Hydrogen and Public Policy

Hydrogen Codes and Standards

As the number of residential and commercial Hydrogen and Fuel Cell Technologies (HFCT) deployments increases, code enforcement officials must be able to identify which existing codes and standards can be appropriately and effectively applied to HFCT and what to do in the event current codes or standards do not explicitly address a particular application. As with any technology, the commercialization of HFCT relies heavily on standardization, thereby assuring users of safety. A lack of sufficient, robust, and relevant safety codes and standards can hinder the commercialization of HFCT by reinforcing public uncertainty about the viability and safety of these technologies. The lack of uniformity among hydrogen codes and standards was cited by the authors of the National Hydrogen Energy Roadmap, released in 2002, as the key “institutional challenge” to the commercialization of hydrogen as fuel or an energy carrier, and to the conversion to a hydrogen economy in general. Lack of uniformity in the standards that do exist is also considered a challenge to the public acceptance of hydrogen applications.

Harmony among hydrogen-related codes and standards is imperative to the acceptance of HFCT by investors, other stakeholders, and the public. Some groundwork has been laid for this to take place, as President George W. Bush’s hydrogen initiative has dedicated $246 million in FY 2006 (part of $1.2 billion in overall funding) to “hydrogen and fuel cell activities.” The initiative is dedicated to overcoming the key technical and cost barriers currently preventing HFCT commercialization, including the development and implementation of HFCT codes and standards.

For the customer seeking to site a stationary fuel cell on their property, well-defined codes and standards will help to guarantee that no undue delays will occur for approvals during installation. For the provider of the fuel cell technology, strong codes and standards will help to ensure a more level playing field vis-à-vis mature on-site electricity generation technologies. Standardization through the code approval and enforcement process will also help safety and emergency personnel develop appropriate responses to accidents or fire.

With over 44,000 local jurisdictions nationwide, implementation of HFCT codes and standards in a uniform manner may seem daunting. However, through coordination and cooperation among states and across communities within states, HFCT can achieve the same level of standardization and acceptance other existing generation and fueling systems receive.

The relevant codes and standards that apply to HFCT uses are spread out among many different adopted codes and standards. In addition, states will have adopted different versions from different cycles of codes and standards development. Also, many states adopt these codes with modifications to suit their particular goals and objectives.

Since 2002, when HFCT codes and standards development was identified in the National Hydrogen Energy Roadmap as a “key institutional challenge,” the major standards bodies have worked to adopt initial HFCT codes and standards. These codes and standards are expected to evolve over time with each new cycle of codes and standards adoption in order to improve and develop more robust language to meet the needs and reflect experiences of HFCT deployment. In addition, the federal government is encouraging greater training of code officials and the development of publications by states to assist both HFCT providers and officials with guidelines on how to site and approve HFCT installations for stationary and refueling applications. This is necessary as each state will have a slightly different body of codes and standards depending on what versions have been adopted and what modifications they have made in their adoption.

Codes and standards are primarily developed by industry organizations and professional associations incorporating the views of interested parties. They hold a copyright over these codes and are non-governmental organizations, even though governmental entities may have participated in the development process. Examples of top national codes and standards organizations include the International Code Council (ICC), the National Fire Protection Association (NFPA), and American Society of Mechanical Engineers (ASME).

A code is a law or regulation that sets forth minimum requirements in the quality and performance criteria for the materials and methods related to the codes subject matter. For a building code, it would set forth minimum quality and performance criteria for the design and construction of buildings and structures and the materials and methods to meet these requirements. Many requirements found in building codes are excerpts from, or based on, the standards published by nationally recognized organizations. A standard sets forth conditions or requirements that a material or method must meet, thereby providing an acceptable level of safety.

The most extensive use of the standards is their adoption into building codes by reference, thus keeping the building codes to a workable size and eliminating much duplication of effort. Whereas a model code becomes law when it is adopted by a jurisdiction, a standard becomes law to the extent to which it is referenced in a model code. The critical role of standards in the building regulatory process is such that the standards are an extension of the code requirements and are therefore equally enforceable. When the adopted code has specific requirements that vary from those found in a referenced standard, the requirements of the adopted code take precedence over the standard. If the code is silent on a particular issue, then the provisions in the standard are applicable to the prescribed extent of the reference to that standard.

In the State of New Jersey, the Department of Community Affairs (DCA) coordinates the codes and standards for new construction, the alteration of existing structures, and maintenance of buildings and structures in the state. The list of construction and maintenance codes adopted in New Jersey most relevant to the use of hydrogen technologies in infrastructure can be found in Table 2 below.

Table 2. Construction Codes Adopted in New Jersey

The DCA oversees the implementation of and adherence to these codes through the Division of Codes and Standards (DCS), the Division of Fire Safety (DFS) and the Office of Regulatory Affairs (ORA). The State of New Jersey is preparing to adopt the 2006 International Building Code (2006 IBC), 2006 International Mechanical Code (2006 IMC), 2006 International Fuel Gas Code (2006 IFGC), and the 2006 International Fire Code. In addition to a six-month phase in period provided by the regulations, there is typically a lag between the adoption of a new code and the construction of buildings that adhere to the new code. The phase in period and lag time provides the code enforcement officials, contractors, and developers time to become familiar with the new code. The 2006 I-Codes and their referenced standards contain major changes for hydrogen motor fueling/dispensing facilities along with improved language for handling the installation of stationary hydrogen fuel cells.

Even while preparing to adopt the latest set of IBC codes, New Jersey has ensured in its statutory language through New Jersey’s Uniform Construction Code that code officials can use newer nationally adopted standards or other outside standards like the Compressed Gas Association’s standards found in Appendix B. This can be done so long as is the codes are comparable to or better than existing standards and do not conflict with the existing building code. The DCS also provides an important backstop function to local code officials. If a person believes they have been wrongly denied an approval based on existing codes and standards, they can appeal the decision to the DCS for review. Similarly, if a local code official does not believe it has the expertise to rule on an approval, it may request the DCS to make the determination. In certain instances, the State has responsibility for code enforcement. For certain categories of buildings, the State performs the plan review whereas the local enforcing agency retains the responsibility for performing the field inspections. These include casinos and hospitals. For State-owned buildings and in municipalities where the DCS serves as the local code enforcement agency, the DCS performs both plan review and inspections.