Statement of Scope
Department of Safety & Professional Services
Rule No.: | SPS 316, SPS 305, SPS 302 |
Relating to: | Electrical Code |
1. Finding/nature of emergency (Emergency Rule only):
N/A
2. Detailed description of the objective of the proposed rule:
The objective of this rulemaking project is to update Wisconsin’s Electrical Code to the 2014 edition of the National Electric Code (NEC) while evaluating the electrical requirements in SPS 316 that add or modify requirements to the NEC.
This rule-making project will also develop a statewide electrical inspection program pursuant to 2007 Wisconsin Act 63. The project may address administrative issues flowing from the statutory mandate that inspection of electrical construction must occur in municipalities that have not adopted and enforced ordinances for the inspection of electrical construction. Furthermore, the project will bring the Department’s rules into conformity with the new statutory registration and licensing requirements codified by 2013 Act 143. Code chapters incidentally affected by this project may be revised to assure clarity and consistency of the rules. The rules will also be reviewed in relation to Governor Walker's Executive Order No. 61 which directs the Department to analyze its rules to increase efficiency and decrease costs to small businesses.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
Currently, the Department’s electrical rules can be found in SPS 316. Subchapter III outlines Wisconsin’s partial adoption of prior versions of the NEC and SPS 316.014(1)(a) incorporates the 2011 NEC by reference. The Wisconsin Electric Code has incorporated the NEC by reference since 1972.
The 2014 NEC substantially revised prior versions to enhance clarity and usability. It was also changed to accommodate the electrical needs of emerging alternative energy systems. To keep current, an evaluation of the new NEC changes is required. Outdated codes can lead to confusion in the industry and delay adoption of new technologies that benefit consumers.
The Department has provided limited electrical inspection along with consultation on the electrical code. The topic of increased electrical inspection will be considered and discussed along with the creation of administrative rules in keeping with the statutory mandate of 2007 Act 63. Without these changes, the code would fall out of step with the statutory requirements leading to confusion and noncompliance. As part of this review, Wisconsin’s electrical code will be examined for opportunities to increase efficiency and decrease costs to small businesses pursuant to Executive Order No. 61.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Wis. Stat. § 227.11 (2) (a) empowers the Department of Safety and Professional Services to promulgate rules interpreting the provision of any statute the Department enforces or administers. Wis. Stat. § 101.02 (1) also states, "[t]he 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." The Department is given specific powers regarding the electrical code, inspections, and fee setting as follows.
Wis. Stat. § 101.82. Departmental duties. The department shall: (1) Promulgate by rule a state electrical wiring code that establishes standards for installing, repairing, and maintaining electrical wiring. Where feasible, the rules shall reflect nationally recognized standards.
(1m) Promulgate rules that establish criteria for the enrollment of registered electricians and for the registration of electrical apprentices.
(1r) Promulgate rules that establish requirements for the supervision of registered electricians. Registered electricians must be supervised by licensed journeyman or master electricians.
(1v) Promulgate rules that establish criteria and procedures for the licensing of electrical contractors.
(2) Promulgate rules that establish criteria and procedures for the certification of electrical inspectors for the purpose of inspecting electrical wiring.
(2m) Promulgate rules that establish standards and a process for the inspection of electrical wiring, including the inspection of electrical wiring for which a municipality does not provide inspection under s. 101.86 (1). (3r) Promulgate rules that establish criteria and a process for the suspension or revocation of registrations issued to registered electricians, licenses issued to electricians and electrical contractors, and certifications issued to electrical inspectors.
(4) Establish by rule a schedule of fees sufficient to defray the costs incurred under this subchapter.
Wis. Stat. § 101.84. Departmental powers. The department may: (1) Hold hearings on any matter relating to this subchapter and issue subpoenas to compel the attendance of witnesses and the production of evidence at the hearings.
(3) Promulgate rules to differentiate the scope of installation, repair, or maintenance of electrical wiring that may be performed by electrical contractors registered electricians, journeyman electricians, master electricians, and any additional types of electricians recognized under sub. (5).
(5) The department may promulgate rules that recognize and regulate different types and subtypes of electricians that are in addition to those specified in s. 101.82 (1g) and that establish criteria and procedures for enrolling, registering, or licensing these electricians. Wis. Stat. § 101.63. Departmental duties. The department shall: (1) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s. 254.61 (1), except that the rules apply to all of the following: (a) The 3rd floor level of a bed and breakfast establishment that uses that level other than as storage. Wis. Stat. § 101.73. Departmental duties. The department shall: (1) Adopt rules which establish standards for the use of building materials, methods and equipment in the manufacture and installation of modular homes for use as dwellings or dwelling units. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems. Such rules shall take into account the conservation of energy in construction and maintenance of dwellings and the costs to home buyers of specific code provisions in relation to the benefits derived therefrom.
(2) Adopt rules for the examination of plans and specifications and for periodic in-plant and on-site inspections of manufacturing facilities, processes, fabrication, assembly and installation of modular homes to ensure that examinations and inspections are made in compliance with the rules adopted for construction, electrical wiring, heating, ventilating, air conditioning and other systems under ss. 101.70 to 101.77 and with the rules for indoor plumbing adopted by the department under ch. 145. (3) Provide for examination of plans and specifications and in-plant inspections when contracted for by the manufacturer under s. 101.75 (1) and shall contract to provide on-site inspection services for the installation of modular homes for dwellings, at municipal expense, for any municipality which requires such service under s. 101.76 or 101.761. (5) Adopt rules for the certification, including provisions for suspension and revocation thereof, of on-site inspectors of the installation of modular homes for dwellings. Persons certified as on-site inspectors may be employees of the department, a city, village, town or county or an independent agency.
(6) Adopt rules for the certification, including provisions for suspension and revocation thereof, of independent inspection agencies to conduct in-plant inspections of manufacturing facilities, processes, fabrication and assembly of modular homes for dwellings and to certify compliance with this subchapter.
Wis. Stat. § 101.19. Fees and records. (1g) The department, by rule promulgated under ch. 227, shall fix and collect fees which shall, as closely as possible, equal the cost of providing the following services: (a) The examination of plans for public buildings, public structures, places of employment and the components thereof.
(d) Each inspection of a facility conducted to ensure that the construction is in accordance with the plans approved by the department.
5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The staff time needed to revise the rules is expected to be 1,000 hours. This time includes research, consulting, drafting rule revisions, consulting with stakeholders, processing the rule revisions through public hearings, legislative review, and adoption. There are no other resources necessary to revise the rules.
6. List with description all entities that may be affected by the proposed rule:
