Illinois:
Illinois licenses and regulates persons that have custody of more than 5 female dogs who breed dogs for sale. Illinois also licenses and regulates pet shops, dog dealers, kennel operators and catteries. Regulations establish minimum standards of care, record keeping requirements, and requirements for dog movement.
Michigan:
Michigan has no comparable licensing program for dog sellers or dog facilities.
Iowa:
Iowa licenses and regulates person that have custody of more than 3 breeding male or female dogs, including boarding kennels, breeders and dealers. Regulations establish minimum standards of care, record keeping requirements, and requirements for dog movement.
Data and analytical methodologies
DATCP consulted with an advisory committee comprised of individuals that will be licensed and regulated under this rule, and veterinarians. DATCP representatives also attended USDA presentations related to humane dog care standards.
Small Business Impact
This rule will affect persons who operate “animal control facilities," “animal shelters" or “dog breeding facilities" in this state, or who operate as “dog breeders," “dog dealers" or “out-of-state dog dealers" in this state. Under
2009 Wis. Act 90, these persons must be annually licensed and must pay annual license fees as provided in this rule (see above). This rule does not, by itself, increase license requirements or fees (beyond the licensing requirements and fees already created by Act 90).
This rule spells out licensing standards for persons who are required to be licensed under this rule, including standards for the care, transportation and sale of dogs. Many of the persons who are subject to licensing under this rule are already meeting the standards under this rule, but others will incur costs to bring their facilities and practices into compliance with this rule.
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Under Act 90 and this rule, whenever a license holder sells a dog in this state, the dog must be accompanied by a certificate of veterinary inspection (health certificate). The certificate must be issued by a Wisconsin certified veterinarian, on an official form provided by DATCP. The certificate forms cost only $0.60 each (an estimated $44,000 for sellers statewide), but there will be a significant cost for veterinarian services. This could have a significant financial impact on license holders, especially small dog breeders. However, this rule does not add any costs beyond those imposed by Act 90 itself.
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The facility requirements in this rule are, for the most part, rudimentary. However, some license holders may need to make significant facility upgrades in order to comply with the standards in this rule and ensure a humane level of care.
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This rule requires license holders to keep inventory, identification and health records related to dogs that they keep or sell. Many of the persons affected by this rule already keep such records, but others do not. This rule may impose additional recordkeeping costs on those who do not. Many of the recordkeeping requirements in this rule are also contained (in more general form) in Act 90, so this rule does not add significantly to the costs already imposed by Act 90.
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This rule may require some dog sellers to hire additional staff, or hire professional services (especially veterinarian services) to comply with this rule and provide a humane level of care to dogs under their custody or control.
This rule will benefit the dog care and sales industry by establishing basic standards of humane care and fair competition. This rule will also benefit dog buyers by providing greater assurance that dogs are healthy and well-adjusted, and have been humanely treated.
Many of the persons affected by this rule are “small businesses." This rule, like Act 90, exempts animal shelters that keep no more than 25 dogs per year. It also exempts dog breeders and dog dealers who sell no more than 25 dogs a year from no more than 3 litters. But neither Act 90 nor this rule make other significant exemptions for “small business," because many of the most serious animal health and humane problems addressed by Act 90 are found in “small business" settings.
The standards in this rule give affected businesses some flexibility and choices, consistent with the basic requirement of humane care. DATCP may issue licenses on a conditional basis, giving some license holders additional time to bring their operations into full compliance. DATCP may also grant variances for good cause, if the variance does not undermine the purpose of the standard from which the variance is granted.
Fiscal Estimate
This rule will not have a significant state or local fiscal impact. Section
173.41 (14), Stats., created by
2009 Wis. Act 90, requires DATCP to license and inspect “animal control facilities," “animal shelters," “dog breeders," “dog breeding facilities," “dog dealers" and “out of state dog breeders" that do business in this state. DATCP must inspect licensed facilities prior to licensing, and at least once every 2 years. Act 90 provided staff and funding for this licensing and inspection activity.
This rule will not create additional staffing requirements or program costs, beyond those entailed by Act 90 itself, nor will it change license fee revenues. Act 90 authorized DATCP to change initial statutory license fees by rule. However, this rule does not make any significant changes to the statutory fees.
Under Act 90 and this rule, whenever a license holder sells a dog in this state, the dog must be accompanied by a certificate of veterinary inspection (health certificate). The certificate must be issued by a Wisconsin certified veterinarian, on an official form provided by DATCP. Certified veterinarians may purchase the forms from DATCP at a cost of $0.60 each (the same as for certificates used under other animal health programs). DATCP estimates that certificate sales will generate $44,000 in program revenue each year. Act 90 contemplates that these revenues will be used to help fund this program.
Agency Contact Person
Melissa Mace
Phone: (608) 224-4883
Notice of Hearing
Commerce
Wis. Commercial Building Code, Chs.
Comm 60 to
66NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 and
145.02, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapters
Comm 2,
5,
14,
20 and
61 to
66, relating to the design, construction, maintenance and inspection of public buildings and places of employment, including commercial buildings and structures and multifamily dwellings.
Hearing Information
The public hearing will be held as follows:
Date: October 5, 2010
Time: 10:00 a.m.
Location: Thompson Commerce Bldg.
Conference Room 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.
