SPS 316.002(2)(d)(d) Installations in manufactured homes, other than electrical wiring alterations in existing manufactured homes. SPS 316.002(2)(e)(e) Installations under the exclusive control of an electric utility, or an electric cooperative where such installations meet any of the following situations: SPS 316.002(2)(e)2.2. Are located in legally established easements or right-of-ways designated by public service commissions, utility commissions, or other regulatory agencies having jurisdiction for such installations. SPS 316.002(2)(e)3.3. Are on property owned or leased by the electric utility for the purpose of communications, metering, generation, control, transformation, transmission, storage, or distribution of electric energy. SPS 316.002(2)(f)(f) Installations for the purpose of street or area lighting owned and under exclusive control of electrical utilities or municipalities where located outdoors on property owned or leased by the utility; on or along public highways, streets, roads, or similar public thoroughfares; or outdoors on private property by established rights such as easements shall comply with this chapter or ch. PSC 114. SPS 316.002(2)(g)(g) Installations in properties that are exempted by federal statutes or treaties. SPS 316.002(2)(h)(h) Installations in portions of buildings leased to the federal government provided all of the following conditions are met: SPS 316.002(2)(h)1.1. A statement is recorded with the register of deeds that describes the steps necessary for compliance with this chapter if the space is converted to a nonexempt use. SPS 316.002(2)(h)2.2. The statement recorded with the register of deeds is recorded in a manner that will permit the existence of the statement to be determined by reference to the property where the building is located. SPS 316.002(2)(h)3.3. The owner of the building submits a copy of the recorded document to the department or its authorized representative. SPS 316.002(2)(i)(i) Installations in buildings or structures located on Indian reservation land that are held either in trust by the United States, or in fee by the tribe or a tribal member. SPS 316.002(2)(j)(j) Installations in buildings or structures which are located on off−reservation Indian land that is held in trust by the United States and which are held either in trust by the United States, or in fee by the tribe or a tribal member. SPS 316.002 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (1) (b) and (c), Register, March, 1994, No. 459, eff. 4-1-94; cr. (1) (e), r. and recr. (2) (d), (e), Register, August, 1996, No. 488, eff. 9-1-96; cr. (1) (f), Register, September, 1999, No. 525, eff. 10-1-99; CR 02-072: am. (2) (e) Register April 2003 No. 568, eff. 5-1-03; CR 08-047: renum. from Comm 16.02 Register February 2009 No. 638, eff. 3-1-09; CR 16-093: r. and recr. Register June 2018 No. 750, eff. 8-1-18; CR 26-016: am. (2) (b), (c), cr. (2) (g) to (j) Register June 2026 No. 846, eff. 9-1-26. SPS 316.003(1)(1) Types of installations. The provisions of this chapter apply to all new installations, reconstructions, alterations and extensions. SPS 316.003(3)(3) Existing installations. Existing electrical installations shall conform to the electrical code that applied when the installations were installed. When a hazard to life, health, or property exists or is created by an existing installation the authority having jurisdiction may, in the authority’s sole discretion, require that the installation be brought into compliance with the current code’s requirements within a time period determined by the authority. SPS 316.003 NoteNote: Changes in use or occupancy of a space may require alterations to electrical installations to remain compliant with the provisions of the NEC and this chapter.
