Hearing Date:
March 3, 1999
[See Notice this Register]
EMERGENCY RULES NOW IN EFFECT
Commerce
(Uniform Dwelling, Chs. Comm 20-25)
Rules adopted revising Chs. Comm 20,21,22 and 23, relating to energy efficiency in one- and 2-family dwellings.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that the adoption of a rule is necessary for the immediate preservation of public health, safety and welfare. The facts constituting the emergency are as follows:
The rule change that was to go into effect on February 1, 1999 consists of a complete rewrite of chapter Comm 22, which relates to energy efficiency in one- and 2-family dwellings, as well as miscellaneous changes to chapters Comm 20, 21 and 23. The department planned for a lead time of approximately 2 months between the time the code was made available and the code effective date. Because of difficulties in preparing and printing the code, the anticipated lead time could not be achieved. Several constituent groups, including builders, inspectors, and the Uniform Dwelling Code Council have asked for extra time to become familiar with the changes, once the complete code is made available. If this is not done, a great deal of confusion and economic hardship could result for builders, as well as homeowners. Enforcement of the new requirements could very greatly from one municipality to the next.
This emergency rule delays the effective date of the proposed changes to chs. Comm 20, 21, 22 and 23 from February 1, 1999 to May 1, 1999.
Publication Date:
January 23, 1999
Effective Date:
February 1, 1999
Expiration Date:
July 1, 1999
EMERGENCY RULES NOW IN EFFECT
Commerce
(Petroleum Environmental Cleanup Fund Interagency Responsibilities, Ch. Comm 46)
Rules were adopted creating ch. Comm 46, relating to the Petroleum Environmental Cleanup Fund Interagency Responsibilities.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that adoption of a rule is necessary for the immediate preservation of public health, safety, and welfare.
The facts constituting the emergency are as follows. Under ss. 101.143 and 101.144, Stats., the Department protects public health, safety, and welfare by promulgating rules for and administering the Petroleum Environmental Cleanup Fund (PECFA Fund). The purpose of the fund is to reimburse property owners for eligible costs incurred because of a petroleum product discharge from a storage system or home oil tank system. In administering this fund, the Department has relied upon a Memorandum of Understanding with the Department of Natural Resources for classifying contaminated sites, disbursing funds, and addressing other statements of policy that affect the two Departments.
On September 17, 1998, the Joint Committee for Review of Administrative Rules adopted a motion pursuant to s. 227.26(2)(b), Stats., that directs the Department and the Department of Natural Resources to jointly adopt the above portions of the Memorandum of Understanding and related policy issues as an Emergency Rule. The rule included with this order is in response to that directive.
Publication Date:
January 1, 1999
Effective Date:
January 1, 1999
Expiration Date:
May 31, 1999
EMERGENCY RULES NOW IN EFFECT
Commerce
(Rental Unit Energy Efficiency, Ch. Comm 67)
Rules were adopted revising ch. Comm 67, relating to rental unit energy efficiency.
Finding of Emergency
The Department of Commerce finds that an emergency exists and that adoption of a rule is necessary for the immediate preservation of public health, safety, and welfare.
The facts constituting the emergency are as follows. Under s. 101.122, Stats., Department protects public health, safety, and welfare by promulgating energy efficiency requirements for rental units. 1997 Wis. Act 288 amends s. 101.122, Stats., to change the scope of the rules that the Department develops under that law. Those portions of the Act were effective the day after publication, and the rules adopted by the Department under the authority of that law are hereby amended to be consistent with 1997 Wis. Act 288.
This emergency rule excludes the following buildings from the rental unit energy efficiency
· Buildings of one or two rental units that were constructed after December 1, 1978.
· Buildings of three or more rental units that were constructed after April 15, 1976.
· Condominium buildings of three or more dwelling units.
This rule also limits the application of rental unit energy efficiency requirements to the following items:
· Attics
· Furnaces and boilers
· Storm windows and doors, with an option to meet an air infiltration performance standard for the thermal envelope of the building
· Sill boxes
· Heating and plumbing supply in unheated crawlspaces
· Shower heads
This rule also eliminates the expiration of the certificate of code compliance after 5 years.
Publication Date:
June 30, 1998
Effective Date:
June 30,1998
Expiration Date:
November 27,1998
Hearing Date:
August 14, 1998
Extension Through:
January 25, 1999
EMERGENCY RULES NOW IN EFFECT
Commerce
(Financial Resources for Communities,
Chs. Comm 105 to 128)
Rules adopted creating ch. Comm 118, relating to the Wisconsin Promise Challenge Grant Program.
