The proposed rules consist of an update of chapter Comm 16, including the incorporation by reference of the 2005 edition of the NEC. The proposed rules do not contain any revisions to the current rules for the electrical inspection of farms, public buildings and places of employment. The majority of the proposed changes are administrative in nature and involve numbering and code location.
Detailed Summary
The following is a summary of the major changes in the proposed rules. [The numbers in brackets indicate where the rule change can be found in the rule draft.]
1. Deleting several Wisconsin amendments to the NEC as a result of changes in the 2005 edition of the NEC. For example, because of changes in NEC 210.52 (E) of the 2005 NEC relating to the location of dwelling unit outdoor outlets, section
Comm 16.22 is being deleted.
2. Deleting the NEC requirement for concealing nonmetallic sheathed cables in non-dwellings of Type III, IV or V construction within walls, floors or ceilings that provide a 15-minute finish rating. [Comm 16.327]
3. Adding 2 new rules to clarify the placement of a generator used as an emergency or legally required power source relative to the utility transformer. [Comm 16.45 (2) and 16.48]
Federal Comparison
There are several existing federal regulations that relate to the installation of electrical wiring and equipment. Some of these regulations require compliance with various editions of the National Electrical Code (NEC). An Internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to the activities to be regulated by the rule.
Title
7 CFR Part 1755 – Telecommunications Standards and Specifications for Materials, Equipment and Construction. This regulation in the Department of Agriculture applies to telecommunication wiring and equipment, and requires compliance with the 1993 NEC.
Title
24 CFR Part 3280 – Manufactured Home Construction and Safety Standards. This regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 1993 NEC.
Title
29 CFR Part 1910 – Occupational Safety and Health Standards. Subpart S of this regulation in the Department of Labor contains detailed electrical safety requirements that are necessary for the practical safeguarding of employees in their workplaces.
Title
29 CFR Part 1926 – Safety and Health Regulations for Construction. Subpart K of this regulation in the Department of Labor contains detailed electrical safety requirements that are necessary for the practical safeguarding of employees involved in construction work.
Title
30 CFR Part 57 – Safety and Health Standards –- Underground Metal and Nonmetal Mines. Subpart K of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines.
Title
30 CFR Part 75 – Mandatory Safety and Health Standards –- Underground Coal Mines. Subpart F of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground coal mines.
An Internet-based search of the 2003, 2004 and 2005 issues of the Federal Register found the following proposed regulations relating to the installation of electrical wiring and equipment.
April 5, 2004
Register, 29 CFR Part 1910. The Occupational Safety and Health Administration in the Department of Labor proposed to revise the general industry electrical installation standard found in Subpart S of
29 CFR Part 1910. The requirements in the revised standard draw heavily from the 2002 edition of the NEC.
June 25, 2004
Register, 30 CFR Part 75. The Mine Safety and Health Administration in the Department of Labor proposed to allow the use of low- and medium-voltage diesel-powered electrical generators as an alternative means of powering electrical equipment.
July 16, 2004
Register, 30 CFR Part 75. The Mine Safety and Health Administration in the Department of Labor proposed to establish new electrical safety standards for the installation, use and maintenance of high-voltage continuous mining machines used in underground coal mines.
December 1, 2004
Register, 24 CFR Part 3280. The Department of Housing and Urban Development proposed amendments to the Construction and Safety Standards for manufactured homes by adopting recommendations made to HUD by the Manufactured Housing Consensus Committee. The electrical systems amendments are consistent with the 1996 NEC.
State Comparison
An Internet-based search of adjacent states' rules found the following regulations that include requirements relating to electrical construction.
•
Illinois does not administer a state electrical code.
•
The Iowa Department of Public Safety administers the Iowa Building Code, which adopts the 1996 edition of the National Electrical Code with no amendments.
•
The Michigan Department of Labor and Economic Growth administers the Michigan Construction Code, which adopts the 2002 edition of the National Electrical Code with amendments.
•
The Minnesota Department of Administration, Building Codes and Standards Division, administers the Minnesota State Building Code, which adopts the 2002 edition of the National Electrical Code with no amendments.
Advisory Council
The proposed rules have been developed with the assistance of the Electrical Code Advisory Council. The members of that citizen advisory council are as follows:
Name Representing
Shannon Clark WI Electric Cooperative Assn.
Mark Cook WI Public Service Commission
Terry Fameree International Assn. of Electrical
Inspectors
Robert A. Fass Wisconsin Utilities Association
David Hansen Dept. of Agriculture, Trade &
Consumer Protection
Ronald L. Jahnke NECA, Wisconsin Chapter
Ronald Janikowski International Assn. of Electrical
Inspectors
Norbert Jarzynski Wisconsin State AFL-CIO
Charles L. Johansen Wisconsin Builders Association
Richard Lynes Assoc. Builders & Contractors of WI
Ronald E. Maassen NECA, Milwaukee Chapter
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Any business involved with the installation of electrical wiring, communication systems or electrical equipment will be affected by the rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no reporting, bookkeeping or other procedures required for compliance with the rules.
3. Types of professional skills necessary for compliance with the rules.
There are no professional skills necessary for compliance with the rules.
4. Rules have a significant economic impact on small businesses.
No.
Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing chapter Comm 16. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing chapter Comm 16. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.
Local municipalities may voluntarily enforce chapter Comm 16, and they have the authority to offset any costs by charging appropriate fees.
The proposed rules will not have a significant fiscal effect on the private sector.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
cdunn@commerce.state.wi.us.
Notice of Hearing
Office of State Employment Relations
NOTICE IS HEREBY GIVEN that pursuant to ss.
230.04 (5), Stats., and interpreting s.
230.04 (1), Stats., the Office of State Employment Relations will hold a Public Hearing at the time and place shown below to consider the creation of permanent rules relating to references to the Compensation Plan, day care providers, the Entry Professional Program, paid leave to vote, continuous service, reinstatement, sick leave credit restoration, annual leave schedules, annual leave options, personal holidays, catastrophic leave, paid leave for bone marrow or organ donation, project compensation, hiring above the minimum and supervisor training.
Date: March 2, 2005
Time: 10:30 A.M. to 11:30 A.M.
Location: Room 4B, 4th Floor
Office of State Employment Relations
101 East Wilson Street
Madison, WI 53703
The hearing will be held jointly with a hearing by the Division of Merit Recruitment and Selection in the Office of State Employment Relations, which has separate rule-making authority and is simultaneously promulgating rules. Please see the separate hearing notice for an analysis of the proposed rule order of the Division of Merit Recruitment and Selection.
The hearing site is accessible to persons with disabilities. If you need an interpreter, materials in alternate format or other accommodations for this meeting, please inform the contact person listed at the end of this notice before the hearing.
Written comments on the rules may be sent to the contact person by 12:00 P.M. noon on March 4, 2005. Written comments will receive the same consideration as written or oral testimony presented at the hearing.
A copy of the rule is available from the contact person listed at the end of this notice, or by going to “Announcements" at
http://oser.state.wi.us.
Analysis Prepared by Office of State Employment Relations
Statutory and Agency Authority
Section
230.04, Stats., charges the Director of the Office of State Employment Relations with effective administration of ch.
230, Stats., and the promulgation of rules related to the performance of the Director's duties.
Section
230.046 (2), Stats., requires appointing authorities to ensure that each classified service supervisor completes a supervisory development program.
Section
230.35 (2r) (b), Stats., allows the Director of the Office of State Employment Relations to establish, by rule, a catastrophic leave program.
Statutes Interpreted:
s.
6.76, relating to paid leave to vote
s.
230.35 (1m), relating to annual leave and continuous service
s.
230.35 (2d), relating to bone marrow and organ donation
s.
230.35 (2r), relating to a catastrophic leave program
There are no related statutes or rules other than those listed above.
Plain Language Analysis of the Rules
The Compensation Plan is referred to in the rules without definition. Therefore, s.
ER 1.02 (5m) should be created to provide that definition.
Compensation administration provisions for nonrepresented employees are now provided in the Compensation Plan. Therefore, the related reference in s.
ER 3.03 (4) should include the Compensation Plan.
