Statement of Scope
Department of Safety & Professional Services
Rule No.: | SPS 316, SPS 305, SPS 302 |
Relating to: | Electrical Code |
1. Finding/nature of emergency (Emergency Rule only):
N/A
2. Detailed description of the objective of the proposed rule:
The objective of this rulemaking project is to update Wisconsin’s Electrical Code to the 2017 edition of the National Electrical Code (NEC) while evaluating the electrical requirements in SPS 316 that add or modify requirements to the NEC.
This rule-making project will also develop a statewide electrical inspection program pursuant to 2007 Wisconsin Act 63. The project may address administrative issues flowing from the statutory mandate that inspection of electrical construction must occur in municipalities that have not adopted and enforced ordinances for the inspection of electrical construction. Code chapters incidentally affected by this project may be revised to assure clarity and consistency of the rules. The rules will also be reviewed in relation to Governor Walker's Executive Order No. 61 which directs the Department to analyze its rules to increase efficiency and decrease costs to small businesses.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
Currently, the Department’s electrical rules can be found in ch. SPS 316. Subchapter III outlines Wisconsin’s partial adoption of prior versions of the NEC and s. SPS 316.014 (1) (a) incorporates the 2011 NEC by reference. The Wisconsin Electrical Code has incorporated the NEC by reference since 1972. The 2014 NEC revised the prior version to enhance clarity and usability. It was also changed to accommodate the electrical needs of emerging alternative energy systems. The development of the 2017 NEC is currently underway, with a first draft already published. The Department will be writing these rules while following the development of the new revisions. This rule making project will not be completed until after the 2017 NEC has been published. To keep current, an evaluation of the new NEC changes is required. Outdated codes can lead to confusion in the industry and delay adoption of new technologies that benefit consumers.
The Department has provided limited electrical inspection along with consultation on the electrical code. The topic of increased electrical inspection will be considered and discussed along with the creation of administrative rules in keeping with the statutory mandate of 2007 Act 63. Without these changes, the code would fall out of step with the statutory requirements leading to confusion and noncompliance. As part of this review, Wisconsin’s electrical code will be examined for opportunities to increase efficiency and decrease costs to small businesses pursuant to Executive Order No. 61.
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
S. 227.11 (2) (a), Stats. empowers the Department of Safety and Professional Services to promulgate rules interpreting the provision of any statute the Department enforces or administers. Additionally, s. 101.02 (1), Stats. states, "[t]he department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings." The Department is given specific powers regarding the electrical code, inspections, and fee setting as follows.
S. 101.82, Stats., reads in part: Departmental duties. The department shall: (1) Promulgate by rule a state electrical wiring code that establishes standards for installing, repairing, and maintaining electrical wiring. Where feasible, the rules shall reflect nationally recognized standards.
(1g) Regulate all of the following types of electricians:
(a) Master electricians, including residential master electricians.
(b) Journeyman electricians, including residential journeyman electricians and industrial journeyman electricians.
(c) Electrical apprentices, including residential electrical apprentices and industrial electrical apprentices.
(d) Registered electricians.
(1m) Promulgate rules that establish criteria for the enrollment of registered electricians and for the registration of electrical apprentices.
(1n) Promulgate rules that establish procedures for the enrollment of registered electricians, the registration of electrical apprentices, and the licensing of journeyman electricians and master electricians.
(1r) Promulgate rules that establish requirements for the supervision of registered electricians. Registered electricians must be supervised by licensed journeyman or master electricians.
(1v) Promulgate rules that establish criteria and procedures for the licensing of electrical contractors.