Finding of Emergency
On July 16, 1998, 1997 Wis. Act 237, took effect. The act created Section 1901(lz) which appropriated $424,000 for fiscal year 1998-99 that may be awarded in the form of grants by the National and Community Service Board attached to the Department of Commerce to any countywide consortium. Countywide consortiums who agree to provide five fundamental resources intended to mentor, nurture, protect, teach and serve persons under the age of 26 years are eligible to receive Wisconsin Promise Challenge Grants. The amount of the grant ranges from $3,000 to $15,000, depending on the number of underserved youth who are to receive the five fundamental resources. In order to be eligible, the grant recipient is required to match the grant, in cash, in an amount that is not less than twice the amount of the grant money received. In addition the law, specifies conditions on the use of the grant monies and requires documentation on the number of underserved youths who received the five fundamental resources and the positive outcomes and result of those efforts. Since funds are only available for this fiscal year and the law sunsets on January 1, 2000, the Department is promulgating an emergency rule in order to make these funds and the grant program available as quickly as possible so counties may provide the five fundamental resources to underserved youth.
This emergency rule was developed in consultation with the National and Community Service Board, the Department of Health and Family Services and the Department of Administration.
Publication Date:
September 12, 1998
Effective Date:
September 12, 1998
Expiration Date:
February 9, 1999
Hearing Date:
November 30, 1998
EMERGENCY RULES NOW IN EFFECT (3)
Department of Corrections
1. Rules were adopted amending s. DOC 328.21, relating to absconders.
Finding of Emergency
The Department of Corrections finds that an emergency exists and that a rule is necessary for the immediate preservation of the public safety. A statement of the facts constituting the emergency is: A recent legislative enactment providing funding for the Department of Corrections to create an absconder unit in southeastern Wisconsin. Currently there are 7,694 probationers or parolees that have absconded from community supervision. To make community supervision more meaningful and promote accountability among offenders the legislature directed the Department of Corrections to make efforts to locate and apprehend offenders that have absconded from community supervision. The current administrative rule allows the Department of Corrections to search an offenders residence only for contraband. This rule amendment allows a search of an offender's residence for contraband or an offender.
Publication Date:
December 3, 1998
Effective Date:
December 3, 1998
Expiration Date:
May 2, 1999
Hearing Dates:
March 1 and 3, 1999
[See Notice this Register]
2. Rules were adopted revising ch. DOC 349, relating to holding juveniles in municipal lockup facilities.
Finding of Emergency
The Department of Corrections finds that an emergency exists and that rules are necessary for the immediate preservation of public safety. A statement of the facts constituting the emergency is: A recent session law, 1997 Wis. Act 296, created s. 938.209(2m), Stats., which permits the holding of juveniles in municipal lockup facilities if the facilities meet certain criteria. This act took effect on July 1,1998. A municipal lockup facility may only hold juveniles who are alleged to have committed a delinquent act if the department of corrections approves the facility for the holding of juveniles. In addition, the lockup facility may only hold the juvenile for no more six hours. Also, there must be sight and sound separation between any juveniles and adults being held in the lockup. Finally, the lockup facility may only hold the juvenile for investigative purposes.
Under current rule a municipal lockup facility may not hold juveniles. The act authorizes the department of corrections to promulgate rules establishing minimum requirements for the approval of a municipal lockup facility as a suitable place for holding juveniles who are alleged to have committed a delinquent act and for the operation of the facility. The permanent rule process has been started. However, the permanent rule process will take approximately nine months to complete. Emergency rules are necessary to establish an approval process and operational standards for the safety of the public and juveniles while permanent rules are being developed.
This order:
1. Adopts the statutory definitions of adult, delinquent, and juvenile.
2. Defines the term secure custody status.
3. Establishes the authority and purpose of establishing minimum standards for the holding of juveniles in municipal lockup facilities.
4. Prohibits the holding of juveniles in municipal lockup facilities, except if the juvenile is alleged to have committed a delinquent act.
5. Requires that the lockup facility provide juveniles notification of policies and procedures of the facility regarding the holding of juveniles and facility programs, including health screening and care, suicide prevention, control and administration of medications, and communicable disease control.
6. Provides that only juveniles who are alleged to have committed a delinquent act may be held in a municipal lockup facility.
7. Provides that juveniles who are alleged to have committed a delinquent act may be placed in secure custody status for a period of time not to exceed 6 hours.
8. Provides that the lockup administrator shall develop and implement policies and procedure to ensure sight and sound separation between juveniles and adults who are being held in the lockup facility.
9. Provides that lockup facility staff shall physically observe juveniles at least once every 20 minutes at irregular intervals and shall document the observations. If the juvenile is identified by the facility staff as being at risk (for example, suicidal tendency, under the influence of drugs or alcohol, or mental disturbance) the observations shall be at least once every 15 minutes at irregular intervals.
10. Requires that juvenile records be maintained in a confidential manner and kept separate from adult records, in accordance with s. 938.396, Stats.
The order provides for including in chapter DOC 349, Municipal Lockup Facilities, the rules for holding juveniles who are alleged to have committed a delinquent act.
Publication Date:
December 10, 1998
Effective Date:
December 10, 1998
Expiration Date:
May 9, 1999
