Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
No economic impacts are anticipated. The hunting season frameworks proposed in this rule will be comparable to those in place during the previous season. These rules are applicable to individual hunters and impose no compliance or reporting requirements for small business, nor are any design or operational standards contained in the rule.
Contact Person
Scott Loomans, 101 S Webster St., Madison, WI 53707, (608) 267-2452,
scott.loomans@wisconsin.gov or Kent Van Horn, Migratory Birds Specialist, 101 South Webster Street, PO Box 7921, Madison, WI 53707-7921, (608) 266-8841,
kent.vanhorn@wisconsin.gov.
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on February 20, 2013.
Rule No.
WM-09-13(E) and WM-08-13, ch.
NR 45.
Relating to
Firearms use on department land in Columbia County.
Rule Type
Permanent and emergency.
Finding/Nature of Emergency (Emergency Rule Only)
This rule is necessary to protect public safety and welfare due to the popularity of target shooting at properties which are undeveloped, have not been designated by the department, and are in locations which jeopardize the safety of neighbors and property users.
Detailed Description of the Objective of the Proposed Rule
The objective of these rules will be to prohibit firearms discharge for target shooting purposes on all department managed lands in Columbia County in areas where target shooting is not authorized. Firearm discharge for hunting, trapping, and dog training purposes and at established ranges would continue to be allowed.
This rule will prevent potentially unsafe target shooting activities on department managed lands where concentrated housing developments are located downrange and where property user safety is a concern.
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 department currently possesses the ability to prohibit firearms discharge by posting lands that it owns or manages. However, the department believes that hunting, trapping, and dog training can still safely occur on department managed lands in Columbia County. Prohibiting target shooting, but still allowing hunting, trapping, and dog training, requires rule making.
Policies relevant to this rule are consistent with existing rules and this proposal will not establish new statewide policies. Under this proposal, portions or all department managed lands in Columbia County will be added to an existing rule that already prohibits target shooting on some individual properties and all department properties in the counties of: Dane, Dodge, Fond du Lac, Jefferson, Juneau, Kenosha, La Crosse, Manitowoc, Milwaukee, Outagamie, Ozaukee, Racine, Sauk, Sheboygan, Walworth, Washington, Waukesha and Winnebago.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The department is generally charged with the care, protection, and supervision of state lands by s.
23.11 Stats.
Under s.
23.09 (2) (d) related to conservation, the department is directed to provide an adequate and flexible system for the use of outdoor resources in this state and may promulgate such rules as are necessary. These rules are necessary to preserve public opportunities to hunt with firearms on lands that have been acquired as areas where any citizen may hunt or trap.
Pursuant to s.
227.24 (1) (a) Stats., the department finds that putting this rule into effect prior to the time it would take effect using the permanent rule process is necessary to protect the public safety and welfare.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
80 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
Target shooting is an enjoyable and normally safe activity that is enjoyed by many people in the Columbia County area. A subset of target shooters who are using department wildlife properties instead of gun clubs or private lands will be impacted by this rule. Under the proposal, it would remain possible for the department to authorize target shooting in a designated location without additional rulemaking. Safe locations and facilities for public target shooting are being considered in the area and, if they can be developed, would minimize any impact to target shooters. A number of residential property owners that live nearby or adjacent to areas currently used for target shooting will also be impacted by an improvement in safety conditions. Improved safety conditions will also benefit people who are using the properties for hunting, trapping and other purposes. In one location, people have reported having difficulty being able to safely return to their vehicle at a popular target shooting location which is also a main parking lot.
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
Pittman-Robertson funding has been used to acquire and manage wildlife areas to sustain wildlife and allow hunting, trapping and other outdoors activities in Columbia County. Through these rules, the department hopes to preserve the use of firearms for hunting, consistent with federal guidelines for properties where Pittman-Robertson funding has been invested.
The United States Fish & Wildlife Service owns and manages a number of waterfowl production areas in Columbia County. The topography and management of those properties is similar to that of department managed lands in the county. The service does not allow recreational target shooting on its properties but does allow hunting.
