EmR2015 Rule Text

Related statutes or rules:

None.

Plain language analysis:

The emergency rules will, in the interest of slowing the spread of COVID-19, prevent fire prevention and electrical inspectors from having to unnecessarily come into contact with individuals on multiple job sites. Specifically, the emergency rules will revise s. SPS 314.01 to allow required fire prevention inspections to be postponed and s. SPS 316.013 to temporarily allow a master electrician to issue an affidavit to the utility company in lieu of an inspection.

Summary of, and comparison with, existing or proposed federal statutes and regulations:

None.

Comparison with rules in adjacent states:

Illinois:

Illinois does not, by rule, provide a means to slow the spread of COVID-19 by limiting the physical contact involved in conducting fire prevention and electrical inspections.

Iowa:

Iowa does not, by rule, provide a means to slow the spread of COVID-19 by limiting the physical contact involved in conducting fire prevention and electrical inspections.

Michigan:

Michigan does not, by rule, provide a means to slow the spread of COVID-19 by limiting the physical contact involved in conducting fire prevention and electrical inspections.

Minnesota:

Minnesota does not, by rule, provide a means to slow the spread of COVID-19 by limiting the physical contact involved in conducting fire prevention and electrical inspections.

Summary of factual data and analytical methodologies:

The emergency rules were developed based on a comprehensive review of the Department’s rules initiated in response to COVID-19.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

As the emergency rules provide the ability to postpone required fire prevention inspections and the option to provide an affidavit from a master electrician indicating compliance with the electrical code in lieu of an inspection, there is no anticipated effect on small business.

Fiscal estimate:

These emergency rules will not have a fiscal impact.

Effect on small business:

These emergency rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

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 [phone]; email at [e-mail].

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, Wisconsin 53708-8366, or by email to [e-mail]. Comments must be submitted by the date and time at which the public hearing on these rules is conducted. Information as to the place, date, and time of the public hearing will be published on the Legislature’s website and in the Wisconsin Administrative Register.

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TEXT OF RULE

Section 1.   SPS 314.01 (13) (b) 3. is amended to read:

SPS 314.01 (13) (b) 3. ‘Scheduling of inspections.’ Fire prevention inspections shall be conducted at least once in each non−overlapping 6−month period per calendar year, or more often if ordered by the fire chief, in all territory served by the fire department, except as provided in subds. 4. to 7 7m.

Section 2.   SPS 314.01 (13) (b) 7m. is created to read:

SPS 314.01 (13) (b) 7m. ‘Postponement of inspections due to COVID-19.’ A fire prevention inspection required under subd. 3. may be postponed if the fire chief determines the inspection will cause the inspector or any individual at the location where the inspection is to take place to be at risk for exposure to COVID-19. An inspection postponed under this subdivision shall be prioritized and conducted as soon as practicable after the period of postponement under this subdivision ends.

Section 3.   SPS 316.013 (1) (b) is amended to read:

SPS 316.013 (1) Except as provided under s. 101.875 (2), Stats., and sub. (3) (e), electrical wiring installations shall be subject to inspection.

Section 4.   SPS 316.013 (3) (e) is created to read:

SPS 316.013 (3) (e) An inspection under this subsection is not required if the building owner, the building owner’s agent, or the inspection agency determines the inspection will cause the inspector or any individual at the location where the inspection is to take place to be at risk for exposure to COVID-19. If an inspection is not conducted, prior to concealment or energizing of the electrical wiring an individual licensed as a master electrician under s. SPS 305.43 shall issue an affidavit to the applicable utility company indicating the installation is in compliance with this chapter.

Section 5.   Effective date. The rules adopted in this order shall take effect upon publication in the official state newspaper, pursuant to s. 227.22 (2) (c), Stats.

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(END OF TEXT OF RULE)

Dated _________________   Agency __________________________________

            Secretary

          Department of Safety and Professional Services