This emergency rule modifies current animal health rules related to the import of swine and the prevention and control of pseudorabies in Wisconsin. This rule does the following:
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Under current rules, if a person imports animals without complying with disease testing requirements, the department may summarily order that the animals be destroyed or removed from this state. This rule retains the department's authority to order destruction or removal. This rule also authorizes the department to perform the required tests and charge the owner for the tests.
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Swine imported from pseudorabies stage I or II states must originate from a pseudorabies qualified negative herd or qualified negative grow-out herd that qualifies on the basis of monthly testing.
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Breeder swine or show pigs imported from a pseudorabies stage III state must meet one of the following requirements:
* They must originate from a pseudorabies qualified negative herd or qualified negative grow-out herd that qualifies on the basis of monthly testing.
* They must test negative on a pseudorabies test conducted not more than 30 days before the animals are imported into Wisconsin.
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The person who imports swine from a pseudorabies stage I, II or III state must obtain an import permit from the department. If the swine originate from a pseudorabies stage I or II state, the department may not issue the permit until the person receiving the import shipment enters into a herd plan with the department.
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All breeder swine and all show pigs imported from a pseudorabies stage I, II or III state must be tested for pseudorabies not less than 30 nor more than 45 days after import.
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A person receiving swine (other than breeder swine or show pigs) from a pseudorabies stage I, II or III state must test a representative statistical sample of those swine for pseudorabies not less than 30 nor more than 45 days after import.
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All slaughter swine originating from a pseudorabies stage I or II state must be shipped directly to a slaughter establishment in a sealed vehicle, and must be accompanied by a USDA permit (Form VS 1-27) or a Wisconsin import for slaughter form completed by a person approved by the department.
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No swine imported from a pseudorabies stage I or II state for feeding prior to slaughter may be removed from the feeding premises except for shipment directly to slaughter.
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A veterinarian issuing a certificate of veterinary inspection for swine imported from a pseudorabies stage I, II or III state must submit the certificate to DATCP by fax or electronic transmission within 24 hours.
Fiscal Estimate
The department does not expect this emergency rule to any effect on local governments. It will have minimal effects on state government. Any additional work or costs associated with this emergency rule will be absorbed in the Department's current spending authorization.
Initial Regulatory Flexibility Analysis
A regulatory flexibility analysis as required under s. 227.114, Stats., will be prepared and published as part of a proposed permanent rule to repeal and recreate s. ATCP 11.20 and to create ss. ATCP 11.01(11m) and 11.73 Wis. Adm. Code.
Copies of the Emergency Rule
A copy of the emergency rule to be considered may be obtained, free of charge, from:
Animal Health Division
Wisconsin Department of Agriculture,
Trade and Consumer Protection
P.O. Box 8911
Madison, WI. 53708-8911
Notice of Hearings
Commerce
Uniform Dwelling Code,
Chs. Comm 20-25)
Notice is hereby given that pursuant to ss. 101.02 (1), 101.63 (1), 101.64 (3), 101.72 and 101.74, Stats., the Department of Commerce will hold public hearings on proposed rules relating to Municipal Inspection Requirements Under the Uniform (1-2 Family) Dwelling Code.
Hearing Information
June 28, 2000 Tommy G. Thompson
Wednesday Conference Center
10:00 a.m. Room 3B
201 W. Washington Ave.
Madison, WI
June 29, 2000 Plover Municipal Bldg.
Thursday First Floor Boardroom
10:30 a.m. 2400 Post Road*, Plover, WI
*Post Road is Business
Highway 51
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 Friday, July 14, 2000 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 Audrey Fries, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, Wisconsin 53701, telephone (608) 266-9375 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Analysis of Proposed Rules
Statutory Authority: ss. 101.02 (1), 101.63 (1), 101.64 (3), 101.72 and 101.74
Statutes Interpreted: s. 101.651 (2m)
1999 Wis. Act 9 altered requirements in s. 101.651, Stats., and expanded the Uniform Dwelling Code (UDC) permit and inspection program to apply mandatorily to cities, villages and towns with populations of 2,500 or less. Effective May 1, 2000, the Department of Commerce will be required to operate a UDC permit and inspection program for newly constructed homes in municipalities with populations of 2,500 or less in which the county or the municipality does not take action. Cities, villages and towns with populations of 2,500 or less would be able to opt out of the county or state permit and inspection program by resolution of the governing board filed with the Department.
