City of South Milwaukee, WI Chapter 17 Electrical Code

[HISTORY: Adopted by the City Council of the City of South Milwaukee. Amendments noted where applicable.]

§ 17.01 Title.

This chapter shall be known as the "Electrical Code of the City of South Milwaukee." It will be referred to hereinafter as "this Code."

§ 17.02 Object and application of code.

A. 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. Compliance with these standards is intended to result in installations reasonably free from electrical hazards. The standards merely prescribe and establish a reasonable minimum and do not constitute specifications for electrical installations and electrical equipment generally. Specifications for electrical installations are not complete when they only require compliance with this chapter, because the adequacy, suitability, operating efficiency, convenience, finish, appearance and value of electrical installations may be greatly varied or effected in many respects without departure from the regulations of this chapter.

[Amended 9-20-1994 by Ord. No. 1579]

B. This Code shall apply in full to all new permanent installations (including reconstructions, alterations and extensions), except (a) where any provision thereof is shown to be impracticable, or (b) where the advantage of uniformity with existing construction is greater that the advantage of construction in compliance with this Code, provided in either event the existing construction is reasonably safe.

C. This Code shall apply to all existing permanent installations except where the existing construction is reasonably safe.

D. This Code shall apply to all temporary installations or installations which are shortly to be dismantled or reconstructed, except where such an installation is used for a limited time under a temporary service permit, and is reasonably safe.

E. Installations used exclusively for routine or special electrical test work under the supervision of a qualified person need comply with this Code only so far as practicable for the character of the testing done, provided such installations are reasonably safe.

F. In case of emergency, the person responsible for an installation may decide as to modification of any provision of this Code, subject to review by the Electrical Inspector.

§ 17.03 Liability of owner.

A. Liability of owner. This Code shall not be construed to relieve in whole or part the responsibility or liability of any party owning, operating, controlling, or installing any electrical wiring, device or equipment, for damages to anyone injured or any property destroyed by any defect therein, nor shall the City be held to assume any such liability by reason of any inspection authorized herein, or any certificate of inspection or permit issued as herein provided.

B. Temporary service permits. The Electrical Inspector may issue permits for temporary service for a limited period where power and light are needed to complete the erection of a building or to carry on other necessary activities during construction. Service shall be cut off and all temporary work removed at the end of the period of such permit unless the period is extended for good cause by the Electrical Inspector.

C. Records. Electrical contractors shall keep a complete separate record of the work done by them when a permit is not required, which record shall be open for the inspection by the Electrical Inspector at all times.

D. Applications. Applications for permits shall be made to the Electrical Inspector on forms supplied by the City. Each application shall indicate the nature and extent of the electrical work and the time same will be completed. In the case of a large installation, a plan may be required to accompany the application in the discretion of the Electrical Inspector. Applications for temporary service permits must state the time during which temporary service is required.

§ 17.04 Definitions.

A. State code terms. All terms defined in the Wisconsin Administrative Code, State Electrical Code and any amendments thereto shall, when used in this Code, be construed to have the same meanings as in the Wisconsin State Electrical Code.

[Amended 12-17-2019 by Ord. No. 2200]

B. Other terms. For the purpose of this Code, the following terms shall be construed to have the following meanings:

ELECTRICAL SYSTEM

Any wiring or devices installed for the purpose of conducting or safeguarding electrical current, except wiring or devices installed in communication systems or in automotive vehicles.

ELECTRICAL WORK

Any act in connection with the installing, altering, or maintaining of an electrical system, which act ordinarily requires the use of tools.

§ 17.05 Construction requirements.

A. All electrical work in the City of South Milwaukee shall conform with the standards and provisions of this Code.

B. All electrical materials, devices, appliances, or equipment used or installed for use in the City of South Milwaukee shall conform with the standards and provisions of this Code and shall be installed, maintained, and operated in conformity with such standards and provisions.

§ 17.06 Standards of Wisconsin Administrative Code, SPS 316 adopted.

[Amended 12-17-2019 by Ord. No. 2200]

The standards of construction, maintenance and operation as established by the Wisconsin State Electrical Code, as now adopted in its entirety or as it may hereafter be amended by the Industrial Commission of Wisconsin, are hereby adopted as a part of this Code and shall apply to all types of construction whether industrial, residential, utility or other.

§ 17.07 Permits.

