CR 19-099 Rule Text

DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

------------------------------------------------------------------------------------------------------------

IN THE MATTER OF RULEMAKING   :   ORDER OF THE

PROCEEDINGS BEFORE THE     :   DEPARTMENT OF SAFETY AND

DEPARTMENT OF SAFETY AND     :   PROFESSIONAL SERVICES

PROFESSIONAL SERVICES     :   ADOPTING RULES

            :   (CLEARINGHOUSE RULE 19-099)

------------------------------------------------------------------------------------------------------------

ORDER

An order of the Department of Safety and Professional Services to create SPS 302.35, relating to a fee schedule for commercial electrical inspections.

Analysis prepared by the Department of Safety and Professional Services.

------------------------------------------------------------------------------------------------------------

ANALYSIS

Statutes interpreted:

None.

Statutory authority:

Section 101.82 (4), Stats.

Explanation of board authority:

Section 101.82 (4), Stats., provides the Department shall “[e]stablish by rule a schedule of fees sufficient to defray the costs incurred under this subchapter.”

Related statute or rule:

Chapter SPS 316 provides the permitting and inspection requirements for commercial electrical systems.

Plain language analysis:

This rule updates ch. SPS 302 to provide a fee schedule for commercial electrical inspections.

Summary of, and comparison with, existing or proposed federal regulation:

None.

Summary of public comments and feedback on the statement of scope and the Department’s responses:

The Department held a public comment period and conducted a public hearing on June 7, 2019. The Department received written comments from RENEW Wisconsin and testimony from Bryan Preuss of Preuss Electric.

RENEW Wisconsin recommended the statement of scope include consideration for the following:



A separate fee schedule for the plan review and inspection of solar arrays.



Clarification that 3rd party electrical inspectors, certified by the State, are allowed to inspect solar PV systems and that the fees in SPS 302 apply to their services.

RENEW Wisconsin also requested that, although not in the scope of the rule, the Department clarify that minor additions to an electrical service do not trigger an inspection.

Mr. Preuss’ testimony focused on current fees, which he indicated were not sufficient to cover the inspection costs of 3rd party inspectors.

The Department did not modify the scope statement in response to the comments and testimony received. The scope statement is broad enough to allow the Department the flexibility to set fees, including fees for specific types of electrical systems, that are sufficient to defray inspection costs.

Comparison with rules in adjacent states:

Illinois: Illinois does not administer a statewide electrical program. Inspection fees are established by each municipality with administrative authority.

Iowa: The Iowa Department of Public Safety administers a statewide electrical program. Rules of the Department [661 IAC, 550.5 (1) to (8)] establish fees for services provided by the electrical inspection program. Generally, fees are assessed as follows:



The fee for each separate inspection of an installation, replacement, alteration, or repair is $25.



The fee for services, change of services, temporary services, additions, alterations, or repairs on either primary or secondary services are as follows:



Zero to one hundred ampere capacity, $25 plus $5 per branch circuit or feeder.



One hundred one to two hundred ampere capacity, $35 plus $5 per branch circuit or feeder.



For each additional one hundred ampere capacity or fraction thereof, $20 plus $5 per branch circuit or feeder.

The rules also specify the fees assessed for field irrigation systems, reinspections, inspections requested by an owner, fire and accident inspections, inspections for installations requiring more than six months in the process of construction, and inspections for installations for which a permit has not been filed.

Michigan: The Michigan Department of Licensing and Regulatory Affairs administers a statewide electrical program through the Construction Code Commission. Rules of the Department do not establish specific inspection fees, but require fees charged by townships, villages, cities, counties and the Commission for inspection of construction to bear a reasonable relationship to all costs, including overhead of services rendered [Mich Admin Code, R 408.30221 (1)].

Minnesota: The Minnesota Department of Labor and Industry administers a statewide electrical program. The Minnesota statutes establish fees for electrical inspections [2018 Minnesota Statutes, Section 326B.37]. Generally, fees are assessed as follows:



The minimum fee for each separate inspection of an installation, replacement, alteration, or repair is $35.



The inspection fee for the installation, addition, alteration, or repair of each service, change of service, temporary service, generator, other power supply source, or feeder to a separate structure:



Zero ampere to and including 400 ampere capacity, $35.



Four hundred and one ampere to and including 800 ampere capacity, $60.



Ampere capacity above 800, $100.



The inspection fee for the installation, addition, alteration, or repair of each circuit, feeder, feeder tap, or set of transformer secondary conductors, including the equipment served:



Zero ampere to and including 200 ampere capacity, $6.



Ampere capacity above 200, $15.

The statutes also specify the fees for inspections of one- and 2-family dwellings, reinspections, special inspections, inspections of transitory projects, inspections of wind electric systems, and inspections of photovoltaic systems.

Summary of factual data and analytical methodologies:

The Department analyzed the costs associated with providing commercial electrical inspections and has developed a fee schedule sufficient to defray those costs.

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

The rules were posted for a period of 14 days to solicit public comment on economic impact, including how the rules may affect businesses, local government units, and individuals. No comments were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis document is attached.

Effect on small business:

These rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator, Dan Hereth, may be contacted by calling [phone].

Agency contact person:

Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received at or before the public hearing to be held at 1:00 p.m. on August 22, 2019, to be included in the record of rule-making proceedings.

------------------------------------------------------------------------------------------------------------

TEXT OF RULE