January 16, 1996 Room 291
Tuesday Washington Sqr. Office Bldg.
From 1:00 p.m. 1414 E. Washington Ave.
to 3:00 p.m. MADISON, WI
The hearing site is fully accessible to people with disabilities.
Analysis Prepared by the Dept. of Health & Social Services
These rules implement the requirement in s. 254.151, Stats., as amended by 1995 Wis. Act 27, that the Department establish criteria by rule for the award of grants:
1) To fund educational programs, including programs for health care providers about the dangers of lead poisoning or exposure to lead;
2) To fund lead poisoning or lead exposure screening, care coordination and follow-up services, including lead inspections, for or on behalf of children under the age of 6 not covered by third-party payers;
3) To fund administration and enforcement activities of local health departments that, under s. 254.152, Stats., are designated by the Department to be its agents for administration and enforcement of ss. 254.11 to 254.178, Stats.
The grant program was established in mid-1994. The requirement that the Department's criteria for awarding grants be set out in rules was added by Act 27 in mid-1995. The amount available in the appropriation for grant awards is $879,000 for each year of the 1995-97 biennium.
Similar emergency rules were published on December 5, 1995. These are the replacement permanent rules.
The rules identify who may apply for a grant, describe the application process, provide for preliminary review of applications by the Department for compliance with format and content requirements set out in the relevant request for proposals (RFP), provide for evaluation of applications by one or more review committees appointed by the Department and specify 14 criteria for use in that final review, note that the Department will award grants based on the recommendations of the review committee or committees and taking into consideration other specified factors and describe the awards process and conditions imposed when awarding grants.
Contact Person
To find out more about the hearings or to request a copy of the rules, write or phone:
Bill Otto, (608) 266-9337 or,
if you are hearing-impaired, (608) 266-1511 (TDD)
Lead Poisoning Prevention Program
Bureau of Public Health
1414 East Washington Ave., Room 96
Madison, WI 53703
If you are hearing- or visually-impaired, do not speak English, or have other personal circumstances which might make communication at a hearing difficult and if you, therefore, require an interpreter, or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written Comments
Written comments on the proposed rules received by the person at the above address no later than January 23, 1996, will receive the same consideration as testimony presented at a hearing.
Fiscal Estimate
These rules establish criteria for awarding lead poisoning or lead exposure prevention grants under s. 254.151, Stats., as renumbered and amended by 1995 Wis. Act 27. Rules are required under s. 254.151 (intro.), Stats., as renumbered and amended by Act 27.
The rules will not affect the expenditures or revenues of state government or local governments. The grant program was established in 1994. The requirement that the criteria for awarding grants be set out in rules was added in 1995. The rules do not affect the monies made available for distribution or the costs to the Department for administration of this grant program. County public health agencies and private nonprofit agencies working in collaboration with them may apply for grants but there is no requirement that a county agency apply for a grant.
Initial Regulatory Flexibility Analysis
These rules apply to the Department and to local health departments and collaborative nonprofit agencies that apply for a grant or receive a grant under these rules. The rules will not directly affect small businesses, as “small business” is defined in s. 227.114 (1) (a), Stats.
Industry, Labor & Human Relations
(Credentials, Ch. ILHR 5)
Notice is given that pursuant to ss. 101.02 (1), 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.63 (2) and (2m), 101.73 (5), 101.82 (2), 101.87 (1), 145.02 (4), 145.045 (1), 145.165 (1), 145.17 (2), 145.175 and 167.10 (6m) (e), Stats., the Department of Industry, Labor & Human Relations proposes to hold a public hearing to consider the adoption of ch. ILHR 5, Wis. Adm. Code, relating to credentials administered and enforced by the Division of Safety and Buildings.
Hearing Information
January 18, 1996 Capital View
Thursday East Side Business Men's Assoc.
10:00 a.m. 3735 Monona Drive
Madison
Copies of Rules
A copy of the rules to be considered may be obtained from the State Department of Industry, Labor & Human Relations, Division of Safety and Buildings, 201 East Washington Avenue, P.O. Box 7969, Madison, WI 53707, by calling (608) 266-9375 or at the appointed time and place the hearing is held.
Written Comments
Interested persons are invited to appear at the hearing and will be afforded the opportunity of making an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, views and suggested rewording in writing. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearing, may be submitted no later than January 31, 1996, for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to James Quast at the address noted above. Written comments will be given the same consideration as testimony presented at the hearings. Persons submitting comments will not receive individuals responses.
