New NEC Section 110.17 Servicing & Maintenance of Equipment

  Mike Miller
  Mike Miller

By Mike Miller, Curriculum & Training Manager

Many instructors who prepared classes for changes to the 2023 NEC struggled to fill a 16-hour class as the 2023 NEC had a minimal number of monumental changes to discuss compared to what we have seen in previous code cycles. Don’t get me wrong, there were some very important and significant changes. However, I believe that apart from the repositioning of existing articles to align with the eventual reconfiguration of the entire code, the scale and number of adjustments and additions failed to generate the same level of concern and sometimes dissent seen in previous cycles.

 A new section was added to Article 110 that captivated my interest: Section 17.

110.17 Servicing and Maintenance of Equipment.

Servicing and electrical preventive maintenance shall be performed by qualified persons trained in servicing and maintenance of equipment and shall comply with the following:

(1) The servicing and electrical preventive maintenance shall be performed in accordance with the original equipment manufacturer’s instructions and information included in the listing information, applicable industry standards, or as approved by the authority having jurisdiction.

 (2) The servicing and electrical preventive maintenance shall be performed using identified replacement parts that are verified under applicable product standards. The replacement parts shall comply with at least one of the following:

 a. Be provided by the original equipment manufacturer.

 b. Be designed by an engineer experienced in the design of replacement parts for the type of equipment being serviced or maintained.

 c. Be approved by the authority having jurisdiction.

Firstly, I was pleased to see the new section 17 endorsed the idea of only "qualified persons” servicing equipment and performing electrical preventive maintenance. This averts potential accidents that could result from unqualified persons performing this type of work.

Part (2) offered options for replacing electrical parts for equipment. In part (c), the code established that the AHJ could approve replacement parts for electrical equipment. It is my belief that when an authority having jurisdiction (AHJ) issues a declaration or interpretation regarding an acceptable replacement electrical part, they could potentially shoulder a degree of responsibility, or liability, in the event of a catastrophic occurrence resulting from the part’s failure or unacceptability. The legal system, striving for fairness, may hold the AHJ partially accountable in such cases."

In addition, an allegation could surface accusing the AHJ of preferential treatment provided to a certain manufacturer or supplier.

In the interest of our EA members, I contacted our good friend, Mr. Dean Hunter, Chief Electrical Inspector, to obtain a clarification on how an AHJ would fit into the mix of approving equipment. He provided a great deal of information about the State’s position on the entire new Section 17 of article 110, and responded to questions on the State’s position relating to AHJ’s approving replacement parts selection with these answers:

Question:

Would the inspector (AHJ) be responsible for deciding the suitability of a replacement part?

Dean: "As I have mentioned, the state does not inspect minor repair and/or maintenance work. The RLI (responsible licensed individual) for the employer or contractor would be responsible to ensure the use of identified replacement parts that are verified under applicable product standards”.

Question:

If the State approves a replacement part, could it be held partially responsible in the event of an accident resulting from that decision?

Dean: "The department will not be approving replacement parts. We would always request a third-party evaluation”.

So now we know that the State of Minnesota is not in the business of approving replacement parts. Period. I would like to let our readers know that I interviewed Dean in a podcast that we produced recently. Here the discussion reaches much deeper into Article 110.17 and I think you will find his explanations to be very understandable. During this podcast we also visit about events and decisions going on at the NFPA relating to temporary interim amendments, as well as progression toward a massive makeover of the codebook. Dean will also update us as to what’s going on at DOLI and the Electrical Board. Check out any internet podcast reference site for our presentation "Spark’N Conversations.”