Rule-Making Notices (Hearing Notices)

•   Title 29 CFR, Part 1926 — Safety and Health Regulations for Construction. Subpart K of this regulation in the Department of Labor contains installation safety requirements, safety-related practices, safety-related maintenance and environmental considerations, and safety requirements for special equipment necessary to safeguard employees involved in construction work.

•   Title 30 CFR, Part 75 — Mandatory Safety Standards — Underground Coal Mines. Subpart F of this regulation in the Department of Labor contains electrical safety requirements for the protection of employees working in underground coal mines.

•   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 24 CFR, Part 3280 — Manufactured Home Construction and Safety Standards. Subpart I of this regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 2005 NEC®.

•   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 NEC®.

The Occupational Safety and Health Administration (OSHA) revised the general industry electrical installation standard found in Subpart S of Title 29 CFR, Part 1910, effective on August 13, 2007. The Agency determined that electrical hazards in the workplace pose a significant risk of injury or death to employees, and that the requirements in the revised standard, which draw heavily from the National Fire Protection Association's (NFPA) Electrical Safety Requirements for Employee Workplaces (NFPA 70E), and the NEC®, are reasonably necessary to provide protection from these hazards. This revised standard focuses on safety in the design and installation of electric equipment in the workplace. In the October 29, 2008, Federal Register, the Agency revised the regulatory text to clarify OSHA's scope and corrected some typographical errors.

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®.

•   Illinois does not administer a state electrical code.

•   The Iowa Department of Public Safety administers the Iowa Building Code that adopts the 2011 edition of the NEC® with modifications.

•   The Michigan Department of Labor and Economic Growth administers the Michigan Construction Code that adopts by reference the 2008 edition of the NEC ® with modifications.

•   The Minnesota Department of Labor and Industry, Building Codes and Standards Division, administers the Minnesota State Building Code that incorporates by reference the 2011 edition of the NEC®.

Summary of factual data and analytical methodologies

The primary methodology for updating the Wisconsin Electrical Code, ch. SPS 316 has been a review and assessment of the latest edition of the national technical standards that serve as the basis for Wisconsin code. Staff compared the changes in the 2011 edition of the NEC ® to the 2008 edition currently adopted under ch. SPS 316 and solicited code change proposals.

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. The Council reviewed and discussed 37 code change proposals at its meetings.

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 2011 edition of NFPA 70®, NEC®is the most adopted code in the United States. Part of the National Fire Codes series published by the National Fire Protection Association (NFPA), the 2011 NEC® sets the benchmark for safe electrical design, installation, and inspection. 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 3 years. Most states adopt the most recent edition within a year of its publication to safeguard people and property.

More information on the development of this national model code may be obtained from the NFPA web site at www.nfpa.org or from the NEC® web site at www.necplus.org.

The Department has ensured the accuracy, integrity, objectivity and consistency of data were used in preparing the proposed rule and related analysis.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis

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 NEC®. 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 and concerned interests. This service provides email notification of council meetings, meeting agendas, and council meeting progress reports so interested parties 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.

Fiscal Estimate and Economic Impact Analysis

The Fiscal Estimate and Economic Impact Analysis is attached.

Initial Regulatory Flexibility Analysis or Summary

The proposed rules update the Electrical Code, ch. SPS 316, to reference the 2011 edition of the National Electrical Code®. Currently, the Electrical Code references the 2008 edition.

No reporting, bookkeeping, and other procedures required for compliance with the rules.

No professional skills are required for compliance with the rules above those needed under the current rules.

Effect on Small Business

These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Environmental Assessment

The Department has considered the environmental impact of the proposed rules. In accordance with ch. SPS 301, 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.

Agency Contact Person

James Quast, Program Manager, [e-mail], [phone] or by telecommunications relay services at 711.

STATE OF WISCONSIN DEPARTMENT OF ADMINISTRATION DOA-2049 (R03/2012)	Division of Executive Budget and Finance 101 East Wilson Street, 10th Floor P.O. Box 7864 Madison, WI 53707-7864 FAX: [phone]
ADMINISTRATIVE RULES Fiscal Estimate & Economic Impact Analysis

