Wisconsin has a well-developed weights and measures program. Wisconsin statutes authorize DATCP to license persons who operate or service weights and measures in the state and also authorize DATCP to adopt rules prescribing standards for the construction, operation and maintenance of weights and measures and to establish the fees for inspections and licenses.
Some surrounding states have less comprehensive weights and measures programs, and fewer administrative options for standardizing and regulating weights and measures. Surrounding states tend to regulate weights and measures on a more ad hoc basis. However, several surrounding states have established weights and measures fees to help fund their state programs.
Retail Food Establishments
Illinois and Minnesota charge retail food establishment scale fees, and Minnesota charges fees for package checking. Comparable Illinois scale fees range from $20-$900 annually per establishment, depending upon number of scales. Minnesota scale fees range from $35-$1125 annually per establishment, depending upon number of scales (the fee is $25 per scale). Minnesota package checking fees range from $35-$330 depending on lot size.
Weights and Measures Service Companies and Technicians
Illinois and Michigan license weights and measures service companies. Illinois has an annual license fee of $50. Michigan has a $300 biennial license fee. Minnesota does not have a licensing program (funding comes from general program revenue).
Illinois and Michigan both license service company technicians. Illinois has an annual technician license fee of $25. Michigan has a $100 technician license fee every 2 years. Minnesota does not have a licensing program (funding comes from general program revenue).
Vehicle Scales
Illinois and Minnesota both license vehicle scales. Illinois has an annual license fee of $200. Minnesota charges a range of $170-$250 per license with a Place in Service fee of $110. Michigan does not have a licensing program (funding comes from general program revenue).
LP Gas Meters
Illinois and Minnesota both license LP gas meters. Illinois has an annual license fee of $165. Minnesota has a $150 license fee with a “place-in-service" fee of $110. Michigan does not have a licensing program (funding comes from general program revenue).
Vehicle Tank Meters
Illinois and Minnesota both license vehicle tank meters. Illinois charges a range of $100 to $200 for an annual license. Minnesota's program funding comes from other sources, but does have a “place-in-service" fee of $110. Michigan does not have a licensing program (funding comes from general program revenue).
Reinspection Fees
Device
|
Illinois fees
|
Michigan fees
|
Minnesota fees
|
Vehicle Scale
(large capacity)
|
$200
|
GPR
(no fee)
|
Avg $388
|
Medium Capacity Scale
|
$75-200
|
GPR
|
$145-270
|
Small Capacity Scale
|
$20-50
|
GPR
|
$125-$250
|
Vehicle Tank Meter
|
$100-200
|
GPR
|
SEG
|
LPG Meter
|
$165
|
GPR
|
$250
|
Loading Rack Meter
|
$200
|
GPR
|
SEG
|
Retail Motor Fuel
|
$50
|
GPR
|
SEG
|
Timing Device
|
N/A
|
GPR
|
$175/hr
|
Grain Moisture Meter
|
$100
|
GPR
|
N/A
|
Package Labeling
|
N/A
|
GPR
|
$235-$530
|
Price Accuracy
|
N/A
|
GPR
|
$175-$190/hour
|
Other
|
N/A
|
GPR
|
$175-190/hour
|
Small Business Impact
This rule will affect businesses that operate or service weights and measures in Wisconsin. Many affected business will pay higher fees, or will pay fees for the first time. However, the fee increases are not expected to have a major impact on overall business costs. Fees for each business category are proportionate to weights and measures program costs for that business category, and cover only a portion of program costs. A complete business impact analysis is available from DATCP.
Fiscal Estimate
This rule will increase annual DATCP revenues by an estimated $400,000 and will allow DATCP to cover a larger share of its costs to administer Wisconsin's weights and measures program. This rule will have no significant impact on local units of government. A complete fiscal estimate is available from DATCP.
Agency Contact Person
Questions and comments related to this rule may be directed to:
Michelle Reinen, Program & Policy Analyst
Dept. of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-5160
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.19 and
145.26, Stats., the Department of Commerce will hold a public hearing on proposed rules
and the emergency rules to amend section
Comm 2.68 (3) (d), Tables 2.68-1 and 2.68-2; and to create section
Comm 2.68 (3) (a), relating to fees for plan review and inspection of public swimming pools and water attractions and affecting small business.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
January 21, 2010
|
Conference Room 3C
|
10:00 a.m.
|
Tommy G. Thompson Center
|
|
201 West Washington Avenue
|
|
Madison
|
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 January 29, 2010, 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 James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@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 TDD Relay dial 711 in Wisconsin or (800) 947-3529. Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
Statutes: None
Administrative Rules: Chapter
Comm 90
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.
