[HISTORY: Adopted by the Town Board of the Town of Brookfield 3-17-2020. Amendments
noted where applicable.]
The provisions of this chapter govern the design, construction,
installation, alteration, demolition and maintenance of all electrical
equipment, apparatus and devices.
The provisions of this chapter shall be known and cited as the
"Electrical Code of the Town of Brookfield."
The purpose of this chapter is to promote the public health,
safety, morals and general welfare of the citizens of the city by
providing certain minimum standards, provisions and requirements for
the design, methods of construction, installation and operation of
all electrical systems, electrical work and electrical wiring.
For the purpose of this chapter, the following definitions shall
apply. Words and phrases not herein defined shall have the meanings
assigned them in Chapter SPS 316 of the Wisconsin Administrative Code
and any amendments or revisions thereto. Words and phrases not otherwise
defined shall have the meanings accepted by common usage.
Any new construction performed on a dwelling, building or
structure which increases the outside dimensions of the dwelling,
building or structure.
A material change or modification other than an addition
or repair to a dwelling, building or structure or to systems involved
within a dwelling, building or structure.
An approval of the Inspector or an authorized representative.
Approval is not to be construed as an assumption of any legal responsibility
for the design or construction of the dwelling or building component.
[Amended 12-7-2021 by Ord. No. 2021-004]
Any structure built for the support, shelter or enclosure
of persons, or property of any kind.
Any subsystem, subassembly or other system designed for use
in or as part of a structure which may include structural, electrical,
mechanical, plumbing and fire protection systems and other systems
affecting health and safety.
Plans, specifications, and documentation for a system of
manufactured building or for a type or a system of building components
which may include structural, electrical, mechanical, plumbing and
variations which are submitted as part of the building system. The
Inspector shall be responsible for the operations of the Department
and shall act as head of the Department.
The Department of Development Services of the Town of Brookfield.
All materials, devices or appliances installed or used for
the purpose of conducting or safeguarding electrical current.
Includes all material, construction, devices and equipment.
Any act in connection with the installing, altering or maintaining
of an electrical system designed or capable of carrying an electromotive
force.
Electrical work that, due to unforeseen conditions, must
be executed to eliminate a life safety hazard.
Any self-contained system or apparatus attached to or built
into the building and used for mechanical or electrical processing,
comfort, safety, sanitation, communication or transportation within
the building.
The Electrical Inspector appointed for the purpose of enforcing
the provisions of this electrical code.
A building, premises, structure, use, materials or equipment
which was in compliance with this chapter when erected or completed
but which does not presently conform to the requirements of this chapter.
The purpose for which a building, structure, equipment, materials
or premises, or part thereof, is utilized or intended to be utilized
as regulated by this chapter.
Chapter 17, Zoning Code.
[Amended 12-7-2021 by Ord. No. 2021-004]
Any person having a legal or equitable interest in the dwelling,
building or structure.
The Plan Commission of the Town.
The act or process of restoring to original soundness, including,
but not limited to, redecorating, refinishing, maintenance repair
or replacement of existing fixtures, systems or equipment.
Mandatory under the provisions of this chapter.
Work of such character so as to meet manufacturer's specifications,
accepted national standards or recognized trade practices and to provide
a durable result as intended to ensure public safety, health and welfare
insofar as they are affected by building construction, use and occupancy.
Chapter SPS 316 of the Wisconsin Administrative Code and the
National Electrical Code, and any amendments or revisions thereto,
are adopted by reference and shall apply to all electrical installations.
All buildings and structures hereafter erected, altered, added
to, repaired, moved or demolished shall comply with the provisions
of this chapter, subject to the following conditions:
(1)
Zoning. No provisions of this chapter shall be construed to repeal, modify or constitute an alternative to any lawful zoning regulations, including, without limitation, Chapter 17, Zoning Code.
(2)
Existing buildings and structures. This chapter shall apply to existing
building or structures as follows:
(a)
This chapter shall apply to the entirety of any existing building
or structure that is altered or repaired if the cost of such alterations
or repairs during the life of the building or structure exceeds 50%
of the fair market value of the building or structure (such value
to be determined as of the time of such alteration or repair), such
value to be determined by the Inspector with the assistance of the
Town Assessor.
(b)
Additions, alterations, repairs or maintenance, regardless of
the cost of same, to a building or structure, whether or not such
building or structure is subject to the provisions of this chapter,
shall themselves be subject to the provisions of this chapter and
the other applicable legal requirements.
(c)
If the existing occupancy or use of an existing building or
structure is changed to a use not permitted in a similar building
or structure hereafter erected, then the entire building or structure
shall be made to conform with the requirements of this chapter and
the other applicable legal requirements; provided, however, that if
the use or occupancy of only a portion of an existing building or
structure is changed, only such portion or portions of the building
need be made to comply with said requirements so long as the Inspector
determines that the same does not pose or otherwise create a threat
to the public health and safety, and provided further that the Inspector
may approve any change in occupancy or use of any existing building,
even though such building is not made to fully conform to the requirements
of this chapter if the Inspector determines that such a change in
use or occupancy of the existing building or structure will not extend
or increase any nonconformity or hazard of such building or structure
and otherwise pose or create a threat to the public health and safety.
Any change in use or occupancy shall also comply with all other applicable
provisions of this code.
(1)
Appointment. The Electrical Inspector shall be appointed by the Town Board as designated in Chapter 1, General Government, of this Code.
[Amended 12-7-2021 by Ord. No. 2021-004]
(2)
Qualifications. The Electrical Inspector shall be certified by the
state as a certified commercial Electrical Inspector per Wisconsin
Administrative Code § SPS 316.011.
(1)
The functions of electrical inspection shall be performed by the
Electrical Inspector.
(2)
Issue permits. The Inspector shall issue all permits required by
this chapter.
(3)
Recordkeeping. The Inspector shall keep a record of all applications
for permits under this chapter. Each permit issued by the Inspector
shall be regularly numbered in the order of its issue. The Inspector
shall also keep a record of all inspections, notices and orders issued
and all correspondence, statistics and fees collected pursuant to
this chapter, showing the date of receipt of each such fee.
(4)
Periodic inspection. The Inspector may periodically inspect public
buildings and premises, including theaters, places of amusement and
places of assemblage. He shall make a thorough examination of the
electrical wires and appliances installed therein and shall require
the owner or person in charge of such places to make safe any unsafe
or dangerous conditions.
[Amended 12-7-2021 by Ord. No. 2021-004]
The Inspector and all authorized agents shall have the power,
for any proper purpose, to enter upon any public or private premises
at all reasonable times and make inspection thereof and to require
the production of the permit for any electrical work being done subject
to this chapter.
[Amended 12-7-2021 by Ord. No. 2021-004]
The Inspector and all authorized agents shall each have the
powers of a police officer for the purposes of enforcing this Electrical
Code.
The Inspector may turn off and/or disconnect all electrical
currents to any system which is found to be in unsafe condition and,
in cases of emergency where electrical currents are dangerous to life
or property or to the work of the fire department, to cut off or disconnect
the electrical current. No system thus disconnected shall be reconnected
without a permit issued by the Inspector.
(1)
Electrical license required. No person shall work as a master, journeyman,
beginning, or apprentice electrician or as an electrical contractor
in the Town without first having obtained a license or registration
from the Wisconsin Department of Safety and Professional Services.
Proof of licensure or registration is required to obtain a permit
from the Town of Brookfield.
(1)
Required. No electrical equipment or installation shall be installed,
altered, renewed, replaced or connected without first obtaining an
electrical permit and paying a fee in an amount as listed in the Schedule
of Fees and Forfeitures.
[Amended 12-7-2021 by Ord. No. 2021-004]
(2)
Issuance. Permits shall be issued by the Electrical Inspector upon
the filing of a proper application describing the nature of the work
as well as such other information as may be required for inspection.
Permits are valid for a period of 12 months, at which time they will
expire and new permits shall be obtained. An extension may be granted
by the Electrical Inspector.
(3)
Inspections. All electrical work requiring a permit shall require
periodic inspections, as required by the Electrical Inspector.
(4)
Permits not required when. No permit shall be required for the following:
(a)
The repair and maintenance of portable or stationary electrical
appliances and equipment previously installed in compliance with state
and municipal codes.
