Section 101.73, Stats., requires the department to: • 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.
• 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, Stats., and with the rules for indoor plumbing adopted by the department under ch. 145, Stats. • Provide for examination of plans and specifications and in-plant inspections when contracted for by the manufacturer under s. 101.75 (1), Stats., and 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, Stats. • 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.
• 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 subch. I of ch. 101, Stats. Section 101.82, Stats., requires the department to: • 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.
• Regulate master electricians, including residential master electricians, journeyman electricians, including residential journeyman electricians and industrial journeyman electricians, electrical apprentices, including residential electrical apprentices and industrial electrical apprentices, and registered electricians.
• Promulgate rules that establish criteria for the enrollment of registered electricians and for the registration of electrical apprentices.
• Promulgate rules that establish procedures for the enrollment of registered electricians, the registration of electrical apprentices, and the licensing of journeyman electricians and master electricians.
• Promulgate rules that establish requirements for the supervision of registered electricians. • Registered electricians must be supervised by licensed journeyman or master electricians.
• Promulgate rules that establish criteria and procedures for the licensing of electrical contractors.
• Promulgate rules that establish criteria and procedures for the certification of electrical inspectors for the purpose of inspecting electrical wiring.
• 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), Stats. • 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.
• Establish by rule a schedule of fees sufficient to defray the costs incurred under subch. IV of ch. 101, Stats. Section 101.84, Stats., provides the department may: • 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.
• 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 by the department.
• 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), Stats., and that establish criteria and procedures for enrolling, registering, or licensing these electricians. Related statutes or rules:
• Chapters SPS 361 to 366, Wisconsin Commercial Building Code • Chapter PSC 114, Wisconsin State Electrical Code (Volume I) Plain language analysis:
The proposed rules update Wisconsin’s electrical code to the 2017 edition of the National Electrical Code (NEC) with certain specified changes, additions, and omissions to the requirements of the NEC.
Out of over 2,300 changes in the 2014 and 2017 editions of the NEC reviewed by department staff and the Electrical Code Advisory Committee, department staff conducted a second review of less than 200 changes it considered to be the most significant. As a result of its additional review, the department determined 15, or less than 1%, of the changes from the 2014 and 2017 editions of the NEC would not be incorporated into Wisconsin’s electrical code.
The proposed rules also develop a statewide electrical inspection program, as required by the provisions of 2007 Wisconsin Act 63. Summary of, and comparison with, existing or proposed federal statutes and regulations:
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. A search of the Code of Federal Regulations (CFR) found the following regulations:
• Title 29 CFR, Part 1910.302 through 1910.308 – Design Safety Standards for Electrical Systems, and 1910.331 through 1910.335 – Electrical Safety-Related Work Practices Standards. Subpart S of this regulation contains design safety standards for electrical systems, safety-related work practices and maintenance requirements and safety requirements for special electrical equipment to safeguard employees in their workplaces. Subpart R contains industrial lighting requirements and safe practices relating to lockouts and emergency lighting requirements for the safety of employees working in special industries. These regulations are part of the Occupational Safety and Health Standards. • Title 29 CFR, Part 1926 – Safety and Health Regulations for Construction. Subpart K of this regulation contains installation safety requirements, safety requirements and environmental considerations for special equipment necessary to safeguard employees working in special industries. • Title 30 CFR, Part 75 – Mandatory Safety Standards – Underground Coal Mines. Subpart F contains specific electrical safety requirements for the protection of employees working in underground coal mines. • Title 30 CFR, Part 57 – Safety and Health Standards – Underground Metal and Nonmetal Mines. Subpart K of this regulation contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines. • Title 24 CFR, Part 3280 – Manufactured Home Construction and Safety Standards. Subpart I of this regulation covers electrical systems in manufactured homes, and requires compliance with the 2005 NEC. • Title 7 CFR, Part 1755 – Telecommunication Standards and Specifications for Materials, Equipment, and Construction. This regulation applies to telecommunications wiring and equipment and requires compliance with the NEC. Comparison with rules in adjacent states:
An Internet-based search found that all adjacent states except Illinois adopt or incorporate by reference the National Electrical Code (NEC).
Illinois: Illinois does not administer a statewide electrical code.
Iowa: The Iowa Department of Public Safety administers a statewide electrical code that adopts the 2014 edition of the NEC with modifications (661 IAC 504.1).
Michigan: The Michigan Department of Licensing and Regulatory Affairs administers a statewide electrical code that incorporates by reference the 2014 edition of the NEC with modifications (Mich Admin Code, R 408.30801).
Minnesota: The Minnesota Department of Labor and Industry administers a statewide electrical code that incorporates by reference the 2014 edition of the NEC (Minnesota Rules, Part 1315.0200).
Summary of factual data and analytical methodologies:
The primary methodology for updating the Wisconsin Electrical Code, ch. SPS 316, was a review and assessment of the latest editions of the national technical standards that serve as the basis for Wisconsin code. Staff compared the changes in the 2014 and 2017 editions of the NEC to the 2011 edition currently adopted under SPS 316 and solicited code change proposals. The department’s review and assessment process also involved the participation of the Electrical Code Advisory Committee. The members of the Committee represent the many stakeholders involved in the electrical industry including utility representatives, inspectors, and building contractors.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rules were posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. Comments were received from one individual suggesting that some of the changes from the 2014 and 2017 NEC that are not being incorporated into Wisconsin’s electrical code would minimally increase the economic impact of the proposed rules. These comments did not affect the department’s analysis of the economic impact of the proposed rules.
With assistance of the members of Electrical Code Advisory Committee, the department carefully reviewed the changes in compliance proposed in the 2014 and 2017 National Electrical Code updates that were anticipated to increase costs and proposed 15 modifications to keep cost increases of the new code changes to a minimum.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
Effect on small business:
These proposed rules effect small businesses, as defined in s. 227.114 (1), Stats. See the attached Fiscal Estimate and Economic Impact Analysis document for additional information. The Department’s Regulatory Review Coordinator may be contacted by email at Jeffrey.Weigand@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-4472; email at Dale2.Kleven@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8935, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received before 11:00 a.m. on February 2, 2017, to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
SECTION 1. SPS 305.01 (4) (j) is created to read:
SPS 305.01 (4) (j) Inspection agency.
SECTION 2. SPS Table 305.02, line 37s., is created to read:
Table 305.02
(Partial Table)
FEES |
| License, Certification or Registration Category | Type | Application Fee | Examination Fee | License, Certification or Registration Fee |
37s. | Inspection Agency | Registration | $15 | NA | $40 |
SECTION 3. SPS Table 305.06, line 32s., is created to read:
| License, Certification or Registration Category | Term | Expiration Date |
32s. | Inspection Agency | 4 years | Date of Issuance |
SECTION 4. SPS 305.41 (Note 3) is amended to read:
