July 7, 1997 Room 103 GEF-1 State Office Bldg.
Monday 201 E. Washington Ave.
1:00 p.m. Madison
July 8, 1997 Room E101
Tuesday Northcentral Technical College
11:00 a.m. 1000 Campus Drive
Wausau
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 July 25, 1997, for inclusion in the summary of public comments submitted to the legislature,. Any such comments should be submitted to Ronald Acker, at the address noted above. Written comments will be give the same consideration as testimony presented at the hearings. Persons submitted 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) 261-6546 or Telecommunication Device for the 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: S. 101.92 (1m)
Statute Interpreted: S. 101.92 (1m)
The Division of Safety and Buildings within the Department of Commerce is responsible for administering rules for the safe and sanitary design and construction of manufactured homes. Chapter Comm 27 contains safety and health standards for manufactured homes that are constructed, distributed, sold or offered for sale in the state of Wisconsin.
The proposed rules consist of revisions to chapter Comm 27 relating to the installation of piers for new manufactured homes. The proposed rules include requirements for site preparation, footings, pier construction, pier location, pier caps and shims, and clearances. The proposed rules require footings under every pier and the removal of all top soil from the area beneath any footing. The piers may be constructed of concrete blocks, manufactured steel stands or manufactured concrete stands. The piers must be placed at specified intervals under the main frame of the home, no more than 3 feet from the end of the home, and under center mating walls. The proposed rules also include minimum clearance requirements beneath the main frame.
The proposed rules are consistent with the pier installation standards established by the American National Standards Institute in standard A225.1. Also, the proposed rules have been developed with the assistance of the following 11-member advisory committee.
Name Representing
Clifford Bader, Jr. Pier Installers
William M. Baudhuin Public Interest
Dale Dolata Pier Installers
David R. Friday Public Interest
James E. Garski Manufactured Home
Industry
Terry Halverson Department of Commerce
Dave Perret Park Licensees
Scott E. Slattery Manufactured Home
Industry
Char Thompson Public Interest
Nader Tomasbi Manufacturers
Gerald “Mike” Zenner Manufacturers
Because the rules for licensing of manufactured home manufacturers were previously moved to chapter Comm 5, the proposed rules also include the removal of the references to licensing in the Purpose and Scope of chapter Comm 27.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter ILHR 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The rules will affect any business involved with the installation of piers for new manufactured homes.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no reporting, bookkeeping or similar procedures required for compliance with the rules.
3. Types of professional skills necessary for compliance with the rules.
There are no professional skills necessary for compliance with the rules.
Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing chapter Comm 27. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing chapter Comm 27. Any additional workload costs created by the new pier installation rules will be offset by the respective fees. Therefore, the proposed rules will not have any fiscal effect on the Division.
Local municipalities may voluntarily enforce chapter Comm 27, and they have the authority to offset any costs by charging appropriate fees.
Notice of Hearings
Public Instruction
Notice is hereby given that pursuant to ss. 115.28 (7), 121.02 (1) (a) and (5) and 227.11 (2) (a), Stats., and interpreting ss. 115.28 (7) and 121.02 (1) (L), Stats., the Department of Public Instruction will hold public hearings as follows to consider emergency and proposed permanent rules relating to teacher certification requirements, certification program requirements, and Standard (L).
Hearing Information
The hearings will be held as follows:
July 8, 1997 Room 041
Tuesday GEF 3 Building
4:00 p.m. - 125 South Webster St.
6:00 p.m. MADISON, WI
July 9, 1997 Room 233
Wednesday UW Center-Marathon County
4:00 p.m. - 518 South 7th Ave.
6:00 p.m. WAUSAU, WI
The hearing sites are fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Peter Burke, Director of Teacher Education and Licensing, Division for Learning Support: Instructional Services, at (608) 266-1879 or leave a message with the Teletypewriter (TTY) at (608) 267-2427 at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.
Copies of Rule and Contact Person
A copy of the proposed rule and the fiscal estimate may be obtained by writing to:
Lori Slauson
Administrative Rules & Federal Grants Coordinator
Department of Public Instruction
125 South Webster Street
P.O. Box 7841
Madison, WI 53707
Written comments on the proposed rules received by Ms. Slauson at the above address no later than July 14, 1997, will be given the same consideration as testimony presented at the hearing.
Analysis by the Department of Public Instruction
Section 115.28 (7), Stats., requires the state superintendent of public instruction to license all teachers for the public schools and to make rules establishing standards of attainment for licensure. Chapter PI 3 contains the requirements which an individual must meet to be licensed in Wisconsin. Chapter PI 4 contains the procedures and standards for approval of professional education programs leading to licensure.
Section 121.02 (5), Stats., requires the state superintendent of public instruction to promulgate rules relating to school district standards. Chapter PI 8 contains the 20 standards that each school board is required to meet. One of these standards, Standard (L), requires that instruction be provided at specified grade levels in reading, language arts, mathematics, science, social studies, etc.
The rules include modifications made to chs. PI 3, 4 and 8 as follows:
Educational interpreter: Amend s. PI 3.03 (2) (e), relating to educational interpreter license renewal criteria. This amendment would incorporate an educational interpreter performance assessment as a requirement for license renewal. Educational interpreters who work as oral or cued speech interpreters would be exempt from this renewal requirement.
General requirements for a license: Amend s. PI 3.05 (3m) (g), relating to special subject areas, special education and pupil services requirements pertaining to the general requirements to receive a license. This amendment would replace the requirement that applicants complete 6 semester credits in reading and language arts with a requirement that one discrete course be completed in reading and language arts.
Driver education: Amend s. PI 3.13, relating to driver education licenses. This amendment would allow the department to take action on individuals holding a driver education license who do not maintain an acceptable driving record. This amendment would also add another option to the driver education license renewal criteria.
Cognitive disabilities: Amend s. PI 3.26, relating to mild or moderate cognitive disabilities licenses and eliminate s. PI 3.27, relating to severely handicapped licenses. Current rules allow individuals holding a mild or moderate cognitive disabilities - 806 license to teach severely handicapped children but does not allow individuals holding a severely handicapped - 807 license to teach children with mild or moderate cognitive disabilities. This amendment would combine the two licenses into one comprehensive license covering the full range of severity of cognitive disabilities. Corresponding changes will be made to cognitive disability program requirements under ss. PI 4.65 and 4.66.
Speech and language: Amend s. PI 3.35, relating to speech and language pathology licenses. This amendment would eliminate redundancy, clarify, and consolidate rules so that they can be more easily read and understood. Corresponding changes will be made to the speech and language pathology program requirements under s. PI 4.78.
Assistive technology: Create s. PI 3.38 (3), relating to a license in assistive technology. This proposal would require specialized training in the applications of assistive technology to facilitate communication for students with exceptional educational needs. This proposal would also allow physical and occupational therapists, in addition to special education teachers, to receive such a license.
Human relations, relating to genocide, slavery and the Holocaust: Amend ss. PI 3.05 (2m) (a), 4.11 (2) and 8.01 (2) (L), relating to human relations and instruction requirements. This amendment would:
⇒ Require the study of human rights issues related to genocide, slavery and the Holocaust in order to receive a license to teach.
⇒ Require a licensure program to require the study of human rights issues related to genocide, slavery and the Holocaust.
⇒ Require instruction in human rights issues related to genocide, slavery and the Holocaust in grades 5-12.
Special education program requirements: Repeal and recreate subch. VII of ch. PI 4, relating to special education programs. Several minor amendments will be made to program areas relating to special education common rules, early childhood, emotional disturbance, hearing impaired, learning disabilities, cognitive disabilities, and speech and language to ensure that future special education teachers will be both available and adequately prepared to meet the needs identified by the field. These changes are also based on the Department's evaluation of licensure programs made every five years. Most licensure programs have already amended their programs based on the Department's evaluation.
Finally, one of the provisions under
Clearinghouse Rule 96-60 was to authorize the state superintendent to grant exemptions on required test scores for out-of-state graduates. The modification was made under s. PI 3.05 (7) (b) 2 and should have been placed under s. PI 3.05 (7) (a). This rule modification will correct this misplacement.
The Department will promulgate these rules as emergency rules effective July 1, 1997. Persons applying for licenses and universities providing programs that lead to licensure should have little difficulty in meeting these rule requirements. Initial applicability sections have been listed at the end of the rule to help license applicants and universities determine when the rule will affect licensure and program requirements.
