Rule-Making Notices
Notice of Hearing
Commerce
Electrical Construction, Ch.
Comm 16NOTICE IS HEREBY GIVEN that pursuant to ss.
101.63 (1),
101.73 (1),
101.82 (1), Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 16 relating to electrical construction.
Hearing Information
The public hearing will be held as follows:
Date and Time:
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Location:
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June 18, 2008
Wednesday
10:00 a.m.
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Thompson Commerce Building
Third Floor Conference Rm. #3B
201 W. Washington Avenue
Madison, Wisconsin
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This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until July 2, 2008, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Joe Hertel, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at joe.hertel@wisconsin. gov.
Copies of Proposed Rules
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Agency Contact Person
Small Business Regulatory Coordinator
Carol Dunn, at (608) 267-0297, or Email at carol.dunn@ wisconsin.gov.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
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Chapters
Comm 60 to
66, Wisconsin Commercial Building Code
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Chapters
Comm 20 to
25 of the Uniform Dwelling Code
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Chapter
PSC 114, Public Service Commission.
Explanation of agency authority
Section
101.82 (1), Stats., grants the Department of Commerce general authority for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the installation, repair and maintenance of electrical wiring.
Summary of proposed rules
The primary revisions to chapter Comm 16 are to adopt the most current edition of the National Electrical Code (NEC). In addition to bringing the state electrical code up to date with current technology, the proposed revisions clarify or supplement the electrical standards contained in the 2008 edition of the NEC. The proposed rules contain a number of modifications to the technical requirements within these standards, reorganization of current requirements and editorial changes. The following is a summary of the major proposed changes to this chapter:
a. Adopt by reference the most current edition of the NEC and include correct cross-references to these standards. [Comm 16.014]
b. Require tamper-resistant receptacles and arc-fault circuit-interrupter protection for all new dwelling construction. [NEC 406.11 and NEC 210.12 and Comm 16.210 (2) (a) and (b) and Comm 16.210 (4)]
c. Renumber the code sections in subchapters I, II, III and IV to correspond more closely with the article and section numbers in the NEC.
d. Update or delete several Wisconsin amendments that referenced the NEC because of changes in the 2008 edition.
Comparison with federal regulations
There are several existing federal regulations that relate to the installation of electrical wiring and equipment. Some of these regulations require compliance with various editions of the National Electrical Code (NEC). An internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to the activities to be regulated by this rule:
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Title
7 CFR Part 1755 – Telecommunications Standards and Specifications for Materials, Equipment and Construction. This regulation in the Department of Agriculture applies to telecommunications wiring and equipment, and requires compliance with the 1993 NEC.
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Title
24 CFR Part 3280 – Manufactured Home Construction and Safety Standards Subpart I – Electrical Systems. This regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 2005 NEC.
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Title
29 CFR Part 1910 – Occupational Safety and Health Standards. Subpart S of this regulation in the Department of Labor contains detailed electrical safety requirements that are necessary for the practical safeguarding of employees in their workplaces.
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Title 29 CFR Subpart 1926 – Safety and Health Regulations for Construction. Subpart K of this regulation in the Department of Labor contains detailed electrical safety requirements that are necessary for the practical safeguarding of employees involved in construction work.
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Title 30 Part 57 – Safety and Health Standards – Underground Metal and Nonmetal Mines. Subpart K of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines.
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Title 30 Part 75 – Mandatory Safety Standards – Underground Coal Mines. Subpart F of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground coal mines.
Comparison with rules in adjacent states
An Internet-based search found that all adjacent states except Illinois adopt by reference various editions of the NEC. Michigan also creates amendments to the adopted standard similar to Wisconsin.
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Illinois does not administer a state electrical code.
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The Iowa Department of Public Safety administers the Iowa Building Code that adopts the 2005 edition of the NEC with no amendments.
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The Michigan Department of Labor and Economic Growth administers the Michigan Construction Code that adopts the 2005 edition of the NEC with amendments. The arc-fault protection requirement was adopted as part of the 2003 Michigan Residential Code that became effective February 29, 2004.
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The Minnesota Department of Labor and Industry, Building Codes and Standards Division, administers the Minnesota State Building Code that adopts the 2005 edition of the NEC with no amendments.
Summary of factual data and analytical methodologies
The primary methodology for updating the Wisconsin Electrical Code, chapter Comm 16 has been a review and assessment of the latest edition of the national technical standards that serve as the basis for Wisconsin code. Staff prepared a comprehensive comparison of the changes in the 2008 edition of the NEC to the 2005 edition currently adopted under Comm 16. The department's review and assessment process involved the participation of the Electrical Code Advisory Council. The members of that Council represent the many stakeholders involved in the electrical industry including utility representatives, inspectors, labor and building contractors. (A listing of the Electrical Code Advisory Council is provided at the end of this analysis.)
The department believes the national model codes reflect current societal values with respect to safeguarding people and property from hazards arising from the use of electricity.
The NEC (formally known as ANSI/NFPA 70) is a national standard for the safe installation of electrical wiring and equipment. It is part of the National Fire Codes series published by the National Fire Protection Association (NFPA). The NEC is developed by NFPA's Committee on the National Electrical Code, which consists of 20 code-making panels and a technical correlating committee. The NEC is approved as an American National Standard by the American National Standards Institute (ANSI). First published in 1897, the NEC is updated and published every three years. The 2008 Code is the most recent edition, approved on August 15, 2007. Most states adopt the most recent edition within a couple of years of its publication.
More information on the development of these national model codes may be obtained from the NFPA web site at
www.nfpa.org or from the NEC web site at
www.necplus.org.
Analysis and supporting documents used to determine effect on small business
The department used the Electrical Code Advisory Council to gather and analyze information on potential impacts in complying with both the technical and administrative requirements of the codes. Many small businesses belong to the industry associations that sit on the advisory council. A responsibility of council members is to bring forth concerns that their respective organizations may have with the requirements including economic impact.
The proposed rule changes also were shared with the Commercial Buildings Code Council, Uniform Dwelling Code Council, and Multifamily Dwelling Code Council.
