Trade groups appeal after code panel rejects GFCI extension for outdoor HVAC equipment

The National Fire Protection Association (NFPA) has rejected a proposal to extend a GFCI exemption affecting outdoor HVAC equipment by two years. Several trade associations are appealing that decision. 

Catch up quick: Before 2020, GFCI protection was not required for outdoor condenser connections. But in the 2020 National Electrical Code (NEC), the NFPA, which publishes the code, included a GFCI protection requirement for outdoor air conditioners and heat pumps.

• “We have long known that the challenges of compatibility between GFCI products and HVAC equipment are substantial and that it creates tripping issues,” Tom Deary, AHRI’s senior director of codes, said during a Wednesday webinar.
• In 2022, following an appeal led by ACCA and AHRI and backed by the National Association of Home Builders, the NFPA exempted outdoor HVAC equipment from the requirement until September 1, 2026 — an exemption that carried into the 2023 and 2026 editions. (A new NEC edition is published every three years.)

What’s happening: AHRI earlier this year submitted a Tentative Interim Amendment (TIA) to the NFPA, requesting it delay that deadline once again, this time to September 1, 2028. ACCA supported the TIA.

Yes, but: On September 18, an NFPA panel denied that request, and ACCA and AHRI were notified they had five days to submit an appeal. 

• On Wednesday, both organizations appealed the decision. While ACCA states in its appeal letter that it supports the safety aspects of the change, it contends that there is not enough evidence that available GFCI technology is compatible with the equipment it’s required to protect.
• “This is an unresolved thing, and we need more time, and the industry needs more time to get it done the right way,” ACCA manager of codes and standards David Bixby said Wednesday.

Why it matters: Around half the country is currently subject to the newer GFCI rules, as the exemption expired at the beginning of the month. 

• “A safety mandate deserves a balanced process,” Phil Crone, VP of state and regulatory affairs at Leading Builders of America, told Homepros. “Homeowners, especially older adults, people with disabilities, and others vulnerable to extreme temperatures, shouldn’t be the test subjects while these compatibility problems remain unresolved.”
• Of note: States with an NEC edition from 2017 or prior, as well as states and localities that have independently exempted the requirement or deleted it outright, are not impacted.

Between the lines: Along with technological and availability concerns, ACCA and AHRI have raised procedural concerns. The organizations write that the TIA was originally submitted to the NFPA in May 2026 but was not posted for public comment until August 10.

• The public comment period extended to September 9, beyond both the NFPA Standards Council’s August 18-20 meeting and the September 1 deadline. 
• According to AHRI, NFPA staff reached out and encouraged the association to discuss the TIA with GFCI manufacturers prior to the NFPA processing it for public review.
• “The request from NFPA staff was inappropriate and not supported in the… NFPA Standards,” AHRI’s appeal letter states. 

The NFPA didn’t return a request for comment before publication.

What they’re saying: “That delay deprived us of the ability to get all this resolved prior to the September 1st cutoff date,” Deary said Wednesday. “We submitted with plenty of time to get this taken care of, regardless of the outcome, in time for the expiration date. … We don’t really have a satisfactory answer of why it took so long.”

• “NFPA staff delayed processing AHRI’s request for months and asked AHRI to first consult with the breaker manufacturers whose sales would be affected by the requested relief,” Crone told Homepros. “That raises troubling questions about preferential treatment and whether NFPA gave this urgent request fair and timely consideration.”

Looking ahead: The next NFPA Standards Council meeting is scheduled for December 15. As of Friday, September 25, no hearing for the submitted appeals has been arranged. For now, it’s up to state and/or local authorities to determine how to enforce the requirement.