201 West Washington Ave., Rm. 3B
Madison, WI
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 Friday, January 25, 2002, 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. Written comments should be submitted to:
Jean M. MacCubbin
Code Consultant
Department of Commerce
Div. of Administrative Services
P.O. Box 2689
Madison, WI 53701-2689
Analysis prepared by the Department of Commerce
Statutory authority: ss. 101.02 and 101.025, Stats.
Statutes interpreted: ss. 101.02 and 101.025, Stats.
Under s. 101.025, Stats., the department authority includes requirements for the intake of outside air for ventilation in public buildings or places of employment; the establishment of minimum quantities of outside air that must be supplied based upon the type of occupancy, the number of occupants, areas with toxic or unusual contaminants; and other pertinent criteria determined by the department. The department shall set these standards for mandatory intake of outside air and provisions where these standards may be waived.
The proposed revisions to ch. Comm 64, relating to heating, ventilating and air conditioning and the Wisconsin changes, additions or omission to the International Mechanical Code® (IMC), are primarily related to air-handling systems, particularly ventilation and filtration requirements, located in specific hospital and healthcare occupancies in conformance with specifications contained in the Guidelines for Design and Construction of Hospitals and Health Care Facilities published by the American Institute of Architects (AIA).
Section Comm 64.0309 is proposed to clarify that minimum temperatures are required to be maintained during occupancy. Section Comm 64.0401 recognizes that engineered systems are also an option when addressing the location of outdoor air intakes. One change to Table 64.0403 prohibits the use of natural ventilation for make up air in health care facilities. Section Comm 64.0604 is proposed to provide requirements in addition to IMC section 604 and 604.8 limiting the use of certain duct linings so as to mitigate fungal and microbial growth. Section Comm 64.0605 (1) clarifies the specific sections in the AIA Guidelines where filtration is stipulated. Section Comm 64.0900 is proposed to be created to clarify the use of final filters in duct humidifiers.
The proposed rule revisions were developed with the assistance of the HVAC Advisory Code Council. The Council consists of the following individuals: Timothy J. Gasperetti, representing the Building Owners and Managers Association of Milwaukee; Kevin Lichtfuss, representing the Wisconsin Association of Consulting Engineers; Michael Mamayek, representing the Plumbing and Mechanical Contractors of SE Wisconsin; Ken Pavlik, representing the Wisconsin Builders Association; Richard J. Pearson, representing the Wisconsin Chapter ASHRAE; Robert Pertzborn, representing the Wisconsin Association of Plumbing, Heating and Cooling Contractors, Inc.; David Stockland, representing the Associated Builders and Contractors of Wisconsin Ltd; Harry A. Sulzer, representing the League of Wisconsin Municipalities; and Robert D. Wiedenhoefer, representing the Sheet Metal and Air Conditioning Contractors Association of Wisconsin, Inc.
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 (608) 264-8777 (TTY) 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.
Environmental Assessment
Notice is hereby given that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:
Jean M. MacCubbin
Code Consultant
Department of Commerce
Div. of Administrative Services
P.O. Box 2689
Madison, Wisconsin 53701
Telephone (608) 266-0955 or TTY (608) 264-8777
Written comments will be accepted until Friday, January 25, 2002.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
All healthcare facilities currently are required to comply with the Guidelines for Design and Construction of Hospitals and Health Care Facilities published by the American Institute of Architects (AIA) for heating, ventilating and air conditioning as adopted in clearinghouse rule 00-179. This rule revision adds some additional minor requirements.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
None known.
3. Types of professional skills necessary for compliance with the rules.
The rule revisions are specific to air-handling systems, particularly ventilation and filtration requirements, located in specific hospital and healthcare occupancies in conformance with specifications contained in the Guidelines for Design and Construction of Hospitals and Health Care Facilities published by the American Institute of Architects (AIA).
There are no known additional professional skills, above and beyond those now required in ch. Comm 64, required with these revisions.
Fiscal Estimate
The department currently administers a code on this topic. There are no new administrative activities required to implement this rule revision. There are no additional costs or revenues associated with implementing this rule revision.
Copies of Rule and Contact Person
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage
.
Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Notice of Hearing
Commerce
(Financial Resources for Businesses and Communities, Chs. Comm 105-128)
[CR 01-136]
NOTICE IS HEREBY GIVEN that pursuant to ss. 227.14 (4m) and 227.17, Stats., the Department of Commerce will hold public hearings on proposed rules relating to Community Development Block Grant Program.
