2:00 p.m. Campus Drive
Handicapped FOND DU LAC, WI
Accessible
December 13, 1996 UW Cooperative Extension--
Friday Lower Level Conference Room
11:00 a.m. to Iowa Co.Courthouse(New Addition)
2:00 p.m. 222 North Iowa St.
Handicapped DODGEVILLE, WI
Accessible
Analysis
Statutory authority: ss. 96.05 and 96.08
Statute interpreted: s. 96.11
The proposed rule amends s. ATCP 143.06 (1) by increasing the assessment rate under the corn marketing order from one-tenth of one cent ($0.001) per bushel to one-half of one cent ($0.005) per bushel.
The proposed amendment must be approved by more than 50% of the affected corn producers voting in a referendum before the increased assessment rate becomes effective. If corn growers or affected producers approve the referendum, the Department intends to have the amended marketing order in effect in the fall of 1997 for the harvest and sale of corn grown in 1997 and subsequent years.
BACKGROUND
The corn marketing order (ch. ATCP 143, Wis. Adm. Code) was created in 1983 and requires all producers of corn sold into commercial channels to pay an assessment at the rate of one-tenth of one cent ($0.001) per bushel. The funds are used for financing research, market development, and educational programs related to corn sales.
Each producer selling corn into commercial channels is liable for payment of the assessment under the corn marketing order. Handlers and dealers taking title to corn sold to them by producers are responsible for collecting the assessment from amounts due the producers. Under the marketing order, a producer may request a refund of the assessment which the producer paid into the marketing order.
The rate of assessment has not changed since the marketing order became effective on February 1, 1983.
The Wisconsin Corn Growers Association has petitioned the Department Secretary to amend the marketing order to increase the assessment rate to one-half of one cent ($0.005) per bushel. The increase is projected to generate an additional $400,000 in assessment revenue annually.
Fiscal Estimate
The Department would incur one-time costs of $35,000 to cover administrative costs related to the rule amendment process. The Wisconsin Corn Growers Association has signed an agreement with the Department to fully reimburse the agency for the cost of adoption. There will be no net fiscal impact to the Department.
Initial Regulatory Flexibility Analysis
The proposed amendment will not have a significant economic impact on small businesses. The corn marketing order provides for a refund which enables a producer to receive a refund upon submitting proof satisfactory to the marketing board that the assessment for which the refund is requested has been paid.
Notice of Hearings
Department of Commerce
(Building & Heating, etc., Chs. ILHR 50-64)
(Multifamily Dwellings, Ch. ILHR 66)
(Barrier-Free Design, Ch. ILHR 69)
(Historic Buildings, Ch. ILHR 70)
Notice is given that pursuant to ss.101.02 (15) and 101.13, Stats., the Department of Commerce proposes to hold public hearings to consider the revision of rules under chs. ILHR 51, 52, 66, 69 and 70, Wis. Adm. Code, relating to Barrier-free Design.
Hearing Information
December 9, 1996 Wausau
Monday North Central Technical Institute
11:00 a.m. Room 450/451
1000 Campus Drive
December 10, 1996 Madison
Tuesday Room 103 Conf. Room
11:00 a.m. GEF-I, State Office Bldg.
201 E. Washington Ave.
December 17, 1996 Milwaukee
Tuesday Multi-Media Center
10:30 a.m. Goodwill Industries
6055 North 91st. Street
A copy of the rules to be considered may be obtained from the Department of Commerce, Division of Safety and Buildings, 201 East Washington Avenue, P.O. Box 7969, Madison, Wisconsin 53707, by calling (608) 261-6546 or at the appointed times and places the hearings are held.
Interested persons are invited to appear at the hearings 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 hearings, or who wish to supplement testimony offered at the hearings, may be submitted no later than January 6, 1997, for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to Diane Meredith 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 individual responses. These hearings are held in accessible facilities.
If you have special needs or circumstances which may make communication or accessibility difficult at the hearing, please call (608) 266-8982 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 of Proposed Rules
Statutory Authority: ss. 101.02 and 101.13
Statute Interpreted: s. 101.13
The purpose of ch. ILHR 69 and the other accessibility related code chapters is to insure that any public building or facility is designed, constructed, and altered to be accessible and usable by people with disabilities.
The proposed changes are in response to 1995 Wis. Act 27 that eliminated the percentage requirements for remodeled buildings and to concerns raised by users of the code. The following is a summary of the major changes being proposed in ch. ILHR 69 and the other accessibility related code chapters.
1. Eliminate the requirement in the Building Code that prohibits the use of open risers. The requirements in ADAAG 4.1.3 (4) allow open risers under certain conditions. [ILHR 51.16 (4) (a) 1.]
2. Create acceptable installation heights for water fountains accommodating persons who have difficulty stooping. [ILHR 52.60 (4)]
3. Add to s. ILHR 66.38 (4) (a) 2. an informational note clarifying that a stairway adjacent to a ramp is considered a stairway on an accessible route. [ILHR 66.38 (4) (a) 2.]
4. Establish minimum construction requirements for existing buildings that are converted from a non-covered occupancy to a covered occupancy under the Building Code. [ILHR 69.03 (3) (b)]
5. Create rules covering maintenance of facilities and describing department authority. [ILHR 69.045 and 69.11 (2)]
6. Eliminate the requirements for a petition for variance to be submitted when an owner is justifying disproportionality or is applying the alternate technical provisions specified in ADAAG 4.1.6 (3). [ILHR 69.10 (3) and ILHR 69.20 (1)]
7. Incorporate by reference the national standards for automatic doors, American National Standards Institute (ANSI) A156.10-1991 and A156.19-1990 as specified in ADAAG 4.13.12. [ILHR 69.105 and 69.29 (3)]
8. Clarify the accessibility requirements to be applied to places of worship. [ILHR 69.16]
9. Clarify the parking sign requirements to permit owners to identify employee parking spaces with signs other than the TRANS 200 sign. [ILHR 69.17 (2) (b)]
10. Clarify that all buildings and facilities are required to comply with chapter ILHR 69. [ILHR 69.18 (1)]
11. Clarify the accessible route requirements in buildings less than 3 stories and with a gross area less than 20,000 square feet. An accessible route shall be provided to all areas of the accessible floor level raised or depressed by not more than 3 feet. Where common-use areas, such as lunchrooms and meeting rooms, are provided in the building or facility, the accessible floor level shall contain at least one of each type of common-use areas. [ILHR 69.18 (1m)]
12. Clarify the accessible route requirements for buildings less than 3 stories and with a gross area 20,000 square feet or more. Vertical access shall be provided to mezzanines containing common-use and public-use areas. Vertical access will not be required to mezzanines containing additional employment areas. Permit the use of vertical wheelchair lifts and limited-use elevators to provide vertical access between floor levels. [ILHR 69.18 (2) (b)]
13. Allow an exemption for an accessible route to floors used entirely for storage. [ILHR 69.18 (2) (a) 2. and (b) 2.]
14. Clarify when areas of rescue assistance are required. [ILHR 69.18 (3)]
15. Repeal the requirements relating to unisex toilet rooms to be consistent with 1995 Wis. Act 285. [ILHR 69.18 (4)]
16. Repeal the percentage of remodeling of requiremens to be consistent with 1995 Wis. Act 27. [ILHR 69.19 and 69.20]
17. Clarify that a petition for variance will not required when alterations to an existing building comply with the technical provisions specified in ADAAG 4.1 6 (3). [ILHR 69.20 (1) (a)]
18. Clarify that residential elevators are restricted for use in existing churches only. [ILHR 69.20 (3) (c)]
19. Revise the accessibility requirements for historical buildings to be consistent with the minimum accessibility requirements specified in ADAAG 4.1.7. [ILHR 69.21, 70.42, 70.43 and 70.44]
20. Clarify the parking access aisle must lead to an accessible route in front of the parking spaces. [ILHR 69.245]
21. Eliminate the sentence relating to open risers under the guardrail section, since it does not apply. [ILHR 69.26 (2)]
22. Allow handrails in elevators to have shapes differing from ADAAG 4.26 and require certain shaped handrails to be used at stairways and ramps. [ILHR 69.275 and 69.36 (1)]
23. Specify the minimum platform sizes for wheelchair platform lifts and limited-use elevators, but eliminate the minimum shaft sizes. [ILHR 69.28 (2)]
24. Specify, in Figure 25, the “x” dimension is 12 inches, if the door has a latch. [ILHR 69.29]
25. Clarify requirements relating to shower spray units in bathtubs and showers, and clear floor space at bathtubs. [ILHR 69.33, 69.34 (2), 69.35 (2)]
26. Specify that accessible seating in bleacher-type seating must be located within the first row of permanent seating. [ILHR 69.375]
27. Create minimum requirements for mini-storage buildings. [ILHR 69.415(2)]
28. Clarify requirements relating to accessible transient lodging. [ILHR 69.42]
The proposed rules have been developed with the assistance of the Barrier-free Design Advisory Committee. The members of that citizen advisory committee are as follows:
Kayleen Brereton Public member
Cleo Eliason Easter Seals Society of Wisconsin, Inc.
Chuck Hanson American Society of Civil Engineers
Mary Lawson Wisconsin Society of Architects
Len Linzmeier Wisconsin Builders Assoc.
Jim Mather Department of Health and Social Services
Richard Pomo Department of Administration
Edward Solner Wisconsin Society of Architects
Dave Wheaton Southeastern Wisconsin Building Inspectors Assoc.
Paul Yochum Governor's Committee for People with Disabilities
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Small architectural, engineering and plumbing design firms will be affected by the proposed rules. When a small business operator is remodeling or altering an existing building or constructing a new building, the remodeling, alteration or new construction must comply with the proposed rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Small architectural, engineering and plumbing design firms will be affected by the proposed rules. When a small business operator is remodeling or altering an existing building or constructing a new building, the remodeling, alteration or new construction must comply with the proposed rules.