The hearing is held in an accessible facility. If you have special needs or circumstances which may make communication or accessibility difficult at the hearing, please call (608) 266-9375 or Telecommunication Device for the Deaf (TDD) at (608) 264-8777 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 on request by a person with a disability.
Analysis
Statutory Authority: ss. 101.02 (1), 101.09 (3) (c), 101.122 (2) (c), 101.143 (2) (g), 101.63 (2) and (2m), 101.73 (5), 101.82 (2), 101.87 (1), 145.02 (4), 145.045 (1), 145.165 (1),145.17 (2), 145.175, and 167.10 (6m) (e).
Statutes Interpreted: ss. 101.11 (1), 101.12 (3) (br) to (e) and (g), 101.14 (4) (a), 101.15 (2), (3), 101.177 (2) to (4), 101.178 (2) and (3)(a), 101.653 (2), 101.654, 101.66 (2), 101.75 (1), and 101.973 (10), 145.03, 145.07, 145.08, 145.14 and 145.16.
To enhance public health, safety and welfare, people and businesses are either mandated or permitted to obtain specific credentials - licenses, certifications or registrations, under chs. 101, 145 and 167, of the Wisconsin State Statutes. In most cases the credentials related to activities associated with the construction of buildings and structures, or specific components and elements that serve buildings and structures. The enclosed rules reflect those credentials that the Division of Safety and Buildings, Department of Industry, Labor and Human Relations has been delegated the responsibility of administering and enforcing.
The enclosed draft of chapter ILHR 5 is a consolidation into a single code of all of the credentials administered by the Division of Safety and Buildings. Currently, the requirements for the credentials are scattered throughout a dozen different codes. The draft reflects the division's “Best Practice” reengineering efforts to simplify and make more efficient the credentialing processes employed across all programs. The credentialing processes are reflected in subch. I of the code and include such processes as examinations, fees, suspensions and revocations. The credential fees contained in the draft in most cases simply reflect a restructuring in how the fees are to be assessed. The revised fees structure is not to increase the revenues collected by the division. In some cases, the fee for a credential may appear to be higher than that currently charged, but the changes in the amount reflect that the term of the credential has been extended for a longer period of time. For example, inspector certifications will be good for two years rather than one year.
Besides the changes relative to processes, the proposed draft of ch. ILHR 5 contains several substantive policy revisions of current requirements. Specific changes include:
* ILHR 5.06 Unless limited by the statutes, credential terms have been extended to at least 2 years. In most cases, those credentials that currently have terms greater than 2 years have remained at the same length.
* ILHR 5.08 For those credential categories that require continuing education for credential renewal, the division will no longer act as the sole source for providing the continuing education. The rules establish a process by which other parties may obtain department approval for continuing education courses or programs that the parties wish to sponsor or provide.
* ILHR 5.20 The number of classes for blaster licenses has been increased from 5 to 7 types. Also, blasters will no longer be slotted into specific subcategories of the classes, but will be permitted to undertake all the activities specified under the class.
* ILHR 5.30 The codification of the process by which the department will recognize an organization to repair boilers and pressure vessels.
* ILHR 5.35 The codification of the process by which the department will recognize individuals who conduct welding tests for the purpose of qualifying structural welders.
* Subchapter IV The continuing education obligations for electrical credentials are clarified, including which credential categories need continuing education, and specifically how much - 18 hours for master electricians and journeyman electricians. Also the qualifications to take the master electrician and journeyman electrician examinations are revised to require practical experience of 1,000 hours per year for 7 years and 5 years, respectively, in order to be consistent with changes in the electrical apprenticeship program.
* ILHR 5.51 & 5.54 The credentials for automatic fire sprinkler contractor and automatic fire sprinkler contractor-maintenance are to be issued to the individual who takes and passes the credential test, rather than to the business for which the person works.
* ILHR 5.56 Revisions clarify which inspections and tests for maintaining automatic fire sprinkler systems must be conducted by credentialed individuals. The revisions include the establishment of a new credential category for an automatic fire sprinkler system tester.
* Subchapter VI The revised code no longer references certified independent inspection agencies for one- and 2-family dwellings and manufactured buildings, in light of the fact that all inspections are statutorily mandated to be performed by certified individuals.
