National Fire Protection Association 1 Batterymarch Park, Quincy, MA 02169-104101 Phone: 6110-10100-3000 • Fax: 6110-10100-01000 • www.nfpa.org NATIONAL ELECTRICAL CODE CORRELATING COMMITTEE AGENDA October 23, 2013 Teleconference/Web Meeting Item No. Subject Item 13-10-1 Call to Order and Introduction of Members and Guests Item 13-10-2 Approval of the July 2103 Correlating Committee Meeting Minutes [Attachment] Item 13-10-3 Review 70E Second Revisions and Develop Correlating Revisions if appropriate Item 13-10-4 Review 79 Second Revisions and Develop Correlating Revisions if appropriate Item 13-10-5 General Business Correlating Committee Task Groups Supplemental Operating Procedures Panel Assignments for Articles 725 and 760 Future meeting dates and locations Item 13-10-6 New Business Item 13-10-7 Adjournment National Fire Protection Association 1 Batterymarch Park, Quincy, MA 02169-7471 Phone: 617-770-3000 • Fax: 617-770-0700 • www.nfpa.org NATIONAL ELECTRICAL CODE CORRELATING COMMITTEE Meeting Minutes July 29, 2013 NFPA, Quincy, MA Item 13-7-1 Call to Order The meeting was called to order at 8:00 am on Monday, July 29, 2013. The following Correlating Committee members were present: NAME REPRESENTING Michael Johnston, Chair National Electrical Contractors Association James Brunssen Telcordia Rep. Alliance for Telecommunications Industry Solutions Merton Bunker US Department of State William Drake Actuant Electrical William Fiske Intertek David Hittinger Independent Electrical Contractors, Inc. Daniel Kissane Legrand/Pass & Seymour Rep. National Electrical Manufacturers Association John Kovacik UL LLC Neil LaBrake, Jr. National Grid Rep. Electric Light & Power Group/EEI Danny Liggett The DuPont Company, Inc. Rep. American Chemistry Council Richard Owen Rep. International Association of Electrical Inspectors Thomas Adams Rep. Electric Light & Power Group/EEI Lawrence Ayer Biz Com Electric, Inc. Rep. Independent Electrical Contractors, Inc. James Dollard IBEW Local Union 98 Rep. International Brotherhood of Electrical Workers Stanley Folz Morse Electric Company Rep. National Electrical Contractors Association Ernest Gallo Telcordia Technologies, Inc. Rep. Alliance for Telecommunications Industry Solutions Alan Manche Schneider Electric Robert McCullough Rep. International Association of Electrical Inspectors Mark Ode UL LLC Vince Saporita Eaton’s Bussmann Business Rep. National Electrical Manufacturers Association Timothy Pope Canadian Standards Association Rep. CSA/Canadian Electrical Code Committee Guests and NFPA staff in attendance included: Mark Earley NFPA, Secretary Kimberly Shea NFPA, Recording Secretary Bill Burke NFPA staff Chris Dubay NFPA staff Susan Ballester NFPA staff Rick Sterling NFPA staff Colleen Kelly NFPA Staff Jeff Sargent NFPA Staff Jack Lyons NEMA Brian Rock Hubbell Elaine Thompson Alied Tube and Conduit Item 13-7-2 New Process Update Chris Dubay, Vice President of Codes and Standards, provided an overview of the recent improvements that have been made to the Terra system to facilitate the new process. Jim Dollard addressed the committee and reviewed his concerns for the NEC. Chris addressed the concerns that were presented and provided information on NFPA’s plans for training the NEC panel chairs, members and users. A webinar on how to submit public input is scheduled for this fall. Additional webinars and training will be provided as the public input closing date and the panel meetings approach. Chris Dubay concluded by stating that NFPA is willing to provide custom training for individual organizations and encouraged members to contact Mark Earley with their specific requests for training. Item 13-7-3 Approval of the February 2013 ROC Meeting Minutes It was moved, seconded, and voted unanimously affirmative that the minutes of the February 2013 Meeting of the NEC Correlating Committee be approved. Item 13-7-4 Final Amendment Ballot Results and Appeals The committee reviewed and discussed the final ballot results on the eleven NEC Amendment Ballots. The Correlating Committee developed the following positions on the scheduled hearings: Hearing No. 1 Overturn Panel Action on P15-64 (W. Vernon, B. Rock) The Correlating Committee recommendation to the Standards Council is to uphold the Panel action on Proposal 15-64 and deny the appeal. The Correlating Committee supports the work of the panel; the proposal was approved by the panel and passed ballot. It is also important to note that there were no negative public comments submitted and therefore NITMAMs were not certified. Vince Saporita will be the spokesperson for this appeal. Hearing No. 2 Overturn the Association Action to Reject Comment 6-37 (T. Lindsey, C. Hunter) The Correlating Committee recommendation to the Standards Council is to uphold the Panel action on Comment 6-37 and deny the appeal. The Correlating Committee agrees with the comments made by Panel 6 Chair Scott Cline. Mike Johnston will be the spokesperson for this appeal. Hearing No. 3 - Accept Comment 12-60 (multiple submitters) The Correlating Committee recommendation to the Standards Council is to uphold the appeal. The jurisdiction of the air handling issue belongs to NFPA 75. Bill Drake will be the spokesperson for this appeal. Hearing No. 4 - Accept Comment 3-21 (Hirchsler) The Correlating Committee recommendation to the Standards Council is to uphold the appeal. However, the exception is not written in conformance with the NEC Style Manual and uses terms including “air duct” that are not used or defined in the NEC and if inserted in the 2014 NEC as written, would create conflict by the use of conflicting terms. The Correlating Committee recommends that the Standards Council follow the suggestion of the appellant to appoint a task group between NFPA 90A and NEC CMP-3 to recommend a solution and develop a TIA that meets the needs of both committees. Jim Dollard will be the spokesperson for this appeal. Hearing No. 5 – Withdraw CAMs 70-26, 70-27, 70-29 and 70-31 (J. Conrad) The Correlating Committee recommendation to the Standards Council is to deny the appeal. The ballot results of Panel 13 on the floor action indicate that consensus no longer exists. Stan Folz will be the spokesperson for this appeal. Hearing No. 6 - Issue TIA Log No. 1097 (Harding) The Correlating Committee recommendation to the Standards Council is to deny the appeal. Neil LaBrake, Jr. will be the spokesperson for this appeal. Hearing No. 8 Reject Comments 130-165 and 502-27 (Ramirez) The Correlating Committee recommendation to the Standards Council is to deny the appeal. Although a correlation issue will be created, the Correlating Committee recognizes that reverting back to previous edition text would create multiple issues that would be difficult to resolve by the NFPA 502 and NFPA 130 TCs. The Correlating Committee recommends that the Standards Council establish an inter-committee coordination task group with the NEC to resolve the correlation issues by potential issuance of a TIA or address the issues during the next revision cycles of NFPA 502 and 130. Hearing No. 9 (D. Wechsler) The Correlating Committee recommendation to the Standards Council is to uphold the Panel action on Comment 14-56 and “deny” the appeal. The Correlating Committee agrees with the statements made by Panel 14 Chair Robert Jones. The Correlating Committee also finds that the action recommended in the CAM would make the code incomplete and unusable. Additional Recommendations to the SC It was the action of the National Electrical Code® Correlating Committee to request that the NFPA Standards Council issue the 2014 edition of the National Electrical Code® without Example D.14. This example was based on text that was proposed during the ROP, but was deleted at the ROC stage. It does not reflect the requirements for the 2014 Code. Item 13-7-5 Review of Panel Chair Application A task group was appointed to review the Panel Chair applications and provide recommendations to the committee. A motion was made by John Kovacik and seconded by Neil LaBrake, Jr. to accept the task group recommendations and forward the applications to the Standards Council for consideration at their October meeting. Item 13-7-6 General Business The report of the Chapter 8 Reorganization Task Group was presented by Jim Dollard. The task group recommended that the Chair of CMP-16 appoint a task group to review all Informational Notes within their purview. Informational Notes that are found to be no longer necessary or are excessive references should be removed. The Correlating Committee accepted the task group report and recommendations. [Attachment] Action Item: The Correlating Committee will provide a written response to Panel 16 Chair, Tom Moore. And, the Correlating Committee will again request that all Code-Making Panels review at all Informational Notes during the next revision cycle. The report of Qualified Person Task Group was presented by Neil LaBrake, Jr. The task group recommends refraining from revising the term “qualified person” in documents under the Correlating Committee’s responsibility, at this time. [Attachment] The remaining list of Correlating Committee Task Groups was reviewed and the TG Chairs were asked to populate their task groups by September 1, 2013 and refine the TG scopes if necessary. [Attachment] Discussion was held on proposing a TIA to 445.20. Jim Dollard agreed to develop a TIA and present it to the Correlating Committee at a later date for consideration. Subsequent to the meeting it was noted that a proposed TIA was submitted by the Portable Generator Manufacturers Association. This TIA will be balloted through CMP-13 rather than the one that