The Honorable Richard C. Luis Office of Administrative Hearings 600 N

sump pumps, sewage pumps and air-to-air exchangers as described in Exhibit 128.<br><br> This amendment would be equivalent to the GFI requirements in the 2005 NEC but would also include a higher level of protection from personnel in three ways. The 2005 NEC allowed exemptions for GFI protection in mechanical rooms if the single or double receptacle was either not readily accessible 1 or dedicated to an appliance that cin normal use, is not easily moved from one place to another and that is cord-and-plug connected in accordance with 400.7(A)(6), (A)(7), or (A)(8). c 2 First, BAM 9s amendment does not apply to any appliance that meets the 2005 NEC definition, instead only sump pumps, sewage 1 2005 NEC section 210.8(A)(5), Exception No. 1 to (5).<br><br> The 2005 and 2008 NEC defines readily accessible as ccapable of being reached quickly for operation, renewal, or inspections without requiring those to whom ready access if requisite to climb over or remove obstacles or to resort to portable ladders, and so forth. d See 2005 or 2008 NEC, Chapter 1 General, Accessible, Readily. 2 2005 NEC section 210.8(A)(5), Exception No. 2 to (5).<br><br> Page 1 of 12 pumps and air-to-air exchangers are specifically allowed the exemption if the other criteria are met. Second, BAM 9s amendment removes the option of a double receptacle whether it was readily accessible or not. This requires someone to unplug the sump pump, sewage pump and air- to-air exchanger from a single receptacle and plug in another appliance.<br><br> Third, BAM 9s amendment requires that a GFI protected outlet be located within 6 ft of the exempted receptacle which gives the consumer a clear, safe alternative to unplugging the single receptacle supplying the sump pump, sewage pump or air-to-air exchanger. BAM is proposing this amendment to eliminate the likelihood that a GFI protected outlet that is tripped by a lightning strike either floods a basement (sump or sewage pump) or cause serious moisture problems (air-to-air exchanger). More importantly ensuring that sump or sewage pumps work as consistently as possible is a safety issue.<br><br> Data from the CPSP show that the risk of electrocution in basements occurs most often in flooded or wet basements. Analysis of the CPSP data shows that BAM 9s amendment for Section N210.8 of the 2008 NEC directly meets Article 90 which states, cthe purpose of this Code is the practical safeguarding of persons and property from hazards arising from the use of electricity. d 3 Risks from Flooded Basements Versus Risk from Non-GFI Receptacles for Sump Pumps, Sewage Pumps and Air-to-Air Exchangers Regarding Section N210.8 of the 2008 NEC, how can the Minnesota Electrical Code best protect Minnesotans? Is it riskier to allow non-GFI protected outlets for specific equipment or is it riskier to allow GFI protection on equipment that can flood basements?<br><br> BAM 9s analysis of CPSC data indicate that flooded basements are a significant cause of electrocution in this area of the home. Few states have adopted the 2008 NEC with its expanded GFI protection in mechanical rooms. Therefore, the CPSC data from the last decade in the entire existing housing stock would accurately reflect the common practice of not using GFI receptacles for sump pumps, sewage pumps, and air-to-air exchangers.