[Adopted 7-3-1997 by Ord. No. 935 (Ch. 15 of the 1964 Code)]
The object and purpose of this code is to safeguard persons
and property from hazards arising from the use of electrical energy
by establishing minimum standards for the installation and maintenance
of electrical systems.
Except as regulated in § 164-26D, the regulations of this code shall apply to the supply of electricity and to all sales, rentals, leases, uses, installations, alterations, repairs, connections, and maintenance of all electrical material, wiring, conductors, fittings, devices, appliances, fixtures, signs and apparatus, or parts thereof, or attachments therefor, hereafter referred to as "electrical equipment," which are intended to be, or are, within, on, under, or near all buildings, structures, equipment and premises.
A.
Application. This code is applicable to all new installations, reconstructions,
alterations and extensions of electrical wiring on the load side of
the electric service point of any building, structure, or other, utilizing
electrical service.
B.
Existing installations. An existing installation may be required
to be brought into compliance with this code and within a specified
time period if the Electrical Inspector determines there is a risk
to life or property or the installation is not being used as originally
installed.
C.
Change of occupancy; alterations or damage. If the occupancy class
or above-ceiling wiring of an existing premises is changed, the electrical
wiring shall be made to conform to the requirements of this code for
the new type of occupancy and all unused wiring above any suspended
ceiling system shall be removed. Any alterations to an electrical
system shall conform to the requirements for a new installation. Any
electrical system damaged by fire, lack of maintenance or other shall
be repaired/replaced to the requirements for a new installation.
D.
Exceptions. The electrical license and permit regulations of this
code shall not apply to the following:
(1)
The installation, alterations, or repair of electrical generation,
transmission, or distribution equipment, but not utilization equipment,
owned and operated by an electrical public utility company.
(2)
The installation, alterations, or repair of signal or communication
equipment where such equipment is owned and operated by a public utility
company.
(3)
Any work in ships, railway cars, trackless trolleys, buses, aircraft,
automobiles, trailers, mobile homes and prefab assemblies.
(4)
Any work in connection with electrical equipment used for radio and
television transmission, telephone and/or communication equipment,
but not including supply wires to such equipment.
(5)
Any work involved in the manufacturing or testing of electrical equipment
or apparatus, but not including any permanent wiring or equipment.
(6)
Any work associated with:
(a)
The repair of plug-connected electrical appliances or devices.
(b)
Permanently connected electrical appliances or devices which
have been electrically and mechanically disconnected and separated
from all sources of electrical supply by an electrical licensee. The
opening of switches or the blowing or removal of fuses shall not be
considered as electrical or mechanical disconnection or separation.
(7)
The installation or replacement of approved fuses which are not oversize
for the circuit involved.
The provisions of this code shall adopt and supplement all the
laws and regulations of the State of Wisconsin related to electrical
installations and include any future amendments, revisions or modifications
thereto. By this section, these laws and regulations are made a part
of this code as if fully set forth herein. Where the requirements
of the state code and the provisions of this code conflict, the stricter
requirements shall govern. The following subsections reference, but
are not limited to, specific State of Wisconsin Administrative Codes
that are a part of this code and the laws and regulations of the State
of Wisconsin.
A.
Wisconsin State Electrical Code, Volume 2. Wisconsin Administrative
Code Chapter SPS 316 titled "Wisconsin State Electrical Code, Volume
2" is hereby adopted.
B.
Wisconsin Administrative Code Chapter SPS 305. Wisconsin Administrative
Code Chapter SPS 305 titled "Licenses, Certifications and Registrations"
is hereby adopted.
C.
Uniform Dwelling Code. Wisconsin Administrative Code Chapter SPS
324 titled "Electrical Standards" is hereby adopted and is hereby
applicable to alterations and additions to all existing one- and two-family
residential buildings and their accessory buildings.
A.
The Building Inspector or his duly authorized representatives shall
enforce the regulations of this code.
B.
The Building Inspector in special cases shall have the authority
and he is hereby empowered and directed to waive any of the regulations
of this code, the enforcement of which, in his judgment, would create
an unsafe or dangerous condition.
C.
It shall be the duty of the Muskego Police and Fire Departments to
assist the Building Inspector or any of his duly authorized representatives
in the enforcement of this code and to permit and allow the Building
Inspector or his representatives inside fire and police lines.
D.
It shall be unlawful for any person to impersonate the Building Inspector
or his duly authorized representative, to enforce or try to enforce
any of the regulations of this code.
E.