1. Type of Estimate and Analysis
X Original   ⍽ Updated   ⍽ Corrected
2. Administrative Rule Chapter, Title, and Number
Chapter SPS 316, Electrical
3. Subject
Electrical Construction
4. Fund Sources Affected			5. Chapter 20, Stats. Appropriations Affected
⍽ GPR   ⍽ FED   X PRO   ⍽ PRS   ⍽ SEG   ⍽ SEG-S			20.165 (2) (j)
6. Fiscal Effect of Implementing the Rule
⍽ No Fiscal Effect ⍽ Indeterminate	⍽ Increase Existing Revenues ⍽ Decrease Existing Revenues		X Increase Costs X Could Absorb Within Agency's Budget ⍽ Decrease Cost
7. The Rule Will Impact the Following (Check All That Apply)
⍽ State's Economy ⍽ Local Government Units		⍽ Specific Businesses/Sectors ⍽ Public Utility Rate Payers ⍽ Small Businesses (if checked, complete Attachment A)
8. Would Implementation and Compliance Costs Be Greater Than $20 million? ⍽ Yes     X No
9. Policy Problem Addressed by the Rule
The Department is responsible for establishing standards for electrical wiring. Under s. 101.82 (1), Stats., the rules are to reflect nationally recognized standards. The electrical wiring rules of chapter SPS 316 adopt and reference the 2008 edition of the National Electrical Code®, (NEC® ). The current edition of the NEC® is 2011. The rules propose to update and use the 2011 edition of the NEC® as the basic electrical wiring standards under ch. SPS 316.
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
The rules will affect any building, structure, or premises where the installation of electrical wiring will be undertaken, other than those buildings, structures, or premises regulated by the Public Service Commission. The rules will also affect any designer, installer, or inspector of electrical wiring along with owners and frequenters of buildings, structures, or premises where electrical wiring is installed. Any entity involved with the electrical industry will be affected.
11. Identify the local governmental units that participated in the development of this EIA.
The Department did not receive any comments or information specifically from any local governmental units during the solicitation period. Two inspector associations, Southeastern Wisconsin and East Central Wisconsin, indicate that they believed that there was no significant negative impact.
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units, and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
The proposed rules referencing and adopting the 2011 edition of the National Electrical Code®, (NEC ®), do not impose any new or additional submission or reporting obligations. The rules were developed with input from an advisory council that includes representatives of electricians, contractors, inspectors, and state agencies. Drafts of the rules were also shared with advisory councils for the commercial building code and the uniform dwelling code. A notice soliciting comments for the EIA was posted on the Department's web site and the Wisconsin Administrative Rule web site.
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
The proposed rules referencing and adopting the 2011 edition of the National Electrical Code®, (NEC ®), would provide a degree of protection for the safety of the public equivalent to that established by a national consensus model (code). The latest NEC ® is also used by manufacturers to design and construct electrical components, devices, and equipment. Leaving the code to reference an out-of-date edition would potentially increase the risk to public safety by setting lower design, operational, and maintenance thresholds in comparison to published engineering practices.
14. Long Range Implications of Implementing the Rule
No long range implications of implementing the rule are anticipated.
15. Compare With Approaches Being Used by Federal Government
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 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: •   Title 29 CFR, Part 1910 — Occupational Safety and Health Standards. Subpart S of this regulation in the Department of Labor contains design safety standards for electrical systems, safety-related work practices and maintenance requirements, and safety requirements for special electrical equipment to safeguard employees in their workplaces. Subpart R contains industrial lighting requirements and safe practices relating to lockouts and emergency lighting requirements for the safety of employees working in special industries. •   Title 29 CFR, Part 1926 — Safety and Health Regulations for Construction. Subpart K of this regulation in the Department of Labor contains installation safety requirements, safety-related practices, safety-related maintenance and environmental considerations, and safety requirements for special equipment necessary to safeguard employees involved in construction work. •   Title 30 CFR, Part 75 — Mandatory Safety Standards — Underground Coal Mines. Subpart F of this regulation in the Department of Labor contains electrical safety requirements for the protection of employees working in underground coal mines. •   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 24 CFR, Part 3280 — Manufactured Home Construction and Safety Standards. Subpart I of this regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 2005 NEC®. •   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 NEC®. The Occupational Safety and Health Administration (OSHA) revised the general industry electrical installation standard found in Subpart S of Title 29 CFR, Part 1910, effective on August 13, 2007. The Agency determined that electrical hazards in the workplace pose a significant risk of injury or death to employees, and that the requirements in the revised standard, which draw heavily from the National Fire Protection Association's (NFPA) Electrical Safety Requirements for Employee Workplaces (NFPA 70E), and the NEC®, are reasonably necessary to provide protection from these hazards. This revised standard focuses on safety in the design and installation of electric equipment in the workplace. In the October 29, 2008, Federal Register, the Agency revised the regulatory text to clarify OSHA's scope and corrected some typographical errors.
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
An Internet-based search found that all adjacent states except Illinois adopt by reference various editions of the NEC®. •   Illinois does not administer a state electrical code. •   The Iowa Department of Public Safety administers the Iowa Building Code that adopts the 2011 edition of the NEC® with modifications. •   The Michigan Department of Labor and Economic Growth administers the Michigan Construction Code that adopts by reference the 2008 edition of the NEC® with modifications. •   The Minnesota Department of Labor and Industry, Building Codes and Standards Division, administers the Minnesota State Building Code that incorporates by reference the 2011 edition of the NEC®.
17. Contact Name				18. Contact Phone Number
James Quast				[phone]

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