Scope Statements
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on July 6, 2012.
Rule No.
Chapter
ATCP 125, Wis. Adm. Code (Existing).
Relating to
Mobile home parks.
Description of the Objective of the Rule
This proposed rule will update and modernize Chapter
ATCP 125 to make it more compatible with current industry practices and to align it with other sections of law that regulate mobile home parks. Specifically, the department will make technical changes for consistency with other provisions of law. The department will explore modernizing sections of the rule that are outdated. The department will also explore whether provisions of the rule deter or prohibit lenders from making loans to mobile home park operators.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
History and background. ATCP 125 was first promulgated as Ag 125 in 1972. At the time, zoning restrictions led to a shortage of mobile home sites in many areas of the state, which inhibited competition and market choice. The rule was promulgated to address unfair trade practices and methods of competition that emerged in the industry. The rule prohibited mobile home park operators from using unfair or deceptive trade practices and unconscionable rental terms and conditions. It also required that rental contracts be in writing and contain specific disclosures. The rule was rewritten in 1976 in response to a substantial number of complaints from mobile home park residents and after a thorough evaluation of the industry and the problems not fully resolved by the existing rule. ATCP 125 was amended again in 1987, following a request from the legislature's Joint Committee for the Review of Administrative Rules in response to numerous consumer complaints.
Proposed policies. DATCP is not planning any major policy change to the existing rule. Rather, there are a number of details in the current rule that should be examined and updated if necessary. For example, the current rule limits security deposits to 3 months' rent or $350, whichever is less. The $350 limit dates back to 1987. DATCP proposes to consider updating the limit to reflect inflationary changes. Additionally, the current rule's provisions relating to tie-in sales may need revisions to correspond to current practices.
Policy Alternatives. Do nothing. If the department does not revise the rule, manufactured home site tenants, community operators, and dealers will continue to operate under outdated regulations.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section 93.07 Department duties. It shall be the duty of the department:
(1) REGULATIONS. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
The department, after public hearing, may issue general orders forbidding methods of competition in business or trade practices in business which are determined by the department to be unfair. The department, after public hearing, may issue general orders prescribing methods of competition in business or trade practices in business which are determined by the department to be fair.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.4 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Description of all Entities that may be Impacted by the Rule
This rule impacts mobile home park operators, mobile home dealers, and mobile home park tenants throughout the state.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
The federal government does not regulate mobile home park landlord and tenant relationships.
Anticipated Economic Impact
DATCP expects the proposed rule to have minimal economic impact statewide and locally.
Contact Person
Kevin LeRoy, Division of Trade and Consumer Protection, DATCP; Phone (608) 224-4928.
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on July 6, 2012.
Rule No.
Chapter
ATCP 134, Wis. Adm. Code (Existing).
Relating to
Residential rental practices.
Description of the Objective of the Rule
This proposed rule will modify current rules related to residential rental practices. Existing Ch.
ATCP 134 (Residential Rental Practices) and Ch.
704, Stats., (Landlord and Tenant) both regulate transactions and relationships between renters and landlords. However, because of recent changes made to Ch.
704, Stats., by
2011 Wisconsin Act 143, there are now areas where ATCP 134 either overlaps or conflicts with Ch.
704, Stats. This rulemaking will be limited to addressing these conflicts.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
History and background. ATCP 134 was first adopted as Ag 134 in 1980. There were revisions to the rule in 1998.
ATCP 134 prescribes requirements for earnest money, security deposits, and nonstandard rental agreements. It prohibits various practices and rental agreement provisions, such as entering an apartment without providing twelve hours' notice, and it requires landlords to make certain disclosures, such as any uncorrected building code violations.
Proposed policies. DATCP proposes only limited changes to the rule as necessary to resolve conflicts with recently revised Ch.
704, Stats. For example, existing s.
ATCP 134.06 specifies check-in procedures and disclosures of pre-existing damages with new tenants. It also regulates the process landlords must use to return security deposits after termination of a rental agreement and the circumstances under which the security deposit might be withheld. However,
2011 Wisconsin Act 143 incorporated very similar – but not identical – provisions into Ch.
704, Stats.
Policy Alternatives. Do nothing. If the department does not revise the rule, it could be confusing to both rental property owners and tenants because the existing rule is inconsistent with new statutory provisions.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section 93.07 Department duties. It shall be the duty of the department:
(1) REGULATIONS. To make and enforce such regulations, not inconsistent with law, as it may deem necessary for the exercise and discharge of all the powers and duties of the department, and to adopt such measures and make such regulations as are necessary and proper for the enforcement by the state of chs.
