•The overall quality of the project, including likely cost -effectiveness and impact.
Grant Award and Contract
DATCP must announce grant awards within 60 business days after the grant application deadline, based on DATCP's ranking of grant applications. DATCP must enter into a contract with each grant recipient, specifying the terms and conditions of the grant.
A grant recipient must take responsibility, as the “hazardous waste generator" under state and federal law, for managing hazardous wastes that the grant recipient collects (there are limited exceptions). The grant recipient must contract with a qualified hazardous waste contractor to receive, pack, transport and dispose of the hazardous waste. The hazardous waste contractor must attend training sponsored by DATCP. For a “clean sweep" project that lasts less than 4 days, the grant recipient must contract with the hazardous waste contractor who manages the State of Wisconsin's hazardous wastes.
Grants are contingent on funding appropriations. If appropriations are not adequate to fund all of the grants awarded, DATCP may cancel grant contracts or reduce grant amounts. Funds allocated but not used for agricultural “clean sweeps" may be reallocated to urban “clean sweeps" and vice versa.
Reports and Payments
A grant recipient must provide DATCP with a final report within 60 days after completing a funded “clean sweep" project. DATCP will not make any grant payment until it receives the final report, except that DATCP may make interim payments for a continuous collection event that lasts 4 days or more (the grant recipient must file interim reports). DATCP will make final payment within 60 days after DATCP accepts the grant recipient's final report.
A grant recipient's final report must indicate the number of participants, types and amounts of waste collected, total cost of the project (including supporting documentation), an evaluation of the project and related pubic information program, and an estimate of types and amounts of wastes yet to be collected.
Contract Termination for Cause
DATCP may terminate a grant contract, or withhold contract payments, if the grant recipient violates DATCP rules or the grant contract, fails to perform the “clean sweep" project, obtains the grant contract by fraud, or engages in illegal or grossly negligent practices. The grant recipient may demand a hearing on DATCP's action.
Business Impact
This rule will have a positive impact on farmers, and on businesses that qualify as “very small quantity generators" of waste pesticides. These may include businesses such as lawn care companies, structural and aerial applicators, golf courses, agricultural chemical dealers, hardware stores, discount stores, marinas, parks, cemeteries, and construction companies.
This rule implements the statewide “clean sweep" program which helps these persons dispose of waste chemicals at little or no cost. Businesses that deliver pesticide wastes must pay a portion of the collection and disposal costs. Farmers may deliver up to 200 lbs. of farm chemical waste without charge (local governments may impose a charge for larger amounts). The safe removal of chemical waste from farm and business locations also reduces health and environmental hazards, and related financial liability.
Many of the beneficiaries of this rule are small businesses. This rule will have no adverse effect on large or small businesses.
Fiscal Impact
This rule will have no fiscal impact on DATCP or local units of government. The Legislature has already created a state “clean sweep" grant program and provided funding for that program. This rule will not increase or decrease the amount of available funding. This rule merely spells out standards and procedures for the distribution of state “clean sweep" grants and the operation of “clean sweep" programs by grant recipients. Local government participation in the “clean sweep" program is entirely voluntary. This rule will not affect DATCP costs to administer the “clean sweep" program.
Environmental Assessment
This rule will have no adverse environmental impact. This rule will streamline and clarify the state “clean sweep" program, which has a positive impact on the environment, public health and the economy of the state.
Federal Programs
This rule implements a grant program for local government collection of waste chemicals. State and federal laws regulate hazardous waste management, but there are no federal laws related to “clean sweep" grant programs. This rule is consistent with state and federal laws on hazardous waste management.
Surrounding State Programs
All surrounding states have state-local cooperative programs to collect household hazardous wastes and certain farm chemicals, but programs vary widely from state to state.
•Michigan. The Michigan Department of Environmental Quality funds 15 permanent household waste collection sites. The Michigan Department of Agriculture uses federal grants, when available, to support agricultural pesticide collections at these household sites.
•Illinois. The Illinois Environmental Protection Agency provides grants for household collections. The Illinois Department of Agriculture typically sponsors two multi-county agricultural events each year.
•Iowa. The Iowa Department of Natural Resources provides start-up grants for local permanent collection facilities, and sponsors Toxic Clean Days that provide collection of both agricultural pesticides and household hazardous wastes.
•Minnesota. Minnesota's law recently changed. Under the revised law, Minnesota's Pollution Control Agency provides funding for 64 permanent household hazardous wastes sites. Minnesota's Department of Agriculture can fund agricultural pesticide collections through any of these local sites that seek funding for those collections.
Notice of Hearing
Commerce
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 the design and construction of public swimming pools, and fees; Chs.
Comm 90 and
2.
The public hearing(s) will be held as follows:
Date and Time:
Thursday June 17, 2004
10:30 a.m.
Location:
T.G. Thompson Commerce Center
Conf. Room 3B
201 W. Washington Ave.
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 July 2, 2004, 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.
Jean M. MacCubbin, Department of Commerce
Safety & Buildings 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.
Analysis Prepared by the Department of Commerce
The Division of Safety and Buildings within the Department of Commerce is responsible for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the construction, repair and maintenance of public buildings and places of employment. Chapter
Comm 90, Design and Construction of Public Swimming Pools, consists of minimum requirements that apply to the design and construction of all new public swimming pools, including whirlpools and water attractions, and to the reconstruction or alteration of any existing public swimming pool.
Section
101.19, Stats., provides the department the authority to fix and collect fees, which shall be as close as possible to the cost of providing the service.
Section
145.26, Stats., provides the department the authority for the establishment of administrative rules; defines public swimming pool and water attraction; provides authority for the department to establish fees for plan review and violations of this chapter. The statues also require plan submittal and approval prior to any construction, alteration or reconstruction of a public swimming pool.
The proposed rules are created to revise a portion of chapter Comm 90, Design and Construction of Public Swimming Pools, while considering a draft model standard for water parks, ANSI/NSPI-9, Standard for Aquatic Recreation Facilities. This national standard is not being officially adopted by reference, with permission, but was used as a base code, and subsequently modified for use in Wisconsin. The major proposed revisions to chapter Comm 90 relate to the creation of two subchapters:
Subchapter IV—Water Attractions, which includes water parks and other water attractions such as interactive play features, and Subchapter V—Slides, which is being created and expanded to address these common pool features.
Minor changes to the remainder of chapter Comm 90 were made either for consistency with the newly created subchapters, creating rules for slides and other play features installed in pools or water parks, or to reflect provisions in chapters Comm 81 to 87, the state uniform plumbing code and chapters Comm 61 to 65, the state commercial building code.
In addition, section
Comm 2.68, Fees, is proposed for minor revisions to fees for associated slides, and plan review and inspection fees for water attractions and water attraction complexes.
The following summarizes by section the more significant revisions proposed in this rule revision.
•
Subchapter headings are created to assist in directing users to specific areas of the code. For example, slides are no longer contained within the same section as swimming pools; provisions for water attractions also are now contained in a separate subchapter.
•
Section
Comm 90.03: With the addition of definitions specific to water attractions and play features, this section has been repealed and recreated. New definitions include: interactive play attraction and specific titles for water attractions to be consistent with NSPI-9.
•
Section
Comm 90.04: The plan review and approval provisions are being revised to include the requirements for water attractions and slides. Submittal details have been revised to reflect the numerous items common to public swimming pools as well as pool and water attraction complexes.
•
Section
Comm 90.11: Recirculation and turn over times have been revised to more accurately reflect industry standards and known health-related concerns.
•
Sections
Comm 90.13 and
90.14: Minor revisions to the construction of public swimming pools are included in this revision. These revisions include performance standards for pool circulation systems and the location of hosebibbs provided for pool maintenance.
•
Section
Comm 90.16: The layout and materials for dressing areas, shower rooms and toilet facilities have been revised to reflect the state commercial building code, chapters Comm 61 to 65. Revised sanitary fixture counts are proposed to address sanitation needs, particularly in instances where sanitary facilities are already available and accessible. Fixture counts are based on cumulative area of surface water of all pools and water attractions within a complex.
•
Section
Comm 90.18: For water-conserving measures as well as acknowledging turnover times needed to initially treat water, whirlpools and wading pools may be filled using pool water, providing that water meets standards as specified in section
HFS 172.09 (2).
•
Sections
Comm 90.20,
90.205 and
90.206: A new subchapter is proposed to specifically address water attractions, play features and interactive play attractions. The sections contained in this subchapter are additions and modifications to a draft model standard for water parks, ANSI/NSPI-9, Standard for Aquatic Recreation Facilities. Basic principles of water attraction design are enumerated in this new subchapter; many design parameters allow designers flexibility while providing the necessary health and safety features for the user.
- Permanently installed play features are being addressed in this rule revision. Design and installation specifications are provided in responding to user safety issues such as entrapment, falls and other safety hazards.
- Interactive play features, commonly known as splash pads, are being addressed in this rule revision; these include items which may use water for user play. Provisions include water quality and supply, turnover times and recirculation, access points and fencing.
• Section
Comm 90.30: Subchapter V is proposed regarding the design, manufacture and installation of all slides installed as appurtenances to public swimming pools or water attractions. Installation parameters are detailed in Table 90.30-1 by slide type; slides are now defined by height, amount of water running through the flume and depth of water at entry.
•Sections
Comm 90.40 and
90.405: Subchapter VI, Incorporation of Standards, is created. Two standards are being adopted: ANSI/NSF 50-2001 and ANSI/ASME A112.19.8M-1987 (R1996). Section
Comm 90.405 comprises previous section
Comm 90.21, Enforcement.
• Appendices: Proposed additions to the appendix include updated information regarding submittals and fees as well as representatives of the department who are authorized to conduct construction inspections as provided in this chapter. In addition, a listing of nationally recognized agencies that are deemed accepted to the department is included. Other items have been added for clarification purposes or reprinting of pertinent sections of chapters Comm 81-87, the state uniform plumbing code.
A comparison of the four neighboring states found that all states have regulations for public swimming pools. The depth of the regulation is inconsistent however, as Iowa requires only registration whereas Minnesota, Illinois and Michigan require pool plan approval prior to construction. The emphasis of this proposal is on water attractions (waterslides, splash pads, activity pools, etc.) and Wisconsin's neighboring states have various mechanisms (or lack of mechanisms) for addressing new technology and imaginative designs. Illinois has addressed the water attraction design variability by allowing individual review for any installation that is not specifically addressed in the code. The Illinois code also has specific language for spray pads (interactive play attractions), slides and lazy rivers (leisure rivers). Michigan has rules for waterslide and pool slide construction and installation while Minnesota requires an individual approval where the designer must prove a design's compliance with the intent of the code.
An internet search was conducted to review and compare any federal rules or proposed federal rules for “water attractions", “water parks", “water recreation facilities" and “public swimming pools." No Federal rule or proposed rule was found that addresses public swimming pools, water parks or in-pool water attractions or play devices.
An internet search to review and compare any federal rules or proposed federal rules for “pool slides" resulted in the finding of 16CFR, Part 1207, Consumer Product Safety Commission Standards regarding swimming pool slides (revised January 2004). It is found that 75% of pool slides are installed in residential pools, not within the scope of this rule. No Federal rule or proposed rule was found that addresses the manufacture, construction or installation of water slides as they exist in today's water parks.
The proposed rule revisions were developed with the assistance of the Commerce Pool Advisory Code Council. This council consists of the following individuals:
Name - Representing
Dave Baker - Pool Operators
Bill Branson - City of LaCrosse/Plumbing Inspectors
Tracynda Davis/David St. Jules - Wisconsin Department of Health & Family Services
Duane Jackson - Wisconsin Environmental Health Professionals
Roxanne Johnson - Ramaker & Associates / Engineers
Juliene Heftner/Tom Carrico - Wisconsin Park & Recreation Association
Daryl Matzke (past chair) - Ramaker & Associates / Pool Designers
Chuck Neuman/Dean Mueller - World Water Park Association
Bill Rollins - Stubenrausch/Pool Designers
Peter Simon (chair) - Neuman Pools Inc./ Pool Designers
Sean O'Connor - Badger Swim Pools/ Pool Construction Contractors
Doug Voegeli - Madison Dept. of Public Health/Municipal Agents
Jack Waterman - Wisconsin Innkeepers Association
