13. The list of buildings exempt from the commercial building code is expanded to include (A) a one- or two-family dwelling used as a foster home, treatment foster home, or group home, or as a child caring institution having a capacity for 8 or fewer children; (B) a one- or two-family dwelling in which a public or private day care center for 8 or fewer children is located; (C) a one-classroom school building operated by and for members of a bona fide religious denomination that has teachings and beliefs prohibiting use of products, devices, or designs which are needed to comply with the code; and (D) any building or portion of a building that is exempted from the code by federal or state law. [Comm 50.04 (11), (12), (14), and (15)]
14. The current language is expanded and clarified for electing to comply with the historic building code, rather than the commercial building code or the existing buildings code, for qualified historic buildings. [Comm 50.055, 70.03 (1) (a) 3., and 75.001 (1) (e)]
15. References to sample Departmental forms in the Appendix are deleted, the sample forms are deleted from the Appendix, and Notes are added stating that some forms are available from the Division's web site. [Comm 50.10 (3), 50.25, 50 to 64 Appendix, 66.09 to 66.26, and 66 Appendix.]
16. Departmental plan examination is exempted for small greenhouses and mini-storage buildings, which are specified as containing less than 25,000 cubic feet total volume. [Comm 50.12 (1) (i) 1.]
17. Departmental plan examination is exempted for antenna structures. [Comm 50.12 (1) (i) 2.]
18. An option is created that allows substituting Department plan approval with design and construction supervision by a registered design professional, for (A) buildings which contain from 25,000 to 50,000 cubic feet of volume and which are storage garages, greenhouses, mini-storage buildings, or within the scope of ch. Comm 54, such as factories and office buildings; and (B) buildings which contain less than 25,000 cubic feet and which are within the scopes of chs. Comm 55 to 61 and 66, such as theaters, assembly halls, schools, hotels, motels, multifamily dwellings, health care facilities, places of detention, airplane hangers, child day care facilities, and community-based residential facilities. Where this option is elected, a written notice and filing fee must be sent to the Department. [Comm 50.12 (1t) and 66.14 (1t)]
19. Language is created for commercial buildings and multifamily dwellings that requires submittal of structural component plans to the Department, and requires the design to be by a registered professional for buildings containing volumes exceeding 50,000 cubic feet. [Comm 50.12 (3) (g) and 66.14 (2) (f)]
20. Language is created for commercial buildings that clarifies submittal requirements for individually-owned or leased spaces within multiple-tenant or-owner buildings, or for additions to existing buildings, particularly for buildings where previous submittals were to another review office. [Comm 50.12 (4) (e)]
21. Language is created for commercial buildings and multifamily dwellings that allows 2nd class cities, under specified conditions, to review plans for the large buildings which formerly were reviewed only by the Department and first class cities. The specified conditions include (A) having a registered architect or engineer supervise the review, (B) collecting the same building and owner application information as required by the Department, and (C) providing program administration fees and monthly activity reports to the Department. The language includes submittal instructions for projects with multiple submittals that are not directed to the same review office. [Comm 50.21 (2) (j), and (5) (b) and (e) 1. b. and 4. to 9.; and 66.24 (2) (k), and (5) (b) and (e) 3. b. and 4. to 7.]
22. Language is created for commercial buildings and multifamily dwellings that allows a municipality to choose to assume only the Department's inspection responsibilities, rather than assume both inspection and plan review responsibilities. [Comm 50.21 (2) (k) and 66.24 (2) (l)]
23. Language is created for commercial buildings and multifamily dwellings that allows a certified municipality to review plans for any building addition containing no more than 2,500 square feet of total floor area and no more than one floor level, provided the largest roof span does not exceed 18 feet and the exterior wall height does not exceed 12 feet. [Comm 50.21 (5) (c) 3. b. and 66.24 (5) (c) 3. b.]
24. Language is created for commercial buildings that allows a municipality to retain its plan approval records in an electronic-based format rather than retain the original documents, and allows disposal of the records or documents after four years. [Comm 50.21 (5) (f) 1. b.]
25. Language is created for commercial buildings and multifamily dwellings that allows a municipality, under specified conditions, to become an appointed agent of the Department, for reviewing plans and performing inspections for any building which would otherwise be the responsibility of the Department. The specified conditions include (A) documenting the qualifications of the municipality, (B) documenting the Department's responsibilities that are desired by the municipality, (C) collecting the same building and owner application information as required by the Department, and (C) providing program administration fees and monthly activity reports to the Department. The language includes submittal instructions for projects with multiple submittals that are not directed to the same review office. [Comm 50.22 and 66.24 (8)]
26. Language is created describing the appeal process for any person who owns or occupies property that is affected by an order of the Department. [Comm 50.27]
27. A national standard for testing flame-resistant textiles and films is incorporated into the commercial building code. [Comm Table 51.25-17 Line 17]
28. Language is created that allows omitting toilet rooms in retail or mercantile buildings which accommodate no more than 25 occupants, provided (A) other restrooms are conveniently available, (B) the omission is approved in writing by the local unit of government, and (C) the written local approval is filed with the Department. [Comm 54.12 (1) (a) and (2) (b) 4.]
29. Language for the number of sanitary fixtures at public swimming facilities is clarified to more clearly convey the minimum number of fixtures that are required by the commercial building code, the multifamily dwelling code, or the public swimming pool code. [Comm 54.05 (4); 54.12 (1) (c) Note; Table 54.12-A and Footnotes 1 and 2; 54.12-B Notes (2) and (3); 55.32 (2) Note; Table 55.32, Footnote 4, and Notes (2) and (5); 66.45 (2) (b) 2; and 90.16 (1)]
30. Language is created for self-service gasoline stations that use a key- or card-operated fuel dispensing device, which allows toilet rooms to be unavailable during periods when the station is unattended by an employe. [Comm 54.12 (2) (f) 2. b.]
31. Language is repealed that allows only the Department or 1
st class cities to perform statutorily required maintenance inspections of public schools. [Comm 56.21]
32. Life-safety requirements for public schools constructed before 1950 are repealed. [Comm 56 Subchapter IV]
33. The scope sections of Comm 57 and 66 are clarified to more clearly convey that Comm 57, rather than Comm 66, applies to an addition or alteration for multifamily dwellings that were approved prior to the implementation of Comm 66 in 1995. [Comm 57.001 (1) (k) and 66.02 (1) (a) to (d)]
34. Language is created that allows supporting an antenna system with a structure that is used for electric power or communication systems, provided a registered architect or engineer determines the support system will sustain all the live, dead, and special loads imposed on it. [Comm 62.40]
35. Language is created that codifies the design and construction requirements which are currently applied to membrane structures. [Comm 62 Subchapter IV]
36. A previous cross-reference is reinserted requiring only one means of egress from a loft. [Comm 66.345 (3) (a)]
37. Language is created clarifying how the Comm 52.07 atrium requirements apply to multifamily dwellings. [Comm 66.41 (4) (d)]
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.
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 hearings. Requests for the EA and comments on the EA should be directed to:
Robert Langstroth
Division of Safety & 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 December 3, 1999.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Builders and owners of commercial buildings and multifamily dwellings may encounter lower costs in receiving plan approvals and inspections from local governments rather than from the Department.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
No new requirements.
3. Types of professional skills necessary for compliance with the rules.
No new requirements.
Fiscal Estimate
The Department is promulgating minor changes that primarily relate to administering the commercial building code and the uniform multifamily dwellings code. These changes are currently expected to have no significant long-term impacts on costs or revenues at either state or local levels.
Notice of Hearing
Commerce & Natural Resources
(Petroleum Environmental Cleanup Fund
Interagency Responsibilities,
Chs. Comm 46 & NR 746)
Notice is hereby given that, pursuant to s. 227.11 (2)(a), 227.24 and 227.26 (2)(b), Stats., interpreting ss. 101.143, 101.144, 292.11 and 292.31 and ch. 160, Stats., the Department of Commerce and the Department of Natural Resources will hold a joint public hearing on the creation of a joint emergency rule in ch. Comm 46 and ch. NR 746, Wis. Adm. Code, relating to sites contaminated with petroleum products from petroleum storage tanks.
Notice is hereby further given that pursuant to s. 227.114, Stats., it is not anticipated that the proposed emergency rule will have any negative economic impact on small businesses.
Notice is hereby further given that the Department of Commerce and the Department of Natural Resources have each made a preliminary determination that the creation of ch. Comm 46 and ch. NR 746 does not involve significant adverse environmental effects and does not need an environmental analysis under ch. Comm 1 or NR 150, Wis. Adm. Code, respectively. However, based on the comments received, the Department of Commerce or the Department of Natural Resources may prepare an environmental analysis. This environmental review document would summarize the Department's consideration of the impacts of the emergency rule and reasonable alternatives.
Hearing Information
November 18, 1999 Room 027
Thursday GEF II Office Bldg.
1:00 p.m. 101 S. Webster St.
Madison, WI
Notice is hereby further given that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Patrick McCutcheon at (608) 264-6019 with specific information on your request at least 5 business days before the date of the scheduled hearing.
Written Comments
Written comments on the emergency rule ch. Comm 46 and ch. NR 746, adopted by the Department of Commerce and the Department of Natural Resources, may be submitted to Sam Rockweiler, Department of Commerce, 201 W. Washington Avenue, 4th Floor, P0 Box 2689, Madison, WI 53707-2689, and Patrick McCutcheon, Bureau for Remediation and Redevelopment, DNR, 101 5. Webster Street, P.O. Box 7921, Madison, WI 53707-7921, no later than December 17, 1999. Written comments that are mailed to the Departments will be given the same weight and effect as oral statements presented at the hearings. A copy of emergency rule ch. Comm 46 and ch. NR 746, and the corresponding fiscal estimates, may be obtained from Sam Rockweiler at (608) 266-0797 and Patrick McCutcheon at (608) 264-6019.
Fiscal Estimate
The Department is promulgating the rule to codify provisions in the working relationship between the Departments of Natural Resources and Commerce in the administration of the PECFA program. At this point in time, the longer term fiscal impact of these changes cannot be determined. A workload study will follow that will be completed by the two agencies after implementation and assessment of impact.
Notice of Hearing
Controlled Substances Board
Notice is hereby given that pursuant to authority vested in the Controlled Substances Board in ss. 961.11 (1) and (2), 961.15, 961.17 and 961.19, Stats., and interpreting ss. 961.16, 961.18 and 961.20, Stats., the Controlled Substances Board will hold a public hearing at the time and place indicated below to consider an order to create s. CSB 2.25, relating to the scheduling of certain drugs under ch. 961, Stats., the Uniform Controlled Substances Act.
Hearing Information
December 1, 1999 Room 179A
Wednesday 1400 East Washington Ave.
at 9:15 a.m. Madison, WI
Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by December 10, 1999, to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 961.11 (1) and (2), 961.15, 961.17 and 961.19
Statutes interpreted: ss. 961.16, 961.18 and 961.20
This proposed rule-making order of the Controlled Substances Board involves the scheduling of six drugs under ch. 961, Stats., the Uniform Controlled Substances Act (CSA). A review the federal controlled Substances Act (FCSA) indicates that the federal Drug Enforcement Administration (DEA) has scheduled five drugs under the FCSA that are not currently scheduled in this state. Also, the DEA has changed the scheduling of one drug resulting in its currently being federally classified differently than in this state.
The proposed rule would add Remifentaril to Schedule II of the CSA, add Fenproporex, Modafinil, Sibutramine and Zolpidem to Schedule IV, and transfer Dronabinol from Schedule II to Schedule III. It also corrects the spelling of the Schedule II drug, Carfentanil.
Drugs that are classified as “controlled substances" under federal and state laws are subject to higher civil and criminal penalties for their illicit possession, distribution and use than other drugs that are not so classified. Health care providers are also subject to greater recordkeeping requirements respecting their obtaining, prescribing and dispensing of such drugs. This is due to the fact that certain drugs have a greater likelihood of abuse, addiction and adverse consequences to patient health if utilized inappropriately than do other drugs. The primary agency involved in investigating and evaluating drugs for their abuse and addictive potential is the FDA. In doing so, it utilizes several factors that are counterparts to those listed in s. 961.11 (1m), Stats., including scientific testing and public input in determining whether a drug should be subjected to higher recordkeeping and penalty provisions for controlled substances, and, if so, into which schedule the medication should be placed. The classifications of the drugs under this rule will bring this state's treatment of them into conformity with that accorded at the federal level.
Text of Rule
SECTION 1. CSB 2.25 is created to read:
CSB 2.25 Addition of remifentanil to schedule II; transfer of dronabinol from schedule II to schedule III; addition of fenproporex, modafinil, sibutramine and zolpidem to schedule IV. (1) Section 961.16 (3) (cm), Stats., is amended to read:
(cm) Carfentanal Carfentanil;
