NEC 2023
SWITCH CODE

210.70 applies to “habitable” spaces only

• The 2014 NEC® required lighting outlets to be located in every “habitable” room and bathroom.  
• Defining what is considered “habitable” is beyond the scope of the NEC® but the International Building Code defines a “Habitable Space” as “a space in a building for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces”.

This implies that the battery exclusion only applies to lighting outlets in “habitable spaces”. Commercial spaces are not “habitable.”  As a result, the battery exclusion does not apply to commercial spaces, or even residential rooms not defined as “habitable”.

404.1

This change specifically excludes battery network switches from all NEC code requirements.  That means we don’t have to consider any NEC design criteria or restrictions in our network switches.

The added note is interesting, in that it points the reader to the battery exclusion section, but it suggests that the note (and possibly therefore the exclusion) only applies to NEC covered switches, which explicitly does not include network wall stations of any kind.

One of the most confusing things is what this could apply to.  If network control switches are exempted, even in habitable spaces, and there is no such thing as a battery power switching wall station we are aware of, then what would it cover.  That suggest there is an intention to prohibit only battery switches in habitable spaces for lighting, which would leave us with the habitable space exclusion still.

In commercial applications that use motion sensors, daylight harvesting, or schedules (almost universal), there would always be a backup control option unless the room is in vacancy mode.