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How Do Codes, Standards, and Regulations Differ?
by Karen Miller, National Hydrogen Association and Al Vasys, consultant to DOE
The Merriam Webster dictionary defines a code as a “systematic statement of a body of law,” or “a system of principles or rules.” They generally apply to construction, or the built environment. Codes establish minimum requirements for things like offset distances between permanent fixtures, ventilation requirements, plumbing and electrical requirements, and other items relating to a built environment. A code may reference a standard. If you are adding a deck onto your home, or expanding your porch, or installing a hot tub on your deck, you will need to get a permit. The jurisdiction having authority over your project will want to see proof that the job will be done in a way that conforms to existing codes. The code may reference applicable standards, such as Underwriters Laboratory (UL) standards, for example.
Codes are meaningless unless a state or local jurisdiction adopts them. There are about 10,000 local code enforcement agencies. They have the option of adopting any model code from any year, and may make local code amendments. This leads to the potential for a lot of variation in codes. Ongoing reorganizations within the International Code Council may help reduce this somewhat in the future.
Webster defines a standard as “something set up as a rule for measuring or as a model to be followed.” This does not appear to be very different from a code. In some cases, they really aren’t very different. Often when we talk about a standard for hydrogen system or component, we are talking about standards for the component or system, rather than the standard for installation, although those exist as well. A standard might be performance based, i.e., “each unit must meet the following tests,” or it may be a design standard, i.e., “the nozzle must be made of the following materials, and have the following dimensions.” Standards for manufacturing or testing unit are independent of where the unit will be used. But standards are not mandatory until they are called out someplace, such as in a code, regulation, procurement contract, or other requirements document. What standards do allow, however, is a consensus process for developing minimum technical requirements to assure uniformity of the product, including safety and performance. And often when a regulator or code official is unfamiliar with an emerging technology or new equipment design, having a standard gives that official a starting place for evaluating the technology. In addition, it gives the official some confidence that the information is based on best practices and industry consensus. It takes much of the guesswork out of the equation.
Webster further defines a regulation as “a rule dealing with details of procedure,” or “an order issued by an executive authority of a government and having the force of law.” For example, in the United States we have regulations from the Department of Transportation that relate to transporting dangerous and hazardous goods. The Federal Aviation Administration (FAA) has regulations regarding what can and cannot be brought onboard an aircraft, how often an aircraft is inspected, how many consecutive hours a pilot can be on duty, etc. These regulations are generally safety-oriented.
So while codes, standards, and regulations are each important requirements to protect the public, in most cases each has a unique niche. Codes generally apply to the built environment. Standards generally apply to components, systems, and testing. And regulations generally apply to transportation or rules of procedure.
Now that we have a general feel for the differences, I’d like to point out one very real similarity. Development of a new code, standard, or regulation takes 2-5 years on average. That is due to the fact that industry consensus is required, sometimes nationally, sometimes internationally. Often there is too little data available upon which to proceed. So the process slows while appropriate testing is conducted.
The need is real for hydrogen safety codes, standards, and appropriate regulations. And in many cases it is more immediate than the 2-5 year timeframe. I encourage you to be an active participant in the process. Those who take part in the development of the codes and standards are part of the consensus process. Please don’t rely on your competitors to do it for you. If you do, the resulting document may not support your product, and it will take longer to get a suitable document published.
We recognize that most companies cannot dedicate the resources necessary to participate in every code or standard activity. It is even difficult to identify what activities are most important for your industry or product. That is why the NHA has a robust codes and standards program. It is also why the U.S. Department of Energy, through the National Renewable Energy Laboratory, has created the Hydrogen Codes and Standards Coordination Committee (HCSCC). Together, we will help provide the tools and information you need to determine where to spend your resources. If an area for a needed code or standard is identified, the NHA will work with the appropriate organizations to develop the code or standard, even if the NHA has to form a new working group to draft the technical requirements. We will also keep you informed of ongoing efforts that may be relevant to your business. Take a few moments each month to review the Hydrogen Safety Report. If you are a member of the National Hydrogen Association, visit the NHA Members Only website periodically to review ongoing efforts, and provide comments. In this way, your concerns can be noted and brought to the appropriate code or standard activity. And please take a moment to review the HCSCC Matrix, included with this newsletter. Feedback is important to allow us to keep helping you. Remember we all need to work together. Safety is not proprietary!
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