93 to
100, which regulations shall have the force of law.
The department [of Agriculture, Trade, and Consumer Protection], after public hearing, may issue general orders forbidding methods of competition in business or trade practices in business which are determined by the department to be unfair. The department, after public hearing, may issue general orders prescribing methods of competition in business or trade practices in business which are determined by the department to be fair.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately 0.20 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Description of all Entities that may be Impacted by the Rule
This existing rule affects landlords or rental property owners, and tenants or renters involved in residential rentals.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Federal law does not generally regulate landlord and tenant relationships. The Federal Fair Housing Act of 1968, however, does prohibit a landlord from discriminating because of a renter's race, sex, national origin, or religion.
Many states, including all of Wisconsin's neighbors, have statutes and/or administrative codes that regulate landlord and tenant relationships.
Anticipated Economic Impact
DATCP expects the proposed rule to have minimal to no economic impact statewide and locally.
Contact Person
Kevin LeRoy, Program and Planning Analyst, DATCP; Phone (608) 224-4928.
Agriculture, Trade and Consumer Protection
This statement of scope was approved by the governor on July 6, 2012.
Rule No.
Relating to
Home improvement practices and basement waterproofing practices.
Description of the Objective of the Rule
This proposed rule will update Ch.
ATCP 110 (Regulation of Home Improvement Practices) to reflect current practices of the building industry. Specifically, the rule will define a design build project and, as appropriate, regulate a design build project differently than other home improvement projects.
For example, Chapter
ATCP 110 now requires that home improvement businesses attain all necessary permits prior to beginning work on any home improvement project. This is not practical for a design build project, where the consumer may make final design selections weeks after the project begins. The rule would also modify the prohibition on verbal change orders in order to avoid unnecessary delays of completion of projects while still protecting consumers. Further, the rule will clarify s.
ATCP 110.06, relating to preservation of buyer's claims and defenses, to more effectively align the rule with the design build process. Finally, the rule would repeal Ch.
ATCP 111 and modify Ch.
ATCP 110 to incorporate the provisions in the existing Ch.
ATCP 111 with technical modifications.
Description of Existing Policies Relevant to the Rule and of New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
History and background. Chapter
ATCP 110 was first adopted as a general and specific order in 1940 to require all individuals and companies selling roofing and siding at retail to cease and desist from using methods and trade practices that mislead or tended to mislead prospective customers. The rule was codified Ag 110 as part of a uniform administrative code in 1953. Ag 110 was expanded to cover a broader range of building and home improvement trade practices in 1963. The rule was repealed and recreated in 1964 to address two main issues: (1) to remove conflicts with the newly enacted WI Consumer Act and existing trade practice rules; and (2) to help solve new trade practice problems revealed in consumer complaints, hearings, and written comments. Ag 110 was further amended in 1976, 1993, and 2001. The rule was renumbered ATCP 110 in 1993.
Proposed policies. The department will amend its rule, as necessary, to more effectively align regulation with the current design build business practice while maintaining protection for consumers. The changes proposed to ATCP 111 are not substantive.
Policy Alternatives. Do nothing. If the department does not modify its home improvement practices rule, design build projects will continue to be regulated in the same way as all home improvement projects.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department, after public hearing, may issue general orders forbidding methods of competition in business or trade practices in business which are determined by the department to be unfair. The department, after public hearing, may issue general orders prescribing methods of competition in business or trade practices in business which are determined by the department to be fair.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
DATCP estimates that it will use approximately .2 FTE staff to develop this rule. That includes time required for investigation and analysis, rule drafting, preparing related documents, coordinating advisory committee meetings, holding public hearings and communicating with affected persons and groups. DATCP will use existing staff to develop this rule.
Description of all Entities that may be Impacted by the Rule
This rule impacts all businesses in the home improvement industry. However, the proposed rule change specifically impacts businesses that use the design build process.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
The federal government does not regulate home improvement practices. Federal regulations instead apply to the related issues of financing and product warranties.
Anticipated Economic Impact
DATCP expects that the proposed rule will have minimal, if any, economic impact statewide and locally. Any impact will be positive on home improvement businesses that use the design build process.
Contact Person
Sandy Chalmers, Administrator, Division of Trade and Consumer Protection, DATCP; Phone (608) 224-4929.
Public Service Commission
This statement of scope was approved by the governor on July 11, 2012.
Rule No.
Wis. Admin. Code Chapter
PSC 135,
PSC Docket # 1-AC-241.
Relating to
Adoption of federal gas pipeline safety regulations.
Description of the Objective of the Rule and Expected Financial Impact
The proposed rule revision adopts, for state purposes, changes to the federal pipeline safety code that have been enacted since the last revisions to the state pipeline safety code were adopted. The state has adopted federal pipeline safety provisions in Wis. Admin. Code Ch.
PSC 135. Adoption of these amendments will keep the Commission in compliance with its obligation to adopt all federal changes in the pipeline safety area.
Description of Existing Policies Relevant to the Rule, and of New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives; the History, Background and Justification for the Proposed Rule
Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the Commission is authorized to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations,
49 C.F.R. Parts 192,
193, and
199. As part of the agreement, the Commission adopts the federal pipeline safety code in Wis. Admin. Code s.
PSC 135.019. The Commission's latest version of that rule adopts the federal code up to July 1, 2007. New gas pipeline safety code requirements are generally enacted in October of each year. As a result, the Commission needs to amend its rule to include those federal rule changes made since October 2007.
This rule will result in no economic impact since pipeline operators are required, under federal law, to follow the federal regulations. Any economic impact of those federal regulations has already occurred. This rulemaking just updates the state's enforcement authority.
Statutory Authority for the Rule (Including the Statutory Citation and Language)
Sections
196.02 (1) and
(3), and Section
227.11, Stats., authorize agencies to promulgate administrative rules. Section
196.02 (1), Stats., authorizes the commission to do all things necessary and convenient to its jurisdiction. Section
196.02 (3), Stats., grants the commission specific authority to promulgate rules.
Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the Commission agrees to adopt those parts of the federal code that apply to pipeline safety.
Estimate of the Amount of Time that State Employees will Spend to Develop the Rule and of Other Resources Necessary to Develop the Rule
The Commission estimates that fewer than 100 hours of employee time will be required to develop the rules.
Description of all Entities that may be Impacted by the Rule
Every intrastate gas pipeline operator that operates gas transmission or distribution facilities in this state will be impacted by the rule.
Summary and Preliminary Comparison of any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Rule
Under an agreement with the U.S. Department of Transportation, Office of Pipeline Safety, the Commission is authorized to enforce federal natural gas pipeline safety requirements as set out in the Code of Federal Regulations,
49 C.F.R. Parts 192,
193, and
199. As part of the agreement, the Commission agrees to adopt those parts of the federal code that apply to pipeline safety.
Contact Person(s)
Tom Stemrich, Pipeline Safety Manager
(608) 266-2800
Joyce Dingman, Assistant General Counsel
(608) 267-6919
Safety and Professional Services
Safety, Buildings, and Environment, General Part I,
Chs.
SPS 301-
319
This statement of scope was approved by the governor on June 29, 2012.
Rule No.
Relating to
Licenses, certifications and registrations.
Rule Type
Permanent rule.
Detailed Description of the Objective of the Proposed Rule
The primary objective in revising Chapter
SPS 305, Licenses, Certifications and Registration is to coordinate the rules with the direction provided by
2011 Wisconsin Act 146. The Act revised provisions of chapters 101 and 145, Stats., affecting various trade credentials processed and issued by the department, including refrigerant handling technicians, HVAC contractors, elevator mechanics and master plumbers.
The Act repealed s. 101.177, Stats., relating to ozone-depleting refrigerants. The focus of these statutory provisions is further defined in reference to refrigeration equipment, excluding mobile air conditioners and trailer refrigeration equipment. The statutory provisions served as the basis for certifying or registering individuals and entities where the installation or servicing of refrigeration equipment has the potential of releasing ozone-depleting refrigerant.
Another objective is to revise the certification and renewal provisions for elevator inspectors, if necessary, in order to coordinate the rules with the changes announced by the American Society of Mechanical Engineers, ASME, with respect to their accreditation of credentialing organizations. Three organizations have been accredited by ASME to certify individuals as inspectors according to the ASME QEI-1, Standard for the Qualification of Elevator Inspectors. ASME has indicated that their accreditation of the three certifying organizations is to cease as of January 1, 2014.
The revisions for Chapter
SPS 305 may necessitate modifications to other chapters affected by the Chapter
SPS 305 revisions including, but not limited to, Chapter
SPS 345, Mechanical Refrigeration.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The rules under s.