(b)
Minor repair work, such as repairing drop cords, flush and snap
switches. replacing fuses or changing lamp sockets.
(c)
In single-family residences only, the extension or alteration
of an existing circuit. All circuits, together with extensions, shall
not exceed 500 watts nor shall the circuit exceed two outlets.
(d)
Electrical installations of communication systems, security
systems and signaling systems not exceeding 49 volts electromotive
force. Licensees shall keep a complete separate record of all work
for which a permit is not required, which record shall be open for
inspection at all times.
(5)
Emergency work. Emergency work may be commenced without a permit,
provided the licensee reports the same to the Electrical Inspector
within 24 hours after commencing such work and thereafter obtains
the required permit and pays the proper fee.
(6)
Special permit. Special permits may be issued by the Electrical Inspector
for limited periods of time not to exceed six months for the installation
and use of temporary electric wiring and equipment which does not
conform with the regulations of this chapter. Such permits may be
authorized for buildings where conduit wiring is required for open
work and exposed wiring, lights, power for building operations, display
and decorative lighting, carnivals, circuses, theatrical acts, exhibitions
and all places of temporary outdoor assembly. The person installing
such wiring or equipment shall be directly responsible and accountable
for the safe condition of the installation at all times and its complete
removal at the end of the temporary period, as fixed by the Inspector,
or as soon as reasonably possible when ordered by the Inspector. Such
temporary work shall be installed, maintained and operated in a safe
and workmanlike manner. All such electric wiring and equipment shall
be isolated from the public by proper elevation and guarding, and
all electric fuses and switches shall be installed in approved enclosures.
Cable laid on the ground in areas traversed by the public shall be
buried in trenches or protected by approved covers.
(7)
Permit fees. Before receiving a permit under this chapter, the applicant
shall pay to the city a fee therefor in an amount as listed in the
Schedule of Fees and Forfeitures. The Inspector may charge a fee not
to exceed $50 for each reinspection. In the event any construction,
use or other activity requiring a permit is commenced before obtaining
such permit, the fee charged for such permit shall be doubled. The
Inspector may refuse to issue any permit under this chapter to any
person the Inspector determines has continually or willfully violated
any of the provisions of this chapter or any other applicable legal
requirements.
[Amended 12-7-2021 by Ord. No. 2021-004]
(8)
Revocation of permits.
(a)
The Inspector may revoke any permit issued under this chapter
and may stop construction or use of approved new materials, equipment
or methods of construction, devices or appliances in the event any
of the following occurs:
(b)
Such revocation shall be affected by written notice of same
delivered to the applicant for the permit, the owner of the subject
premises or an agent or the person having charge of the construction
or activity which is the subject of such permit. A revocation placard
shall be posted on the building or structure, equipment, or appliance,
as the case may be. After the notice is delivered, it is unlawful
for any person to thereafter proceed with any construction or activity
which is the subject of the permit and the revoked permit shall be
null and void. Before any such construction or activity may resume,
a new permit shall be obtained in accordance with the provisions of
this chapter.
[Amended 12-7-2021 by Ord. No. 2021-004]
No person shall keep or offer for sale or sell, for use within
the Town, any apparatus, equipment or fixture designed or intended
to be used for the production, transmission or utilization of electrical
current or power if the apparatus, equipment or fixtures, when installed
for use, would be in violation of any of the provisions of this code
or would be unsafe or dangerous.
[Amended 12-7-2021 by Ord. No. 2021-004]
Unless in conflict with state or federal law or the provisions
of this Code, all telephone and electric cable, including feeder cables
and individual service connections, hereafter installed in the Town
shall be buried underground and in accordance with the specifications
of the State Electrical Code. If the applicant demonstrates by clear
and convincing evidence that burying the cable underground will cause
additional expense to install and maintain an underground equipment
enclosure and effectively prohibit the provision of utility services,
the Electrical Inspector may waive this requirement.
The Electrical Inspector shall be primarily responsible for
enforcing the provisions of this chapter and all other applicable
legal requirements relating to matters subject to this chapter.
