The Minnesota Court of Appeals ruled Monday that the Board of Electricity followed proper procedure when it adopted the 2020 National Electrical Code last year.
Housing First Minnesota contended in the appellate court that the rulemaking process used by the Board was incomplete and the repeated lack of amendments to the state’s electrical code shows the board simply rubber stamps the NEC.
The Court did state that the Statement of Reasonableness and Reason did lacked detail, but found the deficiencies were not a violation of state law.
“The board could have better supported its position that failing to adopt the 2020 NEC would cause Minnesota to fall behind in terms of electrical methodology and technology standards. The board could have provided examples of the 2020 NEC’s updated methods and technology, for instance, and “Although the board’s SONAR could have included more detail, it adequately addresses each of the considerations set forth by section.”
The published decision sets the standard going forward that any errors and omissions in the SONAR must be deliberate in order to invalidate the rule.
The debate over the 2020 NEC extends beyond just Minnesota as other states have found deficiencies with the 2020 NEC, notably section 210.8(F) which requires a GFCI on air conditioner condenser connections.
Iowa and Massachusetts amended the their eclectic codes to correct or remove the section. South Dakota, omitted the section when adopting the 2020 NEC. Texas and Washington delayed the enforcement of the section until 2023.
Members with questions about this code adoption should contact Nick Erickson, director of research and regulatory affairs, at nick@housingfirstmn.org.
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