SPS 316.003(4)(4) Repairs. Repairs to electrical installations shall conform to the electrical code that applied when the installations were installed. When a hazard to life, health, or property exists or is created by an existing installation the authority having jurisdiction may, in the authority’s sole discretion, require that the installation be brought into compliance with the current code’s requirements within a time period determined by the authority. SPS 316.003(5)(a)(a) Where any department rule in this chapter differs from a requirement within a standard referenced in this chapter, the department rule shall govern. SPS 316.003(5)(b)(b) Where a provision of this chapter prescribes a general requirement and another provision of this chapter prescribes a specific or more detailed requirement regarding the same subject, the specific or more detailed requirement shall govern, except as provided in par. (a). SPS 316.003(5)(c)(c) Where different sections of this chapter specify conflicting requirements, the most restrictive requirement, as determined by the department, shall govern, except as provided in pars. (a) and (b). SPS 316.003(6)(6) Additions and alterations. Additions and alterations to electrical systems covered by this chapter shall comply with all provisions of this chapter at the time of permit application or, if no permit is required, the beginning of the project. SPS 316.003 NoteNote: This chapter does not nullify any exclusions specified in the standards adopted under s. SPS 316.007. SPS 316.003 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; CR 02-072: r. and recr. (3), cr. (4) Register April 2003 No. 568, eff. 5-1-03; CR 08-047: renum. from Comm 16.03 Register February 2009 No. 638, eff. 3-1-09; CR 13-042: am. (title), cr. (5) Register November 2013 No. 695, eff. 12-1-13; CR 16-093: cr. (6) Register June 2018 No. 750, eff. 8-1-18; CR 26-016: r. (2), am. (3), (4) Register June 2026 No. 846, eff. 9-1-26. SPS 316.004SPS 316.004 Department authority. Under s. 101.02 (1), Stats., the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards. Any interpretation under this section shall supersede any differing interpretation by either a lower level jurisdiction or an issuer of the adopted code or standard. SPS 316.004 NoteNote: Section 101.86, Stats., prohibits municipalities from enacting rules that are more restrictive than this chapter. Section 101.86 (1) (a), Stats., provides a municipality may “[e]nact an electrical code or otherwise exercise jurisdiction over electrical wiring and inspection of electrical wiring by enactment of ordinances, provided that the electrical code or ordinance strictly conforms with the state electrical wiring code promulgated by the department under s. 101.82 (1). A county ordinance shall apply in any city, village or town which has not enacted such an ordinance.” SPS 316.004 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (1), Register, August, 1996, No. 488, eff. 9-1-96; am. (2) and r. (3), Register, September, 1999, No. 525, eff. 10-1-99; CR 08-047: renum. from Comm 16.04 Register February 2009 No. 638, eff. 3-1-09; corrections made under s. 13.92 (4) (b) 7., Stats., Register February 2009 No. 638; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 13-042: am. (1) Register November 2013 No. 695, eff. 12-1-13; CR 16-093: r. and recr. Register June 2018 No. 750, eff. 8-1-18. SPS 316.005SPS 316.005 Petition for variance. The department shall consider and may grant a variance to a provision of this chapter in accordance with ch. SPS 303. The petition for variance shall include, where applicable, a position statement from the fire department having jurisdiction. SPS 316.005 NoteNote: Chapter SPS 303 requires the submittal of a petition for variance and a fee, and that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned. Chapter SPS 303 also requires the department to process regular petitions within 30 business days and priority petitions within 10 business days. SPS 316.005 NoteNote: The submittal of position statements and municipal recommendations is dependent on the rule being petitioned and is specified in the code under which the variance is requested.
SPS 316.005 NoteNote: The department form required in this section is available on the department’s website at https://dsps.wi.gov. SPS 316.005 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr., Register, September, 1999, No. 525, eff. 10-1-99; CR 08-047: renum. from Comm 16.05 Register February 2009 No. 638, eff. 3-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. SPS 316.006(1e)(1e) “Authority having jurisdiction” means an organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure. SPS 316.006 NoteNote: An authority having jurisdiction may be a municipality operating under s. SPS 316.011 (1) or the department operating under s. SPS 316.011 (2), however s. SPS 316.004 provides that “Under s. 101.02 (1), Stats., the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards. Any interpretation under this section shall supersede any differing interpretation by either a lower-level jurisdiction or an issuer of the adopted code or standard.” SPS 316.006(1s)(1s) “Department” means the department of safety and professional services. SPS 316.006 NoteNote: Under s. 101.80 (1m), Stats., “electrical wiring” means all equipment, wiring, material, fittings, devices, appliances, fixtures, and