You're right, the introduction of "level and flat as practical" in the 2023 NEC 110.26(A)(6) introduces a degree of subjectivity for the AHJ. Since Iowa is still on the 2020 NEC, this specific requirement is not yet enforced there. However, it's good to be thinking ahead and preparing for the eventual adoption of the 2023 code.Here's a breakdown of how to approach the interpretation, along with factors to consider for outdoor installations, and what others are doing

Understanding "Level and Flat as Practical"
Objective

The goal is to provide a stable and safe working surface for electrical workers. This is crucial for preventing slips, trips, and falls, especially when handling tools, equipment, or energized parts.

"As Practical" is Key

This acknowledges that achieving perfectly level and flat is not always possible due to existing site conditions, terrain, or cost constraints.

Factors to Consider for Outdoor Panels with Steep Grades


Severity of the Slope

The steeper the grade, the greater the hazard. A gentle slope might be acceptable, whereas a significant drop-off is clearly problematic.2.

Extent of the Working Space

Remember the working space dimensions in 110.26(A) (depth, width, and height). The "level and flat" requirement applies to the entire area within those dimensions.
3.

Existing Site Conditions

Is the ground compacted soil, loose gravel, grass, or something else? Stability matters.4.

Feasibility of Correction

Can the grade be reasonably corrected? Consider:

Minor Grading

Simple filling and leveling with compacted gravel or soil might suffice.

Retaining Walls

For significant slopes, a small retaining wall might be necessary to create a level area.

Platforms

A purpose-built platform with steps and a level surface could be the best solution in some cases.5.

Cost-Effectiveness

The solution should be reasonable in cost compared to the overall project.6.

Accessibility

Ensure the solution doesn't create new accessibility issues (e.g., requiring workers to climb over obstacles).

How to Interpret and Enforce (as an AHJ)


Communicate Expectations Early

Proactively discuss this requirement with contractors and designers before installations are complete. This will reduce the likelihood of disagreements later.2.

Develop Guidelines (Optional)

Consider creating internal guidelines or examples for your jurisdiction to provide more clarity on what is considered "level and flat as practical." This will improve consistency.3.

Use a Common-Sense Approach

Base your decisions on the overall safety and accessibility of the working space.4.

Document Your Decisions

If you require corrective action, clearly document the reason and the specific requirements you are enforcing.5.

Be Consistent

Apply the standard fairly across all similar installations.6.

Consider a Threshold

You could consider developing a reasonable threshold for the amount of acceptable slope within the working space, although explicitly defining this in degrees might be difficult to enforce consistently. For example, a slope greater than 5% (a rise or fall of 5 inches over 100 inches) might automatically trigger the need for corrective action.7.

Focus on Safety

If there is a safety concern regarding levelness around the working space of the electrical equipment, you should be more strict, while if there is only minor deviation, you should be more lenient.

Practical Solutions and Examples



Minor Slope (e.g., 2-3%)

Compacting gravel or soil to create a more stable and even surface.

Moderate Slope (e.g., 5-10%)

Building a small retaining wall at the lower edge of the working space and backfilling with compacted material.

Significant Slope (e.g., >10%)

Installing a prefabricated platform with steps or a custom-built concrete pad.

What Others Are Doing (Based on Early Feedback)



AHJs are Asking Questions

There's a lot of discussion and uncertainty about this new requirement. Many AHJs are seeking clarification and sharing their interpretations.

Emphasis on Reasonable Solutions

Most AHJs seem to be taking a practical approach, focusing on solutions that significantly improve safety without imposing undue burdens.

Focus on Stability

More attention is being given to the stability of the ground surface. Loose gravel or uneven surfaces are more likely to be flagged than a gently sloping, compacted surface.

Temporary Fixes Being Rejected

AHJs seem to agree that using things such as wood shims to level ladders placed in the working space would not be compliant.

Key Questions to Ask Yourself When Inspecting

Can a worker stand safely and comfortably while operating the equipment? Is there a significant risk of slipping, tripping, or falling due to the slope or unevenness of the ground? Is the working space stable and free from loose debris or hazards? Is the proposed solution reasonable and cost-effective?

Important Considerations for Your Situation in Iowa (Sticking with 2020 NEC)

Since Iowa is on the 2020 NEC, you do not need to enforce 110.26(A)(6) "level and flat as practical." However, you do still need to enforce other relevant sections of 110.26, including:

110.26(A)

Working Space (dimensions)

110.26(A)(3)

Clear Spaces (unobstructed access)

110.26(C)

Entrance to and Egress from Working SpaceWhile you can't require "level and flat," you can recommend it to improve safety and prepare for the future. You can also address any clear hazards under your existing authority in the 2020 code.

In Summary:

The "level and flat as practical" requirement in the 2023 NEC introduces a degree of judgment for the AHJ. By considering the severity of the slope, the extent of the working space, the feasibility of correction, and the cost-effectiveness of the solution, you can make informed decisions that enhance safety without imposing unreasonable burdens. Communicate clearly with contractors, develop guidelines if desired, and document your decisions. In Iowa, you don't need to enforce this specific requirement yet*, but you can prepare for it and address clear safety hazards under your current code. Flag for review