Statutory authority: ss. 101.02 (1), 101.63 (1), 101.73 (1), 101.82 (1) and 145.02 (3)
Statute interpreted: s. 145.02 (2)
Under s. 145.02, Stats., the Department of Commerce has the responsibility of the proper siting, design, installation, inspection, and maintenance of private sewage systems.
This rule revision relates to action of JCRAR on December 8, 1998 suspending the first two sentences of s. Comm 83.03 (2) regarding current mandate for a property to abandon a private sewage system once public sewer service is available.
This revision would remove the portion of the current rule that requires owners of private sewage systems to discontinue use of such systems and connect to public sewer when public sewer becomes available.
Text of Rule
SECTION 1. Comm 83.03 (2) is amended to read:
Comm 83.03 (2) PUBLIC SEWER CONNECTION SYSTEM ABANDONMENT. When public sewers approved by the department of natural resources become available to the premises served, the use of the private sewage system shall be discontinued within that period of time required by the order, but to exceed one year. The building sewer shall be disconnected from the private sewage systems and be connected to the public sewer. All abandoned treatment tanks and seepage pits shall have the contents pumped and disposed of in accordance with ch. NR 113, Wis. Adm. Code. The top or entire tank shall be removed and the remaining portion of the tank or excavation shall be immediately filled with suitable soil material.
Environmental Analysis and Review
Record of Decision
The Department of Commerce intends to amend s. Comm 83.03 (2), Wis. Adm. Code in response to action taken on December 8, 1998 by the Joint Committee for Review of Administrative Rules. This is an administrative action that would remove the Department's requirement that the use of a private sewage system be discontinued when access to a public sewer becomes available to the property served.
Chapter ILHR 1 categorizes Departmental actions into three types for the purpose of determining needs for environmental analysis and review. Type I actions are major actions that may significantly affect the quality of the environment and require an environmental impact statement (EIS). Type II actions have some potential to affect the environment and require an environmental assessment (EA) to determine whether or not an EIS is needed. Type III actions do not normally have the potential to cause significant effects and do not require an EA or EIS.
The proposed administrative action is not categorized by Table ILHR 1.06. Section ILHR 1.06 (4) establishes that an action not categorized by Table ILHR 1.06 shall be evaluated for determination of the type of action .The Department has evaluated this action and determines that this action is a Type III action and that there is no need for further environmental assessment. This document constitutes the record of decision and findings of the Department's consideration of the potential environmental consequences of the proposed action.
The proposed action is of an administrative nature and would not affect the statutory authority of a local governmental unit, including a sewage district, to require connection to a public sewer. Thus, the Department considers this action to have no potential for significant adverse impact on the human environment.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules:
None known.
2. Reporting, bookkeeping and other procedures required for compliance with the rules:
None required.
3. Types of professional skills necessary for compliance with the rules:
None required.
Fiscal Estimate
The Department further believes that, pursuant to s. 281.34, Wis. Stats., municipalities and sanitary districts are in the best position to determine the availability of, and require connection to, public sewers.
There are no changes to Department workload or revenue with regard to this proposed rule revision.
Notice of Hearing
Commerce
(Credentials, Ch. Comm 5)
(Plumbing, Chs. Comm 82-87)
Notice is hereby given that pursuant to ss. 101.02 (1), 145.17 (2) and 145.175, Stats., the Department of Commerce announces that it will hold a public hearing on proposed rules relating to credentials and fire sprinkler systems.
Hearing Information
June 23, 1999 Conference Room 3B
Wednesday WHEDA Bldg.
1:00 p.m. 201 W. Washington Ave.
Madison
Analysis of Proposed Rules
Statutory authority: ss. 101.02 (1), (20) & (21), 145.02 (2),
145.17 (2) & 145.175
Statutes interpreted: ss. 101.02 (1), (20) & (21), 145.02 (2),
145.17 (2) & 145.175
Chapter Comm 5 of the Wisconsin Administrative Code contains the Department's rules for the issuance of numerous credentials that businesses and individuals are either mandated or permitted to obtain. These credentials are licenses, certifications and registrations that relate to activities associated with the construction and inspection of buildings and structures or specific components and elements that serve buildings and structures.
The proposed rules consist of revisions in chapter Comm 5 relating to the credentials associated with the installation of automatic fire sprinkler systems and to the issuance, renewal and revocation of credentials when the applicant or licensee does not comply with new Statutory requirements. The proposed rules also consist of revisions in chapters Comm 82 and 84 relating to the installation of combined plumbing/fire sprinkler systems in one- and 2-family homes.
Under the current rules, any individual may apply for and take the license examination for an automatic fire sprinkler contractor. However, an individual who wishes to take the license examination for a journeyman automatic fire sprinkler fitter must first have completed a sprinkler system apprenticeship. The proposed rules contain specific training and experience qualifications for individuals applying for the automatic fire sprinkler contractor license examination. [Comm 5.51 (2m)]
The current rules also allow the renewal of credentials associated with automatic fire sprinkler systems without the need for obtaining any continuing education. The proposed rules require a specific number of hours of continuing education to be obtained by individuals wishing to renew an automatic fire sprinkler contractor license, a journeyman automatic fire sprinkler fitter license, and an automatic fire sprinkler contractor-maintenance registration. [Comm 5.51 (6)(c), Comm 5.52 (6)(c) and Comm 5.54 (5)(c)]
In accordance with new Statutory requirements, the proposed rules contain new requirements for the issuance, renewal, denial, suspension and revocation of licenses, certifications and registrations when the applicant or licensee does not provide required information, is delinquent in required payments, or fails to comply with a subpoena or warrant. The applicant or licensee must provide their social security number or federal employer identification number. The applicant or licensee must not be delinquent in tax payments or child support payments. And the applicant or licensee must not have failed to comply with a subpoena or warrant issued by the Department of Workforce Development or a county child support agency relating to paternity or child support proceedings. [Comm 5.01 (3) and Comm 5.10 (1)(a) 9. to 11.]
The proposed rules address the installation of combined plumbing/fire sprinkler systems in one- and 2-family homes by defining the systems to be part of the water supply system and by specifying the standards that must be met if one of the systems is voluntarily installed in a home. The proposed rules do not mandate the installation of the combined plumbing/sprinkler systems in homes. [Comm 82.11 and Comm 82.40]
The proposed rules also contain revisions to replace the word “credential" with “license, certification or registration" or with the specific word “license", “certification" or “registration" as applicable.
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until July 9, 1999, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or TTY at (608) 264-8777 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Copies of Rules
A copy of the proposed rules may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701-2689, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules will affect any businesses that obtain licenses, certifications or registrations from the Division of Safety and Buildings.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
When applying for issuance or renewal of a license, certification or registration, the applicant or licensee must provide their social security number or federal employer identification number.
3. Types of professional skills necessary for compliance with the rules.
There are no types of professional skills necessary for compliance with the proposed rules.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter ILHR 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
Assumptions Used in Arriving at Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing chapters Comm 5, 82 and 84. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing those chapters. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.
Notice of Hearing
Commerce
(Financial Resources for
Businesses and Communities,
Chs. Comm 105-128)
Notice is hereby given that pursuant to ss. 560.31 Stats., the Department of Commerce announces that it will hold public hearings on proposed rules relating to ch. Comm 111 Certified Capital Companies.
Hearing Information
June 17, 1999 Conference Room 3B
Thursday Third Floor, WHEDA Bldg.
9:00 a.m. 201 W. Washington Ave.
Madison
Analysis of Rules
Statutory Authority: ss 560.30 through 560.38
Statutes Interpreted: ss 560.30 through 560.38
Pursuant to ss. 560.30 through 560.38, Stats., the Department of Commerce (Commerce) is responsible for certifying capital companies. The certified capital companies are eligible for receiving premium tax credits from insurance companies to use to provide capital to new and growing certain small businesses in this state. Under the law, a person must apply to Commerce and submit a nonrefundable fee to become a certified capital company. These rules delineate the process that applicants must use as well as the process Commerce will use to evaluate and certify a capital company. The law limits a certified capital company from providing capital to certain businesses and to qualified investments. A certified capital company may request Commerce to determine whether an investment is a qualified investment and these rules specify the requirements to follow in making such requests. A certified capital company is also required to report specific information to Commerce on the investment capital, on violations of agreements by a qualified business receiving investment capital, and submit fiscal year financial statements to Commerce for audit. The law requires Commerce to conduct annual compliance reviews of certified capital companies and allows for decertification by the department, as well as voluntary decertification by the certified capital company.
Contact Person
Troy Brown, Director, 608-266-7099
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until June 27, 1999, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or TTY at (608) 264-8777 at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Written Comments
A copy of the proposed rules may be obtained without cost from Richard Meyer, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701, telephone (608) 266-3080 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Certified Capital Companies (CAPCOs) could be small businesses. Also, small businesses, other than businesses that predominantly provide professional services such as accountants, lawyers, physicians or real estate development businesses, could be created or helped by investments from a CAPCO, subject to conditions.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
