Section 101.973 (2), Stats., requires the Department to biennially review the Uniform Multifamily Dwellings Code, ch. ILHR 66. It is anticipated that the review of the Code will identify potential code revisions necessary to:
⋅ Address code requirement clarity problems that have been discovered since the implementation of the Code on April 1, 1995;
⋅ Reflect new construction practices, products, standards, or materials, including fire prevention, fire containment, fire detection, fire suppression, and fire alarm systems;
⋅ Address risks relative to safety, health, and welfare that have been brought to light since the implementation of the Code on April 1, 1995; and
⋅ Clarify standards for fulfilling the objective of protecting public safety, health, and welfare.
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:
Currently, the Multifamily Code, ch. ILHR 66, in conjunction with the Commercial Building Code, chs. ILHR 50-64, establishes statewide uniform construction and inspection standards for multifamily dwellings, which include buildings containing 3 or more dwelling units and not exceeding 60 feet in height or 6 stories. The construction standards of the Code address such issues as:
⋅ Life/safety concerns, including exiting in fire situations;
⋅ Fire fuel contribution relative to a building's class of construction and contents; and
⋅ Structural capabilities and integrity, including those under fire conditions.
It is anticipated that the review will result in code revisions at least clarifying fire separations and fire construction standards. Without these revisions, the Department believes that the present code clarity problems may leave designers and builders unsure in how to comply with the Code, and cause the Department and local inspectors to be uncertain in how to administer and enforce the code. This statement of scope may also result in developing one or more rulemaking proposals to address the above-mentioned issues.
Statutory authority for the rule:
Section 101.14 (4) (a) - Requires the Department to make rules requiring owners of places of employment and public buildings to install such fire detection, prevention, or suppression devices as to protect the safety, health, and welfare of the occupants.
Section 101.973 (1) - Requires the Department to promulgate rules that establish standards for construction of multifamily dwellings and their components.
Section 101.973 (2) Requires the Department to biennially review the rules adopted under sub. (1).
Section 101.974 (4) - Authorizes the Department to promulgate rules prescribing procedures for approving new building materials, methods, and equipment.
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 that staff will be involved in these code change issues:
Advisory council meetings -
(Average of 50 hr. x 3 meetings) = 150 hr.
Code topics research, language drafts - = 120 hr.
Hearings, responses, revisions, etc. - = 120 hr.
Environmental assessment - = 80 hr.
Total = 450 hr.
Commerce
Subject:
Ch. Comm 67 - Relating to rental weatherization.
Description of policy issues:
Part 1. Description of the objective of the rule:
The Rental Weatherization Code establishes minimum energy efficiency standards for residential rental units that have to be met before ownership of a property can be transferred.
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:
Section 101.122 (2) (e), Stats., requires the Department to review and update ch. Comm 67 at least every five years. The code was last updated in December, 1992. This code change is targeted for implementation in late 1997.
The following issues were identified by the Department and its customers to be in need of review and clarification so as to facilitate application of the rules by property managers and owners, real estate agents and inspectors.
1. In order that the rule may be better communicated, definitions need to be added or clarified.
2. Acceptance of nationally recognized energy-related product standards and methodologies need to be incorporated into the rules.
3. Administrative policies and procedures need to be reviewed for clarity and appropriateness.
The alternative of not reviewing or updating ch. Comm 67 is contrary to state law.
Statutory authority for the rule:
95-96 Wis. Stats.:
Section 101.122 - Establishes statewide standards for Rental Unit energy efficiency.
Section 101.122 (2) - Requires Department to establish standards for construction and certification of inspectors.
Section 101.122 (2) (e) - Requires Department to review rules at least once every 5 years.
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 that staff will be involved in these code change issues.
Advisory council meetings -
(Average of 50 hr. x 3 meetings) = 150 hr.
Code topics research, language drafts - = 120 hr.
Hearings, responses, revisions, etc. - = 120 hr.
Environmental assessment - = 80 hr.
Total = 450 hr.
Natural Resources
Subject:
S. NR 20.13 - Relating to prohibiting the placement of permanent ice shelters on the Fox River in Brown County from the DePere dam downstream to its mouth at the bay of Green Bay.
Description of policy issues:
Description of policy issues to be resolved, include groups likely to be impacted or interested in the issue:
The purpose is to eliminate ice fishing shelters from falling into the water and obstructing boat navigation. Brown County Sheriff, DePere Police Department and the Green Bay Area Great Lakes Sport Fisherman's club already support the idea.
This action represents a change from past policy.
Explain the facts that necessitate the proposed change:
The Fox River is classified as Outlying Waters and current law requires ice fishing shelters to be removed March 15th. Over the past three years, over a dozen shelters have fallen through the ice, due to rapidly changing ice conditions due to current. This is a serious hazard to boaters on the Fox River.
Statutory authority for the rule:
SS. 29.283 and 227.11, Stats.:
Anticipated time commitment:
The anticipated time commitment is 4 hours and 45 minutes. One public hearing will be held in DePere, Wisconsin, and will scheduled at a later date.
Regulation & Licensing
Subject:
RL Code - Relating to requirements for reporting convictions by credential holders.
Description of policy issues:
Objective of the rule:
To create uniform rules to require the reporting of any convictions to the Department by all credential holders.
Policy analysis:
Currently, the provision for credential holders to notify the Department of any convictions is not uniform with all of the different credentialing authorities housed in the Department. This rule-making would standardize the provision for the reporting of convictions for all credential holders.
Statutory authority:
Sections 227.11 (2) and 440.03, 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.
Transportation
Subject:
Ch. Trans 302 - Relating to vehicle marking.
Description of policy issues:
Description of the objective of the rule:
This proposal will amend ch. Trans 302, relating to vehicle marking, to remove obsolete definitions and regulations, and incorporate current requirements for marking of vehicles to be in compliance with federal regulations. Since deregulation, many of the terms and requirements are no longer relevant and cause confusion among the industry. Amendment to this rule will clear the confusion and reflect current federal regulations.
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 current rule contains terminology and requirements which are obsolete since deregulation. The Department proposes a change to the current rule to eliminate requirements which are no longer in effect and reduce confusion to the vehicle marking regulations. The change would also include current requirements under federal regulations.
Statutory authority for the rule:
Sections 85.16 (1), 194.09 and 348.185, Stats.
Estimate of the amount of time that state employes will spend developing the rule and of other resources necessary to develop the rule:
It is estimated that state employes will spend 50 hours on the rulemaking process, including research, drafting and conducting public hearings.
