N.S. not budging on regulations that hurt off-grid homeowners and industry

Provincial government officials know they’re enforcing regulations that make it more expensive for homeowners to store green electricity while undercutting a Nova Scotian manufacturer.

But they’re not going to do anything about it.

“The electrical code regulations in Nova Scotia require that the Canadian Electrical Code (CE Code) be adopted,” reads a written response from the Department of Labour.

“There is presently no authority to make exemptions to the CE Code requirements for the jurisdiction.”

At issue is a certification dubbed UL9540. 

UL9540 was developed by Underwriters Laboratories Solutions of Illinois back in 2020 to take into account the increased fire hazard posed by lithium-ion batteries.

It requires that battery backup systems, their chargers and battery management system be independently lab tested to work together.

This makes sense for lithium-ion batteries, for which the computerized battery management system is critical to the safe charge and discharge of electricity, along with maintaining battery life.

But lead-acid batteries don’t need a battery management system and, according to the National Fire Protection Association, are of much lower fire risk due to their chemistry and lower density of energy storage.

For the past half century, people have been mixing and matching certified batteries with any one of countless certified chargers or inverters. UL9540 would require that every off-the-shelf or custom charger be independently tested to charge every lead-acid battery setup.

UL9540 applies to all battery backup systems and in 2020 was adopted by the Canadian Electrical Code.

‘The bane of my existence’

“This has been the bane of my existence – people putting in regulations without understanding the parameters of use,” said Rob Sedgewick, the Windsor-based owner of off-grid installer SAGE Energy.

“All batteries, all chemistries, have different factors in how they behave and what their associated risk level is. There are lithium-ion chemistries that don’t exhibit thermal runaway (fire hazard) and there are lithium-ion chemistries that do, but they all get bunched together anyway. Lead-acid has basically a zero per cent (fire hazard), so it is being subjected to totally unfair scrutiny.”

Though heavier, larger and less efficient than lithium-ion systems, lead-acid battery backup systems cost about half the price for the same capacity. They are also simpler and can work in a wider range of ambient temperatures without needing a temperature control system.

Nova Scotia Power itself uses lead-acid systems for battery backups of some of its equipment.

Even so, as the utility tasked with inspecting battery backup systems in homes, it has been refusing to approve them, in keeping with the rules adopted by the province.

Aware of limitations

Last week, representatives of Surrette Battery and the renewable installation industry met with the province’s chief electrical inspector.

“He is aware that currently the new UL9540 / UL9540A requirements, without exemption, are limiting,” said Jeff Myles of Surette Battery of the meeting.

“He’s very familiar with the products Surrette offers and understands that, realistically, they have been in use and continue to be a safe and affordable solution for residential energy storage. However, his hands are tied until legislation is passed allowing an exemption for lead-acid technology.”

No such legislation will be forthcoming in Nova Scotia, according to a written response from the Department of Labour, Skilled Trades and Immigration.

Ontario, meanwhile, managed to exempt lead-acid battery backup systems from UL9540 last year.

Potential workaround

In Nova Scotia, those who want to install a lead-acid battery backup system are being invited to apply for a “deviation order” from the department – which could, if approved by the chief electrical inspector, result in the system being approved.

“Various other jurisdictions including Nova Scotia deal with this issue through variances or deviations on a case-by-case basis,” reads a response to Chronicle Herald questions from the Department of Labour, Skills and Immigration.

Those in industry say that if lead-acid system were safe prior to 2020, they are still safe today.

And that asking people to take the gamble to install a system and then apply for a deviation order without any guarantee they will get it, doesn’t make sense.

“Although a potential workaround is in place, the application process adds administrative time and effort on the part of an installer, as well as homeowners, and is likely to deter them from choosing products made locally in favour of one of the few higher priced options which currently meet the requirements,” wrote Myles.

“It’s a lose-lose for NS homeowners and for supporting local manufacturing. This impacts small businesses in the province who’ve been, until recently, offering affordable lead-acid storage options to their customers. It limits options and increases costs for NS homeowners seeking reliable backup solutions. It prices off-grid systems out of reach for many homeowners as an approved lithium solution will result in (two- to four-times) the cost for equivalent energy storage. Higher system costs make rebate and incentive programs offered by the province … less enticing.”