The proposed rule changes also were shared with the Commercial Buildings Code Council, Uniform Dwelling Code Council, and Multifamily Dwelling Code Council.
In addition to posting rule development and council activities on the department's web site, the department offers an Email subscription service that is available to all small businesses. This service provides Email notification of council meetings, meeting, agendas and council meeting progress reports so small businesses can follow proposed code changes.
Adopting the most current edition of the NEC will not impose a significant impact on small businesses involved in the inspection, maintenance, service and installation of electrical wiring.
Initial Regulatory Flexibility Analysis
Types of small businesses that will be affected by the rules
The proposed rules will affect any business involved with the design and installation of electrical wiring, communication systems or electrical equipment.
Reporting, bookkeeping and other procedures required for compliance with the rules
There are no reporting, bookkeeping or other procedures required for compliance with the rules.
Types of professional skills necessary for compliance with the rules
There are no additional professional skills necessary for compliance with the rules.
Will the rules have a significant economic impact on small businesses?
No.
Environmental Analysis
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.
Fiscal Estimate
Summary
The Safety and Buildings Division is responsible for administering and enforcing rules relating to the installation of electrical wiring and equipment in chapter Comm 16. The proposed rules adopt by reference the latest edition of the National Electrical Code (NEC) published by the National Fire Protection Association and clarify existing technical requirements. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing chapter Comm 16. The proposed rules will not create any additional workload costs; therefore, they will not have any fiscal effect on the division.
The proposed rules will not have a fiscal effect on other state agencies or local governments.
The proposed adoption of 2008 NEC will require the installation of tamper-resistant receptacles and arc-fault circuit-interrupter protection in all new dwelling construction. Tamper-proof receptacles cost an additional 50 cents or about 80 to 90 cents each. An average dwelling has about 80 receptacles, so the additional cost to install tamper-resistant receptacles would be $40 per dwelling. The additional cost for each arc-fault circuit-interrupter unit is $35 and the number to be installed varies per building. On the average, approximately five arc-fault circuit-interrupters are needed for a dwelling for a total cost of $175. The estimated cost to install tamper-resistant receptacles and arc-fault circuit-interrupters in an average dwelling would be $215. Labor costs are not affected by the proposal.
State fiscal effect
None.
Local fiscal effect
None.
Fund sources affected
PRO.
Long-range fiscal implications
None known.
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (1),
101.63 (1),
101.64 (3),
101.72 and
101.74, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapters Comm 20 to 25 relating to the Uniform (1-2 Family) Dwelling Code.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
June 19, 2008
Thursday
10:30 a.m.
|
Thompson Commerce Building
Third Floor Conference Rm. #3B
201 W. Washington Avenue
Madison, Wisconsin
|
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.
Submission of Written Comments
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
July 7, 2008, 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 Duane Hubeler, at the Department of Commerce, P.O. Box 2658, Madison, WI 53701-2658, or Email at
duane.hubeler@wisconsin.gov
Copies of Proposed Rules
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.
Agency Contact Person
Small Business Regulatory Coordinator
Carol Dunn, at (608) 267-0297, or Email at carol.dunn@ wisconsin.gov.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
Explanation of agency authority
Under the statute sections listed above, the Department of Commerce has the responsibility to adopt rules that establish uniform, statewide standards for the construction of 1- and 2-family dwellings. This code, in its entirety, first went into effect in 1980. Sections
101.63 (5) and
101.73 (8), Stats., require the department to review these rules on a biennial basis.
Summary of proposed rules
The vast majority of these proposed rule changes are intended to clarify current policies and requirements. The substantial changes to the code are as follows:
•
Sections
Comm 20.02 (1),
20.09 and
20.10 relating to scope of the code, permit issuance and inspections, respectively, have been reformatted and expanded.
•
Section
Comm 20.24 on adopted national standards is updated to include the latest editions. One standard on duct construction is dropped and two new ones on fire sprinkler construction and log home construction are added.
•
Section
Comm 21.24 (4) has new requirements for water-resistive barriers under the exterior covering of the dwelling.
•
Section
Comm 21.25 (7) has new requirements for the construction of short “cripple walls" on top of foundation walls.
•
Sections
Comm 21.25 (8) and
(9) has new requirements for wind bracing of wood frame walls that bring the Wisconsin requirements in line with national standards.
•
Chapter Comm 22, containing the energy conservation requirements, is repealed and recreated to bring the Wisconsin requirements in line with the national model energy code. There are new prescriptive component requirements as an alternative to the traditional total envelope heat loss requirements.
Comparison with federal regulations
There appear to be no federal regulations governing general one- and 2-family dwelling construction.
Comparison with rules in adjacent states
An internet search of the State of Illinois' website did not reveal the existence of a statewide one- and 2-family dwelling code. Dwelling regulation appears to be left up to the individual local units of government.
An internet search of the State of Iowa's website did not reveal the existence of a statewide one- and 2-family dwelling code. Dwelling regulation appears to be left up to the individual local units of government.
An internet search of the State of Michigan's website showed a mandatory, statewide one- and 2-family dwelling code. The Residential Construction Code under the Construction Code Commission General Rules, section 408.305, contains the state amendments to the 2006 International Residential Code (IRC) developed by the International Code Council (ICC). There is a separate energy code.
An internet search of the State of Minnesota's website showed a mandatory, statewide one- and 2-family dwelling code. Minnesota Department of Labor and Industry, Chapter 1309 adopts the 2006 International Residential Code (IRC), chapters 2-10 and 43. Chapters
2-
10 contain the general construction provisions of the IRC. Separate state codes apply to the energy, mechanical, plumbing, electrical and flood protection provisions of dwelling construction.
Summary of factual data and analytical methodologies
The department received input at regular quarterly meetings during the entire development cycle from the Uniform Dwelling Code Council. The makeup of this Council is set under s.
15.157 (3), Stats. The members are appointed by the Governor's Office. The Council's composition reflects a variety of organizations whose members include many types of small businesses. Through this Council, the department is able to gather information on the potential impacts of the administrative and technical requirements of the code.
For the majority of this development cycle, the UDC Council was comprised of:
Allan Bachmann, Madison, Bachmann Construction;
Jeffrey Bechard, Eau Claire, Sheet metal Workers Local 18;
Ken Dentice, City of La Crosse Building Inspection;
David Dolan-Wallace, Green Bay, Martinson Architects;
Tom Doleschy, Muskego, Chicago Regional Council of Carpenters;
Dan Gorski, Madison, Veridian Homes;
Robert Jakel, City of Kaukauna;
Steven Levine, Madison, Wisconsin Public Service Commission;
Mike Mueller, Milwaukee, International Brotherhood of Electrical Workers Local 494;
Daniel Nowak, City of Oak Creek Building Inspection;
Frank Opatik, Wausau, Wausau Homes;
Tom Palecek, Marshfield, Wick Building Systems;
Gary Ruhl, Oshkosh, NE Wisconsin Building & Construction Trades Council;
Mary Schroeder, Brookfield, Miller Homes;
Katy Stadtherr, City of Green Bay Building Inspection;
John Vande Castle, Fond du Lac, Fond du Lac Mosaic Tile Company, Inc.; and
Mike Wallace, City of Hudson Building Inspection
Analysis and supporting documents used to determine effect on small business
These proposed rules do not significantly impact small businesses. The proposed rules do adopt more current technical design and construction standards used by designers and various tradespersons but those standards do not have a significant impact. The proposed rules do enhance the wind bracing requirements resulting in increase material and labor costs that would be passed on to the consumer. The design, material, and labor costs for the proposed specified methods of wind bracing are estimated to be $360 or 0.15% for an 1800 square foot, two-story home valued at $250,000 and $100 or 0.06% for a 1200 square foot, single story home valued at $180,000. The proposed rules will add an additional insulation requirement beneath a heated slab in contact with earth regardless of the depth below grade. Such heated slabs are allowed but not required by the code. For those homes that utilize this heated slab construction the added cost would be in the range of $.75 per square foot. For an 1800 square foot, two-story home with a 900 square feet heated basement floor the cost increase would be $675, or three tenths of one percent for a home valued at $250,000.
Initial Regulatory Flexibility Analysis
