Hearing Information
April 27, 1999 Conference Room 3B
Tuesday WHEDA Building
10:00 a.m. 201 W. Washington Ave.
Madison
May 6, 1999 Room E102
Thursday Northcentral Tech. College
10:00 1000 W. Campus Drive
Wausau
May 7, 1999 Room 120
Friday Waukesha State Office Bldg.
10:00 a.m. 141 N.W. Barstow Street
Waukesha
Analysis of Proposed Rules
Statutory authority: ss. 101.02 (15)(h) to (j), and 101.17
Statutes interpreted: ss. 101.02 (15)(h) to (j), and 101.17
The Division of Safety and Buildings within the Department of Commerce is responsible for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the construction, repair and maintenance of public buildings and places of employment. Chapters ILHR 41-42 contain minimum safety standards for the design, construction, installation, operation, inspection, testing, maintenance, repair and alteration of boilers and pressure vessels installed in public buildings and at places of employment.
The proposed rules consist of an update of chapters ILHR 41-42 in order to bring the state boiler and pressure vessel code up to date with current technology and nationally recognized standards. The following is a summary of the major changes being proposed in chapters ILHR 41-42.
1. Updating currently adopted standards and adding the adoption by reference of 2 new standards. The ASME Boiler and Pressure Vessel Code, the Power Piping Code (ANSI/ASME B31.1), and the Pressure Vessel Inspection Code (API 510) are being updated to the current editions. The Pressure Vessels for Human Occupancy standard (ANSI/ASME PVHO-1) and the National Board Inspection Code (ANSI/NB-23) are being added as adopted standards. [ILHR 41.10]
2. Adding a new requirement for certified inspectors to report to the department when inspection service is started or discontinued on a boiler or pressure vessel. [ILHR 41.15 (3)]
3. Adding a new requirement for obtaining concurrence of the certified inspector before an owner's request for an extension between inspections would be granted. [ILHR 41.17 (5)]
4. Adding a new requirement for boilers installed prior to 1957 to have at least one pressure control or one temperature control. [ILHR 41.29 (2)(intro.)]
5. Adding a new rule requiring pressure vessels for human occupancy to be constructed and installed in accordance with the ANSI/ASME PVHO-1 standard. [ILHR 41.42 (3)]
6. Revising the rule that currently prohibits the use of slip-on flanges exceeding 4 inches nominal pipe size on power piping. [ILHR 41.46 (1)]
7. Eliminating most of the chapter ILHR 42 requirements, and requiring repairs and alterations to be completed in accordance with the National Board Inspection Code (ANSI/NB-23). The remaining requirements from chapter ILHR 42 are being moved into subchapters in chapter ILHR 41, and chapter ILHR 42 is being repealed. [Treatment SECTIONS 30 to 33]
8. Phasing out of the repair registration issued by the department. No new state repair registrations will be issued, and current holders of the repair registration may continue to repair boilers and pressure vessels under that registration but may renew that registration only once. Renewal of the registration will be contingent upon passing an audit of the holder's quality control manual and program. [ILHR 41.61 and Comm 5.30 (4)(d) ]
The proposed rules have been developed with the assistance of the Boiler and Pressure Vessel Code Advisory Council. The members of that citizen advisory council are as follows:
Name - Representing
William H. Andrae - Boiler and Pressure Vessel Repairer Association
Larry Hamm - Wisconsin Association of Power Engineers
Rick Heeren - Mechanical Contractors Association of Wisconsin
Daniel Hegyi - American Insurance Association
Matt Keenan - Wisconsin Boiler Inspectors Association
Douglas McLeish - Wisconsin Manufacturers and Commerce
John Nepscha - Wisconsin Utilities Association
Paul E. Prill - Wisconsin Pipe Trades Association
Randy Pucek - City of Milwaukee
Ernest J. Spring - Wisconsin Department of Administration
Raymond P. Swanson - Uniform Boiler & Pressure Vessel Laws Society
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until May 21, 1999, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or TTY 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 upon request by a person with a disability.
A copy of the proposed rules may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Any business involved with the design, construction, installation, operation, inspection, testing, maintenance, repair or alteration of boilers or pressure vessels will be affected by the rules.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The rules include a new requirement for certified inspectors to report to the department when inspection service is started or discontinued on a boiler or pressure vessel.
3. Types of professional skills necessary for compliance with the rules.
There are no types of professional skills necessary for compliance with the rules.
Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing chapters ILHR 41-42. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing chapters ILHR 41-42. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.
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.
