City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Ch. 15 of the Municipal Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 80.
Fire prevention — See Ch. 124.
Property maintenance — See Ch. 201.

§ 106-1 Purpose.

The purpose of this chapter is to safeguard life and property by regulating the proper installation, maintenance and use of electricity and utilization devices by providing for the review and licensing of persons, firms and corporations undertaking electrical work, by issuing permits for electrical work, by the inspection of the existing and newly installed wiring, equipment and devices, and fixing a penalty for violation thereof.

§ 106-2 Adoption of related state regulations.

A. 
The provisions of this chapter shall adopt and supplement all the laws and regulations of the State of Wisconsin relating to electrical installations on the load side of the service point as defined in Article 100 of the National Electrical Code and including any future amendments, revisions or modifications thereto. By this section, these laws and regulations are made a part of this chapter as if fully set forth herein. Where the requirements of the state code and the provisions of this chapter conflict, the stricter requirements shall govern. Electrical wiring and equipment, properly installed in accordance with the then-existing electrical code, shall be considered in compliance with this chapter unless it poses a safety threat to property or life.
B. 
The following subsections reference, but are not limited to, specific State of Wisconsin Administrative Codes that are part of this chapter and the laws and regulations of the State of Wisconsin:
(1) 
Wisconsin State Electrical Code, Volume 2. Wis. Adm. Code, Chapter COMM 16, titled "Wisconsin State Electrical Code, Volume 2," is hereby adopted.
(2) 
Wisconsin Administrative Code Chapter COMM 5, Wis. Adm. Code, Chapter COMM 5, titled "Electrical Inspection and Certification of Electrical Inspectors and Master Electricians," is hereby adopted.
(3) 
Illumination Code. Wis. Adm. Code, Chapter COMM 73, titled "Illumination Code," is hereby adopted.

§ 106-3 Electrical Section created; designation of enforcing officer.

There is hereby created under the general supervision of the Chief Building Inspector within the Inspection Division the Electrical Section. The Section shall be under the direct supervision of the Electrical Inspector. The Electrical Inspector shall have the general authority and control of all matters pertaining to electrical inspections and shall enforce all state laws and city ordinances relating thereto.

§ 106-4 Qualifications of Electrical Inspector.

The Electrical Inspector shall be certified by the State of Wisconsin as a commercial electrical inspector (Comel).

§ 106-5 Authority of Electrical Inspector.

The Electrical Inspector shall have full power to pass upon any question arising under the provisions of this chapter, subject to the conditions contained in this chapter, and shall have the power and authority at all reasonable times, for any proper purpose, to enter upon any public or private premises and make inspection thereof and to require the production of the permit for electrical work or the required license therefor. In case of violation of this chapter or any other ordinance of the City of New Berlin, the Electrical Inspector may post a stop order upon the premises after which no further work shall be performed upon the structure until the premises are brought in compliance. Any person interfering with the Electrical Inspector while in the performance of his/her duties shall be deemed guilty of an offense punishable under this chapter.

§ 106-6 Records.

There shall be kept in the Division of Electrical Inspection a complete record of all applications and permits, regularly numbered in the order of their issue, and also a record of all inspections made and other official work performed under the provisions of this chapter, so arranged as to afford prompt information concerning electrical installations.

§ 106-7 Right of entry.

A. 
Authority to enter premises. In the discharge of his/her duties and whenever necessary to make an inspection to enforce any provisions of this chapter, or whenever the Electrical Inspector or authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which makes such building or premises unsafe, the Electrical Inspector or authorized representative may enter such building or premises at all reasonable times to inspect the same, require the production of any permit or license required hereunder or to perform any duty imposed upon by this chapter, provided that if such building or premises be occupied, he shall first present proper credentials and request entry; and if such building or premises be unoccupied he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry.
B. 
Enforcement. If consent to entry to the personal or real properties which are not public buildings, or to portions of public buildings which are not open to the public, for inspection purposes has been denied, or if the owner or other person in charge or control cannot be located, the Electrical Inspector shall obtain a special inspection warrant under § 66.0119, Wis. Stats. No person shall interfere with the Inspector or his/her authorized agent while in the performance of his/her duties, and any person interfering shall be in violation of this chapter and subject to a penalty as provided by § 106-29.

§ 106-8 Liability.

This chapter 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 chapter, 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 chapter. Nor shall the city be held liable for any damages resulting from the enforcement of this chapter.

§ 106-9 through § 106-16. (Reserved) [1]

[1]
Editor’s Note: Former §§ 106-9, Electrical Review Board, 106-10, Appeals, 106-11, License required; application procedure, 106-12, License renewal, 106-13, Suspension of license, 106-14, Revocation of license, 106-15, License fee, and 106-16, Licensing of shop maintenance, were repealed 4-22-2014 by Ord. No. 2521.

§ 106-17 Electrical permit.