* ILHR 5.60 The qualifications to become a boiler-pressure vessel inspector will remain the same (passing the national board examination), but who may become a certified inspector is no longer limited to department or municipal employes, insurance company employes, or boiler owners and operators.
* ILHR 5.63 The credential category of “restricted” electrical inspector will be eliminated and current individuals who hold that credential will eventually be issued a “full” electrical inspector credential.
* ILHR 5.70 The present registrations of HVAC contractors, refrigerant sellers and refrigerant servicers are proposed to be consolidated into one credential type, HVAC contractor. This is to recognize the overlap in activities and eliminated the need for obtaining separate credentials.
* ILHR 5.71 The HVAC contractor certification for a business has been eliminated. By rule an entity which utilizes an individual who holds an HVAC certification will be deemed to be certified business alleviating the need to obtain a local license or certification to engage in the business of installing or servicing HVAC equipment and systems. Under the statutes, local governments determine the need, responsibilities, and recognition of the HVAC certifications.
* ILHR 5.72 - The qualifications to be a department certified refrigerant handling technician will now reflect the necessity to be recognized by the federal Environmental Protection Agency.
* Subchapter VIII. The renewal of credentials relating to petroleum tank systems-installers, cleaners, remover liners, inspectors-will now be contingent upon fulfilling continuing education requirements, rather than having to take and pass an examination.
* ILHR 5.91 & 5.92 For master plumbers and master plumbers-restricted, the ability and responsibility to utilize the appropriate credentialed persons for doing plumbing installations has been clarified.
* ILHR 5.95 The draft does not contain specific educational course work for plumbing apprentices. Rather, the educational obligations will be administered through the department's Bureau of Apprenticeship Standards.
* ILHR 5.97 In order to obtain the credential, plumbing utility contractors will now be required to take and pass an exam instead of just using letters of recommendation.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules of ch. ILHR 5 consolidating the existing credentializing processes administered by the Division of Safety and Buildings into a single code may impact businesses involved with blasting; manufacturing fireworks; soil testing; building dwellings; installing electrical work; installing and maintaining automatic fire sprinkler systems; inspecting boilers, pressure vessels, electrical work, buildings, dwellings, elevators, petroleum tank systems; private sewage systems and rental units; installing and servicing heating, ventilating, air conditioning and refrigeration systems and equipment; installing and remediating petroleum tank system; and installing plumbing.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
People and business are either mandated or permitted to obtain specific credentials under chs. 101, 145 and 167, Stats., to engage in certain activities associated with construction. Chapter ILHR 5 delineates the activities permitted under each credential type as well as the responsibilities that must be fulfilled under the credential.
3. Types of professional skills necessary for compliance with the rules.
The rules of ch. ILHR 5 delineate the necessary qualifications, experience, and in some cases, the passage of an examination in order to obtain a credential.
Fiscal Estimate
The credential fees contained in the draft in most cases simply reflect a restructuring in how the current fees are to be assessed. The revised fee structure is not to increase the revenues collected by the division. In some cases, the fees for a credential reflect that the term of the credential has been extended for a longer period of time.
Two exceptions are:
The certification of a refrigerant handling technician will now have a term length of 3 years instead of the current “lifetime” status. The fee to renew the certification will be $15.00. This should result in annual revenues of approximately $70,000. This increase of revenues will be offset by the combining of two separate business credentials for HVAC work and refrigeration equipment servicing into a single credential recognizing both disciplines. This should result in a decrease of about $75,000 in annual revenues.
The revisions also establish a credential for individuals to test automatic fire sprinkler systems. The department estimates that eventually 250 individuals may obtain this credential which will result in an annual revenue gain of $11,250. The work load generated by this new credential will be absorbed within current resources.
Natural Resources
(Fish, Game, etc., Chs. NR 1--)
Notice is hereby given that pursuant to s. 227.11 (2), Stats., interpreting s. 29.09 (9r), Stats., the Department of Natural Resources will hold public hearings on the creation of s. NR 19.02, Wis. Adm. Code, relating to handling fees for Department approvals.
Analysis
The budget contained statutory language authorizing the Department to charge a handling fee for licenses, stamps, permits and other approvals which are issued by the Department and ordered by mail, telephone or electronic means. Under the proposed rule, the handling fee only applies to an approval which can be purchased in person and by mail, telephone or electronic means but the customer prefers the convenience of ordering by mail, telephone or electronic means. Any approvals which are purchased in person or can only be purchased by mail, phone or electronic means do not have a handling fee.