Anticipated Economic impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
While target shooting is an activity that many people in the Columbia County area enjoy, the department estimates that a minority of target shooters are using department managed public lands. The department is not aware of any economic impacts of this regulation in the 18 other counties where it is currently in effect. The department does not anticipate any economic impact as a result of extending this regulation to Columbia County.
Contact Person
Safety and Professional Services
This statement of scope was approved by the governor on January 4, 2013.
Rule No.
Chapters
SPS 303,
307,
308,
310,
314,
316,
318,
320,
326,
330,
332,
333,
334,
340,
341,
343,
345,
347,
360,
361,
382,
383,
384,
385,
386,
387,
390 and
391.
Relating to
Administrative processes and procedures utilized by the industry services division.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
Detailed Description of the Objective of the Proposed Rule
Primarily, this rulemaking project is to review and standardize as much as possible the various administrative processes delineated in the codes implemented by the department's Industry Services Division. The processes to be evaluated include plan review, permits, appeals, inspections and agent authorization. The project will also evaluate the advantage of placing the administrative processes in one chapter or code rather than in each program code.
The Industry Services Division facilitates public safety, health and welfare by administering and enforcing various codes relating to: explosives; fireworks; mines; pits; quarries; flammable, combustible and hazardous liquids; fire prevention; electrical; elevators; escalators; lift devices; one- and 2- family dwellings; manufactured home communities; fire department safety and health; public employee safety and health; passenger ropeways; amusement rides; gas systems; boilers; pressure vessels; anhydrous ammonia; mechanical refrigeration; erosion control; commercial buildings; plumbing; private onsite wastewater treatment systems; soil and site evaluations; boat and on-shore sewage facilities; public swimming pools; water attractions and sanitation. It is anticipated that standardizing administrative processes will result in efficiencies for both stakeholders and the Division, as well as facilitate code compliance.
The revisions relating to administrative provisions may necessitate modifications to coordinate other chapters not specifically enumerated that are also administered by the Industry Services Division. It is anticipated that the coordination would possibly involve cross referencing changes.
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 various administrative processes and procedures necessitate various stakeholders, including building owners, to interact with the Industry Services Division. These interactions, such as submitting plans, data or information, providing information or inspections, are for the most part specified in each of the program codes; for example: chapter SPS 318, for Elevators, Escalators, and Lift Devices, chapter SPS 361 for the Wisconsin Commercial Building Code, and chapters SPS 382 to 384 for the Plumbing Code. Under the separate program codes, aspects of the administrative processes and procedures vary, including the minimum number of plans or copies required to be submitted, the time frames and conditions when information or data needs to be reported, and the manner or steps for appeals. In some cases, stakeholders interact with the Division across several programs. The alternative of leaving variation in the different administrative processes and procedures would allow the ability to focus solely on an individual program.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
For the propose of facilitating public safety, health and welfare under various statutory provisions of chapters 101 and 145, Stats., both specific and general, the department's Industry Services Division oversees the design and construction of public buildings and places of employment, including many building components, such as electrical, boilers, elevators, plumbing, as well as other mechanical devices such as passenger ropeways, amusement rides, public swimming pools and water attractions. Depending upon the program (object), the Division's oversight involves a variety of administrative processes to accomplish its mission. Specific statutory provisions include:
101.12 Approval and inspection of public buildings and places of employment and components. (1) Except for plans that are reviewed by the department of health services under ss.
50.02 (2) (b) and
50.36 (2), the department shall require the submission of essential drawings, calculations and specifications for public buildings, public structures and places of employment including the following components:
(a) Heating, ventilation, air conditioning and fire detection, prevention or suppression systems.
(b) Industrial exhaust systems.
and power dumbwaiters.
(d) Stadiums, grandstands and bleachers.
(e) Amusement and thrill rides equipment.
101.935 (2) (a) The department or a village, city or county granted agent status under par. (e) shall issue permits to and regulate manufactured home communities. No person, state or local government who has not been issued a permit under this subsection may conduct, maintain, manage or operate a manufactured home community.
