SPS 316.006(7)
(7) “One- and 2- family dwellings” means any buildings that contain one or 2 dwelling units the construction of which commenced on or after December 1, 1978.
SPS 316.006 Note
Note: Under s.
101.01 (11), Stats., “place of employment” includes every place, whether indoors or out or underground and the premises appurtenant thereto where either temporarily or permanently any industry, trade or business is carried on, or where any process or operation, directly or indirectly related to any industry, trade or business, is carried on, and where any person is, directly or indirectly, employed by another for direct or indirect gain or profit, but does not include any place where persons are employed in private domestic service which does not involve the use of mechanical power or in farming. “Farming” includes those activities specified in s.
102.04 (3), Stats., and also includes the transportation of farm products, supplies or equipment directly to the farm by the operator of said farm or employees for use thereon, if such activities are directly or indirectly for the purpose of producing commodities for market, or as an accessory to such production. When used with relation to building codes, “place of employment” does not include an adult family home, as defined in s.
50.01 (1), Stats., or, except for the purposes of s.
101.11, Stats., a previously constructed building used as a community-based residential facility, as defined in s.
50.01 (1g), Stats., which serves 20 or fewer residents who are not related to the operator or administrator.
SPS 316.006 Note
Note: Under s.
101.01 (12), Stats., “public building” means any structure, including exterior parts of such building, such as a porch, exterior platform or steps providing means of ingress or egress, used in whole or in part as a place of resort, assemblage, lodging, trade, traffic, occupancy or use by the public or by 3 or more tenants. When used in relation to building codes, “public building” does not include a previously constructed building used as a community-based residential facility as defined in s.
50.01 (1g), Stats., which serves 20 or fewer residents who are not related to the operator or administrator or an adult family home, as defined in s.
50.01 (1), Stats.
SPS 316.006 History
History: CR 16-093: cr.
Register June 2018 No. 750, eff. 8-1-18; correction in (5) made under s.
13.92 (4) (b) 7., Stats.,
Register June 2018 No. 750;
correction in (5) made under s.
13.92 (4) (b) 7., Stats.,
Register November 2018 No. 755.
SPS 316.007
SPS 316.007 Adoption of standards by reference. SPS 316.007(1)(1)
Primary Standards. The following standards are incorporated by reference into this chapter, subject to the modifications specified in this chapter:
SPS 316.007(1)(a)
(a) Except as provided under par.
(am), National Fire Protection Association (NFPA), One Batterymarch Park, Quincy, MA 02169-7471, telephone 800-344-3555,
www.nfpa.org: NFPA 70 National Electrical Code, (NEC) – 2017.
SPS 316.007 Note
Note: Copies of the standards are on file in the offices of the Department and the Legislative Reference Bureau. A copy of the code may be purchased from the organization listed or may be reviewed on the organization's website at no cost if the person is a registered user for the site.
SPS 316.007(1)(am)
(am) Prior to January 1, 2020, for all electrical wiring, installations, equipment, and materials used in the construction of one- and 2- family dwellings, National Fire Protection Association (NFPA), One Batterymarch Park, Quincy, MA 02169-7471, telephone 800-344-3555,
www.nfpa.org: NFPA 70 National Electrical Code, (NEC) – 2011.
SPS 316.007(1)(b)
(b) If a requirement in the standards adopted in pars.
(a) and
(am) contain a cross-reference to another requirement modified by this chapter, the modification shall apply to the cross-reference unless specified otherwise in this chapter.
SPS 316.007(2)
(2)
Secondary references. Any codes or standards referenced in the standards adopted in sub.
(1) (a) and
(am) shall apply to the prescribed extent of each such reference, except as modified by this chapter.
SPS 316.007(3)
(3)
Alternate standards. Any alternate standard that is equivalent to or more stringent than a standard incorporated by reference or otherwise referenced under this chapter may be used in lieu of the incorporated or referenced standard if the alternate standard is accepted in writing by the department.
SPS 316.007 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; am. (1),
Register, March, 1994, No. 459, eff. 4-1-94; am. (1),
Register, August, 1996, No. 488, eff. 9-1-96; r. and recr.,
Register, September, 1999, No. 525, eff. 10-1-99;
CR 02-072: r. (1), renum. (2) to be Comm 16.12 and am.
Register April 2003 No. 568, eff. 5-1-03;
CR 05-010: am.
Register August 2005 No. 596, eff. 9-1-05;
CR 08-047: renum. from Comm 16.12 and am.
Register February 2009 No. 638, eff. 3-1-09;
CR 13-042: r. and recr.
Register November 2013 No. 695, eff. 12-1-13;
CR 16-093: renum. from SPS 316.014 and am. (1) (intro.), (a), cr. (1) (am), am. (1) (b), (2)
Register June 2018 No. 750, eff. 8-1-18.
SPS 316.011(1)(a)(a)
Jurisdiction conditions. Pursuant to s.
101.86 (1), Stats., municipalities may exercise jurisdiction over the inspection of electrical wiring installations at farms, public buildings, places of employment, campgrounds, manufactured home communities, public marinas, piers, docks, or wharves and recreational vehicle parks provided the municipality complies with all of the following:
SPS 316.011(1)(a)1.
1. The municipality holds a registration issued by the department as an inspection agency for the purpose of issuing permits and inspecting electrical wiring at farms, public buildings, places of employment, campgrounds, manufactured home communities, public marinas, piers, docks, or wharves and recreational vehicle parks.
SPS 316.011(1)(a)2.
2. The municipality notifies the department at least 60 days prior to the date upon which the municipality intends to assume the jurisdiction.
SPS 316.011(1)(a)3.
3. The municipality provides the department with a copy of its electrical ordinances and subsequent revisions to the ordinances.
SPS 316.011(1)(a)5.
5. The municipality employs or contracts with certified commercial electrical inspectors or independent inspection agencies to perform electrical inspection activities.
SPS 316.011(1)(a)6.
6. The municipality provides the department with the names of its certified commercial electrical inspectors and independent inspection agencies employed or contracted by the municipality, if applicable.
SPS 316.011 Note
Note: Section
13.48 (13), Stats., exempts state buildings from local ordinances or regulations relating to building construction, permits, and similar restrictions.
SPS 316.011 Note
Note: These provisions do not limit municipal authority to implement regulatory oversight for other electrical wiring installations at other locations not addressed under this section. The permitting and inspection of electrical wiring installations for the construction of new one- and 2- family dwellings are addressed under ch.
SPS 320.
SPS 316.011(1)(b)
(b)
County. Ordinances enacted by a county under this subsection establishing electrical inspection functions may not prevent or prohibit a municipality within that county from assuming those functions at any time.
SPS 316.011 Note
Note: Pursuant to s.
101.86 (1) (a), Stats., a county ordinance shall apply in any city, village or town which has not enacted such an ordinance.
SPS 316.011(1)(c)
(c)
Relinquishing of jurisdiction. A municipality shall notify the department, in writing, at least 60 days prior to the date upon which the municipality intends to relinquish jurisdiction responsibilities.
SPS 316.011(2)(a)
(a) In municipalities not exercising jurisdiction under sub.
(1), the department shall provide permit and inspection services for the installation of electrical wiring on farms and in public buildings, places of employment, campgrounds, manufactured home communities, public marinas, piers, docks, or wharves and recreational vehicle parks.
SPS 316.011(2)(b)
(b) Pursuant to ss.
101.02 (5) and
(15) and
101.82 (2m), Stats., municipalities engaging in providing plan review, permit issuance, or inspections regarding electrical wiring under the scope of this chapter as a designated inspection agency may be monitored or audited by the department for compliance with administrative requirements of this chapter and s.
SPS 305.627.
SPS 316.011 History
History: CR 16-093: cr.
Register June 2018 No. 750, eff. 8-1-18, except (1) (a) 1., eff. 3-1-19, and (2), eff. 1-1-20.
SPS 316.012(1)(a)
(a) Except for an electrical wiring project described in s.
101.875 (2), Stats., and as provided in par.
(b), no electrical wiring project may commence unless the owner of the premises where the installation is to occur or their agent holds a permit from the designated inspection agency if the project involves the installation of new or an addition to any electrical service, feeder, or branch circuit serving any of the following:
SPS 316.012(1)(b)
(b) Under emergency conditions, the necessary electrical wiring may commence without obtaining a permit, provided the owner of the premises where the installation is to occur or their agent submits a permit application to the inspection agency designated by the department to provide electrical inspections for the installation no later than the next business day after commencement of the installation.
SPS 316.012(2)
(2) The application for a permit required under sub.
(1) shall contain all of the following information:
SPS 316.012(2)(e)2.
2. The name and license number of the master electrician, residential master electrician, or registered master electrician under s.
SPS 305.437 responsible for the installation, unless exempted under s.
101.862 (4), Stats.
SPS 316.012(3)(a)(a) The issuing inspection agency shall indicate on the electrical permit the date of issuance.
SPS 316.012(3)(b)
(b) A permit required under sub.
(1) shall expire 12 months after the date of issuance, if installation of the electrical wiring has not commenced.
SPS 316.012 History
History: CR 16-093: cr.
Register June 2018 No. 750, eff.1-1-20.
SPS 316.013(1)(1)
Except as provided under s.
101.875 (2), Stats., electrical wiring installations shall be subject to inspection.
SPS 316.013 Note
Note: See s.
SPS 320.10 regarding the inspections for the construction of new one- and 2- family dwellings.
SPS 316.013(2)
(2) Inspections of electrical wiring installations described under s.
SPS 316.012 (1) (a) shall be conducted by a certified commercial electrical inspector.
SPS 316.013 Note
Note: See s.
SPS 305.62 for certification provisions for commercial electrical inspectors.
SPS 316.013(3)(a)(a) The building owner or their agent shall notify the inspection agency designated by the department to provide electrical inspections when the electrical wiring installation is ready for inspection.
SPS 316.013(3)(b)
(b) Except as provided in par.
(c), to facilitate inspection all of the following shall apply:
SPS 316.013(3)(b)1.
1. Electrical wiring shall remain accessible and exposed for inspection purposes.
SPS 316.013(3)(c)1.1. The concealment or energizing of electrical wiring, other than an electrical service, may proceed if inspection has not been completed within 2 business days after notification is received or as otherwise agreed between the wiring installer and the designated inspection agency providing the inspection.
SPS 316.013(3)(c)2.
2. The notification that an electrical wiring installation is ready for final inspection shall be made to indicate when all electrical fixtures, outlets and face plates are in place and the installation or that portion of the installation is energized.
SPS 316.013(3)(d)1.1. If upon inspection, it is found that the installation is in compliance with this chapter, the certified inspector shall approve the installation prior to concealment or energizing of the electrical wiring.
SPS 316.013(3)(d)2.
2. If upon inspection, it is found that the installation is incomplete or not in compliance with this chapter, orders to correct shall be issued. An order may include the condition that the electrical wiring is to remain unconcealed and non-energized until re-inspected.
SPS 316.013 History
History: CR 16-093: cr.
Register June 2018 No. 750, eff. 1-1-20.
SPS 316.014 Note
Note: Section
101.02 (13) (a), Stats., indicates penalties will be assessed against any employer, employee, owner or other person who fails or refuses to perform any duty lawfully enjoined, within the time prescribed by the department, for which no penalty has been specifically provided, or who fails, neglects or refuses to comply with any lawful order made by the department, or any judgment or decree made by any court in connection with ss.
101.01 to
101.599, Stats. For each violation, failure or refusal, the employee, owner or other person must forfeit and pay into the state treasury a sum not less than $10 nor more than $100 for each violation.
SPS 316.014 Note
Note: Section
101.02 (12), Stats., indicates that every day during which any person, persons, corporation or any officer, agent or employee thereof, fails to observe and comply with an order of the department will constitute a separate and distinct violation of such order.
SPS 316.014 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; am.,
Register, September, 1999, No. 525, eff. 10-1-99;
CR 08-047: renum. from Comm 16.06
Register February 2009 No. 638, eff. 3-1-09;
CR 16-093: renum. from SPS 316.006
Register June 2018 No. 750, eff. 8-1-18.
SPS 316.015(1)(1)
Appeal of local order. Any person affected by a local order which may be in conflict with a provision of this chapter may petition the department for a hearing on the grounds that the local order is unreasonable and in conflict with the provision of this chapter. All appeals shall be acted on and a decision in writing shall be issued by the department within 30 business days of receiving an appeal.
SPS 316.015 Note
Note: Section
101.01 (l) (f), Stats., defines “local order" as any ordinance, order, rule or determination of any common council, board of aldermen, board of trustees or the village board, of any village or city, or the board of health of any municipality, or an order or direction of any official of such municipality, upon any matter over which the department has jurisdiction.
SPS 316.015(2)
(2)
Petition of administrative rule. Pursuant to s.
227.12, Stats., any municipality, corporation or any 5 or more persons having an interest in an administrative rule may petition the department requesting the adoption, amendment or repeal of the rule.
SPS 316.015 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90;
CR 08-047: renum. from Comm 16.07
Register February 2009 No. 638, eff. 3-1-09;
CR 16-093: renum. from SPS 316.008
Register June 2018 No. 750, eff. 8-1-18.
SPS 316.016
SPS 316.016 Electrical plan review. Upon request, the department may perform electrical plan review for dwellings, public buildings, places of employment and electrical services.
SPS 316.016 History
History: CR 08-047: cr.
Register February 2009 No. 638, eff. 3-1-09;
CR 16-093: renum. from SPS 316.930
Register June 2018 No. 750, eff. 8-1-18.
SPS 316.017
SPS 316.017 Technical assistance. The department shall provide technical assistance to the extent possible with the available resources to any person, upon written request, regarding interpretation and application of this chapter. The technical assistance may consist of telephone, written, in-office or on-site review of specific problems.
SPS 316.017 History
History: Cr.
Register, September, 1999, No. 525, eff. 10-1-99;
CR 08-047: renum. from Comm 16.67
Register February 2009 No. 638, eff. 3-1-09;
CR 16-093: renum. from SPS 316.960
Register June 2018 No. 750, eff. 8-1-18.
