Notice is hereby given that pursuant to ss. 227.14 (4m) and 227.17, Stats., the Department of Commerce announces that it will hold a public hearing on proposed rules relating to: Chs. Comm 82 and 84, Wisconsin Uniform Plumbing Code.
Hearing Information
The public hearing will be held as follows:
October 6, 1999 Conference Room 3C
Wednesday WHEDA
10:30 a.m. 201 West Washington Ave.
MADISON, WI
This hearing is held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 261-6546 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.
Written Comments and Contact Information
Interested persons are invited to appear at the hearing 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 October 16, 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. Written comments should be submitted to:
Jean M. MacCubbin
Department of Commerce
Safety & Buildings Division
P.O. Box 2689
Madison, WI 53701-2689
Copies of Rule
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 53701-2689; telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Analysis of Proposed Rules
Statutory authority: ss. 101.02 (1), 101.63 (1), 101.73 (1), 101.82 (1) and 145.02 (3)
Statutes interpreted: ss. 145.02 (4), 145.045, 145.13, 145.135, 145.19, 145.20
Under s. 145.02, Stats., the Department of Commerce has the responsibility of safeguarding public health and the waters of the state relative to the construction, installation and maintenance of plumbing. One mechanism of the Department to fulfill this responsibility has been the promulgation of the state uniform plumbing code, chs. Comm 82-87.
This rule revision includes changes to various definitions important to health-related occupancies so as to conform to regulations of the Department of Health and Family Services (DHFS). Other proposed revisions are in response to 1997 Wis. Acts 27, 237 and 768 and updating administrative rules to be more contemporary within the industry by adopting more recent nationally-recognized standards.
Chapter Comm 82, the design, construction, installation, supervision and inspection of plumbing, is proposed to be revised to address conformance in definitions with Department of Health and Family Services for health-related occupancies. Section Comm 82.50 provides for methods to avoid scalding at the point of water usage, as well as providing a maximum water system temperature to reduce and/or eliminate the environment for Legionella bacteria in the supply water system.
The adoption of updated standards would now allow the use of elliptical concrete piping for storm and clear water drain. Also, included are provisions for the Department to create a process to tag and track cross connection control devices for the purposes of maintaining cyclical testing to assure the compliant operation of these devices.
A process for submittal and review of alternate and experimental plumbing systems in s. Comm 82.20 has also been established. This will allow submittals and review of plumbing systems for statewide use on an experimental basis, similar to approvals for plumbing and building products and materials.
Section Comm 82.33 has been repealed and recreated to clarify the allowable options for swimming pool and whirlpool discharge.
Chapter Comm 84, plumbing products, is proposed to be revised to reflect the adoption of more recent nationally-recognized standards for various plumbing products-- fixtures and faucets, and piping materials, joints and fittings.
The proposed rule revisions were developed with the assistance of the Plumbing Advisory Code Council. The Plumbing Advisory Code Council consists of the following individuals: Thomas Boehnen, American Society of Plumbing Engineers; Rudy Petrowitsch, American Society of Sanitary Engineers; Gary Hamilton, State AFL-CIO; Gary Kowalke, Wisconsin Association of Plumbing, Heating, and Cooling Contractors, Inc.; Mark Krowski, City of Milwaukee; Jeff Kuhn, Plumbing and Mechanical Contractors of SE Wisconsin; Clint McCullough, Madison Contractors Association; Bob Netzler, League of Wisconsin Municipalities; Dave Viola, Plumbing Manufacturers Institute; Dale Schlieve, WI Society of Professional Designers of Engineering Systems, Inc.; and Gene Shumann, plumbing designers.
Environmental Assessment
Notice is hereby given that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearing. Requests for the EA and comments on the EA should be directed to:
Robert Langstroth
Division of Safety and Buildings
Department of Commerce
P.O. Box 2689
Madison, WI 53701
Telephone (608) 264-8801
or TTY (608) 264-8777
Written comments will be accepted until October 16, 1999.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules:
By adopting more current nationally-recognized standards for plumbing fixtures and faucets, piping materials, joints and fittings, and allowing the use of performance standards for storm sewer design, the industry will now submit for review and eventually install systems without applying for a petition for variance for approval from the Department. This will not only reduce application fees for the submitter, but also decrease staff time dedicated to reviewing plan submittals now needing a petition.
By providing for a maximum system and point of use temperature, the plumbing installation and operation will have reduced costs that will offset current energy costs.
Businesses and agents who now conduct performance testing of cross connection control devices will now have the ability to tag and track these products more clearly and receive updated information from the state.
2. Reporting, bookkeeping and other procedures required for compliance with the rules:
Cross connection control device testers would be required to file test reports with the local purveyor of water in addition to the current requirement to file such reports with the Department.
3. Types of professional skills necessary for compliance with the rules:
There are no additional skills necessary to comply with these proposed rule revisions.
Fiscal Estimate
There are no new regulatory schemes contained in these proposed rule revisions that would significantly affect revenues or expenditures.
Notice of Hearing
Commerce
(Public Swimming Pools, Ch. Comm 90)
Notice is hereby given that pursuant to ss. 227.14 (4m) and 227.17, Stats., the Department of Commerce announces that it will hold a public hearing on proposed rules relating to design and construction of Public Swimming Pools.
Hearing Information
The public hearing will be held as follows:
October 6, 1999 Conference Room 3C
Wednesday WHEDA
1:00 p.m. 201 W. Washington Ave.
MADISON, WI
This hearing is 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.
Written Comments
Interested persons are invited to appear at the hearing 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 October 16, 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.
Copies of Rule
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 hearing.
Analysis
Statutory authority: s. 145.26
Statute interpreted: s. 145.26
This rule revision was created in response to issues brought to the attention of the department by members of the advisory council, the public and inspection and/or licensing staff. This chapter, Comm 90, has had only minor revisions since 1989 when the chapter was moved from the then Department of Health and Social Services to the then Department of Industry, Labor and Human Relations.
The proposed changes to the fee code, chapter Comm 2, clarify current fee schedule and review types which are standard for the plan review service within Commerce. The introduction of alternate and experimental system reviews not only provides a means for the review and approval of creative designs, but also provides the opportunity and the use of new technology on a site-by-site or statewide basis, as now specified in s. Comm 90.04 and ch. Comm 2, respective fees.
Section Comm 90.02 (2) provides standard language for the submittal of a petition for variance.
Sections Comm 90.08, 90.09 and 90.19 recognize that in some cases pools and pool decks are installed on existing sites and that existing structural supports may be present and considered an obstruction. The proposed text allows such `obstructions' when they do not impact on patron safety and pool operations, such as lifeguard access and visibility. Other revisions relate to clarification of bench and coping widths.
Section Comm 90.10 (1) is revised to reflect the safe distances between gate and fence openings, as per the U.S. Consumer Product Safety Commission, established to prevent head entrapment by young children and limiting their access to an unsupervised pool area.
Section Comm 90.19 clarifies head room for rooms where whirlpools are installed, corner location of whirlpools with respect to providing accessible access, as well as use of waterproof materials around pool walls.
Some minor revisions occur throughout the rule draft which are made to recognize titles of specific chapters contained in the Wisconsin Administrative Code-- Commerce (Comm) and Department of Health and Family Services (HFS); clarification of wavier for plan submittal and fees; and the deletion of metric units.
The proposed rule revisions were developed by the department with advice from the Pool Advisory Code Council. The Council consists of: Dave Baker, pool operators; Bill Branson, plumbing inspectors; Bob Holling, City of Sun Prairie - Parks; Duane Jackson, City of Madison - Environmental Health; Hal Maier, pool contractors; Tim Mirkes, City of Appleton - Health; Chuck Neuman, Water World Park Assoc.; Doug Voegeli, Wisconsin DHFS; and Jack Waterman, Wisconsin Innkeepers Assoc.
Environmental Assessment
Notice is hereby given that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearing. Requests for the EA and comments on the EA should be directed to:
