While states vary as to what iteration of the National Electrical Code they adopt, most have statewide adoptions. Arizona, Illinois, Mississippi and Missouri, however, are different. In these states, Code adoption takes place in local jurisdictions—counties and municipalities. In those jurisdictions, the NEC and other codes can diverge widely from those of immediate neighbors. This can present challenges for those doing business in certain regions, especially as technology advances.

Missouri’s patchwork of Code versions

Branson Electric Co., Wildwood, Mo., serves homebuilders in the St. Louis metropolitan area, where multiple counties and municipalities come together. Around 12 years ago, T.J. Branson, owner of Branson Electric, started doing estimating work for the family­-owned business his grandfather started. Foremost in his mind was keeping on top of the many Code variations related to building single-family homes.

“I took it upon myself to call every single jurisdiction in the St. Louis area—about two dozen or more—and create a list with updates of Code requirements related to experiences on the job or connections I had with people in those jurisdictions,” Branson said.

Branson sends related Code information by phone to electricians in the field.

“I only send lists they need for a particular job because this is constantly changing from one bid to the next,” Branson said.

Keeping electricians on top of variations in Code requirements is critical for managing costs.

“There can be very large swings for costs for the same home in two different jurisdictions,” he said. “If I’m not careful, we have to cover that extra cost.”

“Right now, it’s a nightmare for contractors,” said Linda Little, assistant director at IBEW 1/NECA JATC and a recent former chairman of the St. Louis County Electrical Code Review Committee. “Bottom line for the state is the 2014 Code, but St. Louis uses NEC 2017, and St. Louis County uses 2014. The city of Arnold in Jefferson County uses 2020.”

Complicating matters, because NEC adoption is considered a legal matter for St. Louis County, it must be handled by attorneys instead of approved solely by a governing board. This causes the adoption process to take longer, Little said. Mechanical and other building codes are not in sync with these updates either.

In such a divergent and sometimes contentious environment, Code updates can set off prolonged disputes. When St. Louis County tried to adopt NEC 2014, which required weatherproof receptacles on outdoor outlets, home builders lobbied against it, Little said.

Keeping electricians on top of variations in Code requirements is critical for managing costs.

While going beyond older Code specifications might seem the right thing to do for safety’s sake on certain jobs, it can be a slippery slope for contractors. 

“Due to vast differences in Code requirements, proposals can be won or lost due to the lack of understanding of specific jurisdictional requirements,” Branson said.

Serving on local code committees gives Branson an awareness of political pressure to advance to newer NEC editions, building and energy codes in the interests of safety and energy conservation, but it also makes him sympathize with pressure in the other direction.

Keeping codes where they are gives his Branson’s customers the flexibility to tailor home configurations according to jurisdictions and keep costs down for consumers.

While Little is for statewide NEC adoption, Branson doubts Missouri’s patchwork of Codes will change anytime soon. But one upside to statewide Code adoption, if it ever happens in Missouri, would be “relief” from vigilance and variations, Branson said.

“With statewide adoption, then we’d all be in the same boat,” he said, adding that costs for projects would be more consistent.

Developing solid relationships with inspectors across jurisdictions is important, as is meticulous documentation and recordkeeping.

As things are now, Branson said, developing solid relationships with inspectors in various jurisdictions is important. So is keeping meticulous documentation and records—especially in a business environment where frequent changes and modifications to local requirements are the norm.

“It’s important to work with inspectors and show that projects were bid correctly at the specified time, [and] that things have changed,” he said. “It’s very important they inspect the model home, the very first one, to get this all ironed out. That way, the client knows the changes relate to the Code requirements within a certain jurisdiction. We figure out what needs to change with the very first home, not further down the line when it would cost more to fix.”

Branson’s presence on code committees gives him insight into what’s ahead and the flexibility to adapt quickly as changes unfold.

He also works closely with the Home Builders Association of St. Louis & Eastern Missouri by helping them to formulate rebuttals for requirements that he and others believe are redundant and put undue burden on builders, contractors and eventually consumers.

The NFPA’s map of NEC adoption shows Arizona, Illinois, Mississippi and Missouri as the only states without statewide adoption. 

www.nfpa.org / shutterstock / Pavlo S

Though Branson respects the National Fire Protection Association’s goal for newer NEC codes to prevent fires and shock hazards, he notes redundancies that have caused rollbacks in local requirements.