A. 
Permit required. No building, structure or premises shall be wired for electric lights, meters, heating units, signs, refrigeration or other electrical wiring nor shall any electrical equipment be installed nor shall any alteration or change be made in any wiring system, nor shall electric current be supplied to any new electrical system, before notifying the Electrical Inspector and securing a permit and/or authority to proceed with the work.
B. 
Permit not required. No permits shall be required for the connection of electrical equipment having a rating of not greater than 120 volts or 20 amps and having an attachment cord and cap for connection to a permanently installed receptacle, except that a permit shall be required for the installation of a new fire alarm system or the replacement of an existing fire alarm system. No person, firm, or corporation shall alter or install a fire alarm system without first having procured a license, as provided in this chapter. A fire alarm system is one where the electrical wiring is connected to a listed (per Wisconsin Administrative Code, Department of Commerce, Chapter COMM 16.11, Electrical) fire alarm control panel.
C. 
To obtain a permit. A contractor licensed to perform the service for which the permit is sought, or such person who is otherwise permitted pursuant to Chapter 101 of the Wisconsin Statutes to perform the applied-for service, shall first file with the Electrical Inspector an application for an electrical permit. The application shall state the name of the owner of the property, the address of the premises where the work is proposed, a description of all work proposed and other information as the Electrical Inspector may request. The required fees as prescribed by this chapter shall accompany the application.
[Amended 9-23-2014 by Ord. No. 2528]
D. 
Temporary work. On applying for a permit for temporary work, a specified period of time for which such wiring is to remain in service shall be stated. Service shall be disconnected at the end of this period and not again be connected without written permission from the Electrical Inspector. For buildings where conduit wiring is required, special permits for temporary work may be granted by the Inspector for the installation of exposed wiring of lights and power for building operations, display, decorative lighting, etc., for use for a limited period, subject to discontinuance and complete removal at expiration, and to condemnation and revocation within such period.
E. 
Emergency work. In the case of emergency work, the electrical contractor doing or causing such work to be done shall report the same to the Electrical Inspector immediately after beginning work; and such work shall be done in accordance with the provisions of this chapter.
F. 
Emergency. The determination as to the existence of an emergency shall be made by the Electrical Inspector.

§ 106-18 Electrical permit voided.

The electrical permit shall have lapsed and be void unless electrical work is commenced within 120 days of the date of issuing of the permit or, if work authorized by the permit is suspended at any time after the work is commenced, for a period of 120 days. Before such work can be recommenced, a new permit shall be first obtained. A written request from the permit holder, prior to termination, may extend the electrical permit up to an additional 120 days. A permit that has lapsed and become void shall not relieve the permit holder of completion of the electrical work to a safe condition.

§ 106-19 Electrical permit revoked.

The Electrical Inspector may revoke a permit or approval issued under the provisions of this chapter in case of false statements or misrepresentation as to a material fact in the application or plans on which a permit or approval was based. A permit that has been revoked shall not relieve the permit holder of completion of the work to a safe condition.

§ 106-20 Electrical permit refused.

No permit shall be issued to any licensee who is in arrears on the payment of any of the fees or special assessments or who has failed to comply with any outstanding lawful order of the Electrical Inspector.

§ 106-21 Approval of other permit.

The approval or conditional approval of a building, plumbing or HVAC permit shall not be considered as approval of the electrical plans, electrical specifications, electrical equipment or of an electrical permit.

§ 106-22 Working without permit; penalty.

A. 
Penalty. When obtaining an electrical permit after the work has commenced, the total fee shall be doubled with a minimum fee in accordance with the fee schedule.
B. 
Compliance. The payment of such double fee shall not relieve the permit holder from fully complying with all the regulations of this chapter or from any other penalties prescribed by this chapter.

§ 106-23 Inspections.

A. 
When required and notification. Upon completion of electrical wiring required to be inspected as hereafter stated or before any electrical wiring is to be hidden from view, the electrical contractor installing the electrical wiring shall notify the Electrical Inspector that the installation is ready for inspection. The request for inspection shall include the permit number and location of work to be inspected.
B. 
Inspection of work. The Electrical Inspector shall perform the requested inspection within two business days, exclusive of Saturdays, Sundays and holidays, after receiving notification. If after two business days an inspection has not been made, the contractor shall inform the Electrical Inspector of his/her intention to proceed with the work.
C. 
Inspection types. Inspections required to be performed shall be of the following types for the purpose of determining if the work complies with this chapter:
(1) 
A rough-in inspection before concealment of electrical wiring or raceway piping;
(2) 
Final inspection for releasing the installation for its intended use; and
(3) 
Reinspections, as necessary, to confirm compliance and satisfactory completion of the electrical work.
D. 
Access. The electrical contractor shall provide access for any inspection which is not readily accessible for an inspection such as, but not limited to, roof tops, tunnels, etc.
E. 
Certificate of inspection. For connection of a new or relocated electrical service to any building, structure or premises, the Electrical Inspector shall issue a certificate of inspection to the electric company furnishing electrical power and the power company shall not energize said service until receiving approval from the Electrical Inspector.
F. 
Final inspection. The electrical contractor shall promptly call for a final inspection when work is completed and before the electrical installation is used for its intended purpose. It is the responsibility of the electrical contractor to ensure the electrical installation is safeguarded until approved by the Electrical Inspector. A penalty fee may be assessed for failure of the electrical contractor to promptly request a final inspection.

