Scope Statements
Architects, Professional Engineers, Designers,
and Land Surveyors
Subject
The rules affect ch.
A-E 2, relating to the use of certificates when submitting plans, specifications and calculations for public documents.
Objective of the Rule
Section
A-E 2.02 (8) (b) provides that if the registered architect or professional engineer who is submitting the plans, specifications and calculations is not the registered architect or professional engineer who originally prepared those documents, then the certificate shall specify why they are not submitting the documents for approval. The board would like to provide further clarification as to the circumstances in which an individual other than the registered architect or professional engineer who prepared the plans, specifications and calculations for public documents can submit those documents for approval.
Policy Analysis
Existing rules, s.
A-E 2.02 (8) (b), provide that if the registered architect or professional engineer who is submitting the plans, specifications and calculations is not the registered architect or professional engineer who originally prepared those documents then the certificate shall specify why they are not submitting the documents for approval.
Statutory Authority
Entities Affected by the Rule
Architect and Professional Engineer licensees.
Comparison with Federal Regulations
This is not an area which is regulated by federal law or is subject to any proposed federal legislation. The standards for state licensure are regulated by each state.
Estimate of Time Needed to Develop the Rule
150 hours.
Architects, Professional Engineers, Designers,
and Land Surveyors
Subject
The rules affect ch.
A-E 8, creating discipline for licensees who do not respond to information requests from the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors, the Sections of the Examining Board, or the Department of Regulation and Licensing.
Objective of the Rule
The objective is to allow the Sections of the Examining Board the authority to impose discipline for failure of a licensee to respond to the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors, the Sections of the Examining Board, or the Department of Regulation and Licensing so as to encourage the submission of requested information.
Policy Analysis
Existing rules relating to the professional conduct of architect, landscape architect, professional engineer, designer and land surveyor licensees can be found in Chapter
A-E 8. The ability to impose discipline for failure to cooperate does not currently exist.
Statutory Authority
Entities Affected by the Rule
Architect, Landscape Architect, Professional Engineer, Designer and Land Surveyor licensees.
Comparison with Federal Regulations
There is no existing or proposed federal regulation that is intended to address the activities to be regulated by the rule.
Estimate of Time Needed to Develop the Rule
100 hours
Commerce
Subject
The rules affect ch.
Comm 4, relating to grants for construction career academies.
Objective of the Rule
The objective is to create rules by which the Department would administer the award of grants for the operation of construction career academies as mandated by
2007 Wisconsin Act 20.
Policy Analysis
The administration of a grant program for construction career academies is a new initiative, mandated by the law, to be administered by the Safety and Buildings Division.
The alternative of not developing the rule would be contrary to statutory direction.
Statutory Authority
Entities Affected by the Rule
The rule will affect any entity, private or public that funds or proposes to fund a construction career academy.
Comparison with Federal Regulations
An internet search on federal grants for construction career academies in the U.S. federal regulations and U.S. federal register yielded no results.
Estimate of Time Needed to Develop the Rule
The department estimates approximately 100 hours will be needed to develop the rules. This time includes drafting the rules and processing the rules through public hearing, legislative review, and adoption. The department will assign existing staff to develop the rules, and no other resources will be needed.
Commerce
Subject
The rules affect chs.
Comm 2 and
5, relating to fees.
Objective of the Rule
The objective of the rule is to update the provisions of the Department's administrative rules relating to the fees charged by the Safety and Buildings Division. The update is intended to provide a sufficient revenue stream to cover the operational costs of the division for four years.
Policy Analysis
Section
101.19, Stats., requires the Department to fix and collect fees by rule which shall, as closely a possible, equal the cost of providing services such as plan examination, inspections, and permits to operate. The fees for these services provided by the Safety and Buildings Division are contained in chapter Comm 2. The fees involved in the issuance of licenses, certifications and registrations are contained in chapter Comm 5. The current fees were last revised in 2000. The alternative of not updating the fees would result in revenues that would not be sufficient to support continuation of existing division operations.
