LRB-2046/1
RNK:jld:jf
2007 - 2008 LEGISLATURE
May 31, 2007 - Introduced by Senators Coggs, A. Lasee, Lehman, Olsen, Hansen,
Plale, Sullivan, Darling, Lassa, Erpenbach, Kreitlow, Miller and Wirch,
cosponsored by Representatives
Newcomer, Berceau, Jeskewitz, Turner, A.
Ott, Richards, Sheridan, Hines, Kleefisch, Zepnick, Sinicki, Fields, Mason,
Van Roy and Grigsby. Referred to Committee on Labor, Elections and Urban
Affairs.
SB194,1,7
1An Act to amend 101.02 (20) (a) and 101.02 (21) (a); and
to create 15.157 (15)
2and 101.136 of the statutes;
relating to: the licensing and regulation of
3thermal system insulation and fire-stop product mechanics and contractors;
4creating a thermal system insulation and fire-stop council; requiring the
5employment of a state inspector; establishing standards for installing,
6removing, and maintaining thermal system insulation and fire-stop products;
7requiring the exercise of rule-making authority; and providing a penalty.
Analysis by the Legislative Reference Bureau
The Department of Commerce (Commerce) administers various laws, including
building codes, that promote safety in public and private buildings and in the
subsystems of those buildings. To that end, Commerce issues various licenses,
permits, registrations, and other credentials (licenses) to persons engaged in the
construction trades, such as electricians and plumbers. Commerce also administers
and issues licenses in connection with the administration of other laws relating to
public safety, such as those regulating fireworks and the storage of flammable
liquids.
This bill requires Commerce to regulate the business of installing, removing,
and maintaining thermal system insulation and fire-stop products (insulation
products). The bill defines thermal system insulation as a product used to insulate
any hot or cold surface other than an insulation product used in the walls of a
building. The bill defines a fire-stop product as a product used to prevent the spread
of fire or smoke that is installed on or around a pipe, duct, wire, or other penetration
through a floor, ceiling, or wall of a building. The bill requires Commerce to license
persons who install, remove, and maintain insulation products (mechanics) and
persons who are in the business of contracting to provide services for installing,
removing, and maintaining insulation products (contractors). The bill also requires
Commerce to employ a state thermal system insulation and fire-stop inspector (state
inspector). The bill establishes a thermal system insulation and fire-stop council
(council). The council is responsible for recommending rules to Commerce that
establish standards for the installation, removal, and maintenance of insulation
products. The council must also provide other advice to Commerce including
recommending training and continuing education requirements for mechanics.
Under the bill, the state inspector must have at least ten years of experience
as a mechanic and must have successfully completed a four-year apprenticeship in
the trade of heat and frost insulation. The state inspector must inspect buildings to
determine whether the buildings comply with standards established by Commerce
for the installation, removal, and maintenance of insulation products (state
standards). The state inspector must also keep complete and accurate records of all
inspected buildings and give notice of noncompliance to the owner of every building
who fails to comply with state standards. The bill authorizes the state inspector to
enter and inspect buildings and to issue orders requiring the owner of a building to
make repairs or alterations that are necessary for the building to comply with state
standards.
The bill establishes minimum licensing requirements for insulation product
mechanics and contractors. Under the bill, a person may not obtain a mechanic's
license unless he or she has met requirements established by Commerce by rule and
has either completed a minimum level of training and passed a written examination
approved by Commerce or has successfully completed an approved apprenticeship
program.
The bill specifies that, in order to be licensed as a contractor, a person must meet
requirements established by Commerce by rule, must be registered with the
Department of Workforce Development as a contractor that employs and trains
apprentices, and be skilled in the installation of insulation products. The bill allows
Commerce to waive any licensing requirement for contractors or mechanics for a
person who is licensed in another state in which the standards for licensure are at
least as strict as the requirements under the bill. It also allows Commerce to waive
any licensing requirement for experienced mechanics who submit evidence
satisfactory to Commerce that the mechanic is qualified for licensure. The bill also
provides that Commerce may not renew a license issued to a mechanic unless the
mechanic completes a continuing education course during the previous license
period that is approved by Commerce.
The bill authorizes Commerce to directly assess a forfeiture by issuing an order
against any person who installs, or contracts to install, insulation products without
a license or who fails to comply with an order issued by the state inspector.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB194, s. 1
1Section
1. 15.157 (15) of the statutes is created to read:
SB194,3,62
15.157
(15) Thermal system insulation and fire-stop council. There is
3created in the department of commerce a thermal system insulation and fire-stop
4council consisting of the state thermal system insulation and fire-stop inspector who
5shall serve as chairperson of the council, the secretary of commerce or his or her
6designee, and the following members appointed for 3-year terms:
SB194,3,77
(a) Two members who represent a major insulation company.
SB194,3,98
(b) One member who is an architect licensed to do business in this state with
9work experience in the area of indoor air quality.
