LRB-0475/2
MGG&MDK:wlj:pg
2007 - 2008 LEGISLATURE
April 30, 2007 - Introduced by Representatives A. Ott, Mursau, Sheridan,
Gottlieb, Nelson, Tauchen, Hubler, Hahn, Berceau, Kestell, Travis,
Pope-Roberts, Van Roy, Richards, Mason, Kreuser, Nerison, Boyle, Turner,
Hintz, Gunderson, Gronemus, Jorgensen, Zepnick, Nygren, Shilling,
Sinicki, Moulton, Hixson, Molepske, Schneider, Petersen, Smith,
Hraychuck and Parisi, cosponsored by Senators Decker, Olsen, Hansen,
Lassa, Lehman, Sullivan, Roessler, Breske, Cowles, Kreitlow, Erpenbach,
Coggs, Wirch, Grothman, Plale, Miller and Vinehout. Referred to
Committee on Labor and Industry.
AB294,2,2
1An Act to repeal 59.79 (4), 101.80 (2), 101.82 (3), 101.82 (3m), 101.84 (2), 101.86
2(2), 101.865, 101.87 (2), 101.87 (3) and 101.87 (4);
to renumber and amend
3101.80 (1), 101.86 (3) and 101.87 (1);
to amend 86.16 (2), 101.02 (20) (a), 101.02
4(21) (a), subchapter IV (title) of chapter 101 [precedes 101.80], 101.82 (1),
5101.82 (2), 101.86 (1) (a), 101.86 (1) (c), 101.88 (1), 101.88 (2), 101.88 (3), 182.018
6(3) and 289.33 (3) (d);
to repeal and recreate 101.87 (title); and
to create
7101.80 (1g), 101.80 (1j), 101.80 (1m), 101.80 (3), 101.80 (4), 101.80 (5), 101.82
8(1m), 101.82 (1r), 101.82 (1v), 101.82 (2m), 101.82 (3r), 101.84 (3), 101.861,
9101.862 and 101.87 (5) of the statutes;
relating to: a state electrical wiring
10code; regulation of electricians, electrical contractors, and electrical inspectors;
11inspections of electrical wiring; regulation of electrical wiring; regulation of
1heating and air conditioning contractors by a county with a population of
2500,000 or more; and granting rule-making authority.
Analysis by the Legislative Reference Bureau
Regulation of electrical wiring
Under current law, the Department of Commerce (Commerce) promulgates
rules for electric construction in public buildings and places of employment and in
places where farming is conducted. This bill expands Commerce's duty in this regard
to promulgate a state wiring code that establishes standards for installing,
repairing, and maintaining electrical wiring, regardless of what type of building is
involved. The authority of a city, village, town, or county (municipality) to enact a
local electrical code is also expanded in the same manner. The bill defines "electrical
wiring" to be equipment and wiring for the production and control of electrical
energy; "electrical wiring" does not include the equipment and wiring used by public
utilities, electric cooperatives, or operators of wholesale merchant plants for the
generation, transmission, and distribution of electricity to their customers or
members. (A "wholesale merchant plant" is a plant that is generally not owned by
a public utility and that provides service to wholesale customers.)
Regulation of electricians and electrical and other contractors
Under current law, Commerce administers a certification program for master
electricians, electrical contractors, journeymen electricians, and beginning
electricians. The program has a uniform examination for certification of master
electricians and specifies that only master electricians and persons who employ at
least one master electrician may be certified as electrical contractors. The program
also establishes requirements for the certification of journeymen electricians and
beginning electricians. Also under current law, a municipality may license an
electrical contractor if the contractor has at least one master electrician as an
employee. However, current law does not specifically require that a person be
licensed or certified by Commerce or by a municipality to work as an electrician or
electrical contractor.
Under this bill, a municipality may no longer license a contractor. Also, the bill
specifically prohibits municipalities from registering or licensing electricians.
Instead, under the bill, no person may work as an electrician or as an electrical
contractor unless the person is licensed by or registered with Commerce. Commerce
must promulgate rules for the licensing of electrical contractors and for the licensing
and examination of all types of electricians, including journeymen and master
electricians, but excluding beginning electricians. Under the bill, beginning
electricians must register but do not need to pass an examination. The bill also
requires that no person may do electrical work unless a master electrician is at all
times responsible for the work.
