The Commonwealth of Massachusetts Executive Office of Public Safety and Security Board of Fire Prevention Regulations DEVAL L. PATRICK GOVERNOR ANDREA J. CABRAL SECRETARY P.O. Box 1025 ~ State Road Stow, Massachusetts 01775 (978) 567-3100 Fax: (978) 567-3121 CHIEF KEVIN C. ROBINSON CHAIRMAN Memorandum To: Interested Parties From: Board of Fire Prevention Regulations Date: June 5, 2014 Re: Article 90, Section 90.4 Enforcement The Board of Fire Prevention Regulations voted today to issue the following advisory letter to guide Inspector of Wires with regards to the application of 90.4. Such guidance is necessary due to several inquiries that have been raised, particularly with respect to installations involving newer technologies and alternative energy. Question 1: If a product or material is not yet available at the time the NEC is adopted, may the authority having jurisdiction permit the use of products or materials that comply with the most recent previous Edition of the NEC adopted by Massachusetts? Answer: Yes Article 90.4 of the NEC recognizes that the latest edition of the code may require new products, construction, or materials that may not be yet be available at the time the code is adopted. The 2014 NEC was adopted as the Massachusetts Electrical Code, effective 1-1-14. Under section 90.4, 3rd paragraph, if an installation under the latest code involves the use of a new product or material that is not yet available at the time the new code is adopted, the AHJ may permit the use of products, construction, or materials that complied with the previous edition of the code (2011 Edition of NFPA 70). In such instances, the AHJ should require documentation from the licensed installer that verifies that the new product or material is not yet available and that the product, materials or method proposed is in compliance with the previous code. Question 2: May the authority having jurisdiction grant special permission to waive specific requirements of the Massachusetts electrical code or permit alternative methods? Answer: Yes, if certain conditions are met Article 90.4 2nd paragraph allows the AHJ to waive specific requirements in the code or permit alternative methods where it is assured that equivalent objectives can be achieved by establishing and maintaining effective safety. In such instances, the AHJ should require documentation from the licensed installer to support such waiver or alternative method.