apparatus used for the production, modification, regulation, control, distribution, utilization, or safeguarding of electrical energy for mechanical, chemical, cosmetic, heating, lighting, or similar purposes, as specified under the state electrical wiring code. “Electrical wiring” does not include the equipment, wiring, material, fittings, devices, appliances, fixtures, and apparatus used by a public utility, an electric cooperative, or a wholesale merchant operator for the purpose of generating, transmitting, distributing, or controlling heat, light, power, or natural gas to its customers or members. SPS 316.006 NoteNote: Under s. 102.04 (3), Stats., “farming” means the operation of farm premises owned or rented by the operator. “Farm premises” means areas used for operations herein set forth, but does not include other areas, greenhouses or other similar structures unless used principally for the production of food and farm plants. SPS 316.006 NoteNote: Section 102.04 (3), Stats., states that the operation of farm premises shall be deemed to be the planting and cultivating of the soil thereof; the raising and harvesting of agricultural, horticultural or arboricultural crops thereon; the raising, breeding, tending, training and management of livestock, bees, poultry, fur–bearing animals, wildlife or aquatic life, or their products, thereon; the processing, drying, packing, packaging, freezing, grading, storing, delivering to storage, to market or to a carrier for transportation to market, distributing directly to consumers or marketing any of the above-named commodities, substantially all of which have been planted or produced thereon; the clearing of such premises and the salvaging of timber and management and use of wood lots thereon, but not including logging, lumbering or wood cutting operations unless conducted as an accessory to other farming operations; the managing, conserving, improving and maintaining of such premises or the tools, equipment and improvements thereon and the exchange of labor, services or the exchange of use of equipment with other farmers in pursuing such activities. SPS 316.006 NoteNote: Under s. 101.01 (8m), Stats., “multifamily dwelling” means “an apartment building, rowhouse, town house, condominium or modular home, as defined in s. 101.71 (6), that does not exceed 60 feet in height or 6 stories and that consists of 3 or more attached dwelling units, as defined in s. 101.61 (1), the initial construction of which is begun on or after January 1, 1993. ‘Multifamily dwelling’ does not include a facility licensed under ch. 50.” SPS 316.006(6)(6) “Municipality” means a city, village, town, or county in this state. SPS 316.006(7)(7) “One- and 2- family dwellings” means any buildings that contain one or 2 dwelling units the construction of which commenced on or after December 1, 1978. SPS 316.006 NoteNote: Under s. 101.01 (11), Stats., “place of employment” includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. “Farming” includes those activities specified in s. 102.04 (3), Stats., and also includes the transportation of farm products, supplies or equipment directly to the farm by the operator of said farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production. When used with relation to building codes, “place of employment” does not include an adult family home, as defined in s. 50.01 (1), Stats., or, except for the purposes of s. 101.11, Stats., a previously constructed building used as a community-based residential facility, as defined in s. 50.01 (1g), Stats., which serves 20 or fewer residents who are not related to the operator or administrator. SPS 316.006 NoteNote: Under s. 101.01 (12), Stats., “public building” means any structure, including exterior parts of such building, such as a porch, exterior platform or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy or use by the public or by 3 or more tenants. When used in relation to building codes, “public building” does not include a previously constructed building used as a community-based residential facility as defined in s. 50.01 (1g), Stats., which serves 20 or fewer residents who are not related to the operator or administrator or an adult family home, as defined in s. 50.01 (1), Stats. SPS 316.006 HistoryHistory: CR 16-093: cr. Register June 2018 No. 750, eff. 8-1-18; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register June 2018 No. 750; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register November 2018 No. 755; CR 26-016: renum. (1) to (1s), cr. (1e), (1m) Register June 2026 No. 846, ef. 9-1-26. SPS 316.007SPS 316.007 Adoption of standards by reference. SPS 316.007(1)(1) Primary Standards. The following standard is incorporated by reference into this chapter, subject to the modifications specified in this chapter: SPS 316.007(1)(a)(a) National Fire Protection Association (NFPA), One Batterymarch Park, Quincy, MA 02169-7471, telephone 800-344-3555, www.nfpa.org: NFPA 70 National Electrical Code, (NEC) – 2023, including all Temporary Interim Amendments and Errata prior to January 1, 2025. SPS 316.007 NoteNote: Copies of the standards are on file in the office of the Legislative Reference Bureau. A copy of the code may be purchased from the organization listed or may be reviewed on the organization's website at no cost if the person is a registered user for the site.