<br><br> CPSC staff conducted a search of all their databases from January 1998 3 May 2008 to determine all reports of shocks, deaths, or non-injury related reports that occurred in basements. BAM divided the incidents into 9 categories that are listed in Table 1 as cReason for CPSC Report. d BAM compiled the data and numbered each of the 31 incidents including; the CPSC date the incident occurred; BAM 9s category for the cause of the incident; CPSC 9s description of no injury, shock, or electrocution; age of the person, location; and CPSC 9s word-for-word narrative of the incident. The complete list of information for these 31 incidents is listed in Attachment 1.<br><br> 3 2008 NEC, Article 90.1(A) Page 2 of 12 Table 1. Summary of national incidents reported by the Consumer Product Safety Commission from 1998 to April 2008 for product malfunctions, shocks and electrocutions in basements. Reason for CPSP Report Non- Injury Non-Fatal Shocks Electrocutions Lightning strike 0 5 0 Flooded basement 0 4 3 Contact with live wire 0 3 2 Basement outlet 0 1 4 Basement ceiling light fixture 0 0 1 Upstairs outlet/extension cord 0 0 1 Sump pump 0 0 1 Sewage pump 0 0 0 Consumer reported a product malfunction.<br><br> No shocks or electrocutions occurred. 6 N/A N/A TOTAL 6 13 12 Source: Consumer Product Safety Commission. Database searches performed by Vicky Leonard, CPSC Technical Information Specialist.<br><br> See attachment 1 for specific details. To determine the threat of shocks and electrocutions in basements from GFI protected outlets it is important to consider what incidents listed above and in Attachment 1 would definitely not be affected by Section N210.8, regardless of the 2008 language or BAM 9s amendment. GFI protection for sump pumps, sewage pumps or air-to-air exchangers would be irrelevant in causes where the cause was: lighting strike, contact with live wire, basement ceiling light fixture or upstairs outlet/extension cord.<br><br> These incidents have been removed. In incident #9 an upstairs plumbing leak caused the basement to flood that caused an outdoor faucet to become electrified so this incident has been removed. 9) July 5, 2000 - Flooded Basement (non-fatal shock) 53 year-old male in Framingham, MA A MAN, AGE 53, WAS HOSPITALIZED WHEN HE WAS SEVERELY SHOCKED BY AN ELECTRIFIED OUTDOOR FAUCET.<br><br> A TOILET OVERFLOWED SENDING A STEADY STREAM OF WATER INTO THE BASEMENT. IT FLOWED THROUGH AN ELECTRICAL BOX AND OVER WIRES AND EXTENSION CORDS WRAPPED AROUND PLUMBING. Because a live electrical wire and not an appliance plugged into an outlet was responsible for causing a shock, this incident has also been removed 7) November 8, 1999 - Flooded Basement (non-fatal shock) 30 year-old male PT.<br><br> WAS IN FLOODED BASEMENT AND WENT TO FIX AN EXPOSED LIVE ELECTRICAL WIRE WHICH SHOCKED HIM, PT. SUSTAINED ELECTRIC SHOCK/BURN. E925.9 Page 3 of 12 This leaves eleven incidents nationally over a ten-year period.