SPS 316.014 NoteNote: Section 101.02 (12), Stats., indicates that every day during which any person, persons, corporation or any officer, agent or employee thereof, fails to observe and comply with an order of the department will constitute a separate and distinct violation of such order. SPS 316.014 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am., Register, September, 1999, No. 525, eff. 10-1-99; CR 08-047: renum. from Comm 16.06 Register February 2009 No. 638, eff. 3-1-09; CR 16-093: renum. from SPS 316.006 Register June 2018 No. 750, eff. 8-1-18. SPS 316.015(1)(1) Appeal of local order. Any person affected by a local order which may be in conflict with a provision of this chapter may petition the department for a hearing on the grounds that the local order is unreasonable and in conflict with the provision of this chapter. All appeals shall be acted on and a decision in writing shall be issued by the department within 30 business days of receiving an appeal. SPS 316.015 NoteNote: Section 101.01 (l) (f), Stats., defines “local order” as any ordinance, order, rule or determination of any common council, board of aldermen, board of trustees or the village board, of any village or city, or the board of health of any municipality, or an order or direction of any official of such municipality, upon any matter over which the department has jurisdiction. SPS 316.015(2)(2) Petition of administrative rule. Pursuant to s. 227.12, Stats., any municipality, corporation or any 5 or more persons having an interest in an administrative rule may petition the department requesting the adoption, amendment or repeal of the rule. SPS 316.015 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; CR 08-047: renum. from Comm 16.07 Register February 2009 No. 638, eff. 3-1-09; CR 16-093: renum. from SPS 316.008 Register June 2018 No. 750, eff. 8-1-18. SPS 316.016SPS 316.016 Electrical plan review. Upon request, the department may perform electrical plan review for dwellings, public buildings, places of employment and electrical services. SPS 316.016 HistoryHistory: CR 08-047: cr. Register February 2009 No. 638, eff. 3-1-09; CR 16-093: renum. from SPS 316.930 Register June 2018 No. 750, eff. 8-1-18. SPS 316.017SPS 316.017 Technical assistance. The department shall provide technical assistance to the extent possible with the available resources to any person, upon written request, regarding interpretation and application of this chapter. The technical assistance may consist of telephone, written, in-office or on-site review of specific problems. SPS 316.017 HistoryHistory: Cr. Register, September, 1999, No. 525, eff. 10-1-99; CR 08-047: renum. from Comm 16.67 Register February 2009 No. 638, eff. 3-1-09; CR 16-093: renum. from SPS 316.960 Register June 2018 No. 750, eff. 8-1-18. SPS 316.020(1)(1) General. All electrical power and communication equipment and lines shall be constructed, installed, operated, and maintained so as to minimize hazards to life and property. All electrical installations shall conform to the National Electrical Code, incorporated by reference in this chapter, and the requirements specified in this chapter. SPS 316.020 NoteNote: The federal and state Fair Housing Acts, the federal Americans with Disabilities Act, and the Wisconsin Commercial Building Code under chs. SPS 361 to 366 contain requirements relating to making buildings accessible to and usable by people with disabilities. Some of those requirements apply to the installation of various electrical devices. For example, in the federal Fair Housing Accessibility Guidelines, devices such as light switches, electrical outlets, thermostats and other environmental controls would meet the requirements if operable parts of the controls are located no higher than 48 inches, and no lower than 15 inches, above the floor. If the reach is over an obstruction between 20 and 25 inches in depth, the maximum height is reduced to 44 inches for forward approach; or 46 inches for side approach, provided the obstruction is no more than 24 inches in depth. Complete copies of the federal Fair Housing Accessibility Guidelines or the federal Americans with Disabilities Act Accessibility Guidelines can be obtained from the Superintendent of Documents, New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. SPS 316.020 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 316.020 NoteNote: This note is created eff. 9-1-26 by CR 26-016. SPS 316.020(2)(2) Installations over 600 volts. Installations over 600 volts shall, in addition to the requirements of this chapter, comply with ch. PSC 114. SPS 316.020 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; CR 08-047: renum. from Comm 16.08 Register February 2009 No. 638, eff. 3-1-09; CR 16-093: renum. from SPS 316.009 and am. (1) Register June 2018 No. 750, eff. 8-1-18. SPS 316.021SPS 316.021 Maintenance. All electrical wiring installations and equipment shall be cleaned and inspected at intervals as experience has shown to be necessary. Any equipment or electrical wiring installation known to be defective so as to endanger life or property shall be promptly repaired, permanently disconnected or isolated until repairs can be made. SPS 316.021 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; CR 08-047: renum. from Comm 16.09 Register February 2009 No. 638, eff. 3-1-09; CR 16-093: renum. from SPS 316.010 and am. Register June 2018 No. 750, eff. 8-1-18. SPS 316.022SPS 316.022 Use of approved materials and construction methods. SPS 316.022(1)(1) Materials. Materials, equipment, and products that do not comply with the requirements of this chapter shall not be used unless approved in writing by the department in an approval of a petition for variance. Approval of materials, equipment, and products shall be based on sufficient data, tests, and other evidence that prove the material, equipment, or product meets the intent of the requirements of this chapter. Data, tests, and other evidence shall be provided by a qualified independent third party. SPS 316.022 NoteNote: Examples of a qualified independent third party include a nationally recognized testing laboratory and a professional engineer registered in the state of Wisconsin.
