AB294: Bill Text

2007 - 2008 LEGISLATURE

2007 Assembly BILL 294

April 30, 2007 - Introduced by Representatives A. Ott, Mursau, Sheridan, Gottlieb, Nelson, Tauchen, Hubler, Hahn, Berceau, Kestell, Travis, Pope-Roberts, Van Roy, Richards, Mason, Kreuser, Nerison, Boyle, Turner, Hintz, Gunderson, Gronemus, Jorgensen, Zepnick, Nygren, Shilling, Sinicki, Moulton, Hixson, Molepske, Schneider, Petersen, Smith, Hraychuck and Parisi, cosponsored by Senators Decker, Olsen, Hansen, Lassa, Lehman, Sullivan, Roessler, Breske, Cowles, Kreitlow, Erpenbach, Coggs, Wirch, Grothman, Plale, Miller and Vinehout. Referred to Committee on Labor and Industry.

AB294,2,2 An Act to repeal 59.79 (4), 101.80 (2), 101.82 (3), 101.82 (3m), 101.84 (2), 101.86 (2), 101.865, 101.87 (2), 101.87 (3) and 101.87 (4); to renumber and amend 101.80 (1), 101.86 (3) and 101.87 (1); to amend 86.16 (2), 101.02 (20) (a), 101.02 (21) (a), subchapter IV (title) of chapter 101 [precedes 101.80], 101.82 (1), 101.82 (2), 101.86 (1) (a), 101.86 (1) (c), 101.88 (1), 101.88 (2), 101.88 (3), 182.018 (3) and 289.33 (3) (d); to repeal and recreate 101.87 (title); and to create 101.80 (1g), 101.80 (1j), 101.80 (1m), 101.80 (3), 101.80 (4), 101.80 (5), 101.82 (1m), 101.82 (1r), 101.82 (1v), 101.82 (2m), 101.82 (3r), 101.84 (3), 101.861, 101.862 and 101.87 (5) of the statutes; relating to: a state electrical wiring code; regulation of electricians, electrical contractors, and electrical inspectors; inspections of electrical wiring; regulation of electrical wiring; regulation of heating and air conditioning contractors by a county with a population of 500,000 or more; and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Regulation of electrical wiring

Under current law, the Department of Commerce (Commerce) promulgates rules for electric construction in public buildings and places of employment and in places where farming is conducted. This bill expands Commerce's duty in this regard to promulgate a state wiring code that establishes standards for installing, repairing, and maintaining electrical wiring, regardless of what type of building is involved. The authority of a city, village, town, or county (municipality) to enact a local electrical code is also expanded in the same manner. The bill defines "electrical wiring" to be equipment and wiring for the production and control of electrical energy; "electrical wiring" does not include the equipment and wiring used by public utilities, electric cooperatives, or operators of wholesale merchant plants for the generation, transmission, and distribution of electricity to their customers or members. (A "wholesale merchant plant" is a plant that is generally not owned by a public utility and that provides service to wholesale customers.)

Regulation of electricians and electrical and other contractors

Under current law, Commerce administers a certification program for master electricians, electrical contractors, journeymen electricians, and beginning electricians. The program has a uniform examination for certification of master electricians and specifies that only master electricians and persons who employ at least one master electrician may be certified as electrical contractors. The program also establishes requirements for the certification of journeymen electricians and beginning electricians. Also under current law, a municipality may license an electrical contractor if the contractor has at least one master electrician as an employee. However, current law does not specifically require that a person be licensed or certified by Commerce or by a municipality to work as an electrician or electrical contractor.

Under this bill, a municipality may no longer license a contractor. Also, the bill specifically prohibits municipalities from registering or licensing electricians. Instead, under the bill, no person may work as an electrician or as an electrical contractor unless the person is licensed by or registered with Commerce. Commerce must promulgate rules for the licensing of electrical contractors and for the licensing and examination of all types of electricians, including journeymen and master electricians, but excluding beginning electricians. Under the bill, beginning electricians must register but do not need to pass an examination. The bill also requires that no person may do electrical work unless a master electrician is at all times responsible for the work.

The bill specifies several persons who are exempt from licensing or registration, including persons who perform certain types of electrical work on their own residences or in their own facilities, persons who perform electrical work on elevators, escalators, and alarm systems, and persons who perform equipment installation that is not primarily electrical in nature. Also exempt are employees and subcontractors of electricity providers, persons who work on lighting or signals for public thoroughfares or airports, and persons who work on the utility side of substations and other distribution facilities owned or operated by customers or members of electricity providers.

In addition to requiring Commerce to promulgate rules for the regulation of all electricians, the bill imposes specific requirements as to the amount of experience necessary to be licensed as a residential or nonresidential journeyman electrician.

Finally, the bill repeals a provision authorizing the licensing and regulation of heating and air conditioning contractors in any county with a population of 500,000 or more (currently only Milwaukee County).

Inspections of electrical wiring

Under current law, Commerce promulgates rules for inspections of electrical construction in public buildings, places of employment, and places where farming is conducted. This bill expands the scope of this rule-making authority to cover all electrical wiring. Under current law, a municipality may enact an ordinance regulating the inspection of electrical construction in public buildings and places of employment if the ordinance meets the minimum state requirements. Under current law, Commerce must contract with a municipality for inspections of electrical construction for compliance with state law if the municipality has enacted such an ordinance and if the municipality requests Commerce to do so. Commerce must also provide such inspection in a municipality that has not enacted such an ordinance. This bill eliminates these provisions concerning contracting between Commerce and a municipality. The bill also expands the scope of municipal inspection authority to cover all electrical wiring.

Commerce may, at the request of the owner or tenant, inspect the exterior and interior wiring of a public building or place of employment to determine compliance with state law. Current law also requires the company furnishing electric current to obtain proof of compliance with state law before furnishing the current. This bill eliminates these provisions.

The bill requires Commerce to promulgate rules establishing criteria for certifying all electrical inspectors of electrical wiring. Under current law, Commerce is required to promulgate certification criteria only for inspectors of public buildings and places of employment. The bill also requires Commerce to promulgate rules establishing standards and a process for the inspection of electrical wiring, including the inspection of electrical wiring for which a municipality does not provide inspection. The bill specifically prohibits municipalities from certifying electrical inspectors and requires that all inspections of electrical wiring be conducted by inspectors certified by Commerce.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB294, s. 1 Section 1. 59.79 (4) of the statutes is repealed.

AB294, s. 2 Section 2. 86.16 (2) of the statutes is amended to read:

AB294,4,7 86.16 (2) All poles used in the construction of such lines shall be set in such manner as not to interfere with the use of such highway by the public, nor with the use of the adjoining land by the owner thereof; and all pole lines shall hereafter be constructed so as to meet the requirements of the Wisconsin provisions of the state electrical code promulgated by the public service commission.

AB294, s. 3 Section 3. 101.02 (20) (a) of the statutes, as affected by 2005 Wisconsin Act 456, is amended to read:

AB294,4,15 101.02 (20) (a) For purposes of this subsection, "license" means a license, permit or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).

AB294, s. 4 Section 4. 101.02 (21) (a) of the statutes, as affected by 2005 Wisconsin Act 456, is amended to read:

AB294,5,2 101.02 (21) (a) In this subsection, "license" means a license, permit or certificate of certification or registration issued by the department under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87 (1m), (1v), and (2), 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).

AB294, s. 5 Section 5. Subchapter IV (title) of chapter 101 [precedes 101.80] of the statutes is amended to read:

AB294,5,5 CHAPTER 101

AB294,5,6 SUBCHAPTER IV

AB294,5,9 INSPECTION OF ELECTRICAL CONSTRUCTION wiring AND CERTIFICATION OF MASTER ELECTRICIANS, CONTRACTORS, JOURNEYMEN AND BEGINNING ELECTRICIANS

AB294, s. 6 Section 6. 101.80 (1) of the statutes is renumbered 101.80 (1r) and amended to read:

AB294,5,12 101.80 (1r) "Municipality" means a city, town, village and, or county.

AB294, s. 7 Section 7. 101.80 (1g) of the statutes is created to read:

AB294,5,14 101.80 (1g) "Electric cooperative" has the meaning given in s. 196.025 (5) (ag).

AB294, s. 8 Section 8. 101.80 (1j) of the statutes is created to read:

AB294,5,17 101.80 (1j) "Electricity provider" means a public utility, an electric cooperative, or a wholesale merchant plant operator.

AB294, s. 9 Section 9. 101.80 (1m) of the statutes is created to read:

AB294,6,2 101.80 (1m) "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, or distributing electricity to its customers or members.

AB294, s. 10 Section 10. 101.80 (2) of the statutes is repealed.

AB294, s. 11 Section 11. 101.80 (3) of the statutes is created to read:

AB294,6,5 101.80 (3) "Public utility" has the meaning given in s. 196.01 (5).

AB294, s. 12 Section 12. 101.80 (4) of the statutes is created to read:

AB294,6,8 101.80 (4) "State electrical wiring code" means the rules promulgated under s. 101.82 (1) for electrical wiring.

AB294, s. 13 Section 13. 101.80 (5) of the statutes is created to read:

AB294,6,11 101.80 (5) "Wholesale merchant plant operator" means the operator of a wholesale merchant plant, as defined in s. 196.491 (1) (w).

AB294, s. 14 Section 14. 101.82 (1) of the statutes is amended to read:

AB294,6,20 101.82 (1) Adopt rules for the construction and inspection of electrical construction of public buildings and places of employment and for the inspection of electrical construction of places where farming, as defined in s. 101.01 (11), is conducted Promulgate by rule a state electrical wiring code that establishes standards for installing, repairing, and maintaining electrical wiring. Where feasible, the standards used shall be those rules shall reflect nationally recognized. No rule may be adopted which does not take into account the conservation of energy in construction and maintenance of buildings standards.

AB294, s. 15 Section 15. 101.82 (1m) of the statutes is created to read:

AB294,6,25 101.82 (1m) Promulgate rules that establish criteria and procedures for the registration of beginning electricians and for the examination and licensing of different types of electricians, including journeymen electricians and master electricians.

AB294, s. 16 Section 16. 101.82 (1r) of the statutes is created to read:

AB294,7,3 101.82 (1r) Promulgate rules that establish requirements for the supervision of beginning electricians.

AB294, s. 17 Section 17. 101.82 (1v) of the statutes is created to read:

AB294,7,6 101.82 (1v) Promulgate rules that establish criteria and procedures for the licensing of electrical contractors.

AB294, s. 18 Section 18. 101.82 (2) of the statutes is amended to read:

AB294,7,12 101.82 (2) Promulgate rules that establish criteria and procedures for the certification, including provisions for suspension and revocation thereof, of electrical inspectors for the purpose of inspecting the electrical wiring of public buildings and places of employment. Persons certified as inspectors may be employees of the department, a municipality or private inspection agency.

AB294, s. 19 Section 19. 101.82 (2m) of the statutes is created to read:

AB294,7,16 101.82 (2m) Promulgate rules that establish standards and a process for the inspection of electrical wiring, including the inspection of electrical wiring for which a municipality does not provide inspection under s. 101.86 (1).

AB294, s. 20 Section 20. 101.82 (3) of the statutes is repealed.

AB294, s. 21 Section 21. 101.82 (3m) of the statutes is repealed.

AB294, s. 22 Section 22. 101.82 (3r) of the statutes is created to read:

AB294,7,23 101.82 (3r) Promulgate rules that establish criteria and a process for the suspension or revocation of registrations issued to beginning electricians, licenses issued to electricians and electrical contractors, and certifications issued to electrical inspectors.

AB294, s. 23 Section 23. 101.84 (2) of the statutes is repealed.

AB294, s. 24 Section 24. 101.84 (3) of the statutes is created to read:

AB294,8,4 101.84 (3) Promulgate rules to differentiate the scope of installation, repair, or maintenance of electrical wiring that may be performed by electrical contractors and by different types of electricians, including beginning electricians, journeymen electricians, and master electricians.

AB294, s. 25 Section 25. 101.86 (1) (a) of the statutes is amended to read:

AB294,8,13 101.86 (1) (a) Exercise Enact an electrical code or otherwise exercise jurisdiction over electrical construction wiring and inspection of electrical construction in public buildings and places of employment wiring by passage enactment of ordinances, providing such ordinances meet the minimum requirements of the department's rules adopted under this subchapter . An ordinance enacted under this paragraph may not be less restrictive than this subchapter. A county ordinance shall apply in any city, village or town which has not enacted such an ordinance.

AB294, s. 26 Section 26. 101.86 (1) (c) of the statutes is amended to read:

AB294,8,16 101.86 (1) (c) By ordinance, establish and collect fees to defray the cost of jurisdiction exercised under par. (a) or (b) or a contract under sub. (2).

AB294, s. 27 Section 27. 101.86 (2) of the statutes is repealed.

AB294, s. 28 Section 28. 101.86 (3) of the statutes is renumbered 101.86 (3) (a) and amended to read:

AB294,8,24 101.86 (3) (a) The cost of inspection services provided by any county which that has enacted an ordinance under sub. (1) or contracted under sub. (2), if not defrayed by fees, shall be charged to or taxed upon against the property within those cities, villages, and towns in the county which that have not enacted a local construction and inspection an ordinance under sub. (1) or contracted under sub. (2), and no.

AB294,9,3 (b) No part of the cost of inspection services , if not defrayed by fees, may be charged to or taxed against the property within any city, village, or town which that has enacted such an ordinance or contracted under sub. (2) (1).

AB294, s. 29 Section 29. 101.861 of the statutes is created to read:

AB294,9,13 101.861 Municipal regulatory authority. Any ordinance enacted by a municipality that relates to licensure or certification of electrical contractors or electricians pursuant to the municipality's authority under s. 101.865, 2005 stats., or s. 101.87, 2005 stats., and that is in existence on the effective date of this section .... [revisor inserts date], shall remain in effect without being amended or repealed until the first day of the 61st month beginning after the effective date of this section .... [revisor inserts date]. Beginning on the first day of the 61st month beginning after the effective date of this section .... [revisor inserts date], such an ordinance is no longer in effect.

AB294, s. 30 Section 30. 101.862 of the statutes is created to read:

AB294,9,17 101.862 License, registration, or certification required. (1) No person may engage in the business of installing, repairing, or maintaining electrical wiring unless the person is licensed as an electrical contractor by the department.

AB294,9,20 (2) No person may install, repair, or maintain electrical wiring unless the person is licensed as an electrician by the department or unless the person is registered as a beginning electrician by the department.

AB294,9,23 (3) No person who is not a master electrician may install, repair, or maintain electrical wiring unless a master electrician is at all times responsible for the person's work.

AB294,9,24 (4) Subsections (2) and (3) do not apply to any of the following:

AB294,10,3 (a) A residential property owner who installs, repairs, or maintains electrical wiring on premises that the property owner owns and occupies as a residence, unless a license or registration issued by the department is required by local ordinance.

AB294,10,6 (b) A person engaged in maintaining or repairing electrical wiring within a facility or on premises owned or leased by the person or by an entity for which the person is an agent.