The public hearing will be held as follows:
Date and Time:   Location:
Wednesday, January 16, 2002   T.G. Thompson Commerce Center (WHEDA Bldg.)
9:00 a.m.     3rd Floor, Conf. Rm. 3B
    201 West Washington Ave.
    Madison, WI
Analysis prepared by the Department of Commerce
Statutory authority:   ss. 16.358, 560.04 and 560.045
Statutes interpreted:   s. 560.045, Stats.
Under s. 560.045, Stats., the Department of Commerce has the responsibility of accepting and evaluating applications, and awarding grants. One mechanism of the Department in fulfilling this responsibility has been the promulgation of rules for the state community development block grant program, ch. Comm 108.
This rule revision relates to changes in definitions which occurred in the 1999 Wis. Act 9; additional program funds now available from U.S. Housing and Urban Development (HUD); revising the application schedule on a continuing basis; and updating the process of scoring applications.
Currently public facility grants to eligible communities are awarded annually. Under this proposal, grants can be awarded throughout the year making it easier for communities to prepare and submit their proposals.
A number of definitions have been updated to reflect changes in Statutory citations, to include the complete definition as a Note for the user, and to clarify terms that may have been used inter-changeably in the previous edition of the code.
The rule revisions reflect the expansion of funding programs for public facilities planning to issue grants to eligible local governments for public facilities planning up to $12,500 per plan.
Some sections relating to the scoring of applications are being amended to reflect the intent of both the issue as well as staff experience with ranking applications.
Other minor revisions throughout the chapter relate to code clarification, Statutory notes, and rule format.
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 January 25, 2002, 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.
Written comments should be submitted to:
Jean M. MacCubbin, Department of Commerce
Administrative Services Division
P.O. Box 2689
Madison, WI 53701-2689
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) 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.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.
Paper copies may be obtained without cost from Jean M. MacCubbin, Department of Commerce, Administrative Services Division, P.O. Box 2689, Madison, WI 53701-2689, Email: jmaccubbin@commerce.state.wi.us, telephone (608) 266-0955 or (608) 264-8777 (TTY). Copies will also be available at the public hearings and on the Commerce webpage at:
http://www.commerce.state.wi.us/COM/Com-Community.html.
Environmental Assessment
The proposed administrative code revision is categorized in ch. Comm 1, WEPA, Table 1.11-2 and determined to be a Type II action.
The proposed action is administrative in nature and has no potential direct effects on the quality of the human environment. Its direct effects on the human environment are positive in that it will provide more efficient environmental analysis and review of department actions in compliance with WEPA and NEPA policies and guidelines. The Department considers this action to have no potential for significant adverse impact.
The Department acknowledges that some projects funded in part by CDGB may require compliance with local, state or federal environmental review conducted by the applicant, which may be a unit of government, organization, business or individual. The Department acknowledges that it is not the sole decision maker in a project funded in part by CDGB.
The Department also acknowledges that some projects funded in part by CDBG may involve new development or rehabilitation and an application for rezoning and/or a conditional use permit at the local level. As specified in ch. Comm 1, these actions may be determined to be Type III actions. All CDBG approvals by the department contain conditions that each project shall, when necessary, comply with all applicable local, state and federal requirements.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rule revisions are subject to eligible local governmental units only.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The reporting, bookkeeping and other procedures required for applicants or eligible local governmental units are expected to be more user-friendly, in that applications may be made throughout the year and that specific grant award requirements, scoring and award amounts are more clearly communicated in the rule and application materials.
The ability for an eligible local governmental unit to apply for CDGB funding throughout the year should serve as a valuable benefit for local government planning.
3. Types of professional skills necessary for compliance with the rules.
The rule revisions includes the ability to apply for various planning grants; no additional professional skills are expected to be required by applicants or eligible local governmental units.
Fiscal Estimate
The proposed rule revisions are specific to the processes and procedures in administration the federal funds, U.S. Housing and Urban Development (HUD). Eligible local units of government may be recipients of these funds.
Notice of Hearings
Public Instruction
[CR 01-130]
NOTICE IS HEREBY GIVEN That pursuant to ss. 118.045 (3) and 227.11 (2) (a), Stats., and interpreting s. 118.045, Stats., the Department of Public Instruction will hold public hearings as follows to consider the creation of ch. PI 27, relating to the commencement of a school term.
The hearings will be held as follows:
Date and Time   Location
December 13, 2001   Tomahawk
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