° The premature birth rate shall be weighted 10%.
° The rate of low birth weights shall be weighted 10%.
•
The level of racial or ethnic disproportionality in poor birth outcomes shall be weighted 30%, with each factor weighted 10%.
Summary of factual data and analytical methodologies
Despite a steady decline in the white infant mortality rate over the last 20 years, the black infant mortality rate has essentially remained the same.
The UW-Extension website has a directory of home visiting programs in Wisconsin at
http://www.uwex.edu/ces/ flp/homevisit/directory/index.cfm.
Comparison with rules in adjacent states
Other states fund home visiting programs with purposes that include promoting healthy birth outcomes and preventing child abuse and neglect. The formulas for distributing the funds are not in rule.
Comparison with federal regulations
None.
Analysis used to determine effect on small businesses
Private agencies are eligible to apply for a grant.
Small Business Impact
The proposed rule will affect small businesses as defined in s.
227.114 (1), Stats., but will not have a significant economic impact on a substantial number of businesses.
Fiscal Estimate
State fiscal effect
None.
Local government fiscal effect
None.
Long-range fiscal implications
None.
Agency Contact Person
Kim Eithun
Division of Safety and Permanence
Phone: (608) 261-7836
Notice of Hearings
Health Services
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.11 (2) (a),
250.04 (1),
(2) (a), and
(7),
254.74 (1) and
(1g), and
254.85 (1), and
(2), Stats., the Department of Health Services will hold a public hearing on emergency rules and proposed permanent rules to consider revisions to Chapters
DHS 195 and
197, relating to carbon monoxide detectors in hotels, motels, tourist rooming houses and bed and breakfast establishments, and affecting small businesses.
Hearing Information
Date and Time
|
Location
|
April 21, 2010
10:00am to 2:00pm
April 23, 2010
10:00am to 2:00pm
|
Southeastern Regional Office
Conference Room
819 N. 6th Street, Room 40
Milwaukee, WI 53202
State of Wisconsin
Dept. of Health Services
1 W. Wilson Street
Room B139
Madison, WI 53703
|
April 27, 2010
10:00am to 2:00pm
April 28, 2010
10:00am to 2:00pm
April 30, 2010
10:00am to 2:00pm
|
Northern Regional Office
Conference Room
2187 North Stevens Street Suite C
Rhinelander, WI 54501
Northeastern Regional Office
Conference Room
200 North Jefferson Street Room 152A
Green Bay, WI 54301
Western Regional Office
Conference room 123
610 Gibson Street
Eau Claire, WI 54701
|
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 James Kaplanek at 608-261-8361. 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 James Kaplanek al número 608-261-8361. 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 James Kaplanek ntawm 608-261-8361. Koj yuav tsum thov qhov kev pab yam tsawg kawg 7 hnub ua ntej qhov hauj lwm ntawd.
Copies of the Proposed 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:
James Kaplanek
Bureau of Environmental and Occupational Health
Phone: 608-261-8361
Submission of Written Comments
Comments may be submitted to the agency contact person listed above or to the Wisconsin Administrative Rules Website at
www.adminrules.wisconsin.gov until
April 30, 2010, 4:30 p.m.
Analysis Prepared by Department of Health Services
Statute interpreted
Statutory authority
Explanation of agency authority
•
Section
227.11 (2) (a), Stats., permits state agencies to exercise general rulemaking authority to interpret the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
•
Section
250.04 (1),
(2) (a), and
(7), Stats., designates DHS as having general responsibility for the public's health, gives DHS all powers necessary to fulfill its duties, and authorizes DHS to enforce and promulgate rules and orders governing the duties of local public health departments that effect public health.
•
Section
254.74 (1) (a) and
(d), Stats., provides DHS with authority to administer and enforce laws relating to lodging and food protection and any other laws relating to public health and safety in hotels, motels, tourist rooming houses, and bread and breakfast establishments.
•
Section
254.74 (1) (am), Stats., requires DHS to promulgate rules under which DHS would conduct inspections of sealed combustion units as required under s.
101.149 (5) (c), Stats. and issue orders for compliance as specified under s.
101.149 (8) (a), Stats.
•
Section
254.74 (1g), Stats., requires DHS to inspect hotels, motels, tourist rooming houses, and bed and breakfast establishments to ensure compliance with s.
101.149 (2) and
(3), Stats.
•
Section
254.85 (1), and
(2), Stats., authorizes DHS to enter the premises of lodging establishments to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographic or other evidence needed for enforcement of rules or statutes, and to issue orders to protect the public health safety and welfare.
Related statute or rule
Plain language analysis
Lodging establishments (hotels, tourist rooming houses, and bed and breakfast establishments) are required under s.
101.149 (2) and
(3), Stats., to install and maintain carbon monoxide detectors in every residential building that has a fuel-burning appliance, unless, pursuant to s.
101.149 (5), Stats., the building does not have an attached garage and all fuel-burning appliances in the building have sealed combustion units that are either covered by the manufacturer's warranty against defects or are inspected as provided under rules promulgated by DHS under s.
254.74 (1) (am), Stats. Under s.
254.74 (1g), Stats., DHS is required to inspect lodging establishments to ensure compliance with s.
