2007 WISCONSIN ACT
63
An Act
to repeal
59.79 (4), 101.80 (2), 101.82 (3), 101.82 (3m), 101.84 (2), 101.86 (2), 101.865, 101.87 (2), 101.87 (3) and 101.87 (4);
to renumber and amend
101.80 (1), 101.86 (3) and 101.87 (1);
to amend
86.16 (2), 101.02 (20) (a), 101.02 (21) (a), subchapter IV (title) of chapter 101 [precedes 101.80], 101.82 (1), 101.82 (2), 101.86 (1) (a), 101.86 (1) (c), 101.88 (1), 101.88 (2), 101.88 (3), 182.018 (3) and 289.33 (3) (d);
to repeal and recreate
101.87 (title); and
to create
101.80 (1g), 101.80 (1j), 101.80 (1m), 101.80 (3), 101.80 (4), 101.80 (5), 101.82 (1m), 101.82 (1r), 101.82 (1v), 101.82 (2m), 101.82 (3r), 101.84 (3), 101.861, 101.862 and 101.87 (5) of the statutes;
relating to:
a state electrical wiring code; regulation of electricians, electrical contractors, and electrical inspectors; inspections of electrical wiring; regulation of electrical wiring; regulation of heating and air conditioning contractors by a county with a population of 500,000 or more; and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
59.79 (4) of the statutes is repealed.
Section
2
.
86.16 (2) of the statutes is amended to read:
86.16
(2)
All poles used in the construction of such lines shall be set in such manner as not to interfere with the use of such highway by the public, nor with the use of the adjoining land by the owner thereof; and all pole lines shall hereafter be constructed so as to meet the requirements of the
Wisconsin
provisions of the
state electrical code
promulgated by the public service commission
.
101.02
(20)
(a) For purposes of this subsection, "license" means a license, permit or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82
(2), 101.87
(1m), (1v), and (2)
, 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).
101.02
(21)
(a) In this subsection, "license" means a license, permit or certificate of certification or registration issued by the department under s. 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82
(2), 101.87
(1m), (1v), and (2)
, 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).
Section
5
.
Subchapter IV (title) of chapter 101 [precedes 101.80] of the statutes is amended to read:
CHAPTER 101
SUBCHAPTER IV
INSPECTION OF
ELECTRICAL
CONSTRUCTION
wiring
AND
CERTIFICATION OF MASTER ELECTRICIANS, CONTRACTORS, JOURNEYMEN AND BEGINNING
ELECTRICIANS
Section
6
.
101.80 (1) of the statutes is renumbered 101.80 (1r) and amended to read:
101.80
(1r)
"Municipality" means
a
city, town, village
and
, or
county.
Section
7
.
101.80 (1g) of the statutes is created to read:
101.80
(1g)
"Electric cooperative" has the meaning given in s. 196.025 (5) (ag).
Section
8
.
101.80 (1j) of the statutes is created to read:
101.80
(1j)
"Electricity provider" means a public utility, an electric cooperative, or a wholesale merchant plant operator.
Section
9
.
101.80 (1m) of the statutes is created to read:
101.80
(1m)
"Electrical wiring" means all equipment, wiring, material, fittings, devices, appliances, fixtures, and apparatus used for the production, modification, regulation, control, distribution, utilization, or safeguarding of electrical energy for mechanical, chemical, cosmetic, heating, lighting, or similar purposes, as specified under the state electrical wiring code. "Electrical wiring" does not include the equipment, wiring, material, fittings, devices, appliances, fixtures, and apparatus used by a public utility, an electric cooperative, or a wholesale merchant operator for the purpose of generating, transmitting, distributing, or controlling heat, light, power, or natural gas to its customers or members.
Section
10
.
101.80 (2) of the statutes is repealed.
Section
11
.
101.80 (3) of the statutes is created to read:
101.80
(3)
"Public utility" has the meaning given in s. 196.01 (5).
Section
12
.
101.80 (4) of the statutes is created to read:
101.80
(4)
"State electrical wiring code" means the rules promulgated under s. 101.82 (1) for electrical wiring.
Section
13
.
101.80 (5) of the statutes is created to read:
101.80
(5)
"Wholesale merchant plant operator" means the operator of a wholesale merchant plant, as defined in s. 196.491 (1) (w).
Section
14
.
