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The proposed rules establish administrative procedures for mandatory licensing of electrical contractors and electricians as directed by 2007 Wisconsin Act 63. Currently, the department provides an electrician certification program that complements local licensing/certification requirements. The Act and the rules affect those businesses and individuals currently not certified by the department that install, repair, or maintain electrical construction wiring, unless statutorily exempted.
Reporting, bookkeeping and other procedures required for compliance with the rules.
The renewal of electrician licenses will continue to be contingent upon the fulfillment of continuing education obligations.
Types of professional skills necessary for compliance with the rules.
No other types of professional skills are necessary for compliance with the rules.
Rules have a significant economic impact on small businesses?
No.
Small business regulatory coordinator
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at carol.dunn@wisconsin.gov.
Environmental Impact
The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Summary
The proposed rules implement the licensing mandates imposed by 2007 Wisconsin Act 63 relating to electrical contractors and electricians. The department currently administers a program for the certification of electricians and electrical contractors who then use the certification to obtain a license in municipalities which require licensing. The provisions of Act 63 requiring state-wide licensure are effective April 1, 2013.
The department estimates that an additional 10,000 electricians and electrical will obtain license prior to April 1, 2013. The current 4-year license fees for an electrical contractor is $200, a master electrician $200, a journeyman electrician $100 and a beginning electrician $20. This will then result in additional annual revenues of $458,500 with 2013 implementation.
The department anticipates that workload associated with this licensing can be absorbed within current resources and staff levels.
State fiscal effect
Increase existing revenues. An increase in costs may be possible to absorb within the agency's budget.
Local government fiscal effect
None.
Long-range fiscal implications
No long-range fiscal implications are anticipated.
Agency Contact Person
James Quast, Program Manager
(608) 266-9292
Notice of Hearing
Commerce
Licenses, Certifications and Registrations, Ch. Comm 5
Electrical, Ch. Comm 16
NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1), 101.82 (2m), and 101.84 (3), Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapters Comm 5 and 16, relating to electrical inspection.
Hearing Information
Date and Time:
Location:
April 29, 2009
Conference Room 3B
10:00 a.m.
Thompson Commerce Center
201 West Washington Avenue
Madison
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.
Appearances at Hearing and 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 May 15, 2009, 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 James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at: jim.quast@ 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 TDD Relay dial 711 in Wisconsin or (800) 947-3529. Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Sections 101.82 (2m), 101.862, and 101.88, Stats., as affected by 2007 Wisconsin Act 63.
Statutory authority
Sections 101.02 (1), 101.82 (2m), and 101.84 (3), Stats., as created by 2007 Wisconsin Act 63.
Related statute or rule
None.
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. Section 101.82 (2m), Stats., directs the Department to establish an inspection program for electrical wiring.
Summary of proposed rules
Primarily, the proposed rules establish a state wide inspection program for electrical wiring installations for farms, public buildings and places of employment. The program will require electrical permits to be obtained for new electrical services, new electrical feeders and new branch circuits. The permits will result in electrical inspections being conducted before the wiring is to be energized and concealed. A final inspection will also be required once the installation is completed. Permits are to be obtained from commercial building inspection agencies that will provide the inspections. Inspection agencies will be either municipalities or third party independent entities as designated by the Department. The cost of the permits and the resulting inspections will be determined by the respective enforcing municipal inspection agency or by the state contract procurement process when involving an independent building inspection agency. The inspections will be conducted by certified commercial electric inspectors. The rules do not restrict municipalities from enacting a more robust permitting and inspection program.
The proposed rules also establish plan submittal requirements for proposed fire pump installations regulated under section 695 of the adopted National Electrical Code.
The proposed rules also rearrange the material and subchapters within chapter Comm 16.
Comparison with federal regulations
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding inspection of electrical wiring installations.
Comparison with rules in adjacent states
Illinois:
Illinois does not administer a state electrical inspection program.
Iowa:
Iowa is to implement an electrical inspection program as of March 1, 2009. Inspections are required of new electrical installations for commercial and industrial applications, public-use buildings and facilities, and residential applications in excess of single-family and new electrical service equipment for single-family applications. Permits are required to commence electrical installations. Inspections are to be conducted by state inspectors or by certified local inspectors.
