Analysis of Proposed Rules
General Summary
Chapter
Comm 5 of the Wisconsin Administrative Code contains the Department's rules for the issuance and renewal of numerous credentials which businesses and individuals are either mandated or permitted to obtain. These credentials are licenses, certifications and registrations that relate to activities associated with the construction and inspection of buildings and structures or specific components and elements that serve buildings and structures.
The proposed rules consist of revisions in chapter Comm 5 in order to address some administrative inconsistencies and oversights that have occurred since the last major update of chapter Comm 5. The time period during which a certified welder may perform the welding procedures for which the welder is certified is being increased from 3 years to 4 years. Likewise, the time period for maintaining the records of those individuals who passed a structural welding test is being increased from 4 years to 5 years. The proposal deletes the rule relating to advertising as certified electrical contractors or electricians. The proposed rules also include a requirement for certain master plumbers-restricted appliance to complete an educational course on multi-purpose piping systems that they are allowed to install.
Federal Comparison
The proposed rules address administrative issues unique to the department's rules. There are no existing or proposed federal regulations that address the activities to be regulated by the proposed rules.
State Comparison
The proposed rules address administrative issues unique to the department's rules. There are no similar rules in the states of Illinois, Iowa, Michigan and Minnesota.
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
rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Environmental Assessment
Notice is hereby given that 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.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The rules will affect any businesses that employ certified structural welders or conduct structural welding tests. The rules will also affect any businesses that employ licensed master plumbers-restricted appliance who initially obtained their licenses prior to January 1, 2002.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The rules require the records of those individuals who passed a structural welding qualifying test to be kept for 5 years instead of 4 years.
3. Types of professional skills necessary for compliance with the rules.
There are no types of professional skills necessary for compliance with the proposed rules.
4. Rules have a significant economic impact on small businesses.
No
Fiscal Effect
The Safety and Buildings Division is responsible for administering and enforcing rules relating to protecting public safety and health in public buildings, places of employment and one- and 2-family dwellings. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing those rules. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.
The proposed rules will not have a significant fiscal effect on the private sector.
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
cdunn@commerce.state.wi.us.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1),
101.63 (1),
101.73 (1) and
101.82, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 16, relating to electrical construction.
The public hearing will be held as follows:
Date & Time: Monday, February 28, 2005 at 10:00 a.m.
Location: Room 3B, Thompson Commerce Center
201 West Washington Avenue
Madison
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 this proposed rulemaking will remain open until
March 11, 2005, 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 Ronald Acker, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
racker@commerce.state.wi.us.
This hearing is held in 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.
Analysis of Proposed Rules
General Summary
Chapter
Comm 16, Electrical Code, establishes safety and health requirements for the installation of electrical wiring, communication systems and electrical equipment in places of employment, public buildings, dwellings and other premises such as carnivals, parking lots, mines, trenches, manufactured homes and recreational vehicles. The chapter incorporates by reference the National Fire Protection Association (NFPA) standard NFPA 70 – National Electrical Code (NEC). In addition, the chapter includes amendments that clarify or supplement the electrical standards contained in the NEC. Chapter
Comm 16 also establishes rules for the electrical inspection of farms, public buildings and places of employment.
The proposed rules consist of an update of chapter Comm 16, including the incorporation by reference of the 2005 edition of the NEC. The proposed rules do not contain any revisions to the current rules for the electrical inspection of farms, public buildings and places of employment. The majority of the proposed changes are administrative in nature and involve numbering and code location.
Detailed Summary
The following is a summary of the major changes in the proposed rules. [The numbers in brackets indicate where the rule change can be found in the rule draft.]
1. Deleting several Wisconsin amendments to the NEC as a result of changes in the 2005 edition of the NEC. For example, because of changes in NEC 210.52 (E) of the 2005 NEC relating to the location of dwelling unit outdoor outlets, section
Comm 16.22 is being deleted.
2. Deleting the NEC requirement for concealing nonmetallic sheathed cables in non-dwellings of Type III, IV or V construction within walls, floors or ceilings that provide a 15-minute finish rating. [Comm 16.327]
3. Adding 2 new rules to clarify the placement of a generator used as an emergency or legally required power source relative to the utility transformer. [Comm 16.45 (2) and 16.48]
Federal Comparison
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 (NEC). An Internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to the activities to be regulated by the rule.
Title
7 CFR Part 1755 – Telecommunications Standards and Specifications for Materials, Equipment and Construction. This regulation in the Department of Agriculture applies to telecommunication wiring and equipment, and requires compliance with the 1993 NEC.
Title
24 CFR Part 3280 – Manufactured Home Construction and Safety Standards. This regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 1993 NEC.
Title
29 CFR Part 1910 – Occupational Safety and Health Standards. Subpart S of this regulation in the Department of Labor contains detailed electrical safety requirements that are necessary for the practical safeguarding of employees in their workplaces.
Title
29 CFR Part 1926 – Safety and Health Regulations for Construction. Subpart K of this regulation in the Department of Labor contains detailed electrical safety requirements that are necessary for the practical safeguarding of employees involved in construction work.
Title
30 CFR Part 57 – Safety and Health Standards –- Underground Metal and Nonmetal Mines. Subpart K of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines.
Title
30 CFR Part 75 – Mandatory Safety and Health Standards –- Underground Coal Mines. Subpart F of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground coal mines.
An Internet-based search of the 2003, 2004 and 2005 issues of the Federal Register found the following proposed regulations relating to the installation of electrical wiring and equipment.
April 5, 2004
Register, 29 CFR Part 1910. The Occupational Safety and Health Administration in the Department of Labor proposed to revise the general industry electrical installation standard found in Subpart S of
29 CFR Part 1910. The requirements in the revised standard draw heavily from the 2002 edition of the NEC.
June 25, 2004
Register, 30 CFR Part 75. The Mine Safety and Health Administration in the Department of Labor proposed to allow the use of low- and medium-voltage diesel-powered electrical generators as an alternative means of powering electrical equipment.
July 16, 2004
Register, 30 CFR Part 75. The Mine Safety and Health Administration in the Department of Labor proposed to establish new electrical safety standards for the installation, use and maintenance of high-voltage continuous mining machines used in underground coal mines.
December 1, 2004
Register, 24 CFR Part 3280. The Department of Housing and Urban Development proposed amendments to the Construction and Safety Standards for manufactured homes by adopting recommendations made to HUD by the Manufactured Housing Consensus Committee. The electrical systems amendments are consistent with the 1996 NEC.
State Comparison
An Internet-based search of adjacent states' rules found the following regulations that include requirements relating to electrical construction.
•
Illinois does not administer a state electrical code.
•
The Iowa Department of Public Safety administers the Iowa Building Code, which adopts the 1996 edition of the National Electrical Code with no amendments.
•
The Michigan Department of Labor and Economic Growth administers the Michigan Construction Code, which adopts the 2002 edition of the National Electrical Code with amendments.
•
The Minnesota Department of Administration, Building Codes and Standards Division, administers the Minnesota State Building Code, which adopts the 2002 edition of the National Electrical Code with no amendments.
Advisory Council
The proposed rules have been developed with the assistance of the Electrical Code Advisory Council. The members of that citizen advisory council are as follows:
Name Representing
Shannon Clark WI Electric Cooperative Assn.
Mark Cook WI Public Service Commission
Terry Fameree International Assn. of Electrical
Inspectors
Robert A. Fass Wisconsin Utilities Association
David Hansen Dept. of Agriculture, Trade &
Consumer Protection
Ronald L. Jahnke NECA, Wisconsin Chapter
Ronald Janikowski International Assn. of Electrical
Inspectors
Norbert Jarzynski Wisconsin State AFL-CIO
Charles L. Johansen Wisconsin Builders Association
Richard Lynes Assoc. Builders & Contractors of WI
Ronald E. Maassen NECA, Milwaukee Chapter
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
rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Environmental Analysis
Notice is hereby given that 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.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Any business involved with the installation of electrical wiring, communication systems or electrical equipment will be affected by the rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