The bill specifies several persons who are exempt from licensing or registration,
including persons who perform certain types of electrical work on their own
residences or in their own facilities, persons who perform electrical work on
elevators, escalators, and alarm systems, and persons who perform equipment
installation that is not primarily electrical in nature. Also exempt are employees and
subcontractors of electricity providers, persons who work on lighting or signals for
public thoroughfares or airports, and persons who work on the utility side of
substations and other distribution facilities owned or operated by customers or
members of electricity providers.
In addition to requiring Commerce to promulgate rules for the regulation of all
electricians, the bill imposes specific requirements as to the amount of experience
necessary to be licensed as a residential or nonresidential journeyman electrician.
Finally, the bill repeals a provision authorizing the licensing and regulation of
heating and air conditioning contractors in any county with a population of 500,000
or more (currently only Milwaukee County).
Inspections of electrical wiring
Under current law, Commerce promulgates rules for inspections of electrical
construction in public buildings, places of employment, and places where farming is
conducted. This bill expands the scope of this rule-making authority to cover all
electrical wiring. Under current law, a municipality may enact an ordinance
regulating the inspection of electrical construction in public buildings and places of
employment if the ordinance meets the minimum state requirements. Under
current law, Commerce must contract with a municipality for inspections of
electrical construction for compliance with state law if the municipality has enacted
such an ordinance and if the municipality requests Commerce to do so. Commerce
must also provide such inspection in a municipality that has not enacted such an
ordinance. This bill eliminates these provisions concerning contracting between
Commerce and a municipality. The bill also expands the scope of municipal
inspection authority to cover all electrical wiring.
Commerce may, at the request of the owner or tenant, inspect the exterior and
interior wiring of a public building or place of employment to determine compliance
with state law. Current law also requires the company furnishing electric current
to obtain proof of compliance with state law before furnishing the current. This bill
eliminates these provisions.
The bill requires Commerce to promulgate rules establishing criteria for
certifying all electrical inspectors of electrical wiring. Under current law, Commerce
is required to promulgate certification criteria only for inspectors of public buildings
and places of employment. The bill also requires Commerce to promulgate rules
establishing standards and a process for the inspection of electrical wiring, including
the inspection of electrical wiring for which a municipality does not provide
inspection. The bill specifically prohibits municipalities from certifying electrical
inspectors and requires that all inspections of electrical wiring be conducted by
inspectors certified by Commerce.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB294, s. 1
1Section
1. 59.79 (4) of the statutes is repealed.
AB294, s. 2
2Section
2. 86.16 (2) of the statutes is amended to read:
AB294,4,73
86.16
(2) All poles used in the construction of such lines shall be set in such
4manner as not to interfere with the use of such highway by the public, nor with the
5use of the adjoining land by the owner thereof; and all pole lines shall hereafter be
6constructed so as to meet the requirements of the
Wisconsin provisions of the state
7electrical code
promulgated by the public service commission.
AB294,4,1510
101.02
(20) (a) For purposes of this subsection, "license" means a license,
11permit or certificate of certification or registration issued by the department under
12ss. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a),
13101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82
(2), 101.87 14(1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4),
15145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).
AB294,5,218
101.02
(21) (a) In this subsection, "license" means a license, permit or
19certificate of certification or registration issued by the department under s. 101.09
20(3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178
21(2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82
(2), 101.87 (1m), (1v), and
1(2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045,
2145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).
AB294, s. 5
3Section
5. Subchapter IV (title) of chapter 101 [precedes 101.80] of the
4statutes is amended to read:
AB294,5,9
7INSPECTION OF ELECTRICAL
CONSTRUCTION wiring AND
8CERTIFICATION OF MASTER ELECTRICIANS, CONTRACTORS,
9JOURNEYMEN AND BEGINNING ELECTRICIANS
AB294, s. 6
10Section
6. 101.80 (1) of the statutes is renumbered 101.80 (1r) and amended
11to read:
AB294,5,1212
101.80
(1r) "Municipality" means
a city, town, village
and, or county.
