Explanation of agency authority
Chapters
101 and
145, Stats., grant the department general authority for the purpose of protecting public health, safety and welfare by establishing standards and regulatory oversight programs for the construction and maintenance of buildings, structures and dwellings, public swimming pools and water attractions. These programs are administered by the Safety and Buildings Division. Sections
101.19 and
145.26, Stats., grant the department authority to promulgate rules to fix and collect fees that reflect the cost of administering the public swimming pool and water attraction program.
Summary of proposed rules
The rules adjust the plan review and inspection fees for public swimming pools and water attractions. The rules also create a separate plan review and inspection fee for modifications to existing swimming pools and water attractions that are necessary in order to comply with the federal Virginia Graeme Baker Pool and Spa Safety Act. The federal Virginia Graeme Baker Pool and Spa Safety Act requires most existing public swimming pools and water attractions to undergo physical modifications to reduce the risk of entrapment at suction outlets.
Comparison with federal regulations
An internet-based search of the code of federal regulations and the federal register did not identify any federal requirements relating to public swimming pool and water attraction plan review or inspection fees. The federal Consumer Product Safety Commission's implementation of the Virginia Graeme Baker Pool and Spa Safety Act necessitates the modification of existing pools to address entrapment at suction outlets.
Comparison with rules in adjacent states
An Internet-based search for the states of Illinois, Iowa, Michigan and Minnesota found the following:
Illinois:
The Illinois Department of Public Health provides for the inspection and licensing of all public swimming pools, spas, waterslides, wading pools, and bathing beaches. Effective February 2003, the Department reviews all plans and specifications before construction can begin. The state's permit for the construction, development, major alteration or installation of each swimming facility is $50, and must accompany any application.
Iowa:
The Iowa Department of Public Health Swimming Pool Program regulates the construction and reconstruction of swimming pools and spas. Plan Review fees range from $165 for swimming pools less than 500 square feet to $825 for pools 4000 square feet or greater which may include a water slide. Water slides with a dedicated plunge pool have a plan review fee of $550 with a fee of $165 for each additional water slide. The plan review fees for spas range from $165 for a spa less than 500 square feet to $385 for a spa of 1000 square feet or greater. The reconstruction plan review fee is $250 for each swimming pool, spa, or bathhouse altered in the reconstruction.
Michigan:
The Michigan Department of Environmental Quality Water Bureau regulates public swimming pool construction permits and licensing fees, which range from $596 for a new pool 500 square feet or less to $1,951 for a new pool more than 4000 square feet in area. The permit fee for modification of an existing pool is $298.
Minnesota:
The Minnesota Department of Health regulates swimming pool and spa pool plan review. Plan review and inspection fees are $800 each for swimming pools, wading pools, therapy pools, spray decks and interactive water features; $500 each for spa pools and a request for variance; $400 for slides and alterations not altering shape or size; and $75 for a disinfection system change.
Summary of factual data and analytical methodologies
The changes are necessary in order to bring revenues in line with the cost of providing the services for public swimming pools and water attractions. The department is statutorily directed to establish and collect fees which should, as closely as possible, equal the cost of providing those services.
Implementation of the federal Virginia Graeme Baker Pool and Spa Safety Act necessitates most existing public swimming pools and water attractions to undergo physical modifications to reduce the risk of entrapment at suction outlets. The department estimates that 3,700 existing pools and water attractions will need to undergo some type of modifications. The current plan review fees reflect the estimated average time and costs to provide the service. For types of pool and attraction modifications necessary to comply with the Virginia Graeme Baker Pool and Spa Safety Act, the department believes that the time and cost to provide the service will be below the averages reflected under the fee structure of section
Comm 2.68.
Analysis and supporting documents used to determine effect on small business
The general increases for the plan review and inspection fees for public swimming pools and water attractions are similar to those proposed in 2008 and reviewed by the Pool Council. It is estimated that the plan review and inspection fee adjustments will result in an estimated annual increase in revenues of $25,000.
One fee reduction is occurring in light of the implementation of the federal Virginia Graeme Baker Pool and Spa Safety Act which necessitates most existing public swimming pools and water attractions to undergo physical modifications to reduce the risk of entrapment at suction outlets. The plan review and inspection fees for these types of pool and water attraction modifications are reduced by 50 to 67%. The reduction will save pool and water attraction owners $200 to $650 per plan submittal. The department estimates there are still approximately 1,900 existing public swimming pools and water attractions in Wisconsin needing to submit plans for the necessary federally mandated modifications. The department estimates that 90% of the future plan submittals, 1,710, will fall under the category involving department inspections and 10% of the future plan submittals, 190, will fall under the category where the department does not conduct the inspections. Under this assumption, the department will not realize $703,000 in plan review and inspection revenue from these plan submittals under the rules.
The Department believes that the rules will have a minimal direct impact on small business in that most businesses would utilize the plan review and inspection services on an infrequent basis and are typically a one time occurrence. These types of fees would not be significant to the overall operation of the business in comparison to overall expenses.
An economic impact report has not been required pursuant to s.
227.137, Stats.
Small Business Impact
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
The proposed rules would affect owners or agents who propose to build or alter public swimming pools or water attractions. Example of groups that may be affected by the proposed rules would be municipalities, hotels and motels and water amusement parks.
Reporting, bookkeeping and other procedures required for compliance with the rules.
The proposed rules do not impose any additional reporting, bookkeeping or other procedures for compliance.
Types of professional skills necessary for compliance with the rules.
The proposed rules do not require any type of professional skills for compliance.
Rules have a significant economic impact on small businesses?
No.
Small Business Regulatory Coordinator
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.
Environmental Analysis
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.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The general increases for the plan review and inspection fees for public swimming pools and water attractions are similar to those proposed in 2008. It is estimated that the plan review and inspection fee adjustments will result in an estimated annual increase in revenues of $25,000.
One fee reduction is occurring in light of the implementation of the federal Virginia Graeme Baker Pool and Spa Safety Act which necessitates most existing public swimming pools and water attractions to undergo physical modifications to reduce the risk of entrapment at suction outlets. The plan review and inspection fees for these types of pool and water attraction modifications are reduced by 50 to 67%. The reduction will save pool and water attraction owners $200 to $650 per plan submittal. The department estimates there are still approximately 1,900 existing public swimming pools and water attractions in Wisconsin needing to submit plans for the necessary federally mandated modifications. The department estimates that 90% of the future plan submittals, 1,710, will fall under the category involving department inspections and 10% of the future plan submittals, 190, will fall under the category where the department does not conduct the inspections. Under this assumption, the department will not realize $703,000 in plan review and inspection revenue from these plan submittals under the rules.
The Department believes that the rules will have a minimal direct impact on small business in that most businesses would utilize the plan review and inspection services on an infrequent basis and are typically a one time occurrence. These types of fees would not be significant to the overall operation of the business in comparison to overall expenses.
State fiscal effect
Decrease existing revenues.
Local government fiscal effect
None.
Fund sources affected
PRO.
Long-range fiscal implications
None are anticipated.
Agency Contact Person
James Quast, Program Manager
Phone: (608) 266-9292
Notice of Hearing
Health Services
Community Services, Chs.
DHS 30—
NOTICE IS HEREBY GIVEN that pursuant to ss.
46.973 (2) (c),
51.42 (7) (b),
51.45 (8) and
(9) and
227.11, Stats., and
2005 Wisconsin Act 25, section
9121, the Department of Health Services will hold a public hearing on proposed rules to consider revisions to Chapter
DHS 75, relating to substance abuse counselors, clinical supervisors, and prevention specialists, and affecting small businesses.
Hearing Information
Date and Time
|
Location
|
January 22, 2010
10:00 a.m. to Noon
|
Wilson Street State Office Bldg.
1 W. Wilson St., Rm. 751
Madison, WI
|
Accessibility
English
DHS is an equal opportunity employer and service provider. If you need accommodations because of a disability or need an interpreter or translator, or if you need this material in another language or in an alternate format, you may request assistance to participate by contacting S. Kate Johnson at (608) 267-7707. You must make your request at least 7 days before the activity.
Spanish
DHS es una agencia que ofrece igualdad en las oportunidades de empleo y servicios. Si necesita algún tipo de acomodaciones debido a incapacidad o si necesita un interprete, traductor o esta información en su propio idioma o en un formato alterno, usted puede pedir asistencia para participar en los programas comunicándose con S. Kate Johnson al número (608) 267-7707. Debe someter su petición por lo menos 7 días de antes de la actividad.
Hmong
DHS yog ib tus tswv hauj lwm thiab yog ib qhov chaw pab cuam uas muab vaj huam sib luag rau sawv daws. Yog koj xav tau kev pab vim muaj mob xiam oob qhab los yog xav tau ib tus neeg pab txhais lus los yog txhais ntaub ntawv, los yog koj xav tau cov ntaub ntawv no ua lwm hom lus los yog lwm hom ntawv, koj yuav tau thov kev pab uas yog hu rau S. Kate Johnson ntawm (608) 267-7707. Koj yuav tsum thov qhov kev pab yam tsawg kawg 7 hnub ua ntej qhov hauj lwm ntawd.
Copies of the Rule
A copy of the rules may be obtained from the department at no charge by downloading the documents from
www.adminrules.wisconsin.gov or by contacting:
S. Kate Johnson
Bureau of Prevention, Treatment and Recovery
DMHSAS/DHS
1 West Wilson Street, Room 850
Madison, WI 53704
(608) 267-7707
Submission of Written Comments
Comments may be submitted to S. Kate Johnson, listed above, or to the Wisconsin Administrative Rules Website at
www.adminrules.wisconsin.gov until January 22, 2010, 4:30 p.m.
Analysis Prepared by the Department of Health Services
Statute interpreted
Statutory authority
Explanation of agency authority
Section
46.973 (2) (c), Stats., authorizes the Department to develop standards and provide consultation for local drug dependence and drug abuse programs, and s.
51.42 (7) (b), Stats., authorizes the Department to promulgate rules governing a variety of services, including alcoholism and drug abuse services. Section
51.45 (8), Stats., authorizes the Department to establish minimum standards for approved treatment facilities that must be met in order for a treatment facility to be approved. Section
51.45 (9), Stats., authorize the Department to promulgate rules for acceptance of persons into the treatment program for the purpose of early and effective treatment of alcoholics and intoxicated persons. All of the standards are referenced in ch.
DHS 75.
Section
227.11 establishes requirements and parameters for agencies to promulgate rules, policies, and documents supporting rules for programs that are administered by it.
Related statute or rule