<br><br> To determine the risk of injury under the unamended 2008 NEC and the proposed BAM amendment for Section 210.8 to the 2008 NEC you must assume that these incidences were built according to each code. The narratives simply don 9t provide enough detail to know where a faulty lamp, vacuum, or other appliance was plugged in or whether that would have made a difference: 6) July 5, 1998 - Flooded Basement (non-fatal shock) 9 year-old PT IN FLOODED BASEMENT, TRIED TO PLUG IN LAMP & FELL TO FLOOR 8) September 17, 2005 - Flooded Basement (non-fatal shock) 11 year-old ELECTRICAL SHOCK-@ HOME-STEPPED INTO A FLOODED BASEMENT WHILE BAREFOOT-VACUUM CLEANER CORD WAS IN THE WATER-PT FELT TINGLY 10) September 1, 2004 - Flooded Basement (death) Age unknown in Wyoming county, PA A MALE WAS ELECTROCUTED WHILE TRYING TO PUMP OUT HIS FLOODED BASEMENT. 11) January 9, 2008 - Flooded Basement (death) 36 year-old male in Pontiac, IL A 36 YEAR OLD MALE DIED OF ELECTROCUTION AFTER HE FELL IN A FLOODED BASEMENT WHILE CARRYING AN EXTENSION CORD.<br><br> 12) March 17, 2002 - Flooded Basement (death) 18 year-old male in Nanty-Glo, PA A MAN, AGE 18, DIED OF ELECTROCUTION WHEN HE APPARENTLY CAME IN CONTACT WITH A POLE LAMP IN A FLOODED BASEMENT WHILE TRYING TO STOP A WATER LINE BREAK. 18) August 8, 2003 3 Basement Outlet (non-fatal shock) Age and location unknown RECEIVED ELECTRICAL SHOCK WHEN TURNING ON A LAMP LAYING ON WET FLOOR IN BASEMENT, FELL THEN WALKED UPSTAIRS TO TELL MOM; ELECTRICAL SHOCK 19) April 11, 2001 3 Basement Outlet (death) Age and location unknown ELECTROCUTION LT HAND-ELECTRIC SHOCK-@ HOME-CHANGING A LIGHT BULB IN A WET BASEMENT 20) August 31, 2003 3 Basement Outlet (death) 49 year-old female in Kahoka, MO Page 4 of 12 WHILE CHANGING A LIGHT BULB IN A WET BASEMENT, THE VICTIM RECEIVED AN ELECTRIC SHOCK. SHE LATER COLLAPSED.<br><br> SHE DIED AT A HOSPITAL. THE AUTOPSY REVELED AN UNDIAGNOSED HEART CONDITION THAT CONTRIBUTED TO HER DEATH. NO INFORMATION ABOUT THE LIGHT BULB AND FIXTURE OR CIRCUIT BREAKER WAS AVAILABLE.<br><br> 21) August 22, 2001 - Basement Outlet (death) 35 year-old female in Russell, NY A WOMAN, AGE 35, DIED OF CARDIAC ARREST CAUSED BY ELECTROCUTION. SHE HAD PLUGGED A FAULTY HALOGEN FLOOD LIGHT INTO A BASEMENT OUTLET. 22) June 15, 1998 - Basement Outlet (death) 35 year-old male in Taftville, CT A MAN, AGE 35, DIED OF ELECTROCUTION BURNS RECEIVED USING A VACUUM 25) July 25, 2007 Sump Pump (death) 84 year-old female from Kokomo, IN A WOMAN DIED OF ELECTROCUTION BY A FAULTY SUMP PUMP AT HER HOME.<br><br> SHE WAS FOUND IN THE BASEMENT, LYING IN A FEW INCHES OF WATER. IDI REPORTS VICTIM WAS 84. How likely is it that a homeowner would unplug a dedicated sump pump, sewage pump or air-to- air exchanger and plug in a lamp (incidents #18, #19, #20 & #21) or vacuum cleaner (incident #22) in an unflooded basement?<br><br> What if a flooded basement were caused by a tripped GFI that cut power to a sump pump? Had the basement not been flooded would the lamps (incidents #6 & #12), vacuum cleaner (incident #8), extension cord (incident #11) and pump (incident #10) that were presumably plugged into basement outlets have still caused a shock or electrocution? As reported in Exhibit 128 there was one electrocution that was attributed to a sump pump, incident #25.<br><br> The other ten incidences of shocks and electrocutions in basements occurred in flooded basements (7 incidents) or from something plugged into a basement outlet (5 incidents with at least 4 occurring on wet slabs; see incidents #18, 19, 20 & 25). The CPSC data clearly show that keeping basements as dry as possible is an important health/safety goal when it comes to preventing shocks and electrocutions. BAM 9s amendment would give sump pumps and sewage pumps the best chance at keeping basements dry during electrical storms.<br><br> We do not know how many basements will flood due to the increase in lightning tripped GFI circuits on sump or sewage pumps. We do know that keeping basements in new homes as dry as possible is an important step towards reducing or eliminating shocks and electrocutions. The Minnesota Department of Labor and Industry and Washington State have proposed to exempt sewage pumps and sump pumps from GFI protection.<br><br> South Dakota and Oregon have already Page 5 of 12 amended the 2008 NEC to exempt pumps from GFI protection. These states have already determined that a well established risk of shock and electrocution from a flooded or wet basement are a more important public policy goal than the what-if scenario that the unamended 2008 NEC is suppose to protect personnel from. BAM proposed the amendment to section 210.8 to avoid the unintended by predictable consequences of this code change.<br><br> Thank you for considering our view of why the Minnesota State Building Code will provide a safer environment with an exemption for sump pumps, sewage pumps and air-to-air exchangers. Sincerely, Karen Linner Attachments Page 6 of 12 ATTACHMENT 1: Summary of Consumer Product Safety Commission Data on Non-Fatal Shocks, Electrocutions and Reports of Product Malfunctions of Consumer Products in Basements from January 1998 3 April 2008. 1) June 14, 1999 3 Lightning Strike (non-fatal shock) 3 Y.O.<br><br> W FEMALE W/ELETRICAL SHOCK. PT WAS IN BASEMENT IN A TENT & AN UNHOOKED CABLE WIRE WAS UNDER TENT SHOCKED HER W/LIGHTNING. E9259 2) June 14, 1999 3 Lightning Strike (non-fatal shock) 4 Y.O.<br><br> W FEMALE W/ELECTRIC SHOCK. PT WAS IN BASEMENT IN A TENT & AN UNHOOKED CABLE WIRE WAS STRUCK BY LIGHTNING. E9259 3) August 23, 1999 3 Lightning Strike (non-fatal shock) ELEC.<br><br> SHOCK, PT WAS IN HIS BASEMENT AND REACHED FOR A RADIO WHEN LIGTING STRUCK PT. 4) June 27, 2002 3 Lightning Strike (non-fatal shock) IN BASEMENT @ H OME @ FUEL OIL TANKS, HOLDING ELECTRIC LIGHT, STANDING ON DRY CONCRETE FLOOR, FELT SHOCK THEN HEARD THUNDER. LIGHTNING VICTIM 5) October 18, 2004 3 Lightning Strike (non-fatal shock) SHOCK POSSIBLY LIGHTNING, C/O BURNS L SHOULDER, L SIDE, R HAND TIGHT, WORKING ON METAL PIPE IN BASEMENT; ELECTRIC SHOCK, 2ND DEGREE BURNS 6) July 5, 1998 - Flooded Basement (non-fatal shock) 9 year-old PT IN FLOODED BASEMENT, TRIED TO PLUG IN LAMP & FELL TO FLOOR 7) November 8, 1999 - Flooded Basement (non-fatal shock) 30 year-old male PT.<br><br> WAS IN FLOODED BASEMENT AND WENT TO FIX AN EXPOSED LIVE ELECTRICAL WIRE WHICH SHOCKED HIM, PT. SUSTAINED ELECTRIC SHOCK/BURN. E925.9 8) September 17, 2005 - Flooded Basement (non-fatal shock) 11 year-old ELECTRICAL SHOCK-@ HOME-STEPPED INTO A FLOODED BASEMENT WHILE BAREFOOT-VACUUM CLEANER CORD WAS IN THE WATER-PT FELT TINGLY Page 7 of 12 9) July 5, 2000 - Flooded Basement (non-fatal shock) 53 year-old male in Framingham, MA A MAN, AGE 53, WAS HOSPITALIZED WHEN HE WAS SEVERELY SHOCKED BY AN ELECTRIFIED OUTDOOR FAUCET.<br><br> A TOILET OVERFLOWED SENDING A STEADY STREAM OF WATER INTO THE BASEMENT. IT FLOWED THROUGH AN ELECTRICAL BOX AND OVER WIRES AND EXTENSION CORDS WRAPPED AROUND PLUMBING. 10) September 1, 2004 - Flooded Basement (death) Age unknown in Wyoming county, PA A MALE WAS ELECTROCUTED WHILE TRYING TO PUMP OUT HIS FLOODED BASEMENT.<br><br> 11) January 9, 2008 - Flooded Basement (death) 36 year-old male in Pontiac, IL A 36 YEAR OLD MALE DIED OF ELECTROCUTION AFTER HE FELL IN A FLOODED BASEMENT WHILE CARRYING AN EXTENSION CORD. 12) March 17, 2002 - Flooded Basement (death) 18 year-old male in Nanty-Glo, PA A MAN, AGE 18, DIED OF ELECTROCUTION WHEN HE APPARENTLY CAME IN CONTACT WITH A POLE LAMP IN A FLOODED BASEMENT WHILE TRYING TO STOP A WATER LINE BREAK. 013 13) January 4, 1999 - Contact with Live Wire (non-fatal shock) Age and location unknown REMOVING CEILING TILES IN FAMILY'S BASEMENT WITH CROWBAR, HIT LIVE ELECTRICAL WIRE, ELECTRIC SHOCK, LEFT ARM PARESIS 14) July 31, 2002 - Contact with Live Wire (non-fatal shock) Age and location unknown WHILE REMOVING NAIL FROM WALL IN BASEMENT, WIRE WAS CONNECTED AND WHILE USING SCREWDRIVER PT GOT A SHOCK 30 MIN PTA-DX-ACUTE MINOR ELECTRIC SH 15) September 26, 2007 - Contact with Live Wire (non-fatal shock) Age and location unknown ACUTE SYNCOPE R/O ELECTROCUTION:WORKING ON FUSE BOX,IT WAS WET,NOT SURE WHAT HAPPENED,WOKE UP ON BASEMENT FLOOR,DISORIENTED/SLURRED SPEECH 16) January 5, 2002 - Contact with Live Wire (death) 47 year-old male in Indianapolis, IN THE DECEDENT, 47, DECIDED TO REPAIR HIS FURNACE HIMSELF.<br><br> SEVERAL HOURS AFTER HE WAS LAST SEEN, IS WIFE HAD A NEGHBOR LOOK FOR HIM IN THE BASEMENT. HE WAS FOUND ELECTROCUTED, HOLDING ONTO A FURNACE Page 8 of 12 CONPONENT WITH AN ELECTRICAL WIRE ATTACHED. THE CAUSE OF DEATH WAS ASPHYXIA DUE TO ELECTROCUTION.<br><br> 17) August 18, 2003 - Contact with Live Wire (death) 49 year-old male in Blue Springs, MO A 49-YEAR-OLD MALE WAS ELECTROCUTED WHILE CHANGING A FILTER ON A NATURAL GAS FURNACE IN THE BASEMENT OF HIS HOME. THE VICTIM TOUCHED A BARE "HOT" WIRE ATTACHED TO A CAPACITOR IN THE FURNACE WHILE STANDING BAREFOOT IN DRAINAGE WATER AT THE BASE OF THE FURNACE. HE WAS LIVING ALONE AND FOUND TWO DAYS LATER BY HIS DAUGHTER AND FRIENDS.<br><br> THE FURNACE WAS RUNNING WHEN THE VICTIM WAS FOUND BY HIS DAUGHTER AND NO CIRCUIT BREAKER HAD BEEN TRIPPED 18) August 8, 2003 3 Basement Outlet (non-fatal shock) Age and location unknown RECEIVED ELECTRICAL SHOCK WHEN TURNING ON A LAMP LAYING ON WET FLOOR IN BASEMENT, FELL THEN WALKED UPSTAIRS TO TELL MOM; ELECTRICAL SHOCK 19) April 11, 2001 3 Basement Outlet (death) Age and location unknown ELECTROCUTION LT HAND-ELECTRIC SHOCK-@ HOME-CHANGING A LIGHT BULB IN A WET BASEMENT 20) August 31, 2003 3 Basement Outlet (death) 49 year-old female in Kahoka, MO WHILE CHANGING A LIGHT BULB IN A WET BASEMENT, THE VICTIM RECEIVED AN ELECTRIC SHOCK. SHE LATER COLLAPSED. SHE DIED AT A HOSPITAL.<br><br> THE AUTOPSY REVELED AN UNDIAGNOSED HEART CONDITION THAT CONTRIBUTED TO HER DEATH. NO INFORMATION ABOUT THE LIGHT BULB AND FIXTURE OR CIRCUIT BREAKER WAS AVAILABLE. 21) August 22, 2001 - Basement Outlet (death) 35 year-old female in Russell, NY A WOMAN, AGE 35, DIED OF CARDIAC ARREST CAUSED BY ELECTROCUTION.<br><br> SHE HAD PLUGGED A FAULTY HALOGEN FLOOD LIGHT INTO A BASEMENT OUTLET. 22) June 15, 1998 - Basement Outlet (death) 35 year-old male in Taftville, CT A MAN, AGE 35, DIED OF ELECTROCUTION BURNS RECEIVED USING A VACUUM Page 9 of 12 23) November 27, 2002 3 Basement Light Fixture (death) 22 year-old female in Omaha, NE A FEMALE WAS ELECTROCUTED WHEN SHE STEPPED INTO A PUDDLE OF WATER IN HER BASEMENT THAT WAS ENERGIZED BY A NEARBY ELECTRIC POWER DRILL THAT WAS PLUGGED INTO A CEILING LIGHT FIXTURE THAT HAD A HOT GROUND WIRE. 24) August 16, 1998 Upstairs Outlet/Extension Cord (death) 36 year-old male from Chicago, IL A MAN, AGE 36, ELECTROCUTED FROM AN EXTENSION CORD WHICH WAS CONNECTED TO AN UPSTAIRS OUTLET WHEN HE WAS ATTEMPTING TO HOOK UP A SUMP PUMP IN THE BASEMENT.<br><br> 4 25) July 25, 2007 Sump Pump (death) 84 year-old female from Kokomo, IN A WOMAN DIED OF ELECTROCUTION BY A FAULTY SUMP PUMP AT HER HOME. SHE WAS FOUND IN THE BASEMENT, LYING IN A FEW INCHES OF WATER. IDI REPORTS VICTIM WAS 84.<br><br> 26) October 1, 2000 3 Product malfunction reported by consumer (no injury) Age unknown,Walaska, GA A POPING SOUND CAME FROM THE BASEMENT. CONSUNER INSPECTED AND FOUND THAT THE WATER FILTER HAD CRACKED AND WATER WAS SPLLING EVERYWHERE. NO INJURY.<br><br> WATER FILTER WHICH ATTACHES TO WATER PIPES COULD POSE AN ELECTROCUTION HAZARD. 27) August 1, 2001 - Product malfunction reported by consumer (no injury) Age unknown, female in Sylvania, Ohio A FEMALE WAS ELECTROCUTED WHEN SHE STEPPED INTO A PUDDLE OF WATER IN HER BASEMENT THAT WAS ENERGIZED BY A NEARBY ELECTRIC POWER DRILL THAT WAS PLUGGED INTO A CEILING LIGHT FIXTURE THAT HAD A HOT GROUND WIRE. 28) April 14, 2003 3 Product malfunction reported by consumer (no injury) Age unknown, Dingman 9s Ferry, PA WATER LEAKED FROM THE BOTTOM OF HOT WATER BOILER.<br><br> OWNER TIGHTENED THE DRAIN ON THE BOTTOM OF THE UNIT BUT THE PROBLEM PERSISTED. THE UNIT WAS CRACKED. THE UNIT MAY FLOOD THE BASEMENT & POSES AN ELECTRIC SHOCK HAZARD.<br><br> NO INJURY. 4 BAM asked CPSC staff why this incident was not included in the initial search on electrocutions and sump pumps that was reported in Exhibit 128. Ms.<br><br> Leonard the Technical Information Specialist indicated that the first search was done using a code for csump pumps d while the later search included basements. Although she could not verify this it seems this particular incident was attributed to a faulty extension cord, not the sump pump itself. See Attachment #2 for the e-mail correspondence between Karen Linner and Vicky Leonard dated May 16, 2008.<br><br> Page 10 of 12 29) February 1, 2005 3 Product malfunction reported by consumer (no injury) Age unknown from Decatur, GA A WOMAN BELIEVES REFRIGERATOR POSES AN ELECTRICAL SHOCK HAZARD BECAUSE WATER WAS LEAKING FROM THE FREEZER COMPARTMENT INTO THE INSULATION & HEATING DUCTS IN HER BASEMENT. THE LIGHTS IN HER HOUSE ALSO BEGAN TO FLICKER. NO INJURY.<br><br> 30) January 16, 2006 3 Product malfunction reported by consumer (no injury) 35-year old male from Charlevoix, MI A POWER STRIP OVERHEATED AND DEFORMED AFTER IT WAS SUBMERGED IN WATER IN THE BASEMENT & THE RESET OR TRIP MECHANISM FAILED. NO INJURY. 31) May 11, 2006 3 Product malfunction reported by consumer (no injury) Age unknown, Des Plaines, IL CONSUMER REPORTS THAT TOP LOADING WASHING MACHINE FLOODED THE BASEMENT TO A DEPTH OF 4-6 INCHES AFTER THE UNIT DID NOT SHUT OFF ONCE IT WAS FILLED & THE WATER CONTINUED TO FLOW INTO & OUT OF THE MACHINE.<br><br> NO INJURY. <<end of Attachment 1>> Page 11 of 12 Attachment 2 Page 12 of 12

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