Explanation of agency authority
Section
101.82 (1), Stats., grants the Department of Commerce general authority for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the installation, repair and maintenance of electrical wiring.
Summary of proposed rules
The primary revisions to chapter Comm 16 are to adopt the most current edition of the National Electrical Code (NEC). In addition to bringing the state electrical code up to date with current technology, the proposed revisions clarify or supplement the electrical standards contained in the 2008 edition of the NEC. The proposed rules contain a number of modifications to the technical requirements within these standards, reorganization of current requirements and editorial changes. The following is a summary of the major proposed changes to this chapter:
a. Adopt by reference the most current edition of the NEC and include correct cross-references to these standards. [Comm 16.014]
b. Require tamper-resistant receptacles and arc-fault circuit-interrupter protection for all new dwelling construction. [NEC 406.11 and NEC 210.12 and Comm 16.210 (2) (a) and (b) and Comm 16.210 (4)]
c. Renumber the code sections in subchapters I, II, III and IV to correspond more closely with the article and section numbers in the NEC.
d. Update or delete several Wisconsin amendments that referenced the NEC because of changes in the 2008 edition.
Comparison with federal regulations
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 this rule:
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Title
7 CFR Part 1755 – Telecommunications Standards and Specifications for Materials, Equipment and Construction. This regulation in the Department of Agriculture applies to telecommunications wiring and equipment, and requires compliance with the 1993 NEC.
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Title
24 CFR Part 3280 – Manufactured Home Construction and Safety Standards Subpart I – Electrical Systems. This regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 2005 NEC.
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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.
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Title 29 CFR Subpart 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.
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Title 30 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.
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Title 30 Part 75 – Mandatory Safety 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.
Comparison with rules in adjacent states
An Internet-based search found that all adjacent states except Illinois adopt by reference various editions of the NEC. Michigan also creates amendments to the adopted standard similar to Wisconsin.
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Illinois does not administer a state electrical code.
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The Iowa Department of Public Safety administers the Iowa Building Code that adopts the 2005 edition of the NEC with no amendments.
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The Michigan Department of Labor and Economic Growth administers the Michigan Construction Code that adopts the 2005 edition of the NEC with amendments. The arc-fault protection requirement was adopted as part of the 2003 Michigan Residential Code that became effective February 29, 2004.
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The Minnesota Department of Labor and Industry, Building Codes and Standards Division, administers the Minnesota State Building Code that adopts the 2005 edition of the NEC with no amendments.
Summary of factual data and analytical methodologies
The primary methodology for updating the Wisconsin Electrical Code, chapter Comm 16 has been a review and assessment of the latest edition of the national technical standards that serve as the basis for Wisconsin code. Staff prepared a comprehensive comparison of the changes in the 2008 edition of the NEC to the 2005 edition currently adopted under Comm 16. The department's review and assessment process involved the participation of the Electrical Code Advisory Council. The members of that Council represent the many stakeholders involved in the electrical industry including utility representatives, inspectors, labor and building contractors. (A listing of the Electrical Code Advisory Council is provided at the end of this analysis.)
The department believes the national model codes reflect current societal values with respect to safeguarding people and property from hazards arising from the use of electricity.
The NEC (formally known as ANSI/NFPA 70) is a national standard for the safe installation of electrical wiring and equipment. It is part of the National Fire Codes series published by the National Fire Protection Association (NFPA). The NEC is developed by NFPA's Committee on the National Electrical Code, which consists of 20 code-making panels and a technical correlating committee. The NEC is approved as an American National Standard by the American National Standards Institute (ANSI). First published in 1897, the NEC is updated and published every three years. The 2008 Code is the most recent edition, approved on August 15, 2007. Most states adopt the most recent edition within a couple of years of its publication.
More information on the development of these national model codes may be obtained from the NFPA web site at
www.nfpa.org or from the NEC web site at
www.necplus.org.
Analysis and supporting documents used to determine effect on small business
The department used the Electrical Code Advisory Council to gather and analyze information on potential impacts in complying with both the technical and administrative requirements of the codes. Many small businesses belong to the industry associations that sit on the advisory council. A responsibility of council members is to bring forth concerns that their respective organizations may have with the requirements including economic impact.
The proposed rule changes also were shared with the Commercial Buildings Code Council, Uniform Dwelling Code Council, and Multifamily Dwelling Code Council.
In addition to posting rule development and council activities on the department's web site, the department offers an Email subscription service that is available to all small businesses. This service provides Email notification of council meetings, meeting, agendas and council meeting progress reports so small businesses can follow proposed code changes.
Adopting the most current edition of the NEC will not impose a significant impact on small businesses involved in the inspection, maintenance, service and installation of electrical wiring.
Initial Regulatory Flexibility Analysis
Types of small businesses that will be affected by the rules
The proposed rules will affect any business involved with the design and installation of electrical wiring, communication systems or electrical equipment.
Reporting, bookkeeping and other procedures required for compliance with the rules
There are no reporting, bookkeeping or other procedures required for compliance with the rules.
Types of professional skills necessary for compliance with the rules
There are no additional professional skills necessary for compliance with the rules.
Will the rules have a significant economic impact on small businesses?
No.
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.
Fiscal Estimate
Summary
The Safety and Buildings Division is responsible for administering and enforcing rules relating to the installation of electrical wiring and equipment in chapter Comm 16. The proposed rules adopt by reference the latest edition of the National Electrical Code (NEC) published by the National Fire Protection Association and clarify existing technical requirements. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing chapter Comm 16. The proposed rules will not create any additional workload costs; therefore, they will not have any fiscal effect on the division.
The proposed rules will not have a fiscal effect on other state agencies or local governments.
The proposed adoption of 2008 NEC will require the installation of tamper-resistant receptacles and arc-fault circuit-interrupter protection in all new dwelling construction. Tamper-proof receptacles cost an additional 50 cents or about 80 to 90 cents each. An average dwelling has about 80 receptacles, so the additional cost to install tamper-resistant receptacles would be $40 per dwelling. The additional cost for each arc-fault circuit-interrupter unit is $35 and the number to be installed varies per building. On the average, approximately five arc-fault circuit-interrupters are needed for a dwelling for a total cost of $175. The estimated cost to install tamper-resistant receptacles and arc-fault circuit-interrupters in an average dwelling would be $215. Labor costs are not affected by the proposal.
State fiscal effect
None.
Local fiscal effect
None.
Fund sources affected
PRO.
Long-range fiscal implications
None known.
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1),
101.63 (1),
101.64 (3),
101.72 and
101.74, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapters Comm 20 to 25 relating to the Uniform (1-2 Family) Dwelling Code.
Hearing Information
The public hearing will be held as follows:
Date and Time:
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Location:
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June 19, 2008
Thursday
10:30 a.m.
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Thompson Commerce Building
Third Floor Conference Rm. #3B
201 W. Washington Avenue
Madison, Wisconsin
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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.
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 this proposed rulemaking will remain open until
July 7, 2008, 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 Duane Hubeler, at the Department of Commerce, P.O. Box 2658, Madison, WI 53701-2658, or Email at
duane.hubeler@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.
Agency Contact Person
Small Business Regulatory Coordinator
Carol Dunn, at (608) 267-0297, or Email at carol.dunn@ wisconsin.gov.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
Explanation of agency authority
Under the statute sections listed above, the Department of Commerce has the responsibility to adopt rules that establish uniform, statewide standards for the construction of 1- and 2-family dwellings. This code, in its entirety, first went into effect in 1980. Sections
101.63 (5) and
101.73 (8), Stats., require the department to review these rules on a biennial basis.
Summary of proposed rules
The vast majority of these proposed rule changes are intended to clarify current policies and requirements. The substantial changes to the code are as follows:
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Sections
Comm 20.02 (1),
20.09 and
20.10 relating to scope of the code, permit issuance and inspections, respectively, have been reformatted and expanded.
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Section
Comm 20.24 on adopted national standards is updated to include the latest editions. One standard on duct construction is dropped and two new ones on fire sprinkler construction and log home construction are added.
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Section
Comm 21.24 (4) has new requirements for water-resistive barriers under the exterior covering of the dwelling.
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Section
Comm 21.25 (7) has new requirements for the construction of short “cripple walls" on top of foundation walls.
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Sections
Comm 21.25 (8) and
(9) has new requirements for wind bracing of wood frame walls that bring the Wisconsin requirements in line with national standards.
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Chapter Comm 22, containing the energy conservation requirements, is repealed and recreated to bring the Wisconsin requirements in line with the national model energy code. There are new prescriptive component requirements as an alternative to the traditional total envelope heat loss requirements.
Comparison with federal regulations
