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.
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)(b) (b) “Floors" means stories as specified in chs. SPS 361 to 366.
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(1)(d) (d) “Private sewage system" has the meaning specified under s. 145.01 (12), Stats.
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(2)(b) (b) “Special permission" means a petition for variance in accordance with s. SPS 316.005.
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 316.110Requirements for electrical installation. 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; CR 13-042: am. Register November 2013 No. 695, eff. 12-1-13.
SPS 316.210 SPS 316.210Branch circuits.
SPS 316.210(1) (1)Identification for branch circuits. This is a department informational note to be used under NEC 210.5 (C):
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. 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(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) (4)Branch circuit extensions or modifications — dwelling units. The requirements in NEC 210.12 (B) are not included as part of this chapter.
SPS 316.210(5) (5)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(6) (6)Countertop receptacles. The requirements in NEC 210.52 (A) (4) are not included as part of this chapter.
SPS 316.210 History History: CR 08-047: cr. Register February 2009 No. 638, eff. 3-1-09; CR 13-042: r. (2) (a), (c), renum. (2) (b) to (2), r. and recr. (4), renum. (6) to (5), cr. (6) Register November 2013 No. 695, eff. 12-1-13.
SPS 316.220 SPS 316.220Branch-circuit, feeder and service calculations.
SPS 316.220(1)(1)General. This is a department exception to the requirements in NEC 220.10: Circuit load calculations may use unit load values lower than those identified in NEC Table 220.12 for lighting loads calculated using the maximum electrical energy conservation values specified under ch. SPS 363 for public buildings and places of employment.
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; CR 13-042: r. and recr. (1) Register November 2013 No. 695, eff. 12-1-13.
SPS 316.225 SPS 316.225Outside branch circuits and feeders.
SPS 316.225(1)(1)Clearances from buildings for conductors not over 600 volts. Substitute the following wording for NEC 225.19 (A) Exception No. 4: The requirement for maintaining the vertical clearance 3 feet from the edge of the roof does not apply to the final conductor span to the building.
SPS 316.225(2) (2)Number of supplies. The following are department rules in addition to the requirements in NEC 225.30:
SPS 316.225(2)(a) (a) For the purpose of this section, multiple feeders that are supplied from the same distribution point, having a total rating of 300 amperes or more, and that supply not more than 6 disconnecting means grouped at the same location shall be considered as one supply.
SPS 316.225(2)(b) (b) Multi-occupancy buildings or structures may have one set of branch circuit conductors installed from a dwelling unit to the second building or structure's respective occupied space.
SPS 316.225(3) (3)Location. This is a department rule in addition to the requirements of NEC 225.32: The building disconnect required by NEC 225.31 shall be located in accordance with s. SPS 316.230 (3).
SPS 316.225 Note Note: See ch. PSC 114 regarding clearances of conductors of over 600 volts and for prohibition of constructing dwellings under or near overhead lines.
SPS 316.225(4) (4)Clearances over roadways, walkways, rail, water and open land. Substitute the following wording for the note to NEC 225.60 (C):
Note: For clearances of conductors of over 600 volts, see ch. PSC 114.
SPS 316.225(6) (6)Clearances over buildings and other structures. Substitute the following wording for the note to NEC 225.61 (B):
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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.