101.82 (1) of the statutes is amended to read:
101.82
(1)
Adopt rules for the construction and inspection of electrical construction of public buildings and places of employment and for the inspection of electrical construction of places where farming, as defined in s. 101.01 (11), is conducted
Promulgate by rule a state electrical wiring code that establishes standards for installing, repairing, and maintaining electrical wiring
. Where feasible, the
standards used shall be those
rules shall reflect
nationally recognized
. No rule may be adopted which does not take into account the conservation of energy in construction and maintenance of buildings
standards
.
Section
15
.
101.82 (1m) of the statutes is created to read:
101.82
(1m)
Promulgate rules that establish criteria and procedures for the registration of beginning electricians and for the examination and licensing of different types of electricians, including journeymen electricians and master electricians.
Section
16
.
101.82 (1r) of the statutes is created to read:
101.82
(1r)
Promulgate rules that establish requirements for the supervision of beginning electricians.
Section
17
.
101.82 (1v) of the statutes is created to read:
101.82
(1v)
Promulgate rules that establish criteria and procedures for the licensing of electrical contractors.
Section
18
.
101.82 (2) of the statutes is amended to read:
101.82
(2)
Adopt
Promulgate
rules
that establish criteria and procedures
for the certification
, including provisions for suspension and revocation thereof,
of electrical inspectors for the purpose of inspecting
the
electrical wiring
of public buildings and places of employment. Persons certified as inspectors may be employees of the department, a municipality or private inspection agency
.
Section
19
.
101.82 (2m) of the statutes is created to read:
101.82
(2m)
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).
Section
20
.
101.82 (3) of the statutes is repealed.
Section
21
.
101.82 (3m) of the statutes is repealed.
Section
22
.
101.82 (3r) of the statutes is created to read:
101.82
(3r)
Promulgate rules that establish criteria and a process for the suspension or revocation of registrations issued to beginning electricians, licenses issued to electricians and electrical contractors, and certifications issued to electrical inspectors.
Section
23
.
101.84 (2) of the statutes is repealed.
Section
24
.
101.84 (3) of the statutes is created to read:
101.84
(3)
Promulgate rules to differentiate the scope of installation, repair, or maintenance of electrical wiring that may be performed by electrical contractors and by different types of electricians, including beginning electricians, journeymen electricians, and master electricians.
Section
25
.
101.86 (1) (a) of the statutes is amended to read:
101.86
(1)
(a)
Exercise
Enact an electrical code or otherwise exercise
jurisdiction over electrical
construction
wiring
and inspection of electrical
construction in public buildings and places of employment
wiring
by
passage
enactment
of ordinances
, providing such ordinances meet the minimum requirements of the department's rules adopted under this subchapter
. An ordinance enacted under this paragraph may not be less restrictive than this subchapter
. A county ordinance shall apply in any city, village or town which has not enacted such an ordinance.
Section
26
.
101.86 (1) (c) of the statutes is amended to read:
101.86
(1)
(c) By ordinance, establish and collect fees to defray the cost of jurisdiction exercised under par. (a) or (b)
or a contract under sub. (2)
.
Section
27
.
101.86 (2) of the statutes is repealed.
Section
28
.
101.86 (3) of the statutes is renumbered 101.86 (3) (a) and amended to read:
101.86
(3)
(a) The cost of inspection services provided by any county
which
that
has enacted an ordinance under sub. (1)
or contracted under sub. (2)
,
if not defrayed by fees
,
shall be charged to or taxed
upon
against
the property within those cities, villages
,
and towns in the county
which
that
have not enacted
a local construction and inspection
an
ordinance under sub. (1)
or contracted under sub. (2), and no
.
(b) No
part of the cost of inspection services
, if not defrayed by fees,
may be charged to or taxed against the property within any city, village
,
or town
which
that
has enacted
such
an ordinance
or contracted
under sub.
(2)
(1)
.
Section
29
.
101.861 of the statutes is created to read:
101.861
Municipal licensing authority.
Any ordinance enacted by a municipality that relates to licensure or certification of electrical contractors or electricians pursuant to the municipality's authority under s. 101.865, 2005 stats., or s. 101.87, 2005 stats., and that is in existence on the effective date of this section .... [revisor inserts date], shall remain in effect until the first day of the 61st month beginning after the effective date of this section .... [revisor inserts date], but may not be amended or repealed during this time period. Beginning on the first day of the 61st month beginning after the effective date of this section .... [revisor inserts date], such an ordinance is no longer in effect, and municipalities may no longer impose any registration, licensing, or certification requirements on electrical contractors, electricians, or electrical inspectors.
Section
30
.
101.862 of the statutes is created to read:
101.862
License, registration, or certification required.
(1)
No person may engage in the business of installing, repairing, or maintaining electrical wiring unless the person is licensed as an electrical contractor by the department.
(2)
No person may install, repair, or maintain electrical wiring unless the person is licensed as an electrician by the department or unless the person is registered as a beginning electrician by the department.
(3)
No person who is not a master electrician may install, repair, or maintain electrical wiring unless a master electrician is at all times responsible for the person's work.
(4)
Subsections (1) to (3) do not apply to any of the following:
(a) A residential property owner who installs, repairs, or maintains electrical wiring on premises that the property owner owns and occupies as a residence, unless a license or registration issued by the department is required by local ordinance.
(b) A person engaged in maintaining or repairing electrical wiring within a facility or on premises owned or leased by the person or by an entity for which the person is an agent.
(c) A person engaged in installing, repairing, or maintaining electrical wiring, apparatus, or equipment for elevators and escalators.
(d) A person engaged in installing, repairing, or maintaining equipment or systems that operate at 100 volts or less.
(e) A person engaged in installing, repairing, or maintaining an electronic system designed to monitor a premises for the presence of an emergency, to issue an alarm for an emergency, or to detect and summon aid for an emergency.
(f) A person engaged in installing, repairing, or maintaining electrical wiring of transmission facilities, as defined in s. 196.01 (12).
(g) A person engaged in installing, repairing, or maintaining manufactured equipment or a manufactured system that is designed to provide a function that is not primarily electrical in nature if the installation, repair, or maintenance does not involve the modification or installation of conductors beyond the disconnecting point or beyond the last junction, pull, or device box, whichever is nearer to the point where the person is performing the installation, repair, or maintenance.
(h) A person engaged in installing electrical wiring for components of a manufactured home, as defined in s. 101.91 (2), or a manufactured building, as defined in s. 101.71 (6), while the manufactured home or the manufactured building is at or in the facility at which it is being manufactured.
(i) A person employed by an electricity provider, or a subcontractor of an electricity provider, who installs, repairs, or maintains electrical wiring for equipment that is installed in the normal course of providing utility services by the electricity provider.
(j) A person engaged in installing, repairing, or maintaining electrical wiring that provides lighting or signals for public thoroughfares and for public airports.
(k) A person engaged in installing, repairing, or maintaining electric lines on the utility side of substations and other distribution facilities owned or operated by customers or members of electricity providers.
(L) A person employed by an electricity provider, or a subcontractor of an electricity provider, who installs, repairs, or maintains primary voltage electric facilities that are owned by the electricity provider's customers or members and that operate at greater than 600 volts.
(m) A person employed by an electricity provider, or a subcontractor of an electricity provider, who restores service during an emergency.
Section
31
.
101.865 of the statutes is repealed.
Section
32
.
101.87 (title) of the statutes is repealed and recreated to read:
101.87
(title)
Requirements for journeymen electricians.
Section
33
.
101.87 (1) of the statutes is renumbered 101.87 (1) (intro.) and amended to read:
101.87
(1)
(intro.)
The department shall adopt rules establishing a uniform examination for the statewide certification of master electricians and establishing certification requirements for electrical contractors, journeymen electricians and beginning electricians. The rules shall specify that only master electricians and persons who employ at least one master electrician may be certified as electrical contractors; that persons who successfully complete
The rules governing the licensing of journeymen electricians under s. 101.82 (1m) shall require that an applicant for licensure as a journeyman electrician who is not a residential journeyman electrician have at least one of the following qualifications:
(a) Completion of
an apprenticeship program
lasting for
in installing, repairing, and maintaining electrical wiring that has a duration of
at least 4 years and
that is
approved by the U.S. department of labor and by the department
or pass an inside journeyman wireman examination and who have installed
of workforce development.
(b) Experience in installing, repairing, and maintaining
electrical wiring for at least
48
60
months and
have maintained and repaired electrical wiring for at least one month shall be certified as journeymen electricians; and that only persons who have some experience installing and repairing electrical wiring may be certified as beginning electricians. The rules shall provide for the periodic administration of the examination, shall specify the certification period and examination fee and shall establish criteria for the suspension of the certificate by the department for violations of a municipality's electrical code upon notification of such violations by the municipality. Applicants for certification as electrical contractors shall provide the department with their social security number, their worker's compensation number, their unemployment insurance account number, their state and federal tax identification numbers and the name and address of each partner or member if they are partnerships or limited liability companies, of the owner if they are individual proprietorships and of their officers if they are corporations
passage of an examination required by the department.
Section
34
.
101.87 (2) of the statutes is repealed.
Section
35
.
101.87 (3) of the statutes is repealed.
Section
36
.
101.87 (4) of the statutes is repealed.
Section
37
.
101.87 (5) of the statutes is created to read:
101.87
(5)
The rules promulgated under s. 101.82 (1m) shall require that an applicant for licensure as a residential journeyman electrician have at least one of the following qualifications:
(a) Completion of an apprenticeship program in installing, repairing, and maintaining residential electrical wiring that has a duration of at least 3 years and that is approved by the U.S. department of labor and by the department of workforce development.
(b) Experience in installing, repairing, and maintaining electrical wiring for at least 36 months, and passage of an examination required by the department.
Section
38
.
101.88 (1) of the statutes is amended to read:
101.88
(1)
Every
contractor, designer and owner
person installing, repairing, or maintaining electrical wiring
shall use
building
materials, methods
,
and equipment
which
that
are in conformance with the rules
adopted
promulgated
by the department under this subchapter.
Section
39
.
101.88 (2) of the statutes is amended to read:
101.88
(2)
All inspections
of electrical wiring
shall be made by persons certified by the department.
Section
40
.
101.88 (3) of the statutes is amended to read:
101.88
(3)
Except as provided under s. 101.865 (2), whoever
Any person who
violates this subchapter or any rule promulgated under this subchapter shall forfeit to the state not less than $25 nor more than $500 for each violation. Each day of violation constitutes a separate offense.
Section
41
.
182.018 (3) of the statutes is amended to read:
182.018
(3)
All wires strung over any railroad on or after August 1, 1949
,
shall be strung in such a way as to meet requirements of the
Wisconsin
provisions of the
state electrical code
promulgated by the public service commission
. Any person stringing wires in violation of the code shall be subject to a forfeiture of not more than $100 nor less than $25. Each 10-day period, after the first day, that such violation occurs shall be a separate violation and shall subject the violator to an additional forfeiture of not less than $25 nor more than $100 for each such violation.
Section
42
.
289.33 (3) (d) of the statutes is amended to read:
289.33
(3)
(d) "Local approval" includes any requirement for a permit, license, authorization, approval, variance or exception or any restriction, condition of approval or other restriction, regulation, requirement or prohibition imposed by a charter ordinance, general ordinance, zoning ordinance, resolution or regulation by a town, city, village, county or special purpose district, including without limitation because of enumeration any ordinance, resolution or regulation adopted under s. 59.03 (2), 59.11 (5), 59.42 (1), 59.48, 59.51 (1) and (2), 59.52 (2), (5), (6), (7), (8), (9), (11), (12), (13), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25), (26) and (27), 59.53 (1), (2), (3), (4), (5), (7), (8), (9), (11), (12), (13), (14), (15), (19), (20) and (23), 59.535 (2), (3) and (4), 59.54 (1), (2), (3), (4), (4m), (5), (6), (7), (8), (10), (11), (12), (16), (17), (18), (19), (20), (21), (22), (23), (24), (25) and (26), 59.55 (3), (4), (5) and (6), 59.56 (1), (2), (4), (5), (6), (7), (9), (10), (11), (12), (12m), (13) and (16), 59.57 (1), 59.58 (1) and (5), 59.62, 59.69, 59.692, 59.693, 59.696, 59.697, 59.698, 59.70 (1), (2), (3), (5), (7), (8), (9), (10), (11), (21), (22) and (23), 59.79 (1), (2), (3),
(4),
(5), (6), (7), (8), (10) and (11), 59.792 (2) and (3), 59.80, 59.82, 60.10, 60.22, 60.23, 60.54, 60.77, 61.34, 61.35, 61.351, 61.354, 62.11, 62.23, 62.231, 62.234, 66.0101, 66.0415, 87.30, 91.73, 196.58, 200.11 (8), 236.45, 281.43 or 349.16 or subch. VIII of ch. 60.
Section
43
.
Nonstatutory provisions.
(1) No later than the first day of the 12th month beginning after the effective date of this subsection, the department of commerce shall submit in proposed form the rules required under section 101.82 (1), (1m), (1r), (1v), (2), and (2m) of the statutes, as affected by this act, to the legislative council staff under section 227.15 (1) of the statutes.
Section
44
.
Effective dates.
This act takes effect on the day after publication, except as follows:
(1) The treatment of sections 59.79 (4) and 101.862 of the statutes takes effect on the first day of the 61st month beginning after publication.