SPS 316.007(1)(b)(b) If a requirement in the standard adopted in par. (a) contains a cross-reference to another requirement modified by this chapter, the modification shall apply to the cross-reference unless specified otherwise in this chapter. SPS 316.007(2)(2) Secondary references. Any codes or standards referenced in the standard adopted in sub. (1) (a) shall apply to the prescribed extent of each such reference, except as modified by this chapter. SPS 316.007(3)(3) Alternate standards. Any alternate standard that is equivalent to or more stringent than a standard incorporated by reference or otherwise referenced under this chapter may be used in lieu of the incorporated or referenced standard if the alternate standard is accepted in writing by the department. SPS 316.007 NoteNote: See s. SPS 316.005 for petition for variance. SPS 316.007 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (1), Register, March, 1994, No. 459, eff. 4-1-94; am. (1), Register, August, 1996, No. 488, eff. 9-1-96; r. and recr., Register, September, 1999, No. 525, eff. 10-1-99; CR 02-072: r. (1), renum. (2) to be Comm 16.12 and am. Register April 2003 No. 568, eff. 5-1-03; CR 05-010: am. Register August 2005 No. 596, eff. 9-1-05; CR 08-047: renum. from Comm 16.12 and am. Register February 2009 No. 638, eff. 3-1-09; CR 13-042: r. and recr. Register November 2013 No. 695, eff. 12-1-13; CR 16-093: renum. from SPS 316.014 and am. (1) (intro.), (a), cr. (1) (am), am. (1) (b), (2) Register June 2018 No. 750, eff. 8-1-18; CR 26-016: am. (1) (intro.), (a), r. (1) (am), am. (1) (b), (2) Register June 2026 No. 846, eff. 9-1-26. SPS 316.011(1)(a)(a) Jurisdiction conditions. Pursuant to s. 101.86 (1), Stats., municipalities may exercise jurisdiction over the inspection of electrical wiring installations at farms, public buildings, places of employment, campgrounds, manufactured home communities, public marinas, piers, docks, or wharves and recreational vehicle parks provided the municipality complies with all of the following: SPS 316.011(1)(a)1.1. The municipality holds a registration issued by the department as an inspection agency for the purpose of issuing permits and inspecting electrical wiring at farms, public buildings, places of employment, campgrounds, manufactured home communities, public marinas, piers, docks, or wharves and recreational vehicle parks. SPS 316.011(1)(a)2.2. The municipality notifies the department at least 60 days prior to the date upon which the municipality intends to assume the jurisdiction. SPS 316.011(1)(a)3.3. The municipality provides the department with a copy of its electrical ordinances and subsequent revisions to the ordinances. SPS 316.011(1)(a)5.5. The municipality employs or contracts with certified commercial electrical inspectors or independent inspection agencies to perform electrical inspection activities. SPS 316.011(1)(a)6.6. The municipality provides the department with the names of its certified commercial electrical inspectors and independent inspection agencies employed or contracted by the municipality, if applicable. SPS 316.011 NoteNote: Section 13.48 (13), Stats., exempts state buildings from local ordinances or regulations relating to building construction, permits, and similar restrictions. SPS 316.011 NoteNote: These provisions do not limit municipal authority to implement regulatory oversight for other electrical wiring installations at other locations not addressed under this section. The permitting and inspection of electrical wiring installations for the construction of new one- and 2- family dwellings are addressed under ch. SPS 320. SPS 316.011(1)(b)(b) County. Ordinances enacted by a county under this subsection establishing electrical inspection functions may not prevent or prohibit a municipality within that county from assuming those functions at any time. SPS 316.011 NoteNote: Pursuant to s. 101.86 (1) (a), Stats., a county ordinance shall apply in any city, village or town which has not enacted such an ordinance. SPS 316.011(1)(c)(c) Relinquishing of jurisdiction. A municipality shall notify the department, in writing, at least 60 days prior to the date upon which the municipality intends to relinquish jurisdiction responsibilities. SPS 316.011(2)(a)(a) In municipalities not exercising jurisdiction under sub. (1), the department shall provide permit and inspection services for the installation of electrical wiring on farms and in public buildings, places of employment, campgrounds, manufactured home communities, public marinas, piers, docks, or wharves and recreational vehicle parks. SPS 316.011(2)(b)(b) Pursuant to ss. 101.02 (5) and (15) and 101.82 (2m), Stats., municipalities engaging in providing plan review, permit issuance, or inspections regarding electrical wiring under the scope of this chapter as a designated inspection agency may be monitored or audited by the department for compliance with administrative requirements of this chapter and s. SPS 305.627. SPS 316.011 HistoryHistory: CR 16-093: cr. Register June 2018 No. 750, eff. 8-1-18, except (1) (a) 1., eff. 3-1-19, and (2), eff. 1-1-20. SPS 316.012(1)(a)(a) Except for an electrical wiring project described in s. 101.875 (2), Stats., and as provided in par. (b), no electrical wiring project may commence unless the owner of the premises where the installation is to occur or their agent holds a permit from the designated inspection agency if the project involves the installation of new or an addition to any electrical service, feeder, or branch circuit serving any of the following:
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