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Date of enactment: March 5, 2008
2007 Senate Bill 167 Date of publication*: March 18, 2008
* Section 991.11, Wisconsin Statutes 2005-06 : Effective date of acts. "Every act and every portion of an act enacted by the legislature over the governor's partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication as designated" by the secretary of state [the date of publication may not be more than 10 working days after the date of enactment].
2007 WISCONSIN ACT 63
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.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
63,1 Section 1. 59.79 (4) of the statutes is repealed.
63,2 Section 2. 86.16 (2) of the statutes is amended to read:
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.
63,3 Section 3. 101.02 (20) (a) of the statutes, as affected by 2005 Wisconsin Act 456, is amended to read:
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).
63,4 Section 4. 101.02 (21) (a) of the statutes, as affected by 2005 Wisconsin Act 456, is amended to read:
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).
63,5 Section 5. Subchapter IV (title) of chapter 101 [precedes 101.80] of the statutes is amended to read:
CHAPTER 101
SUBCHAPTER IV
INSPECTION OF ELECTRICAL CONSTRUCTION wiring AND CERTIFICATION OF MASTER ELECTRICIANS, CONTRACTORS, JOURNEYMEN AND BEGINNING ELECTRICIANS
63,6 Section 6. 101.80 (1) of the statutes is renumbered 101.80 (1r) and amended to read:
101.80 (1r) "Municipality" means a city, town, village and, or county.
63,7 Section 7. 101.80 (1g) of the statutes is created to read:
101.80 (1g) "Electric cooperative" has the meaning given in s. 196.025 (5) (ag).
63,8 Section 8. 101.80 (1j) of the statutes is created to read:
101.80 (1j) "Electricity provider" means a public utility, an electric cooperative, or a wholesale merchant plant operator.
63,9 Section 9. 101.80 (1m) of the statutes is created to read:
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, distributing, or controlling heat, light, power, or natural gas to its customers or members.
63,10 Section 10. 101.80 (2) of the statutes is repealed.
63,11 Section 11. 101.80 (3) of the statutes is created to read:
101.80 (3) "Public utility" has the meaning given in s. 196.01 (5).
63,12 Section 12. 101.80 (4) of the statutes is created to read:
101.80 (4) "State electrical wiring code" means the rules promulgated under s. 101.82 (1) for electrical wiring.
63,13 Section 13. 101.80 (5) of the statutes is created to read:
101.80 (5) "Wholesale merchant plant operator" means the operator of a wholesale merchant plant, as defined in s. 196.491 (1) (w).
63,14 Section 14. 101.82 (1) of the statutes is amended to read:
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.
63,15 Section 15. 101.82 (1m) of the statutes is created to read:
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.
63,16 Section 16. 101.82 (1r) of the statutes is created to read:
101.82 (1r) Promulgate rules that establish requirements for the supervision of beginning electricians.
63,17 Section 17. 101.82 (1v) of the statutes is created to read:
101.82 (1v) Promulgate rules that establish criteria and procedures for the licensing of electrical contractors.
63,18 Section 18. 101.82 (2) of the statutes is amended to read:
101.82 (2) Adopt 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.
63,19 Section 19. 101.82 (2m) of the statutes is created to read:
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).
63,20 Section 20. 101.82 (3) of the statutes is repealed.
63,21 Section 21. 101.82 (3m) of the statutes is repealed.
63,22 Section 22. 101.82 (3r) of the statutes is created to read:
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.
63,23 Section 23. 101.84 (2) of the statutes is repealed.
63,24 Section 24. 101.84 (3) of the statutes is created to read:
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.
63,25 Section 25. 101.86 (1) (a) of the statutes is amended to read:
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.
63,26 Section 26. 101.86 (1) (c) of the statutes is amended to read:
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).
63,27 Section 27. 101.86 (2) of the statutes is repealed.
63,28 Section 28. 101.86 (3) of the statutes is renumbered 101.86 (3) (a) and amended to read:
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.
(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).
63,29 Section 29. 101.861 of the statutes is created to read:
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