It shall be the duty of every person who furnishes electric current
to or who owns, sells, leases, or lets for hire, uses, designs, installs,
repairs, operates, maintains, or grants possession of any electrical
equipment or materials, wiring, or apparatus in the City to comply
with the regulations of this code.
F.
The Building Inspector or his duly authorized representative shall
have the right and authority to issue citations and/or cause the arrest,
on direct evidence or on information and belief, of any person who
has violated or who is suspected of having violated any of the regulations
of this code.
Pursuant to this code the Building Inspector shall have the
authority to render interpretations of the regulations of this code.
A.
The Building Inspector or his duly authorized representative shall
have the authority to enter all buildings and premises and all parts
thereof in order to make an inspection, reinspection, observation,
examination, or test of electrical equipment or wiring contained therein
or thereon to enforce the regulations of this code.
B.
The Building Inspector or his duly authorized representatives shall
have the authority, and they are hereby empowered, to order the removal
of any and all obstructions, including lathe, plaster, lumber, boards
and partitions, for the purpose of gaining access to and inspection
of electrical equipment or wiring.
Upon the completion of any installation, alteration, or replacement
of electrical equipment which requires a permit, it shall be the duty
of the licensee making the installation, alteration, or replacement
to notify the Building Inspector, who shall inspect the installation,
alteration, or replacement as soon thereafter as practicable.
A.
When any electrical equipment, requiring a permit, is to be concealed
by the permanent placement of parts of the building, the licensee
installing the electrical equipment shall notify the Building Inspector
to that effect, and such equipment shall not be concealed by the person
installing such parts of the building until it has been inspected
and approved by the Building Inspector. On installations where the
concealment of electrical equipment proceeds continuously, the licensee
installing the electrical equipment shall give the Building Inspector
due notice and inspection shall be made periodically during the progress
of work.
B.
Failure to request required inspections in a timely manner and/or
allowing work to be covered or put into use prior to receiving an
approved inspection shall result in the assessment of a penalty fee
against the permit holder and/or property owner, said penalty fee
to be as from time to time established by resolution of the Common
Council and listed in Table 3.[1]
[1]
Editor's Note: Table 3 is on file at the Public Works and
Development Department.
This code shall not be construed to relieve from or lessen the
responsibility or liability of any person supplying electricity to,
or selling, renting, leasing, owning, using, operating, controlling,
installing, altering, repairing, removing, replacing, disturbing,
connecting, disconnecting, or maintaining, any electrical equipment
for damages to persons or property caused by any defect therein or
therefrom; nor shall the City be held as assuming any such responsibility
or liability by reason of the issuance or revocation of any license,
permit or certificate, or the inspection or reinspection authorized
by this code, or by reason of the approval or disapproval of any electrical
equipment, sales, rentals, drawings, plans, specifications, materials,
samples, test reports, literature, information or schedules, authorized
in this code; nor shall the City be held liable for any damages resulting
from the enforcement of this code.
In all cases where any action is taken by the Building Inspector
to enforce the regulations of this code, such action or act shall
be considered as done in the name of and on behalf of the City, and
said Building Inspector shall not be judged as liable for any damage
that may accrue to persons or property as the result of any such action
or act committed in the discharge of his duties, and any lawsuit or
action brought against said Building Inspector shall be defended by
the City Attorney until final termination of the proceedings contained
therein.
All requests for information pertaining to and involving an
interpretation of this code shall be submitted in detail to the Building
Inspector. The Building Inspector shall not design or lay out any
electrical installation or act in the capacity of a consulting (electrical)
engineer.
The Building Inspector shall keep a record of all electrical
permits and other electrical matters. The Building Inspector may destroy
such records other than permits at any time after such records become
10 years old.
[Amended 4-18-2013 by Ord. No. 1370]
No person, firm or corporation shall install, alter, repair, remove, replace, disturb, connect, disconnect, or maintain any electrical equipment or accept any payments therefor in the City without first having procured an electrical license from the State of Wisconsin, except any person who is performing such work as a bona fide employee of and for the holder of a license and any persons performing work on electrical equipment exempt by § 164-26D.
A.
At the time of the issuance of a permit the Building Inspector may
require the manufacturer, owner, installer or user of electrical equipment
to submit plans (drawings), data, and specifications, schedules or
literature, information, materials, samples or tests as may be necessary
to determine the fitness of equipment for safe installation and use.
B.
The approval of general building plans and specifications by the
Building Inspector shall not be considered as including electrical
plans and specifications or electrical equipment.
A.
