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 OF SAFETY
AND PROFESSIONAL SERVICES,
ADOPTING
RULES
CLEARINGHOUSE RULE 14-049
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ORDER
An order of the Department of Safety and Professional Services
t
o
amend
SPS 305.40 (2) (b); (3) (b); (4) (a) 1., (b), (c), and (d) 1.; and (5); and to create
SPS Table 305.02 Row 24r,
Table 305.06 Row 19r,
3
05
.
40 (1
)
(bm), and
3
05
.
437 relating to registration of
electricians
who are exempt from passing an examination and from acquiring continuing-education credits.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
Section
101.862 (5) (b)
requires the Department to promulgate rules
establishing criteria and procedures for issuing licenses
to electricians who were born on or before January 1, 1956, and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring.
Section
227.11 (2) (a)
authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute.
Related statute or rule:
Chapter
SPS 316
contains Wisconsin’s statewide requirements for installing
electric
al
and communication conductors and
equipment for public or private buildings and places of employment.
Plain language analysis:
These rule revisions establish a registration process for electricians who were born on or before January 1, 1956; and who have at least 15 years of experience in installing, repairing, or maintaining electrical wiring.
This registration process includes submitting proof of meeting the age and experience requirements – and includes exemption from
the following licensing requirements that the Department applies to other electricians: initial examination, continuing education, credential renewal, being supervised, and having someone else be responsible for some of the electrical work.
This registration
process also includes allowing these registered electricians to do any electrical work that is otherwise limited to master electricians, such as supervising other electricians or being responsible for the work of other electricians.
Summary of, and comparison with, existing or proposed federal regulation:
An Internet search of
U.S. federal regulations and
the
U.S.
F
ederal
R
egister
yielded no results regarding
licensure
of electricians.
Comparison with rules in adjacent states:
An Internet search of state-level rules for electrical licensure in the adjacent states
yielded
the following
results
:
Illinois:
Illinois
does
not
license
or
certify
electricians
or
electrical
contractors
at
the
state
level.
Electrical
licensing
and
certification
is
at
the
discretion
of
the
local
municipality.
Iowa:
As
of
January
1,
2008,
Iowa
requires
electrical contractors and electricians to be state-licensed. License types for electricians include Class A and Class B master, Class A and Class B journeyman, apprentice, unclassified, and special. Examination is required for Class A licenses. No exemption w
as found relating to age and experience.
Michigan:
Michigan
law
requires
licensing
of
electrical
contractors
and
electricians.
Examinations and state residency are required.
Michigan
also
provides
a
number
of
licensing
exemptions
similar
to
those
addressed
under
section
101.862
(4)
of the
Statutes, but no exemption was found relating to age and experience.
Minnesota:
Minnesota
law
dictates
that
electrical
work
be
performed
by
state-licensed
electrical
contractors
and
electricians
or
under
the
direct
supervision
of
licensed
electricians. Examinations and prerequisite experience are required, but no exemption was found relating to age and experience.
Summary of factual data and analytical methodologies:
The proposed rules were developed by rev
iewing the
corresponding
provisions
of
2013 Wisconsin Act 14
3
in conjunction with the current electrical
credential
rules
in
ch
apter
SPS 30
5.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
The proposed rules imple
ment the mandates imposed by
2013
Wi
sconsin Act 14
3
. The
D
epartment does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on small business
:
These rule revisions
are
not
expected to
have an economic impact on small businesses as defined in section
227.114 (1)
of the Statutes. The Department’s Regulatory Review Coordinator may be contacted by e-mail at
Tom.Engels@wisconsin.gov
, or by calling (608) 266-8608.
Agency contact person
:
Dan Smith
,
Administrative
Rules Coordinator, at the
Department of Safety and Professional Services, Division of Policy Development,
1400 East Washington Avenue, Room 151,
P.O. Box
8366, Madison, WI, 53708-8366
;
or at
telephone (608) 26
1-4463
;
or by
e-mail
at
Daniel2.Smith@wisconsin.gov
;
or by telecommunications relay services at 711.
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TEXT OF RULE
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SECTION 1.
SPS Table 305.02 Row 24r is created to read:
Table 305.02
FEES
(Partial Table, title and column headings are provided for reference only.)
|
|
|
License, Certification or Registration Category
|
Type
|
Application Fee
|
Examination Fee
|
License, Certification or Registration Fee
|
24r
.
|
R
egistered Master Electrician
|
Registration
|
$35
|
NA
|
$150
|
SECTION 2.
SPS Table 305.06 Row 19r is created to read:
Table 305.06
TERMS
(Partial Table, title and column headings are provided for reference only.)
|
|
|
License, Certification or Registration Category
|
Term
|
Expiration Date
|
Continuing Education Cycle
|
19r
.
|
R
egistered Master Electrician
|
Permanent
|
NA
|
NA
|
SECTION 3.
SPS
3
05
.
40 (1
)
(bm) is created to read:
SPS 305.40 (1)
(bm) A registered master electrician
.
SECTION 4.
SPS 305.40 (2) (b); (3) (b); (4) (a) 1., (b), (c), and (d) 1.; and (5) are amended to read:
SPS 305.40 (2)
(b)
A person who holds a license or registration as a licensed
residential master electrician, a licensed residential journeyman
electrician, or a registered residential electrical apprentice may
perform electrical wiring not associated with dwellings and
dwelling units, provided the person is under the direct supervision
of a licensed master electrician
,
or
a
registered master electrician
,
or
a licensed journeyman electrician.
(3)
(b)
A person who holds a license or registration as a licensed
industrial journeyman electrician or a registered industrial electrical
apprentice may perform electrical wiring not associated with
the facilities or properties of the business establishment where the
person is employed, provided the person is under the direct supervision
of a licensed master electrician
,
or
a
registered master electrician
,
or
a licensed journeyman
electrician.
(4)
(a) 1.
A person who holds a license as a licensed journeyman
electrician or a registration as a registered electrical apprentice
shall perform electrical wiring activities under the general
supervision of a person who holds a license as a licensed master
electrician
or a registration as
a
registered master electrician
, except as provided in subd. 2.
(b)
A person who holds a license as a licensed industrial journeyman
electrician or a registration as a registered industrial electrical
apprentice shall perform electrical wiring within the facilities
or properties of the business establishment where the person
is employed under the general supervision of a person who holds
a license as a licensed master electrician
or a registration as
a
registered master electrician
.
(c)
A person who holds a license as a licensed residential journeyman
electrician or a registration as a registered residential
electrical apprentice shall perform electrical wiring activities
associated with dwellings and dwelling units under the general
supervision of a person who holds a license
either
as a licensed
master electrician
or
a licensed residential master electrician
,
or holds a registration as a
registered master electrician
.
(d) 1.
Except as provided in subd. 2., a person who holds a registration
as a registered beginning electrician shall perform electrical
wiring activities under the direct supervision of a person
who holds a license either as a licensed master electrician
or
a licensed journeyman
electrician
, or holds a registration as a registered master
electrician
.
(5)
At any time, for any electrical wiring project
,
the total number
of registered beginning electricians at an installation site may
not exceed twice the total number of licensed
or registered
master electricians
and journeyman electricians at the installation site plus two.
SECTION 5.
SPS
3
05
.
437 is created to read:
SPS 305.437
Registered master electricians.
(1)
APPLICATION FOR REGISTRATION. A person applying for registration as a registered
master
electrician shall submit all of the following:
(a) An application in accordance with s.
SPS 305.01
.
(b) An application fee and a registration fee in accordance with s.
SPS 305.02
, Table 305.02.
(c) Documented verification of meeting the requirements in sub. (2).
(2)
QUALIFICATIONS. A person applying for
registration as
a
registered master
electrician
shall
have a birth date of on or before January 1, 1956; and shall have
at least
15 years of experience in installing, repairing or maintaining electrical wiring.
(3)
RESPONSIBILITIES.
(a) For any electrical installation that
is required to have
a uniform building permit under s.
SPS 320.08
, a person who holds a master electrician
registration
may not commence installation of electrical wiring until a permit is issued for the installation.
Note:
The
Wisconsin
Uniform Dwelling Code (UDC),
which consists of c
hapters SPS 320 to 325, applies to one- and two-family dwellings and manufactured dwellings. The Department’s uniform building permit is issued either by the municipality in which the dwelling is located
,
or by a UDC inspection agency where the municipality does not administer the Uniform Dwelling Code.
(b) A person who as a
registered
master electrician is responsible for the installation, repair or maintenance of electrical wiring shall utilize the appropriately licensed or registered individuals to construct, install, repair or maintain electrical wiring.
SECTION 6.
EFFECTIVE DATE.
The rules adopted in this order shall take effect on the first day of the month following publication in the Wisconsin administrative register, pursuant to s.
227.22 (2) (intro.)
, Stats.
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(END OF TEXT OF RULE)
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