§ 106-24 Homeowner's privilege.

A. 
A property owner may personally install electrical wiring in his/her own single-family dwelling owned by and occupied by him/her as a permanent residence, provided that said owner shall:
(1) 
Apply for and secure a permit in accordance with this chapter.
(2) 
Pay the required fees.
(3) 
Do the work himself/herself in accordance with this chapter.
(4) 
Apply for inspection.
(5) 
Receive the approval of the Electrical Inspector.
B. 
The homeowner's privilege does not apply to the following:
(1) 
New electrical services, or service upgrades.
(2) 
In-ground swimming pools, spas, or hot tubs.
(3) 
New construction prior to the issuance of an occupancy permit.
(4) 
Remodeling over 1,500 square feet.

§ 106-25 Fee schedule.

A. 
Minimum permit fee. Where additional permits by the same contractor on the same job are necessary, the minimum fee does not apply, providing the additional permit fees are received prior to the contractor's request for final inspection.
B. 
The schedule of fees for the following items will be on file in the City Clerk's office and may be adjusted by the Common Council:
(1) 
Wiring for lighting switches and convenience outlets.
(2) 
Installing incandescent lighting fixtures.
(3) 
Installing fluorescent lighting fixtures.
(4) 
Wiring for residential outdoor post lanterns up to eight feet in height.
(5) 
Wiring for range, oven, and power outlets over 150 volts not otherwise indicated.
(6) 
Wiring for electric hot-water heater.
(7) 
Wiring for gas burner, oil burner, or stoker with circulator.
(8) 
Wiring for automatic water system (well pump).
(9) 
Wiring for exhaust, paddle and recirculation fans for ventilation and their controls.
(10) 
Wiring for motors over 1/6 horsepower.
(11) 
Wiring for refrigeration, air cooling, and similar machinery.
(12) 
Wiring for rectifiers and transformers.
(13) 
Wiring for dimmers, time clocks, rheostats, motion sensor.
(14) 
Wiring for dryer and dishwasher.
(15) 
Wiring for electric heating devices (space and strip).
(16) 
Wiring for temporary use in addition to the specific items connected (services - lighting-convenience outlets and etc.).
(17) 
Wiring for garbage grinding disposal unit and residential trash compactor.
(18) 
Wiring for service entrance:
(a) 
Zero through 200 amperes.
(b) 
Over 200 amperes.
(19) 
Additional meter sockets and disconnects.
(20) 
Additional meters and subfeeders within same enclosure.
(21) 
Wiring for signs.
(22) 
Wiring for above- and in-ground swimming pool, hot tub, spa, hydromassage bath tub to include related grounding, one motor, one motor disconnect by motor, one each convenience outlet and switch, one light, and one in line water heater.
(23) 
Wiring for strip lighting, plug-in strip, trol-e-duct or similar system.
(24) 
Wiring for wireways, busways, underfloor raceways or auxiliary gutters.
(25) 
Wiring for generators.
(26) 
Wiring for arc, mercury, sodium, metal halide and search lights.
(27) 
Wiring for fuel dispensing pumps, welders, X-ray machine or similar equipment.
(28) 
Wiring for capacitors.
(29) 
Wiring for emergency lighting, exit lights, stand pipe alarm, fire alarm, smoke alarm (audible or visual).
(30) 
Wiring for panel boards, feeders, and transfer switches.
(31) 
Light poles over eight feet in height including one lighting fixture attached.
(32) 
Wiring for mound systems.
(33) 
Reinspection charge.
(34) 
Failure to call for final inspection.
(35) 
Electrical contractors license.

§ 106-26 Failure to call for final inspection.

An additional fee may be assessed, as listed in the fee schedule, for failure of a permit holder to call for a final inspection for completion of work for which an electrical permit was issued. The assessment may also be applied when the electrical contractor allows use of the electrical installation before the installation is finally approved by the Electrical Inspector.

§ 106-27 Refund of fees.

A request may be made in writing by the permit holder for a refund of permit fees, if the request is made within 120 days of the issuance of the permit. Requests received after 120 days may be referred to the Common Council for approval. The amount eligible for refund shall be in accordance with the schedule.

§ 106-28 Payment and use of fees.

[Amended 7-23-2002 by Ord. No. 2180]
All permit fees shall become property of the City of New Berlin and shall be delivered to the Director of Finance and Administration and credited to the general fund.

§ 106-29 Violations and penalties.

A. 
Violation. 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 provision of this chapter or to cause, permit or support the same to be done.
B. 
Penalties. Except as otherwise provided herein, any person who shall violate any provision of this chapter, or any regulation, rule or order made hereunder, shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-18 of this Code.
C. 
Injunctive action and abatement. In addition to the penalties provided in Subsection B, appropriate legal or equitable action may be commenced to obtain compliance or enjoin any person, firm or corporation from violating any of the sections of this chapter.