Permit required. Except as regulated in § 164-26D, no electrical equipment shall be installed, altered, renewed, replaced, or connected without first procuring a permit therefor. No permit shall be required for the replacement of switches and receptacles for maintenance purposes.
(1)
Industrial maintenance permit. Industrial plants, factories, large
manufacturing facilities, etc., which regularly employ one or more
qualified individuals for in-house maintenance, may qualify for a
special industrial maintenance permit. The industrial maintenance
permit allows normal maintenance of existing equipment.
(2)
In no case shall any holder of an industrial maintenance permit be
permitted to install or construct any additional electrical equipment.
B.
Application for permits.
(1)
Any holder of a license desiring a permit as required by this code
shall file with the Building Inspector an application for such permit
in writing on a form furnished for such purpose. Such application
shall be signed by the licensee.
(2)
Such application shall describe and enumerate the electrical equipment
to be installed and shall give other reasonable information as may
be required by the Building Inspector and, when required, shall be
accompanied by further information as regulated in other sections
of this code.
C.
Issuance of permits.
(1)
If upon examination it is found that the information on the application
is complete, the Building Inspector shall issue a permit, provided
that the licensee agrees and expressly states that he is fully capable
and in possession of knowledge and ability to design, lay out, install,
alter, or replace the work designated in the application in accordance
with the regulations of this code and all other laws and ordinances
pertinent thereto and will install electrical equipment as described
in the application for permit in a safe, legal and workmanlike manner.
(2)
The issuance of any permit or the serving of any notice shall not
preclude compliance with all ordinances or other laws relating to
occupancy and use, construction, or zoning.
(3)
No other electrical work shall be done except work as described in
the application for permit.
D.
No permits to violators. Applicants having outstanding orders or
notices or unpaid fees or forfeitures relative to this code or other
ordinances enforced by the City shall not be issued any additional
permits prior to such orders, notices or unpaid fees or forfeitures
being corrected and/or paid to the Building Inspection Division's
satisfaction. Exception: The Building Inspector or other authorized
individual may issue permits to applicants with outstanding orders
or notices or unpaid fees or forfeitures when the permit is required
to comply with an outstanding order or notice.
E.
Work without permit. When any work is begun on the installation, alteration, or replacement of any electrical equipment without first obtaining a permit therefor, the Building Inspector shall have the power and authority to disconnect or order the disconnection immediately of any such equipment and to stop such work until a permit has been procured. See also § 164-39C.
F.
Lapse of permit.
(1)
Any permit issued hereunder shall expire one year from date of issuance.
(2)
When any electrical work for which a permit has been issued is not started within 90 days from the date of the issuance of the permit, or if there is cessation of such work which has been started of more than six months, then said permit shall lapse and be void, and no electrical work shall be begun or resumed until a new permit is obtained and the fees prescribed in § 164-39 are paid therefor.
(3)
Requests for refund shall be subject to a refund processing fee,
as from time to time established by resolution of the Common Council
and listed in Table 3. In no event shall moneys be refunded if any
inspections have been made.
B.
Permit fees. The fees required by this code shall be as from time
to time established by resolution of the Common Council and listed
in Table 3. Such resolution shall remain on file with the Clerk-Treasurer
and in the office of the Building Inspector. For City of Muskego municipal
projects fees are waived.
C.
Penalty fees. Penalty fees shall be charged when work is started
before a permit is applied for and issued. Said penalty fees shall
be established by resolution of the Common Council and be listed on
Table 3.
All methods and materials shall conform to and comply with all
laws, rules, orders and regulations of the State of Wisconsin.
It shall be unlawful for any person to make any connection from
any source to supply electricity to any electrical equipment for which
a permit is required, or which has been disconnected or ordered disconnected
by the Building Inspector, until a certificate of authorization has
been issued by the Building Inspector authorizing the connection and
use of such equipment.
A.
It shall be unlawful for any person to install or use any type or
kind of electrical equipment in the City which has not been approved
by the authority enforcing this code.
B.
It shall be the policy of the Building Inspector to approve, subject
to the regulations of this code, any type or kind of electrical equipment
which has been approved by the National Institute of Standards and
Technology, or any National Electrical Code (NEC) recognized testing
laboratory, or the State of Wisconsin, or the authority having jurisdiction.[1]
Only that equipment which has been expressly made for electrical
purposes shall be installed for electrical purposes. Except as otherwise
regulated in this code, all electrical equipment which has been expressly
made for electrical purposes shall be installed or used in the exact
manner and for the exact purpose indicated by the manufacturer's
instructions, markings, or labels. Old or secondhand equipment shall
not be installed unless such equipment is in a safe condition and
approved by the authority having jurisdiction. Approved electrical
equipment and the original manufacturer's ratings, markings,
or labels thereon shall not be changed or altered in any manner, except
that normal replacements and repairs may be made to such equipment
if the replacements and repairs do not change the original characteristics
or design.
