Safety and Professional Services
Safety, Buildings, and Environment, General Part I,
Chs.
SPS 301-
319
This statement of scope was approved by the governor on June 29, 2012.
Rule No.
Relating to
Electrical.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
The proposed rules would remove the mandatory requirements in the electrical code for the installation and use of arc-fault circuit-interrupter protection, ground-fault circuit-interrupter protection and tamper-resistant receptacles in dwelling units; thereby allowing a choice in the use of these devices.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Current rules mandate the use of these devices for new construction and some remodeling in both specific and general areas of dwelling units. The proposed rules would remove the requirement for the installation of the devices in dwelling units. Alternatives are to keep the current rules and any problems associated with their installation and use. Currently, devices may be removed in violation of the rules.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The statutory authority for chapter SPS 316 is contained in statutory sections 101.63 (1) for one- and two-family dwellings, 101.73 (1) for modular or manufactured dwellings, 101.82 (1) for general application of the electrical rules, and 101.973 for multifamily dwellings. Section
101.82 (1) specifically charges the department with promulgating by rule a state electrical wiring code that establishes standards for installing, repairing, and maintaining electrical wiring. Where feasible, the rules are to reflect nationally recognized standards.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rules is expected to be about 600 hours, depending on the complexity. This includes research, rule drafting, and processing the rules through public hearings, legislative review, and adoption. There are no other resources necessary to develop the rules.
List with Description of All Entities that may be Affected by the Proposed Rule
These rules may affect any dwelling unit, new or existing, where the installation or repair of electrical wiring will be undertaken. The rules may also affect any designer, installer or inspector of electrical wiring for dwellings, along with owners, occupants and guests in these dwelling units.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are several existing federal regulations that relate to the installation of electrical wiring and equipment. Some of these regulations require compliance with various editions of the National Fire Protection Association's National Electrical Code ® (NEC) and are primarily directed at workplace safety. The following regulation directly affects the electrical installations in manufactured dwellings (mobile homes):
• Title 24 CFR, Part 3280 – Manufactured Home Construction and Safety Standards. Subpart I – Electrical Systems. This regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 2005 NEC. In the scope of the regulations it is indicated in (b) that “The use of arc-fault breakers under Articles 210.12(A) and (B), 440.65, and 550.25(A) and (B) of the National Electrical Code, NFPA No. 70-2005 is not required. However, if arc-fault breakers are provided, such use must be in accordance with the National Electrical code, NFPA No. 70-2005."
Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
The cost of construction for new and the cost of maintenance on existing dwellings will decrease depending on the preference of installing the listed devices. The economic impact is minimal.
Contact Person
Jim Quast, Program Manager 608 266 9292.
