4.
Updating the reference to the “complainant's attorney" in ch.
SPS 2 Appendix I, Wis. Adm. Code.
5. Improving the efficiency of the procedures for the Department's filing of papers with disciplinary authorities.
6.
Adding pertinent rule authority references to ch.
SPS 4, Wis. Adm. Code.
7.
Amending s.
SPS 6.11, Wis. Adm. Code, to allow an administrative law judge from the Department of Administration to preside over show cause hearings.
8.
Revising the definition of “first occurrence" in ch.
SPS 8, Wis. Adm. Code, to more closely align with s.
440.205, Wis. Stats.
The rules are also to be reviewed for clarity, consistency and format which may result in non-substantive revisions.
The objectives of this rule project may be incorporated into more than one rule package, and may include revisions to other chapters affected by the proposal.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Existing rules for Department administrative procedures reflect previously used practices and policies. Proposed modifications would update the rules to reflect current practices, align rules more closely with statute, and incorporate technological efficiencies. The alternative to updating and modernizing Department administrative procedures is to continue with current rules that reflect outdated practices and create inefficiencies and uncertainties.
2011 Wisconsin Act 46 requires that each agency establish, by rule, reduced fines and alternative enforcement mechanisms for minor violations of administrative rules made by small businesses. These rules must include a definition of “minor violation". Chapter
SPS 500 outlines the discretion that may be exercised by the Department in enforcement actions undertaken to obtain compliance with Department rules and guidelines, by a small business. This chapter, however, does not include a definition of “minor violation". The proposed rule change would incorporate a definition of “minor violation" to ch.
SPS 500 as required by
2011 Wisconsin Act 46.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section 227.04 (2) (b), Wis. Stats. Consistent with the requirements under s.
895.59 and, to the extent possible, each agency shall do all of the following: Establish, by rule, reduced fines and alternative enforcement mechanisms for minor violations of administrative rules made by small businesses. The rules promulgated under this paragraph shall include a definition of “minor violation".
Section 227.11 (2) (a), Wis. Stats. Rule-making authority is expressly conferred as follows: (a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature. 2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature. 3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
Section 440.03 (1), Wis. Stats. The department may promulgate rules defining uniform procedures to be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards, attached to the department or an examining board, for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.
Section 440.03 (13) (am), Wis. Stats.
A person holding a credential under chs.
440 to
480 who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the department within 48 hours after the entry of the judgment of conviction. The department shall by rule determine what information and documentation the person holding the credential shall include with the written notice.
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
75 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
All Department credential holders
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The Department believes that the proposed revisions will have minimal to no economic impact.
The Department believes that the proposed revisions will have minimal to no impact on small businesses.
Contact Person
Safety and Professional Services
Uniform Dwelling Code, Chs.
SPS 320—325
This statement of scope was approved by the Governor on October 29, 2013.
Rule No.
Relating to
One- and two-family dwellings.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Proposed Rule
The objective of this rulemaking is to update and clarify Wisconsin's Uniform Dwelling Code (UDC), as contained in chs.
SPS 320 to
325. This Code establishes statewide construction and inspection standards for one- and two-family dwellings, including modular homes. This update and clarification should make this Code consistent with contemporary construction practices, products, and materials; model standards and codes; and regulatory practices — in order to protect the health, safety, and welfare of the occupants and owners of these dwellings. These rule changes may be incorporated into more than one rule package and may include revisions to other chapters affected by the proposal.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The Uniform Dwelling Code establishes statewide, uniform construction and inspection standards; includes references to many national standards and codes; and reflects national building and energy-efficiency trends. The most recent update of this Code began in 2005 and became effective on April 1, 2009. The Wisconsin Statutes require the Department to review this Code every three years, and authorize the Department to revise the rules after consulting with the Governor-appointed Uniform Dwelling Code Council.
Working with the UDC Council, the Department plans to correct code-clarity problems; incorporate code interpretations that have been developed since the last code-change cycle; update currently adopted standards; incorporate new construction practices, products, standards, or materials; and incorporate any needed new requirements.
The alternative of not updating the Code would result in it not being current with nationally recognized construction and inspection practices and standards. Continuing to use the Code as it exists now may create confusion among designers, builders, and local inspectors about how newer materials and standards should be used, regulated, or applied. Not updating the Code could also jeopardize the health, safety, or welfare of the occupants and owners of one- and two-family dwellings.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a) of the Statutes 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.
