Department of Safety and Professional Services
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES,
ADOPTING RULES
CLEARINGHOUSE RULE 14-049
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ORDER
An order of the Department of Safety and Professional Services to amend SPS 305.40 (2) (b); (3) (b); (4) (a) 1., (b), (c), and (d) 1.; and (5); and to create SPS Table 305.02 Row 24r, Table 305.06 Row 19r, 305.40 (1) (bm), and 305.437 relating to registration of electricians who are exempt from passing an examination and from acquiring continuing-education credits.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section 101.862 (5) (b) requires the Department to promulgate rules establishing criteria and procedures for issuing licenses to electricians who were born on or before January 1, 1956, and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring. Section 227.11 (2) (a) authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute. Related statute or rule:
Chapter SPS 316 contains Wisconsin’s statewide requirements for installing electrical and communication conductors and equipment for public or private buildings and places of employment. Plain language analysis:
These rule revisions establish a registration process for electricians who were born on or before January 1, 1956; and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring.
This registration process includes submitting proof of meeting the age and experience requirements – and includes exemption from the following licensing requirements that the Department applies to other electricians: initial examination, continuing education, credential renewal, being supervised, and having someone else be responsible for some of the electrical work.
This registration process also includes allowing these registered electricians to do any electrical work that is otherwise limited to master electricians, such as supervising other electricians or being responsible for the work of other electricians.
Summary of, and comparison with, existing or proposed federal regulation:
An Internet search of U.S. federal regulations and the U.S. Federal Register yielded no results regarding licensure of electricians.
Comparison with rules in adjacent states:
An Internet search of state-level rules for electrical licensure in the adjacent states yielded the following results:
Illinois: Illinois does not license or certify electricians or electrical contractors at the state level. Electrical licensing and certification is at the discretion of the local municipality.
Iowa: As of January 1, 2008, Iowa requires electrical contractors and electricians to be state-licensed. License types for electricians include Class A and Class B master, Class A and Class B journeyman, apprentice, unclassified, and special. Examination is required for Class A licenses. No exemption was found relating to age and experience.
Michigan: Michigan law requires licensing of electrical contractors and electricians. Examinations and state residency are required. Michigan also provides a number of licensing exemptions similar to those addressed under section 101.862 (4) of the Statutes, but no exemption was found relating to age and experience. Minnesota: Minnesota law dictates that electrical work be performed by state-licensed electrical contractors and electricians or under the direct supervision of licensed electricians. Examinations and prerequisite experience are required, but no exemption was found relating to age and experience.
Summary of factual data and analytical methodologies:
The proposed rules were developed by reviewing the corresponding provisions of 2013 Wisconsin Act 143 in conjunction with the current electrical credential rules in chapter SPS 305. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed rules implement the mandates imposed by 2013 Wisconsin Act 143. The Department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act. Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business:
These rule revisions are not expected to have an economic impact on small businesses as defined in section 227.114 (1) of the Statutes. The Department’s Regulatory Review Coordinator may be contacted by e-mail at Tom.Engels@wisconsin.gov, or by calling (608) 266-8608. Agency contact person:
Dan Smith, Administrative Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI, 53708-8366; or at telephone (608) 261-4463; or by e-mail at Daniel2.Smith@wisconsin.gov; or by telecommunications relay services at 711. ----------------------------------------------------------------------------------------------------------------------
TEXT OF RULE
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SECTION 1.
SPS Table 305.02 Row 24r is created to read:Table 305.02 FEES (Partial Table, title and column headings are provided for reference only.) |
| License, Certification or Registration Category | Type | Application Fee | Examination Fee | License, Certification or Registration Fee |
24r. | Registered Master Electrician | Registration | $35 | NA | $150 |
