AB874: Bill Text

LRB-3932/3

RJM:cjs:kjf

2001 - 2002 LEGISLATURE

2001 Assembly BILL 874

February 27, 2002 - Introduced by Representatives Meyerhofer, Ott, Plouff, Hines, Gronemus, Pettis, J. Lehman and Jeskewitz, cosponsored by Senators Baumgart, M. Meyer and Burke. Referred to Committee on Labor and Workforce Development.

AB874,1,9 An Act to repeal 101.87 (3); to renumber 101.80 (1) and 101.80 (2); to renumber and amend 101.865 (1), 101.87 (1) and 101.87 (2); to amend subchapter IV (title) of chapter 101 [precedes 101.80], 101.84 (2), 101.86 (1) (a), 101.88 (1) and 101.88 (3); to repeal and recreate 101.87 (title); and to create 101.80 (2m), (3) and (4), 101.80 (6), 101.80 (9), 101.80 (10), 101.865 (1) (c), 101.866, 101.87 (1) (c), 101.87 (1) (d) (intro.), 101.87 (1) (f) 3. and 4., 101.87 (2) (b), 101.87 (3m) and 101.875 of the statutes; relating to: licensing of electricians and electrical contractors, regulation of electrical construction, granting rule-making authority, and providing a penalty.

Analysis by the Legislative Reference Bureau

Under current law, the department of commerce (department) must administer a program for certifying electrical contractors and master, journeyman, and beginning electricians. However, current law does not require a person who works as an electrician or electrical contractor to be certified by the department. A city, village, town, or county, though, may enact an ordinance requiring this certification or requiring the electrician or contractor to obtain a license from the municipality.

With certain exceptions, this bill requires every person who performs electrical construction in this state to be licensed by the department as a master, journeyman, or beginning electrician. This bill also requires electrical contractors to be licensed by the department. In addition, the bill requires an electrical contractor to maintain a bond in the amount of at least $5,000 and to obtain liability insurance in specified amounts. The bill prohibits a municipality from imposing an additional bonding requirement upon any electrical contractor who satisfies the bonding requirements under the bill. The bill specifies several persons who are exempt from the licensing, bonding, and insurance requirements, including certain individuals who perform work on their own residences, persons working for public utilities, certain maintenance electricians, elevator and escalator technicians, persons who install or maintain low voltage systems and equipment, alarm system contractors, and certain communications technicians. The bill requires the department to promulgate rules to administer the licensing program and specifies requirements with regard to supervision at work sites, qualifications for licensure, and other matters. The bill retains municipal authority to regulate electrical construction, provided the municipal ordinance is not less restrictive than the statutes and meets the minimum requirements of the department's rules.

Current law requires every electrical contractor and other person who does any electric wiring in this state to comply with the department's rules and requires the company furnishing the electric current to obtain proof of compliance before furnishing the current. Under current law, this proof may be in the form of a certificate furnished by a electrical inspector or, if there is no electrical inspector, a written statement furnished by the electrical contractor or other person doing the wiring.

This bill, instead, requires every electrical contractor to ensure that all electrical construction the contractor undertakes complies with the rules of the department. The bill retains the requirement that the company supplying electric current obtain proof of compliance. However, under the bill, the proof must be a certificate of an electrical inspector certified by the department, indicating that the electrical construction is in compliance. The bill also requires the property owner to obtain proof of compliance from a certified inspector indicating that the electrical construction is sufficient for occupancy.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB874, s. 1 Section 1. Subchapter IV (title) of chapter 101 [precedes 101.80] of the statutes is amended to read:

AB874,2,3 CHAPTER 101

AB874,3,7 SUBCHAPTER IV INSPECTION OF ELECTRICAL CONSTRUCTION AND CERTIFICATION OF MASTER ELECTRICIANS, electrical CONTRACTORS, and JOURNEYMEN AND BEGINNING ELECTRICIANS

AB874, s. 2 Section 2. 101.80 (1) of the statutes is renumbered 101.80 (5).

AB874, s. 3 Section 3. 101.80 (2) of the statutes is renumbered 101.80 (8).

AB874, s. 4 Section 4. 101.80 (2m), (3) and (4) of the statutes are created to read:

AB874,3,13 101.80 (2m) "Apprentice electrician" means an apprentice under an electrician apprenticeship program that is operated in compliance with ch. 106 and recognized by the U.S. department of labor.

AB874,3,15 (3) "Electrical construction" means the installing, altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment.

AB874,3,18 (4) "Electrical contractor" means a person who undertakes or offers to undertake work that constitutes electrical construction or the supervision of electrical construction.

AB874, s. 5 Section 5. 101.80 (6) of the statutes is created to read:

AB874,3,22 101.80 (6) "Personal supervision" means oversight, by a master or journeyman electrician licensed by the department, of electrical construction being performed, such that the master or journeyman electrician:

AB874,3,24 (a) Is present at the work site and provides personal supervision for the entire working day;

AB874,4,2 (b) Is immediately available to the person performing the electrical construction at all times for assistance and direction;

AB874,4,3 (c) Reviews the electrical construction performed; and

AB874,4,6 (d) Is able to and does determine whether the electrical construction is performed in compliance with this subchapter and any applicable rules promulgated under this subchapter.

AB874, s. 6 Section 6. 101.80 (9) of the statutes is created to read:

AB874,4,11 101.80 (9) "Residential property owner" means an individual who performs electrical construction on premises that the individual owns and occupies as a residence or owns and will occupy as a residence upon completion of the electrical construction or the construction of the residence.

AB874, s. 7 Section 7. 101.80 (10) of the statutes is created to read:

AB874,4,14 101.80 (10) "Wisconsin State Electrical Code" means the rules promulgated by the department under this subchapter.

AB874, s. 8 Section 8. 101.84 (2) of the statutes is amended to read:

AB874,4,19 101.84 (2) At the request of the owner or tenant, enter, inspect and examine the exterior and interior wiring of a public building or place of employment necessary to ascertain compliance with the rules promulgated under this subchapter Wisconsin State Electrical Code.

AB874, s. 9 Section 9. 101.86 (1) (a) of the statutes is amended to read:

AB874,5,5 101.86 (1) (a) Exercise jurisdiction over electrical construction and inspection of electrical construction in public buildings and places of employment by passage of ordinances, providing such ordinances. Ordinances enacted under this paragraph may not be less restrictive than this subchapter and shall meet the minimum requirements of the department's rules adopted under this subchapter Wisconsin State Electrical Code. No ordinance may require an electrical contractor who has filed a bond under s. 101.866 (1) (a) 3. to maintain a bond as a condition of the electrical contractor undertaking work in a municipality. A county ordinance shall apply in any city, village or town within the county which has not enacted such an ordinance.

AB874, s. 10 Section 10. 101.865 (1) of the statutes is renumbered 101.865 (1) (a) and amended to read:

AB874,5,12 101.865 (1) (a) It is hereby made the duty of every Every electrical contractor and other person who does any electric wiring in this state to comply shall ensure that all electrical construction the electrical contractor undertakes complies with the Wisconsin state electrical code, and the State Electrical Code or any more stringent requirements under an applicable municipal electrical code.

AB874,5,22 (b) The company furnishing the electric current shall obtain proof of such compliance before furnishing such service; provided, that nothing therein contained shall be construed as prohibiting any municipality from making more stringent regulations than those contained in the Wisconsin state electrical code. Proof of such the electric current. The proof of compliance shall consist of a certificate furnished by a municipal or other recognized inspection department or officer, or if there is no such inspection department or officer it shall consist of a written statement furnished by the contractor or other person doing the wiring an electrical inspector certified under s. 101.82 (2), indicating that there has been such the electrical construction is in compliance.

AB874, s. 11 Section 11. 101.865 (1) (c) of the statutes is created to read:

AB874,6,3 101.865 (1) (c) The owner of the building shall obtain proof of compliance before occupying the building or permitting the building to be occupied. This proof of compliance shall consist of a certificate furnished by an electrical inspector certified under s. 101.82 (2), indicating that the electrical construction is in compliance and that the building, as it relates to electrical construction, is fit for occupancy.

AB874, s. 12 Section 12. 101.866 of the statutes is created to read:

AB874,6,7 101.866 Regulation of electricians and electrical contractors. (1) (a) Except as provided under sub. (3) and s. 101.87 (3m), no person may act as an electrical contractor in this state unless the person satisfies all of the following:

AB874,6,10 1. The person has an electrical contractor's license issued by the department. An electrical contractor's license does not authorize the licensee to physically perform electrical construction.

AB874,6,17 2. The person is a master electrician licensed by the department or employs a master electrician licensed by the department who is responsible, under the terms of employment, for the performance and supervision of all electrical construction undertaken by the electrical contractor. If the electrical contractor employs a licensed master electrician, the licensed master electrician may not be employed as an electrician by any other electrical contractor or by any person described under sub. (3).

AB874,6,23 3. The person files with the department, and maintains, a bond endorsed by a surety company authorized to do business in this state of not less than $5,000, conditioned upon the electrical contractor's ensuring that all electrical construction the electrical contractor undertakes complies with the Wisconsin State Electrical Code. The bond shall be for the benefit of persons damaged by reason of a failure to so comply.

AB874,7,12 4. The person maintains either a policy of general liability insurance insuring the person in the amount of at least $100,000 per occurrence and $300,000 aggregate for bodily injury to or death of others because of electrical construction undertaken by the person, and a policy of insurance insuring the person in the amount of at least $25,000 for damage to property because of electrical construction undertaken by the person, or a policy of insurance insuring the person in the amount of at least $300,000 per occurrence and $300,000 aggregate for damage to property and bodily injury to or death of others because of electrical construction undertaken by the person. Each policy of insurance shall be issued by an insurer authorized to do business in this state. The person shall file with the department a certificate, issued by the insurer, indicating that the person is in compliance with the applicable portion of this subdivision. An insurer may not cancel a policy of insurance that is the subject of such a certificate unless the insurer provides written notice of cancellation to the department at least 15 days before the date of cancellation.

AB874,7,14 (b) All written requests for permits and inspection made by an electrical contractor shall be signed by a master electrician who satisfies par. (a) 2.

AB874,7,20 (2) Except as provided under sub. (3), no person may perform electrical construction in this state unless the person is licensed by the department as a master, journeyman, or beginning electrician or is an apprentice electrician. The department, by rule, may specify the type of electrical construction that a master, journeyman, or beginning electrician or apprentice electrician is authorized to perform, except as follows: