestanding walls with
a top-of-wall elevation not greater than 7 feet above the lowest
adjacent grade within a horizontal distance equal to the wall height
on either side of the wall.

1612.3 Establishment of flood hazard areas. To establish flood hazard areas,
the applicable governing authority shall adopt a flood hazard map and
supporting data. The flood hazard map shall include, at a minimum, areas of
special flood hazard as identified by the Federal Emergency Management
Agency in an engineering report entitled “The Flood Insurance Studyfor
[INSERT NAME OF JURISDICTION],” [INSERT DATE OF ISSUANCE], as
amended or revised
with the accompanying Flood Insurance Rate Map (FIRM) and Flood Boundary
and Floodway Map (FBFM) and related supporting data along with any revisions
thereto. The adopted flood hazard map and supporting data are hereby adopted
by reference and declared to be part of this section. The areas of special flood
hazard identified by FEMA in a scientific and engineering report entitled "The
Flood Insurance Study (FIS) for Maricopa County, Arizona and incorporated
areas" dated September 30, 2005, with accompanying FIRMs and FBFMs dated
September 30, 2005, and all subsequent amendments and/or revisions, are
hereby adopted by reference and declared to be a part of this chapter.
Section 1907 Slabs-On-Ground
1907.1 .1 Post Tension Concrete Slab Post-tensioned slabs on ground.
All post-tensioned slabs on ground shall be permanently stamped,
marked or otherwise identified in a conspicuous location indicating the
slab is a post-tensioned slab. Conspicuous locations include, but are not
limited to, entrance porches, slabs at garage doors or patio slabs.

SECTION 3109 Barriers for SWIMMING POOLS, SPAS AND HOT TUBS
3109.1 General. The design and construction of barriers for swimming pools,
spas and hot tubs shall comply with the International Swimming Pool and Spa
Code. this section.
3109.1.1 Scope.
The provisions of this section apply to the design and
construction of barriers for swimming pools located on the premises of Group R,
Division 3 Occupancies.
3109.2 Standards of Quality. In addition to the other requirements of this code,
safety covers for pools and spas shall meet the requirements for pool and spa
safety covers as listed below. The standard listed below is a recognized standard.
ASTM F 1346, Standard Performance Specification for Safety
Covers and Labeling Requirement for All Covers for
Swimming Pools, Spas and Hot Tubs
SECTION 3109.3 – DEFINITIONS
For the purpose of this section, certain terms, words and phrases are defined as
follows:
ABOVEGROUND/ON-GROUND POOL. See definition of “swimming pool.”
BARRIER is a fence, wall, building wall or combination thereof that
completely surrounds the swimming pool and obstructs access to the
swimming pool.
GRADE is the underlying surface, such as earth or a walking surface.
HOT TUB. See definition of “spa, non-self-contained” and “spa, self-contained.”
IN-GROUND POOL. See definition of “swimming pool.”
SEPARATION FENCE is a barrier that separates all doors of a dwelling
unit with direct access to a swimming pool from the swimming pool.
SPA, NONSELF-CONTAINED is a hydro massage pool or tub for
recreational or therapeutic use, not located in health-care facilities,
designed for immersion of users and usually having a filter, heater and
motor-driven blower. It may be installed indoors or outdoors, on the ground
or on a supporting structure, or in the ground or in a supporting structure. A
non-self-contained spa is intended for recreational bathing and contains
water over 24 inches (610mm) deep.

SPA, SELF-CONTAINED is a continuous-duty appliance in which all
control, water-heating and water-circulating equipment is an integral part
of the product, located entirely under the spa skirt. A self-contained spa is
intended for recreational bathing and contains water over 18 inches
deep.
SWIMMING POOL is any structure intended for swimming or recreational
bathing that contains water over 18 inches deep and/or wider than 8 feet
at any point. This includes in-ground, aboveground and on-ground
swimming pools, and fixed-in-place wading pools. This does not include
decorative fountains that contain water less than 12 inches deep.
SWIMMING POOL, INDOOR is a swimming pool that is totally
contained within a residential structure and surrounded on all four
sides by walls of said structure.
SWIMMING POOL, OUTDOOR is any swimming pool that is not an indoor pool.

SECTION 3109.4 – REQUIREMENTS
3109.4.1 Outdoor Swimming Pool. An outdoor swimming pool shall be
provided with a barrier that shall be installed, inspected and approved prior
to plastering or filling with water. The barrier shall comply with the following:
EXCEPTIONS: When approved by the Building Official, one the following may be
used:
1. Self-closing and self-latching devices installed on all doors with
direct access to the pool with the release mechanism located a
minimum of 54 inches (1372 mm) above the floor.
2. An alarm installed on all doors with direct access to the pool. The
alarm shall sound continuously for a minimum of 30 seconds within
seven seconds after the door and its screen, if present, are opened,
and be capable of providing a sound pressure level of not less than
85 dBA when measured indoors at 10feet (3048 mm). The alarm
shall automatically reset under all conditions. The alarm system
shall be equipped with a manual means such a touchpad or switch,
to temporarily deactivate the alarm for a single opening. Such
deactivation shall last no longer than 15 seconds. The deactivation
switch shall be located at least 54 inches (1372 mm) above the
threshold of the door.
3. Other means of protection may be acceptable so long
as the degree of protection afforded is not less than
that afforded by any of the devices described above.
4. Where an aboveground pool structure is used as a barrier or where
the barrier is mounted on top of the pool structure, and the means

of access is a ladder or steps, then (1) the ladder or steps shall be
capable of being secured, locked or removed to prevent access or
(2) the ladder or steps shall be surrounded by a barrier that meets
the requirements of Items 1 through 5. When the ladder or steps are
secured, locked or removed, any opening created shall be protected
by a barrier complying with Items 1 through 5.
3109.4.2 Indoor Swimming Pool. For an indoor swimming pool,
protection shall comply with the requirements of Section 3109.4.1.
3109.4.3 Spas and Hot Tubs. For a non-self-contained and selfcontained spa or hottub protection shall comply with the requirements of
Section 3109.4.1.
EXCEPTION: A self-contained spa or hot tub equipped with a listed
safety cover shall be exempt from the requirements of Section
3109.4.1.
Chapter 35: Referenced Standards
ACI
American Concrete Institute
38800 Country Club Drive
Farmington Hills, MI, 48331-3439
318—19 OR 318-25
Building Code Requirements for Structural Concrete
722.2.4.3, 1604.3.2, 1616.2.1, 1616.3.1, 1704.5, Table
1705.3, 1705.3.2, 1808.8.2, Table
1808.8.2, 1808.8.5, 1808.8.6, 1809.14, 1810.1.3, 1810.2.4.1, 1810.3.2.1.1, 1810.3.2.1.2
, 1810.3.8, 1810.3.9.2, 1810.3.9.4.2.1, 1810.3.9.4.2.2, 1810.3.10.1, 1810.3.11, 1810.3.1
1.1, 1810.3.12, 1810.3.12, 1810.3.13, 1901.2, 1901.3, 1902.1, 1903.1, 1904.1, 1904.2,
1905.1, 1905.2, 1905.3, 1905.4, 1905.5.1, 1905.6, 1905.6.2, 1905.7, 1905.7.1, 1905.7.2
, 1907.1, 1908.1, 1908.1
550.5—18

[A] 101.1 Title. These regulations shall be known as the Existing Building Code of
Maricopa County [NAME OF JURISDICTION], hereinafter referred to as “this code.”
[A] 101.2 Scope. The provisions of this code shall apply to the repair, alteration,
change of occupancy, addition to and relocation of existing buildings.
Exception: Detached one- and two-family dwellings and multiple single-family
dwellings (townhouses) not more than three stories above grade plane in height
with separate means of egress, and their accessory structures not more than
three stories above grade plane in height, shall comply with this code or the
International Residential Code.
101.2.1 Fire Code construction requirements for existing buildings.
Existing buildings shall also comply with Chapter 11 Construction Requirements
for Existing Buildings in the Fire Code adopted and enforced by the fire authority
having jurisdiction. Where conflicts occur between provisions of this code and
Chapter 11 Construction Requirements for Existing Buildings in the Fire Code,
the most restrictive provisions shall apply.
[A] 101.4 - [A] 117.4 – Reserved.
Replace with Chapter 1 of the IBC as amended in Tab F.
SECTION 803 FIRE PROTECTION
803.2Automatic sprinkler systems. Automatic sprinkler systems shall be provided
in accordance with the requirements of Sections 803.2.1 through 803.2.4. Installation
requirements shall be in accordance with the International Building Code. the fire
authority having jurisdiction and their adopted Fire Code.
SECTION 904 FIRE PROTECTION
904.1Automatic sprinkler systems. Automatic sprinkler systems shall be provided in
accordance with the requirements of Sections 803.2.1 through 803.2.4. Installation
requirements shall be in accordance with the International Building Code. the fire
authority having jurisdiction and their adopted Fire Code.

[NAME OF JURISDICTION], hereinafter referred to as “this code.”
[A]102 – [A]110 Reserved
Replace with Chapter 1 of the IBC as amended in Tab F
901.5 FIREPLACE RESTRICTIONS
901.5.1 Purpose
The purpose of this subsection is to regulate fireplaces, wood stoves, or
other solid fuel burning devices to reduce the amount of air pollution
caused by particulate matter and carbon monoxide.
901.5.2 Applicability
The Residential Woodburning Restriction Ordinance applies to any residential
wood burning device in sections of Area A that are within Maricopa County
or within incorporated cities and towns in such sections.
AREA A – As defined in Arizona Revised Statues (ARS) §49-541(1), the area in
Maricopa County delineated as follows:
Township 8 North, Range 2 East and Range 3 East Township 7 North, Range 2 West
through Range 5 East Township 6 North, Range 5 West through Range 6 East Township 5
North, Range 5 West through Range 7 East Township 4 North, Range 5 West through
Range 8 East Township 3 North, Range 5 West through Range 8 East Township 2 North,
Range 5 West through Range 8 East Township 1 North, Range 5 West through Range 7
East Township 1 South Range 5 West through Range 7 East Township 2 South, Range 5
West through Range 7 East Township 3 South Range 5 West through Range 1 East
Township 4 South Range 5 West Through Range 1 East
901.5.3 Effective Date
The effective date of the regulations and prohibitions set forth in this
subsection shall be December 31, 1998.
901.5.4 Definitions
For purposes of this subsection, the following words and terms shall be defined as
follows:
FIREPLACE means a built in place masonry hearth and fire chamber of
a factory-built appliance, designed to burn solid fuel or to accommodate

gas or electric log insert or similar device, and which is intended for
occasional recreational or aesthetic use, not for cooking, heating, or
industrial processes.
SOLID FUEL includes but is not limited to wood, coal, or other
nongaseous or nonliquid fuels, including those fuels defined by the
Maricopa County Air Pollution Control Officer as “inappropriate fuel” to
burn in residential wood-burning devices.
WOOD STOVE means a solid fuel burning heating appliance, including a
pellet stove, which is either freestanding or designed to be inserted into a
fireplace.
901.5.6 Installation Restrictions
On or after December 31, 1998, no person, firm or corporation shall
construct or install a fireplace or a wood stove, and the Building Official
shall not approve or issue a permit to construct or install a fireplace or a
wood stove, unless the fireplace or wood stove complies with one of the
following:
1.

2.

3.
4.

Provides the sole or primary source of heat
or fuel for cooking fora residence.
Meets performance standards for new residential wood
heaters manufactured on or after July 1, 1990, or sold at
retail on or after July 1, 1992, as prescribed by 40 Code of
Federal Regulations Part 60, Subpart AAA.
Burns gaseous fuels, including gas logs.
Meets rules adopted by the Board of Supervisors as
prescribed in ARS § 49- 479 for burning wood in
approvedappliances.

901.5.7 Permits Required
In addition to the provisions and restrictions of this subsection,
construction, installation or alteration of all fireplaces, wood stoves and
gas, electric or solid-fuel burning appliances and equipment shall be done in
compliance with provisions of the County Building Code and shall be subject
to the permits and inspections required by the County Building Code.

[A]101.1Title. These regulations shall be known as the Plumbing Code of Maricopa
County [NAME OF JURISDICTION], hereinafter referred to as “this code.”

[A]102 – [A]110 Reserved
Replace with Chapter 1 of the IBC as amended in Tab F
1003.3 Grease interceptors. Grease interceptors shall comply with the requirements
of Sections 1003.3.1 through 1003.3.8 and Maricopa County Environmental Services
requirements.

New or needs revisions
From HBACA
2024 International Residential Code – Maricopa County Amendments:
R101.1 Title.
These provisions shall be known as the Residential Code for One- and Twofamily Dwellings of [NAME OF JURISDICTION] Maricopa County, and shall be cited as
such and will be referred to herein as “this code.”
R101.2.1 Appendices.
Provisions in the appendices shall not apply unless specifically adopted. The following
appendices are included with this adopted: BB, BC, BD, BI, BJ, BK, BL, BM, BO.
SECTION R103
CODE COMPLIANCE AGENCY
R103.1 Creation of agency.
The [INSERT NAME OF DEPARTMENT] Planning and Development Department is hereby
created and the official in charge thereof shall be known as the building official. The
function of the agency shall be the implementation, administration and enforcement of
the provisions of this code.
R103.2 Appointment.
The building official shall be appointed by the chief appointing authority of
the jurisdiction. The authority and responsibility for administration and enforcement of
this code is hereby assigned to the Director of the Planning and Development
Department. The Director may designate a person or persons to fulfill these duties.
(does this section need this amendment?)
R104.2.3.1 Flood hazard areas.
The building official shall not grant modifications to any provisions required in flood
hazard areas as established by Table R301.2 nor the Floodplain Regulations for
Maricopa County unless a determination has been made that: a variance has been
issued as specified in the Floodplain Regulations for Maricopa County.
1. There is good and sufficient cause showing that the unique characteristics of the
size, configuration or topography of the site render the elevation standards
of Section R306 inappropriate.
2. Failure to grant the modification would result in exceptional hardship by
rendering the lot undevelopable.

3. The granting of modification will not result in increased flood heights, additional
threats to public safety or extraordinary public expense; cause fraud on or
victimization of the public; or conflict with existing laws or ordinances.
4. The modification is the minimum necessary to afford relief, considering the flood
hazard.
5. Written notice specifying the difference between the design flood elevation and
the elevation to which the building is to be built, stating that the cost of flood
insurance will be commensurate with the increased risk resulting from the
reduced floor elevation and stating that construction below the design flood
elevation increases risks to life and property, has been submitted to the
applicant.
R105.2 Work exempt from permit.
Exemption from permit requirements of this code shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this
code or any other laws or ordinances of this jurisdiction. Permits shall not be required
for the following:
•

Building:
1

No change

2 No change
3 No change
4 No change
5 No change
6 No change
7 No change
8 No change
9 No change
10 No change
11 Prefabricated swimming pools that are less than 24 inches (610 mm)
deep.
12 Swings and other playground equipment.

13 Window awnings supported by an exterior wall that do not project more
than 54 inches (1372 mm) from the exterior wall and do not require
additional support.
14 Decks not exceeding 200 square feet (18.58 m2) in area, that are not more
than 30 inches (762 mm) above grade at any point, are not attached to
a dwelling or townhouse and do not serve the exit door required by Section
R318.
15 Prefabricated swimming pools accessory to a Group R-3 Occupancy that
are not greater than 5,000 gallons and installed entirely above ground.
Barriers shall be installed in accordance with Section 3109.
16 Shade cloth structures constructed for nursery or agricultural purposes.
17 Swings or other playground equipment accessory to detached one-andtwo family dwellings.
18 Nonfixed and movable fixtures, cases, racks, counters, and partitions not
over 5 feet 9 (1753 mm) inches in height.
19 Ground or roof supported structures, such as radio and television antenna
towers and flagpoles which do not exceed 200 pounds (90 kg) in weight or
45 feet (13,700 mm) in height above the ground surface.
20 Roof replacement or re-roof with the same type of material as the original
roofing.
21 Installation of a non-structural weatherproof exterior covering over an
existing weatherproof covering on an existing structure so long as the new
covering will not affect the fire resistive classification of the existing
structure.
22 Minor repair or replacement in kind of non-structural components such as
glass or glazing materials, sash, doors and hardware, patching walls or
ceilings and replacing pieces of siding, soffits, or facia.
23 Structures erected pursuant to an approved Temporary Use Permit shall
not require a building permit if standing for a period not to exceed 96
contiguous hours. The responsible party shall provide documentation, as
specified in the Temporary Use Permit that said structures were erected
and maintained subject to all applicable building safety codes and
manufacturer’s specifications. The documentation shall be provided to the
Department within two working days following the end of the special event
to be filed with the Temporary Use Permit. Failure to provide the required
documents will render the Temporary Use Permit null and void and

constitute a zoning violation in accordance with Chapter 12 of the
Maricopa County Zoning Ordinance.
24 A building permit shall not be required for a building or structure that was
existing, or any use of land that was lawfully existing, as of January 1,
2000 (or as of the effective date of subsequent amendments) to this
regulation provided there are no visible signs of defects or unsafe
conditions. When verification is required by the Building Official a
Certificate of Observable Compliance from a third-party Registered
Architect or Structural Engineer must be submitted.
25 A building permit shall not be required for a roadway gate within a private
road easement. However, a building permit shall be required for gates
within private street tracts of a platted subdivision. A Maricopa County
Department of Transportation (MCDOT) permit shall be required for gates
within public rights-of-way.
•

Electrical:
1-5: No change

•

Gas:
1-3: No change

•

Mechanical:
1-8: No change

•

Plumbing:
1-2: No change

R105.5 Expiration.
Every permit issued shall become invalid unless the work authorized by such permit is
commenced within 180 days after its issuance or after commencement of work if more
than 180 days pass between inspections. The building official is authorized to grant, in
writing, one or more extensions of time, for periods not more than 180 days each. The
extension shall be requested in writing and justifiable cause demonstrated.
A permit may be renewed within one year of expiration provided that no change in
ownership or engineer/architect of record has occurred. Renewal after expiration for
more than one year shall not be permitted. Any such permit shall be deemed to be
revoked and a new permit must be issued.

The design and construction of structures located within the unincorporated areas of
Maricopa County shall comport to the codes in effect at the time of permit application,
provided the specific permit remains valid, regardless of whether or not the County
adopts subsequent codes. When approved by the Building Official, utility-scale solar
generating facilities in which permit applications have been submitted, the design and
construction may continue to utilize the codes in effect at the time of initial permit
application, regardless of the number of permits required to complete the project,
provided that:
1. All construction is covered by an issued permit,
2. Any permits issued for construction remain valid, and
3. Continuous construction takes place until the facility is commissioned for
commercial service and the facility receives final inspection. Once the above
conditions have been met, subsequent construction activity shall comply with the
codes in effect at the time of the subsequent permit applications. Further, should
a permit lapse, the work contemplated by the permit shall be subject to a new
permit application and shall comport to the codes in effect at the time the new
permit application is submitted. For purposes of this section, the term “UtilityScale” shall be as defined by the Maricopa County Zoning Ordinance.
[R] 105.5.1 Standard Plan Expiration:
Standard plans shall expire upon the jurisdictional adoption of a new code cycle.
R106.1.4 Information for construction in flood hazard areas.
For buildings and structures located in whole or in part in flood hazard areas as
established by Table R301.2, the Maricopa County Floodplain Regulations, construction
documents shall include: comply with the requirements found in the Maricopa County
Floodplain Regulations.
1. Delineation of flood hazard areas, floodway boundaries and flood zones and the
design flood elevation, as appropriate.
2. The elevation of the proposed lowest floor, including basement; in areas of
shallow flooding (AO Zones), the height of the proposed lowest floor,
including basement, above the highest adjacent grade.
3. The elevation of the bottom of the lowest horizontal structural member in coastal
high-hazard areas (V Zone) and in Coastal A Zones where such zones are
delineated on flood hazard maps identified in Table R301.2 or otherwise
delineated by the jurisdiction.
4. If design flood elevations are not included on the community’s Flood Insurance
Rate Map (FIRM), the building official and the applicant shall obtain and

reasonably utilize any design flood elevation and floodway data available from
other sources.
R108.2 Schedule of permit fees.
On buildings, structures, electrical, gas, mechanical and plumbing systems
or alterations requiring a permit, a fee for each permit shall be paid as required, in
accordance with the schedule as established by the applicable governing authority. See
the attached Fee Schedule.
R109.1.3 Floodplain inspections.
For construction in flood hazard areas as established by Table R301.2, upon placement
of the lowest floor, including basement, and prior to further vertical construction,
the building official shall require submission of documentation, prepared and sealed by
a registered design professional, of the elevation of the lowest floor, including basement,
required in Section R306.

[R] 109.3.1 Permit Holder Responsibilities:
It shall be the responsibility of the permit holder to:
1. Submit requests for all required inspections.
2. Identify with stakes or other means the subject property corners.
3. Designate property lines prior to the inspection so Inspector can verify setbacks
4. Post the permit.
5. Provide a copy of the permit and approved plans on the site.
6. Provide access to the site.
7. Have someone at the site during the inspection.
8. Post project street address numbers visible from the adjoining access road.
Failure to complete the above shall result in no inspection at the time and an
assessment of a reinspection fee. A survey of the lot may be required by the Building
Official to verify that the building/structure is located in accordance with the approved
plans.
[R] 109.3.1.1 Partial Inspections:
Partial inspections may be requested and conducted when necessary due to common
construction practices. If a partial inspection is approved, documentation shall be
maintained during construction that identifies what segments of work have obtained
what types of partial inspection approval.
[R] 109.3.1.2 Re-inspections:

Re-inspection fees shall apply when:
1. Property lines have not been designated as required.
2. The permit is not posted or available on the work site.
3. Approved plans are not readily available to the inspector on the site.
4. There is no access on the date for which the inspection is requested.
5. Work is not ready for inspection.
6. Work has been covered.
7. Late cancellation.
8. There is a deviation from plans significant enough to require approval of revised
plans.
9. Previous inspection correction list not complete.
To obtain a re-inspection, the applicant shall follow the same procedures required for an
inspection after paying a re-inspection fee.
SECTION 111 – CERTIFICATE OF OCCUPANCY
[A] 110.1 – Use and change of occupancy:
(exception added to as follows)
Exceptions:
1. Work exempt from permits in accordance with Section 105.2
2. Accessory buildings or structures which are not an Accessory Dwelling Unit
3. Permits issued over the counter.
4. Minor permits
5. Structures that will not be occupied.
[A] 110.1.1 Certificate of Completion:
Upon request, a Certificate of Completion may be issued for all other permits, after all
required inspections have been approved.
SECTION 115 – NOISE LEVEL REDUCTION
115.1 General:
Any building within the vicinity of a military airport or ancillary military facility as defined by State
Statute shall have a noise level reduction incorporated in the design and construction of any
residential building or portions of buildings where the public is received, office areas and where
normal noise level is low for first occupancy, including libraries, schools and churches, pursuant to
building permits issued after December 31, 2001 in order to achieve a maximum interior noise level
of forty-five decibels in areas within noise contours described in Section 1010. of the Maricopa
County Zoning Ordinance. All residential buildings in territory in the vicinity of a military airport but
outside the noise contours as described in this section shall be constructed with a minimum of R18
exterior wall assembly, a minimum of R30 roof and ceiling assembly, dual-glazed windows and solid
wood, foam-filled fiberglass or metal doors to the exterior or, if the specified building standards are
not met, the County may approve as an alternative, a certification by an architect or engineer

registered pursuant to A.R.S. Title 32, Chapter 1 to achieve a maximum interior noise level of fortyfive decibels at the time of final construction.

CHAPTER 3 – BUILDING PLANNING
[A] TABLE R301.2.1 Climatic and Geographic Design Criteria:
(Due to space limitations, the table could not completely be
reproduced; only the values are listed)
Ground Snow Loado
N/A
d
Windspeed (MPH)
105
k
Topographic Effects
NO
i
Special Wind Region
NO
m
Windborne Debris Zone
NO
f
Seismic Design Category
B
a
Weathering
Negligible
b
Frost Line Depth
0
c
Termite
Moderate to Heavy
Winter Design Temperature
None to Slight
(this item removed in 2021
adoption)
Ice Barrier Underlayment
NO
Required
Flood Hazards
Maricopa County Flood
District
Air Freezing Index
N/A
Mean Annual Temperature
71.2° F
See notes associated with this table in the IRC
a. Where weathering requires a higher strength concrete or grade of masonry than
necessary to satisfy the structural requirements of this code, the frost line depth
strength required for weathering shall govern. The weathering column shall be filled in
with the weathering index, “negligible,” “moderate” or “severe” for concrete as
determined from Figure R301.2(1). The grade of masonry units shall be determined
from ASTM C34, ASTM C55, ASTM C62, ASTM C73, ASTM C90, ASTM C129, ASTM
C145, ASTM C216 or ASTM C652.
b. Where the frost line depth requires deeper footings than indicated in Figure
R403.1(1), the frost line depth strength required for weathering shall govern. The
jurisdiction shall fill in the frost line depth column with the minimum depth of footing
below finish grade.

c. The jurisdiction shall fill in this part of the table to indicate the need for protection
depending on whether there has been a history of local subterranean termite damage.
d. The jurisdiction shall fill in this part of the table with the wind speed from the ultimate
design wind speeds map [Figure R301.2(2)]. Wind exposure category shall be
determined on a site-specific basis in accordance with Section R301.2.1.4.
e. The jurisdiction shall fill in this section of the table to establish the design criteria
using Table 10A from ACCA Manual J or established criteria determined by the
jurisdiction.
f. The jurisdiction shall fill in this part of the table with the seismic design category
determined from Section R301.2.2.1.
g. The jurisdiction shall fill in this part of the table with: the date of the jurisdiction’s
entry into the National Flood Insurance Program (date of adoption of the first code or
ordinance for management of flood hazard areas); and the title and date of the currently
effective Flood Insurance Study or other flood hazard study and maps adopted by the
authority having jurisdiction, as amended. Per the Maricopa County Flood Regulations
h. In accordance with Sections
R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there
has been a history of local damage from the effects of ice damming, the jurisdiction
shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part
of the table with “NO.”
i. The jurisdiction shall fill in this part of the table with the 100-year return period air
freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value
on the National Climatic Data Center data table “Air Freezing Index-USA Method (Base
32°F).”
j. The jurisdiction shall fill in this part of the table with the mean annual temperature
from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base
32°F).”
k. In accordance with Section R301.2.1.5, where there is local historical data
documenting structural damage to buildings due to topographic wind speed-up effects,
the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction
shall indicate “NO” in this part of the table.
l. In accordance with Figure R301.2(2), where there is local historical data documenting
unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and
identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this
part of the table.

m. In accordance with Section R301.2.1.2 the jurisdiction shall indicate the wind-borne
debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the
table.
n. The jurisdiction shall fill in these sections of the table to establish the design criteria
using Table 1a or 1b from ACCA Manual J or established criteria determined by the
jurisdiction.
o. The jurisdiction shall fill in this section of the allowable stress design table using the
Ground Snow Loads in Figure R301.2(3).
R301.2.4 Floodplain construction.
Buildings and structures constructed in whole or in part in flood hazard areas as
established in Table R301.2, and substantial improvement and repair of substantial
damage of buildings and structures located in whole or in part in flood hazard areas,
shall be designed and constructed in accordance with Section R306. Buildings and
structures that are located in more than one flood hazard area, including A Zones,
Coastal A Zones and V Zones, shall comply with the provisions associated with the
most restrictive flood hazard area. Buildings and structures located in whole or in part in
identified floodways shall be designed and constructed in accordance with ASCE 24. by
the Maricopa County Floodplain Regulations and shall comply with the construction
requirements from this regulation.
R301.2.4.1 Alternative provisions.
As an alternative to the requirements in Section R306, ASCE 24 is permitted subject to
the limitations of this code and the limitations therein.

R302.5.1 Opening protection.
Openings from a private garage or carport directly into a room used for sleeping
purposes shall not be permitted. Other openings between the garage and dwelling
unit shall be equipped with solid wood doors not less than 1 3/8 inches (35 mm) in
thickness, solid or honeycomb-core steel doors not less than 1 3/8 inches (35 mm)
thick, or 20-minute fire-rated doors or windows. Doors and windows shall be selflatching and equipped with a self-closing or automatic-closing device.
[A] R309 Automatic Sprinkler Systems:
R309.1 Townhouse aAutomatic sprinkler systems.
Refer to the IFC adopted by the Fire Authority having Jurisdiction. An automatic
sprinkler system shall may be installed in one- and two-family dwellings.

Exception: An automatic sprinkler system shall not be required for additions or
alterations to existing buildings that are not already provided with a sprinkler system.

R309.1.1 Design and installation.
Automatic sprinkler systems for townhouses shall be designed and installed in
accordance with Section P2904 or NFPA 13D.
R309.2 One- and two-family dwellings automatic sprinkler systems.
An automatic sprinkler system shall be installed in one- and two-family dwellings.
Exception: An automatic sprinkler system shall not be required for additions or
alterations to existing buildings that are not already provided with a sprinkler system.
R309.2.1 Design and installation.
Automatic sprinkler systems shall be designed and installed in accordance with Section
P2904 or NFPA 13D.
R319.1 Emergency escape and rescue opening required.
Basements, habitable attics, the room to which a sleeping loft is open, and every
sleeping room shall have not less than one operable emergency escape and rescue
opening. Where basements contain one or more sleeping rooms, an emergency escape
and rescue opening shall be required in each sleeping room. emergency escape and
rescue opening shall open directly into a public way, or to a yard or court that opens to a
public way.
Exceptions:
1–3 no change
4. A yard shall not be required to open directly into a public way where the yard
opens to an unobstructed path from the yard to the public way. Such path shall
have a width of not less than 36 inches (914 mm). The clear width is permitted
to be reduced to 32 inches minimum for a length of 36 inches maximum provided
that reduced width segments are separated by segments that are 48 inches long
minimum and 36 inches wide.

R320.2 Model Home Complex. Model home complex shall be provided with at least one
van accessible parking space, at least one accessible toilet room and an accessible
access and egress from each model home in the complex.

CHAPTER 10 – CHIMNEYS AND FIREPLACES
R1001.1.1 Fireplace Restriction:
R1001.1.2 Purpose:
The purpose of this subsection is to regulate fireplaces, wood stoves, or other solid fuel
burning devices to reduce the amount of air pollution caused by particulate matter and
carbon monoxide.
R1001.1.3 Applicability:
The Residential Woodburning Restriction Ordinance applies to any residential wood
burning device in sections of Area A that are within Maricopa County or within
incorporated cities and towns in such sections.
AREA A: As defined in Arizona Revised Statues (ARS) §49-541(1), the area in
Maricopa County delineated as follows:
Township 8 North, Range 2 East and Range 3 East
Township 7 North, Range 2 West through Range 5 East
Township 6 North, Range 5 West through Range 6 East
Township 5 North, Range 5 West through Range 7 East
Township 4 North, Range 5 West through Range 8 East
Township 3 North, Range 5 West through Range 8 East
Township 2 North, Range 5 West through Range 8 East
Township 1 North, Range 5 West through Range 7 East
Township 1 South, Range 5 West through Range 7 East
Township 2 South, Range 5 West through Range 7 East
Township 3 South, Range 5 West through Range 1 East
Township 4 South, Range 5 West Through Range 1 East
R1001.1.4 Effective Date:
The effective date of the regulations and prohibitions set forth in this subsection shall be
December 31, 1998.
R1001.1.5 Definitions:
For purposes of this subsection, the following words and terms shall be defined as follows:
FIREPLACE means a built-in place masonry hearth and fire chamber of a factory-built
appliance, designed to burn solid fuel or to accommodate gas or electric log insert or
similar device, and which is intended for occasional recreational or aesthetic use, not for
cooking, heating, or industrial processes.
SOLID FUEL includes but is not limited to wood, coal, or other nongaseous or nonliquid
fuels, including those fuels defined by the Maricopa County Air Pollution Control Officer

as “inappropriate fuel” to burn in residential wood-burning devices.
WOOD STOVE means a solid fuel burning heating appliance, including a pellet stove,
which is either freestanding or designed to be inserted into a fireplace.
R1001.1.6 Installation Restrictions:
On or after December 31, 1998, no person, firm or corporation shall construct or install a
fireplace or a wood stove, and the Building Official shall not approve or issue a permit to
construct or install a fireplace or a wood stove, unless the fireplace or wood stove complies
with one of the following:
1. Provides the sole or primary source of heat or fuel for cooking for a residence.
2. Meets performance standards for new residential wood heaters manufactured on or
after July 1, 1990, or sold at retail on or after July 1, 1992, as prescribed by 40 Code of
Federal Regulations Part 60, Subpart AAA.
3. Burns gaseous fuels, including gas logs.
4. Meets rules adopted by the Board of Supervisors as prescribed in ARS § 49-479 for
burning wood in approved appliances.
R1001.1.7 Permits Required:
In addition to the provisions and restrictions of this subsection, construction, installation or
alteration of all fireplaces, wood stoves and gas, electric or solid fuel burning appliances and
equipment shall be done in compliance with provisions of the County Building Code and shall be
subject to the permits and inspections required by the County Building Code.

N1101.1 (R101.2) Scope.
This chapter applies to the design and construction of residential buildings as regulated
by this code. Compliance with Chapter 11 Energy Efficiency or the International Energy
Conservation Code is optional unless specifically required through ordinance by
Maricopa County. If used, the following amendments will apply:
N1101.4.1 RESNET testing & inspection protocol.
The Residential Energy Services Network (RESNET) Mortgage Industry National Home
Energy Rating System Standards (MINHERS) for third party testing and inspections shall
be deemed to meet the requirements of sections N1102.5.1, N1102.5.1.2 and
N1103.3.7 and shall meet the following conditions:
1 Third Party Testing & Inspections shall be completed by RESNET certified
Raters or Rating Field Inspectors and shall be subject to RESNET Quality
Assurance Field Review Procedures.
2 Sampling in accordance with Chapter 6 of the MINHERS Standards shall
be performed by Raters or Rating Field Inspectors Working under a
RESNET Accredited Sampling Provider.
3 Third Party Testing is required for the following items: a. N1102.5.1–
Building Envelope – Thermal Air Barrier Checklist b. N1102.5.1.2– Testing
– Air Leakage Rate c. N1103.3.7– Sealing – Duct Tightness d. Any other
testing and inspections required under the code.

