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Changes in electrical licensing and inspection
- Explanation of 2007 Wisconsin
legislation
| Safety
and Buildings Division staff have started development
of new administrative
code language to regulate the electrical licensing and inspection
system
requirements of the new law, 2007 Wisconsin Act 63, PDF file.
A draft of
possible code language is expected to be available in October.
Anyone wishing to follow, and be
part of, the creation of administrative rules may subscribe to the S&B
electrical email group. |
Information
here was taken
from "Legislative Brief
08-2," March 2008, prepared by Dan Ritsche,
Senior Legislative Analyst, Legislative Reference Bureau
2007
Wisconsin Act 63, passed by the legislature, signed by
Governor Jim
Doyle on March 5, 2008, requires the Department of Safety and
Professional Services to
establish a state electrical wiring code, generally requires
electricians to be licensed and registered, and provides for electrical
construction inspections of all buildings, including private homes. Act
63 was introduced as 2007 Senate Bill 167 on April 26, 2007, by
Senators Decker, Coggs, Wirch, and 14 others, and cosponsored by
Representatives A. Ott, Tauchen, Hahn, and 32 others. It passed the
senate unanimously on February 19, 2008, and passed the assembly on
February 26 by a vote of 83 to 14. The act generally takes effect on
March 19, 2008, but the requirements relating to the licensing and
registration of electricians take effect on April 1, 2013. The act also
repeals the law authorizing Milwaukee County to license and regulate
heating and air conditioning contractors, effective in 2013.
The Dangers of Faulty Wiring
Wiring
faults account for about one-third all electrical fires, often due to
arcing and sparking caused by overloaded circuits, poor connections,
broken conductors, and worn or damaged insulation. The Federal Consumer
Product Safety Commission (CPSC) estimates hazardous home wiring is
associated with more than 40,000 home fires each year, which claim over
350 lives and injure 1,400 persons. In addition, the CPSC estimates
that 20 to 30 electrocution deaths result annually from wiring
accidents. The General Electric Corporation, a leading manufacturer of
components used in electrical construction, estimates that these fires
account for $500 million in property damage each year. Proper
maintenance of aging wiring systems is important, as parts can wear
out and increase the risk of problems. But the recommended approach for
effectively preventing most accidental electrical fire
and electrocutions is to have all electrical wiring installed
by trained
and certified electrical contractors, and for their
installation to be
carefully checked by official building inspectors.
2007
WISCONSIN ACT 63 Act 63 (PDF file)
aims to improve the
electrical safety of the state’s buildings through
establishing a
statewide electrical code, licensing and regulating electricians and
electrical contractors, and enhancing inspections of newly constructed
or renovated buildings. The law will be administered by the Department
of Commerce (Editor's Note - as of 2011, the Department of Safety and
Professional Services), whose Safety and Buildings Division may be
contacted at 608-266-3151.
Statewide
Electrical Wiring Code.
Act 63 directs
Commerce (DSPS) to promulgate a state
code that establishes standards for installing, repairing, and
maintaining electrical wiring. The code will apply to all types of
buildings, including private residences. Prior to Act 63, Commerce
(DSPS) had
been required to establish rules for electric construction only in
public buildings and places of employment, and in places where farming
was conducted. Drafts of administrative rules establishing a state
wiring code are to be submitted to the Legislative Council staff by
March 1, 2009. Municipalities were previously authorized to adopt local
electrical codes applying only to certain types of construction. Act 63
provides that they may continue to have local codes that are at least
as strict as the state code, but they must apply to all types of
buildings. Act 63 exempts from the state electrical code all equipment
and wiring used by public utilities, electrical cooperatives, or
operators of wholesale merchant plants for the generation of
electricity to their customers or members. |
Regulation
of Electricians and Contractors.
Previously,
Wisconsin law did not specifically require that a person be licensed or
certified by either the state or a local government to work as
an electrician or electrical contractor. Commerce (DSPS) administered a
voluntary certification program for master electricians,
electrical contractors, and journeymen and beginning electricians. In
contrast, 34 other states and the District of Columbia require some
form of mandatory licensing, registration, or certification
for electricians, according to the National Electrical
Contractors Association.
The voluntary state
program included a uniform examination for master electricians. The
program required that only master electricians and persons who
employ at least one master electrician could be certified as
electrical contractors. The program also established
requirements for the certification of journeymen and beginning
electricians.
Municipalities could, by
ordinance, provide for licensing of an electrical contractor if the
contractor had at least one master electrician as an employee.
Act
63 mandates that no person may work as an electrician or electrical
contractor unless the person is licensed by or registered with
Commerce (DSPS). Commerce (DSPS) will promulgate rules for the
licensing of
electrical contractors and the examination and licensing of master and
journeymen electricians. Beginning electricians must register,
but will not need to pass an examination in order to work and learn the
trade under more experienced practitioners. The law requires that no
person may do electrical work unless a master electrician is
at all times responsible for the quality of the job. Municipalities
will no longer be allowed to license electrical contractors, or
register or license electricians.
The Safety and
Buildings Division will create rules to:
-
Differentiate the scope of installation, repair, or maintenance that
may be performed by electrical contractors and the different levels of
electricians;
- Establish standards for the
supervision of beginning electricians; and
-
Establish criteria and procedures for the certification of
electrical contractors.
(You can follow the rule-creation
process by subscribing to the S&B
electrical email group here.)
Licensure
as a nonresidential journeyman electrician will require either
completion of an apprenticeship program of at least four
years’ duration that is approved by the U.S.
Department of Labor and the Wisconsin Department of Workforce
Development, or have at least 60 months’ experience in
electrical work and pass an examination administered by Commerce
(DSPS). A
residential journeyman must have completed an approved apprenticeship
program lasting at least three years or have at least 36 months of work
experience and pass a state examination.
Persons
exempted from the licensing and registration requirements include those
who perform certain types of electrical work
(“do-ityourself”) on their own homes or
property; persons who work on energy utility facilities; those who
perform electrical work on elevators, escalators, and alarm
systems; and those who perform equipment installation that is not
primarily electrical in nature.
Any person who
violates the electrical codes or licensing rules is subject to a
forfeiture to the state of not less than $25 nor more than $500 for
each violation. Each day of violation constitutes a separate offense.
Inspection of Electrical Construction.
Act 63 provides that all building construction, including
public buildings, commercial properties, and residences, be
inspected for compliance with state electric wiring standards
by inspectors certified by Commerce. It will promulgate rules
establishing the criteria to be used in all electrical inspections.
Municipalities may continue to opt to be responsible for
inspections in their jurisdictions, but Commerc (DSPS)e must
likewise
continue to provide for implementing a process to ensure the
performance of electrical inspections in
municipalities that do not conduct inspections. The fiscal
estimate prepared by Commerec (DSPS) to accompany SB-167 stated that
the
department anticipates contracting with private electrical inspectors
to provide for such inspections. |
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Department of Safety and Professional Services Safety and Buildings
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access services or need material in an alternate format, please contact
us, 608-266-3151, TDD Relay dial 711 in Wisconsin or 800-947-3529.
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