Submittal 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
October 18, 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 Jim Smith, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.smith@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 Jim Smith, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.smith@wisconsin.gov, or at telephone (608) 266-0251 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Sections
101.02 (1),
(7),
(7m) and
(15),
101.025,
101.027,
101.11,
101.12,
101.13,
101.132,
101.14 (1),
(4) and
(4m),
101.145,
101.149,
101.19,
101.63,
101.73,
101.973 and
145.02, Stats.
Related statute or rule
Chapter
Comm 5, Licenses, Certifications and Registrations
Chapter
Comm 18, Elevators, Escalators and Life Devices
Chapter
Comm 20, Uniform Dwelling Code
Chapter
Comm 41, Boilers and Pressure Vessels
Chapter
Comm 45, Mechanical Refrigeration
Chapter
Comm 82, Uniform Plumbing Code
Explanation of agency authority
Under the statutes cited, the Department of Commerce protects public health, safety, and welfare by promulgating comprehensive requirements for design, construction, maintenance and inspection of public buildings and places of employment, including commercial buildings and structures and multifamily dwellings. The department also updates these requirements as necessary to be consistent with nationally recognized standards that are incorporated by reference into the Wisconsin Commercial Building Code (WCBC), specifically, the building code requirements developed by the International Code Council® (ICC).
Summary of proposed rules
Currently, the department adopts by reference the 2006 editions of the ICC suite of building codes – the International Building Code® (IBC), the International Energy Conservation Code® (IECC), International Existing Buildings Code® (IEBC), the International Fuel Gas Code® (IFGC) and the International Mechanical Code® (IMC) – and makes Wisconsin modifications to these codes within the WCBC. The department proposes to adopt the 2009 editions of these ICC codes.
Significant changes from the 2006 to the 2009 editions of the ICC codes include:
•
Defining and clarifying live/work unit provisions; IBC section 419.
•
Adding provisions for Ambulatory Health Care Facilities; IBC section 422.
•
Adding storm shelter provisions and references to ICC 500; IBC section 423.
•
Requiring new locking provisions for egress doors serving certain types of occupancies; IBC sections 1008.1.9.6, 1008.1.9.8 and 1008.1.9.9.
•
Clarifying accessibility provisions for live/work units are to be evaluated separately; IBC section 1103.2.13.
•
Requiring at least lavatory with enhanced reach ranges in toilet rooms having 6 or more lavatories for accessibility purposes; IBC section 1109.2.3.
•
Providing specific provisions on tightness of buildings (air barriers); IECC section 402.4.2.
•
Requiring shutoff controls for snow/ice-melting systems serving residential occupancies; IECC section 403.8.
•
Specifying the heating of outside spaces to be radiant type and provided with efficiency controls; IECC section 503.2.11.
•
Revising the mechanical ventilation table to provide more detailed occupancy classifications that reflect ASHRAE standard 62 – Ventilation for Acceptable Indoor Air Quality; IMC table 403.3.
•
Requiring that make-up air to be provided for domestic kitchen exhaust hoods with capacities of greater than 400 cfm be tied in to operation of hood; IMC section 505.2.
•
Eliminating details on combustion air from within the IMC by deferring to NFPA standard 31 for oil-fired appliances and the manufacturers' recommendations for solid-fuel-fired appliances.
•
Expanding the provisions for the piping of hydronic heating systems to reflect newer materials and standards; IMC chapter 12.
•
Requiring thermal insulation below radiant floor heating systems; IMC sections 1209.5 to 1209.5.4.
•
Establishing bonding/grounding provisions specific to corrugated stainless steel gas tubing (CSST); IFGC section 310.1.1.
•
Prohibiting gas piping from entering/exiting a building below grade; IFGC section 404.4.
•
Requiring LP-Gas piping to be electrically isolated (dielectric fitting) where the underground piping comes above ground to enter the building; IFGC section 404.8.
•
Requiring gas clothes dryer exhaust ducts to be protected from penetration by nails/screws; IFGC section 614.6.3.
•
Specifying minimum vertical clearances between gas cooktops and materials or cabinets above; IFGC section 623.7.
•
Adding provisions associated with the use of used materials and equipment; IEBC section 104.9.1.
•
Clarifying that when undergoing a partial change of occupancy, accessibility will be driven by the alteration provisos found in ss. 605 or 706. ; IEBC section 912.8.1.
Many of the current Wisconsin modifications under the WCBC are proposed to be repealed because of changes in the 2009 editions of the ICC codes. Minor amendments, including renumbering, are being made to several Wisconsin modifications to reflect changes in the 2009 IBC codes.
The proposed rules include creating some general global modifications that replace various current individual deletions of unnecessary ICC requirements, such as requirements that address (1) designing one- and two- family dwellings; (2) employing special inspectors or obtaining special inspections; (3) obtaining a mandated approval from a local building or fire code official; and (4) building in flood-hazard areas. Other proposed Wisconsin modifications include:
•
Modifying the provisions for firewalls or division walls separating townhouses for the purpose of allowing sprinkler protection in accordance with NFPA standard 13D; s.
Comm 62.0903 (5).
•
Extending an automatic sprinkler exemption for small R-2 multifamily dwellings to other small residential buildings, such as cabins at summer camps; s.
Comm 62.0903 (5) (d).
•
Revising the sprinkling requirements for townhouses with less than 20 units to reflect the changes in the latest edition of the
International Residential Code®; s.
Comm 62.0903 (5) (d).
•
Eliminating the required international symbol accessibility signage for assigned parking serving a residential apartment building; s.
Comm 62.1103.
•
Extending the modified uniform live loads for attics in townhouses to attics in all residential occupancies; s.
Comm 62.1607.
