The current status, as of Feb 29th, 2008, is that the 2008 NEC is legally in effect. This has been the case since January 1, 2008.

The Ohio Home Builder’s Association has, again, requested that both the 2003 IECC and the 2005 NEC be allowed to be used for another six months. On February 11th, the Board of Building Standards (BBS) upon recommendation from the Residential Construction Advisory Committee (RCAC) has agreed to the request. However, to make it legal, rules will have to be put in place allowing that to happen.

We have been told that the governor’s office is preparing an executive order that will be used to allow us to file emergency rules which, again, will allow the use of either the 2003 IECC or the 2006 IECC and either the 2005 NEC or the 2008 NEC for one-,two-, and three-family dwellings until September 1, 2008. However, as of this moment, we have not been given word that the executive order has been completed.

In addition to the emergency rules that would take effect immediately after filed, we are also planning to adopt the same rules through our normal process that will allow the use of either the 2003 IECC or the 2006 IECC and either the 2005 NEC or the 2008 NEC until September 1, 2008 (again only for one-, two-, and three-family dwelling units). The normal rule process takes about 76 days to complete and requires a public hearing. As a result of the lengthy time period involved, the soonest that the normal rules could be in effect would be May 12, 2008. That effective date is based upon a public hearing occurring in early April. As of this moment, we are still waiting for the green light to file those rules.

The short answer is that until the rules are officially filed, we are still operating under the 2006 IECC and the 2008 NEC. For commercial jobs this will continue to be the case. For one-, two-, and three-family dwellings, we expect changes to be forthcoming.

I hope this helps explain what has turned out to be a very confusing situation.

We will make our best attempts at notifying everyone as soon as something officially changes

Steven P. Regoli, AIA
Ohio Board of Building Standards