Statutory Authority
Entities Affected by the Rule
The rule will potentially affect a wide variety of individuals and entities that utilize the Safety and Building Division's services. The Division is involved in the oversight of commercial buildings, new one- and 2- family dwellings, blasting, amusement rides, fireworks manufacturers, boilers, electric wiring, plumbing, public swimming pools, private onsite wastewater treatment systems, passenger ropeways, elevators, escalators, mines, pits and quarries. The people affected by the rule would include building owners, designers and contractors and owners of the various mechanical devices. Under chapter Comm 5 the division issues licenses, certifications and registrations to approximately 65 different types of trade practices typically related to building construction. For example, the Division issues credentials to blasters, electricians and inspectors. The rules would not affect credential fees established by the statutes, such as license fees for plumbers and automatic fire sprinkler system installers.
Comparison with Federal Regulations
An Internet-based search in the Code of Federal Regulations and the Federal Register did not identify any existing or proposed federal regulations that address these topics.
Estimate of Time Needed to Develop the Rule
The department estimates approximately 300 hours will be needed to perform the review and develop any needed rule changes. This time includes drafting the rule changes and processing the changes through public hearings, legislative review, and adoption. The department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Insurance
Subject
The rules affect ch.
Ins 17, relating to fund fees and mediation panel fees for fiscal year 2009 and affecting small business.
Objective of the Rule
To establish the annual fees which participating health care providers must pay to the Injured Patients and Families Compensation Fund as required by s.
655.247 (3) Wis. Stats., for the fiscal year beginning July 1, 2008. The proposed rule will also establish the mediation panel fees for fiscal year 2009 commencing July 1, 2008.
Policy Analysis
Existing policies are set forth in the statutes cited in the next section and in the rules themselves.
Statutory Authority
Entities Affected by the Rule
All health care provider participants in the fund as set forth in s.
655.002 (1), Stats.
Comparison with Federal Regulations
There is no existing or proposed federal regulation addressing any medical malpractice fund like the Wisconsin Injured Patients and Families Compensation Fund.
Estimate of Time Needed to Develop the Rule
100 hours estimated state employee time to promulgate this rule; other resources will include the review and recommendation of the board's actuarial committee based on the analysis and recommendations of the fund's actuaries and the director of state courts.
Natural Resources
Subject
The rules affect chs.
NR 660 to
679, relating to hazardous waste, universal waste, and used oil rules.
Objective of the Rule
The purpose of the revisions to the NR 600 series rules is to update and make corrections to current rules that regulate the generation, transportation, recycling, treatment, storage and disposal of hazardous waste, universal waste and used oil. The proposed rules will include provisions based on federal hazardous waste regulations that were put into effect since 2002. The Department is required to adopt rules that are at least equivalent to US Environmental Protection Agency's RCRA regulations in order to maintain authorization to administer the federal hazardous waste program in Wisconsin.
Policy Analysis
The proposed rule revisions continue our existing policy of protecting public health and welfare from mismanagement of hazardous waste and used oil constituents. The proposed revisions will update our current rules to add federal requirements already in effect and make corrections to the state's hazardous waste management rules, to allow the state to retain authorization from EPA
Statutory Authority
Sections
227.11 (2) (a),
227.14 (1m),
287.03 (1) (a),
289.05,
289.06,
289.21,
289.24,
289.30,
289.31,
289.33,
289.41,
289.43,
289.61,
289.63,
291.05,
291.07,
291.25,
299.05 and
299.53, Stats.
Comparison with Federal Regulations
The rule revisions incorporate new regulations adopted by EPA since 2002, and correct errors in the current rules. The new rules will include minor revisions to the Land Disposal Restrictions; technical revisions to the Hazardous Air Pollutant rules for combustors; an amendment to the used oil recycling rule; add a new waste to the hazardous waste listings; add a new material to the universal waste rule; revise a laboratory analytical test method; and add a conditional exclusion for cathode ray tubes that are recycled. To the extent possible, the Department intends to adopt the content and format of the federal regulations, to be equivalent.
Estimate of Time Needed to Develop the Rule
Approximately one year will be needed to draft the rule package.
Contact Information