Section
101.63 (1), Stats., requires the Department to
establish standards for the construction and inspection of one- and two-family dwellings and components thereof.
Where feasible, the standards used must be nationally recognized. No set of rules may be adopted that has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Section
101.64 (3), Stats., authorizes the Department to revise these rules after consultation with the Uniform Dwelling Code Council.
Section
101.64 (6), Stats., authorizes the Department to adopt rules prescribing procedures for approving new building materials, methods, and equipment.
Section
101.653 (2), Stats., requires the Department to promulgate rules that establish standards for practices to prevent soil erosion related to the construction of one- and two-family dwellings at sites which have a land-disturbance area of less than one acre.
Section
101.653 (2m), Stats., requires the Department to promulgate rules for the administration of this erosion control, by counties, cities, villages, and towns, including provisions regarding the issuance of building permits and the collection and distribution of fees.
Section
101.73 (1), Stats., requires the Department to adopt rules that establish standards for the use of building materials, methods, and equipment in the manufacture and installation of modular homes for use as dwellings. Section
101.74 (3), Stats., authorizes the Department to revise these rules after consultation with the Uniform Dwelling Code Council.
Section
101.74 (6), Stats., requires the Department to adopt rules prescribing procedures for approving new building materials, devices, and methods for the manufacture or installation of modular homes as dwellings.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
800 hours.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rulemaking may affect any entity that is involved in the construction, remodeling, or inspection of one- and two-family dwellings, including modular homes.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Title 16, Part 1201 of the Code of Federal Regulations contains safety requirements for glazing materials in storm doors or combination doors, doors, bathtub doors and enclosures, shower doors and enclosures, and sliding-glass doors. Any rule changes that are advanced under this scope statement are not expected to infringe on these federal requirements. No other current or proposed federal regulations were found relating to this rulemaking.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
The rule changes contemplated in this project are not expected to have any negative economic impacts on any of the entities listed above.
Contact Person
Sam Rockweiler, Rules Coordinator, sam.rockweiler@ wi.gov, (608) 266-0797.
Safety and Professional Services
Uniform Dwelling Code, Chs.
SPS 320—325
This statement of scope was approved by the Governor on October 28, 2013.
Rule No.
Relating to
Wall bracing.
Rule Type
Permanent and Emergency.
1. Finding/Nature of Emergency (Emergency Rule Only)
Some building designers find the current rules for wall bracing too difficult to understand and apply, which results in unnecessary costs and delays. Promulgating changes to the rules through the emergency rule process is needed in order to avoid these costs and delays as soon as possible. In addition, the report that the Uniform Dwelling Code Council is required to complete by July 1, 2014, under section
101.62 (4) of the Statutes may include recommendations to clarify these rules through the emergency rule process.
2. Detailed Description of the Objective of the Proposed Rule
The objective of the rulemaking project is to revise and simplify wall bracing provisions under the Uniform Dwelling Code, chs.
SPS 320 to
325.
The objective of the rule is to have a clearly understood rule that enhances compliance with regard to design, construction, and inspection.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included In the Rule, and an Analysis of Policy Alternatives
Chapters
SPS 320 to
325, the Uniform Dwelling Code, establishes statewide, uniform construction, energy efficiency, and inspection rules for one- and 2-family dwellings. Under the construction standards of ch.
SPS 321, dwellings are required to meet structural performance provisions to support the actual dead load, live loads and wind loads acting upon it. The minimum wind load is specified at 20 pounds per square foot acting over the surface area of the dwelling. Code provisions also include various prescriptive specifications and alternative provisions that are recognized to address the wind load requirements.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The statutory authority for the Uniform Dwelling Code is under section
101.63 (intro.) and
(1) (intro.) of the Statutes, which reads as follows:
“The department shall:
(1) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s.
145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s.
254.61 (1), except that the rules apply to all of the following:"
In addition, under section
101.63 (5) of the Statutes, the department shall “Review the rules adopted under this subchapter once every 3 years."
5. Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rule is expected to be about 200 hours. This time includes research, drafting rules, consulting and meeting with the UDC Code Council, and processing the rules through public hearings, legislative review and adoption. There are no other resources necessary to develop the rules.
6. List with Description of all Entities that may be Affected by the Proposed Rule
The rulemaking project may affect any entity that is involved in the construction, remodeling and inspection of one- and 2-family dwellings, including designers, contractors, and inspectors.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