AB294, s. 7
13Section
7. 101.80 (1g) of the statutes is created to read:
AB294,5,1414
101.80
(1g) "Electric cooperative" has the meaning given in s. 196.025 (5) (ag).
AB294, s. 8
15Section
8. 101.80 (1j) of the statutes is created to read:
AB294,5,1716
101.80
(1j) "Electricity provider" means a public utility, an electric cooperative,
17or a wholesale merchant plant operator.
AB294, s. 9
18Section
9. 101.80 (1m) of the statutes is created to read:
AB294,6,219
101.80
(1m) "Electrical wiring" means all equipment, wiring, material,
20fittings, devices, appliances, fixtures, and apparatus used for the production,
21modification, regulation, control, distribution, utilization, or safeguarding of
22electrical energy for mechanical, chemical, cosmetic, heating, lighting, or similar
23purposes, as specified under the state electrical wiring code. "Electrical wiring" does
24not include the equipment, wiring, material, fittings, devices, appliances, fixtures,
25and apparatus used by a public utility, an electric cooperative, or a wholesale
1merchant operator for the purpose of generating, transmitting, or distributing
2electricity to its customers or members.
AB294, s. 10
3Section
10. 101.80 (2) of the statutes is repealed.
AB294, s. 11
4Section
11. 101.80 (3) of the statutes is created to read:
AB294,6,55
101.80
(3) "Public utility" has the meaning given in s. 196.01 (5).
AB294, s. 12
6Section
12. 101.80 (4) of the statutes is created to read:
AB294,6,87
101.80
(4) "State electrical wiring code" means the rules promulgated under
8s. 101.82 (1) for electrical wiring.
AB294, s. 13
9Section
13. 101.80 (5) of the statutes is created to read:
AB294,6,1110
101.80
(5) "Wholesale merchant plant operator" means the operator of a
11wholesale merchant plant, as defined in s. 196.491 (1) (w).
AB294, s. 14
12Section
14. 101.82 (1) of the statutes is amended to read:
AB294,6,2013
101.82
(1) Adopt rules for the construction and inspection of electrical
14construction of public buildings and places of employment and for the inspection of
15electrical construction of places where farming, as defined in s. 101.01 (11), is
16conducted Promulgate by rule a state electrical wiring code that establishes
17standards for installing, repairing, and maintaining electrical wiring. Where
18feasible, the
standards used shall be those rules shall reflect nationally recognized
.
19No rule may be adopted which does not take into account the conservation of energy
20in construction and maintenance of buildings standards.
AB294, s. 15
21Section
15. 101.82 (1m) of the statutes is created to read:
AB294,6,2522
101.82
(1m) Promulgate rules that establish criteria and procedures for the
23registration of beginning electricians and for the examination and licensing of
24different types of electricians, including journeymen electricians and master
25electricians.
AB294, s. 16
1Section
16. 101.82 (1r) of the statutes is created to read:
AB294,7,32
101.82
(1r) Promulgate rules that establish requirements for the supervision
3of beginning electricians.
AB294, s. 17
4Section
17. 101.82 (1v) of the statutes is created to read:
AB294,7,65
101.82
(1v) Promulgate rules that establish criteria and procedures for the
6licensing of electrical contractors.
AB294, s. 18
7Section
18. 101.82 (2) of the statutes is amended to read:
AB294,7,128
101.82
(2) Promulgate rules
that establish criteria and procedures for the
9certification
, including provisions for suspension and revocation thereof, of electrical
10inspectors for the purpose of inspecting
the electrical wiring
of public buildings and
11places of employment. Persons certified as inspectors may be employees of the
12department, a municipality or private inspection agency.
AB294, s. 19
13Section
19. 101.82 (2m) of the statutes is created to read:
AB294,7,1614
101.82
(2m) Promulgate rules that establish standards and a process for the
15inspection of electrical wiring, including the inspection of electrical wiring for which
16a municipality does not provide inspection under s. 101.86 (1).
AB294, s. 20
17Section
20. 101.82 (3) of the statutes is repealed.
AB294, s. 21
18Section
21. 101.82 (3m) of the statutes is repealed.
AB294, s. 22
19Section
22. 101.82 (3r) of the statutes is created to read: