Rule-making notices
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.14 (4) (b) and
101.02 (15) (j), Stats., the Department of Commerce will hold a public hearing on proposed rules under chapter Comm 62, relating to automatic fire suppression systems for student housing facilities serving colleges and universities.
The public hearing will be held as follows:
Date and Time: Monday, May 15, 2006 at 10:00 a.m.
Location: 201 W. Washington Ave, Conference Room 3C, Madison
Interested persons are invited to appear at the hearing 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 May 25, 2006, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Jim Quast at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
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 a request from a person with a disability.
Analysis Prepared by the Department of Commerce
4. Explanation of Agency Authority: Under the authority of ss.
101.02 (1) and
(15), Stats., the Department of Commerce has the responsibility to establish standards for the design and construction of public buildings and places of employment in order to protect public health, safety and welfare. The Department fulfills this responsibility by promulgating the Commercial Building Code, chapters Comm 61-65.
5. Summary of Proposed Rules:
In accordance with sections
101.14 (4) (b) 3., Stats., and the provisions under
2005 Wisconsin Act 78, the department has the responsibility to promulgate rules requiring the installation of automatic fire sprinkler systems in various student housing facilities serving colleges and universities.
The proposed rules consist of revising rules under the commercial building code, chapters Comm 61-65, and would be supplemental to the International Building Code which is the basis for the commercial building code. The following listing highlights the major items contained in the revisions.
•
Reiterates the statutory provisions relating to providing automatic fire sprinkler systems in existing student housing facilities greater than 60 feet in height and owned or operated by University of Wisconsin System. [Comm 62.0903 (6) (b) 1. a. and b.]
•
Requires the installation of automatic fire sprinkler systems in existing student housing facilities greater than 60 feet in height and owned or operated by colleges and universities that are not part of the University of Wisconsin System. [Comm 62.0903 (6) (b) 1. c.]
•
Requires the installation of automatic fire sprinkler systems in existing private student residential facilities greater than 60 feet in height by January 1, 2014. [Comm 62.0903 (6) (b) 1. d.]
•
Requires the installation of automatic fire sprinkler systems in existing student sororities, fraternities and similar housing facilities by January 1, 2014. [Comm 62.0903 (6) (b) 1. e.]
•
Requires the installation of automatic fire sprinkler systems for the construction of all new student housing facilities. [Comm 62.0903 (6) (b) 2.]
6. Summary of, and Comparison with, Existing or Proposed Federal Regulations.
There are no existing or proposed federal regulations that address or impact the activities to be regulated by this rule.
7. Comparison with Rules in Adjacent States.
An Internet-based search of adjacent states' rules found the following regulations that include similar requirements relating to commercial buildings and facilities:
The Michigan Department of Labor and Economic Growth administers the Michigan Construction Code, which adopts by reference the 2003 edition of the International Building Code®, IBC, with amendments. The 2003 edition of the IBC requires all new residential occupancies, including dormitories, sororities and fraternities to be protected throughout by automatic fire sprinkler systems.
The Minnesota Department of Labor and Industry, administers the Minnesota State Building Code, which adopts the 2000 editions of the IBC with amendments. The Minnesota Department of Labor and Industry is in the process of adopting the 2003 edition of the IBC which requires all new residential occupancies, including dormitories, sororities and fraternities to be protected throughout by automatic fire sprinkler systems.
Illinois does not administer a statewide building code.
The Iowa Department of Public Safety administers the Iowa Building Code, which adopts the 1994 edition of Uniform Building Code and applies generally to buildings owned by the state of Iowa and to construction projects in local jurisdictions where the Iowa State Building Code is adopted.
8. Summary of Factual Data and Analytical Methodologies.
9. Analysis and Supporting Documents used to Determine Effect on Small Business or in Preparation of Economic Impact Report.
The rules reflect statutory mandates. There were no supporting documents used to determine the effect on small business, and an economic impact report has not been required pursuant to s.
227.137, Stats.
10. Effect on Small Business.
It is unknown whether the student housing under the scope of
2005 Wisconsin Act 78 and the administrative rules would constitute a small business. However, the cost for installing an automatic sprinkler system in new student housing construction varies, depending upon various factors, from $1.50 to $2.50 per square foot of the building floor area. The cost for retrofitting of sprinkler system in existing student housing buildings is typically higher, ranging from $3.00 to $4.00 per square foot.
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.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Environmental Assessment
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 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.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules address student housing facilities, dormitories, sororities, fraternities, serving colleges and universities. The Department does not believe that these facilities constitute small businesses. The proposed rules may have an indirect impact on small businesses that either design or construct such facilities and businesses maintaining and testing automatic fire sprinklers.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The proposed rules do not institute any new administrative procedures in order to comply with the rules. Current rules under the Commercial Building Code, chapters Comm 61 to 65, require the submission and approval of plans for automatic fire sprinkler systems to be installed in commercial residential occupancies.
3. Types of professional skills necessary for compliance with the rules.
The design of automatic fire sprinkler systems necessitates the services of licensed individuals, architects, engineers or designers. The installation of automatic fire sprinkler systems must be accomplished by licensed individuals in accordance with the statutory requirements of ch 145.
4. Rules have a significant economic impact on small businesses.
Yes. Rules submitted to Small Business Regulatory Review Board.
Fiscal Estimate
The rules as dictated by
2005 Wisconsin Act 78 requires the installation automatic fire sprinkler systems in various types of student housing facilities serving institutions of higher education that are not owned or operated by the University of Wisconsin System. Previous legislation, effective in 2000, mandated the installation of automatic fire sprinkler systems throughout housing for the University of Wisconsin System. The rules, reflecting the Act, will require the installation of sprinkler systems in existing facilities within specific timeframes. In addition, the rules require the installation of the sprinkler systems for any new housing facilities the construction of which has begun on or after January 7, 2006.
It is estimated less than 75 existing housing facilities would require the retrofit installation of automatic fire sprinkler systems by the statutorily mandated date of January 1, 2014. Under the Commercial Building Code, chs.
Comm 61-
65, sprinkler system plans must be submitted to and approved by the Department or its agent municipalities before the installation of sprinkler systems may commence for residential properties. Since facilities have 8 years to complete the sprinkler system retrofit and may submit to agent municipalities such as Milwaukee and Madison, it cannot be estimated how much the annual revenues of the Department may increase with respect to plan review. It is anticipated that the administrative costs to administer and enforce the rules can be absorbed into the current staffing levels of the Department.
The fiscal effect to the private sector for installing an automatic sprinkler system in new student housing construction will vary, depending upon various factors, from $1.50 to $2.50 per square foot of the building floor area. The cost for retrofitting of sprinkler system in existing student housing buildings is typically higher, ranging from $3.00 to $4.00 per square foot of floor area.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Notice of Hearing
Commerce
(Financial Resources for Businesses and Communities, Chs. Comm 105—)
NOTICE IS HEREBY GIVEN that pursuant to section
560.125 (5m) of the Statutes, the Department of Commerce will hold a public hearing on proposed rules in ch.
Comm 131 relating to diesel truck idling reduction grants.
The public hearing will be held as follows:
Date and Time: Monday, May 15, 2006 at 1:00 p.m.
Location: Thompson Commerce Center, Third Floor, Room 3B, 201 West Washington Avenue, Madison, Wisconsin
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until May 19, 2006, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. E-mail comments should be sent to
srockweiler@commerce.state.wi.us. If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.
