EMERGENCY RULES NOW IN EFFECT
Workforce Development
(Wage Rates, Chs. ILHR 290-294)
Rules adopted revising ch. ILHR 290, relating to the determination of prevailing wage rates for workers employed on state or local public works projects.
Finding of Emergency
The Department of Workforce Development finds that an emergency exists and that rules are necessary for the immediate preservation of the public peace, health, safety and welfare. A statement of the facts constituting the emergency is:
On December 11, 1996, this Department adopted an emergency rule and began permanent rulemaking to amend the former ch. ILHR 290, Wis. Adm. Code, in accordance with 1995 Act 215, which enacted changes in the laws governing the determination of prevailing wage rates for state and local public works projects. Among the provisions of that emergency rule was a section on the classification of subjourneypersons.
The initial emergency rule will expire on May 10, 1997. The Department has developed a different provision on subjourneypersons which it is submitting for legislative committee review as a part of the permanent rule in its proposed final draft stage. In the meantime, it is necessary to have a formal policy on subjourneypersons in effect so that the Department may continue to issue wage determinations on state and local public works projects without causing the projects to be delayed. Therefore, the Department is adopting the new subjourneyperson policy, and related procedural provisions, as an emergency rule.
Publication Date:
May 10, 1997
Effective Date:
May 10, 1997
Expiration Date:
October 8, 1997
Hearing Date:
June 19, 1997
[See Notice this Register]
Statements of Scope of Proposed Rules
Architects, Landscape Architects, Professional Geologists, Professional Engineers, Designers and Land Surveyors Examining Board
Subject:
Chs. A-E 1 to 10 - Rules relating to the professional practice of architects, landscape architects, professional geologists, professional engineers, designers and land surveyors.
Description of policy issues:
Objective of the rule:
Clarify and update administrative rules.
1) Update architect application and experience provisions.
2) Recreate section on reexamination procedures which was dropped from the professional engineer rules in 1984.
3) Modify application deadline for landscape architect examination candidates.
4) Define time period for experience submitted for licensure as a professional geologist.
5) Expand qualification for professional references for comity applicants.
Policy analysis:
Existing policies are in chs. A-E 1-10, Wis. Adm. Code. The proposal would change these policies to:
1) Remove the Intern Development Program (IDP) table of required training and directs interns to contact the Department for most current requirements in order that the Board can keep the IDP program up-to-date without the delay of constant rule changes.
2) Eliminate the requirement that applicants for the national architect examination has filed an application two months prior to the examination to reflect the fact that the examination is available by computer and individually scheduled for each applicant.
3) Require that materials verifying qualifications of examination applicants be filed no later than 90 days before the date of the examinafion to allow time to process materials and communicate with applicants.
4) Add reexamination procedures that were inadvertently left out of the procedures for professional engineers.
5) Clarify that the professional engineer section permits the section to deny applications of individuals who have been out of practice for many years by required experience to be from within the previous 10 years.
6) Professional geologist applicants who apply by comity may use references from the state in which the applicant is currently licensed.
Statutory authority:
Sections 15.08 (5) (b), 227.11 (2), 440.05 and ch. 443, Stats.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
20 hours.
Commerce
Subject:
Chs. ILHR 20 to 25 - Uniform Dwelling Code
Description of policy issues:
Part 1. Description of the objective of the rule:
The Uniform Dwelling Code establishes statewide uniform construction and inspection rules for 1-2 family dwellings.
The statutes require the Department to review the rules of the Uniform Dwelling Code every two years. The Department is required to revise the rules after consultation with the Uniform Dwelling Code Council, which is appointed by the Governor. The code was last updated in December, 1995. This code update series is scheduled for implementation around December 1997.
Part 2. Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
The following issues were identified by the Department and the Uniform Dwelling Code Council to be in need of review and clarification so as to facilitate application of the rules by homeowners, builders and inspectors.
1. Bedroom definition - Clarify application of bedroom egress, light and ventilation requirements for habitable rooms and basement rooms likely to be used as bedrooms.
2. Safety glazing - Consider adopting Federal Safety Glazing Act standards to make Wisconsin's code more uniform with other neighboring states to facilitate application of these codes by builders and inspectors.
3. Fire Separation - Clarify or establish fire separation requirements between condominiums, 1-2 family dwellings and other buildings/structures on adjacent properties.
4. Egress Hardware - Clarify prohibition of keyed deadbolts in egress doors.
5. Ch. 22 Energy Conservation - Complete work started in 1994 pursuant to directives from the U.S. Department of Energy for states to review their energy standards for compliance with the CABO Model Energy Code 1992.
6. Sump Pumps - Clarify and/or establish new requirements for sump pumps where drainage systems are not required, but systems are fully or partially installed.
7. Draftstopping - Clarify contradictions or conflicts in the existing code with respect to spread of fire through or between firewalls, partitions and floors.
8. Floor stiffness - Clarify definitions of live and dead load requirements related to design of floors supporting kitchens and bathroom cabinets, appliances and fixtures.
9. Inspector Training - Consider increasing inspector training requirements to improve understanding and application of construction codes.
10. Truss support and attachments - Consider adopting updated Truss Plate Institute Standards for attachments of trusses at both load bearing and non-load bearing walls.
11. Smoke detector location - Consider upgrading smoke detector required locations to improve detection and notification and to become more consistent with adjoining states and national code trends.
12. Notching and boring - Add notching and boring standards to top/bottom plates to improve construction practices.
13. Egress windows - Clarify inconsistency in minimum width requirements by eliminating special consideration for casement type windows.
14. Interior circulation - Clarify width of doors within bathrooms to allow access to fixtures. Also clarify text relating to bedroom door width.
15. Plumbing rules affecting Uniform Dwellings. - Review, adopt and clarify in the Uniform Dwelling code, any rule implemented in the Plumbing Codes that applies to 1-2 Family Dwellings.
Policy alternatives will be discussed during the council meetings. One alternative would be to leave the code as written; however, all of the above items scheduled for review have been identified by inspectors, builders and/or the Department as needing clarification or change to facilitate the understanding and application of the rules for construction and inspection of 1-2 family dwellings. In addition to the topics listed above, there are a number of code interpretations that must be incorporated, as well as a number of corrections and miscellaneous administrative and topical changes. Additional changes may be identified and proposed as a result of public hearing input.
Statutory authority for the rule:
Applicable sections of Wisconsin Statutes:
101.60 Establishes statewide construction standards for 1-2 family dwellings.
101.63 Requires Department to establish standards for construction and inspection.
101.63 (5) Requires Department to biennially review rules adopted.
101.64 (3) Permits Department to revise rules after consultation with dwelling code council.
Estimate of the amount of time that state employes will spend to develop the rule and of other resources necessary to develop the rule:
The following is the estimated work time between 10/96 and 11/97 that staff will be involved in these code change issues:
Dwelling code council meetings -
Average of 40 hr. x 8 meetings = 320 hr.
Code topics research, language drafts -
Average of 30 hr. x 15 topics = 450 hr.
Hearings, responses, revisions, etc. -
Average of 25 hr. x 15 topics = 375 hr.
Environmental assessment = 100 hr.
Total = 1,245 hr.
Commerce
Subject:
Chs. Comm 2, 5 and 18 - Relating to inspection of elevators and mechanical lifting devices.
Description of policy issues:
Description of the objective of the rule:
The rules are being changed to allow the Department to utilize additional inspectors to reduce the current backlog of elevator inspections.
Description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
a) Existing policies. The Department inspects elevators and mechanical lifting devices to ensure these units are installed and operating in accordance with the elevator safety rules. Currently, the Department has a backlog of elevator inspections. To ensure the citizens of Wisconsin are safe when using elevators and other mechanical lifting devices, the Department must increase the number of people performing these safety inspections. On May 4, 1997, the Department published an emergency rule to change the fee code and to permit people holding a national certification as an elevator inspector to obtain an elevator inspector credential without taking another examination. The emergency rule is effective on June 1, 1997.
