STATE OF WISCONSIN
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : DEPARTMENT OF SAFETY AND
DEPARTMENT OF SAFETY AND : PROFESSIONAL SERVICES
PROFESSIONAL SERVICES : ADOPTING RULES
: (CLEARINGHOUSE RULE 19-099)
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ORDER
An order of the Department of Safety and Professional Services to create SPS 302.35, relating to a fee schedule for commercial electrical inspections.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
None.
Statutory authority:
Explanation of board authority:
Section 101.82 (4), Stats., provides the Department shall “[e]stablish by rule a schedule of fees sufficient to defray the costs incurred under this subchapter.” Related statute or rule:
Chapter SPS 316 provides the permitting and inspection requirements for commercial electrical systems. Plain language analysis:
This rule updates ch. SPS 302 to provide a fee schedule for commercial electrical inspections. 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.
