CR 16-093 Rule Text

STATE OF WISCONSIN

DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE

DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

ORDER OF THE DEPARTMENT ADOPTING RULES

(CLEARINGHOUSE RULE 16-093)

ORDER

An order of the department to repeal SPS 305.44 (1), 305.44 (5) (b), 316.007, 316.011, 316.100 (1) (a) and (2) (a), 316.230 (1) (a) (Note 1), 316.620 (2), 316.915 (3), (6), (7), (8), (10), (12), and (13), and subch. V of ch. SPS 316; to renumber SPS 305.44 (5) (a), 316.006, 316.008, subch. II of ch. SPS 316, 316.013, 316.015, subch. III of ch. SPS 316, 316.100 (1) (b) to (d), 316.310 (1) and (2), subch. IV of Chapter SPS 316, 316.930, and 316.960; to renumber and amend SPS 305.10 (1), 316.009, 316.010, 316.012, 316.014, 316.300 (2), 316.310 (intro.), 316.400, 316.406, 316.620 (1), and 316.675; to consolidate, renumber, and amend SPS 316.100 (2) (intro.) and (b); to amend SPS 305.001 and 305.002, 305.01 (1) and (Note 1) and (3), 305.02 (1) (a), (2), (3), and (5), Table 305.02 (intro.) and line 26., 305.04 (1) and (Note) and (2) (a), 305.05 (2), 305.06 (1) and (2), 305.07 (1) (a) and (b) and (2) (a), (Note), (b) 1. (intro.) and b., and (c), 305.10 (1) (a) (intro.) and 1. to 8., (b) (intro.) and 2., (c), (e), and (f) 1. a. to d. and 2., 305.11 (1) to (3), 305.12, 305.40 (1) (intro.) and (f) and (4) (d), 305.41 (Note 3), 305.44 (6) (b) 3., 305.45 (title), (1) (intro.), and (2) (a), (b), and (c) 1. to 4., 316.003 (Note), 316.090, 316.220 (1) and (2), 316.225 (1), (2) (intro.), (3), (4), and (6), 316.230 (1) (a) (intro.) and (c), (2), (3) (a) and (b), and (4) (intro.), 316.250 (1) and (2), 316.300 (1) (intro.), 316.312 (1), (2), and (3), 316.314 (1) and (2), 316.334 (1) and (2), 316.358, 316.450 (1) and (2), 316.511 (1) and (2), 316.547, 316.680 (1) and (2), 316.700 (1) (intro.), (2), and (3), and 316.701 (1) and (2); to repeal and recreate SPS 305.43 (2), 305.44 (3), 305.62 (6), 305.63 (5), subch. I (title) of ch. SPS 316, 316.002, 316.004, 316.110, and 316.210 (1) to (6); and to create SPS 305.01 (4) (j), SPS Table 305.02, line 37s., SPS Table 305.06, line 32s., 305.47, 305.629, 316.003 (6), 316.006, 316.007 (1) (am), subch. II of ch. SPS 316, 316.023 (3), 316.210 (7) and (8), 316.230 (5), 316.240, 316.250 (3), 316.300 (2) (b), 316.310 (2), 316.400 (2), 316.404, 316.406 (2), 316.511 (3) and (4), 316.551, and 316.675 (2), relating to the electrical code and affecting small businesses.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Section 101.82 (1), Stats.

Statutory authority:

Sections 101.19, 101.63, 101.73, 101.82, and 101.84, Stats.

Explanation of agency authority:

Section 101.19, Stats., requires the department to, by rule, fix and collect fees that, as closely as possible, equal the cost of providing the examination of plans for public buildings, public structures, places of employment and the components thereof and each inspection of a facility conducted to ensure that the construction is in accordance with the plans approved by the department.

Section 101.63, Stats., requires the department to adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof and, where feasible, to use standards that are nationally recognized.

Section 101.73, Stats., requires the department to:

• Adopt rules which establish standards for the use of building materials, methods and equipment in the manufacture and installation of modular homes for use as dwellings or dwelling units. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems. Such rules shall take into account the conservation of energy in construction and maintenance of dwellings and the costs to home buyers of specific code provisions in relation to the benefits derived therefrom.