(b)
Application. A person applying for a permit under par. (a) shall include, along with the application, copies of specifications and accurately scaled and fully dimensioned plans showing the location of the construction, installation, or alteration in relation to the plans and elevation of the building; the location of the applicable machinery room, if any, and the equipment to be constructed, installed, or altered; and all structural supporting members relevant to the construction, installation, or alteration, including foundations. The specifications and plans shall be sufficiently complete to illustrate all details of design and construction, installation, or alteration. The application shall specify all materials to be used and all loads to be supported or conveyed. The department may authorize a person to include the application and other information required under this paragraph with any submission required under s.
101.12 (1) to avoid duplicative filing of information.
101.983 (2) OPERATION. (a) Permit required. No person may allow a conveyance to be operated on property owned by the person unless the person has received a permit for the operation from the department. The department may not issue a permit required under this paragraph until all inspections required under par. (c) are completed.
101.983 Conveyance permits required. (1) CONSTRUCTION, INSTALLATION, AND ALTERATION. (a)
Permit required. No person may construct, install, or alter a conveyance in this state unless an elevator contractor licensed by the department under s.
101.985 (1) has received a permit for the construction, installation, or alteration from the department.
145.26 (2) The department shall, in advance of construction, alteration or reconstruction, review and approve plans and specifications for the construction, alteration or reconstruction of public swimming pools or water recreation attractions or the alteration of public swimming pool equipment in this state.
General statutory provisions include:
101.17 Machines and boilers, safety requirement. No machine, mechanical device, or steam boiler shall be installed or used in this state which does not fully comply with the requirements of the laws of this state enacted for the safety of employees and frequenters in places of employment and public buildings and with the orders of the department adopted and published in conformity with this subchapter. Any person violating this section shall be subject to the forfeitures provided in s.
101.02 (12) and
(13).
145.02 (2) The department shall have general supervision of all such plumbing and shall after public hearing prescribe and publish and enforce reasonable standards therefor which shall be uniform and of statewide concern so far as practicable. Any employee designated by the department may act for the department in holding such public hearing. To the extent that the historic building code applies to the subject matter of these standards, the standards do not apply to a qualified historic building if the owner elects to be subject to s.
101.121.
(3) (g) By rule, fix fees for the examination and approval of plans of plumbing systems and collect the same.
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 1000 hours will be needed to perform the review and develop the needed rule changes. This time includes meeting with stakeholders, 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
The rule revisions would potentially affect a variety of stakeholders who interact with the department's Industry Services Division under its various programs. The stakeholders would include: plan submitters, such as architects; engineers; designers; contractors; master plumbers; master electricians; equipment/material suppliers; building owners; owners/operators of passenger ropeways; amusement rides; passenger ropeways; manufactured home communities; and permit applicants: such as owners or their agents for boilers; tanks containing flammable, combustible or hazardous liquids; elevators; escalators; lift devices; passenger ropeway; amusement rides; mechanical refrigeration systems; anhydrous systems; and gas systems; and other individuals submitting data or information: such as owners/operators of mines, pits or quarries.
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
For the most, part federal regulations do not cover the various programs administered by the Industry Services Division. With the exception of erosion control and flammable, combustible and hazardous liquids, federal regulations do not involve administrative and enforcement activities such as permits, plan review, inspections and appeals.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Any economic impact realized by the implementing the rule revisions would most likely be positive in that the changes would result in efficiencies and clarity for the various stakeholders, including owners, who utilize or are required to utilize the administrative services of the Industry Services Division.
Contact Person
Safety and Professional Services
Professional Services, Chs.
SPS 1—299
This statement of scope was originally published on February 14, 2013, in Register 686 and is reprinted here to correct a Legislative Reference Bureau transcription error in Paragraph 7. (The error has been corrected in the Internet version of Register 686.)
This statement of scope was approved by the governor on January 28, 2013.
Rule No.