A.
It shall be unlawful for any person to advertise, sell, offer for sale, expose for sale, grant possession of, offer to grant possession of, or dispose of in any manner any type or kind of electrical equipment in the City which has not first been approved (see § 164-42) by the Building Inspector.
B.
The regulations of this section shall not apply to a sale made by
a person to any person doing business outside of the City for delivery
to such person outside of the City, whether such delivery is made
by vendor or vendee; provided, however, that such electrical equipment
or materials are not offered or exposed for sale in the City to the
general public.
C.
The sale, rental, installation, or repair of electrical equipment
in the City shall by implication warrant that the manufacturer, seller,
installer, repairer, or person receiving payment for rental thereof
guarantees that such electrical equipment is of merchantable quality
and not defective to the extent that it will be dangerous to persons
or property when put to the use for which it was designed.
A.
When the Building Inspector finds any electrical equipment to be
unsafe or dangerous to person or property, the person owning or using
such electrical equipment shall be notified in writing by the Building
Inspector to remove or cause to be removed or to make any changes
or repairs as determined by the Building Inspector so as to restore
such electrical equipment to a safe condition. Failure to comply with
such notice within the time specified in such notice shall be sufficient
cause for the Building Inspector to disconnect or order the removal
of, or order the discontinuance of electric service to, said electrical
equipment, or to cause the arrest of such person owning or using such
electrical equipment.
B.
In any case of emergency affecting the safety of person or property,
or where electrical equipment interferes with the work of the Fire
Department, or where electrical equipment is not installed in conformity
with the regulations of this code, the Building Inspector shall have
the authority to disconnect immediately or cause the removal or disconnection
of any such electrical equipment.
C.
When the Building Inspector disconnects or causes to be disconnected
electric current from electrical equipment, he shall attach an official
notice, tag, lock, or seal to such electrical equipment to prevent
the use of electricity. It shall be unlawful for any unauthorized
person to attach such official notice, tag, lock, or seal, or to break
open, change, remove, destroy, tear, alter, mutilate, cover, or otherwise
deface or injure any such official notice, tag, lock, or seal.
The Building Inspector shall have the power and authority and
he is hereby authorized to seize and take possession of any electrical
equipment or materials or parts thereof or attachments therefor which
in his opinion are dangerous to life or property or which are suspected
or found by him to have been the cause of any fire, accident, injury,
or fatality, and to retain possession of the same for the purpose
of making an investigation or examination or for official evidence.
After such electrical equipment or materials in the possession of
the Building Inspector have served their purposes, and an official
report and record thereof have been made, such electrical equipment
or materials shall be returned to the owner, provided said owner requests
in writing their return within 90 days from the date of their seizure.
If no such request is made, such equipment or materials may be destroyed
of disposed of.
[Amended 4-6-2000 by Ord. No. 1021]
All overhead electric services may be reinstalled overhead.
New electrical services shall be installed underground. Temporary
electric service used for construction purposes only may be installed
overhead, provided that such service will be terminated within 90
days.
Whenever the Building Inspector shall determine that all or part of the electrical work of any building is not in strict compliance with the provisions of this code, he shall, in cases where the construction is in progress, give five days' written notice thereof to the contractor on the job; in all other cases he shall give five days' notice thereof to the owner or his authorized agent or attorney. Such contractor or owner may, within five days after receiving such notice, file a petition in writing for a review of said action of the Building Inspector. Said petition may be filed either with the Chairperson or with any one of the members of the Zoning Board of Appeals of the City of Muskego, created under the provisions of § 12-3 of the City Code and pursuant to § 62.23(7)(e), Wis. Stats. Upon receipt thereof the Board shall meet and forthwith determine whether said electrical construction complies with the requirements of this code and the state and national electrical codes; thereupon the Chairperson of said Zoning Board of Appeals shall cause written findings and decision to be filed, reflecting the action of said Zoning Board of Appeals, and shall further cause a copy thereof to be mailed or delivered to such contractor or owner.
A.
Violations. It shall be unlawful for any person, firm or corporation
to erect, construct, install, alter, repair, move, demolish, convert,
equip, use, occupy or maintain any building, structure or premises
in the City contrary to or in violation of any provisions of this
code or to cause, permit or support the same to be done.
