Idaho Adopts 2023 NEC and Temporary Rules

As of April 19, 2024, the Division of Occupational and Professional Licenses has transitioned to the 2023 National Electrical Code (NEC) cycle with certain exceptions. Negotiated rulemaking is still ongoing, and once completed, the revised rules will be presented to the legislature in early 2025 for consideration. In the interim, temporary rules are in effect until the end of the 2025 legislative session.

For reference, you can access the temporary administrative rules here. Permits obtained before April 19, 2024, will adhere to the 2017 NEC, while permits issued after this date must comply with the 2023 NEC, subject to the exceptions detailed in the Temporary Rules. Meeting minutes are also available here. The meeting minutes provide revealing insights into the reasons behind the extensive amendments to the NEC in Idaho and the motivations driving these changes. They shed light on the underlying factors influencing the state's decision to modify the NEC, illustrating the specific concerns and interests that have led to the current regulatory landscape.

There is significant disagreement regarding the amendments to the NEC. When Idaho adopted the 2017 NEC it involved numerous amendments and the deletion of certain articles. Now, a similar approach is being applied to the 2023 NEC, which is concerning because the NEC is intended to serve as a minimum safety standard. Builders argue that the additional electrical safety requirements imposed by the 2023 NEC are cost-prohibitive. In meeting minutes 11/08/23 the Idaho Homebuilder Association criticized new safety requirements, such as GFCI protection on new appliances, as unnecessary and causing “nuisance tripping.” B and B Electric also suggested that appliance manufacturers should incorporate GFCI protection into their products rather than imposing these costs directly on electricians. Both appeared to be against AFCI protection, especially that which is required outside bedrooms.

Conversely, the Idaho Association of Counties (IAC) fully supports adopting the 2023 NEC without modifications. This divergence highlights a fundamental debate between prioritizing cost versus safety.

The discussion around electrical safety standards often centers on balancing regulation with practicality. Some builders, like B and B and IHBA, appear to believe that the industry may be over-regulated. They argue that the costs of adhering to strict regulations might not always match the safety benefits and could lead to higher expenses for end users. For instance, the required GFCIs for new appliances, 240V 30A and 50A protection can be quite costly. Additionally, they suggest that excessive regulation can be overwhelming for builders, who are often resistant to change.

Groups like the IAC advocate for adhering to the minimum standards set by code. The NEC is developed with input from professionals and public feedback to provide a solid safety baseline. This approach aims to ensure consistent quality and safety without adding unnecessary complexity. They believe that sticking to these minimum standards is a reasonable way to address safety concerns while remaining practical. Even if there is some added cost.

Finding the right balance between safety and regulation is essential. It’s crucial to maintain high safety standards while ensuring that regulations are practical and not overly burdensome for end users. Instead of immediately focusing on the costs, it’s important to consider why a particular code made it into the current cycle and understand the rationale and justification behind it. In every case I’ve analyzed, there’s always been a reason for the code change. Each code is reviewed by a panel of professionals and is open to public input, which helps ensure that it’s well-considered and relevant.

If you were building a home today, would you prefer it to be constructed according to the 2023 NEC with no alterations or Idaho’s heavily amended 2023 NEC? Although Idaho’s might be more cost-effective, the rationale behind the deletions and amendments to the NEC raises important questions. Idaho's approach to modifying the NEC considerably dilutes standards. The NEC is recognized as the highest authority in the electrical industry, with its standards developed by experienced and respected professionals to ensure safety. While local amendments might address specific regional concerns, the primary goal should be to uphold minimum safety standards not to delete them.

I align with the Idaho Association of Counties' stance that the 2023 NEC should be adopted in its entirety. The NEC provides essential minimum standards for fire safety and electrical integrity, and compromising these standards is not advisable. States have the authority to adapt regulations, but diminishing safety standards should be avoided.