Summary of, and comparison with, existing or proposed federal regulation:
None.
Summary of public comments and feedback on the statement of scope and the Department’s responses:
The Department held a public comment period and conducted a public hearing on June 7, 2019. The Department received written comments from RENEW Wisconsin and testimony from Bryan Preuss of Preuss Electric.
RENEW Wisconsin recommended the statement of scope include consideration for the following:
-A separate fee schedule for the plan review and inspection of solar arrays.
-Clarification that 3rd party electrical inspectors, certified by the State, are allowed to inspect solar PV systems and that the fees in SPS 302 apply to their services.
RENEW Wisconsin also requested that, although not in the scope of the rule, the Department clarify that minor additions to an electrical service do not trigger an inspection.
Mr. Preuss’ testimony focused on current fees, which he indicated were not sufficient to cover the inspection costs of 3rd party inspectors.
The Department did not modify the scope statement in response to the comments and testimony received. The scope statement is broad enough to allow the Department the flexibility to set fees, including fees for specific types of electrical systems, that are sufficient to defray inspection costs.
Comparison with rules in adjacent states:
Illinois: Illinois does not administer a statewide electrical program. Inspection fees are established by each municipality with administrative authority.
Iowa: The Iowa Department of Public Safety administers a statewide electrical program. Rules of the Department [661 IAC, 550.5 (1) to (8)] establish fees for services provided by the electrical inspection program. Generally, fees are assessed as follows:
- The fee for each separate inspection of an installation, replacement, alteration, or repair is $25.
- The fee for services, change of services, temporary services, additions, alterations, or repairs on either primary or secondary services are as follows:
- Zero to one hundred ampere capacity, $25 plus $5 per branch circuit or feeder.
- One hundred one to two hundred ampere capacity, $35 plus $5 per branch circuit or feeder.
- For each additional one hundred ampere capacity or fraction thereof, $20 plus $5 per branch circuit or feeder.
The rules also specify the fees assessed for field irrigation systems, reinspections, inspections requested by an owner, fire and accident inspections, inspections for installations requiring more than six months in the process of construction, and inspections for installations for which a permit has not been filed.
Michigan: The Michigan Department of Licensing and Regulatory Affairs administers a statewide electrical program through the Construction Code Commission. Rules of the Department do not establish specific inspection fees, but require fees charged by townships, villages, cities, counties and the Commission for inspection of construction to bear a reasonable relationship to all costs, including overhead of services rendered [Mich Admin Code, R 408.30221 (1)].
Minnesota: The Minnesota Department of Labor and Industry administers a statewide electrical program. The Minnesota statutes establish fees for electrical inspections [2018 Minnesota Statutes, Section 326B.37]. Generally, fees are assessed as follows:
- The minimum fee for each separate inspection of an installation, replacement, alteration, or repair is $35.
- The inspection fee for the installation, addition, alteration, or repair of each service, change of service, temporary service, generator, other power supply source, or feeder to a separate structure:
- Zero ampere to and including 400 ampere capacity, $35.
- Four hundred and one ampere to and including 800 ampere capacity, $60.
- Ampere capacity above 800, $100.
- The inspection fee for the installation, addition, alteration, or repair of each circuit, feeder, feeder tap, or set of transformer secondary conductors, including the equipment served:
- Zero ampere to and including 200 ampere capacity, $6.
- Ampere capacity above 200, $15.
The statutes also specify the fees for inspections of one- and 2-family dwellings, reinspections, special inspections, inspections of transitory projects, inspections of wind electric systems, and inspections of photovoltaic systems.
Summary of factual data and analytical methodologies:
The Department analyzed the costs associated with providing commercial electrical inspections and has developed a fee schedule sufficient to defray those costs.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
The proposed 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. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
Effect on small business:
These proposed rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator, Dan Hereth, may be contacted by calling (608) 267-2435. Agency contact person:
Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone 608-261-4472; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received at or before the public hearing to be held at 1:00 p.m. on August 22, 2019, to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. SPS 302.35 is created to read:
SPS 302.35 Electrical systems.
(1) General. Fees for all permit and inspection services provided under s. SPS 316.011 (2) (a) shall be determined in accordance with this section. (2) Permit fees. (a) Except as provided under sub. (3), the permit fee for the installation of new or an addition to an electrical service, feeder, or branch circuit shall be the greater of the amount determined in accordance with Table 302.35-1 or $160.
(b) The fee under par. (a) includes the fees for a minimum of one rough-in inspection and one final inspection.
(c) The fees under Table 302.35-1 shall be doubled for projects where the installation, erection, or construction of an electrical system is initiated without the required permit.
Table 302.35-1
Permit Fees
Installation Component(s) | Unit of Measure | Permit Fee |
Service, including one service disconnect - 100 to 400 amperes | Each | $80.00 |
Service, including one service disconnect - 401 to 800 amperes | Each | $120.00 |
Service, including one service disconnect - over 800 amperes | Each | $160.00 |
Additional service disconnect | Each | $13.50 |
Branch circuit – 20 amperes or less | Each | $20.00 |
Branch circuit – 21 to 60 amperes | Each | $30.00 |
Branch circuit – over 60 amperes | Each | $50.00 |
Temporary service and wiring | Lump sum | $240.00 |
Transformer, reactor, or similar component | Each | $40.00 |
Fire alarm, communication and data, and power over ethernet device | Each | $2.75 |
Emergency standby system, including generator, one transfer switch, and inverter | Each | $160.00 |
Additional emergency standby transfer switch | Each | $160.00 |
Solar photovoltaic system – 0-10 kW | Each | $160.00 |
Solar photovoltaic system – 11-20 kW | Each | $200.00 |
Solar photovoltaic system – over 20 kW | Each | $400.00 |
Swimming pool, including associated wiring | Each | $160.00 |
Elevator, escalator, or dumbwaiter, including associated wiring | Each | $80.00 |
(3) Inspection agency permit and inspection fees. The permit and inspection fees assessed by an inspection agency for the installation of new or an addition to an electrical service, feeder, or branch circuit may be determined by contract between the inspection agency and the department.
(4) Plan review fee. A fee of $160 shall be assessed for each electrical system plan review that is required or is requested by the permit applicant.
(5) Reinspection fee. A fee of $160 shall be assessed for a department inspection conducted to gain compliance after an order has been issued by the department.
(6) Refund of permit fee. The department may refund all or a portion of a fee assessed under sub. (2) for a project that is abandoned within 12 months after the date the permit is issued, if installation of the electrical wiring has not commenced.
(7) Fee for an incomplete or incorrect permit. An additional fee of $80 may be assessed if a permit application is submitted with incomplete or incorrect information.
Section 2. Effective Date. The rules adopted in this order shall take effect on January 1, 2020, pursuant to s. 227.22 (2) (b), Stats. ------------------------------------------------------------------------------------------------------------
(END OF TEXT OF RULE)
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