Branson offered the example of systems already protected by ground fault circuit interrupters (GFCIs) being required to have arc fault circuit interrupters (AFCIs).

“Arc fault protection can be more sensitive to false tripping when paired with circuits handling refrigerators and freezers,” Branson said. “They start shutting down constantly, so people end up replacing the breakers. Until there’s enough negative feedback or blowback, people don’t see a problem. But when the complaints pile up, then the jurisdiction ends up amending and pulling back on those requirements.”

Little anticipates there will be less of this down the road. “Technology is improving all the time,” she said. “Eventually the problem with AFCIs should fade away.”

Plenty of other issues threaten to erupt on the local level related to Code adoption and safety measures.

EV chargers

More than 10 years ago, Little helped to establish IBEW 1’s Electric Vehicle Infrastructure Training Program to prepare and qualify journeymen for handling EV charger installations tied to public works contracts. More recently, a St. Louis ordinance requiring all new construction and substantially remodeled buildings to have a percentage of parking spaces be EV-ready with chargers installed took effect in January 2022.

But some state legislators are pushing regulations that would require municipalities outside of counties, and counties greater than 1 million people, to foot the bill for installation, maintenance and operation of EV chargers and EV-ready parking spaces, should they choose to require them in new construction and rehab projects.

Because few jurisdictions are likely to want to pay for businesses and residents to have EV chargers and EV-ready systems, it’s unlikely they will require proportionate installations.

“They haven’t killed it [EV-charging], but they are trying their best to shut it down,” Little said.

While there’s nothing in Missouri House Bill 184 that would restrict a business or property owner from choosing to install an EV charging station on their own, Little anticipates any resulting laws could discourage local governments from requiring or enforcing more recent NEC changes related to EV charger installations. Bill 184 did not pass in the last legislative session due to filibuster.

Chicago drives Illinois regulations

Much like Missouri’s urban areas drive debate related to Code adoption, in Illinois, determination is driven by Chicago.

“Here, it’s like the tail wagging the dog,” said Peter Cattaneo Jr., project manager and estimator for Cattaneo Electric Co., Darien, Ill.

Chicago and surrounding suburbs operate with newer codes than towns in rural areas, some of which use NEC 2008. While some Illinois contractors may struggle with jurisdictional variations much like Branson Electric in Missouri, Cattaneo Electric hasn’t had to, due to the nature of its clients.

The family-owned business, started by Sharon Cattaneo and her husband Peter Cattaneo Sr., does mostly commercial work for larger companies and occasional high-end residential upgrades.

“We just did a house in Burr Ridge with a $1 million bedroom and bathroom,” said Peter Cattaneo Jr. “We see Code as a minimum, but we can always do better. Our clients are willing to pay for what it takes to do better.”

For Cattaneo Electric, a typical residential customer needing electrical upgrades might purchase a $14,000 refrigerator and think nothing of paying $250 for a surge protection device to protect it, he said. A customer needing an EV charging station in their garage would not hesitate to pay to upgrade their 100A service to 200A to accommodate a new 50A circuit.

Cattaneo anticipates more of this type of work as communities such as Naperville, Ill., have begun to offer rebates for installation of EV charging stations, solar-power-­generating systems and smart thermostats. Those communities also typically alert residents and local businesses to rebates available through the local utility.

Several Chicago-area suburbs are pushing for arc fault protection on top of GFCI, Cattaneo said. And municipalities like Westchester, Ill., are requiring homeowners to have GFCI-protected outlets and 100A service to sell their homes.

Commercial and residential customers will have to pay more for their electrical systems as Codes advance, no question, Cattaneo said, but he doesn’t see big problems for his company.

“Arc fault protection does add to cost. We do have to pull a lot more wire,” he said. “That may hold a few people back for a while, but they will eventually pay.”

The hardship, he said, will fall on owners of homes in the $300,000 or less range, but not so much for those in higher income brackets or commercial customers wanting state-of-the-art protection.

Despite the challenges bridging gaps and fulfilling Code requirements, one thing is for sure, Cattaneo said. “Code changes drive work. They always mean more work.”

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