Chapter SPS 316

SPS 316.003(6) (6) Additions and alterations. Additions and alterations to electrical systems covered by this chapter shall comply with all provisions of this chapter at the time of permit application or, if no permit is required, the beginning of the project.

SPS 316.003 Note Note: This chapter does not nullify any exclusions specified in the standards adopted under s. SPS 316.007.

SPS 316.003 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; CR 02-072: r. and recr. (3), cr. (4) Register April 2003 No. 568, eff. 5-1-03; CR 08-047: renum. from Comm 16.03 Register February 2009 No. 638, eff. 3-1-09; CR 13-042: am. (title), cr. (5) Register November 2013 No. 695, eff. 12-1-13; CR 16-093: cr. (6) Register June 2018 No. 750, eff. 8-1-18.

SPS 316.004 SPS 316.004 Department authority. Under s. 101.02 (1), Stats., the department reserves the right to interpret the requirements in this chapter and in all adopted codes and standards. Any interpretation under this section shall supersede any differing interpretation by either a lower level jurisdiction or an issuer of the adopted code or standard.

SPS 316.004 Note Note: Section 101.86, Stats., prohibits municipalities from enacting rules that are more restrictive than this chapter. Section 101.86 (1) (a), Stats., provides a municipality may “[e]nact an electrical code or otherwise exercise jurisdiction over electrical wiring and inspection of electrical wiring by enactment of ordinances, provided that the electrical code or ordinance strictly conforms with the state electrical wiring code promulgated by the department under s. 101.82 (1). A county ordinance shall apply in any city, village or town which has not enacted such an ordinance.”

SPS 316.004 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; am. (1), Register, August, 1996, No. 488, eff. 9-1-96; am. (2) and r. (3), Register, September, 1999, No. 525, eff. 10-1-99; CR 08-047: renum. from Comm 16.04 Register February 2009 No. 638, eff. 3-1-09; corrections made under s. 13.92 (4) (b) 7., Stats., Register February 2009 No. 638; correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 13-042: am. (1) Register November 2013 No. 695, eff. 12-1-13; CR 16-093: r. and recr. Register June 2018 No. 750, eff. 8-1-18.

SPS 316.005 SPS 316.005 Petition for variance. The department shall consider and may grant a variance to a provision of this chapter in accordance with ch. SPS 303. The petition for variance shall include, where applicable, a position statement from the fire department having jurisdiction.

SPS 316.005 Note Note: Chapter SPS 303 requires the submittal of a petition for variance form (SBD-9890) and a fee, and that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned. Chapter SPS 303 also requires the department to process regular petitions within 30 business days and priority petitions within 10 business days.

SPS 316.005 Note Note: The Department forms required in this chapter are available for a nominal fee at telephone 800-DOC-SALE (800-362-7253) or 411 (Telecommunications Relay), or at [e-mail]. Forms are also available at no charge at the Department’s Web site at http://dsps.wi.gov through links to Division of Industry Services forms.

SPS 316.005 History History: Cr. Register, October, 1990, No. 418, eff. 11-1-90; r. and recr., Register, September, 1999, No. 525, eff. 10-1-99; CR 08-047: renum. from Comm 16.05 Register February 2009 No. 638, eff. 3-1-09; correction made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.

SPS 316.006 SPS 316.006 Definitions. In this chapter:

SPS 316.006(1) (1) “Department” means the department of safety and professional services.

SPS 316.006(2) (2) “Electrical wiring” has the meaning given in s. 101.80 (1m), Stats.

SPS 316.006 Note Note: Under s. 101.80 (1m), Stats., “electrical wiring” means all equipment, wiring, material, fittings, devices, appliances, fixtures, and apparatus used for the production, modification, regulation, control, distribution, utilization, or safeguarding of electrical energy for mechanical, chemical, cosmetic, heating, lighting, or similar purposes, as specified under the state electrical wiring code. “Electrical wiring” does not include the equipment, wiring, material, fittings, devices, appliances, fixtures, and apparatus used by a public utility, an electric cooperative, or a wholesale merchant operator for the purpose of generating, transmitting, distributing, or controlling heat, light, power, or natural gas to its customers or members.

SPS 316.006(3) (3) “Farm” means a place where farming is conducted.

SPS 316.006(4) (4) “Farming” has the meaning given in s. 102.04 (3), Stats.

SPS 316.006 Note Note: Under s. 102.04 (3), Stats., “farming” means the operation of farm premises owned or rented by the operator. “Farm premises” means areas used for operations herein set forth, but does not include other areas, greenhouses or other similar structures unless used principally for the production of food and farm plants.

SPS 316.006 Note Note: Section 102.04 (3), Stats., states that the operation of farm premises shall be deemed to be the planting and cultivating of the soil thereof; the raising and harvesting of agricultural, horticultural or arboricultural crops thereon; the raising, breeding, tending, training and management of livestock, bees, poultry, fur–bearing animals, wildlife or aquatic life, or their products, thereon; the processing, drying, packing, packaging, freezing, grading, storing, delivering to storage, to market or to a carrier for transportation to market, distributing directly to consumers or marketing any of the above-named commodities, substantially all of which have been planted or produced thereon; the clearing of such premises and the salvaging of timber and management and use of wood lots thereon, but not including logging, lumbering or wood cutting operations unless conducted as an accessory to other farming operations; the managing, conserving, improving and maintaining of such premises or the tools, equipment and improvements thereon and the exchange of labor, services or the exchange of use of equipment with other farmers in pursuing such activities.

SPS 316.006(5) (5) “Multifamily dwelling” has the meaning given in s. 101.01 (8m), Stats.

SPS 316.006 Note Note: Under s. 101.01 (8m), Stats., “multifamily dwelling” means “an apartment building, rowhouse, town house, condominium or modular home, as defined in s. 101.71 (6), that does not exceed 60 feet in height or 6 stories and that consists of 3 or more attached dwelling units, as defined in s. 101.61 (1), the initial construction of which is begun on or after January 1, 1993. ‘Multifamily dwelling’ does not include a facility licensed under ch. 50.”

SPS 316.006(6) (6) “Municipality” means a city, village, town, or county in this state.

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(8) (8) “Place of employment” has the meaning given in s. 101.01 (11), Stats.

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(9) (9) “Public building” has the meaning given in s. 101.01 (12), Stats.

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 [phone], 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 [phone], 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.

subch. II of ch. SPS 316 Subchapter II — Administration and Enforcement

SPS 316.011 SPS 316.011 Administration.

SPS 316.011(1) (1) Municipal administration.

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)4. 4. The municipality’s ordinances adopt this chapter in its entirety.

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) (2) Department administration.

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 SPS 316.012 Permits.

SPS 316.012(1) (1) 

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)(a)1. 1. A farm.

SPS 316.012(1)(a)2. 2. A public building, structure, or premises.

SPS 316.012(1)(a)3. 3. A place of employment.

SPS 316.012(1)(a)4. 4. A campground.

SPS 316.012(1)(a)5. 5. A manufactured home community.

SPS 316.012(1)(a)6. 6. A public marina, pier, dock, or wharf.

SPS 316.012(1)(a)7. 7. A recreational vehicle park.

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)(a) (a) The name of the applicant.

SPS 316.012(2)(b) (b) The name of the building or property owner.

SPS 316.012(2)(c) (c) The location of the electrical wiring installation.

SPS 316.012(2)(d) (d) The scope and extent of the electrical wiring installation.

SPS 316.012(2)(e) (e)

SPS 316.012(2)(e)1. 1. The name of the person responsible for the installation.

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) (3) 

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 SPS 316.013 Inspections.

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) (3) 

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)(b)2. 2. Electrical wiring may not be energized.

SPS 316.013(3)(c) (c)