Michigan:
With the exception of farms and universities, Michigan requires electrical permits and inspections for electrical installations costing more than $100. The inspections are typically conducted by state certified electrical inspectors for municipalities that meet state minimum requirements. Where municipal inspection is not provided state inspectors conduct the inspections.
Minnesota:
In Minnesota, all new electrical wiring installations are subject to inspection with the exception of minor repairs. Requests for inspections are to be made by the person responsible of the installation to an enforcing municipality recognized by the state or the state for non-enforcing municipalities. State electrical inspections are conducted by contracted inspectors under the oversight of regional state representatives. All inspectors are either licensed journeyman or master electricians.
Summary of factual data and analytical methodologies
The proposed rules for a state wide electrical inspection program were developed based upon the following:
  The mandates and the objectives of 2007 Wisconsin Act 63 with respect to electrical inspections.
  The state wide inspection program for the construction of new one- and two family dwellings.
  Current municipal electrical inspection schemes as well other state programs besides the four bordering states.
A working draft of the proposed rules was shared with the Electrical Code Advisory Council for their input. The Council's membership includes electrical contractors and municipal inspectors.
Small Business Impact
Pursuant to 2007 Wisconsin Act 63, the proposed electrical inspection program for farms, public buildings and places of employment will affect all electrical contractors installing electrical wiring in and for such establishments as well the owners or tenants of these establishments. The rules will require obtaining permits before electrical wiring installations commence for farms, public buildings and places of employment. The issuance of the permits will result in periodic construction inspections by enforcing municipal or independent building inspection agencies during the electrical wiring installation. The cost of the permits and the resulting inspections will be determined by the respective enforcing municipal inspection agency or by the state contract procurement process when involving an independent building inspection agency. Many of the more populous municipalities in the state currently administer electrical permit and inspection program. Municipal electrical permits and inspections are typically determined on the basis of a base fee plus a cost for each electrical opening which varies with the size and type of building and occupancy. The Department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act.
An economic impact report has not been required pursuant to s. 227.137, Stats.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
The proposed electrical inspection program for farms, public buildings and places of employment will affect all electrical contractors installing electrical wiring in and for such establishments as well the owners or tenants of these types of buildings and structures.
Reporting, bookkeeping and other procedures required for compliance with the rules.
The rules will require obtaining permits before electrical wiring installations commence for farms, public buildings and places of employment.
The issuance of the permits will result in periodic inspections by enforcing municipal or independent building inspection agencies during the electrical wiring installation.
The cost of the permits and the resulting inspections will be determined by the respective enforcing municipal inspection agency or by the state contract procurement process when involving an independent building inspection agency.
Types of professional skills necessary for compliance with the rules.
The proposed changes do not require any type of professional skills for compliance.
Rules have a significant economic impact on small businesses?
No.
Small business regulatory coordinator
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at carol.dunn@wisconsin.gov.
Environmental Impact
The Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Summary
To implement the proposed electrical inspection program the Department proposes to establish a commercial building inspection agency registration. The agencies will be responsible for issuing permits and inspecting electrical wiring installations for farms, public buildings and places of employment. The inspections are required to be conducted by Department certified commercial electrical inspectors. Both municipalities and third-party independent inspection agencies will need to register with the Department. The cost of the registration would be $40 for four years with an initial application fee of $15. The Department estimates that 300 municipalities will elect to obtain the registration and 150 third-party independent inspection agencies will also register. Based upon these assumptions the Department revenues would increase by $24,750 or approximately $6,200 annualized. The 2009 Executive Budget Bill, AB75, includes 2 FTE positions to assist in the implementation of the electrical inspection program. The positions are to be funded by electrician licensing fees and the building inspection agency registration revenue of $6,200.
The proposed electrical inspection program for farms, public buildings and places of employment will affect all electrical contractors installing electrical wiring in and for such establishments as well the owners or tenants of these types of buildings and structures. The issuance of the permits will result in periodic construction inspections by enforcing municipal or independent building inspection agencies under contract with the Department. The cost of the permits and the resulting inspections will be determined by the respective enforcing municipal inspection agency or by the state contract procurement process when involving an independent building inspection agency. Many of the more populous municipalities in the state currently administer electrical permit and inspection programs. Municipal electrical permits and inspections are typically determined on the basis of a base fee plus a cost for each electrical opening which varies with the size and type of building and occupancy.
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