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Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code (“NEC”), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged “For Future Use.” While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
Removing Abandoned Cables
Initially, property owners should assess the current situation within their buildings and have all abandoned and unused cables and wires either removed or tagged “For Future Use.” While newer buildings may not have a serious issue with abandoned cables, older buildings may have accumulated an astounding amount of abandoned cables. For example, Stephen M. Huss, president of Vertical Management, LLC, a riser audit, abatement and management company based in Marietta, GA, reports that his company removed 20,000 pounds of abandoned cable from a 25-year-old, 500,000 square foot building in the metropolitan Atlanta area. How does this happen? Advancing technologies render “old” cables obsolete, and often the new cables will be installed beside the old without removal of the existing cables. Further, as tenants turn over, outgoing tenants often do not remove their cables, even when lease provisions require them to do so, and new tenants have new cables installed to fit their specific needs without regard to existing cables.
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