90.5 Mandatory Rules, Permissive Rules, and Explanatory Material

This section helps the user of this document understand the differences in language that is used within this document.  It is important to understand what text establishes a requirement, what text is a permission but not a requirement and that material which is not enforceable and only to be used for information.  


2024 Changes

First level sub-division (C) Explanatory Material was modified to add clarity that informational notes are included as “explanatory materials” and not enforceable.  Informational notes and annex materials are not enforceable as requirements in NFPA 70E.

During the public comment phase, PC 131 added a sentence to end of (C) that states “Unless the standard reference includes a date, the reference is to be considered as the latest edition of the standard.”

Reason for Change

The changes to the explanatory material related to informational notes was done to add clarity that informative annexes are not enforceable, they are informational only. 

Adding the sentence at the end of (C) aligns with the 2023 National Electrical Code 90.5(C).  The challenges with this langauge is that it sets up the standard, if a date is not included, to accept language in reference materials that the committee has not reviewed.  Keep in mind that the added language in this section does not impact the references in this document unless a date is left off.  The committee will have to make that decision when and if a reference is made and a decision is debated on whether or not to include the date for that reference.

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