Wisconsin
Administrative
Register
No. 509
Publication Date: May 31, 1998
Effective Date: June 1, 1998
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
(608) 266-2011 Fax (608) 264-6978
Bruce Munson
Revisor of Statutes
Gary L. Poulson
Deputy Revisor of Statutes
Assistant Revisor-Administrative Code
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T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 7 to 18.
Administration:
Rules relating to kennel owner licenses.
Agriculture, Trade and Consumer Protection:
Rules relating to the sales and use of pesticides containing clomazone.
Rules relating to fish farms and imports of live fish and fish eggs.
Commerce:
Petroleum Environmental Cleanup Fund, Ch. ILHR 47
Rules relating to the Petroleum Environmental Cleanup Fund.
Commerce:
Building and Heating, etc., Chs. 50-64
Multifamily Dwellings, Ch. 66

Rules relating to the commercial building and multi-family codes.
Commerce:
Barrier Free Design, Ch. Comm 69
Rule adopted creating s. Comm 69.18 (2) (a) 2.c., relating to vertical access to press box facilities. [FIRST APPEARANCE]
Commerce:
Financial Resources for Businesses and Communities, Chs. Comm 105 to 128
Rules relating to the Brownfields Grant Program.
Corrections:
Rules relating to polygraph examinations for sex offenders.
Rule relating to custody and detention of felony probationers and parolees.
Gaming Board:
See Administration.
Health & Family Services:
Health, Chs. HSS/HFS 110--
Rules relating to restaurants.
Rules relating to subsidized health insurance for persons with HIV.
Insurance:
Rule relating to a decrease in premium rates for the Health Insurance Risk-Sharing Plan, effective January 1, 1998.
Rules relating to a decrease in premium rates for the Health Insurance Risk-Sharing Plan (HIRSP) and correcting errors in the published rate table.
Rules relating to a deductible alternative to HIRSP.
Natural Resources:
Fish, Game, etc., Chs. NR 1-
Rules relating to reservations for state parks, forests and other lands.
Rules relating to the private forest landowner grant program.
Natural Resources:
Environmental Protection-General, Chs. NR 100-
Rules relating to the Safe Drinking Water Loan Program.
Natural Resources:
Environmental Protection-Water Regulation,
Chs. NR 300-
Rules relating to fees for waterway and wetland permit decisions.
Natural Resources:
Environmental Protection--Air Pollution Control,
Chs. NR 400--

Rule relating to emission limitations for motor vehicles.
Public Instruction:
Rules relating to full-time open enrollment.
Rules relating to the youth options program.
Public Service Commission:
Rules relating to the provision of universal telecommunications service and administration of the universal service fund and establishing the Education Telecommunication Access Program.
Technical College System:
Rules relating to Faculty Development Grants.
Transportation:
Rules relating to the Transportation Infrastructure Loan Program.
Veterans Affairs:
Rules relating to the personal loan program.
Workforce Development:
Economic Support, Chs. DWD 11 to 59
Rules relating to Learnfare.
Workforce Development:
Wage Rates, Chs. DWD 290-294
Rules relating to prevailing wage rates for state and local public works projects.
Scope Statements.
Pages 19 to 28.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 15 - Relating to humane officers.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 50 - Relating to soil and water resource management.
Commerce:
Chs. Comm 5, 82 and 84 and ILHR 20-25 - Relating to credentials issued by the Department of Commerce and to combined residential fire sprinkler/plumbing systems in one- and 2-family dwellings.
Commerce:
Chs. Comm/ILHR 11, 12, 13 and 43 - Relating to gas systems.
Commerce:
Chs. ILHR 41-42 - Relating to boilers and pressure vessels.
Commerce:
Ch. Comm 113 - Relating to allocation of volume cap on tax-exempt private activity bonds for calendar year 1999.
Dentistry Examining Board:
DE Code - Relating to:
1) The list of oral systemic premedications and subgingival sustained release chemotherapeutic agents that may be administered by a licensed dental hygienist; and
2) The educational requirements for a licensed dental hygienist to be granted a certificate to administer local anesthesia.
Elections Board:
S. ElBd 1.28 - Relating to defining activity which is subject to campaign finance regulation in Wisconsin.
Employe Trust Funds:
ETF Code - Relating to proper reporting of creditable service, earnings and participating employes of instrumentalities of two or more units of government when the joint instrumentality does not qualify as a separate employer for WRS (Wisconsin Retirement System) purposes.
Employe Trust Funds:
ETF Code - Relating to receiving qualified domestic relations orders that divide WRS (Wisconsin Retirement System) accounts and annuities pursuant to s. 40.08 (1m), Stats.
Natural Resources:
S. NR 20.037 - Relating to mid-season readjustments of walleye daily bag limits after spring spearing by Chippewa Bands.
Natural Resources:
Ch. NR 25 - Relating to commercial fishing - outlying waters.
Natural Resources:
Chs. NR 233, 252 and 284 - Relating to amending existing state wastewater standards and requirements for point sources, to conform with changes in the corresponding federal regulations.
Public Service Commission:
PSC Code - Relating to various dispute resolution procedures under federal and state law.
Public Service Commission:
Ch. PSC 5 - Relating to assessment of utilities for Public Service Commission services.
Regulation & Licensing:
RL Code - Relating to administrative warnings issued to credential holders.
Revenue:
SS. Tax 11.26 and 11.32 - Relating to gross receipts and sales price;
S. Tax 11.41 - Relating to sales or use tax exemption for property consumed or destroyed in manufacturing; and
S. Tax 11.83 - Relating to the sales and use tax treatment of motor vehicles.
Revenue:
S. Tax 11.19 - Relating to sales or use tax exemption for printed materials; and
S. Tax 11.70 - Relating to the sales and use tax treatment of advertising agencies.
Revenue:
S. Tax 11.68 - Relating to the sales and use tax treatment of construction contractors.
Revenue:
S. Tax 1.12 - Relating to electronic funds transfer for tax payments.
Revenue:
S. Tax 1.09 - Relating to sales and use tax treatment of medicines; and
S. Tax 11.28 - Relating to sales and use tax treatment of gifts and other advertising specialties.
Transportation:
Ch. Trans 57 - Relating to criteria for airports and for the issuance, duration, revocation and denial of airport site certificates.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.

Pages 29 to 30.
Commerce:
Ch. Comm 115- Relating to the community-based economic development program.
Corrections:
S. DOC 328.22 (5) - Relating to expanding the authority of the Department of Corrections to allow the Department to detain any parolee or any felony probationer in any Department institution.
Health & Family Services:
Ch. HFS 89 - Relating to residential care apartment complexes (formerly, “assisted living facilities”).
Health & Family Services:
Ch. HFS 90 - Relating to the Birth-to-3 Program: early intervention services for children with developmental needs in the age group from birth up to 3.
Natural Resources:
Chs. NR 191 & 192 - Relating to lake protection grants and lake classification technical assistance grants.
Public Instruction:
Ch. PI 11 - Relating to children with disabilities.
Notices of Hearings or of Proposed Rules.
Pages 31 to 40.
Commerce:
Financial Resources for Businesses and Communities, Chs. Comm 105 to 128
Hearings to consider amendment to ch. Comm 115, relating to the community-based economic development program.
Corrections:
Hearing to consider s. DOC 328.22 (5), relating to detaining any parolee or felony probationer in any department institution.
Natural Resources:
Environmental Protection-General, Chs. NR 100--
Hearings to consider revision to ch. NR 191 and creation of ch. NR 192, relating to lake protection grants and lake classification technical assistance grants.
Optometry Examining Board:
Hearing to consider revision to chs. Opt 3 and 4, relating to credential applications and examination requirements.
Public Instruction:
Hearing to consider revision to ch. PI 11, relating to children with disabilities.
Public Service Commission:
Hearing to consider revision to ch. PSC 165, relating to privacy guidelines applicable to telecommunications providers.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.


Page 41.
Health & Family Services:
(CR 97-98) - Ch. HFS 139
Health & Family Services:
(CR 97-132) - Ch. HFS 140
Health & Family Services:
(CR 98-36) - Ch. HSS 138
Natural Resources:
(CR 97-89) - Ch. NR 140
Pharmacy Examining Board:
(CR 98-16) - Chs. Phar 1-8, 10, 12-14
Public Service Commission:
(CR 97-157) - S. PSC 112.05
Commissioner of Railroads:
(CR 97-83) - Ch. RR 1
Commissioner of Railroads:
(CR 97-84) - Ch. RR 3
Workforce Development:
(CR 98-26) - S. DWD 12.25
Administrative Rules Filed with the Revisor of Statutes Bureau.

Page 42.
Commerce:
(CR 98-6) - Chs. Comm 122 & 128
Natural Resources:
(CR 97-141) - Ch. NR 149
Natural Resources:
(CR 97-151) - Ch. NR 10
Physical Therapists Affiliated Credentialing Board:
(CR 97-133) - Chs. PT 1, 2, 3, 4, 6 & 8
Rules Published in this Wis. Adm. Code.
Page 43.
Agriculture, Trade & Consumer Protection:
(CR 97-125) - Chs. ATCP 29 & 30
Corrections:
(CR 97-30) - Ch. DOC 311
Gaming Board:
(CR 98-5) - SS. WGC 13.05 and 13.15
Health & Family Services:
(CR 97-130) - Chs. HFS 10, 67 HSS 118
Insurance:
(CR 97-137)- S. Ins 3.53
Investment Board:
(CR 97-150) - Chs. IB 1 & 2
Medical Examining Board:
(CR 97-114) - S. Med 10.02 (2) (zb)
Natural Resources:
(CR 96-113) - Chs. NR 103, 299 & 504
Natural Resources:
(CR 97-57) - Ch. NR 182
Natural Resources:
(CR 97-87) - Chs. NR 590, 600-690
Natural Resources:
(CR 97-153) - Ch. NR 47, subch. VIII
Regulation & Licensing:
(CR 97-118) - Chs. RL 70-73
Sections Affected by Rule Revisions or Corrections.
Pages 44 to 47.
REVISIONS
Agriculture, Trade & Consumer Protection:
Chs. ATCP 3, 29 and 30
Corrections:
Ch. DOC 311
Gaming Board:
Ch. WGC 13
Health & Family Services:
Managment &Technology, Strategic Finance, Chs. HFS 1--
Ch. HFS 10
Health & Family Services:
Community Services, Chs. HFS 30--
Ch. HFS 67
Health & Family Services:
Health, Chs. HFS 110--
Ch. HFS 118
Commissioner of Insurance:
Ch. Ins 3
Investment Board:
Chs. IB 1 and 2
Medical Examining Board:
Ch. Med 10
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Ch. NR 47
Natural Resources:
Env. Protection--General, Chs. NR 100--
Chs. NR 103 and 182
Natural Resources:
Env. Protection--WPDES, Chs. NR 200--
Ch. NR 299
Natural Resources:
Env. Protection--Solid Waste, Chs. NR 500--
Chs. NR 504 and 590
Natural Resources:
Env. Protection--Hazardous Waste, Chs. NR 600--
Chs. NR 600-690
Regulation & Licensing:
Chs. RL 70-73
EDITORIAL CORRECTIONS
Agriculture, Trade & Consumer Protection:
Ch. ATCP 30
Commerce:
Tramways, Lifts and Tows, Ch. Comm 33
Ch. Comm 33
Commerce:
Anhydrous Ammonia, Ch. Comm 43
Ch. Comm 43
Commerce:
Existing Buildings, Chs. Comm 75 to 79
Chs. Comm 75 to 79
Commerce:
Public Swimming Pools, Ch. Comm 90
Ch. Comm 90
Corrections:
Ch. DOC 311
Health & Family Services:
Health, Chs. HFS 110--
Ch. HFS 115, 116 and 117
Natural Resources:
Fish, Game, etc., Chs. NR 1--
Ch. NR 47
Natural Resources:
Env. Protection--Hazardous Waste, Chs. NR 600--
Chs. NR 600, 605, 610, 615, 620, 625, 630, 635, 636,
640, 645, 655, 656, 660, 665, 670, 675, 680 and 685
Final Regulatory Flexibility Analyses.
Pages 48 to 50.
Agriculture, Trade & Consumer Protection:
(CR 97-125) - Chs. ATCP 29 & 30
Corrections:
(CR 97-30) - Ch. DOC 311
Gaming Board:
(CR 98-5) - Ch. WGC 13
Health & Family Services:
(CR 97-130) - Chs. HFS 10, 67 & HSS 118
Insurance:
(CR 97-137) - S. Ins 3.53
Investment Board:
(CR 97-150) - Ch. IB 1
Medical Examining Board:
(CR 97-114) - S. Med 10.02 (2) (zb)
Natural Resources:
(CR 96-113) - Chs. NR 103, 299 and 504
Natural Resources:
(CR 97-57) - Ch. NR 182
Natural Resources:
(CR 97-87) - Chs. NR 590 & 600-685
Natural Resources:
(CR 97-153) - Ch. NR 47, Subch. 8
Regulation & Licensing:
(CR 97-118) - Chs. RL 70-73
Executive Orders.
Page 51.
Executive Order 330:
Relating to a Proclamation that the Flag of the United States and the Flag of the State of Wisconsin be Flown at Half-Staff as a Mark of Respect for Peace Officers Who Have Given Their Lives in the Line of Duty.
Executive Order 331:
Relating to Amending Executive Order No. 329.
Executive Order 332:
Relating to Amending Executive Order No. 329.
E m e r g e n c y R u l e s N o w I n E f f e c t
Under s. 227.24, Stats., state agencies may promulgate rules without complying with the usual rule-making procedures. Using this special procedure to issue emergency rules, an agency must find that either the preservation of the public peace, health, safety or welfare necessitates its action in bypassing normal rule-making procedures.
Emergency rules are published in the official state newspaper, which is currently the Wisconsin State Journal. Emergency rules are in effect for 150 days and can be extended up to an additional 120 days with no single extension to exceed 60 days.
Extension of the effective period of an emergency rule is granted at the discretion of the Joint Committee for Review of Administrative Rules under s. 227.24 (2), Stats.
Notice of all emergency rules which are in effect must be printed in the Wisconsin Administrative Register. This notice will contain a brief description of the emergency rule, the agency finding of emergency, date of publication, the effective and expiration dates, any extension of the effective period of the emergency rule and information regarding public hearings on the emergency rule.
EMERGENCY RULES NOW IN EFFECT
Department of Administration
(Gaming Board)
Rules adopted revising ch. WGC 13, relating to the license fees of kennel owners that own and operate kennels at Wisconsin greyhound racetracks.
Finding of Emergency
Statutory Authority: ss. 16.004(1), 562.02(1) and 562.05(2)
Statutes Interpreted: ss. 562.02(1)(am) and 562.05(2)
The Department of Administration's Division of Gaming finds that an emergency exists and the rule amendments are necessary for the immediate preservation of the public peace, health, safety or welfare. A statement of the facts constituting the emergency is:
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