101.149 (2) and
(3), Stats. Under s.
254.74 (1) (am), Stats, DHS is required to promulgate rules, in consultation with DHS of commerce, under which it shall conduct regular inspections of sealed combustion units for carbon monoxide emissions, except when a sealed combustion unit is covered by a manufacturer's warranty against defects, and rules that specify the conditions under which it may issue orders to correct violations of s.
101.149 (2) or
(3), Stats.
Pursuant to ss.
101.01 (15),
101.63 (1), and
101.149 (6) (b), the department of commerce promulgated Comm 21.097 and 62.1200 (2), which limit the s.
101.149 (5), Stats., exception by requiring lodging establishments to install carbon monoxide detectors without exception in all new residential buildings constructed on or after October 1, 2008, according to specifications set out in the rules.
DHS's proposed rules require lodging establishments to comply with the carbon monoxide detector installation and maintenance requirements of s.
101.149 (2) and
(3), Stats., and s. Comm. 21.097 and 62.1200 (2). Consistent with ss. Comm. 21.097 and 62.1200 (2), the rules require installation of carbon monoxide detectors without exception in all new residential buildings constructed on or after October 1, 2008. With respect to any residential building for which construction was initiated or the plans were submitted to the department of commerce before October 1, 2008, and in which the operator has not installed a carbon monoxide detector, pursuant to the exception under s.
101.149 (5), Stats., the rules require the operator to arrange for the annual professional inspection of each fuel-burning appliance, which is not under warranty, including its vents and chimneys, for carbon monoxide emissions.
The rules require DHS to conduct regular inspections of lodging establishments to ensure compliance with the requirements for the installation and maintenance of carbon monoxide detectors. The rules prescribe the procedures under which DHS may issue orders to an establishment to correct a violation of the installation and maintenance requirements under s.
101.149 (2) and
(3), Stats. The rules also require DHS to conduct regular inspections of facilities to ensure compliance with the requirement that sealed combustion appliances be inspected for carbon monoxide emissions in residential buildings where carbon monoxide detectors have not been installed pursuant to the exception under s.
101.149 (5), Stats. If DHS determines upon inspection that a sealed combustion unit has not been inspected as required, DHS will order the establishment to have an inspection conducted within 30 days of the order. If the establishment fails to conduct the inspection, DHS will arrange for the inspection by an agent qualified to conduct the inspection. The costs of the DHS agent's inspection would be paid by the facility.
Comparison with federal regulation
An internet-based search of the code of federal regulations and the federal register did not identify any federal requirements for the installation and maintenance of carbon monoxide detectors in residential buildings.
Comparison with rules in adjacent states
Illinois:
Illinois under Public Act 094-0741, the Carbon Monoxide Alarm Detector Act, has required the installation of carbon monoxide detectors in all occupancies and structures which have sleeping rooms since January 1, 2007.
Iowa:
Iowa requires the installation of carbon monoxide detectors in foster care facilities.
Michigan:
Michigan has not enacted a state-wide carbon monoxide detector regulation; however, the City of Pontiac has implemented a rule requiring carbon monoxide detectors in dwelling units and rental units, which has been phased in since 2004.
Minnesota:
Minnesota statute, 299F.50, requires carbon monoxide detectors in newly-constructed single family homes and multifamily apartments units beginning January 1, 2007, existing single family homes as of August 1, 2008, and existing multi-family and apartment buildings as of August 1, 2009.
Summary of factual data and analytical methodologies
In developing the rules, the DHS reviewed the language of
2007 Act 205 in relation to the specific circumstances presented by the facilities DHS regulates. DHS consulted with the department of commerce and industry representatives from the Association of Plumbing, Heating, and Cooling Contractors, and obtained considerable information from carbon monoxide alarm manufacturers and the Wisconsin Innkeepers Association. DHS used the following data sources for its analysis:
•
Criteria adopted by DHS and approved by the Wisconsin Small Business Regulatory Review Board to determine whether DHS's proposed rules would have a significant economic impact on a substantial number of small businesses. Pursuant to DHS's criteria, a proposed rule would have a significant economic impact on a substantial number of small businesses if at least 10% of the businesses affected by the proposed rules are small businesses and if operating expenditures, including annualized capital expenditures, increase by more than the prior year's consumer price index or revenues are reduced by more than the prior year's consumer price index. For the purposes of this rulemaking, 2008 is the index year. The consumer price index is compiled by the U.S. Department of Labor, Bureau of Labor Statistics and for 2008 is 3.8 percent.
•
The 2002 Economic Census – Geographic Series (Wisconsin), which is compiled by the U.S. Census Bureau every 5 years for each year ending in “2" and “7" and contains the latest available economic data compiled on businesses located in Wisconsin. (The U.S. Census Bureau's data release schedule for the 2007 Economic Census – Geographic Series is November 2009-July 2010.) The data includes the annual sales reported by Wisconsin businesses classified as hotels and motels, "all other traveler accommodations," which would include tourist rooming houses, and bed and breakfast establishments. It should be noted, however, that the number of businesses reporting in each category is much lower than the actual number of facilities DHS regulated in 2009.
•
Information relating to carbon monoxide or carbon monoxide detectors published by the following agencies:
