A year after housing affordability concerns thwarted an effort to make the 2023 National Electrical Code law in the city of Omaha, Neb., a second attempt has succeeded.
The city council on December 9 narrowly approved an ordinance adopting the full 2023 NEC, a defeat for a council faction that favored a version the state adopted in 2024 that removed requirements for expanded use of GFCIs, exterior power shut-offs, and surge protection for new homes. State lawmakers bought the argument that those requirements were of questionable value from a safety standpoint, especially when weighed against the cost in dollars and regulatory creep to mandate the features.
Several Omaha council members picked up that reasoning in November 2024 after a city ordinance adopting the 2023 NEC to replace the 2017 NEC — minus the state’s excisions — was introduced. Calling the parts the state removed regulatory overreach, safety overkill, and likely harmful to formal efforts the city backs to work to make housing more affordable, the opponents argued the city (like many surrounding it and elsewhere in the state) should follow the state’s lead and adopt the pared down 2023 NEC. They ultimately lost the vote by a 4-3 margin, but a veto by then-mayor Jean Stothert sent the measure down to defeat.
The issue resurfaced again this year, with the same council battle lines in place except for one key difference: a new mayor. Confident the new Democratic mayor elected in May, John Ewing, Jr., was in their corner on the issue, proponents of full 2023 NEC adoption reintroduced the ordinance, prevailing 4-3 again but this time minus the veto threat.
The winning side, however, did make one concession: Prior to the vote council president and ordinance sponsor Danny Begley, who serves as vice president of IBEW Local 1483, took out the requirement for whole-home surge protective devices. Left in, though, were requirements for expanded GFCI protection in new homes, including in basements and laundry areas where large appliances might be connected; and meter socket disconnects giving first responders the ability to easily cut power to a house before entering.
A main point of contention for the two sides was cost, intensely debated during council sessions leading up to the vote. Backers of the pared down state version, chiefly homebuilder interests, said the new requirements could add up to $2,000 to the cost of a new home. But citing statistics from the National Association of Homebuilders (NAHB), even a much lower number, they claimed, could close home ownership off to 500 or more potential buyers. Supporters of the stricter requirements put the cost at around $500, an amount they argued would have minimal impact on affordability but amount to a bargain to ensure the long-term safety of occupants and first responders.
“To me this is about safe, affordable housing,” Begley said at a hearing on the ordinance. “It’s common sense for families that live in Omaha; it’s life safety measures. I brought it back because I feel strongly that we’re not penalizing affordable housing and saying this is the spear of the arrow what will terminate affordable housing. We can have safe, affordable housing with the measures we’re putting in today.”
Emphasizing the electrical safety issues the ordinance would easily address, Begley referenced support from the president of Omaha Professional Firefighters Local 385. In a letter to the council, Trevor Towhey said requiring meter socket disconnects would protect firefighters: “Allowing firefighters to safely and immediately disconnect power at the exterior of the home eliminates this risk (of encountering live electrical wiring) and ensures no firefighter has to worry about coming into contact with energized wiring while performing search, rescue, or fire suppression duties. This is a simple, cost-effective change that directly improves firefighter safety while also protecting the residents we serve.”
Opponents countered that a readily available exterior power shut off could invite mischief, noting that first responders generally already know how to disconnect power at the meter without a shut-off. The price tag for that and the expanded GFCI coverage, critics of the approved ordinance said, was too high at a time of rapidly rising home prices.
“These are ‘wanna haves’ not ‘have to haves,’” said councilmember Brinker Harding. “We’re not compromising safety by taking these out of the code, I’m confident.”