[Amended 12-17-2019 by Ord. No. 2200]

A. Except for an electrical wiring project described in § 101.875(2), Wis. Stats, and as provided in Subsection B no electrical work shall be performed in the City of South Milwaukee unless the owner of the premises where the installation is to occur or their agent holds a permit from the designated inspection agency if the project involves the installation of new or an addition to any electrical service, feeder, or branch circuit serving any of the following:

(1) A farm.

(2) A public building, structure, or premises.

(3) A place of employment.

(4) A campground.

(5) A manufactured home community.

(6) A public marina, pier, dock, or wharf.

(7) A recreational vehicle park.

B. Under emergency conditions, the necessary electrical wiring may commence without obtaining a permit, provided the owner of the premises where the installation is to occur or their agent submits a permit application to the inspection agency designated by the Department to provide electrical inspections for the installation no later than the next business day after commencement of the installation.

§ 17.08 Permit fees.

[Amended 1-7-1992 by Ord. No. 1504]

A. The fees for permits required under this chapter will be as established by Resolution of the Common Council.

B. In the event a permit is not obtained before work is commenced, except in case of an emergency, the fees due shall be doubled. No permit shall be issued for any work by the same contractor or for the same premises or project until all required fees have been paid and all orders of the Electrical Inspector complied with.

C. All fees shall be paid to the City Treasurer and no permit will be valid unless signed by the Electrical Inspector and stamped paid by the City Treasurer in the amount of the required fee.

§ 17.09 Electrical Inspector.

A. The Office of Electrical Inspector shall be appointed by the Common Council. The Electrical Inspector shall serve under the direction of the City Engineer, shall perform electrical inspections and have such powers and duties as are contained herein, or such as the Common Council or the City Engineer shall from time to time specify.

[Amended 9-1-1992 by Ord. No. 1515]

B. The Electrical Inspector shall enforce the provisions of this Code. He shall make all inspections and keep a complete record of applications for permits, permits issued, inspections made, and any other official work performed under the provisions of this Code, and he shall do such electrical work and wiring for the City of South Milwaukee as the City Engineer may direct.

C. The Electrical Inspector shall have the right during reasonable hours to enter, with the permission of the owner, any public or private building in the discharge of his official duties and shall have the authority to condemn an installation and to cause the turning off of any or all electric power supplied to such installation and in cases of emergency, to cut or disconnect any wire or device of such installation where electrical current in such installation is dangerous to life or property or may interfere with the work of the Fire Department.

D. The Electrical Inspector shall be considered a full-time employee of the City of South Milwaukee, and it shall be unlawful for him to engage in the business of electrical wiring and construction either directly or indirectly in the City of South Milwaukee, and he shall have no financial interest in any concern engaged in such business in the City of South Milwaukee while holding the position of Electrical Inspector.

[Amended 4-24-1958 by Ord. No. 594]

E. Periodic inspection. The Electrical Inspector shall periodically visit and inspect such places especially occupied by the public as theaters, motion picture houses, places of amusement, places of assemblage and all parts thereof, in order to examine such places and to judge the conditions of same. He shall make a thorough examination of all the electrical wires and appliances installed within the City of South Milwaukee and when such wires and appliances are found to be in a dangerous or unsafe condition, he shall notify the person, firm or corporation owning, using, operating or installing same to place them in a safe condition. The necessary repairs or changes shall be completed within 30 days after receipt of such notice; each day which shall elapse after the expiration of said period shall constitute a separate offense; and the Electrical Inspector is hereby authorized to order the discontinuance of electrical service to such defective wires and appliances until they have been repaired, removed, or changed as directed by the Electrical Inspector, subject to the limitations of this Code, and failure to obey said order shall subject the person, firm, or corporation neglecting to make such disconnection to the penalties hereinafter provided.

§ 17.10 Inspection and inspection certificates.

[Amended 12-17-2019 by Ord. No. 2200]

A. Except as provided under § 101.875(2), Wis. Stats., electrical wiring installations shall be subject to inspection. Note: See § SPS 320.10 regarding the inspections for the construction of new one- and two-family dwellings.

B. Inspections of electrical wiring installations described under § SPS 316.012(1)(a) shall be conducted by a certified commercial electrical inspector. Note: see § SPS 305.62 for certification provisions for commercial electrical inspectors.

C. The building owner or their agent shall notify the inspection agency designated by the Department to provide electrical inspections when the electrical wiring installation is ready for inspection.