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(c) One member who is an industrial hygienist with work experience in the area
11of indoor air quality, mold, and fungal growth.
SB194,3,1312
(d) Two members who are mechanics with at least 10 years of experience in the
13area of heat and frost insulation.
SB194,3,1414
(e) One member who is an adult resident of this state.
SB194,4,217
101.02
(20) (a) For purposes of this subsection, "license" means a license,
18permit or certificate of certification or registration issued by the department under
19ss. 101.09 (3) (c), 101.122 (2) (c),
101.136, 101.143 (2) (g), 101.15 (2) (e), 101.17,
20101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6),
1101.82 (2), 101.87, 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4),
2145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).
SB194,4,105
101.02
(21) (a) In this subsection, "license" means a license, permit or
6certificate of certification or registration issued by the department under s. 101.09
7(3) (c), 101.122 (2) (c),
101.136, 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a),
8101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.935,
9101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15,
10145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).
SB194, s. 4
11Section
4. 101.136 of the statutes is created to read:
SB194,4,13
12101.136 Regulation of thermal system installation. (1) Definitions. In
13this section:
SB194,4,1714
(a) "Building" means a commercial, industrial, or residential building,
15structure, or facility, as defined by the department by rule, but does not include a
16residential building, structure, or facility that contains fewer than 4 residential
17units.
SB194,4,2018
(b) "Contractor" means a person who is engaged in the business of contracting
19to provide services for installing, removing, or maintaining thermal system
20insulation and fire-stop products.
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(c) "Council" means the thermal system insulation and fire-stop council.
SB194,4,2422
(d) "Fire-stop product" means a product that is used to prevent the spread of
23fire or smoke and that is installed on or around a pipe, duct, wire, or any other
24penetration through a floor, ceiling, or wall of a building.
SB194,5,2
1(e) "Mechanic" means a person who installs, removes, or maintains thermal
2system insulation and fire-stop products.
SB194,5,43
(f) "State inspector" means the state thermal system insulation and fire-stop
4inspector.
SB194,5,85
(g) "Thermal system insulation" means a product that is used to insulate any
6hot or cold surface including a pipe, duct, valve, boiler, flue, or tank, or equipment
7on or in a building. "Thermal system insulation" does not include an insulation
8product used in the walls of a home or building.
SB194,5,10
9(2) Duties of the thermal system insulation and fire-stop council. (a) The
10council shall do all of the following:
SB194,5,1311
1. Recommend to the department rules establishing standards for the
12installation, removal, and maintenance of thermal system insulation and fire-stop
13products in buildings.
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2. Recommend to the department requirements for the licensure of mechanics
15and contractors and circumstances under which the department may take
16disciplinary action against a mechanic or contractor including suspension and
17revocation of a license.
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3. Recommend to the department qualifications for the state inspector.
SB194,5,2019
4. Recommend to the department training and continuing education
20requirements for mechanics.
SB194,5,2421
(b) The council may consult with engineering authorities and other
22organizations concerned with safety and health issues related to thermal system
23insulation and fire-stop products and mold in performing its duties under this
24subsection.
SB194,6,6
1(3) State thermal system insulation and fire-stop inspector. (a) The
2department shall employ a person who has at least 10 years of experience as a
3mechanic, and who has successfully completed a 4-year apprenticeship in the trade
4of heat and frost insulation, as the state thermal system insulation and fire-stop
5inspector. The state inspector shall work under the direct supervision of the
6secretary or his or her designee.
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(b) The state inspector shall do all of the following:
SB194,6,148
1. Inspect buildings constructed, or in which the mechanical systems have been
9altered, on or after the effective date of this subdivision .... [revisor inserts date], to
10determine whether the installation, removal, or maintenance of thermal system
11insulation and fire-stop products in those buildings and structures complies with the
12standards established by the department under sub. (4) (d). The state inspector shall
13conduct the inspections on a random basis and whenever requested to do so by a local
14building inspector.
SB194,6,1915
2. Keep complete and accurate records of all inspected buildings including a list
16identifying all buildings that are in compliance with the standards established by the
17department under sub. (4) (d), a list of all buildings that are not in compliance with
18the standards established by the department under sub. (4) (d), and a list of all orders
19that the state inspector issues under par. (c) 2.
SB194,6,2220
3. Give written notice of noncompliance to the owner of every building that the
21inspector determines does not comply with the standards established by the
22department under sub. (4) (d).
SB194,6,2323
(c) The inspector may do any of the following:
SB194,6,2524
1. Enter any building at a reasonable hour for the purpose of inspecting, or
25gathering information about, any thermal system insulation or fire-stop product.
SB194,7,4
12. Issue an order requiring the owner of a building to make repairs or
2alterations that the inspector determines are necessary in order for the building to
3comply with the standards established by the department under sub. (4) (d). The
4inspector shall issue such an order in writing.
SB194,7,6
5(4) Rules. The department shall promulgate rules establishing all of the
6following: