SPS 316.001(2) (2)Code intention. This chapter is not intended as a design specification or as an instruction manual for untrained persons.
SPS 316.001 Note Note: The Wisconsin state electrical code is issued and administered by the department and by the public service commission in 2 chapters of the Wisconsin administrative code. The department has the responsibility for issuance and administration of this chapter, and the public service commission has the responsibility for issuance and administration of ch. PSC 114.
SPS 316.001 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; CR 08-047: renum. from Comm 16.01 and am. (2) Register February 2009 No. 638, eff. 3-1-09; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register February 2009 No. 638.
SPS 316.002 SPS 316.002Scope.
SPS 316.002(1) (1)Covered. This chapter covers:
SPS 316.002(1)(a) (a) Installations of electric and communication conductors and equipment in places of employment, within or on public and private buildings or other structures, including mobile homes, recreational vehicles, and floating buildings; and other premises such as yards, carnivals, parking and other lots, mines, trenches and tunnels, and industrial substations.
SPS 316.002(1)(b) (b) Installations of conductors and equipment that connect to the supply of electricity.
SPS 316.002(1)(c) (c) Installations of other outside conductors and equipment on the premises.
SPS 316.002(1)(d) (d) Installations of optical fiber cable.
SPS 316.002(1)(e) (e) Installations in buildings used by the electric utility, such as office buildings, warehouses, garages, machine shops and recreational buildings, that are not an integral part of a generating plant, substation or control center.
SPS 316.002(1)(f) (f) Inspections of electrical construction of farms, public buildings and places of employment.
SPS 316.002(2) (2)Not covered. This chapter does not cover:
SPS 316.002(2)(a) (a) Installations of electric conductors and equipment in ships, watercraft other than floating buildings, railway rolling stock, aircraft, or automotive vehicles other than mobile homes and recreational vehicles.
SPS 316.002(2)(b) (b) Installations of electric conductors and equipment for generation, transformation or distribution of power used exclusively by railways for signaling and communication purposes.
SPS 316.002(2)(c) (c) Installations of communication equipment under exclusive control of communication utilities, located outdoors or in building spaces used exclusively for such installations.
SPS 316.002(2)(d) (d) Installations, including associated lighting, under the exclusive control of electric utilities for the purpose of communications, metering, generation, control, transformation, transmission or distribution of electric energy. Such installations shall be located in buildings used exclusively by utilities for such purposes; outdoors on property owned or leased by the utility; on or along public highways, streets, roads or similar public thoroughfares; or outdoors on private property by established rights such as easements.
SPS 316.002(2)(e) (e) Installations for the purpose of street or area lighting owned and under exclusive control of electrical utilities or municipal electric departments where located outdoors on property owned or leased by the utility; on or along public highways, streets, roads or similar public thoroughfares; or outdoors on private property by established rights such as easements, where such installations are in compliance with ch. PSC 114.
SPS 316.002 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (1) (b) and (c), Register, March, 1994, No. 459, eff. 4-1-94; cr. (1) (e), r. and recr. (2) (d), (e), Register, August, 1996, No. 488, eff. 9-1-96; cr. (1) (f), Register, September, 1999, No. 525, eff. 10-1-99; CR 02-072: am. (2) (e) Register April 2003 No. 568, eff. 5-1-03; CR 08-047: renum. from Comm 16.02 Register February 2009 No. 638, eff. 3-1-09.
SPS 316.003 SPS 316.003Application.
SPS 316.003(1) (1)Types of installations. The provisions of this chapter apply to all new installations, reconstructions, alterations and extensions.
SPS 316.003(2) (2)Testing. Rooms which are used exclusively for routine or special electrical test work and are under the supervision of a qualified person, shall comply with this chapter where practicable for the character of the testing done.
SPS 316.003(3) (3)Existing installations. Existing electrical installations shall conform to the electrical code that applied when the installations were installed. An existing electrical installation may be required to be brought into compliance with the current code's requirements by the department and within the time period determined by the department when a hazard to life, health or property exists or is created by the installation.
SPS 316.003(4) (4)Repairs. Repairs to electrical installations shall conform to the electrical code that applied when the installations were installed. A repair may be required to be brought into compliance with the current code's requirements by the department and within the time period determined by the department when a hazard to life, health or property exists or is created by the repair.
SPS 316.003(5) (5)Differing rules.
SPS 316.003(5)(a)(a) Where any department rule in this chapter differs from a requirement within a standard referenced in this chapter, the department rule shall govern.
SPS 316.003(5)(b) (b) Where a provision of this chapter prescribes a general requirement and another provision of this chapter prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in par. (a).
SPS 316.003(5)(c) (c) Where different sections of this chapter specify conflicting requirements, the most restrictive requirement, as determined by the department, shall govern, except as provided in pars. (a) and (b).
SPS 316.003 Note Note: This chapter does not nullify any exclusions specified in the standard adopted under s. SPS 316.014.
SPS 316.003 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; CR 02-072: r. and recr. (3), cr. (4) Register April 2003 No. 568, eff. 5-1-03; CR 08-047: renum. from Comm 16.03 Register February 2009 No. 638, eff. 3-1-09; CR 13-042: am. (title), cr. (5) Register November 2013 No. 695, eff. 12-1-13.
SPS 316.004 SPS 316.004Authority.
SPS 316.004(1) (1)Department authority. Under s. 101.02 (1), Stats., the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards.
SPS 316.004 Note Note: Section 101.02 (1) of the Statutes reads: “The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings."
SPS 316.004(2) (2)Municipal authority. Municipalities may exercise jurisdiction over inspection of electrical construction covered by the scope of this chapter. For public buildings and places of employment, s. SPS 316.920 (2) specifies the conditions required for municipalities to exercise this jurisdiction.
SPS 316.004 Note Note: Section SPS 320.02 (1) (a) prohibits any municipality from adopting an ordinance establishing restrictions on the electrical construction of one- and two-family dwellings covered by the Uniform Dwelling Code.
SPS 316.004 Note Note: Section SPS 361.03 (5) (b) prohibits any municipality from adopting an ordinance establishing restrictions on the electrical construction of multifamily dwellings as defined in s. SPS 362.0202.
SPS 316.004 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (1), Register, August, 1996, No. 488, eff. 9-1-96; am. (2) and r. (3), Register, September, 1999, No. 525, eff. 10-1-99; CR 08-047: renum. from Comm 16.04 Register February 2009 No. 638, eff. 3-1-09; corrections made under s. 13.92 (4) (b) 7., Stats., Register February 2009 No. 638; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 13-042: am. (1) Register November 2013 No. 695, eff. 12-1-13.
SPS 316.005 SPS 316.005Petition for variance. The department shall consider and may grant a variance to a provision of this chapter in accordance with ch. SPS 303. The petition for variance shall include, where applicable, a position statement from the fire department having jurisdiction.
SPS 316.005 Note Note: Chapter SPS 303 requires the submittal of a petition for variance form (SBD-9890) and a fee, and that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned. Chapter SPS 303 also requires the department to process regular petitions within 30 business days and priority petitions within 10 business days.
SPS 316.005 Note Note: The Department forms required in this chapter are available for a nominal fee at telephone 800-DOC-SALE (800-362-7253) or 411 (Telecommunications Relay), or at docsales@doa.state.wi.us. Forms are also available at no charge at the Department's Web site at http://dsps.wi.gov through links to Division of Industry Services forms.
SPS 316.005 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr., Register, September, 1999, No. 525, eff. 10-1-99; CR 08-047: renum. from Comm 16.05 Register February 2009 No. 638, eff. 3-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 316.006 SPS 316.006Penalties. Penalties for violations of this chapter shall be assessed in accordance with s. 101.02 (12) and (13), or s. 101.88 (3), Stats.
SPS 316.006 Note Note: Section 101.02 (13) (a), Stats., indicates penalties will be assessed against any employer, employee, owner or other person who fails or refuses to perform any duty lawfully enjoined, within the time prescribed by the department, for which no penalty has been specifically provided, or who fails, neglects or refuses to comply with any lawful order made by the department, or any judgment or decree made by any court in connection with ss. 101.01 to 101.599, Stats. For each violation, failure or refusal, the employee, owner or other person must forfeit and pay into the state treasury a sum not less than $10 nor more than $100 for each violation.
SPS 316.006 Note Note: Section 101.02 (12), Stats., indicates that every day during which any person, persons, corporation or any officer, agent or employee thereof, fails to observe and comply with an order of the department will constitute a separate and distinct violation of such order.
SPS 316.006 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am., Register, September, 1999, No. 525, eff. 10-1-99; CR 08-047: renum. from Comm 16.06 Register February 2009 No. 638, eff. 3-1-09.
SPS 316.007 SPS 316.007Fees. Fees for petitions for variance, electrical plan review and electrical inspections issued under this chapter shall be submitted as specified in ch. SPS 302.
SPS 316.007 History History: Cr. Register, September, 1999, No. 525, eff. 10-1-99; CR 02-072: am. Register April 2003 No. 568, eff. 5-1-03; CR 08-047: renum. from Comm 16.065 Register February 2009 No. 638, eff. 3-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 316.008 SPS 316.008Appeals.
SPS 316.008(1) (1)Appeal of local order. Any person affected by a local order which may be in conflict with a provision of this chapter may petition the department for a hearing on the grounds that the local order is unreasonable and in conflict with the provision of this chapter. All appeals shall be acted on and a decision in writing shall be issued by the department within 30 business days of receiving an appeal.
SPS 316.008 Note Note: Section 101.01 (l) (f), Stats., defines “local order" as any ordinance, order, rule or determination of any common council, board of aldermen, board of trustees or the village board, of any village or city, or the board of health of any municipality, or an order or direction of any official of such municipality, upon any matter over which the department has jurisdiction.
SPS 316.008(2) (2)Petition of administrative rule. Pursuant to s. 227.12, Stats., any municipality, corporation or any 5 or more persons having an interest in an administrative rule may petition the department requesting the adoption, amendment or repeal of the rule.
SPS 316.008 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; CR 08-047: renum. from Comm 16.07 Register February 2009 No. 638, eff. 3-1-09.
subch. II of ch. SPS 316 Subchapter II — General Requirements
SPS 316.009 SPS 316.009Construction and operation.
SPS 316.009(1) (1)General. All electrical power and communication equipment and lines shall be constructed, installed, operated and maintained so as to minimize hazards to life and property. All electrical installations shall conform to the National Electrical Code ®, incorporated by reference in this chapter, and the requirements specified in this chapter.
SPS 316.009 Note Note: The federal and state Fair Housing Acts, the federal Americans with Disabilities Act and the Wisconsin Commercial Building Code (chs. SPS 361 to 366) contain requirements relating to making buildings accessible to and usable by people with disabilities. Some of those requirements apply to the installation of various electrical devices. For example, in the federal fair housing accessibility guidelines, devices such as light switches, electrical outlets, thermostats and other environmental controls would meet the requirements if operable parts of the controls are located no higher than 48 inches, and no lower than 15 inches, above the floor. If the reach is over an obstruction between 20 and 25 inches in depth, the maximum height is reduced to 44 inches for forward approach; or 46 inches for side approach, provided the obstruction is no more than 24 inches in depth. Complete copies of the federal Fair Housing Accessibility Guidelines or the federal Americans with Disabilities Act Accessibility Guidelines can be obtained from the Superintendent of Documents, New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954.
SPS 316.009(2) (2)Installations over 600 volts. Installations over 600 volts shall, in addition to the requirements of this chapter, comply with ch. PSC 114.
SPS 316.009 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; CR 08-047: renum. from Comm 16.08 Register February 2009 No. 638, eff. 3-1-09.
SPS 316.010 SPS 316.010Inspection and maintenance. All electrical installations and equipment shall be cleaned and inspected at intervals as experience has shown to be necessary. Any equipment or electrical installation known to be defective so as to endanger life or property shall be promptly repaired, permanently disconnected, or isolated until repairs can be made. Construction, repairs, additions, and changes to electrical equipment and conductors shall be made by qualified persons only.
SPS 316.010 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; CR 08-047: renum. from Comm 16.09 Register February 2009 No. 638, eff. 3-1-09.
SPS 316.011 SPS 316.011Electrical inspection of public buildings and places of employment. Inspection of electrical construction relating to public buildings and places of employment shall comply with the requirements of subch. IV.
SPS 316.011 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am., Register, September, 1999, No. 525, eff. 10-1-99; CR 08-047: renum. from Comm 16.10 Register February 2009 No. 638, eff. 3-1-09.
SPS 316.012 SPS 316.012Use of approved materials and construction methods.
SPS 316.012(1) (1)Materials. Materials, equipment and products that do not comply with the requirements of this chapter shall not be used unless approved in writing by the department. Approval of materials, equipment, and products shall be based on sufficient data, tests, and other evidence that prove the material, equipment, or product meets the intent of the requirements of this chapter. Data, tests, and other evidence shall be provided by a qualified independent third party.
SPS 316.012 Note Note: Examples of a qualified independent third party include a nationally recognized testing laboratory and a professional engineer.
SPS 316.012(2) (2)Methods of installation. Methods of installation that do not comply with the regulations of this chapter shall not be used unless approved by the department.
