The proposed revisions include minor changes to chapter Comm 2 related to fees for two products (commercial water vending or dispensing machines, and exterior grease interceptors) to be consistent with chapter Comm 84 product review requirements.
Chapter
Comm 81; Revisions to chapter Comm 81 include definitions relating to stormwater and clearwater plumbing systems.
Chapter
Comm 82; A number of additions and revisions are proposed for chapter Comm 82, relating to the design, construction, installation, supervision and inspection of plumbing.
A summary of the significant rule revisions in chapter Comm 82 is as follows:
1. Tables 82.20-1 and 82.20-2 are being amended to include submittals specific to use of the stormwater and reuse of clearwater, and stormwater plumbing conveyance, detention and infiltration systems.
2. Section Comm 82.36 is being repealed and recreated to reflect new options for the design, installation and maintenance of piping, devices and appurtenances in connection with stormwater and clearwater plumbing systems. Proposed changes in this section are as follows:
•Options are allowed for designers to use tables, equations and computer models to comply with the performance requirements stated in the revisions.
•Options are permitted for calculating the inputs to the plumbing system.
•Requirements for calculating runoff volumes are created.
•Tables Comm 82.36-1 to 82.36-4 have been revised for use with both horizontal and vertical piping and expressed in gallons per minute by pipe material and construction.
•Detention on parking lots is limited to 6 inches in depth, except where prohibited by local ordinance.
•The requirement for insulating stormwater piping is clarified so that only stormwater sewers affected by freezing and clearwater sewers require insulation.
•The addition of language to allow pressurized discharges into stormwater piping under certain circumstances.
•The addition of requirements for grates on stormwater horizontal piping inlets.
•Operation and maintenance requirements are proposed for stormwater systems.
3. Section
Comm 82.365 is created to address stormwater and clearwater infiltration systems. Proposed requirements are as follows.
•Requirements for site and soil evaluation are added as a requirement for stormwater and clearwater infiltration systems.
•Soil treatment volume limits are established by creating a new Table 82.365-1, and hydraulic application rates are assigned by the creation of Table 82.365-2.
•Requirements are provided for groundwater mounding assessments for infiltration components with a width of more than 15 feet and depth to groundwater of more than 15 feet.
•A requirement that dry detention systems must be designed to drain within 24 hours of a storm event.
4. Table Comm 82.70-1, plumbing treatment standards, is amended to prohibit the irrigation of food crops with plumbing system reuse water and to create a performance requirement for cyst and oocyst reduction for possible human contact water such as car washing and toilet and urinal flushing.
Chapter
Comm 84; Section
Comm 84.30 (6) is amended to recognize infiltration components allowed for use in designing stormwater infiltration systems. An additional paragraph recognizes synthetic aggregate for POWTS and stormwater infiltration systems.
The proposed rule revisions were developed with the assistance of the Plumbing Advisory Code Council.
Name Representing
Thomas Boehnen-American Society of Plumbing
Rudy Petrowitsch-American Society of Sanitary Engineers
Jack Ellinger/Alex Newirth/Louie Pody-State AFL-CIO
Gary Kowalke-Plumbing contractors
Mark Krowski-City of Milwaukee, Plumbing Inspection
Jeff Kuhn-Plumbing & Mechanical Contractors of SE WI
Clint McCullough-Madison Contractors Association
Bob Netzler/Art Biesek-League of Wisconsin Municipalities
Joe Zoulek-WI Association of Plumbing, Heating, & Cooling Contractors, Inc.
Dave Viola-Plumbing Manufacturers Institute
Dale Schlieve-WI Society of Professional Designers of
Engineering Systems, Inc.
Gene Shumann-Plumbing designers
Also assisting Commerce with these rule revisions were technical advisors (Jim Davis and Steve Macejkovic, technical college instructors) and members of an ad hoc stormwater workgroup, which included the following individuals: Mazen Amer, City of Milwaukee - Engineering; Tom Cottreau, City of Milwaukee- Plumbing Inspection; Willie Gonwa; Tirad Engineering, Inc.; Dan Jensen; Weiser Concrete; Bob Pups, City of Greenfield - Plumbing Inspection; Mary Anne Lowndes, WDNR; and Jim Wolf, City of Madison - Plumbing Inspection.
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:
Initial Regulatory Flexibility Analysis
Types of small businesses that will be affected by the rules.
Small businesses involved in the disturbance and development of building sites with disturbed areas of one acre or more will be affected by these rules. Small businesses that own such sites will be required to develop and submit a stormwater management plan in accordance with this chapter.
If an applicant chooses to comply with the treatment standards of ch.
NR 151 and to use a stormwater or clearwater plumbing or infiltration system as the solution, the cost of a project may increase depending on the size and scope of the system proposed. There may be on-going maintenance costs to the property owner depending on the stormwater and clearwater plumbing or infiltration system installed.
Reporting, bookkeeping and other procedures required for compliance with the rules.
No new reporting or bookkeeping is required.
Types of professional skills necessary for compliance with the rules.
When utilizing infiltration for the handling of stormwater or clearwater on a building site, a small business may need to retain the services of a certified soil tester, soil scientist or other professional to conduct a site and soil investigation as well as to assist in the design of the stormwater or clearwater infiltration plan.
Environmental Assessment
Relating to: Fees and Uniform State Plumbing Code
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 hearing to be held:
Wednesday, May 19, 2004
9:30 a.m.
TG Thompson Commerce Bldg., Conf. Rm. 3C
Madison, WI
201 W. Washington Ave.
Requests for the EA and comments on the EA should be directed to:
Jean M. MacCubbin
Department of Commerce
Safety & Buildings Division
P.O. Box 2689
Madison, WI 53701-2689
(608) 266-0955
or TTY (608) 264-8777
Written comments will be accepted until: June 4, 2004.
Fiscal Estimate
No State fiscal effect.
If an applicant chooses to comply with the treatment standards of ch.
NR 151 and to use a stormwater or clearwater plumbing or infiltration system as the solution, the cost of a project may increase depending on the size and scope of the system proposed. There may be on-going maintenance costs to the property owner depending on the stormwater and clearwater plumbing or infiltration system installed.
Notice of Hearing
Notice is hereby given that pursuant to the authority granted under s.
601.41(3), Stats., and the procedures set forth in under s.
227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting sections
Ins 17.01(3) and
17.28 (6), Wis. Adm. Code, relating to annual patients compensation fund and mediation fund fees.
Hearing Information
Date: Tuesday, May 18, 2004
Time: 10:00 a.m., or as soon thereafter as the matter may be reached
Place: OCI, 2nd Floor, Room 223, 125 South Webster Street, Madison, WI
Written comments or email comments submitted through the Wisconsin Administrative Rule website at
https://apps3.dhfs.state.wi.us/admrules/public/Home on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received at OCI by the end of business on the date of the hearing. Written comments should be addressed to: Alice M. Shuman-Johnson, OCI, PO Box 7873, Madison WI 53707-7873.
Analysis
The commissioner of insurance, with the approval of the board of governors (board) of the patients compensation fund (fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the fund. This rule establishes those fees for the fiscal year beginning July 1, 2004. These fees represent a 20 % decrease compared with fees paid for the 2003-04 fiscal year. The board approved these fees at its meetings on December 17, 2003 and on February 25, 2004, based on the recommendation of the board's actuarial and underwriting committee and reports of the fund's actuaries.
The board is also required to promulgate by rule the annual fees for the operation of the patients compensation mediation system, based on the recommendation of the director of state courts. This rule implements the funding level recommendation of the board's actuarial and underwriting committee by establishing mediation panel fees for the next fiscal year at $46.00 for physicians and $3.00 per occupied bed for hospitals, representing an increase from 2003-04 fiscal year mediation panel fees.
Comparison of Similar Rules in Adjacent States as Found by OCI
To the fund board's and OCI's knowledge there are no similar rules in the adjacent states to compare this rule to as none of these states have a patients compensation fund created by statute where rates are directed to be established yearly by rule as is true in Wisconsin.
Summary of and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
To the fund board's and OCI's knowledge there is no existing or proposed federal regulation that is intended to address patient compensation fund rates, administration or activities.
Fiscal Estimate