D. Except as provided in Subsections E through F, to facilitate inspection all of the following shall apply:

(1) Electrical wiring shall remain accessible and exposed for inspection purposes.

(2) Electrical wiring may not be energized.

E. The concealment or energizing of electrical wiring, other than an electrical service, may proceed if inspection has not been completed within two business days after notification is received or as otherwise agreed between the wiring installer and the designated inspection agency providing the inspection.

F. The notification that an electrical wiring installation is ready for final inspection shall be made to indicate when all electrical fixtures, outlets and face plates are in place and the installation or that portion of the installation is energized.

G. If upon inspection, it is found that the installation is in compliance with this chapter, the certified inspector shall approve the installation prior to concealment or energizing of the electrical wiring.

H. If, upon inspection, it is found that the installation is incomplete or not in compliance with this chapter, orders to correct shall be issued. An order may include the condition that the electrical wiring is to remain unconcealed and nonenergized until reinspected.

I. Assistance of other officials. It shall be the duty of police officials to report at once to the Electrical Inspector any buildings within their respective districts at which electrical work is being done without a permit as required by this Code. It shall be the duty of other City enforcement officers to cooperate with the Electrical Inspector in the enforcement of this ordinance.

§ 17.11 Appeals.

When the Electrical Inspector condemns or refuses to issue a permit or certificate of inspection for all or part of an electrical installation, he shall give written notice of such condemnation or refusal to the contractor, if any on the job, and to the owner of his authorized agent or attorney. Such contractor or owner may, within five days after receiving such notice, file a petition in writing for review of such condemnation or refusal by the Electrical Inspector. Said petition may be filed with any member of the Board of Electrical Examiners. Upon receipt thereof, said Board shall meet and forthwith determine whether said electrical construction complies with the requirements of this Code and shall cause its written findings and decision to be filed with the City Clerk, and a copy thereof to be delivered to such contractor and owner; and the Electrical Inspector shall be bound by such findings and decision.

§ 17.12 Licenses for electrical contractors or registration required.

[Amended 12-17-2019 by Ord. No. 2200]

A. No person, firm or corporation shall engage in the business of performing electrical work for others in the City of South Milwaukee unless such person, firm or corporation is licensed as an electrical contractor by the Department.

B. No person may install, repair, or maintain electrical wiring unless the person is licensed as an electrician by the Department or unless the person is enrolled as a registered electrician by the Department.

C. No person who is not a master electrician may install, repair, or maintain electrical wiring unless a master electrician is at all times responsible for the person’s work.

D. It shall be unlawful for any electrical contractor licensed hereunder to obtain a permit for electrical work to be done by anyone not regularly in his employ.

§ 17.13 Electrical work done by owner.

[Amended 8-1-2000 by Ord. No. 1775; 7-6-2004 by Ord. No. 1865; 12-17-2019 by Ord. No. 2200]

Any property owner may personally install electrical wiring in a single-family residence building or accessory building which he has legally owned and occupied for a period of at least one year, subject to the following conditions:

A. All permits required by this Chapter must be obtained and the proper fee therefor paid;

B. The work must be done by such owner in accord with applicable standards as herein required;

C. The required inspections must be made and the work approved by the Electrical Inspector.

D. Type of work:

(1) The work involves no circuit of a voltage greater than 110 volts, or

(2) The work does not involve wiring of services, feeders, hot tubs, pools, central air conditioning or electrical water heaters.

§ 17.14 through § 17.18. (Reserved) [1]

[1] Editor's Note: Former § 17.14, Term of licenses, was repealed 4-4-2007 by Ord. No. 1938. Former § 17.15, License fees, was repealed 12-17-2019 by Ord. No. 2200. Former § 17.16, Board of Electrical Examiners, and § 17.18, Revocation of license, were repealed 4-4-2007 by Ord. No. 1938.

§ 17.19 Validity of Code.

If any provision of this Code or the application of such provision to any person or circumstance is held invalid, the remainder of this Code shall not be affected thereby.

§ 17.20 Penalties.

[Amended 9-20-1994 by Ord. No. 1579]

Any person, firm or corporation who shall violate any provisions of the Chapter 17 shall, upon conviction, be subject to a forfeiture of not less that $1 nor more than $1,000, and the cost of prosecution for each offense. Each day a violation continues constitutes a separate offense.