Notice of Hearing
Financial Institutions
(Division of Banking)
Notice is hereby given that pursuant to ss. 220.02(2) and 227.11(2), Stats., the Department of Financial Institutions, Division of Banking will hold a public hearing at the Department of Financial Institutions, Tommy G. Thompson Conference Room, 5
th Floor, 345 W. Washington Avenue in the city of Madison, Wisconsin, on the 3rd day of May, 1999, at 10:00 a.m. to consider repealing ch. DFI—Bkg 7 relating to real estate mortgage loans. This hearing is held in an accessible facility.
Analysis Prepared by Department of Financial Institutions, Division of Banking
Analysis: To repeal DFI—Bkg 7. Statutory authority: ss. 220.02(2) and 227.11(2), Stats. Summary: Ch. DFI—Bkg 7 provides a definition for real estate mortgage loans and also establishes the documentation that a state-chartered bank must obtain for each real estate mortgage loan that it makes. It is the intention to repeal Ch. DFI-Bkg 7 in it entirety. State-chartered banks compete with other financial institutions and non-financial institution lenders for real estate mortgage loans. The Office of Comptroller of the Currency (“OCC") regulates national banks. The OCC has no regulations regarding the required documentation of real estate mortgage loans. Likewise, no regulator establishes documentation requirements for non-financial institution lenders. In addition to real estate mortgage loans, state-chartered banks make commercial loans, installment loans, agricultural loans, and other types of loans. There are no regulations establishing documentation requirements for these other categories of loans. A one-size-fits-all approach to the documentation of real estate mortgage loans does not recognize the variety of real estate mortgage loan products available in the market, and does not allow state-chartered banks to compete on a level playing field with other lenders. Examiners of the Division of Banking will review that proper documentation is maintained for real estate mortgages loans, in accordance with the principles of safety and soundness, in the same manner that they do for other categories of loans. Agency person to be contacted for substantive questions and responsible for agency's internal processing: Michael J. Mach, Administrator, Division of Banking, tel. 266-0451.
Initial Regulatory Flexibility Analysis
The proposed rule will not have an effect on small businesses.
Fiscal Estimate
There is no state fiscal estimate effect or local government costs. No funding sources or ch. 20 appropriations are affected. There are no long-range fiscal implications.
Contact Person
For questions concerning the proposed rule, or for a copy of the proposed rule and the full fiscal estimate from the agency upon request and at no charge, contact Michael J. Mach, Administrator, Department of Financial Institutions, Division of Banking, 345 W. Washington Avenue, 4th Floor, Madison, Wisconsin 53703, tel. (608) 266-0451.
Notice of Hearing
Health & Family Services
(Community Services, Chs. HFS 30-)
Notice is hereby given that, pursuant to s. 51.42 (7) (b), Stats., the Department of Health and Family Services will hold a public hearing to consider the creation of ch. HFS 41, Wis. Adm. Code, relating to in-home mental health services for children.
Hearing Information
April 26, 1999 Room B155
Monday State Office Building
From 10 a.m. to 12 noon 1 West Wilson Street
and 1 p.m. to 3 p.m. MADISON, WI
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building, in the Monona Terrace Convention Center Parking Ramp and in the Doty Street Parking Ramp. People with disabilities may enter the building directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Department of Health and Family Services
These are rules for certification of community mental health programs that provide intensive in-home mental health services for children and their families.
The Department under s. 51.42(7), Stats., certifies community mental health programs if they meet requirements set out in the Department's rules. The significance of certification is that it is a condition for receipt of state community aids funding. That means that it is a condition for county use of state community aid funds to finance a county-operated program or to purchase services from another community mental health program. Certification would also be a condition for claiming reimbursement from the Medical Assistance (MA) program for services provided to MA-eligible persons.
The Department certifies several types of community mental health programs. For each type there is a set of rules that a program must comply with to be certified and to keep its certification. Currently the types of programs are those that provide adult/child inpatient services, adult/child outpatient clinic services, adult day treatment services, child day treatment services or adult/child emergency (crisis) services. This order establishes standards for a new type of community mental health program, namely, a program that provides intensive services to children in their own homes.
Medical Assistance has been paying for in-home mental health services for children, with prior authorization, since 1991, after the federal government made changes in the Early and Periodic Screening, Diagnosis and Treatment Program (EPSDT). If the EPSDT screening indicated that a child needed mental health services, MA had to pay for those services. They could be provided in the child's home or in a clinic setting. For many children, services provided in the home have proven to be more effective than services provided at a clinic. MA began to pay for in-home services for MA-eligible children who were found to have a “severe emotional disturbance" (SED). Those services were reimbursed as HealthCheck (EPSDT) - other services. Department mental health staff developed guidelines for in-home service providers, which have been used also by the MA program. These rules will replace the guidelines.
The rules cover certification procedures; qualifications of personnel; eligibility for services; intake and assessment; enrollment of a child and family; development of the family services plan; services to be available; limits on service intensity and duration; client service records; client rights and resolution of grievances; and client satisfaction indicators.