[Amended 12-7-2021 by Ord. No. 2021-004]
Any person who, in the judgment of the Inspector, uses, occupies or maintains any building, structure or equipment in violation of any provisions of this chapter or the other subject chapters or who the Inspector otherwise determines has violated any of the provisions of this chapter or any other applicable legal requirements shall, upon conviction, be subject to the penalties provided in § 25.04 of this Code. The offender shall abate any violation which the Inspector determines to have occurred as expeditiously as possible and each day that such asserted violation is permitted to continue shall constitute a separate offense. If, as to any such action, a permit was issued for the construction or other activity which is the subject of such action, neither of the following shall constitute a defense to any such action:
(1)
Right of entry. The Inspector or an authorized representative, upon
presentation of proper credentials, may enter, at any reasonable time,
any building, structure or premises to enforce this chapter or any
other applicable legal requirements.
[Amended 12-7-2021 by Ord. No. 2021-004]
(2)
Special inspection warrant. If any owner, occupant or other person
in charge of a structure subject to this chapter or the other subject
chapters refuses, impedes, inhibits, interferes with, restricts or
obstructs entry and free access to any part of the structure or premises
where inspection is authorized by this chapter or the other subject
chapters is being sought, the Inspector may apply for and obtain a
special warrant pursuant to § 66.0119, Wisconsin Statutes.
[Amended 12-7-2021 by Ord. No. 2021-004]
(3)
Access by owner or operator. Every occupant of a dwelling, dwelling
unit, rooming unit or hotel unit shall give the owner or operator
thereof or an agent or employee access to any part of such structure
or its premises at all reasonable times for the purpose of making
such inspection, maintenance, repairs or alterations as are necessary
to comply with this chapter or any other applicable legal requirements.
(1)
Content. All notices and orders from the department with respect
to any matter under this chapter shall be in writing and:
(a)
Shall include a description of the property sufficient for identification;
(b)
Shall include a statement of the reason for the action;
(c)
Shall specify a reasonable time for correction of violations:
(d)
If the Inspector desires, shall contain an outline of remedial
actions which, if taken, will affect compliance with the provision
giving rise to the violation:
(e)
Shall advise the owner, operator, or occupant of the right of
appeal.
(2)
Service. Notices and orders shall be served on the owner, the operator
or the occupant or agent, provided that the notice shall be deemed
properly served upon the owner, agent, operator or occupant if served
either by delivering a copy to the person or the registered agent
personally or, if not found, by leaving a copy at his usual place
of abode in the presence of some competent member of the family at
least 14 years of age who shall be informed of the contents thereof
or by mailing a copy to the person's last-known address. If the owner
has not filed with the Inspector a current address or the name and
address of the person empowered to receive service of process, it
shall be deemed sufficient notice to the owner that violations have
been found if copies of the notice and order are mailed to the last-known
address of the owner as recorded with the register of deeds for Waukesha
County. When service has been completed as prescribed in this subsection,
the notice shall be effective notice to anyone having an interest
in the property, whether recorded or not, at the time of giving the
notice and shall be effective against any subsequent owner of premises
as long as the violation exists and there remains an official copy
of the notice in a public file maintained by the Inspector.
Whenever the Inspector finds that an emergency exists which
requires immediate action to protect the public health, the Inspector
may, without notice or hearing, issue an order reciting the existence
of such an emergency and requiring that such action be taken as necessary
to meet the emergency. Notwithstanding other provisions of this chapter,
such order shall be effective immediately. Any person to whom such
order is directed shall comply therewith, but upon petition to the
Waukesha County Circuit Court, shall be afforded a hearing in accordance
with applicable procedures. After such hearing, depending upon the
findings of the court as to whether the provisions of this chapter
and all other applicable legal requirements have been complied with,
the Waukesha County Circuit Court shall continue the order or modify
it or revoke it.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
Any person who violates any part of this chapter shall be subject to the penalty and enforcement provisions in § 25.04 of this Code. In addition, such person shall be subject to an action in injunction, mandamus, abatement or other appropriate action or proceeding as authorized in § 62.23(8), Wisconsin Statutes.
[Amended at time of adoption of Code (see Ch. 25, General
Provisions, Art. II)]
The enforcement remedies described in this chapter shall be
in addition to all other remedies available to the Town under any
other ordinances of the Town, any applicable state or federal law
or regulations, and any other legal or equitable remedies.