SPS 316.022 NoteNote: This note is shown as amended eff. 9-1-26 by CR 26-016. Prior to 9-1-26 it reads: SPS 316.022 NoteNote: Examples of a qualified independent third party include a nationally recognized testing laboratory and a professional engineer.
SPS 316.022(2)(2) Methods of installation. Methods of installation that do not comply with the regulations of this chapter shall not be used unless approved in writing by the department in an approval of a petition for variance. SPS 316.022(3)(3) New products, constructions or materials. The incorporated National Electrical Code® may require new products, constructions, or materials that may not be available at the time this chapter is adopted. In such event, the department may permit the use of the products, constructions or materials which comply with a previous edition of the National Electrical Code®. SPS 316.022 HistoryHistory: Cr. Register, October, 1990, No. 418, eff. 11-1-90; CR 02-072: r. and recr. (1) Register April 2003 No. 568, eff. 5-1-03; CR 08-047: renum. from Comm 16.11 Register February 2009 No. 638, eff. 3-1-09; CR 13-042: am. (1) to (3) Register November 2013 No. 695, eff. 12-1-13; CR 16-093: renum. from SPS 316.012 and am. (1), (2) Register June 2018 No. 750, eff. 8-1-18. SPS 316.023SPS 316.023 Electric fences. The following is a department rule in addition to the requirements of the NEC: Electric fence controllers shall be installed and used in the exact manner and for the exact purpose indicated by the manufacturer's instructions, markings, listings or labels. SPS 316.023 NoteNote: Under s. 101.18, Stats., the Department is responsible for establishing “…reasonable standards, rules or regulations for the erection, construction, repair and maintenance of electric fences as shall render them safe.” SPS 316.023 NoteNote: This section is shown as repealed and recreated eff. 9-1-26 by CR 26-016. Prior to 9-1-26 it reads: SPS 316.023 NoteSPS 316.023 Electric fences. The following are department rules in addition to the requirements of the NECH:
SPS 316.023 Note(1) Electric fence controllers. (a) Electric fence controllers shall be of a type listed by a nationally recognized testing laboratory.
SPS 316.023 Note(b) Electric fence controllers shall be installed and used in the exact manner and for the exact purpose indicated by the manufacturer’s instructions, markings, listings or labels.
SPS 316.023 Note(2) Grounding. Electric fence controllers shall be grounded as specified in NEC 250, except that where stray voltages in dairy barns or milking parlors create physical problems to the animals, the use of a single made electrode shall be permitted.
SPS 316.023 Note(3) Exception. Subsections (1) and (2) do not apply to electric fence controllers designed and manufactured for the purpose of controlling humans.
SPS 316.023 NoteNote: Under s. 101.18, Stats., the Department is responsible for establishing “…reasonable standards, rules or regulations for the erection, construction, repair and maintenance of electric fences as shall render them safe.” SPS 316.023 HistoryHistory: CR 08-047: cr. Register February 2009 No. 638, eff. 3-1-09; CR 16-093: renum. from SPS 316.013, cr. (3) Register June 2018 No. 750, eff. 8-1-18; CR 26-016: r. and recr. Register June 2026 No. 846, eff. 9-1-26. SPS 316.080SPS 316.080 Changes, additions or omissions to NEC®. Changes, additions or omissions to the National Electrical Code® (NEC®) are specified in this subchapter and are rules of the department and not requirements of the NEC®. SPS 316.080 NoteNote: The referenced NEC® article or section number will correspond with the SPS designation number and title and will precede the text of the rule. Example: SPS 316.100 [NEC 100].
SPS 316.080 HistoryHistory: CR 08-047: cr. Register February 2009 No. 638, eff. 3-1-09; CR 16-093: renum. from SPS 316.015 Register June 2018 No. 750, eff. 8-1-18. SPS 316.090SPS 316.090 Introduction. The requirements specified in NEC 90.1, NEC 90.2, and NEC 90.4 are not included as part of this chapter. SPS 316.090 NoteNote: This section is shown as amended eff. 9-1-26 by CR 26-016. Prior to 9-1-1-26 it reads: SPS 316.090 NoteSPS 316.090 Introduction. The requirements specified in 2011 and 2017 NEC 90.1, NEC 90.2, and NEC 90.4 are not included as part of this chapter.
SPS 316.100(1)(1) Additions. The following are department definitions in addition to the definitions in NEC 100: SPS 316.100(1)(b)(b) “Nonrated construction” means Types III, IV and V construction in accordance with chs. SPS 361 to 366 and is considered to be nonfire-rated for the purposes of this chapter. SPS 316.100 NoteNote: Under s. 145.01 (12), Stats., “private sewage system” means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the department including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. A private sewage system may be owned by the property owner or a special purpose district. SPS 316.100(2)(2) Substitutions. The following department definition is a substitution for the respective definition in NEC 100: “Special permission” means a petition for variance in accordance with s. SPS 316.005. SPS 316.100 NoteNote: Sub. (2) is shown as amended eff. 9-1-26 by CR 26-016. Prior to 9-1-26 it reads: SPS 316.100 Note(2) Substitutions. The following department definition is a substitution for the respective definition in 2011 and 2017 NEC 100: “Special permission”means a petition for variance in accordance with s. SPS 316.005. SPS 316.100 NoteNote: See chs. SPS 361 to 366 for fire-resistance standards. SPS 316.100 HistoryHistory: CR 08-047: cr. Register February 2009 No. 638, eff. 3-1-09; correction in (1) (a), (b), (c), (2) (b) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672; CR 16-093: r. (1) (a), renum. (1) (b) to (d) to (1) (a) to (c), (2) (intro.), (b) consolidated and renum. to (2) and am., r. (2) (a) Register June 2018 No. 750, eff. 8-1-18; CR 26-016: am. (2) Register June 2026 No. 846, eff. 9-1-26. SPS 316.110SPS 316.110 Examination, identification, installation, use, and listing of equipment. SPS 316.110(1)(1) Substitute the following wording for the requirements in NEC 110.3 (B): Equipment that is listed, labeled, or both, or identified for a use shall be installed and used in accordance with any instructions included in the listing, labeling, or identification provided the instructions, listing, or labeling do not conflict with this chapter. SPS 316.110 NoteNote: Sub. (1) is shown as amended eff. 9-1-26 by CR 26-016. Prior to 9-1-26 it reads: SPS 316.110 Note(1) Substitute the following wording for the requirements in 2011 NEC 110.3 (B): Listed or labeled equipment shall be installed or used, or both, in accordance with any instructions included in the listing or labeling, provided the instructions, listing, or labeling do not conflict with this chapter.
SPS 316.110(2)(2) This is a department exception to the requirements of NEC 110.3 (C): Exception: As provided under s. SPS 316.022 (1), product testing and evaluation may be conducted by a qualified independent third party, including a nationally recognized testing laboratory or a professional engineer registered in the state of Wisconsin. SPS 316.110 NoteNote: Sub. (2) is shown as amended eff. 9-1-26 by CR 26-016. Prior to 9-1--26 it reads: SPS 316.110 Note(2) This is a department exception to the requirements of 2017 NEC 110.3 (C): Exception: As provided under s. SPS 316.022 (1), product testing and evaluation may be conducted by a qualified independent third party, including a nationally recognized testing laboratory or a professional engineer. SPS 316.210(1)(1) Ground-fault circuit-interrupter protection for personnel. SPS 316.210(1)(a)(a) Substitute the following wording for NEC 210.8 (A): All 125−volt, single−phase, 15− and 20−ampere receptacles installed in the following locations shall have ground−fault circuit interrupter protection for personnel: SPS 316.210(1)(b)(b) Substitute the following wording for NEC 210.8 (A) (5): Unfinished portions or areas of the basement not intended as habitable rooms. SPS 316.210(1)(c)(c) The requirements in NEC 210.8 (A) (7) are not included as part of this chapter. SPS 316.210(1)(d)(d) The requirements in NEC 210.8 (D) (8), (9), (10), and (11) are not included as part of this chapter. SPS 316.210(1)(e)(e) The requirements in NEC 210.8 (F) are not included as part of this chapter. SPS 316.210(2)(2) Arc-fault circuit-interrupter protection. The requirements in NEC 210.12 (E) are not included as part of this chapter. SPS 316.210(3)(a)(a) Substitute the following wording for NEC 210.52 (C) (2): At least one receptacle shall be installed at each island and peninsular countertop space with a long dimension of 600 millimeters (24 inches) or greater and a short dimension of 300 millimeters (12 inches) or greater. A peninsular countertop is measured from the connected perpendicular wall. SPS 316.210(3)(b)(b) The following are department exceptions to the requirements of NEC 210.52 (C) (3): SPS 316.210(3)(b)1.1. In construction for the physically impaired receptacles may be mounted below the countertop or work surface. Receptacles mounted below a countertop or work surface shall be mounted not more than 300 millimeters (12 inches) below the countertop or work surface and may not be located where the countertop or work surface extends more than 150 millimeters (6 inches) beyond its support base. SPS 316.210(3)(b)2.2. On island and peninsular countertops or work surface where the surface is flat across its entire surface (no backsplashes, dividers, etc.) and there are no means to mount a receptacle within 500 millimeters (20 inches) above the countertop or work surface, such as an overhead cabinet receptacles may be mounted below the countertop or work surface. Receptacles mounted below a countertop or work surface shall be mounted not more than 300 millimeters (12 inches) below the countertop or work surface and may not be located where the countertop or work surface extends more than 150 millimeters (6 inches) beyond its support base. SPS 316.210 NoteNote: This section is shown as repealed and recreated eff. 9-1-26 by CR 26-016. Prior to 9-1-26 it reads: SPS 316.210 NoteSPS 316.210 Branch circuits. (1) Ground-fault circuit-interrupter protection for personnel. (a) The requirements in 2017 NEC 210.8 (A) (7) do not apply to sinks located in kitchens.
SPS 316.210 Note(b) The requirements in 2017 NEC 210.8 (A) (9) and (10) are not included as part of this chapter.
SPS 316.210 Note(c) Substitute the following wording for 2017 NEC 210.8 (B): All 125-volt, single-phase, 15- and 20-ampre receptacles installed in the following locations shall have ground-fault circuit interrupter protection for personnel.
SPS 316.210 Note(d) This is a department exception to the requirements in 2011 NEC 210.8 (A) and 2017 NEC 210.8 (A) and (B): Exception: Ground-fault circuit-interrupter protection shall not be required for a single receptacle providing power for sump, sewage, or condensate pumps where an accessible ground-fault circuit-interrupter protected receptacle is located within 900 mm (3 ft) of the non-GFCI protected receptacle.
SPS 316.210 Note(2) Branch circuits required. (a) This is a department rule in addition to the requirements of 2011 NEC 210.11: Where an air conditioner sleeve is provided in a building wall, a receptacle outlet shall be located within 4 feet of the sleeve. If a circuit is not run to the outlet, a raceway shall be provided. When the air conditioner is installed in the sleeve, it shall be supplied by an individual branch circuit. A receptacle outlet installed for an air conditioner may not be counted as one of the receptacles required by NEC 210.52 (A).
SPS 316.210 Note(b) The requirements in 2017 NEC 210.11 (C) (4) are not included as part of this chapter.
SPS 316.210 Note(3) Arc-fault circuit-interrupter protection. The requirements in 2017 NEC 210.12 (A) do not apply to kitchens.
SPS 316.210 Note(4) Branch circuit extensions or modifications — dwelling units and dormitory units. The requirements in 2011 NEC 210.12 (B) and 2017 NEC 210.12 (D) are not included as part of this chapter.
SPS 316.210 Note(5) Lighting outlets required. Substitute the following wording for 2011 NEC 210.70 (A) (1): At least one wall switch-controlled lighting outlet shall be installed in every habitable room, kitchen, and bathroom.
