Temporary Variance – Article 210.8 (F), 2020 NEC

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Temporary Variance – Article 210.8 (F), 2020 NEC

On June 23, 2021, the State Electrical Board moved to grant a Temporary Variance to Article 210.8 (F) of the 2020 National Electrical Code as the Board found that:

  1. The Electrical Board has received several inquiries and complaints regarding this code change, impacting ductless mini splits, and other relevant installations, causing GFCI tripping.
  2. HVAC manufacturer’s designs have a lower voltage for the power conversion equipment and controls, and in some cases, when using a control transformer, they use the equipment grounding conductor supplying the HVAC equipment for the grounded conductor return path, which is putting a large amount of power leakage current on the equipment ground.
  3. Also, due to the use of the power conversion equipment, the change from AC to DC, and the ramping up and down in frequency, a leakage current could occur and be problematic.

Additional requirements/provisions:

This Temporary Variance will expire:

       a.  One-year from the date the Board grants the request and will be revisited for                      extension if needed;

       b. If the National Fire Protection Association issues an applicable Tentative Interim                 Amendment; or,

       c. Upon the Board’s adoption of the 2023 NEC.


For the Colorado State Electrical Board,

Joyce J. Young Program Director


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