Michigan: The Michigan Department of Licensing and Regulatory Affairs administers a statewide electrical code that incorporates by reference the 2014 edition of the NEC with modifications (Mich Admin Code, R 408.30801).
Minnesota: The Minnesota Department of Labor and Industry administers a statewide electrical code that incorporates by reference the 2017 edition of the NEC (Minnesota Rules, Part 1315.0200).
Summary of factual data and analytical methodologies:
The primary methodology for updating the Wisconsin Electrical Code, ch. SPS 316, was a review and assessment of the latest editions of the national technical standards that serve as the basis for Wisconsin code. Staff compared the changes in the 2014 and 2017 editions of the NEC to the 2011 edition currently adopted under SPS 316 and solicited code change proposals. The department’s review and assessment process also involved the participation of the Electrical Code Advisory Committee. The members of the Committee represent the many stakeholders involved in the electrical industry including utility representatives, inspectors, and building contractors.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The rules were posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. Comments were received from one individual suggesting that some of the changes from the 2014 and 2017 NEC that are not being incorporated into Wisconsin’s electrical code would minimally increase the economic impact of the proposed rules. These comments did not affect the department’s analysis of the economic impact of the proposed rules.
With assistance of the members of Electrical Code Advisory Committee, the department carefully reviewed the changes in compliance proposed in the 2014 and 2017 National Electrical Code updates that were anticipated to increase costs and proposed 11 modifications to keep cost increases of the new code changes to a minimum.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
Effect on small business:
These rules effect small businesses, as defined in s. 227.114 (1), Stats. See the attached Fiscal Estimate and Economic Impact Analysis document for additional information. The Department’s Regulatory Review Coordinator may be contacted by email at Kirsten.Reader@wisconsin.gov, or by calling (608) 267-2435. Agency contact person:
Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-4472; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
The deadline for submitting comments was 11:00 a.m. on February 2, 2017.
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TEXT OF RULE
SECTION 1. SPS 305.001 and 305.002 are amended to read:
SPS 305.001 Purpose. This chapter is to protect public and employee health, safety, and welfare by establishing minimum standards for the qualifications and responsibilities of persons and businesses that are required or permitted to obtain licenses, certifications, or registrations, or enrollment under chs. 101, 145, and 167, Stats. 305.002 Scope. This chapter applies to any person or business engaging or offering to engage in an activity or provide a service for which a license, certification, or registration, or enrollment is required or desired under chs. 101, 145, and 167, Stats. SECTION 2. SPS 305.01 (1) and (Note 1) and (3) are amended to read:
SPS 305.01 (1) Application for a license, certification, or registration, or enrollment or a license, certification, or registration, or enrollment examination covered under this chapter shall be submitted on a form prescribed by the department.
(Note 1) Applications and related forms for licenses, certifications, or registrations, or enrollment covered under subchapters II to VII and IX and X of this chapter are available from the Division of Industry Services at P.O. Box 7082, Madison, WI 53707−7082; or at telephone (608) /261−8467 or (877) /617−1565 or 411 (Telecommunications Relay); or at the Division’s Web site website at http://dsps.wi.gov/programs/industry−services. (3) Pursuant to s. 101.02 (20) (b) and (21) (b), Stats., the department may not issue or renew any license, certification, or registration, or enrollment under this chapter unless the applicant for the license, certification, or registration, or enrollment includes his or her social security number, or in the case of a license, certification, or registration, or enrollment for a business, the applicant includes the federal employer identification number. The department shall consider the failure by the applicant to provide a social security number or a federal employer identification number as an incomplete application and shall not process the application further until the appropriate number is provided. SECTION 3. SPS 305.01 (4) (j) is created to read:
SPS 305.01 (4) (j) Inspection agency.
SECTION 4. SPS 305.02 (1) (a), (2), (3), and (5) are amended to read:
SPS 305.02 (1) (a) Fees required for the various licenses, certifications, or registrations, or enrollment and their processing under this chapter shall be determined in accordance with Table 305.02, except as provided in par. (b).
(2) Fees required under this chapter for the various licenses, certifications, or registrations, and enrollment or their and for processing examinations shall not be refundable.
(3) The department shall prorate a license, certification, or registration, or enrollment fee on a monthly basis for the initial issuance of a license, certification, or registration, which or enrollment that is issued for less than the full license, certification, or registration, or enrollment period.
(5) A fee of $15.00 shall be charged to replace a lost or destroyed license, certification, or registration, or enrollment.
SECTION 5. SPS Table 305.02, (intro.) and line 26., is amended to read:
Table 305.02
(Partial Table)
FEES |
| License, Certification, or Registration, or Enrollment Category | Type | Application Fee | Examination Fee | License, Certification, or Registration, or Enrollment Fee |
26. | Beginning Registered Electrician | Registration Enrollment | $15 | NA | $20 |
SECTION 6. SPS Table 305.02, line 37s., is created to read:
Table 305.02
(Partial Table)
FEES |
| License, Certification, Registration, or Enrollment Category | Type | Application Fee | Examination Fee | License, Certification, Registration, or Enrollment Fee |
37s. | Inspection Agency | Registration | $15 | NA | $40 |
SECTION 7. SPS 305.04 (1) and (Note) and (2) (a) are amended to read:
SPS 305.04 (1) An application for a license, certification, or registration, or enrollment covered under this chapter shall be granted or denied by the department within 21 calendar days after the department receives all of the application materials necessary to obtain the license, certification, or registration, or enrollment.
(Note) Pursuant to s. 227.116, Stats., the failure by the department to make a determination on an application results in the department having to prepare and file a report with the permit information center of the department. The failure by the department to make a determination on an application does not relieve a person from the obligation to comply with the requirements or qualifications of the license, certification, or registration, or enrollment or to secure the license, certification, or registration, or enrollment. (2) (a) If the license, certification, or registration, or enrollment application information is insufficient, the department shall request additional information within 21 calendar days of receipt of the application.
SECTION 8. SPS 305.05 (2) is amended to read:
SPS 305.05 (2) A license, certification, or registration, or enrollment holder shall be responsible for notifying the department of any change in mailing address.
SECTION 9. SPS 305.06 (1) and (2) are amended to read:
SPS 305.06 (1) A license, certification, or registration, or enrollment issued under this chapter shall be valid for a period of time no longer than that specified in Table 305.06.
(2) A license, certification, or registration, or enrollment issued under this chapter shall expire at midnight on the day or date of expiration of the term specified in Table 305.06.
SECTION 10. SPS Table 305.06, (intro.) and line 21., are amended to read:
| License, Certification, or Registration, or Enrollment Category | Term | Expiration Date |
21. | Beginning Registered Electrician | 1 year | Date of Issuance |
SECTION 11. SPS Table 305.06, line 32s., is created to read:
| License, Certification, Registration, or Enrollment Category | Term | Expiration Date |
32s. | Inspection Agency | 4 years | Date of Issuance |
