Rule-Making Notices
Notice of Hearing
Commerce
Licenses, Certifications and Registrations, Ch.
Comm 5
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.82,
101.84 (3),
101.862, and
101.87, Stats., as affected by
2007 Wisconsin Act 63, the Department of Commerce will hold a public hearing on proposed rules under Chapter
Comm 5, relating to licensing of electricians and affecting small business.
Hearing Information
Date and Time:
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Location:
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April 29, 2009
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Conference Room 3B
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10:00 a.m.
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Thompson Commerce Center
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201 West Washington Avenue
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Madison
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This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Appearances at Hearing and Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on the proposed rules will remain open until May 15, 2009, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at jim.quast@ wisconsin.gov.
Copies of Proposed Rules
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
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
None.
Explanation of agency authority
Currently, municipalities determine on an individual basis whether the persons undertaking electrical construction wiring need to be certified. The department certifies electricians on a voluntary basis to facilitate fulfillment of municipal certification requirements. The enactment of
2007 Wisconsin Act 63 will require persons performing electrical construction wiring any where in state on and after April 1, 2013 to be licensed by the department. Local municipal licensing requirements and programs for electricians will also end on April 1, 2013.
Summary of proposed rules
The proposed rules establish administrative procedures for licensing of electrical contractors and electricians as mandated by
2007 Wisconsin Act 63.
Comparison with federal regulations
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding the licensing of electrical contractors and electricians.
Comparison with rules in adjacent states
Illinois:
Illinois does not license or certify electricians or electrical contractors at the state level. Electrical licensing and certification is at the discretion of the local municipality.
Iowa:
As of January 1, 2008 Iowa requires electrical contractors and electricians to be state licensed. License types for electricians includes master, journeyman, apprentice, unclassified and special. A special electrician licenses carries one or more of the following endorsements: irrigation system wiring, disconnecting and reconnecting existing air conditioning and refrigeration systems, sign installation, and residential.
Michigan:
Michigan law requires the licensing of electrical contractors and electricians to install any electric wiring, devices, appliances, or appurtenances for the generation, distribution and utilization of electrical energy within or on any building, structure or property. Michigan also provides a number of licensing exemptions similar to that addressed under s.
101.862 (4), Stats.
Minnesota:
Minnesota law dictates that electrical work be performed by state licensed electrical contractors and electricians or under the direct supervision of licensed electricians. The contractor's license is a business type credential and not a personal license allowing the individual to perform electrical work or supervision. The state's licensure process includes an examination.
Summary of factual data and analytical methodologies
The proposed rules were developed by reviewing the provisions under
2007 Wisconsin Act 63, in conjunction with the current electrical certification rules under ch.
Comm 5. The rules were developed with input from the Comm 16 Electric Code Advisory Council.
Small Business Impact
The proposed rules implement the mandates imposed by
2007 Wisconsin Act 63. The department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act.
An economic impact report has not been required pursuant to s.
227.137, Stats.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
The proposed rules establish administrative procedures for mandatory licensing of electrical contractors and electricians as directed by
2007 Wisconsin Act 63. Currently, the department provides an electrician certification program that complements local licensing/certification requirements. The Act and the rules affect those businesses and individuals currently not certified by the department that install, repair, or maintain electrical construction wiring, unless statutorily exempted.
Reporting, bookkeeping and other procedures required for compliance with the rules.
The renewal of electrician licenses will continue to be contingent upon the fulfillment of continuing education obligations.
Types of professional skills necessary for compliance with the rules.
No other types of professional skills are necessary for compliance with the rules.
Rules have a significant economic impact on small businesses?
No.
Small business regulatory coordinator
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
carol.dunn@wisconsin.gov.
Environmental Impact
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.
Fiscal Estimate
Summary
The proposed rules implement the licensing mandates imposed by
2007 Wisconsin Act 63 relating to electrical contractors and electricians. The department currently administers a program for the certification of electricians and electrical contractors who then use the certification to obtain a license in municipalities which require licensing. The provisions of Act 63 requiring state-wide licensure are effective April 1, 2013.
The department estimates that an additional 10,000 electricians and electrical will obtain license prior to April 1, 2013. The current 4-year license fees for an electrical contractor is $200, a master electrician $200, a journeyman electrician $100 and a beginning electrician $20. This will then result in additional annual revenues of $458,500 with 2013 implementation.
The department anticipates that workload associated with this licensing can be absorbed within current resources and staff levels.
State fiscal effect
Increase existing revenues. An increase in costs may be possible to absorb within the agency's budget.
Local government fiscal effect
None.
Long-range fiscal implications
No long-range fiscal implications are anticipated.
Agency Contact Person
