New home buyers are losing countertop outlets in the kitchen, and in some cases adjacent rooms, because of changes in the rules for island and peninsula outlets. As of the adoption of the National Electric Code 2023 Edition and under the provisions of this edition under NEC 210.52(C)(2), outlets serving the counters at islands and peninsulas are restricted to be installed above the counter if installed at all, and if not installed at the time of construction a provision for future installation to serve the counter must be provided. This means that all outlets must be installed above the surface of the counter and cannot be installed below the edge of the counter on the sides of walls or cabinets, if they are intended to serve the countertop.
In our area this is resulting in no outlets being installed on the surface of counters at islands and peninsulas and in most cases no outlets being installed at the sides of walls or backs of cabinet assemblies supporting bar counters where they are clearly required in the NEC under 210.52(A). This reduces available outlets where they are need most. Builders are choosing not to install any outlets because of the high cost of installing through counter outlet assemblies. The current trend is designing flat counter tops without a back splash at kitchen islands and peninsulas. Misinterpretation of the code by local authorities having jurisdiction and by some builders, as well as the desire to cut costs by builders is driving the trend to just eliminate outlets. The use of through counter pop-up outlets is costly. This trend is resulting in large non-outlet zones, which concerns many clients.
Read carefully 210.52(C)(2) does not restrict side wall outlet installation and only pertains to outlets if installed to serve an island or peninsular counter or work surface. This means that outlets installed to serve adjacent spaces and as required under 210.52(A) are not affected and are in fact required when considering how walls defined under 210.52(A)(2). Because the way the code was written only discusses countertop outlets and does not discuss outlets at the sides of islands or peninsulas, confusion is created for municipal inspectors and builders who assume the code for counters applies to all outlets at and near these locations.
Most municipalities seem not to allow outlets at the sides of islands and peninsulas as we seldom find them there when clients really want them. This is unpopular with most clients purchasing homes as they like to have outlets at these locations as well as countertop outlets and likely would be willing to pay for them. Hopefully this concern will be clarified in the next code iteration and manufacturer offerings for through counter outlets will become more cost-effective allowing countertop outlet installations.
There is an article discussing this subject further at nfpa.org blog. The article is still a little confusing but is clarified well in the comments.
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