was being developed by Jim Dollard and Larry Ayer. The Committee reviewed and approved the following future meetings: A14 (70E & 79) Correlating Committee Second Draft Teleconference/Web Meeting - October 23, 2013. Correlating Committee New Process Training. It was requested that a training session be provided at the NFPA Expo and Conference in June 2014 for Correlating Committee Members (and chairs?). Correlating Committee Meeting and Panel Chair Training - November 5-7, 2014 at NFPA NEC First Draft Panel Meetings - January 10-24, 2015 at the Sonesta Resort, Hilton Head Island First Draft Correlating Committee Meeting. To be held between April 10 and May 22, 2015 but not during the week of May 3rd (UL Meeting). Item 13-7-7 Adjournment The meeting adjourned at 5:50 pm. MEMO TO: Mike Johnston FROM: Jim Dollard RE: CC TG to review requests on NEC Chapter 8 DATE: April 24, 2013 CC: Jim Brunssen, Stan Folz & Alan Manche The task group that was formed by the CC to review the letter from Tom Moore consisted of Jim Brunssen, Stan Folz, Alan Manche and Jim Dollard. The task group researched all of the material in question and the information provided and has come to the following decisions: Task (1) Combine all Chapter 8 Articles into one Article. The task group recommends that no action be taken by the CC. The task group was not presented with sufficient evidence that a problem exists or to support a significant reorganization of Chapter 8. There is no clear indication from the industry to support for such an effort. There does not seem to be an advocate or organization that both believes there is a problem and will do the heavy-lifting necessary to make such an effort successful. It should be noted that this task group also discussed a number of avenues to possibly restructure Chapter 8, including the creation of a driving Article to contain common requirements similar to the makeup of the hazardous location Articles in Chapter 5. However, it is not clear that such a project would resolve the concerns shared by the chair or be supported by the industry. Task (2) Review all Informational Notes of Article 770 and Chapter 8 The task group recommends that the CC direct the Chairman of CMP-16 to appoint a task group made up of CMP-16 members to review all Informational Notes within their purview. Informational Notes that are found to be no longer necessary or are excessive references should be removed. Task (3) Review all definitions of Article 770 and Chapter 8 The task group recommends that no action be taken by the CC. The task group does not believe that such an effort would be successful. The definitions in question have been developed over cycles by CMP-16. Task (4) Review conflicts with 90.3 that occur in Articles 725, 760 & 770 The task group recommends that no action be taken by the CC. The task group does not have evidence that any conflict exists. Task (5) Review and revise grounding and bonding code references pertaining to the Articles under CMP-16 purview. The task group recommends that no action be taken by the CC. The task group does not have evidence that any conflict exists. NEC Correlating Committee Task Group on NFPA 70E Qualified Person Definition Report 07/29/2013 This report provides the recommendations of the task group (TG) that reviewed NFPA 70, 70E, and 79 under the NEC Correlating Committee’s responsibility using the same definition of “qualified person”. The task group consisted of the following members: Jim Dollard, David Hittinger, Stan Folz, Alan Manche, and Neil LaBrake, Jr. (Chair). The task group met via teleconference on July 24th, 2013, during the July 29th, 2013 Correlating Committee meeting, and over several email exchanges. Task Group Purpose and Scope: The Task Group’s direction originates from Minute Item 12-12-9 of the December 2012 First Draft 70E meeting of the NEC Correlating Committee. As a result, this Task Group has the following scope as directed by Mr. Michael J. Johnston, NEC Correlating Committee Chair on April 4th, 2013: “The scope of this work is to review all the other documents under the NEC Correlating Committee's responsibility that use the same definition and determine if there are any conflicts created from the different definition proposed for 70E. The other thing to look at is possible revisions to this definition in the other documents so that they can all remain consistent, or if the proposed revised definition is suitable for 70E only, and the definition of Qualified Person should remain as is in the other documents. Please provide the findings and any recommendations that result.” Results of Task Group’s Work: A. Background Investigation The proposed definition in the A2014 NFPA 70E First Draft is presently unchanged through the public comment process and it reads as follows: Qualified Person. One who has demonstrated skills and knowledge related to the construction and operation of electrical equipment and installations and has received safety training to identify and avoid the hazards involved. The definition of “qualified person” appears in NFPA 70 (2011 NEC) and 2012 NFPA 79 extracts the same definition from the 2011 NEC, but without the informational note. The term as defined in the 2011 NEC reads as follows: Qualified Person. One who has skills and knowledge related to the construction and operation of the electrical equipment and installations and has received safety training to recognize and avoid the hazards involved. Informational Note: Refer to NFPA 70E-2009, Standard for Electrical Safety in the Workplace, for electrical safety training requirements. Other References: • NFPA 70E 110.2(D) • OSHA 1910.269(a)(2)(ii) http://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDARDS&src_unique_file=1910_0 269&src_anchor_name=1910.269(a)(2)(ii)1910.269(a)(2)(ii) • OSHA 1910.269(x) http://www.osha.gov/pls/oshaweb/owalink.query_links?src_doc_type=STANDARDS&src_unique_file=1910_0 269&src_anchor_name=1910.269(x)1910.269(x) • NFPA Manual of Style 70E Qualified Person_Final Report_07-29-2013 Page 1 of 2 B. Assessment of A2014 NFPA 70E First Draft Proposed Change to 100.Qualified Person The task group notes the difference of the word “demonstrated” being added and the word “identify” replacing the word “recognize” in the A2014 NFPA 70E version compared to the 2011 NEC. This change fits well with the purpose of NFPA 70E relative to work practices and it brings forth the essence of its 110.2(D) which relates to prescriptive aspects applying the term for training requirements. So, this term’s proposed definition change is appropriate how it is used in NFPA 70E and it can be enforceable. C. TG Conclusions and Recommendations The task group supports the action of the NFPA 70E Technical Committee and recommends refraining from revising the term “qualified person” in all other documents under the Correlating Committee’s responsibility, at this time. The informational note in the NEC, being an installation document, makes reference to NFPA 70E where the prescriptive elements can be found, in a work practices document, when determining how the term is used in the various articles of the NEC. An informational note referencing NFPA 70E for example in the NFPA 79 extracted definition, would not be included in the text (see 1.6.2, 3.6.2, and 3.6.2.1 in the NFPA Manual of Style). Since the term is defined how it is used in each document, the purview rests with each technical committee. If a technical committee (TC) receives public input proposing revision to the term in future cycles, then the TC will need to consider: 1. how the term is used in the document, 2. if the change is enforceable, and 3. if the change meets the NEC Style Manual or NFPA Manual of Style as applicable. Closing: This completes the scope of the task group and appreciation goes out to all who participated in the results! Respectfully submitted to the NEC Correlating Committee on behalf of the Task Group, July 29th, 2013. Neil F. LaBrake, Jr., PE Task Group Chair, NEC Correlating Committee Principal EEI Representative nationalgrid 300 Erie Blvd. West, Bldg. B-1 Syracuse, NY 13202 Office: 315/428-6779; FAX: 315/460-8996 [email protected] 70E Qualified Person_Final Report_07-29-2013 Page 2 of 2 National Fire Protection Association 1 Batterymarch Park, Quincy, MA 02169-7471 Phone: 617-770-3000 • Fax: 617-770-0700 • www.nfpa.org M E M O R A N D U M To: NFPA Technical Committee on Electrical Safety in the Workplace From: Kim Shea Date: Speptember 17, 2013 Subject: NFPA 70E Seond Draft TC FINAL Ballot Results (A2014) According to the final ballot results, all ballot items received the necessary affirmative votes to pass ballot. 25 Members Eligible to Vote 0 Not Returned The attached report shows the number of affirmative, negative, and abstaining votes as well as the explanation of the vote for each Second Revision. There are two criteria necessary for each first revision to pass ballot: (1) simple majority and (2) affirmative 2/ 3 vote. The mock examples below show how the calculations are determined. (1) Example for Simple Majority: Assuming there are 20 vote eligible committee members, 11 affirmative votes are required to pass ballot. (Sample calculation: 20 members eligible to vote ÷ 2 = 10 + 1 = 11) (2) Example for Affirmative 2/ : Assuming there are 20 vote eligible committee members and 1 member did not 3 return their ballot and 2 members abstained, the number of affirmative votes required would be 12. (Sample calculation: 20 members eligble to vote – 1 not returned – 2 abstentions = 17 x 0.66 = 11.22 = 12 ) As always please feel free to contact me if you have any questions.
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