• SPS 316.210 (1) (b) is created to not incorporate 2017 NEC 210.8 (A) (9) and (10), which expand GFCI protection requirements in dwelling units to receptacles installed within 6 feet of a bathtub or shower stall and in laundry areas.
• SPS 316.210 (1) (c) is created to not incorporate 2017 NEC 210.8 (B), which for other than dwelling units increases the threshold rating of voltage and amperage used to determine if a receptacle requires GFCI protection.
• SPS 316.210 (2) is created to not incorporate 2017 NEC 210.11 (C) (4), which requires at least one 120-volt, 20-ampre branch circuit be installed to supply receptacle outlets to attached dwelling unit garages and detached dwelling unit garages with electric power.
• SPS 316.210 (3) (a) is created to not incorporate the portion of 2017 NEC 210.12 (A) that expands AFCI protection requirements to kitchens in dwelling units.
• SPS 316.210 (6) is created to not incorporate 2017 NEC 210.52 (G) (1), which requires at least one receptacle outlet in each vehicle bay of a dwelling unit garage.
• SPS 316.210 (7) is amended to not incorporate 2017 NEC 210.71, which requires a minimum number of receptacles be installed in meeting rooms.
• SPS 316.240 is created to not incorporate 2017 NEC 240.67, which, effective January 1, 2020, expands the arc energy reduction method for circuit breakers to include fuses rated 1200A or greater.
• SPS 316.404 is created to not incorporate 2017 NEC 404.2 (C), which requires installation of the grounded conductor at the switch location for switches controlling lighting loads.
• SPS 316.406 (2) is created to not incorporate 2017 NEC 406.9 (B) (1), which requires receptacle outlet boxes for receptacles of 15- and 20-ampres in a wet location be listed and identified as "extra duty."
• SPS 316.551 is created to not incorporate 2017 NEC 551.71 (C), which requires every recreational vehicle site equipped with a 50-ampre receptacle also be equipped with a 30-ampre, 125-volt receptacle.
• Changes the licensing category of a “beginning electrician” that is registered by the department to a “registered electrician” that is enrolled by the department.
• Revises the licensure requirements for master electricians and journeyman electricians.
• Creates a provision allowing the department to enter into a reciprocal agreement with another state under which credentials issued to electricians, electrical apprentices, electrical contractors, and electrical inspectors by either state are recognized as comparable credentials by the other state.
Summary of, and comparison with, existing or proposed federal statutes and 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. A search of the Code of Federal Regulations (CFR) found the following regulations:
• Title 29 CFR, Part 1910.302 through 1910.308 – Design Safety Standards for Electrical Systems, and 1910.331 through 1910.335 – Electrical Safety-Related Work Practices Standards. Subpart S of this regulation contains design safety standards for electrical systems, safety-related work practices and maintenance requirements and safety requirements for special electrical equipment to safeguard employees in their workplaces. Subpart R contains industrial lighting requirements and safe practices relating to lockouts and emergency lighting requirements for the safety of employees working in special industries. These regulations are part of the Occupational Safety and Health Standards. • Title 29 CFR, Part 1926 – Safety and Health Regulations for Construction. Subpart K of this regulation contains installation safety requirements, safety requirements and environmental considerations for special equipment necessary to safeguard employees working in special industries. • Title 30 CFR, Part 75 – Mandatory Safety Standards – Underground Coal Mines. Subpart F contains specific electrical safety requirements for the protection of employees working in underground coal mines. • Title 30 CFR, Part 57 – Safety and Health Standards – Underground Metal and Nonmetal Mines. Subpart K of this regulation contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines. • Title 24 CFR, Part 3280 – Manufactured Home Construction and Safety Standards. Subpart I of this regulation covers electrical systems in manufactured homes, and requires compliance with the 2005 NEC. • Title 7 CFR, Part 1755 – Telecommunication Standards and Specifications for Materials, Equipment, and Construction. This regulation applies to telecommunications wiring and equipment and requires compliance with the NEC. Comparison with rules in adjacent states:
An Internet-based search found that all adjacent states except Illinois adopt or incorporate by reference the National Electrical Code (NEC).
Illinois: Illinois does not administer a statewide electrical code.
Iowa: The Iowa Department of Public Safety administers a statewide electrical code that adopts the 2014 edition of the NEC with modifications (661 IAC 504.1).
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:
