No. 513
Publication Date: September 14, 1998
Effective Date: September 15, 1998
Revisor of Statutes Bureau
Suite 800, 131 West Wilson Street
Madison, Wisconsin 53703-3233
T a b l e o f C o n t e n t s
Emergency Rules Now In Effect.
Pages 5 to 17.
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.
Rules relating to retail food establishment license exemption for restaurant permit holders.
Rules relating to grade standards for Colby and Monterey Jack cheese.
Petroleum Environmental Cleanup Fund, Ch. ILHR 47
Rules relating to the Petroleum Environmental Cleanup Fund.
Building and Heating, etc., Chs. 50-64
Multifamily Dwellings, Ch. 66

Rules relating to the commercial building and multi-family codes.
Building and Heating, etc., Chs. 50-64
Rule relating to exemption from accessibility laws for specific multifamily dwellings with separate exterior entrances.
Rental Unit Energy Efficiency, Ch. Comm 67
Rules relating to rental unit energy efficiency.
Barrier Free Design, Ch. Comm 69
Rule relating to vertical access to press box facilities.
Rule relating to custody and detention of felony probationers and parolees.
Financial Institutions:
Rule relating to federal covered securities and advisors.
Health & Family Services:
Community Services, Chs. HSS/HFS 30--
Rules relating to searches at the Wisconsin Resources Center.
Health & Family Services:
Health, Chs. HSS/HFS 110--
Rules relating to restaurants.
Rules relating to the Health Insurance Risk-Sharing Plan (HIRSP).
Rules adopted revising ch. HFS 163, relating to removal of lead-based paint. [FIRST APPEARANCE]
Natural Resources:
Fish, Game, etc., Chs. NR 1-
Rules relating to reservations for state parks, forests and other lands.
Rule relating to bag limits for walleye.
Rules relating to deer hunting in Unit 67A.
Rules relating to sport fishing for yellow perch in Sauk creek.
Rules relating to wildlife damage abatement and claims program.
Natural Resources:
Environmental Protection-Water Regulation,
Chs. NR 300-
Rules relating to fees for waterway and wetland permit decisions.
Public Instruction:
Rules relating to the Milwaukee Parental School Choice Program.
Rules adopted creating ch. PI 38, relating to grants for peer review and mentoring. [FIRST APPEARANCE]
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.
Rules relating to draft environmental impact statements.
Technical College System:
Rules relating to Faculty Development Grants.
Workforce Development:
Economic Support, Chs. DWD 11 to 59
Rules relating to Learnfare.
Scope Statements.
Pages 18 to 20.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 81 - Relating to grade standards for colby and monterey jack cheese.
Chiropractic Examining Board:
Chir Code - Relating to the diagnosis of a patient by a chiropractor; and to the responsibility of a chiropractor to refer a patient to a practitioner in an area of health care other than chiropractic.
Medical Examining Board:
Med Code - Relating to the time limits for initiating action against physicians under Section 4 of 1997 Wis. Act 311.
Military Affairs:
Ch. DMA 1 - Relating to procedures for the Badger Challenge program.
Natural Resources:
Chs. NR 150 & 170 - Relating to power plant review.
Regulation & Licensing:
RL Code - Relating to establishing requirements and standards for the practice of music, art and dance therapy, registration requirements and renewal requirements.
Veterans Affairs:
Ch. VA 1 - Relating to the authorization for the Department of Veterans Affairs to release information from a veteran's file to a collection agency under contract with the state to collect delinquent Department loans.
Notices of Submittal of Proposed Rules to Wisconsin Legislative Council Rules Clearinghouse.
Pages 21 to 24.
Agriculture, Trade & Consumer Protection:
Chs. ATCP 10 & 11 - Relating to fish farms, fish diseases and imports of live fish and fish eggs.
Agriculture, Trade & Consumer Protection:
Ch. ATCP 30 - Relating to the use of atrazine pesticides.
Barbering & Cosmetology Examining Board:
Chs. BC 1 - 9 - Relating to licensure, examinations and practice of barbering and cosmetology practitioners, managers, manicurists, electrologists, aestheticians and apprentices, and renewal and reinstatement of licenses.
Ch. Comm 65 - Relating to soil erosion control at commercial building sites.
Health & Family Services:
Ch. HSS 98 - Relating to lie detector testing of sex offenders in community placements.
Hearing & Speech Examining Board:
HAS Code - Relating to continuing education, renewal, temporary practices, practical examinations, fitting of hearing instruments, use of titles, initials and designations, and unlicensed practice.
Regulation & Licensing:
RL Code - Relating to the practice of massage therapy and bodywork.
Regulation & Licensing:
Ch. RL 5 - Relating to charitable organizations.
Regulation & Licensing:
Chs. RL 80-87 - Relating to real estate appraisers.
S. Tax 11.09 - Relating to the sales and use tax treatment of medicines, and s. Tax 11.28, relating to the sales and use tax treatment of gifts and other advertising specialties..
Ch. Trans 57 - Relating to standards for airport siting.
Ch. Trans 210 - Relating to the major highway project numerical evaluation process.
Chs. Trans 231 & 233 - Relating to the division of land abutting a state trunk highway or connecting highway.
Ch. Trans 400 - Relating to the Wisconsin Environmental Policy Act.
Notices of Hearings or of Proposed Rules.
Pages 25 to 49.
Agriculture, Trade & Consumer Protection:
Hearings to consider revision to chs. ATCP 10 and 11, relating o fish farms.
Hearings to consider amendments to ch. ATCP 30, relating to use of atrazine.
Hearing to consider revision of ch. ATCP 127, relating to home solicitation selling.
Barbering & Cosmetology Examining Board:
Hearing to consider revision of chs. BC 1 to 9, relating to licensure, examinations, and professional practice.
Soil Erosion Control, Ch. Comm 65
Hearing to consider ch. Comm 65, relating to soil erosion control at commercial building sites.
Health & Family Services:
Community Services, Chs. HFS/HSS 30--
See notice under Workforce Development.
Health & Family Services:
Health, Chs. HFS 110--
Hearing to consider revision of ch. HFS 119, relating to operation of Health Insurance Risk-Sharing Plan.
Regulation & Licensing:
Hearing to consider revision to ch. RL 5, relating to charitable organizations.
Hearing to consider revision to chs. RL 80 to 87, relating to real estate appraisers.
Hearing to consider ch. Trans 57, relating to standards for airport siting.
Hearing to consider ch. Trans 210, relating to major highway project numerical evaluation process.
Hearing to consider revision of chs. Trans 231 and 233, relating to division of land abutting a state trunk highway or connecting highway.
Hearing to consider amendment to ch. Trans 400, relating to the Wisconsin Environmental Policy Act.
Workforce Development:
Economic Support, Chs. DWD 11 to 59
Hearing to consider chs. DWD 40 to 43, relating to child support administrative enforcement.
Notices of Submission of Proposed Rules to the Presiding Officer of Each House of the Legislature, Under S. 227.19, Stats.
Page 50.
(CR 98-65) - Ch. ILHR 47
Health & Family Services:
(CR 98-69) - Ch. HFS 89
Administrative Rules Filed with the Revisor of Statutes Bureau.
Page 51.
(CR 97-109) - Ch. ILHR 60
(CR 97-138) - Chs. ILHR 20, 21, 22 & 23
Natural Resources:
(CR 95-223) - Chs. NR 419, 500, 518, 811 & 812
Natural Resources:
(CR 97-131) - S. NR 485.04
Natural Resources:
(CR 97-146) - S. NR 5.21 (3)
Natural Resources:
(CR 98-20) - Ch. NR 21
Natural Resources:
(CR 98-44) - Chs. NR 8 & 45
Natural Resources:
(CR 98-56) - S. NR 46.30 (2) (a) to (c)
Natural Resources:
(CR 98-66) - Ch. NR 300
Public Instruction:
(CR 98-38) - Ch. PI 3
Public Instruction:
(CR 98-39) - S. PI 2.05 (2) (a)
Public Instruction:
(CR 98-68) - Ch. PI 11
Workforce Development:
(CR 98-26) - S. DWD 12.25
Public Notice.
Pages 52 to 53.
Relating to private onsite wastewater treatment systems and sanitation.
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.
Agriculture, Trade & Consumer Protection
1.   Rules adopted creating Ch. ATCP 36, relating to the sale and use of pesticides containing the active ingredient clomazone.
Finding of Emergency
(1) Pesticides containing the active ingredient clomazone are used at spring planting on soybeans, tobacco, peppers, pumpkins, peas, cabbage and cucumbers. Clomazone is an effective herbicide which inhibits the formation of chlorophyll in target weeds.
(2) Clomazone is volatile. Off-target movement from clomazone applications can affect non-target plants located hundreds of feet from the application site. Off-target movement from clomazone applications can damage non-target plants by inhibiting the formation of chlorophyll in those plants.
(3) Off-target movement has occurred in many clomazone applications to date. Non-target plants exposed to off-target movement from clomazone applications turn yellow or white. Damage from 1997 clomazone applications was apparently more severe and long lasting than in prior years. In 1997, the department received 49 complaints of off-target movement to non-target plants. These complaints comprised 20% of all pesticide complaints received by the department in 1997. Department field staff report that these complaints represented only a fraction of the total number of clomazone off-target movement incidents that occurred. Off-target movement incidents have caused widespread public anger and concern, and have impaired public confidence in pesticide applications.
(4) The department proposes to adopt rules restricting the use of clomazone herbicides. The proposed restrictions are reasonably designed to reduce or eliminate damage to non-target plants from clomazone applications. Without these restrictions, continued clomazone applications will likely result in continued incidents of off-target movement and nontarget damage during the 1998 planting and growing season.
(5) Clomazone herbicides are commonly applied during spring planting. The department must adopt restrictions by emergency rule in order for those restrictions to take effect prior to the 1998 spring planting and application period. The department finds that an emergency rule under s. 227.24, Stats., is imperatively required to preserve the public peace and welfare in 1998, pending completion of normal rulemaking procedures under ch. 227, Stats.
Publication Date:   March 15, 1998
Effective Date:   March 15, 1998
Expiration Date:   August 12, 1998
Hearing Date:   April 28, 1998
2.   Rules adopted creating ss. ATCP 10.68 and 11.58, relating to fish farms and imports of live fish and fish eggs.
Exemption From Finding of Emergency
(1) The department of agriculture trade and consumer protection is adopting this emergency rule to implement s. 95.60, Stats., which was created by 1997 Wis. Act 27.
(2) Section 9104(3xr) of 1997 Wis Act 27 authorizes the department to adopt this emergency rule without the normal finding of emergency. It further provides that the emergency rule will remain in effect until January 1, 1999 or until a permanent rule takes effect, whichever comes first.
Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection
Statutory authority: ss. 93.07(1), 95.60(4s)(e) and (5)
Statutes interpreted: s. 95.60
This emergency rule implements s. 95.60, Stats., by doing all of the following:
Establishing an interim procedure for registering fish farms in 1998. The department plans to adopt permanent rules, which may differ from this emergency rule, relating to registration of fish farms after 1998.
Establishing interim permit requirements for importing live fish or fish eggs into Wisconsin.
Requiring fish farm operators and fish importers to keep records.
Fish Farms
Under s. 95.60, Stats., as enacted by 1997 Wis. Act 27 effective October 14, 1997, the Department of Agriculture, Trade and Consumer Protection (DATCP) is responsible for registering fish farms in Wisconsin. The new annual registration program replaces an annual licensing program previously administered by the Department of Natural Resources (DNR).
DNR licensed more than 2000 fish farms for calendar year 1997. Fish farms previously licensed by DNR must now be registered with DATCP. DATCP's 1998 registration requirement takes effect immediately after DNR's 1997 license requirement expires.
Registration Procedures; General
This emergency rule establishes interim fish farm registration procedures. Under this emergency rule:
  No person may operate a fish farm without a DATCP registration certificate. A registration certificate expires on December 31, 1998.
  A registration certificate is effective on the day it is issued except that, if a fish farm operator licensed by DNR in 1997 files a renewal application with DATCP by April 10, 1998, the DATCP registration certificate is retroactive to January 1, 1998.
  Fish farm registrations are not transferable between persons or locations. A person who operates 2 or more fish farms at non-contiguous locations must obtain a separate registration certificate for each location.
Registration Categories
A fish farm operator must hold a type A, B, C or D registration certificate for that fish farm:
  A type A registration is normally required for a fish farm at which the operator does any of the following:
  *Hatches fish or produces fish eggs at that fish farm for sale or trade to any person.
  *Allows public fishing, for a fee, for fish hatched at that fish farm.
  A type B registration is normally required if the fish farm operator does any of the following and does not hold a type A registration:
  *Allows public fishing at the fish farm for a fee.
  *Sells or trades fish, from the fish farm, to any person.
⋅⋅A type C registration authorizes the registrant to operate a fish farm. It does not authorize activities for which a type A or B registration is required, except that a type C registrant may do either of the following without a type A or B registration:
  *Sell minnows to any person
  *Sell fish or fish eggs to a type A registrant.
  A type D registration authorizes the registrant to sell or trade fish from a fish farm without a type A or B registration if all of the following apply:
  *The operator does not hatch fish, produce fish eggs or permit public fishing for a fee at that fish farm.
  *The fish farm consists solely of ponds used to hold or grow fish.
  *The operator holds a type A or B registration certificate for another fish farm located on a nonadjacent parcel of land.
Registration Fees
This emergency rule establishes the following registration fees:
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.