* 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.
The Department proposes to gradually phase-in use of a handling fee, beginning with telephone or mail orders from nonresidents for all applicable approvals and with a statewide renewal project for the deer gun, archery and hunters choice permits. The proposed rule specifies that the Department may establish a fee to cover its costs up to a maximum of $3.00. The Department proposes a blended fee of $2.40 for the first two years.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed rule will have an economic impact on small businesses.
Environmental Assessment
Notice is hereby further given that the Department has made a preliminary determination that this action does not involve significant adverse environmental effects and does not need an environmental analysis under ch. NR 150, Wis. Adm. Code; however, based on the comments received, the Department may prepare an environmental analysis before proceeding with the proposal. This environmental review document would summarize the Department's consideration of the impacts of the proposal and reasonable alternatives.
Hearing Information
Notice is hereby further given that the hearings will be held on:
January 11, 1996 Wausau Room
Thursday Marathon Co. Public Library
10:30 a.m. 300 North First St.
WAUSAU, WI
January 12, 1996 Room 611B, GEF #2
Friday 101 South Webster St.
10:30 a.m. MADISON, WI
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Marilyn Davis at (608) 267-7799 with specific information on your request at least 10 days before the date of the scheduled hearing.
Written Comments & Contact Information
Written comments on the proposed rule may be submitted to:
Ms. Marilyn Davis
DNR License Section
P.O. Box 7921
Madison, WI 53707
Written comments must be received no later than January 23, 1996, and will have the same weight and effect as oral statements presented at the hearings. A copy of the proposed rule [FN-39-95] and fiscal estimate may be obtained from Ms. Davis.
Fiscal Estimate
The proposed administrative rule establishes and describes the handling fees which may be charged for processing approvals ordered by mail, phone or electronic means. This authority is created in s. 29.09 (9r) of the 1995-97 biennial budget.
The handling fee will only apply to approvals which are available through extended purchasing options, (i.e., can be purchased in person
and by mail, telephone or electronic means. The fee only affects people who prefer the convenience of ordering by mail, phone or FAX. Although all approvals contained in chapter 29, Stats., are potential candidates for a handling fee, most approvals will not be immediately affected because they are not currently available through extended purchasing options.
This fiscal note is limited to those licenses and permits to be phased-in during the two year period following promulgation of the handling fee rule. During this time, the Department anticipates applying a handling fee on the following licenses and permits:
1) All licenses and permits sold to nonresidents by mail or phone by DNR central office staff; and
2) A special renewal project for the deer gun license, archery license and hunter's choice permits for residents and nonresidents.
Item cost and volume assumptions used in this fiscal note are based on actual experience from a pilot mailing in fall 1994 for deer gun licenses, archery licenses and hunter's choice permits. This pilot project mailed renewal notices to 30,000 hunters, offering them an opportunity to renew by mail with a check or credit card. In that pilot, 30% of all hunters who received the initial mailing responded by mail and ordered one or more approvals. FirStar Bank handled all orders, remittances and data capture work. DNR License and Registration Section administered the sale and call center activities.
The proposed rule allows for a handling fee of up to a maximum of $3.00; however, the Department proposes a $2.40 handling fee for the first two years of implementation. This handling fee is anticipated to cover the costs of ordering licenses and permits by mail or telephone, as described above.
Variable costs which the Department must cover in these extended purchasing options are:
1) Renewal notification;
2) Catalog or other mailer and postage;
3) Remittance and credit card;
4) Data conversion, data processing and related administration;
5) Printing, fulfillment and postage; and
6) Call center, (i.e., staff, telephones and services needed to process customer inquiries, orders and complaints).
Assumptions used to derive the annual cost of offering extended purchasing options in the 1995-97 biennium are itemized below for the deer gun, archery and hunter's choice project and for nonresident license and permit sales.
Deer Gun, Archery and Hunter's Choice Project
Based on anticipated sales volume for Fiscal Year (FY) 1995, the Department estimates that a total of 405,000 hunters will receive the initial mailing, and, as a result, 164,000 hunters will purchase their licenses and permits by mail using either a check or credit card.
400,000 residents with 40% response rate = 160,000
5,000 nonresidents with 80% response rate = 4,000
405,000 total 164,000
This fiscal note assumes the following:
1. Of the 164,000 respondents, 10% purchase all three approvals, 85% purchase a gun deer license and hunter's choice permit, and 5% purchase only one of the three approvals.
2. Of the 164,000 respondents, 60% use a credit card to pay for the approvals. Credit card transaction fees equal 2.62% of all revenues collected.
Cost of offering extended purchasing options to these 164,000 respondents is as follows:
Outbound renewal notification (incl. envelopes, inserts,
presort, printing, postage) $137,700
Inbound customer renewals (incl. lockbox charges,
sorting, data entry & processing, tape service
credit card transaction fees) $182,780
Mailing licenses and permits (incl. printing,
fulfillment charges, postage) $ 52,480
Administrative handling, (incl. reconciliation
design and procurement) $ 15,913
TOTAL $388,873
Avg. cost per applicant ($388,873/164,000) = $2.37