4 Alternate testing and inspection programs and protocols shall be allowed
when approved by the Building Code Official.
N1101.15 RESNET Testing & Inspection Protocol:
The Residential Energy Services Network (RESNET) Mortgage Industry National Home
Energy Rating System Standards Protocol for third party testing and inspections shall be
deemed to meet the requirements of sections N1102.4.1.1, N1102.4.1.2 and N1103.2.2
and shall meet the following conditions:
• Third Party Testing and Inspections shall be completed by RESNET
certified Raters or Rating Field Inspectors and shall be subject to RESNET
Quality Assurance Field Review procedures.
• Sampling in accordance with Chapter 6 of the RESNET Standards shall be
performed by Raters or Rating Field Inspectors working under a RESNET
Accredited Sampling Provider.
• Third Party Testing is required for the following items: a. N1102.4.1.1 –
Building Envelope – Thermal and Air Barrier Checklist b. N1102.4.1.2 –
Testing – Air Leakage Rate c. N1103.2.2 – Sealing – Duct Tightness
• The other requirements identified as “mandatory” in Chapter 4 shall be
met.
• Alternate testing and inspection programs and protocols shall be allowed
when approved by the Code Official.
N1101.15.1 Alternative approach for compliance:
A Home Energy Rating System (“HERS”) Index of 73 or less, confirmed in writing by a
Residential Energy Services Network certified energy rater may be used in place of the
approach described in Section N1101.2 above. Compliance may be demonstrated by
use of sampling in accordance with Chapter 6 of the Mortgage Industry National Home
Energy Rating Systems Standard as adopted by the Residential Energy Services
Network.
TABLE N1106.5 (R406.5) MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE
ENERGY RATING INDEX
ENERGY RATING INDEX
NOT INCLUDING OPP
WITH OPP
0 and 1
51
35
2
51 57
34
3
50
33
4
53
40
5
54
43
6
53
43
7
52
46
8
52
46

G2406.2.1 (303.3.2) Liquefied Petroleum Appliances Prohibited
Locations. LPG appliances shall not be installed in an attic, pit or other
location that would cause a ponding or retention of gas.
P2905.3 Hot water supply to fixtures.
The developed length of hot water piping, from the source of the hot water to the
fixtures that require hot water, shall not exceed 100 feet (30 480 mm). Water heaters
and recirculating system piping shall be considered to be sources of hot water.
E3901.4.2 Island and peninsular countertops and work surfaces.
Receptacle outlets, if installed to serve an island or peninsular countertop or work
surface, shall be installed in accordance with Section E3901.4.3. If a receptacle outlet is
not provided to serve an island or peninsular countertop or work surface, provisions
shall be provided at the island or peninsula for future addition of a receptacle outlet to
serve the island or peninsular countertop or work surface. At least one receptacle shall
be installed at each island and peninsular countertop space with a long dimension of
600 mm (24 in.) or greater and a short dimension of 300 mm (12 in.) or greater. A
peninsular countertop is measured from the connected perpendicular wall.
E3901.4.3 Receptacle outlet location.
Receptacle outlets rendered not readily accessible by appliances fastened in place,
appliance garages, sinks, or rangetops as covered in the exception to Section E3901.4.1,
or appliances occupying assigned spaces shall not be considered as these required
outlets. Required receptacle outlets shall be located in one or more of the following:
1. On or above, but not more than 20 inches (508 mm) above, the countertop
or work surface.
2. In a countertop using receptacle outlet assemblies listed for the use in
countertops.
3. In a work surface using receptacle outlet assemblies listed for use in work
surfaces or listed for use in countertops. [210.52(C)(3)]
Exception: To comply with the following conditions (1) and (2), receptacle outlets shall
be permitted to be mounted not more than 300 mm (12 in.) below the countertop or
work surface. Receptacles mounted below a countertop or work surface in accordance
with this exception shall not be located where the countertop or work surface extends
more than 150 mm (6 in.) beyond its support base.
1. Construction for the physically impaired
2. On island and peninsular countertops or work surface where the surface is flat
across its entire surface (no backsplashes, dividers, etc.) and there are no means
to mount a receptacle within 500 mm (20 in.) above the countertop or work
surface, such as an overhead cabinet

HBACA Proposed Amendment to the 2023 National Electrical Code
Amendment 1
Issue: This amendment limits the GFCI protection requirement to those that serve the countertop
surfaces. It also removes the additional provision requiring GFCI protection in any area with a
sink and permanent provisions for food preparation, beverage preparation, or cooking. Prior to
the 2023 edition, this section only applied to kitchen receptacles serving the countertop surfaces
but was expanded to include the entire kitchen. GFCI protection is still required for receptacles
within six feet of a sink, whether or not provisions for food preparation are present.
2023 NEC Section Number: 210.8(A) & 210.8(D) GFCIs for 250-Volt Receptacles
This amendment removes the requirement for receptacles serving 240-volt appliances to have
GFCI protection when located in bathrooms, crawl spaces, basements, laundry areas, or within 6
feet of sinks, bathtubs, or showers. Prior to the 2020 NEC, this section only applied to
receptacles up to 125 volts. This amendment also removes the requirement for GFCI coverage of
specific 240-volt appliances which was added to the 2023 NEC.
Recommended Amendment:
Revise the section as shown below:
210.8(A) Dwelling Units.
All 125-volt, single-phase, 15- and 20-ampere through 250-volt receptacles installed in the
locations and supplied by single-phase branch circuits rated 150 volts or less to ground shall
have ground-fault circuit-interrupter protection for personnel.
(1) Bathrooms
(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
(3) Outdoors
(4) Crawl spaces — at or below grade level
(5) Basements
(6) Kitchens
(7) Sinks — where receptacles are installed within 1.8 m (6 ft) from the top inside edge of
the bowl of the sink
(8) Boathouses
(9) Bathtubs or shower stalls — where receptacles are installed within 1.8 m (6 ft) of the
outside edge of the bathtub or shower stall
(10) Laundry areas
(11) Indoor damp and wet locations
[The exceptions remain unchanged.]

1

210.8(D) Specific Appliances.
GFCI protection shall be provided for the branch circuit or outlet supplying the following
appliances rated 150 volts or less to ground and 60 amperes or less, single- or 3-phase:
(1) Automotive vacuum machines
(2) Drinking water coolers and bottle fill stations
(3) High-pressure spray washing machines
(4) Tire inflation machines
(5) Vending machines
(6) Sump pumps
(7) Dishwashers
(8) Electric ranges
(9) Wall-mounted ovens
(10) Counter-mounted cooking units
(11) Clothes dryers
(12) Microwave ovens
Reason:
The two main reasons for this amendment are the (1) incompatibility issues caused by requiring
240-volt appliances to be on a GFCI device and (2) the inadequate substantiation given when it
was adopted into the model code.
The change to this section now requires receptacles serving household ranges to be covered by a
GFCI device. The Association of Home Appliance Manufacturers (AHAM) points out that when
this code proposal was submitted to the NEC, it was not submitted to the relevant product safety
standards for household appliances that plug into such outlets. As a result, no evaluation was
conducted to evaluate issues of compatibility between these household appliances and GFCI
devices, leading to nuisance tripping. For more information, see AHAM’s white paper Nuisance
Tripping of Ground-Fault Circuit Interrupters (GFCIs) for Appliances.
The GFCI was first introduced into the NEC when loads, such as appliances, in the home were
operating on 60Hz electricity. Therefore, the GFCIs based their protection requirements on
current measurements at 60Hz:

2

Virtually every modern AC electrical product has parts of the appliance that are operating at
frequencies other than 60Hz. This is due to implementation of components like LED drivers,
switched-mode power supplies, electrically commutated motors, and variable frequency drives.
These components have been implemented to meet consumer demands but also to comply with
mandatory energy efficiency regulations set by the U.S. Department of Energy and state
regulators.
GFCIs need to be modernized. There are no existing requirements for how a GFCI shall react to
frequencies above 60Hz. Even if appliances have minimal, safe levels of high frequency leakage
current, GFCIs are tripping and disabling critical appliances. There is a UL 943 Task Group that
is working to update the GFCI standard for modern electrical loads.

3

Until this update is published into UL 943 and made a compliance requirement, GFCI expansion
in the NEC is premature.
Regarding the substantiation for this change in the model code, the unfortunate event used as the
sole substantiation for the change involved an older stove with both an appliance manufacturing
error as well as an installation error. This change goes beyond requiring belt and suspenders
safety provisions, which were already in place.
The proposed requirement of GFCI protection for all 240-volt receptacles is too broad and not
supported by the committee’s substantiation. According to the NFPA article used to support the
change, the appliance in question was “an older installation, one predating today’s requirement
to install an equipment grounding conductor in the branch circuit to the range”. The tragedy was
only possible with older wiring. This is another example that shows new construction and
updated electrical systems do not constitute the same dangers as those in older homes, yet this
requirement was not limited to homes with older wiring methods.
The committee contended that 240-volt receptacles presented similar hazards as 125-volt
convenience receptacles and this is not true. 240-volt receptacles are installed behind the range
or dryer without being readily accessible to the consumer. 240-volt appliances are plugged in and
left for the operation of the appliance, but 125-volt receptacles are generally accessible to the
consumer. If the consumer chose to, they could use a convenience receptacle for extension cords
or other appliance use, whereas a 240-volt receptacle is specific to that appliance.
Similar amendments have been adopted in Iowa, Oregon, South Dakota, and Utah, and the
requirement for GFCI coverage on 240-volt receptacles has been postponed in some
jurisdictions, as well.
In 2019, the cost of this change was calculated to be $272 for homes with two 240-volt
appliances, such as an electric range and an electric dryer. Many homes also have additional
appliances that would be affected, such as electric water heaters. Since the cost for 240-volt

4

GFCI breakers was calculated, the cost of electronic devices has increased greatly due to global
supply chain challenges.

5

HBACA Proposed Amendment to the 2023 National Electrical Code
Amendment 2
Issue: This amendment limits the GFCI protection requirement to those that serve the countertop
surfaces. It also removes the additional provision requiring GFCI protection in any area with a
sink and permanent provisions for food preparation, beverage preparation, or cooking. Prior to
the 2023 edition, this section only applied to kitchen receptacles serving the countertop surfaces
but was expanded to include the entire kitchen. GFCI protection is still required for receptacles
within six feet of a sink, whether or not provisions for food preparation are present.
2023 NEC Section Number: 210.8(A) GFCIs for Kitchen Receptacles
Recommended Amendment:
Revise the section as shown below:
210.8(A) Dwelling Units.
All 125-volt through 250-volt receptacles installed in the locations and supplied by single-phase
branch circuits rated 150 volts or less to ground shall have ground-fault circuit-interrupter
protection for personnel.
(1) Bathrooms
(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
(3) Outdoors
(4) Crawl spaces — at or below grade level
(5) Basements
(6) Kitchens — where the receptacles are installed to serve the countertop surfaces
(7) Areas with sinks and permanent provisions for food preparation, beverage preparation,
or cooking
(8) Sinks — where receptacles are installed within 1.8 m (6 ft) from the top inside edge of
the bowl of the sink
(9) Boathouses
(10) Bathtubs or shower stalls — where receptacles are installed within 1.8 m (6 ft) of the
outside edge of the bathtub or shower stall
(11) Laundry areas
(12) Indoor damp and wet locations
[The exceptions remain unchanged.]

6

Reason:
GFCIs have been an unmitigated success, contributing significantly to reducing deaths due to
electrical shock. In just 25 years after GFCIs were introduced, accidental electrocutions in the
United States were cut by more than half, even though electricity use more than doubled1. There
is a clear relationship between the reduction in electrocutions and the increased use of GFCIs
over the last 45 years as indicated in Figure 1 below. However, this success has relied on
requiring the devices in locations where dangers exist which they can protect against.
GFCIs are shown to be effective where a corded product is plugged into a standard
“convenience” receptacle in a wet or damp location. However, the expanded requirement is for
areas of the kitchen where handheld electric devices will never come near the sink. The extent of
a “kitchen” is very open to interpretation and may include any dining and living areas connected
to it in today’s popular open floor plans. Many additional receptacles are covered by this new
requirement.
Over 80 percent of the incidents cited as reason for this change in the model code resulted from
people attempting to repair, modify or install an appliance while plugged in and contact
occurring with the energized elements within the particular appliance. The NEC should not
mandate GFCI protection for all kitchen outlets due to the clearly unsafe practices of unqualified
individuals.

Figure 1: GFCI Protection in Homes Versus Electrocutions 1975 to 2018 (Source: A NEMA
Ground Fault Personnel Protection Section Article entitled “GFCI Receptacles: Consumer
Protection Personified” June 2020, Revision 2).

7

Footnotes:
1

“Know the Dangers in Your Older Home”, February 2015 (page 5), Electrical Safety
Foundation International.

8

HBACA Proposed Amendment to the 2023 National Electrical Code
Amendment 3

Issue: This amendment removes the all-encompassing requirement for basement receptacles to
have GFCI protection. Prior to the 2020 edition, this section only applied to unfinished areas of
basements.
2023 NEC Section Number: 210.8(A)(5) GFCIs for Basement Receptacles
Recommended Amendment:
Revise the section as shown below:
210.8(A) Dwelling Units.
All 125-volt through 250-volt receptacles installed in the locations and supplied by single-phase
branch circuits rated 150 volts or less to ground shall have ground-fault circuit-interrupter
protection for personnel.
(1) Bathrooms
(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
(3) Outdoors
(4) Crawl spaces — at or below grade level
(5) Basements Unfinished portions or areas of the basement not intended as habitable rooms
(6) Kitchens
(7) Sinks — where receptacles are installed within 1.8 m (6 ft) from the top inside edge of
the bowl of the sink
(8) Boathouses
(9) Bathtubs or shower stalls — where receptacles are installed within 1.8 m (6 ft) of the
outside edge of the bathtub or shower stall
(10) Laundry areas
(11) Indoor damp and wet locations
[The exceptions remain unchanged.]
Reason:
When this change was adopted, substantiation of actual problems in finished basements was not
provided to support expanding the requirement beyond unfinished basements during the code
development cycle. Finished basements are not prone to damp conditions that may lead to the

9

unintended grounding GFCIs protect against and should not be subject to the same rules as
unfinished areas of basements.
Expanding GFCI coverage to all areas of finished basements, even where no water is to be
expected, is not justified. Finished living areas of basements are not as hazardous as areas where
GFCIs are otherwise required, such as bathrooms or kitchens where people use small appliances
near sinks and tubs, and no data was presented to prove otherwise. GFCI receptacles were first
required in the 1987 edition of the code and expanded to the entire unfinished area of basements
in the following edition. For the past 30 years, this provision has been adequate which highlights
the lack of any known benefit gained by expanding GFCIs to all areas of finished basements.
(See Figure 1.)

Figure 1: GFCI Protection in Homes Versus Electrocutions 1975 to 2018 (Source: A NEMA
Ground Fault Personnel Protection Section Article entitled “GFCI Receptacles: Consumer
Protection Personified” June 2020, Revision 2).
The committee statement claims that “basements whether finished or unfinished are prone to
moisture including flooding,” but that statement best reflects conditions in older existing homes.
Government regulations and building codes have added requirements to address moisture in
basements. One example is the National Flood Insurance Program (NFIP) under FEMA, which
includes provisions for the construction of new homes. Under the program, basements are
prohibited in new construction or in substantially improved/repaired existing buildings unless the
floor of the basement is at or above the design flood elevation. The design flood elevation is the
base flood elevation plus any additional “freeboard” required by the building code or local
floodplain ordinance. The building code currently requires one foot of freeboard. In addition,
basements are prohibited entirely in coastal high-hazard areas, where buildings need to be
elevated on piles or piers.
Especially relevant is the requirement for electrical equipment and components to be above the
design flood elevation unless “designed and installed to prevent water from entering or
accumulating within the components.”

10

Regarding the issue of moisture entering a basement from the soil, newer homes with basements
require drain tile and water proofing materials which go beyond the traditional parging mortar of
the past. As written, this provision affects all new houses, but only the expanded and updated
circuits in older homes would need to comply.
Similar amendments have been adopted in Oregon and Utah, and the requirement for GFCI
coverage throughout basements has been removed for finished portions of walk-out basements in
South Carolina if not required by other provisions.

11

HBACA Proposed Amendment to the 2023 National Electrical Code
Amendment 4
Issue: This amendment removes the requirement for outdoor outlets other than those receptacles
covered by 210.8(A) to have GFCI protection.
2023 NEC Section Number: 210.8(F) GFCIs for Outdoor Outlets
Recommended Amendment:
Revise the section as shown below:
210.8(F) Outdoor Outlets.
[Delete the entire section.]
Reason:
The requirements of this section have been very contentious since it was introduced in the 2020
NEC. When it was first implemented, multiple states experienced large numbers of GFCIs
tripping which shut down air conditioning as well as heat pump units. Due to the problems
experienced by the first states to adopt the 2020 NEC with the new section, almost every other
state that adopted that edition modified or deleted Section 210.8(F).
The 2023 edition would have required this section to be enforced in full except for the
intervention of the NFPA Standards Council following an appeal. In their decision from August
2022, the Council, which acts like a court of last resort in the NFPA code development process,
commented that the section has been at the heart of multiple processed Tentative Interim
Amendments (TIAs), as well as extensive Task Group work since it was introduced. According
to the Council, the appeal does present a clear and substantial basis upon which to overturn the
results yielded by the NPFA standards development process. It cannot be overemphasized how
significant this statement is, and it shows that not all model code changes should be accepted at
face value.
The Council’s final decision #22-12 adds an exemption for “listed HVAC equipment” which
expires September 1, 2026. Jurisdictions should be aware of this date because it is highly
unlikely the compatibility issues explained below will be resolved by then. To fully address the
issue, the standards that govern GFCI protection as well as HVAC equipment need to be updated
in a coordinated manner, and that process is not close to completion.
If GFCI protection is required while the incompatibility issue remains, there is a higher risk of
people being adversely impacted by exposure to extreme temperatures due to nuisance tripping
than the risk of people being exposed to a leakage current that could cause injury or harm. The
issue of GFCI protection not being compatible with listed HVAC equipment was known at the

12

time it was approved for the model code. In fact, three of the four negative ballots during the
code development cycle specifically mentioned the concern with incompatibility associated with
requiring GFCI protection for listed HVAC equipment.
Technical Substantiation
UL 943 (Standard for Ground-Fault Circuit-Interrupters) requires that Class A ground-fault
circuit-interrupters are capable of tripping at a minimum of 6 mA and could be as low as 4 mA.
UL 60335-2 (Standard for Household and Similar Electrical Appliances – Safety – Part 2-40:
Particular Requirements for Electrical Heat Pumps, Air Conditioners and Dehumidifiers) allows
a maximum leakage current value of 10 mA for appliances accessible to the general public.
Data shows that HVAC equipment can have a leakage current higher than what would trip a
Class A GFCI, but the touch current remains at safe levels. What is concerning are the number of
fatalities (no cooling during a heat wave period) due to nuisance trips associated with GFCI
protection of HVAC equipment.
Facts to Consider
No. of Homes with HVAC Units
in US
(Estimated)
US Population Age 65 and over
Temperature Where Heat
Exhaustion or Stroke Can Occur

Sources
100 https://www.eia.gov/consumption/residential/r
million eports/2009/air-conditioning.php
17% https://censusreporter.org/profiles/01000USunited-states/
104° F https://www.mayoclinic.org/diseasesconditions/heat-stroke/symptoms-causes/syc20353581

Five conditions were identified that affect interoperability which have yet to be fully examined.
This highlights the fact that a solution to the issue is unlikely to be found prior to the 2026
expiration date for the current exception as approved by the Standards Council.
Conclusion
Almost every state that has adopted the 2020 Edition of the NEC has modified or deleted Section
210.8(F). The equipment incompatibility issues identified above will not be resolved by
September 1, 2026. If GFCI protection is required while the incompatibility issue remains, there
is a higher risk of people being adversely impacted by exposure to extreme temperatures due to
nuisance tripping than the risk of people being exposed to a leakage current that could cause
injury or harm.
This NEC amendment has been adopted in several local jurisdictions including Chandler,
Goodyear, and San Tan Valley and similar amendments have been adopted in Georgia,
Massachusetts, New Mexico, Oregon, South Dakota, Texas, and Utah. Additionally, five states
added exemptions allowing certain pumps (sump pumps, sewage lift pumps or condensate
pumps) to not be covered by a GFCI.

13

HBACA Proposed Amendment to the 2023 National Electrical Code
Amendment 5.1
Issue: This amendment removes the requirement for AFCI devices to be installed in one- and
two-family dwellings and townhouses.
2023 NEC Section Number: 210.12 Arc-Fault Circuit Interrupters (AFCI)
Recommended Amendment:
Revise the section as shown below:
210.12(B) Dwelling Units.
All 120-volt, single-phase, 10-, 15-, and 20-ampere branch circuits supplying outlets or devices
installed in the following locations shall be protected by any of the means described
in 210.12(A)(1) through (A)(6):
(1) Kitchens
(2) Family rooms
(3) Dining rooms
(4) Living rooms
(5) Parlors
(6) Libraries
(7) Dens
(8) Bedrooms
(9) Sunrooms
(10) Recreation rooms
(11) Closets
(12) Hallways
(13) Laundry areas
(14) Similar areas
Exception No. 1: AFCI protection shall not be required for an individual branch circuit
supplying a fire alarm system installed in accordance with 760.41(B) or 760.121(B). The branch
circuit shall be installed in a metal raceway, metal auxiliary gutter, steel-armored cable, or Type
MC or Type AC cable meeting the applicable requirements of 250.118, with metal boxes, conduit
bodies, and enclosures.
Exception No. 2: AFCI protection shall not be required for the individual branch circuit
supplying an outlet for arc welding equipment in a dwelling unit until January 1, 2025.
Exception No. 3: AFCI protection shall not be required for one- and two-family dwellings and
townhouses.

14

Informational Note No. 1: See NFPA 72-2022, National Fire Alarm and Signaling Code,
29.9.4(5), for information on secondary power source requirements for smoke alarms installed in
dwelling units.
Informational Note No. 2: See 760.41(B) and 760.121(B) for power source requirements for fire
alarm systems.
Reason:
The list of locations within a dwelling requiring AFCIs was last expanded in the 2014 NEC. That
change was substantiated by pointing to the decision to add them to the code in the 1990s. Since
then, that original decision has not been revisited despite mounting evidence that these devices
do not offer the benefits they were designed for.
AFCIs were first introduced in the 1999 edition of the National Electrical Code (NEC) with an
effective date of Jan. 1, 2002. The approval of the code change was based on the U.S. Consumer
Product Safety Commission (CPSC) report Revised Residential Fire Loss Estimates: 1980 –
1998. However, the number of incidents cited at the time was nearly five times higher than
in the later CPSC report 2010–2012 Residential Fire Loss Estimates (see Table 1). This
significant change is not due to any effect from the slow rollout of AFCIs after 2002 which was
limited to bedroom circuits until the 2008 NEC and only where the latest edition was adopted.
Table 1: Change in Electrical Distribution Fire Estimates
CPSC Report
1980-1998

2015 CPSC Report
2010-2012

Percentage of
Original Estimate

Total Estimated Fires
Attended by the Fire
47,000
9,600†
20%
Service (Annual
Average)
†
The properties that were included in the analysis were single/multifamily dwellings, any type
of boarding houses, dormitories, sorority/fraternity houses, hotels/motels, and mobile and
motor homes not in transit.

It is important to note that the lower number from the later report includes mobile
(manufactured) homes and motor homes (RVs) that are not in transit. It is unclear to what extent
these particular property types contribute to the overall number of fires, and the proposed
exception does not exempt them.
Where the data showed that AFCIs would have a minimal benefit, the results were ignored. The
resulting expected benefits led to AFCI requirements being included in the NEC, but they were
overblown. Today, the data bears this out. AFCIs have now been protecting electrical systems in
homes for two decades and that protection has grown to cover an extensive area of the home. If
they were effective, one should reasonably expect to see fire data showing a steady decline in
fires involving electrical wiring and related equipment. However, that is not the case.
The Fire Protection Research Foundation (FPRF), an affiliate of NFPA, concluded there is
no practical method to collect relevant data in their report Residential Electrical Fire
Problem: The Data Landscape. The FPRF investigated the available data in 2018 and concluded
15

the following: “Unfortunately, there are inherent challenges and barriers to the effective
collection of the applicable data. Traditional data collection approaches have shortcomings that
make their ultimate value questionable (e.g., lack of detail and quality on fire department
collected residential fire events). Further, not all existing datasets are openly accessible, is
lacking specific important details, or is insufficient in quality.” There is no known data indicating
that the expansion of AFCI requirements in the NEC has resulted in a quantifiable reduction of
residential fires due to electrical malfunctions.
The problems with the original rationale were so evident that even electrical manufacturers
spoke against the proposal at the time. During the 1998 code development cycle comment
period, manufacturers’ representatives stated that a large body of information was available to
support rejecting an AFCI mandate. The main issue: the electrical problems AFCIs are designed
to prevent occur overwhelmingly in older dwellings.
The July 2021 issue of the U.S. Fire Administration’s Topical Fire Report Series reported “A
strong relationship between housing age and the rate of electrical fires has been observed, with
housing over 40 years old having the strongest association with electrical distribution fires
[emphasis added].” This finding is from the 1988 CPSC study, “Residential Electrical
Distribution System Fires,” so it is comparing homes that are now 80 years old with those that
were new at the time of the study. No similar study has been made to compare the previous
findings with homes built in the last four decades.
When the home was built is important: The median age of one- and two-family housing in the
U.S. is 40 years. The share of housing units built before 1970 is 38%, and those built before 1950
is 18%. According to a study conducted by the U.S. Consumer Product Safety Commission,
dwellings built before 1965 may still have fuses instead of circuit breakers, and those built before
1945 may still have knob and tube wiring.
No data is collected on the age of homes where fire occurs, and the vast majority of residential
fires may occur in these older homes. The CPSC study showed that 85% of fires of electrical
origin occur in homes that are more than 20 years old at the time of the study. This means
that the bulk of these homes were wired in accordance with the 1965 or earlier editions of the
NEC. Further, they were wired with products manufactured to product safety standards of a
similar vintage. In the years since this study was produced, numerous changes have been made in
both the NEC and product safety standards which mitigate against similar fires in newer
homes—even as they age.
These older homes were also wired with a very limited number of receptacle outlets, resulting in
extensive use of extension cords or improper alterations and additions to the original electrical
system, both recognized fire hazards. In addition, they are more likely to have outdated
appliances, space heaters or other characteristics that might lead to a greater risk of a fire
starting. Newer homes have fire blocking, hardwired smoke alarms and egress windows installed
to today’s codes, all of which increase the chances of surviving a fire if one does start. Even as
homes built to today's residential code get older, they will continue to provide protection
for families through their improved safety.
It is clear that requiring AFCIs in new construction will not prevent all damage. This is due to
the fact that AFCIs cannot prevent all fires and, more importantly, that electrical fires occur
overwhelmingly in older houses. While questions regarding construction code requirements

16

intended to increase the safety of homes cannot, and should not, be decided solely on the issue of
cost, it is reasonable to ask if there is a demonstrated need for the requirement or if an acceptable
level of safety can be achieved through other, less expensive means. The cost of an incremental
increase in the margin of safety can be quite high.
Higher regulatory costs have real consequences for working American families. These
regulations end up pushing the price of housing beyond the means of many teachers, police
officers, firefighters and other middle-class workers. Nationally, for every $1,000 increase in the
price of a home, about 140,500 households are priced out of the market for a median-priced new
home. (These households would qualify for the mortgage before the price increase, but not
afterward.) The added cost of $300-$400 for AFCIs may not sound like much when compared to
the overall cost of a home, but this is only one of many regulations which adds cost for new
homebuyers. Every $859 increase in construction costs adds an additional $1,000 to the final
price of the home.
Mandating costly incremental increases in safety will only protect those who can afford them and
will often decrease safety for those who cannot. Families who cannot qualify to purchase homes
due to the increased costs from mandatory code requirements such as AFCIs will have to live in
housing that is less safe, because that housing was built to less stringent code requirements.
From 1980 to 2015, data shows there has been a significant drop in the number of reported fires,
injuries and fatalities in the United States. During that time period the number of fires has
dropped by 50 percent and fatalities have dropped by about the same margin, even as the
population increased. The decline was sharpest during the 1980s before AFCIs were introduced.
This further supports the importance of encouraging homeowners to move up to newer homes
without the added burden of increased regulation.
Similar amendments have been adopted in Indiana, Michigan, and Utah. In all, nineteen states
have amended the code to reduce AFCI requirements.

17

HBACA Proposed Amendment to the 2023 National Electrical Code
Amendment 5.2
Issue: This amendment removes the requirement for AFCI devices in residential kitchens and
laundry areas only.
2023 NEC Section Number: 210.12 Arc-Fault Circuit Interrupters (AFCI)
Recommended Amendment:
Revise the section as shown below:
210.12(B) Dwelling Units.
All 120-volt, single-phase, 10-, 15-, and 20-ampere branch circuits supplying outlets or devices
installed in the following locations shall be protected by any of the means described
in 210.12(A)(1) through (A)(6):
(1) Kitchens
(2) Family rooms
(3) Dining rooms
(4) Living rooms
(5) Parlors
(6) Libraries
(7) Dens
(8) Bedrooms
(9) Sunrooms
(10) Recreation rooms
(11) Closets
(12) Hallways
(13) Laundry areas
(14) Similar areas
Exception No. 1: AFCI protection shall not be required for an individual branch circuit
supplying a fire alarm system installed in accordance with 760.41(B) or 760.121(B). The branch
circuit shall be installed in a metal raceway, metal auxiliary gutter, steel-armored cable, or Type
MC or Type AC cable meeting the applicable requirements of 250.118, with metal boxes, conduit
bodies, and enclosures.
Exception No. 2: AFCI protection shall not be required for the individual branch circuit
supplying an outlet for arc welding equipment in a dwelling unit until January 1, 2025.
Informational Note No. 1: See NFPA 72-2022, National Fire Alarm and Signaling Code,
29.9.4(5), for information on secondary power source requirements for smoke alarms installed in
dwelling units.

18

Informational Note No. 2: See 760.41(B) and 760.121(B) for power source requirements for fire
alarm systems.
Reason:
Kitchens and laundry areas were added to the list of locations within a dwelling requiring AFCIs
in the 2014 NEC. It was the last time the list was changed, and it was substantiated by pointing
to the decision to add them to the code in the 1990s. Since then, that original decision has not
been revisited despite mounting evidence that these devices do not offer the benefits they were
designed for.
There is an incompatibility problem between AFCI devices and home appliances, and the
added areas include many home appliances. Despite this, no formal evaluation was conducted on
issues of compatibility between household appliances and AFCI devices, some of which are
overly sensitive. There are no industry-wide rules for the specific protection that an AFCI must
provide, making it impossible for home appliance manufacturers to consistently design products
that will not nuisance trip an AFCI. Nuisance tripping is especially concerning when it puts
consumers at risk and without access to appliances essential for health and safety, like room air
conditioners, dehumidifiers, refrigerators, freezers or room air cleaners. The Association of
Home Appliance Manufacturers have created the white paper “Nuisance Tripping of Arc-Fault
Circuit Interrupters (AFCIs) for Appliances” which explains the issue in greater detail.
AFCIs were first introduced in the 1999 edition of the National Electrical Code (NEC) with an
effective date of Jan. 1, 2002. The approval of the code change was based on the U.S. Consumer
Product Safety Commission (CPSC) report Revised Residential Fire Loss Estimates: 1980 –
1998. However, the number of incidents cited at the time was nearly five times higher than
in the later CPSC report 2010–2012 Residential Fire Loss Estimates (see Table 1). This
significant change is not due to any effect from the slow rollout of AFCIs after 2002 which was
limited to bedroom circuits until the 2008 NEC and only where the latest edition was adopted.
Table 1: Change in Electrical Distribution Fire Estimates
CPSC Report
1980-1998

2015 CPSC Report
2010-2012

Percentage of
Original Estimate

Total Estimated Fires
Attended by the Fire
47,000
9,600†
20%
Service (Annual
Average)
†
The properties that were included in the analysis were single/multifamily dwellings, any type
of boarding houses, dormitories, sorority/fraternity houses, hotels/motels, and mobile and
motor homes not in transit.

It is important to note that the lower number from the later report includes mobile
(manufactured) homes and motor homes (RVs) that are not in transit. It is unclear to what extent
these particular property types contribute to the overall number of fires, and the proposed
exception does not exempt them.

19

Where the data showed that AFCIs would have a minimal benefit, the results were ignored. The
resulting expected benefits led to AFCI requirements being included in the NEC, but they were
overblown. Today, the data bears this out. AFCIs have now been protecting electrical systems in
homes for two decades and that protection has grown to cover an extensive area of the home. If
they were effective, one should reasonably expect to see fire data showing a steady decline in
fires involving electrical wiring and related equipment. However, that is not the case.
The Fire Protection Research Foundation (FPRF), an affiliate of NFPA, concluded there is
no practical method to collect relevant data in their report Residential Electrical Fire
Problem: The Data Landscape. The FPRF investigated the available data in 2018 and concluded
the following: “Unfortunately, there are inherent challenges and barriers to the effective
collection of the applicable data. Traditional data collection approaches have shortcomings that
make their ultimate value questionable (e.g., lack of detail and quality on fire department
collected residential fire events). Further, not all existing datasets are openly accessible, is
lacking specific important details, or is insufficient in quality.” There is no known data indicating
that the expansion of AFCI requirements in the NEC has resulted in a quantifiable reduction of
residential fires due to electrical malfunctions.
The problems with the original rationale were so evident that even electrical manufacturers
spoke against the proposal at the time. During the 1998 code development cycle comment
period, manufacturers’ representatives stated that a large body of information was available to
support rejecting an AFCI mandate. The main issue: the electrical problems AFCIs are designed
to prevent occur overwhelmingly in older dwellings.
The July 2021 issue of the U.S. Fire Administration’s Topical Fire Report Series reported “A
strong relationship between housing age and the rate of electrical fires has been observed, with
housing over 40 years old having the strongest association with electrical distribution fires
[emphasis added].” This finding is from the 1988 CPSC study, “Residential Electrical
Distribution System Fires,” so it is comparing homes that are now 80 years old with those that
were new at that time of the time of the study. No similar study has been made to compare the
previous findings with homes built in the last four decades.
When the home was built is important: The median age of one- and two-family housing in the
U.S. is 40 years. The share of housing units built before 1970 is 38%, and those built before 1950
is 18%. According to a study conducted by the U.S. Consumer Product Safety Commission,
dwellings built before 1965 may still have fuses instead of circuit breakers, and those built before
1945 may still have knob and tube wiring.
No data is collected on the age of homes where fire occurs, and the vast majority of residential
fires may occur in these older homes. The CPSC study showed that 85% of fires of electrical
origin occur in homes that are more than 20 years old at the time of the study. This means
that the bulk of these homes were wired in accordance with the 1965 or earlier editions of the
NEC. Further, they were wired with products manufactured to product safety standards of a
similar vintage. In the years since this study was produced, numerous changes have been made in
both the NEC and product safety standards which mitigate against similar fires in newer
homes—even as they age.
These older homes were also wired with a very limited number of receptacle outlets, resulting in
extensive use of extension cords or improper alterations and additions to the original electrical

20

system, both recognized fire hazards. In addition, they are more likely to have outdated
appliances, space heaters or other characteristics that might lead to a greater risk of a fire
starting. Newer homes have fire blocking, hardwired smoke alarms and egress windows installed
to today’s codes, all of which increase the chances of surviving a fire if one does start. Even as
homes built to today's residential code get older, they will continue to provide protection
for families through their improved safety.
It is clear that requiring AFCIs in new construction will not prevent all damage. This is due to
the fact that AFCIs cannot prevent all fires and, more importantly, that electrical fires occur
overwhelmingly in older houses. While questions regarding construction code requirements
intended to increase the safety of homes cannot, and should not, be decided solely on the issue of
cost, it is reasonable to ask if there is a demonstrated need for the requirement or if an acceptable
level of safety can be achieved through other, less expensive means. The cost of an incremental
increase in the margin of safety can be quite high.
Higher regulatory costs have real consequences for working American families. These
regulations end up pushing the price of housing beyond the means of many teachers, police
officers, firefighters and other middle-class workers. Nationally, for every $1,000 increase in the
price of a home, about 140,500 households are priced out of the market for a median-priced new
home. (These households would qualify for the mortgage before the price increase, but not
afterward.) The added cost of $300-$400 for AFCIs may not sound like much when compared to
the overall cost of a home, but this is only one of many regulations which adds cost for new
homebuyers. Every $859 increase in construction costs adds an additional $1,000 to the final
price of the home.
Mandating costly incremental increases in safety will only protect those who can afford them and
will often decrease safety for those who cannot. Families who cannot qualify to purchase homes
due to the increased costs from mandatory code requirements such as AFCIs will have to live in
housing that is less safe, because that housing was built to less stringent code requirements.
Similar amendments have been adopted in Arkansas, North Carolina, Oregon and Wisconsin.
Three additional states have exempted kitchens or kitchen countertops from requiring AFCIs.
Three more have completely removed the requirement for AFCIs for single-family homes. In all,
nineteen states have amended the code to remove or reduce AFCI requirements.

21

HBACA Proposed Amendment to the 2023 National Electrical Code
Amendment 6
Issue: This amendment removes the requirement for AFCI devices for residential dwelling units
to be installed when receptacles are replaced.
2023 NEC Section Number: 406.4(D)(4) Arc-Fault Circuit Interrupters (AFCI) Receptacle
Replacement
Recommended Amendment:
Revise the section as shown below:
406.4(D)(4) Arc-Fault Circuit-Interrupter Protection.
[Delete the entire section.]
Reason:
The last time the list of locations within a dwelling requiring AFCIs was changed was in the
2014 NEC, and it was substantiated by pointing to the decision to add them to the code in the
1990s. Since then, that original decision has not been revisited despite mounting evidence that
these devices do not offer the benefits they were intended for.
AFCIs were first introduced in the 1999 edition of the National Electrical Code (NEC) with an
effective date of Jan. 1, 2002. The approval of the code change was based on the U.S. Consumer
Product Safety Commission (CPSC) report Revised Residential Fire Loss Estimates: 1980 –
1998. However, the number of incidents cited at the time was nearly five times higher than
in the later CPSC report 2010–2012 Residential Fire Loss Estimates (see Table 1). This
significant change is not due to any effect from the slow rollout of AFCIs after 2002 which was
limited to bedroom circuits until the 2008 NEC and only where the latest edition was adopted.
Table 1: Change in Electrical Distribution Fire Estimates
CPSC Report
1980-1998

2015 CPSC Report
2010-2012

Percentage of
Original Estimate

Total Estimated Fires
Attended by the Fire
47,000
9,600†
20%
Service (Annual
Average)
†
The properties that were included in the analysis were single/multifamily dwellings, any type
of boarding houses, dormitories, sorority/fraternity houses, hotels/motels, and mobile and
motor homes not in transit.

22

It is important to note that the lower number from the later report includes mobile
(manufactured) homes and motor homes (RVs) that are not in transit. It is unclear to what extent
these particular property types contribute to the overall number of fires, and the proposed
exception does not exempt them.
Where the data showed that AFCIs would have a minimal benefit, the results were ignored. The
resulting expected benefits led to AFCI requirements being included in the NEC, but they were
overblown. Today, the data bears this out. AFCIs have now been protecting electrical systems in
homes for two decades and that protection has grown to cover an extensive area of the home. If
they were effective, one should reasonably expect to see fire data showing a steady decline in
fires involving electrical wiring and related equipment. However, that is not the case.
The Fire Protection Research Foundation (FPRF), an affiliate of NFPA, concluded there is
no practical method to collect relevant data in their report Residential Electrical Fire
Problem: The Data Landscape. The FPRF investigated the available data in 2018 and concluded
the following: “Unfortunately, there are inherent challenges and barriers to the effective
collection of the applicable data. Traditional data collection approaches have shortcomings that
make their ultimate value questionable (e.g., lack of detail and quality on fire department
collected residential fire events). Further, not all existing datasets are openly accessible, is
lacking specific important details, or is insufficient in quality.” There is no known data indicating
that the expansion of AFCI requirements in the NEC has resulted in a quantifiable reduction of
residential fires due to electrical malfunctions.
The problems with the original rationale were so evident that even electrical manufacturers
spoke against the proposal at the time. During the 1998 code development cycle comment
period, manufacturers’ representatives stated that a large body of information was available to
support rejecting an AFCI mandate. The main issue: the electrical problems AFCIs are designed
to prevent occur overwhelmingly in older dwellings.
The July 2021 issue of the U.S. Fire Administration’s Topical Fire Report Series reported “A
strong relationship between housing age and the rate of electrical fires has been observed, with
housing over 40 years old having the strongest association with electrical distribution fires
[emphasis added].” This finding is from the 1988 CPSC study, “Residential Electrical
Distribution System Fires,” so it is comparing homes that are now 80 years old with those that
were new at that time of the time of the study. No similar study has been made to compare the
previous findings with homes built in the last four decades.
When the home was built is important: The median age of one- and two-family housing in the
U.S. is 40 years. The share of housing units built before 1970 is 38%, and those built before 1950
is 18%. According to a study conducted by the U.S. Consumer Product Safety Commission,
dwellings built before 1965 may still have fuses instead of circuit breakers, and those built before
1945 may still have knob and tube wiring.
No data is collected on the age of a home when a fire occurs, and the vast majority of residential
fires may occur in these older homes. The CPSC study showed that 85% of fires of electrical
origin occur in homes that are more than 20 years old at the time of the study. This means
that the bulk of these homes were wired in accordance with the 1965 or earlier editions of the
NEC. Further, they were wired with products manufactured to product safety standards of a
similar vintage. In the years since this study was produced, numerous changes have been made in

23

both the NEC and product safety standards which mitigate against similar fires in newer
homes—even as they age.
These older homes were also wired with a very limited number of receptacle outlets, resulting in
extensive use of extension cords or improper alterations and additions to the original electrical
system, both recognized fire hazards. In addition, they are more likely to have outdated
appliances, space heaters or other characteristics that might lead to a greater risk of a fire
starting. Newer homes have fire blocking, hardwired smoke alarms and egress windows installed
to today’s codes, all of which increase the chances of surviving a fire if one does start. Even as
homes built to today's residential code get older, they will continue to provide protection
for families through their improved safety.
From 1980 to 2015, data shows there has been a significant drop in the number of reported fires,
injuries and fatalities in the United States. During that time period the number of fires has
dropped by 50 percent and fatalities have dropped by about the same margin, even as the
population increased. The decline was sharpest during the 1980s before AFCIs were introduced.
This further supports the importance of encouraging homeowners to move up to newer homes
without the added burden of increased regulation.
It is clear that requiring AFCIs in new construction will not prevent all damage. This is due to
the fact that AFCIs cannot prevent all fires and, more importantly, that electrical fires occur
overwhelmingly in older houses. While questions regarding construction code requirements
intended to increase the safety of homes cannot, and should not, be decided solely on the issue of
cost, it is reasonable to ask if there is a demonstrated need for the requirement or if an acceptable
level of safety can be achieved through other, less expensive means. The cost of an incremental
increase in the margin of safety can be quite high.
The lack of data to support AFCI expansion caused the leadership of the governing codemaking panel to ask the NFPA Research Foundation (an affiliate of NFPA who publishes the
NEC) to analyze existing fire data and make recommendations on next steps. Its report
“Residential Electrical Fire Problem: The Data Landscape” acknowledged that “data and data
analytics is lacking to guide the optimum approaches to minimize residential electrical fires and
related hazards.” The report also observes that “while proving the effectiveness of preventative
measures (e.g., AFCIs) is a challenging task, the significant limitations associated with the
existing traditional data sources presents serious concerns.” It is clearly not the time to expand
AFCI coverage in the home when the benefits cannot be verified.
Higher regulatory costs have real consequences for working American families. These
regulations end up pushing the price of housing beyond the means of many teachers, police
officers, firefighters and other middle-class workers. Nationally, for every $1,000 increase in the
price of a home, about 140,500 households are priced out of the market for a median-priced new
home. (These households would qualify for the mortgage before the price increase, but not
afterward.) The added cost of $300-$400 for AFCIs may not sound like much when compared to
the overall cost of a home, but this is only one of many regulations which adds cost for new
homebuyers. Every $859 increase in construction costs adds an additional $1,000 to the final
price of the home.
Mandating costly incremental increases in safety will only protect those who can afford them and
will often decrease safety for those who cannot. Families who cannot qualify to purchase homes

24

due to the increased costs from mandatory code requirements such as AFCIs will have to live in
housing that is less safe, because that housing was built to less stringent code requirements.
Similar amendments have been adopted in New Jersey and North Carolina. Three additional
states have completely removed the requirement for AFCIs for single-family homes. In all,
nineteen states have amended the code to reduce AFCI requirements.

25

HBACA Proposed Amendment to the 2023 National Electrical Code
Amendment 7

Issue: This amendment removes the requirement for provisions for a future receptacle to be
provided if no receptacle on the island or peninsula is installed and reinstates the requirement for
at least one receptacle at each island or peninsula from the 2017 edition. It also reinstates the
exception allowing receptacles to be installed below the countertop where installed on certain
islands and peninsulas and where installed for accessibility for people with disabilities.
2023 NEC Section Number: 210.52(C)(2) Kitchen Receptacles on Islands and Peninsulas
Recommended Amendment:
Revise the section as shown below:
210.52(C)(2) Island and Peninsular Countertops and Work Surfaces.
Receptacle outlets, if installed to serve an island or peninsular countertop or work surface, shall
be installed in accordance with 210.52(C)(3). If a receptacle outlet is not provided to serve an
island or peninsular countertop or work surface, provisions shall be provided at the island or
peninsula for future addition of a receptacle outlet to serve the island or peninsular countertop or
work surface.
At least one receptacle shall be installed at each island and peninsular countertop space with a
long dimension of 600 mm (24 in.) or greater and a short dimension of 300 mm (12 in.) or
greater. A peninsular countertop is measured from the connected perpendicular wall.
210.52(C)(3) Receptacle Outlet Location.
Receptacle outlets shall be located in one or more of the following:
(1) On or above, but not more than 500 mm (20 in.) above, a countertop or work surface
(2) In a countertop using receptacle outlet assemblies listed for use in countertops
(3) In a work surface using receptacle outlet assemblies listed for use in work surfaces or
listed for use in countertops
Receptacle outlets rendered not readily accessible by appliances fastened in place, appliance
garages, sinks, or rangetops as covered in 210.52(C)(1), Exception No. 1, or appliances
occupying assigned spaces shall not be considered as these required outlets.
Exception: To comply with the following conditions (1) and (2), receptacle outlets shall be
permitted to be mounted not more than 300 mm (12 in.) below the countertop or work surface.
Receptacles mounted below a countertop or work surface in accordance with this exception shall
not be located where the countertop or work surface extends more than 150 mm (6 in.) beyond
its support base.

26

(1) Construction for the physically impaired
(2) On island and peninsular countertops or work surface where the surface is flat across its
entire surface (no backsplashes, dividers, etc.) and there are no means to mount a
receptacle within 500 mm (20 in.) above the countertop or work surface, such as an
overhead cabinet
Informational Note No. 1: See 406.5(E) for installation of receptacles in countertops
and 406.5(F) for installation of receptacles in work surfaces. See 380.10 for installation of
multioutlet assemblies.
Informational Note No. 2: See Informative Annex J and ANSI/ICC A117.1-2009, Standard on
Accessible and Usable Buildings and Facilities, for additional information.
Reason:
There is inadequate justification to prohibit receptacles below the countertop or work surface. It
is important to remember that the NEC is a minimum code, and its requirements should reflect
that. Data from the U.S. Consumer Protection Safety Commission was presented as support for
this change. However, the incidents recorded by the CPSC does not specifically indicate that
receptacles below the countertops of islands and peninsulas were the cause. There is also no
proof that the changes made to the 2023 NEC will be beneficial.
The ultimate responsibility during the use of electrical appliances falls upon the user. To that
end, appliance manufacturers have taken measures to address the concern. Manufacturers of
cooking appliances already include multiple warnings in their instruction manuals. Below are
examples from a single instruction manual of one appliance.
- “Close supervision is necessary when any appliance is used by or near children.”
- “Do not let cord hang over edge of table or counter or touch hot surfaces.”
- “Use deep fryer only on a clean, dry, level, stable, and heat-resistant surface, away from
countertop edge.”
- “Close supervision is necessary when any appliance is used by or near children. Hot oil can
cause serious and painful burns.”
Most notably, manufacturers have already addressed the issue through innovations, such as
magnetic cords that are designed to detach easily from the appliance if pulled. This design
feature would prove effective in all circumstances, including all of the existing receptacles
located below the countertop.
Surprisingly, the proposed change does not actually prohibit all receptacles from being installed
below a countertop on an island or peninsula, and therefore, will have limited effect. There are
two reasons for this. First, only receptacles installed “to serve” an island or peninsular countertop
or work surface would need to be installed in the areas specified by 210.52(C)(4). Convenience
receptacles (at the standard height of 18 inches above finished floor) installed in an island or
peninsula do not serve the countertop or work surface, and therefore, would be allowed.
Secondly, this provision is located under Part III. of article 210 titled Required Outlets
(beginning at Section 210.50). Because this section only applies to required outlets, additional
outlets would be allowed below the countertop as usual.

27

Requiring all homes to meet the proposed text is too restrictive. There is also concern about how
inspectors may enforce this provision differently. “Provisions shall be provided” is a very open
requirement and can lead to differing guidance from no additional work needed (such as when
there is access from below) to providing a powered circuit terminating in an electrical box.
Requirements that are open to interpretation can be enforced much more strictly than those that
clearly state what is intended—adding unnecessary costs to the homeowner.
This is yet another major change to the NEC with possible unintended consequences; adopting it
can conceivably result in problems requiring future changes. These constant changes lead to
confusion among all users of the code.
This NEC amendment has been adopted in several local jurisdictions including Avondale, Mesa,
Phoenix, San Tan Valley, and Surprise.

28

HBACA Proposed Amendment to the 2023 National Electrical Code
Amendment 8
Issue: This amendment removes garage floor areas from the calculation for the minimum
lighting load in dwelling units.
2023 NEC Section Number: 220.5(C) Load Calculations
Recommended Amendment:
Revise the section as shown below:
220.5(C) Floor Area.
The floor area for each floor shall be calculated from the outside dimensions of the building,
dwelling unit, or other area involved. For dwelling units, the calculated floor area shall not
include open porches, garages, or unfinished areas not adaptable for future use as a habitable
room or occupiable space.
Reason:
In the 2023 NEC development cycle, garages were removed from the list of exempted areas
solely because “there are general lighting load requirements throughout the entire dwelling,”
including the garage. As written, this section requires the floor area of garages to be included in
the branch-circuit load calculations. It does not add any additional electrical loading through
receptacle outlets, lighting, etc. It simply requires more capacity in the electrical panel despite
discussions happening that electrical loads are declining due to more efficient lighting and
appliances.
This amendment restores the application of this section to the 2020 code by replacing the word
“garages.”
Consider that the code requires the following electrical loads which would fall under the
calculation of Section 220.5(C).
- One 20-amp receptacle outlet in each vehicle bay
- One lighting outlet
Section 220.41 allows motors rated less than 1/8 hp to be considered part of the minimum
lighting load when connected to a lighting circuit. However, garage door openers available today
are typically ½ hp or larger. They would need to be calculated separately and would not be
included in the floor area calculation.

29

HBACA Proposed Amendment to the 2023 National Electrical Code
Amendment 9
Issue: This amendment removes the requirement for all services supplying dwelling units to be
provided with a surge protective device.
2023 NEC Section Number: 230.67 Surge Protection
Recommended Amendment:
Revise the section as shown below:
230.67 Surge Protection.
[Delete the entire section.]
Reason:
Adequate substantiation was not provided to clearly identify a risk to equipment or safety
concern to warrant this requirement being added to the 2020 NEC. Surge protection devices
(SPDs) are currently permitted by the code and can provide a value to the end user, but it should
remain up to the consumer as to whether the benefit is worth the investment. There are also
potential issues with mandating currently available surge-protection products in all cases.
In addition to the overall problems of this provision, the 2023 NEC added the requirement that
SPDs need to have a nominal discharge current rating of 10kA minimum. The National
Electrical Manufacturers Association (NEMA) that represents the manufacturers of these devices
submitted an amendment to remove the 10kA rating. In their testimony, they said the following:
“The currently proposed revisions would confuse installers, specifiers, and inspectors who are
familiar with interrupting ratings, and short circuit current ratings. It would inappropriately
encourage them to require a nominal discharge current equal to or greater than the available short
circuit current, under the mistaken belief that this would assure compliance with manufacturers’
installation and use instructions, as required by NEC Section 110.3(B), or with short circuit
current ratings - rating requirements of relevant 2023 NEC Sections.”
Another company that manufacturers electrical devices claimed that the minimum rating of 10kA
backed by certain members of the industry “represents an unwarranted exclusion of products
offered by many other industry providers and stakeholders.” These products that are now
excluded have ratings permitted by their listing with UL Solutions (previously Underwriters
Laboratories) and, until now, were compliant with the NEC. This requirement severely limits
market choice by reducing the number of manufacturers offering compliant SPDs from about a
dozen to just four. This is especially concerning in this time when supply chain difficulties
already make it difficult to procure electronic devices and increase their cost substantially.
There is also no guarantee that SPDs remain in service, further negating any possible advantages
of this new mandate. This becomes a costly requirement without a means to determine the

30

benefit for the user. It is not necessary to mandate the protection just in case a consumer has a
transient incident.
During the code development process for the 2020 NEC, several public comments were rejected
to expand the surge-protection requirement to all occupancies and multiple levels of protection
because they lacked substantiation. The same reason should be applied to remove this section as
well.
Similar amendments have been adopted in Maine, North Dakota, Oregon, and South Carolina.

31

HBACA Proposed Amendment to the 2023 National Electrical Code
Amendment 10
Issue: This amendment removes the requirement for one and two-family dwelling units to have a
labeled disconnecting means installed in a readily accessible outdoor location.
2023 NEC Section Number: 230.85 Emergency Disconnects
Recommended Amendment:
Revise the section as shown below:
230.85 Emergency Disconnects.
[Delete the entire section.]
Reason:
The intent of this change is to allow firefighters to quickly shut off power from the electrical
service before entering a house to fight a fire. In some states, especially in the southwest, this is
already common practice. A likely means of complying with the requirement in other parts of the
country would be installing a meter main housing, which includes the main circuit breaker along
with the meter socket, on the exterior of the home where the service drop is located. A second
main breaker would not be necessary in the electrical panel located inside the home.
This requirement is not necessary in jurisdictions where the fire service has made other
arrangements for dealing with the electrical service in the case of fire. It is also important to note
that activating the disconnect will not shut off all power in every case. Some systems, such as
photovoltaic, backup generators and energy storage systems, will still provide power even after
power from the electrical utility is disconnected.
The ongoing global supply chain challenges have limited the inventory of the meter mains used
to comply with this section, greatly increasing their delivery wait times and cost.
A similar amendment has been adopted in Oregon.

32

HBACA Proposed Amendment to the 2023 National Electrical Code
Amendment 11
Issue: This amendment limits the general requirement for ceiling-mounted outlet boxes to be
listed for supporting a ceiling fan to the ceiling outlet in the center of a family room, living room,
parlor, library, den, bedroom, sunroom, recreation room and similar areas.
2023 NEC Section Number: 314.27 Boxes at Ceiling-Suspended (Paddle) Fan Outlets
Recommended Amendment:
Revise the section as shown below:
314.27(A)(2) Ceiling Outlets.
At every outlet used exclusively for lighting, the box shall be designed or installed so that a
luminaire or lampholder can be attached. Boxes shall be required to support a luminaire
weighing a minimum of 23 kg (50 lb). A luminaire that weighs more than 23 kg (50 lb) shall be
supported independently of the outlet box unless the outlet box is listed for not less than the
weight to be supported. The interior of the box shall be marked by the manufacturer to indicate
the maximum weight the box shall be permitted to support.
Outlet boxes mounted in the ceilings of family rooms, living rooms, parlors, libraries, dens,
bedrooms, sunrooms, recreation rooms and similar areas of dwelling occupancies and located in
an area of the ceiling typical for the installation of a ceiling-suspended (paddle) fan shall be
installed to accommodate a ceiling-suspended (paddle) fan in accordance with 314.27(C).
314.27(C) Boxes at Ceiling-Suspended (Paddle) Fan Outlets.
Outlet boxes or outlet box systems used as the sole support of a ceiling-suspended (paddle) fan
shall be listed, shall be marked by their manufacturer on the interior of the box as suitable for
this purpose, and shall not support ceiling-suspended (paddle) fans that weigh more than 32 kg
(70 lb). For outlet boxes or outlet box systems designed to support ceiling-suspended (paddle)
fans that weigh more than 16 kg (35 lb), the required marking shall include the maximum weight
to be supported.
Outlet boxes mounted in the ceilings of habitable rooms of dwelling occupancies in a location
acceptable for the installation of a ceiling-suspended (paddle) fan shall comply with one of the
following:
Where a ceiling-suspended (paddle) fan is not installed, the outlet box shall comply with one of
the following:

33

(1) Listed for the sole support of ceiling-suspended (paddle) fans
(2) Installed so as to allow direct access through the box to structural framing capable of
supporting a ceiling-suspended (paddle) fan without removing the box
Reason:
It has been reported that Section 314.27(C) has been cited to require multiple fan-rated boxes in
one room, even in rooms which do not typically have a single ceiling fan installed, such as a
kitchen or dining room. In some cases the lights were arranged in a rectangle around the ceiling
with none near the middle of the ceiling. One problem with the language is using the vague
phrasing “in a location acceptable for the installation of a ceiling-suspended (paddle) fan.” There
are many locations where a ceiling fan could conceivably be installed, but no one would ever put
one there. Unfortunately, as written, this language allows such a broad interpretation that even
those locations are being required to comply.
Electricians who do work in PA, NJ and DE have brought this to our attention. They are
installing fan-rated boxes around the kitchen and in off-center lighting locations around various
rooms based as a result of the electrical inspector’s interpretation at a cost of $15-$20 per
location. A home being built with 20 or so “acceptable” locations is now paying an additional
$400 which is being passed along to the homeowner with no added benefit.
Generally, the light in the center of a bedroom, family room, living room and rooms with similar
uses is a location where a fan could be installed, and fan-rated boxes are often provided. The list
of areas added to Section 314.27(A)(2) by this amendment includes a large list of rooms where a
fan may typically be installed and is taken from existing code language.
A second issue with the model code language is its location. The requirement for installing outlet
boxes rated for ceiling fans applies to ceiling light locations, so there should be a pointer to the
requirement provided under 314.27(A)(2) which provides the more general requirement for
ceiling outlets. The heading of 314.27(C) implies that the section only applies to ceiling outlets
where a fan is intended to be installed so it can be easily overlooked if there is no intent to install
a ceiling fan. The result can be a surprise added cost to the homeowner through no fault of their
own.

34

HBACA Proposed Amendment to the 2023 National Electrical Code
Amendment 12
Issue: This amendment reinstates the allowance for GFCI-protected receptacles to be located
within 3-feet of a bathtub or shower stall.
2023 NEC Section Number: 406.9(C) Bathtub and Shower Space
Recommended Amendment:
Revise the section as shown below:
406.9(C) Bathtub and Shower Space.
Receptacles shall not be installed inside of the tub or shower or within a zone measured 900 mm
(3 ft) horizontally from any outside edge of the within or directly over a bathtub or shower stall,
including the space outside the bathtub or shower stall space below the zone.
The zone also includes the space measured vertically from the floor to 2.5 m (8 ft) above the top
of the bathtub rim or shower stall threshold. The identified zone is all-encompassing and shall
include the space directly over the bathtub or shower stall and the space below this zone, but not
the space separated by a floor, wall, ceiling, room door, window, or fixed barrier.
Exception No. 1: Receptacles installed in accordance with 680.73 shall be permitted.
Exception No. 2: In bathrooms with less than the required zone, the receptacle(s) required
by 210.52(D) shall be permitted to be installed opposite the bathtub rim or shower stall
threshold on the farthest wall within the room.
Exception No. 3: Weight supporting ceiling receptacles (WSCR) shall be permitted to be
installed for listed luminaires that employ a weight supporting attachment fitting (WSAF) in
damp locations complying with 410.10(D).
Exception No. 4: In a dwelling unit, a single receptacle shall be permitted for an electronic toilet
or personal hygiene device such as an electronic bidet seat. The receptacle shall be readily
accessible and not located in the space between the toilet and the bathtub or shower.
Informational Note No. 1: See 210.8(A)(1) for GFCI requirements in a bathroom.
Informational Note No. 2: See 210.11(C) for bathroom branch circuits.
Informational Note No. 3: See 210.21(B)(1) for single receptacle on an individual branch.
Reason:
The 2020 NEC prohibited receptacles to be installed near bathtub and shower spaces. This
amendment reverts the language back to the 2017 edition of the NEC which prohibited

35

receptacles from being located directly above a bathtub or in a shower stall. Receptacles in
bathrooms are required to be GFCI protected, so further restrictions on their location are not
needed.
The submitter of the code change claimed the original language was unclear, but it was easily
understood in most cases. The new language adds complexity, which is made clear based on the
addition of multiple exceptions, and complexity leads to non-uniform enforcement.
Corded, handheld devices, such as hairdryers, hair trimmers and shavers have cords longer than
three feet, so the new requirement does not prevent them from entering a tub or shower.
Additionally, the code requires a receptacle within three feet of a sink with no minimum. No
substantiation was presented when this change was adopted to suggest that a receptacle within
three feet of a bathtub or shower poses a greater risk than that at a sink. Since receptacles in
bathrooms are required to be GFCI protected these locations do not pose different levels of risk.
Both should be acceptable.
Finally, receptacles in proximity to bathtub and shower spaces is addressed for manufactured and
mobile homes in the code as well, but distance restrictions are not included. The requirements for
site-built homes should not be more restrictive than for manufactured and mobile homes.
This NEC amendment has been adopted in local jurisdictions including the City of Surprise and
similar amendments have been adopted in Maine, Oregon, and Utah.

36

HBACA Proposed Amendment to the 2024 International Energy Conservation Code
Amendment 1
Issue: This amendment removes the requirement for flow rate testing on mechanical ventilation.
2024 IECC Section Number: R403.6.3 Testing.
Recommended Amendment:
Modify the section as shown below:
R403.6.3 Testing
Mechanical ventilation systems shall be tested and verified to provide the minimum ventilation
flow rates required by Section R403.6, in accordance with ANSI/RESNET/ICC 380. Where
required by the code official, testing shall be conducted by an approved third party. A written
report of the results of the test shall be signed by the party conducting the test and provided to
the code official.
Exceptions:
1. Kitchen range hoods that are ducted to the outside with ducting having a
diameter of 6 inches (152 mm) or larger, a length of 10 feet (3028 mm) or
less, and not more than two 90-degree (1.57 rad) elbows or equivalent shall
not require testing.
2. A third-party test shall not be required where the ventilation system has an
integrated diagnostic tool used for airflow measurement, and a user interface
that communicates the installed airflow rate.
3. Where tested in accordance with Section R403.6.4, testing of each mechanical
ventilation system is not required.
Reason: From NAHB - Ventilation systems should be installed in accordance with the
mechanical provisions of Chapters 15 and 16 of the IRC and the manufacturer’s installation
instructions. Where both are followed, high performance will be achieved without the need for
testing and the associated cost. The focus should be on achieving compliance with the
mechanical code provisions such as proper fan air flow rating, fan efficacy, maximum duct
length, number of elbows, and duct sealing.
This amendment has been adopted in several local jurisdictions including Avondale, Goodyear,
Mesa (variation), and Surprise.

1

HBACA Proposed Amendment to the 2024 International Energy Conservation Code
Amendment 2
Issue: This amendment restores a small 10% allowance for lighting sources and removes the
requirement for occupancy sensors and dimmers.
2024 IECC Section Number: R404.1. Lighting equipment and R404.2 Interior lighting
controls.
Recommended Amendment:
Modify the section as shown below:
R404.1 Lighting equipment. All Not less than 90 percent of the permanently installed
luminaires shall be capable of operation with an efficacy of not less than 45 lumens per watt or
shall contain lamps capable of operation with an efficacy of not less than 65 lumens per watt.
Exceptions:
1.
2.
3.
4.

Appliance lamps
Antimicrobial lighting used for the sole purpose of disinfecting
General service lamps complying with DOE 10 CFR, Part 430.32
Luminaires with a rated electric input of not greater than 3.0 watts

R404.2 Interior lighting controls. All permanently installed luminaires shall be controlled as
required in Sections R404.2.1 and R404.2.2.
Exception: Lighting controls shall not be required for safety or security lighting.
Reason: From NAHB - A small 10% allowance for lighting sources that do not meet the new
definition of High-Efficacy Lamps (65 lumens per watt) is restored to allow design flexibility.
The provision for interior lighting controls are removed for the following reasons:
•
•
•
•

The language allows “manual control” which can be a simple on/off switch.
With the requirement for high-efficacy lamps, adding controls does not result in
significant energy savings.
Occupancy sensors can be disruptive to the occupant.
Dimmers and sensors, which primarily address lifestyle preferences, should remain a
design option.

This amendment has been adopted in several local jurisdictions including Avondale, Goodyear,
Glendale (R404.2-404.3), Mesa (R404.2-404.3), Phoenix (R404.2-404.3.1), San Tan Valley, and
Surprise.

2

HBACA Proposed Amendment to the 2024 International Energy Conservation Code
Amendment 3
Issue: This amendment restores the maximum energy rating index thresholds for climate zone 2
in the 2018 IECC.
2024 IECC Section Number: R406.5 ERI-based compliance
Recommended Amendment:
Revise the section as shown below:
TABLE R406.5 MAXIMUM ENERGY RATING INDEX
CLIMATE ZONE
2

ENERGY RATING INDEX
57 51

Reason: From HBACA - This amendment restores the ERI threshold to the 2018 IECC levels.
From NAHB - There was no justification or cost analysis provided for this change during the
IECC code development process.
This amendment has been adopted in several local jurisdictions including Avondale, Chandler,
Goodyear, San Tan Valley, and Surprise.

3

HBACA/NAHB Proposed Amendment to the 2024 International Energy Conservation Code
Amendment 4
Issue: This amendment clarifies the intent of the provision for an air barrier at the rim joist.
2024 IECC Section Number: Table R402.5.1.1
Recommended Amendment:
Revise the section as shown below:
TABLE R402. 5.1.1
AIR BARRIER, AIR SEALING AND INSULATION INSTALLATION
COMPONENT
Rim joists

AIR BARRIER CRITERIA
INSULATION
Rim joists shall include an air barrier.

The junctions of the rim board to the sill
plate and the rim board and the subfloor
shall be air sealed.
No changes to footnotes.

INSTALLATION
CRITERIA
Rim joists shall be insulated
so that the insulation
maintains permanent contact
with the exterior rim board.

Reason: From NAHB - This amendment simplifies the provisions and allows the building
designer the choice of selecting an air barrier based on the specific wall assembly design. Any air
barrier at the rim will constitute an exterior air barrier because the rim is always located at the
exterior of the structure. Having the additional word “exterior” can lead to misinterpretation that
the air barrier always must be outboard of the rim joist’s exterior face. That was never the intent
of the change that was approved for the 2021 and 2024 IECC as evidenced by the supporting
reason statement that was included by the proponent of the change.
Examples of acceptable air barrier options that meet the intent of the code include:
•
•
•
•
•
•
•

Sealing the entire rim joist from the interior with closed-cell spray foam;
Sealing the rim joist boundaries and joints with caulk from the interior;
Taping or sealing the joints on the exterior face of the rim joist;
Installing mechanically attached membrane (i.e., house wrap) taped at all seams and
boundaries;
Installing exterior rigid foam sheathing taped or sealed at all joints and boundaries;
Installing a fluid-applied membrane on the exterior face of walls;
Installing a peel-and-stick membrane on the exterior face of walls.

It is noted that a whole-building tightness test is required to verify the overall air tightness of the
house.
This amendment has been adopted in several local jurisdictions including Avondale, Glendale,
Mesa, Phoenix, and Surprise.
4

HBACA Proposed Amendment to the 2024 International Energy Conservation Code
Amendment 5
Issue: This amendment was originally adopted by the City of Chandler in the 2018 Code Update
and provides for sample testing procedures.
2024 IECC Section Number: R104.1.2 RESNET Testing & Inspection Protocol.
Recommended Amendment:
Add a new subsection as shown below:
R104.1.2 RESNET Testing & Inspection Protocol. The Residential Energy Services Network
(RESNET) Mortgage Industry National Home Energy Rating System Standards (MINHERS) for
third party testing and inspections shall be deemed to meet the requirements of sections
R402.5.1, R402.5.1.2 and R403.3.7 and shall meet the following conditions:
1. Third Party Testing & Inspections shall be completed by RESNET certified Raters or
Rating Field Inspectors and shall be subject to RESNET Quality Assurance Field Review
Procedures.
2. Sampling in accordance with Chapter 6 of the MINHERS Standards shall be
performed by Raters or Rating Field Inspectors Working under a RESNET Accredited
Sampling Provider.
3. Third Party Testing is required for the following items:
a. R402.5.1– Building Envelope – Thermal Air Barrier Checklist
b. R402.5.1.2 – Testing – Air Leakage Rate
c. R403.3.7 – Sealing – Duct Tightness
d. Any other testing and inspections required under the code.
4. Alternate testing and inspection programs and protocols shall be allowed when
approved by the Building Code Official.
Reason: This amendment was developed in collaboration between the MAG Building Codes
Committee Members, SRP, APS, and the HBACA and has been adopted in many municipalities
throughout the region. It is also included in MAG’s Building Code Amendment and Standards
Manual. Note that this proposed amendment is slightly different than the amendment adopted in
2018 and 2021 to reflect changing code sections.
This amendment has been adopted in several local jurisdictions including Avondale, Chandler,
Glendale, Goodyear, Mesa, Phoenix, and Surprise.

5

HBACA Proposed Amendments to the 2024 International Residential Code
Amendment 1
Issue: This amendment provides a more exact point of measurement for fire separation distance.
2024 IRC Section Number: R202 Definitions
Recommended Amendment:
Modify the section as shown below:
FIRE SEPARATION DISTANCE. The distance measured from the building face of the wall
framing to one of the following:
1. To the closest interior lot line.
2. To the centerline of a street, an alley or a public way.
3. To an imaginary line between two buildings or townhouse units on the lot. The distance shall
be measured at the right angle from the face of the wall.
Reason: From HBACA – A similar amendment was adopted by the City of Phoenix in 2018.
The rationale from the city was that the amendment “established a more exact point for
measurement” and that “[c]onstruction documents use this point for measuring distances.” We
agree that this is a good clarification. This is a particularly important issue on narrow lots where
the added width from stucco can determine compliance with the fire separation distance
requirements. This amendment has been adopted in several local jurisdictions including
Avondale, Buckeye, Glendale, Goodyear, Mesa, San Tan Valley, and Surprise.

1

HBACA Proposed Amendment to the 2024 International Residential Code
Amendment 2
Issue: This amendment eliminates the width requirement for emergency escape paths.
2024 IRC Section Number: R319.1 Emergency escape and rescue opening required.
Recommended Amendment:
Modify the section as shown below:
R319.1 Emergency escape and rescue opening required. Basements, habitable attics, the room
to which a sleeping loft is open, and every sleeping room shall have not less than one operable
emergency escape and rescue opening. Where basements contain one or more sleeping rooms,
an emergency escape and rescue opening shall be required in each sleeping room. Emergency
escape and rescue openings shall open directly into a public way, or to a yard or court having a
minimum width of 36 inches (914 mm) that opens to a public way.
Exceptions:
1. Basements used only to house mechanical equipment not exceeding a total floor area
of 200 square feet (18.58 m2).
2. Storm shelters constructed in accordance with ICC 500.
3. Where the dwelling unit or townhouse unit is equipped with an automatic
sprinkler system installed in accordance with Section P2904, sleeping rooms in
basements shall not be required to have emergency escape and rescue openings
provided that the basement has one of the following:
3.1 One means of egress complying with Section R318 and one emergency
escape and rescue opening.
3.2 Two means of egress complying with Section R318.
4. A yard shall not be required to open directly into a public way where the yard
opens to an unobstructed path from the yard to the public way. Such path shall
have a width of not less than 36 inches (914 mm).
Reason: From HBACA – The basic requirements of emergency escape have been in the code
since 2000. New to the 2021 code and continued with the 2024 code is the requirement that the
path be not less than 36 inches wide. Our concern is emergency escapes on a 5’ side yard with
the air conditioner unit. The air conditioner unit is probably wide enough to render that side of
the home less than 36 inches wide but still provides enough unobstructed pathway for residents
or emergency response personnel to navigate. Given the importance of narrow lots to
maintaining affordability, we suggest the new language be stricken so as to retain the
2

requirement as it has existed for the past 28 years. This amendment has been adopted in several
local jurisdictions including Buckeye and Surprise with variations adopted in Avondale and
Goodyear.

3

HBACA Proposed Amendment to the 2024 International Residential Code
Amendment 3
Issue: This amendment removes the new limitation on the length of hot water piping serving
fixtures.
2024 IRC Section Number: P2905.3 Hot Water Supply to Fixtures
Recommended Amendment:
Revise the section as shown below:
P2905.3 Hot water supply to fixtures. The developed length of hot water piping, from the
source of the hot water to the fixtures that require hot water, shall not exceed 100 feet (30 480
mm). Water heaters and recirculating system piping shall be considered to be sources of hot
water.
Reason: From HBACA – This is a new requirement in the 2021 code and continued with the
2024 code. This change would significantly impact larger homes where the developed length
often exceeds 100’. The additional cost of providing and installing water recirculation in larger
homes will be cost-prohibitive. In addition, the additional work will significantly tax the
available labor in the market. Therefore, this requirement should be removed. This amendment
has been adopted in local jurisdictions including the City of Surprise.

4

HBACA Proposed Amendment to the 2024 International Residential Code
Amendment 4
Issue: This amendment deletes the automatic fire sprinkler system section in compliance with
Arizona Revised Statute § 9-807.
2024 IRC Section Number: R309 Automatic Sprinkler Systems
Recommended Amendment:
Revise the section as shown below:
SECTION R309
AUTOMATIC FIRE SPRINKLERS
R309.1 Townhouse automatic sprinkler systems. An automatic sprinkler system shall be
installed in townhouses.
Exception: An automatic sprinkler system shall not be required where additions or
alterations are made to existing townhouses that do not have an automatic sprinkler
system installed.
be

R309.1.1 Design and installation. Automatic sprinkler systems for townhouses shall
designed and installed in accordance with Section P2904 or NFPA 13D.

R309.2 One- and two-family dwellings automatic sprinkler systems. An automatic sprinkler
system shall be installed in one- and two-family dwellings.
Exception: An automatic sprinkler system shall not be required for additions or
alterations to existing buildings that are not already provided with a sprinkler system.
R309.2.1 Design and installation. Automatic sprinkler systems shall be designed and
installed in accordance with Section P2904 and NFPA 13D.
Reason: From HBACA – This amendment is required to comply with A.R.S. § 9-807. This
statute provides that “[a] municipality shall not adopt a code or ordinance or part of a uniform
code or ordinance that prohibits a person or entity from choosing to install or equip or not install
or equip fire sprinklers in a single-family detached residence or any residential building that
contains not more than two dwelling units.” Note, the statute “does not apply to any code or
ordinance that requires fire sprinklers in a residence and that was adopted before December 31,
2009.”
This amendment is also required to comply with A.R.S. § 9-462.13(B)6 which prohibits a
municipality with a population of seventy-five thousand persons or more from requiring fire
5

sprinklers in duplexes, triplexes, fourplexes, and townhomes. This amendment has been adopted
in local jurisdictions in adherence to State Statute ARS §9-807 and ARS §9-462.13(B)6.

6

HBACA Proposed Amendment to the 2024 International Residential Code
Amendment 5
Issue: This amendment creates an exception to the requirement that garage and accessory
building receptacles be GFCI protected for receptacles that are not easily accessible to the
homeowner.
2024 IRC Section Number: E3902.2 Garage and Accessory Building Receptacles
Recommended Amendment:
Revise the section as shown below:
R3902.2 Garage and accessory building receptacles. 125-volt through 250-volt receptacles
installed in garages and grade-level portions of unfinished accessory buildings used for storage
or work areas and supplied by single-phase branch circuits rated 150 volts or less to ground shall
have ground-fault circuit-interrupter protection for personnel. [210.8(A)(2)]
Exception: Receptacles that are not readily accessible.
Reason: From HBACA – The City of Chandler adopted this amendment in the 2018 code
update. The City recommended this amendment (which the HBACA supported) to ensure that
the garage outlet serving the garage door does not have to be GFCI protected. During the
amendment review process the City became aware of instances where people’s garage doors
would not open because the GFCI protection had tripped. Not knowing that the garage door
outlet was GFCI protected, people were unable to figure out why their garage door would not
open. Moreover, even if they did know that the GFCI was the problem, it is very difficult for
homeowners to access the receptacle to reset the GFCI. This amendment has been adopted in
several local jurisdictions including Buckeye, Chandler, Goodyear, Mesa, San Tan Valley, and
Surprise.

7

HBACA Proposed Amendment to the 2024 International Residential Code
Amendment 6
Issue: This amendment reinstates the allowance for GFCI-protected receptacles to be located
within 3-feet of a bathtub or shower stall.
2024 IRC Section Number: E4002.11 Bathtub and Shower Spaces (2023 NEC 406.9 (C))
Recommended Amendment:
Revise the section as shown below:
E4002.11 Bathtub and Shower Space.
Receptacles shall not be installed inside of the tub or shower or within a zone measured 900 mm
(3 ft) horizontally from any outside edge of the within or directly over a bathtub or shower stall,
including the space outside the bathtub or shower stall space below the zone.
The zone also includes the space measured vertically from the floor to 2.5 m (8 ft) above the top
of the bathtub rim or shower stall threshold. The identified zone is all-encompassing and shall
include the space directly over the bathtub or shower stall and the space below this zone, but not
the space separated by a floor, wall, ceiling, room door, window, or fixed barrier.
Exception No. 1: Receptacles installed in accordance with 680.73 shall be permitted.
Exception No. 2: In bathrooms with less than the required zone, the receptacle(s) required by
210.52(D) shall be permitted to be installed opposite the bathtub rim or shower stall threshold on
the farthest wall within the room.
Exception No. 3: Weight supporting ceiling receptacles (WSCR) shall be permitted to be
installed for listed luminaires that employ a weight supporting attachment fitting (WSAF) in
damp locations complying with 410.10(D).
Exception No. 4: In a dwelling unit, a single receptacle shall be permitted for an electronic toilet
or personal hygiene device such as an electronic bidet seat. The receptacle shall be readily
accessible and not located in the space between the toilet and the bathtub or shower.
Reason: From NAHB and HBACA - The 2020 NEC prohibited receptacles to be installed near
bathtub and shower spaces. This amendment reverts the language back to the 2017 edition of the
NEC which prohibited receptacles from being located directly above a bathtub or in a shower
stall. Receptacles in bathrooms are required to be GFCI protected, so further restrictions on their
location are not needed.
The submitter of the code change claimed the original language was unclear, but it was easily
understood in most cases. The new language adds complexity, which is made clear based on the
addition of multiple exceptions, and complexity leads to non-uniform enforcement.
8

Corded, handheld devices, such as hairdryers, hair trimmers and shavers have cords longer than
three feet, so the new requirement does not prevent them from entering a tub or shower.
Additionally, the code requires a receptacle within three feet of a sink with no minimum. No
substantiation was presented when this change was adopted to suggest that a receptacle within
three feet of a bathtub or shower poses a greater risk than that at a sink. Since receptacles in
bathrooms are required to be GFCI protected these locations do not pose different levels of risk.
Both should be acceptable.
Finally, receptacles in proximity to bathtub and shower spaces is addressed for manufactured and
mobile homes in the code as well, but distance restrictions are not included. The requirements for
site-built homes should not be more restrictive than for manufactured and mobile homes.
This amendment has been adopted in several local jurisdictions including Buckeye, Goodyear,
and Surprise and similar amendments have been adopted in Maine, Oregon, and Utah.

9

HBACA Proposed Amendment to the 2024 International Residential Code
Amendment 7
Issue: This amendment removes the requirement for outdoor outlets other than those receptacles
covered by 210.8(A) to have GFCI protection. This code section did not take into consideration
that variable speed motors used to gain higher efficiency would trip GFCI breakers therefore
putting residents at risk of suffering heat related health emergencies. The recommended
amendment removes the expiration date.
2024 IRC Section Number: E3902.14 (2023 NEC 210.8(F) Outdoor Outlets)
Recommended Amendment:
Revise the section as shown below:
E3902.14 Outdoor outlets.
All outdoor outlets, including outlets installed in the following locations, and supplied by singlephase branch circuits rated 150 volts or less to ground, 50 amperes or less, shall be provided with
GFCI protection:
1. Garages that have floors located at or below grade level
2. Accessory buildings
3. Boathouses
Exceptions:
1. GFCI protection shall not be required on lighting outlets other than those covered in
Section 210.8(F) of NFPA 70.
2. GFCI protection shall not be required for receptacles that are not readily accessible and
are supplied by a branch circuit dedicated to electric snow-meting, deicing, or pipeline
and vessel heating equipment where such equipment is protected as required by NFPA
70.
3. GFCI protection shall not be required for listed HVAC equipment. This exception shall
expire September 1, 2026. [210.8(F)]
Reason: From NAHB and HBACA - The requirements of this section have been very
contentious since it was introduced in the 2020 NEC. When it was first implemented, multiple
states experienced large numbers of GFCIs tripping which shut down air conditioning as well as
heat pump units. Due to the problems experienced by the first states to adopt the 2020 NEC with
the new section, almost every other state that adopted that edition modified or deleted Section
210.8(F).
The 2023 edition would have required this section to be enforced in full except for the
intervention of the NFPA Standards Council following an appeal. In their decision from August
2022, the Council, which acts like a court of last resort in the NFPA code development process,
10

commented that the section has been at the heart of multiple processed Tentative Interim
Amendments (TIAs), as well as extensive Task Group work since it was introduced. According
to the Council, the appeal does present a clear and substantial basis upon which to overturn the
results yielded by the NPFA standards development process. It cannot be overemphasized how
significant this statement is, and it shows that not all model code changes should be accepted at
face value.
The Council’s final decision #22-12 adds an exemption for “listed HVAC equipment” which
expires September 1, 2026. Jurisdictions should be aware of this date because it is highly
unlikely the compatibility issues explained below will be resolved by then. To fully address the
issue, the standards that govern GFCI protection as well as HVAC equipment need to be updated
in a coordinated manner, and that process is not close to completion.
If GFCI protection is required while the incompatibility issue remains, there is a higher risk of
people being adversely impacted by exposure to extreme temperatures due to nuisance tripping
than the risk of people being exposed to a leakage current that could cause injury or harm. The
issue of GFCI protection not being compatible with listed HVAC equipment was known at the
time it was approved for the model code. In fact, three of the four negative ballots during the
code development cycle specifically mentioned the concern with incompatibility associated with
requiring GFCI protection for listed HVAC equipment.
Technical Substantiation
UL 943 (Standard for Ground-Fault Circuit-Interrupters) requires that Class A ground-fault
circuit-interrupters are capable of tripping at a minimum of 6 mA and could be as low as 4 mA.
UL 60335-2 (Standard for Household and Similar Electrical Appliances – Safety – Part 2-40:
Particular Requirements for Electrical Heat Pumps, Air Conditioners and Dehumidifiers) allows
a maximum leakage current value of 10 mA for appliances accessible to the general public.
Data shows that HVAC equipment can have a leakage current higher than what would trip a
Class A GFCI, but the touch current remains at safe levels. What is concerning are the number of
fatalities (no cooling during a heat wave period) due to nuisance trips associated with GFCI
protection of HVAC equipment.
Five conditions were identified that affect interoperability which have yet to be fully examined.
This highlights the fact that a solution to the issue is unlikely to be found prior to the 2026
expiration date for the current exception as approved by the Standards Council.
Conclusion:
Almost every state that has adopted the 2020 Edition of the NEC has modified or deleted Section
210.8(F). The equipment incompatibility issues identified above will not be resolved by
September 1, 2026. If GFCI protection is required while the incompatibility issue remains, there
is a higher risk of people being adversely impacted by exposure to extreme temperatures due to
nuisance tripping than the risk of people being exposed to a leakage current that could cause
injury or harm.
11

This amendment has been adopted in several local jurisdictions including Avondale, Buckeye,
Chandler, Goodyear, City of Maricopa, Mesa, San Tan Valley, and Surprise. Similar
amendments have been adopted in Georgia, Massachusetts, New Mexico, Oregon, South Dakota,
Texas, and Utah. Additionally, five states added exemptions allowing certain pumps (sump
pumps, sewage lift pumps or condensate pumps) to not be covered by a GFCI.

12

HBACA Proposed Amendment to the 2024 International Residential Code
Amendment 8

Issue: This amendment removes the requirement for all services supplying dwelling units to be
provided with a surge protective device. This requirement would put residents, especially
seniors, at risk if the breaker surge protector needs to be reset when activated during severe
weather conditions, such as often occurs during Arizona’s monsoon season.
2024 IRC Section Number: E3606.5 Surge Protection (2023 NEC 230.67(A) Surge
Protection Device)
Recommended Amendment:
Revise the section as shown below:
E3606.5 Surge Protection (2023 NEC 230.67)
[Delete the entire section.]
Reason: From NAHB and HBACA - Adequate substantiation was not provided to clearly
identify a risk to equipment or safety concern to warrant this requirement being added to the
2020 NEC. Surge protection devices (SPDs) are currently permitted by the code and can provide
a value to the end user, but it should remain up to the consumer as to whether the benefit is worth
the investment. There are also potential issues with mandating currently available surgeprotection products in all cases.
In addition to the overall problems of this provision, the 2023 NEC added the requirement that
SPDs need to have a nominal discharge current rating of 10kA minimum. The National Electrical
Manufacturers Association (NEMA) that represents the manufacturers of these devices submitted
an amendment to remove the 10kA rating. In their testimony, they said the following: “The
currently proposed revisions would confuse installers, specifiers, and inspectors who are familiar
with interrupting ratings, and short circuit current ratings. It would inappropriately encourage
them to require a nominal discharge current equal to or greater than the available short circuit
current, under the mistaken belief that this would assure compliance with manufacturers’
installation and use instructions, as required by NEC Section 110.3(B), or with short circuit
current ratings - rating requirements of relevant 2023 NEC Sections.”
Another company that manufacturers electrical devices claimed that the minimum rating of 10kA
backed by certain members of the industry “represents an unwarranted exclusion of products
offered by many other industry providers and stakeholders.” These products that are now
excluded have ratings permitted by their listing with UL Solutions (previously Underwriters
13

Laboratories) and, until now, were compliant with the NEC. This requirement severely limits
market choice by reducing the number of manufacturers offering compliant SPDs from about a
dozen to just four. This is especially concerning in this time when supply chain difficulties
already make it difficult to procure electronic devices and increase their cost substantially.
There is also no guarantee that SPDs remain in service, further negating any possible advantages
of this new mandate. This becomes a costly requirement without a means to determine the
benefit for the user. It is not necessary to mandate the protection just in case a consumer has a
transient incident. During the code development process for the 2020 NEC, several public
comments were rejected to expand the surge-protection requirement to all occupancies and
multiple levels of protection because they lacked substantiation. The same reason should be
applied to remove this section as well.
This amendment has been adopted in several local jurisdictions including Buckeye and Surprise
and similar amendments have been adopted in Maine, North Dakota, Oregon, and South
Carolina.

14

HBACA Proposed Amendment to the 2024 International Residential Code
Amendment 9

Issue: This amendment removes the requirement for provisions for a future receptacle to be
provided if no receptacle on the island or peninsula is installed and reinstates the requirement for
at least one receptacle at each island or peninsula from previous editions. It also reinstates the
exception allowing receptacles to be installed below the countertop where installed on certain
islands and peninsulas and where installed for accessibility for people with disabilities.
2024 IRC Section Number: E3901.4.2/E3901.4.3 (2023 NEC 210.52(C)(2)/ 210.52(C)(3))
Kitchen Receptacles on Islands and Peninsulas
Recommended Amendment:
Revise the section as shown below:
2024 IRC E3901.4.2 Island and Peninsular Countertops and Work Surfaces.
Receptacle outlets, if installed to serve an island or peninsular countertop or work surface, shall
be installed in accordance with E3901.4.3. If a receptacle outlet is not provided to serve an island
or peninsular countertop or work surface, provisions shall be provided at the island or peninsula
for future addition of a receptacle outlet to serve the island or peninsular countertop or work
surface.
At least one receptacle shall be installed at each island and peninsular countertop space with a
long dimension of 600 mm (24 in.) or greater and a short dimension of 300 mm (12 in.) or
greater. A peninsular countertop is measured from the connected perpendicular wall.
2024 IRC E3901.4.3 Receptacle Outlet Location.
Receptacle outlets rendered not readily accessible by appliances fastened in place, appliance
garages, sinks, or rangetops as covered in E3901.4.1, Exception No. 1, or appliances occupying
assigned spaces shall not be considered as these required outlets. Receptacle outlets shall be
located in one or more of the following:
(1) On or above, but not more than 500 mm (20 in.) above, a countertop or work surface
(2) In a countertop using receptacle outlet assemblies listed for use in countertops
(3) In a work surface using receptacle outlet assemblies listed for use in work surfaces or
listed for use in countertops
Exception: To comply with the following conditions (1) and (2), receptacle outlets shall be
permitted to be mounted not more than 300 mm (12 in.) below the countertop or work surface.
Receptacles mounted below a countertop or work surface in accordance with this exception shall
not be located where the countertop or work surface extends more than 150 mm (6 in.) beyond
its support base.
15

(1) Construction for the physically impaired
(2) On island and peninsular countertops or work surface where the surface is flat across its
entire surface (no backsplashes, dividers, etc.) and there are no means to mount a
receptacle within 500 mm (20 in.) above the countertop or work surface, such as an
overhead cabinet
Reason: From NAHB and HBACA - There is inadequate justification to prohibit receptacles
below the countertop or work surface. It is important to remember that the IRC and NEC are
minimum codes, and requirements should reflect that. Data from the U.S. Consumer Protection
Safety Commission was presented as support for this change. However, the incidents recorded
by the CPSC do not specifically indicate that receptacles below the countertops of islands and
peninsulas were the cause. There is also no proof that the changes made to the 2024 IRC and
2023 NEC will be beneficial.
The ultimate responsibility during the use of electrical appliances falls upon the user. To that
end, appliance manufacturers have taken measures to address the concern. Manufacturers of
cooking appliances already include multiple warnings in their instruction manuals. Below are
examples from a single instruction manual of one appliance.
- “Close supervision is necessary when any appliance is used by or near children.”
- “Do not let cord hang over edge of table or counter or touch hot surfaces.”
- “Use deep fryer only on a clean, dry, level, stable, and heat-resistant surface, away from
countertop edge.”
- “Close supervision is necessary when any appliance is used by or near children. Hot oil can
cause serious and painful burns.”
Most notably, manufacturers have already addressed the issue through innovations, such as
magnetic cords that are designed to detach easily from the appliance if pulled. This design
feature would prove effective in all circumstances, including all of the existing receptacles
located below the countertop.
Surprisingly, the proposed change does not actually prohibit all receptacles from being installed
below a countertop on an island or peninsula, and therefore, will have limited effect. There are
two reasons for this. First, only receptacles installed “to serve” an island or peninsular countertop
or work surface would need to be installed in the areas specified by NEC 210.52(C)(4).
Convenience receptacles (at the standard height of 18 inches above finished floor) installed in an
island or peninsula do not serve the countertop or work surface, and therefore, would be allowed.
Secondly, this provision is located under Part III of article 210 titled Required Outlets (beginning
at Section 210.50). Because this section only applies to required outlets, additional outlets would
be allowed below the countertop as usual.
Even with GFCI protection, outlets on the top surface of an island are susceptible to being
compromised by spills, splashes, splatters, food particles, essentially anything that happens on a
kitchen island and on the island top surface itself a cord, with the extra slack, could be looped
over the side creating a new hazard and a child can still reach the cord.
A cost study by Home Innovation Research Labs found that this code requirement will add a
minimum $465 to the construction cost when the receptacle outlet is on the top and not the side.

16

Requiring all homes to meet the code mandate is too restrictive and not consumer friendly. There
is also concern about how inspectors may enforce this provision differently. “Provisions shall be
provided” is a very open requirement and can lead to differing guidance from no additional work
needed (such as when there is access from below) to providing a powered circuit terminating in
an electrical box. Requirements that are open to interpretation can be enforced much more
strictly than those that clearly state what is intended—adding unnecessary costs to the
homeowner.
This is yet another major change to the IRC and NEC with possible unintended consequences;
adopting it can conceivably result in problems requiring future changes. These constant changes
lead to confusion among all users of the code.
Our IRC amendment returns to the requirement for a minimum of one receptacle outlet at an
island to avoid the need for an extension cord, and allows the outlet to be placed on the side of
the island for significant buyer design and use preferences, cost savings, access by those with
disabilities, and common sense.
This amendment has been adopted in several local jurisdictions including Avondale, Glendale,
Goodyear, Mesa, Phoenix, San Tan Valley, Surprise, Tolleson, Yavapai County and
municipalities within Yavapai County (variation), and is being followed in Buckeye and the City
of Maricopa. The amendment is expected in additional jurisdictions yet to adopt the 2024
building codes.

17

Maricopa County 2024 Building Code Implementation
On 21 October 2026, the Maricopa County Board of Supervisors adopted the 2024 I-Codes
and 2023 NEC. The effective date for implementation is 20 November 2026.

Plans submitted for initial review on or after 20 November 2026 must comply with the
newly adopted codes with amendments.

After 20 November 2026, the 2018 I-Codes and 2017 NEC will remain in effect through 20
May 2027 for the following situations:
•
•

•

Building plans for projects currently in the development review process. This
requires approval from the building official or plan review manager.
Building plans submitted prior to 20 November 2026. Subsequent plan review
submittals can remain under the 2018 / 2017 codes and permits must be purchased
within 180 days of the plan approval.
Other plans and permits on a case-by-case basis as allowed by the building official
or plan review manager.

Approved standard plans under the 2018 / 2017 codes will remain in effect until 20
November 2027 to allow for updates to the newly adopted code.

Mark Sipes (PND)
From:
Sent:
To:

[email protected]
Wednesday, June 24, 2026 5:45 PM
Michele Ross (COA); Darcy Kober (COA); Logan Peiman (ENV); Amanda Bond (ENV);
Robert Stratman (ENV); Andy Linton (ENV); Raymond Garibaldo (ENV)
Online Form Submittal: Citizen Comments

Subject:

This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the county.

Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.

Case Number/Rule

TA260001 Local Additions and Addenda

Department

Planning and Development

I would like to

Other

First Name

James

Last Name

Ashley

Organization

Home Builders Association of Central Arizona

City

Phoenix

Zip

85020

Email

[email protected]

Phone Number

602-708-0075

Phone Type

Mobile

Would you like
someone to contact
you?

Yes

Comments

The Home Builders Association of Central Arizona supports
Maricopa County continuing to maintain the International
1

Energy Conservation Code as Voluntary and submits for your
consideration the attached recommended amendments for the
2024 IECC.

If applicable, attach
supporting
documentation
associated with your
comment. The only file
types supported are MS
Office and Adobe
Acrobat.

HBACA Proposed Amendments to the 2024 International
Energy Conservation Code.docx

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Mark Sipes (PND)
From:
Sent:
To:

[email protected]
Wednesday, June 24, 2026 5:38 PM
Michele Ross (COA); Darcy Kober (COA); Logan Peiman (ENV); Amanda Bond (ENV);
Robert Stratman (ENV); Andy Linton (ENV); Raymond Garibaldo (ENV)
Online Form Submittal: Citizen Comments

Subject:

This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the county.

Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.

Case Number/Rule

TA260001 Local Additions and Addenda

Department

Planning and Development

I would like to

Other

First Name

James

Last Name

Ashley

Organization

Home Builders Association of Central Arizona

City

Phoenix

Zip

85020

Email

[email protected]

Phone Number

602-708-0075

Phone Type

Mobile

Would you like
someone to contact
you?

Yes

1

Comments

The Home Builders Association of Central Arizona submits for
your consideration the attached recommended amendments
for the 2024 International Residential Code.

If applicable, attach
supporting
documentation
associated with your
comment. The only file
types supported are MS
Office and Adobe
Acrobat.

HBACA Proposed Amendments to the 2024 International
Residential Code.docx

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Mark Sipes (PND)
From:
Sent:
To:

[email protected]
Wednesday, June 24, 2026 5:51 PM
Michele Ross (COA); Darcy Kober (COA); Logan Peiman (ENV); Amanda Bond (ENV);
Robert Stratman (ENV); Andy Linton (ENV); Raymond Garibaldo (ENV)
Online Form Submittal: Citizen Comments

Subject:

This Message Is From an External Sender
This message came from outside your organization. Please use caution when corresponding outside the county.

Citizen Comments
Each Regulatory Department is committed to providing opportunities for
stakeholder input regarding the adoption and amendment of all regulatory
requirements. Your input will be collected and forwarded to the appropriate
department. You will receive a written response from the applicable department
within two business days. We appreciate your comments and your time.

Case Number/Rule

TA260001 Local Additions and Addenda

Department

Planning and Development

I would like to

Other

First Name

James

Last Name

Ashley

Organization

Home Builders Association of Central Arizona

City

Phoenix

Zip

85020

Email

[email protected]

Phone Number

602-708-0075

Phone Type

Mobile

Would you like
someone to contact
you?

Yes

1

Comments

The Home Builders Association of Central Arizona submits for
your consideration the attached recommended amendments
for the 2023 National Electrical Code.

If applicable, attach
supporting
documentation
associated with your
comment. The only file
types supported are MS
Office and Adobe
Acrobat.

HBACA NAHB Proposed Amendments to the 2023 National
Electrical Code.docx

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Maricopa County Regulatory Adoption Process
Department: Planning & Development

Contact: Mark Sipes, P.E., S.E.,
CBO

Date Entered In Process: May 21, 2026

Item Number and Name: TA260001 – Local Additions & Addenda
Step Number

Process To Be Completed

Upcoming Dates

Comments

1

County Manager briefed BOS

May 11, 2026

Will need to post to EROP website prior to workshop notification

2

County stakeholder workshop notification – 2
weeks prior to workshop

June 1, 2026

3

County stakeholder workshop- BCAB

June16, 2026

4

EROP notification 15 days prior to Building Code
Advisory Board (BCAB) Meeting

June 1, 2026

Public meeting for discussion of text amendment

June 16, 2026

Specific departmental processes

To be determined

6

Stakeholder notification 15 days prior to Building
Code Advisory Board (BCAB) Meeting

June 29 , 2026

7

Public meeting to make recommendation to BOS
- Building Code Advisory Board Public Meeting

5

July 14, 2026

Schedule BOS public hearing

September 30, 2026 Board of
Supervisors (scheduling public
hearing item)

EROP notification 15 days prior to BOS

October 6, 2026

8

9

Board of Supervisors Public Hearing

10

Item adopted

October 21, 2026

November 20, 2026

Need to send to EROP Coordinator two days prior to two week
deadline – May 21, 2026
Tentatively scheduled for 2:00 p.m. on June 16, 2026; as Microsoft
Teams Virtual Meeting for telephonic/online attendance.
Need to send to EROP Coordinator by May 30, 2026; Staff Report
on EROP website one week prior to meeting (June 9, 2026);
BCAB Meeting and Stakeholder workshop – tentative as Microsoft
Teams Virtual Meeting for telephonic/online attendance.
Staff will review and recommend revisions to the proposed
language based upon any public input
Need to send to EROP Coordinator by June 27, 2026; Staff Report
on EROP website one week prior to meeting (July 7, 2026); Legal
Ad to run June 23, 2026 (due June 17, 2026)
BCAB Meeting – tentative as Microsoft Teams Virtual Meeting for
telephonic/online attendance.
BOS Hearing – Board of Supervisors’ Auditorium; 205 W. Jefferson
Street, Phoenix, Arizona - tentative as GoToWebinar for on-line
telephonic/online attendance.
Need to send to EROP Coordinator October 4, 2026; Staff Report
on EROP website one week prior to hearing (October 14, 2026),
Legal Ad to run October 1, 2026 (due Sept. 5, 2026)
BOS Hearing – Board of Supervisors’ Auditorium;
205 W. Jefferson Street, Phoenix, Arizona - tentative as
GoToWebinar for on-line telephonic/online attendance.
To become effective 30 days after adoption

TA260001 – Tentative EROP Step List