Statutory authority
Explanation of agency authority
Section
227.11 (2) (a), Stats., authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute.
Related statute or rule
Plain language analysis
The major change in this proposed rule lies within s.
SPS 382.20 (2) (a) whereby the requirement of employing two full-time plumbing inspectors is no longer required for the granting of or maintaining municipal agent status. In addition, the proposed rules correct a typographical error in s.
SPS 382.40 (6) (a) and update Appendix A-382.20 (2) to direct the reader to the department's webpage to access the most current listings of agents for plumbing plan review and Appendix A-382.3333 (9) (f)-1 (Note), which reflects the correct citation in the Commercial Building Code, ch.
SPS 364.
Summary of, and comparison with, existing or proposed federal regulation
None.
Comparison with rules in adjacent states
An Internet-based search found the following requirements for plumbing plan review at the local level in the four adjacent states:
By Illinois statutes and codes each local governmental unit shall with the advice of the State Department of Public Health, provide by ordinance, bylaws, or rules and regulations for the materials, construction, alteration, and inspection of all plumbing placed in or in connection with any building and to provide for and appoint a competent plumbing inspector or more as required. In addition, “No person shall be appointed as a Plumbing Inspector who is not a licensed plumber under this Act, including persons employed as Plumbing Inspectors in home rule units." [225 ILCS 320/18 (Ch.
111, par. 1117)] No mention of staffing levels for conducting such review or inspection was found.
The State of Iowa has adopted the 2009 edition of the UPC, (uniform plumbing code) as rule 641—Chapter
25(105), Iowa Administrative Code. The search revealed that a separation of state-level plan review and inspection are conducted on the local level when that local unit of government adopts an ordinance to enforce the state codes. However, no mention of staffing levels or credentials for individuals conducting such review or inspection was found.
In the Michigan construction code, (part 7. plumbing code, R 408.30701), the code official enforces such code. Michigan maintains a statewide jurisdiction list that contains the units of government having assumed responsibility for plan review of various trades' permits, including plumbing. No information was found as to the application or approval requirements for a unit of government to be included on this list or any stipulated staffing levels in this regard.
In Minnesota plumbing installations and licenses are maintained in Minn. Stat. §326B.43; Minn. Rule 4715. Regarding plan submittal and review, the state recognizes cities of the first class (Minneapolis, St. Paul and Duluth) as having their own plumbing programs, including plan submittal and review. A number of other municipalities in this state have plan review agreements with the state agency overseeing plumbing and therefore, take responsibility for plan review on most plumbing projects. No information was found as to the application or approval requirements for a city to be granted plan review with respect to stipulated staffing levels.
Summary of factual data and analytical methodologies
The proposed rules were included in a listing of suggested code revisions from the Small Business Regulatory Review Board (SBRRB), October 2012. The recommended changes are expected to make the granting of agent status for plumbing plan review less burdensome to municipalities who desire to be authorized to conduct such service.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The proposed rules follow the direction of Executive Order 61 whereby reducing the burden to job creation while complying with the provisions of state statutes. This proposed rule would provide flexibility in staffing levels based on local need and may allow municipalities to utilize staff on a part-time or as-needed basis.
Fiscal Estimate and Economic Impact Analysis
See attached.
Effect on Small Business
The department does not believe that the proposed rules will create an impact on small businesses.
Agency Contact Person
Jean MacCubbin, Program Manager, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708; telephone (608) 266-0955 or Contact Through Relay; email at
jean.maccubbin@wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
1. Type of Estimate and Analysis
|
X Original
⍽ Updated
⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
Chapter SPS 382, Design, Construction, Installation, Supervision, Maintenance and Inspection of Plumbing, specifically ss. SPS 382.20 (2) (a) and SPS 382.40 (6) (a).
|
3. Subject
|
Plumbing plan review by municipal agents.
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED
⍽ PRO ⍽ PRS ⍽ SEG ⍽ SEG-S
|
S. 20.165 (2) (a), Stats.
|
6. Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
X Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes
⍽ No
|
9. Policy Problem Addressed by the Rule
|
The requirement of employing two full-time plumbing inspectors for the granting of municipal agent status would no longer be required. Municipal agents would be allowed flexibility in utilizing staff to conduct this review service based on local need.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
Local governmental units, specifically cites of the 2nd class.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
The department solicited input via the EIA Notification; no units of government responded.
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
Local governmental units could now request agent status for plumbing plan review without employing two full-time plumbing inspectors. Additional revenues could result from conducting this service at the local level.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The department would be in the position to authorize more municipalities agent status to conduct plumbing plan review. The department would have the opportunity to streamline internal processes and provide a shortened plumbing plan review turn-around time, while balancing staffing levels with demand for services.
|
14. Long Range Implications of Implementing the Rule
|
The department will have the opportunity to balance staffing levels with demand for plumbing plan review services.
|
15. Compare With Approaches Being Used by Federal Government
|
None known.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
An Internet-based search shows that, with the exception of Michigan, the adjoining states confer plan review authority upon the local units of government; no rules or laws were found stipulating staffing levels for the granting of such authority or status.
|
17. Contact Name
|
18. Contact Phone Number
|
Jean MacCubbin
|
(608) 266-0955
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services —
Podiatry Affiliated Credentialing Board
NOTICE IS HEREBY GIVEN That pursuant to ss.
15.085 (5) (b),
440.035 (1),
448.63 (3),
448.665, Stats., and interpreting s.
448.63 (3), Stats., the Podiatry Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to amend s. POD 1.08 (5) and to create ss. POD 3.02 (4) and 3.03 (3), relating to temporary educational license and continuing education.
Hearing Information
This hearing has been rescheduled from December 14, 2012, to:
Date: Tuesday, July 30, 2013
Time: 10:00 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 N. Dickenson St.)
Room 121C
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. You may make a presentation in person, submit a brief statement regarding facts, opinions or arguments, or both You may also submit a brief statement of facts, opinions and arguments in writing without a personal appearance by mail addressed to Shawn Leatherwood, Department of Safety and Professional Services, Division of Board Services, P.O. Box 8935, Madison, WI 53708. Written comments will be accepted up until July 30, 2013.
Copies of Proposed Rule, Fiscal Estimate, and Economic Impact Analysis
Copies of the proposed rule are available upon request to Shawn Leatherwood, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 or by email at
shancethea.leatherwood@wisconsin.gov.
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Shawn Leatherwood, Department of Safety and Professional Services, 1400 East Washington Avenue, Room 116, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to
shancethea.leatherwood@wiscosin.gov. Comments must be received on or before July 30, 2013 to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
The Podiatrists Affiliated Credentialing Boards is charged with promulgating rules that govern their profession via ss.
15.085 (5) (b) and
440.035 (1), Stats., under the oversight of the Medial Examining Board. Pursuant to s.
448.63 (3), Stats., the Podiatrists Affiliated Credentialing Board has authority to write rules concerning various classes of temporary licensure. Section
448.665, Stats., grants rule writing authority for establishing requirements for continuing education. Therefore the Podiatrists Affiliated Credentialing Board is generally and specifically vested with the authority to promulgate these rules.
Related statute or rule
Plain language analysis
The proposed rule will address two issues: license holders having to reapply for a temporary license half way through their post graduate training and the requirements for licensees seeking first time renewal. By changing the duration of the temporary license from 1 year to 2 years, the proposed rule eliminates the need for temporary licensees to reapply for licensure while they are completing their post graduate training. As to the second issue, the proposed rule allows first time renewal applicants to use proof of graduation from a school of podiatric medicine to comply with the 50 requisite continuing education hours currently required by rule. This alleviates the burden on new licensees who's first time renewal occurs towards the end of a renewal period.
SECTION 1. amends the provision governing the duration of temporary licensure changing the requirement from1 year to 2 years.
SECTION 2. creates a provision for accepting proof that the podiatrist graduated from a school of podiatric medicine.
SECTION 3. creates a provision accepting a certified copy of an official transcript or a certified copy of a diploma from a school of podiatric medicine and surgery to verify, when audited, compliance with the continuing education requirement.
Summary of, and comparison with, existing or proposed federal regulation
None.
Comparison with rules in adjacent states
Illinois: A temporary license is valid for one year. 68 Ill. Adm. Code 1360.65(b) (2012) A renewal applicant is not required to comply with continuing education requirements for his/her first renewal. 68 Ill. Adm. Code 1360.70(a)(3) (2012)
Iowa: A temporary license is valid for one year. 645 IAC 220.6(149)(1) (2012)
First time licensees are not required to complete continuing education requirements for their first renewal period. 645 IAC 222.2(149,272C)(2) (2012)
Michigan: There is no language stating the duration for a temporary license. MICH. ADMIN. CODE R 338.8109 (2012) The Administrative code is silent with regards to the continuing education requirements for a first renewal. MICH. ADMIN. CODE R 338.3703 (2012)
Minnesota: A temporary permit is valid for 12 months, starting on the first day of graduate training. Minn. R. 6900.0160 Subp. 2. (2011) The continuing education requirement for a first renewal is not entirely waived, but rather the hours are prorated according to how long the applicant has had his/her license. Minn. R. 6900.0300 Subp.1a. (2011)
Summary of factual data and analytical methodologies
The Podiatrists Affiliated Credentialing Board reviewed the pertinent rules and determined that s.
Pod 1.08 (5) should be revised to address the issue of podiatric temporary license holders reapplying for a temporary license half way through their required 2-year post graduate training. The issue is resolved by these proposed rules by changing the duration of temporary licensure from1 year to 2 years. There was also a need to resolve the issue of licensees who are first time renewals seeking to fulfill their 50 hours of continuing education. These proposed rules will allow applicants, in the first year of their renewal period, to satisfy the continuing education requirement with approved verified documentary evidence of graduation from a school of podiatric medicine and surgery such as a verified copy of the diploma conferring the degree of doctor of podiatric medicine. The Board ensures the accuracy, integrity, objectivity and consistency of the data used in preparing the proposed rule and related analysis.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report
This rule has no impact on small business.
Anticipated costs incurred by private sector
The department finds that this rule has no significant fiscal effect on the private sector.
Fiscal Estimate and EIA
The Fiscal Estimate and Economic Impact Analysis are attached.
Effect on Small Business
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
jeffrey.weigand@wisconsin.gov, or by calling (608) 267-9794.
Agency Contact Person
Shawn Leatherwood, Department of Safety and Professional Services, 1400 East Washington Avenue, Room 116, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-266-0495; email at
shancethea.leatherwood@ wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
|
1. Type of Estimate and Analysis
|
X Original
⍽ Updated
⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
Sections Pod 1.08 (5), Pod 3.02 (4), Pod 3.03 (3)
|
3. Subject
|
Temporary licenses and continuing education
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED X PRO ⍽ PRS
⍽ SEG ⍽ SEG-S
|
|
6. Fiscal Effect of Implementing the Rule
|
⍽ No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
X Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes
X No
|
9. Policy Problem Addressed by the Rule
|
The Podiatry Affiliated Credentialing Board reviewed the pertinent rules and determined that s. Pod 1.08 (5) should be revised to address the issue of podiatric temporary license holders having to reapply for a temporary license half way through their required 2-year post graduate training. The issue is resolved by these proposed rules by changing the duration of temporary licensure from 1 year to 2 years. There was also a need to resolve the issue of new licensees undertaking their first renewal. The problem was new licensees would not have enough time to fulfill their 50 hours of continuing education if they had received their license towards the end of the renewal period. These proposed rules will allow new licensees to satisfy the continuing education requirement by providing approved verified documentary evidence of graduation from a school of podiatric medicine and surgery such as a verified copy of the diploma conferring the degree of doctorate of podiatric medicine.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
N/A
|
11. Identify the local governmental units that participated in the development of this EIA.
|
No local governmental units participated in the development of this EIA.
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
This rule will have no economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental units or the State's economy as a whole.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Pursuant to Wis. Stat. s. 448.63, persons seeking licensure as a podiatrists in Wisconsin must complete 2 years of post graduate training. A temporary educational license allows individuals currently participating in postgraduate training to practice podiatric medicine. However, per Wis. Admin. Code section POD 1.08 (5), a temporary educational license is only one year. By changing the duration of the temporary educational license from 1 year to 2 years, applicants would be allowed to complete the required post graduate training without interruption of licensure.
|
14. Long Range Implications of Implementing the Rule
|
There are no long range implications of implementing this rule.
|
15. Compare With Approaches Being Used by Federal Government
|
There are no comparable federal rules specifically regarding temporary licenses and continuing education requirements.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
Illinois:
A temporary license is valid for one year. 68 Ill. Adm. Code 1360.65(b) (2012) A renewal applicant is not required to comply with continuing education requirements for his/her first renewal. 68 Ill. Adm. Code 1360.70(a)(3) (2012)
Iowa:
A temporary license is valid for one year. 645 IAC 220.6(149)(1) (2012)
First time licensees are not required to complete continuing education requirements for their first renewal period. 645 IAC 222.2(149,272C)(2) (2012)
Michigan:
There is no language stating the duration for a temporary license. MICH. ADMIN. CODE R 338.8109 (2012) The Administrative code is silent with regards to the continuing education requirements for a first renewal. MICH. ADMIN. CODE R 338.3703 (2012)
Minnesota:
A temporary permit is valid for 12 months, starting on the first day of graduate training. Minn. R. 6900.0160 Subp. 2. (2011) The continuing education requirement for a first renewal is not entirely waived, but rather the hours are prorated according to how long the applicant has had his/her license. Minn. R. 6900.0300 Subp.1a. (2011)
|
17. Contact Name
|
18. Contact Phone Number
|
Shawn Leatherwood
|
608-261-4438
|
Notice of Hearing
Technical College System Board
NOTICE IS HEREBY GIVEN that pursuant to s.
38.04, Stats., and interpreting s.
38.04 (10), Stats., the Wisconsin Technical College System Board will hold a public hearing to consider revision of rules to amend Chapter
TCS 5, relating to Facility Development Procedures.
Hearing Information
Date: Thursday, August 1, 2013
Time: 10:00 a.m.
Location: Wisconsin Technical College System Office
4622 University Avenue, Board Room
Madison, WI
It is the policy of the Wisconsin Technical College System Board (WTCSB) to provide accommodations to persons with disabilities, which may affect their ability to access or participate in WTCS activities. Persons may request assistance or reasonable accommodations for the schedule public hearing by contacting Jim Zylstra at (608) 266-1739.
Place where Comments Are to be Submitted and Deadline for Submission
Comments will be accepted by the agency contact person listed above until 4:00 p.m. on August 1, 2013. People submitting comments will not receive individual responses.
Analysis Prepared by the Wisconsin Technical College System Board
Statutes interpreted
Statutory authority
Explanation of agency authority
