S&B Division Electrical Code Advisory Council Meeting Summaries

Tuesday, September 8 , 2009, 9 a.m. to 12 p.m., Thompson Commerce Center, Conference Room 3B, 201 West Washington Ave., Madison, Wisconsin 

ATTENDANCE

MEMBERS: Kevin Benner - Present; Shannon Clark - Excused; Mark Cook - Present; Brad Gruenewald - Present; David Hansen- Present; David Helgeson - Present; Ron Janikowski, chair - Present; Charles L. Johansen - Present; Jeff Knudtson - Present; Richard Lynes - Present; Tim O’Rorke - Present; David Boetcher (alternate for Leo Sokolik) - Present; and David Washebek - Present 

DEPARTMENT OF COMMERCE STAFF: Bob DuPont, Monte Ewing, Joe Hertel, Dan Meneguin, Jim Quast, and Norma Sampson 

GUESTS: Bryan Brooks, Custom Electronic Design & Installation Association (CEDIA); Fred Brown, HI Electron; Bob Fahey, City of Janesville; Beata Kalies, Electric Co-ops; and Bill Neitzel, City of Madison

Welcome, introductions and review of agenda

Joe Hertel opened the meeting and asked Council members, guests and Department staff to introduce themselves. He reviewed the agenda and the Council accepted it as written.

Review progress notes from previous meeting

The Council reviewed and accepted the progress report from its January 15, 2009, meeting.

Division Updates

Bob DuPont, Bureau Director, updated the members on legislative and division activity:

• Budget Constraints – Because of budget issues, the Department recently send layoff “at-risk” notices to nine employees. None of the affected staff are in the electrical program.

Currently, the division is monitoring all expenditures and looking at services that it provides but for which it does not receive revenue. For example, the division proposed charging a fee to review continuing education courses. The proposal drew objections by education providers at a July 28, 2009, public hearing.

• Building Contractors Registration (BCR) – Persons holding an electrical contractor or electrical contractor-restricted certification do not need to register as building contractors. After the BCR emergency and permanent rules became effective, the 2009-2010 Budget Bill passed legislation that delegates broader authority including a penalty for not registering. Before developing code, the Department is researching forfeiture systems such as the one used in plumbing. It was pointed out that administrative fines do not go to the Department; they go to the state school fund.

The Council suggested the Department work with municipalities to recommend they hire contractors who are registered with the state. Several Council members, who represent cities, said they were asking for credential numbers on bid applications.

Review proposed inspection code package and public hearing comments

Joe asked the Council to review the proposed rules in final draft form for chapters Comm 5 and 16 relating to Electrical Inspections, Clearinghouse Rule 09-029. The draft was emailed to Council members September 1, 2009. Council Chair Ron Janikowski pointed to the following sections that had been changed in the proposed rules draft:

• Comm 5.62 (6) (d) – A time frame of “…2 business days…”was added.

• Comm 16.003 (6) (b) – Paragraph (b), which relates to change of use, shifts the responsibility to the owner without taking away authority from the inspector. The Council suggested substituting “ensure” for “determine whether.”

• Comm 16.011 and 16.012  – The scope of the rules was broadened to include campgrounds, manufactured home communities, public marinas, piers, docks or wharfs and recreational vehicle parks.

• Effective date for Comm 16.012 and 16.013 (1) – The effective date was changed from April 1, 2010, to April 1, 2011, to give the Department more time to develop and implement the inspection system.

Jim Quast directed the Council’s attention to the summary document of the public hearing comments and the agency responses that was emailed to the members September 1, 2009.

Jim also reviewed the rule making process. The next step is to submit the rule packages for the Department of Commerce Secretary’s signature and then to the Legislature where they have 30 days to review them. The last step is to file the adoption papers. Most likely the rules will be printed in the Wisconsin Administrative Register in November or December, 2009, and become effective in January or February, 2010.

Review proposed licensing code package and public hearing comments

The Council reviewed the proposed rules in final draft form for chapter Comm 5 relating to Licensing of Electrical Contractors and Electricians, Clearinghouse Rule 09-028. The draft and corresponding public hearing comments and agency response were emailed to members on September 1, 2009. The discussion, which was led by Chair Ron and Jim, focused on the following areas:

• Comm 5.41 ( 4) (c) and (d) – These two paragraphs require that licensed electrical contractors contract with someone who holds a credential and that they will include their license numbers on all construction bids and contracts.

• Comm 5.42 (1) (d) and (h), Comm 5.42 (3), Comm 5.42 (4) (b) and Comm 5.443 – These sections create new categories for an industrial journeyman electrician and a registered beginning electrician-industrial apprentice. Comm 5.42 (3) and (4) (b) limits industrial electricians to performing electrical wiring within the facility or plant where they are employed.

Instead of creating an industrial master electrician license, the qualifications for the master electrician license in Comm 5.43 (2) (a) were changed to allow electrical engineers with no field experience to take the master electrician license examination. Discussion centered around requiring experience in addition to graduation from a college with an engineering degree. Staff noted the Council’s concern and will review the text, rework as needed and send the final version to Council members via email.

• Comm 5.43 (6) (a) and Comm 5.435 (6) (a) and (b) – These sections were created to deal with “exchanges” or reciprocation. They allow a master electrician to exchange his or her license for a journeyman electrician license. However, it is the licensee’s responsibility to prove that he or she had a master when he or she wants to exchange the journeyman license for the master license.

Other topics

The Council discussed several other topics including:

• Limiting employment – Currently, master electricians can work for multiple employers. Council members expressed concern that some master electricians are “selling their licenses.” It was pointed out that in the future the regulatory system may include administrative forfeiture authority.

• Ratio requirement –Joe has researched the multi-state group and the majority of the states have ratio requirements that allow 3 beginners (non-registered in Minnesota) to 1 journeyman as a job-site ratio. Discussion ensued during which it was pointed out that the Department of Workforce Development (DWD) has a 1-to-1 plus 1 ratio (one beginning electrician-apprentice for each journeyman electrician plus one at the job site) for its apprenticeship program.

Discussion focused on having a ratio for beginning electricians that also recognized the state apprenticeship program. The consensus of the Council was to recommend implementing a parallel training path for registered beginning electricians. ON MOTION (Boetcher/Benner) the Council recommends a ratio requirement of 2 beginners to 1 journeyman plus 2 beginners on the job site. Staff will research DWD’s apprenticeship requirements and look at developing a ratio system for beginning electricians.

Adjourn

ON MOTION (Helgeson/Johansen) the meeting adjourned.

If there are any questions, please contact Joe Hertel at (608) 266-5649 or email joe.hertel@wisconsin.gov or Norma Sampson at (608) 267-7907 or email at norma.sampson@wisconsin.gov.

Thursday, January 15, 2009, 9:30 a.m., Commerce Building, Room 3B, 201 West Washington Ave.,
Madison, Wisconsin 

ATTENDANCE

MEMBERS: Kevin Benner - Present; Shannon Clark - Excused; Mark Cook - Excused; Brad Gruenewald - Present; David Hansen- Present; David Helgeson - Present; Ron Janikowski - Present; Charles L. Johansen - Present; Jeff Knudtson - Present; Richard Lynes - Present; Tim O’Rorke - Present- Leo Sokolik - Present; David Washebek - Present 

GUESTS: Fred Brown, HI Electron; Robert Bolle, Electrical Inspector; David Boetche, International Brotherhood of Elecrical Workers; Ron House, Communications Workers of America; James Courchane, Communications Workers of America; George Walls, Communications Workers of America; Jason Kallmet, WE Energies; Beata Kalies, Electric Co-ops; Bill Neitzel, City of Madison

DEPARTMENT OF COMMERCE STAFF: Adam Burkhalter, Lori Ann Curley, Bob DuPont, Monte Ewing, Joe Hertel, Greg Jones, Jim Quast, Todd Taylor 

Welcome, Introductions  and Review Agenda
Joe Hertel opened the meeting with a round of introductions, and he reviewed the meeting agenda. No revisions were made. 

Comm 16 Status
Joe informed the Council that the Comm 16 changes are currently at the Legislative Reference Bureau where they are being prepared for publication. The updated code is expected to go into effect March 1, 2009.

Division Updates
Bob DuPont updated the members on legislative and division activity:
- Due to budget constraints, the State of Wisconsin has implemented a hiring freeze and has limited travel for both in and out of state trips.
- Registration of building contractors is being proposed. A public hearing on the proposed code is scheduled for 10 a.m., Wednesday, January 21, 2009, in Room 3B at the Department of Commerce, 201 W. Washington Ave., Madison, WI.

Wisconsin Building Safety Network
Bob gave a PowerPoint presentation on the Wisconsin Building Safety Network. This network of municipal and state inspection services will be used for implementing statewide electrical inspections in Spring 2010. 

Licensing Presentation
Joe Hertel gave a PowerPoint presentation on 2007 Wisconsin Act 63 which affects Wisconsin Statute Chapter 101 relating to regulation of electricians and electrical inspections. 

Discuss Licensing Code Draft
Ron Janikowski led a discussion of the draft of the proposed licensing code. Topics discussed included:
- Four new categories of electricians will be added to the credentials list: Residential Master Electrician, Residential Journeyman Electrician, Beginning Electrician-Apprentice, and Beginning Electrician Residential-Apprentice.
- Eventually the Electrical Contractor-Restricted will be deleted. Anyone currently holding this credential will be issued a license as an Electrical Contractor after April 1, 2013.
- Exemptions in Wisconsin Statute s. 101.862(4) raised questions as to their logic or purpose under various scenarios. Future rules may be needed to clarify the exemptions. 

Discuss Inspection Code Draft
Ron led a discussion of the draft of the proposed inspection code. Topics discussed included:
- What does and does not apply to municipalities relative to street lighting?
- What does a “Final Inspection” mean? The scope of the permit?
- Is there a need for an agriculture specialty inspection? 

No date was set for the next council meeting. A meeting likely will be scheduled after the public hearings on the licensing and inspection code drafts. Public hearings are expected in March or April. Joe Hertel asked council members to e-mail him (joe.hertel@wisconsin.gov) any comments on the two code drafts by January 31, 2009. 

COUNCIL MEMBER ATTENDANCE:
Kevin Benner (Present), Shannon Clark (Present), Mark Cook (Present), Brad Gruenewald (Present), David Hansen (Present), David Helgeson (Present), Ron Janikowski - Chair (Present), Charles L. Johansen (Present), Jeff Knudtson (Present), Richard Lynes (Present), Tim O’Rorke (Present), Leo Sokolik (Present), David Washebek (Present)

VISITORS:
Richard Pokorny, City of Marshfield, WI; Jeff Fecteau, NEMA; Patrick Clancy; Ed Larson, Square D; Bill Neitzel, City of Madison; Steve Montgomery, OFI, Inc.; Fred Brown, HI Electron; Steve Froemming, WC IAEI; Eric Reiter, Cooper Bussman; Engelbert Hetzmannseder, Eaton Corp.; Paul Schulz, 2D2C, Inc.; Greg Baker, 2D2C, Inc.

DEPARTMENT OF COMMERCE STAFF:
Joe Hertel, Program Development Bureau; Amanda Berry, Program Development Bureau; Ray Weber, Integrated Services Bureau; Dan Meneguin, Integrated Services Bureau; Monte Ewing, Integrated Services Bureau

Welcome and Introductions
Ron Janikowski opened the meeting with a round of introductions and he reviewed the meeting agenda.  No revisions were made.

Review Progress Report
Ron Janikowski reviewed the Progress Report from the January 3, 2008 meeting.  It was accepted as written unanimously by the Council.

Division Updates
Joe Hertel updated the members on legislative and Division activity:
•    Assembly Bill 294, which addresses electrical licensing, will likely be introduced to the legislature in February or March.
•    The Department of Commerce is in the process of revising Comm 2, relating to fees, but this should not affect the electrical program.

Review potential changes to Comm 16:
Joe Hertel reviewed the proposed changes to Comm 16 in relation to NEC 2008, and the following rules and topics were discussed:
•    Comm 16.26, relating to grounding electrode system installation, will be deleted.
•    Comm 16.38 will be deleted.
•    NEC 700.27, NEC 701.18, and 708.54, all relating to coordination of overcurrent protection, will be modified in Comm 16 by adding the requirement for faults with duration of 0.1 seconds or longer. 
•    NEC 517.26, relating to essential electrical systems, will be amended in Comm 16 to require essential electrical systems at healthcare facilities get stamped and approved by a professional engineer.
•    NEC 406.11 does not apply in Wisconsin.
•    NEC 406.8 (A) and (B), the last sentence, does not apply in Wisconsin.
•    NEC 110.10 does not apply to meter sockets and meter pedestals.

Set next meeting and adjourn:
The next meeting of the Electrical Code Council is scheduled for:
Thursday, March 13, 2008 starting at 9:30 am
Madison, Wisconsin

Thursday, January 3, 2008, 9:30 a.m. to 2:30 p.m., Tommy G. Thompson Commerce Center, Third Floor Conference Room #3B, 201 West Washington Ave., Madison, Wisconsin

COUNCIL MEMBER ATTENDANCE:
Kevin Benner (Present), Shannon Clark (Excused), Mark Cook (Present), Brad Gruenewald (Present), David Hansen (Excused), David Helgeson (Present), Ron Janikowski (Present), Charles L. Johansen (Present), Jeff Knudtson (Absent), Richard Lynes (Present), Tim O’Rorke (Present), Leo Sokolik (Present), David Washebek (Present)

VISITORS:
Richard Pokorny, City of Marshfield, WI; Pradip Tolat, State of Wisconsin, DOA/DSF; John Stehly, State of Wisconsin, DOA/DSF; Alan Manche, Square D; Jeff Fecteau, NEMA; Patrick Clancy; Steve Froemming, WCIAEI

DEPARTMENT OF COMMERCE STAFF:
Joe Hertel, Program Development Bureau; Amanda Berry, Program Development Bureau; Ray Weber, Integrated Services Bureau; Greg Jones, Safety and Buildings Division Administrator

Welcome and Introductions:
Joe Hertel opened the meeting with a round of introductions and he reviewed the meeting agenda.  Greg Jones welcomed the Council and stressed the importance of this council is to provide expertise for the advancement and safety of electrical systems in Wisconsin.

Review Council Manual/Election of Chairperson:
•Amanda Berry reviewed the Code Council Manual and guidelines of council meetings. 
•Amanda Berry opened the floor for council Chairperson and nominations. 
•Ron Janikowski was elected as Chairperson by unanimous vote.

Division Updates:
Joe Hertel updated the members on legislative and Division activity:
•    Expect the Division to update Comm 2, relating to fee schedules.  There will be an increase in fees to cover the cost of inspections and programs. 
•    Next year, 2008, is an election year.  It is important to submit the proposed changes to Comm 16 within a timeframe for the rules to be adopted before September 1, 2008.
•    There is currently a proposed bill, Assembly Bill 294, at the legislature that would mandate the licensing of electricians.  If it passes, the Electrical Code Advisory Council would need to take up this issue because the Department would have one year to come up with rules regarding the mandate.

Discuss scope of the rule update project:
Joe Hertel explained the scope of this rule project is to review and revise Comm 16 based on the updates to the NEC 2008.  First the Council will review the technical changes.  Then it will consider revisions to licensing and inspections.

Review potential changes to Comm 16:
Joe Hertel reviewed the department’s proposed changes to Comm 16 in relation to NEC 2008, and the following rules and topics were discussed:
•    Comm 16.17, relating to definitions, (c) will be changed to (d), and (c) will now be “Nonrated Construction: Types III, IV, and V construction is considered to be nonrated for the purpose of this code.”  This modification coincided with the current IBC.
•    In Comm 16.17 (2), relating to definitions and substitutions, the note which declares electrical generating equipment is not a structure will be deleted.
•    Comm 16.17 (3), relating to omissions in definitions, will be deleted because “structure” is already defined in the building code and the same definition is used in the NEC-2008.
•    In Comm 16.20 (2), relating to ground-fault circuit-interrupter protection, the following will be inserted to clarify this is a requirement for commercial buildings: “In addition to the requirements of the NEC 210.8, all 125-volt single phase 15- and 20-ampere receptacles installed in repair and storages areas in commercial garages where electrical diagnostic equipment, electrical hand tools, or portable lighting equipment is to be used shall have ground-fault circuit-interrupter protection for personnel.”  Also, (a), (b), (c), (d), and (e) will be deleted.
•    In Comm 16.21, relating to arc-fault circuit-interrupter protection, “NEC 210.12 does not apply in Wisconsin” will be deleted, and will be changed to “Where RMC, IMC, EMT or steel armored cable, Type AC or MC, meeting the requirements of 250.118 using metal outlet and junction boxes is installed for the portion of the branch circuit between the branch-circuit overcurrent device and the first outlet, it shall be permitted to install a combination AFCI at the first outlet to provide protection for the remaining portion of the branch circuit.”
•    In Comm 16.24, relating to outside branch circuits and feeders, Comm 16.24 (1) title will be changed to “Clearance for Overhead Conductors and Cables.”  Also, (3) will be renumbered to (3) (b), and (3) (a) will read: “This is a Department rule in addition to NEC 225.30 Number of Supplies.  Introduction.  For the purpose of this section, multiple feeders that are supplied from the same distribution point, rated 300 amperes or greater and supply not more than 6 disconnecting means grouped at the same location, are considered one supply.”
•    Comm 16.25 (6), Comm 16.26 (2), Comm 16.27, Comm 16.294, Comm 16.30 (2), Comm 16.42, and Comm 16.435 will be deleted.
•    Comm 16.265 will be added to read: “Resistance of Rod, Pipe, and Plate Electrodes.  A single electrode consisting of a rod, pipe, or plate shall be augmented by one additional electrode of any of the types specified in NEC 250.52 (A) (4) through (A) (8).”
•    Comm 16.327 will be renumbered (1), and “(2) NEC 334.12 (A)(2) does not apply in Wisconsin.” will be added.
•    In Comm 16.392, delete “Classifications of locations NEC 511.3” and insert “Area Classifications, General 511.3 (C) (1) (a) and 511 (C) (2) (a) do not apply in Wisconsin.”
•    In Comm 16.45 (1) (b) (1), relating to emergency systems, “AC cable” will be added as an option of where to list emergency circuit wiring.
•    In Comm 16.45 (1) (b) (2), delete (2) (a) and (b).  Add “(2) Emergency lighting fixtures may use flexible cord connections in compliance with NEC 410.62 (C) for electric discharge luminaries
•    In Comm 16.45 (2) and Comm 16.48 (1), delete “one-half” from both.  Also, both will be changed according to submitted Code Change Proposals.

Set next meeting and adjourn:
The next meeting of the Electrical Code Advisory Council is scheduled for:
Tuesday, February 12, 2008, 9:30 am to 2:30 pm
UW – Madison Agricultural Research Station
8502 Mineral Point Road
Madison, Wisconsin

At this meeting we will discuss Comm 16.38, NEC 700.12 (D), and the location of natural gas generators in the building code and their use in the electrical code.  Also at this meeting, we will look into any other issues with technical code requirements, and begin discussing licensing requirements. 

Links -- County Web sites || City/Town/Village Web sites || State Portal || Licensing and Permitting || Build Your Business

Email this page's manager, Norma Sampson, norma.sampson@wisconsin.gov or 608-267-7907.

  The Department of Commerce Safety and Buildings Division is an equal opportunity service provider and employer. If you need assistance to 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, or norma.sampson@wisconsin.gov.