SPS 316.012(3) (3)New products, constructions or materials. The incorporated National Electrical Code® may require new products, constructions, or materials that may not be available at the time this chapter is adopted. In such event, the department may permit the use of the products, constructions or materials which comply with a previous edition of the National Electrical Code ®.
SPS 316.012 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; CR 02-072: r. and recr. (1) Register April 2003 No. 568, eff. 5-1-03; CR 08-047: renum. from Comm 16.11 Register February 2009 No. 638, eff. 3-1-09; CR 13-042: am. (1) to (3) Register November 2013 No. 695, eff. 12-1-13.
SPS 316.013 SPS 316.013Electric fences. The following are department rules in addition to the requirements of the NEC ®:
SPS 316.013(1) (1)Electric fence controllers.
SPS 316.013(1)(a)(a) Electric fence controllers shall be of a type listed by a nationally recognized testing laboratory.
SPS 316.013(1)(b) (b) Electric fence controllers shall be installed and used in the exact manner and for the exact purpose indicated by the manufacturer's instructions, markings, listings or labels.
SPS 316.013(2) (2)Grounding. Electric fence controllers shall be grounded as specified in NEC 250, except that where stray voltages in dairy barns or milking parlors create physical problems to the animals, the use of a single made electrode shall be permitted.
SPS 316.013 Note Note: Under s. 101.18, Stats., the Department is responsible for establishing “reasonable standards, rules or regulations for the erection, construction, repair and maintenance of electric fences as shall render them safe."
SPS 316.013 History History: CR 08-047: cr. Register February 2009 No. 638, eff. 3-1-09.
SPS 316.014 SPS 316.014Adoption of standards by reference.
SPS 316.014(1)(1)Primary standards. The following standard is hereby incorporated by reference into this chapter, subject to the modifications specified in this chapter:
SPS 316.014(1)(a) (a) National Fire Protection Association® (NFPA), One Batterymarch Park, Quincy, MA 02169-7471, telephone 800-344-3555, www.nfpa.org: NFPA 70 National Electrical Code®, (NEC®) - 2011.
SPS 316.014 Note Note: Copies of the standard are on file in the offices of the Department and the Legislative Reference Bureau. A copy of the code may be purchased from the organization listed or may be reviewed on the organization's website at not cost if the person is a registered user for the site.
SPS 316.014(1)(b) (b) If a requirement in the standard adopted in par. (a) contains a cross-reference to another requirement modified by this chapter, the modification shall apply to the cross-reference unless specified otherwise in this chapter.
SPS 316.014(2) (2)Secondary references. Any codes or standards referenced in the standard adopted in sub. (1) (a) shall apply to the prescribed extent of each such reference, except as modified by this chapter.
SPS 316.014(3) (3)Alternate standards. Any alternate standard that is equivalent to or more stringent than a standard incorporated by reference or otherwise referenced under this chapter may be used in lieu of the incorporated or referenced standard if the alternate standard is accepted in writing by the department.
SPS 316.014 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (1), Register, March, 1994, No. 459, eff. 4-1-94; am. (1), Register, August, 1996, No. 488, eff. 9-1-96; r. and recr., Register, September, 1999, No. 525, eff. 10-1-99; CR 02-072: r. (1), renum. (2) to be Comm 16.12 and am. Register April 2003 No. 568, eff. 5-1-03; CR 05-010: am. Register August 2005 No. 596, eff. 9-1-05; CR 08-047: renum. from Comm 16.12 and am. Register February 2009 No. 638, eff. 3-1-09; CR 13-042: r. and recr. Register November 2013 No. 695, eff. 12-1-13.
subch. III of ch. SPS 316 Subchapter III — Changes, Additions or Omissions to the NEC®
SPS 316.015 SPS 316.015Changes, additions or omissions to NEC®. Changes, additions or omissions to the National Electrical Code® (NEC®) are specified in this subchapter and are rules of the department and not requirements of the NEC®.
SPS 316.015 Note Note: The referenced NEC® article or section number will correspond with the SPS designation number and title and will precede the text of the rule. Example: SPS 316.100 [NEC 100].
SPS 316.015 History History: CR 08-047: cr. Register February 2009 No. 638, eff. 3-1-09.
SPS 316.090 SPS 316.090Introduction. The requirements specified in NEC 90.1, NEC 90.2 and NEC 90.4 are not included as part of this chapter.
SPS 316.090 History History: CR 08-047: cr. Register February 2009 No. 638, eff. 3-1-09; CR 13-042: am. (title) Register November 2013 No. 695, eff. 12-1-13.
SPS 316.100 SPS 316.100Definitions.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.