• Adopt rules for the examination of plans and specifications and for periodic in-plant and on-site inspections of manufacturing facilities, processes, fabrication, assembly and installation of modular homes to ensure that examinations and inspections are made in compliance with the rules adopted for construction, electrical wiring, heating, ventilating, air conditioning and other systems under ss. 101.70 to 101.77, Stats., and with the rules for indoor plumbing adopted by the department under ch. 145, Stats.

• Provide for examination of plans and specifications and in-plant inspections when contracted for by the manufacturer under s. 101.75 (1), Stats., and contract to provide on-site inspection services for the installation of modular homes for dwellings, at municipal expense, for any municipality which requires such service under s. 101.76 or 101.761, Stats.

• Adopt rules for the certification, including provisions for suspension and revocation thereof, of on-site inspectors of the installation of modular homes for dwellings. Persons certified as on-site inspectors may be employees of the department, a city, village, town or county or an independent agency.

• Adopt rules for the certification, including provisions for suspension and revocation thereof, of independent inspection agencies to conduct in-plant inspections of manufacturing facilities, processes, fabrication and assembly of modular homes for dwellings and to certify compliance with subch. I of ch. 101, Stats.

Section 101.82, Stats., requires the department to:

• Promulgate by rule a state electrical wiring code that establishes standards for installing, repairing, and maintaining electrical wiring. Where feasible, the rules shall reflect nationally recognized standards.

• Regulate master electricians, including residential master electricians, journeyman electricians, including residential journeyman electricians and industrial journeyman electricians, electrical apprentices, including residential electrical apprentices and industrial electrical apprentices, and registered electricians.

• Promulgate rules that establish criteria for the enrollment of registered electricians and for the registration of electrical apprentices.

• Promulgate rules that establish procedures for the enrollment of registered electricians, the registration of electrical apprentices, and the licensing of journeyman electricians and master electricians.

• Promulgate rules that establish requirements for the supervision of registered electricians. Registered electricians must be supervised by licensed journeyman or master electricians.

• Promulgate rules that establish criteria and procedures for the licensing of electrical contractors.

• Promulgate rules that establish criteria and procedures for the certification of electrical inspectors for the purpose of inspecting electrical wiring.

• 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), Stats.

• Promulgate rules that establish criteria and a process for the suspension or revocation of registrations issued to registered electricians, licenses issued to electricians and electrical contractors, and certifications issued to electrical inspectors.

• Establish by rule a schedule of fees sufficient to defray the costs incurred under subch. IV of ch. 101, Stats.

Section 101.84, Stats., provides the department may:

• Hold hearings on any matter relating to this subchapter and issue subpoenas to compel the attendance of witnesses and the production of evidence at the hearings.

• Promulgate rules to differentiate the scope of installation, repair, or maintenance of electrical wiring that may be performed by electrical contractors, registered electricians, journeyman electricians, master electricians, and any additional types of electricians recognized by the department.

• The department may promulgate rules that recognize and regulate different types and subtypes of electricians that are in addition to those specified in s. 101.82 (1g), Stats., and that establish criteria and procedures for enrolling, registering, or licensing these electricians.

Related statutes or rules:

• Chapters SPS 361 to 366, Wisconsin Commercial Building Code

• Chapters SPS 320 to 325, Uniform Dwelling Code

• Chapter PSC 114, Wisconsin State Electrical Code (Volume I)

Plain language analysis:

The rules update Wisconsin’s electrical code to the 2017 edition of the National Electrical Code (NEC) with certain specified changes, additions, and omissions to the requirements of the NEC.

Out of over 2,300 changes in the 2014 and 2017 editions of the NEC reviewed by department staff and the Electrical Code Advisory Committee, department staff conducted a second review of less than 200 changes it considered to be the most significant. As a result of its additional review and public comment, the department determined 11, or less than 1%, of the changes from the 2014 and 2017 editions of the NEC would not be incorporated into Wisconsin’s electrical code:

• SPS 316.210 (1) (a) is created to not incorporate 2017 NEC 210.9 (A) (7), which expands GFCI protection requirements to receptacles installed within 6 feet of a kitchen sink in a dwelling unit.