SPS 305.72 delineate the procedures for qualifying, obtaining and renewing refrigerant handling technician certifications. These rules require an individual to hold a Type I, II, III or Universal technician certification issued in accordance with section 608 of the federal Clean Air Act and title
40 CFR part 82, subpart F in order to obtain the department's credential. Provisions under s.
SPS 305.70 (1) require any person, business or entity to obtain and hold a HVAC contractor registration issued by the department if engaged in installing or servicing refrigeration or air conditioning equipment that would release or may release ozone-depleting refrigerant.
The alternative of not revising the rules regarding ozone-depleting credentials would result in the rules not reflecting the direction provided by the legislation under
2011 Wisconsin Act 146.
Currently, the rules under s.
SPS 305.64 delineate the procedures for qualifying, obtaining and renewing elevator inspector certifications. Provisions under s.
SPS 305.64 necessitate applicants and credential holders to acquire and maintain an ASME QEI-1 certification.
Potentially, if the ASME elevator inspector certification process changes and the department's rules remain unsynchronized, the status of elevator inspectors utilized or recognized by the department to perform installation and period inspections may no longer be valid.
Section
SPS 305.992 delineates the options and qualifications necessary to obtain elevator mechanic license. The rules reflect the provisions of s.
101.985, Stats. Act 146 established another option in obtaining the mechanic's license by recognizing various supervisory or management experience in the elevator industry. No other alternatives have been considered in light of the statutory direction.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
(4) DEPARTMENT DUTIES. The department shall do all of the following:
(a) Promulgate rules for the administration of this section including establishing all of the following:
1. A standard of purity for reclaimed refrigerant that is based on recognized national industry standards.
2. Qualifications, which may include training or certification requirements, for individuals who use equipment to transfer ozone-depleting refrigerant from refrigeration equipment to storage containers.
2m. Qualifications, which may include training or certification requirements, for individuals who transfer ozone-depleting refrigerant from storage containers to approved refrigerant recycling equipment, approved refrigerant reclaiming equipment or other storage containers.
3. Qualifications, which may include training or certification requirements, for individuals who use approved refrigerant recycling equipment.
3m. Qualifications, which may include training or certification requirements, for individuals who use approved refrigerant reclaiming equipment.
4. Fees to cover the cost of administering subs. (2) and (3).
The statutory provisions for elevator inspectors can be found under s.
101.895 (3) which read:
(3) ELEVATOR INSPECTOR. The department shall issue an elevator inspector license to each individual who demonstrates to the satisfaction of the department that the individual is adequately qualified and able to provide elevator inspection services. The department shall promulgate rules that establish the qualifications required for issuance of an elevator inspector license.
The statutory provision for plumbing licensure is addressed in s.
145.02 (4) which reads:
(4) (a) The department shall prescribe rules as to the qualifications, examination and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers and for the registration and training of registered learners.
Although there are several inferences and references to the rules promulgated by the department within statutory Chapter
101, Subchapter VII regarding elevator licensing, the department's rule-making authority falls under s.
101.02 (1), which reads:
(1) The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates approximately 200 hours will be needed to perform the review and develop the needed rule changes. This time includes meeting with the conveyance safety code council, 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.
List with Description of all Entities that may be Affected by the Proposed Rule
Regarding s.
101.177, Stats., and ozone-depleting refrigerants, there are approximately 9200 individuals who are certified as refrigerant handling technicians by the department and roughly 3600 HVAC contractors registered with the department. Currently, the HVAC contractor registration is required for any entity performing in-house service work on equipment where there is the potential to release ozone-depleting refrigerant. This may include such entities as schools, hospitals, governmental facilities and industrial plants.
The revisions for elevator inspectors would affect primarily governmental units and third-party contractors performing elevator inspections on behalf of the department. There are only 46 elevator inspectors licensed by the department.
The rule revisions would also impact applicants for elevator mechanic licenses and master plumber licenses; as well as other trade credential applicants who take a credentialing examination.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Under Section 608 of the Clean Air Act, the U. S. Environmental Protection Agency has established ozone regulations found in
40 CFR Part 82, Subpart F. These federal regulations cover:
•
The certification of technicians who perform maintenance, service, repair or disposal that could reasonably expected to release refrigerants into the atmosphere.
•
The sale of ozone-depleting refrigerants to certified technicians.
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding the licensing of elevator mechanics, elevator inspectors or plumbers.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
The department anticipates that the economic impact in implementing the revised rules would be minimal.
Contact Person
