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: Subsection (2) provides municipalities with the authority to enforce this chapter and the National Electrical Code. See sub. (1) for the authority for interpreting the rules of this chapter and the National Electrical 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.
SPS 316.005
SPS 316.005
Petition 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: Form SBD-9890 is available at no charge from the department at the Safety and Buildings Division, P.O. Box 2509, Madison WI 53701, telephone 608/266-1818 or 608/264-8777 (TTY), or at the Safety and Buildings web site:
http://dsps.wi.gov.
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 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 316.007
Fees. 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 316.008(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.
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 316.010
Inspection 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 316.011
Electrical 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 316.012
Use of approved materials and construction methods. SPS 316.012(1)(1)
Materials. Materials, equipment and products which 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 which 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 which 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.
SPS 316.013
SPS 316.013
Electric fences. The following are department rules in addition to the requirements of the NEC:
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 History
History: CR 08-047: cr.
Register February 2009 No. 638, eff. 3-1-09.
SPS 316.014
SPS 316.014
Adoption of standards by reference. The National Electrical Code, NEC-2008, subject to the changes, additions or omissions specified in subch.
III, is hereby incorporated by reference into this chapter.
SPS 316.014 Note
Note: Copies of the National Electrical Code are on file in the offices of the department and the legislative reference bureau.
SPS 316.014 Note
Note: Copies of the National Electrical Code can be obtained from the National Fire Protection Association, Fulfillment Center, 11 Tracy Drive, Avon, MA 02322-9908, telephone 1-800-344-3555.
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.
SPS 316.015
SPS 316.015
Changes, 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 316.090
Purpose, scope and enforcement. 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.
SPS 316.100(1)(1)
Additions. The following are department definitions in addition to the definitions in NEC 100:
SPS 316.100(1)(a)
(a) "Department" means the department of safety and professional services.
SPS 316.100(1)(c)
(c) "Nonrated construction" means Types III, IV and V construction in accordance with
chs. SPS 361 to
366 and is considered to be nonfire-rated for the purposes of this chapter.
SPS 316.100 Note
Note: Under s.
145.01 (12), Stats., "private sewage system" means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the department including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. A private sewage system may be owned by the property owner or a special purpose district.
SPS 316.100(2)
(2) Substitutions. The following department definitions are substitutions for the respective definitions in NEC 100:
SPS 316.100(2)(a)
(a) "Building" means a structure that stands alone or is separated from adjoining structures by fire walls having not less than a 3-hour fire-resistance rating with all openings in the wall protected with 3-hour rated fire door assemblies.
SPS 316.100 Note
Note: See chs.
SPS 361 to
366 for fire-resistance standards.
SPS 316.100 History
History: CR 08-047: cr.
Register February 2009 No. 638, eff. 3-1-09; correction in (1) (a), (b), (c), (2) (b) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register December 2011 No. 672.
SPS 316.110
SPS 316.110
Requirements for electrical installation. SPS 316.110(1)(1)
Installation and use. Substitute the following wording for the requirements in NEC 110.3 (B): Listed or labeled equipment shall be installed or used, or both, in accordance with any instructions included in the listing or labeling, provided the instructions, listing or labeling do not conflict with this chapter.
SPS 316.110 History
History: CR 08-047: cr.
Register February 2009 No. 638, eff. 3-1-09.
SPS 316.210(1)(1)
Identification for branch circuits. This is a department informational note to be used under NEC 210.5 (C):
SPS 316.210 Note
Note: For 277/480 volt systems, the recommended wire colors are brown, orange and yellow. For 120/208 volt systems, the recommended wire colors are black, red and blue.
SPS 316.210(2)
(2) Ground-fault circuit-interrupter protection for personnel. SPS 316.210(2)(a)(a)
Dwelling units. Substitute the following wording for NEC 210.8 (A) (7): Laundry, utility, bedroom and wet bar sinks, where the receptacles are installed within 6 feet of the outside edge of the sink.
SPS 316.210(2)(b)
(b) Exception. This is a department exception to the requirements in NEC 210.8 (A).
Exception: Ground-fault circuit-interrupter protection shall not be required for a single receptacle providing power for sump or sewage pumps where an accessible ground-fault circuit-interrupter protected receptacle is located within 900 mm (3 ft) of the non-GFCI protected receptacle.
SPS 316.210(2)(c)
(c) Other than dwelling units. This is a department rule in addition to the requirements of NEC 210.8: All 125-volt single phase 15- and 20-ampere receptacles installed in the repair areas and storage areas in commercial garages where electrical diagnostic equipment, electric hand tools or portable lighting equipment may be used shall have ground fault circuit-interrupter protection for personnel.
SPS 316.210(3)
(3) Branch circuits required. This is a department rule in addition to the requirements of NEC 210.11: Where an air conditioner sleeve is provided in a building wall, a receptacle outlet shall be located within 4 feet of the sleeve. If a circuit is not run to the outlet, a raceway shall be provided. When the air conditioner is installed in the sleeve, it shall be supplied by an individual branch circuit. A receptacle outlet installed for an air conditioner may not be counted as one of the receptacles required by NEC 210.52 (A).
SPS 316.210(4)(a)(a)
Exception. This is a department exception to the requirements in NEC 210.12.
Exception: The requirements regarding arc-fault circuit-interrupter protection shall take effect on January 1, 2010.
SPS 316.210(4)(b)
(b) Dwelling units. Substitute the following wording for NEC 210.12 (B) Exception No. 1: Where RMC, IMC, EMT or steel armored cable, Type AC or Type MC, meeting the requirements of 250.118 using metal outlet and junction boxes is installed for the portion of the branch circuit between the branch-circuit overcurrent device and the first outlet, a combination AFCI at the first outlet may be installed to provide protection for the remaining portion of the branch circuit.
SPS 316.210(5)
(5) Common area branch circuits. This is a department rule in addition to the requirements of NEC 210.25: For service upgrades for existing 2-family dwellings only, separation of common area branch circuits is not required.
SPS 316.210(6)
(6) Lighting outlets required. Substitute the following wording for NEC 210.70 (A) (1): At least one wall switch-controlled lighting outlet shall be installed in every habitable room, kitchen and bathroom.
SPS 316.210 History
History: CR 08-047: cr.
Register February 2009 No. 638, eff. 3-1-09.
SPS 316.220
SPS 316.220
Branch-circuit, feeder and service calculations. SPS 316.220(1)(1)
General. Substitute the following wording for NEC 220.10: Branch-circuit loads shall be calculated as shown in NEC 220.12, 220.14 and 220.16, or under the supervision of a Wisconsin professional engineer, architect or designer of electrical systems, circuit load calculations may use a lower unit load than identified in NEC Table 220.12 when energy codes restrict lighting loads to an amount lower than the table values.
SPS 316.220(2)
(2) Exception. This is a department exception to the requirements in NEC 220.40:
Exception: Under the supervision of a Wisconsin professional engineer, architect or designer of electrical systems, the feeder or service size may be computed using diversity factors or historical data of a similar type of building, other than one- and 2-family dwelling units.
SPS 316.220 History
History: CR 08-047: cr.
Register February 2009 No. 638, eff. 3-1-09.
SPS 316.225
SPS 316.225
Outside branch circuits and feeders. SPS 316.225(1)(1)
Clearance for overhead conductors and cables. This is a department rule in addition to the requirements of NEC 225.18: Conductors of not over 600 volts nominal shall have a clearance of at least 24.5 feet over track rails of railroads.