This law gives four options for municipalities with populations of 2,500 or less:
1. The city, village or town can run the program.
2. The county can run the program, with approval from the municipality.
3. The state can run the program.
4. The city, village or town can opt out of a county or state run program, thus having no program.
Cities, villages and towns with populations greater than 2,500 must have a permit and inspection program. If these larger municipalities do not provide a permit and inspection program, the county government can conduct a program. If municipalities with populations greater than 2,500 fail to adopt a program and there is no county ordinance, the State must run the program.
The proposed rules will clarify requirements for municipalities that choose to take on the new inspection and permitting duties and will clarify the Department's procedures for municipalities that choose to have the state run their programs.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 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.
Fiscal Estimate
Assumptions Used in Arriving at Fiscal Estimate:
1999 Wis. Act 9 expanded the Uniform Dwelling Code (UDC) permit and inspection program to apply mandatorily to cities, villages and towns with populations of 2,500 or less. Effective May 1, 2000, the Department of Commerce will be required to operate a UDC permit and inspection program for newly constructed homes in municipalities with populations of 2,500 or less in which the county or the municipality does not take action. Cities, villages and towns with populations of 2,500 or less would be able to opt out of the county or state permit and inspection program by resolution of the governing board filed with the Department.
Based on census data, it is anticipated that there will be 11,500 new housing starts annually that are currently not under permit. Commerce estimates that 75 % of these housing starts (8,600 homes) will secure UDC permits and have a permit and inspection activity associated with each permit. That means municipalities, counties or Commerce will be providing permit and inspection programs for the new housing starts. Municipalities and counties that provide permit and inspection programs will administer their own programs. Municipalities and counties that do not administer their own programs will have the permit and inspection programs administered by Commerce. It is anticipated that 50 percent of the UDC permits issued (4,300 homes) will have permit and inspection programs administered through Commerce.
For those permit and inspection programs that Commerce will be responsible for, Commerce will contract with third party agents to provide the services. The agents, who will be UDC-certified building inspectors, will review building plans, perform field inspections, issue permits and collect fees. A bidding process based on predetermined service criteria will be used to select the agents. The agents will charge permit fees and fund their costs from the fee. The agents will purchase uniform building permit seals from Commerce at a cost of $25.00 each.
Although it is anticipated that all permit and inspection programs administered through Commerce will be through contracted agents, there will be added duties for Commerce staff. Added duties include consultation, contract administration, education and training, contractor and local government auditing, permit handling, and review of petitions for variance. Existing staff cannot absorb the expanded duties required by this law change. An additional 3.2 FTE positions (2.0 FTE building inspector and 1.2 FTE program assistant) will provide the Division with the ability to meet the demands of the expanded program.
Municipalities and agents would have to purchase Uniform Building Permit Seals with every new housing start that secures a UDC permit. It is anticipated that increased revenue generated from the purchase of the Uniform Building Permit Seal, at a fee of $25 each, will cover the projected costs.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Homebuilders who have previously done business only in non-enforcing municipalities will now be subject to permitting, plan review, and inspection activities.
Independent inspection firms will be affected. There will be a greater demand for their services.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Homebuilders who have previously done business only in non-enforcing municipalities will have to comply with rules for obtaining permits and for complying with plan review requirements.
A larger number of inspectors will have to obtain seals from the department or municipality and will be required to forward inspection reports for completed projects to the department.
3. Types of professional skills necessary for compliance with the rules.
There should be no additional professional skills needed to comply with these rules.
Notice of Hearing
Regulation & Licensing
Notice is hereby given that pursuant to authority vested in the Department of Regulation and Licensing in ss. 227.11 (2), 440.26 (1) (b), (2) (c), (3m) and (6) and 440.974 (2), Stats., and interpreting ss. 440.03 (13), 440.26 and 440.974 (2), Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an order to repeal s. RL 34.015 (5); to amend ss. RL 30.01 (9), 31.03 (1) (b), 31.035 (1) (b), 31.036 (1) (b), 32.03, 33.05, 34.01 (4), 34.02 (1), (2) (intro.), (a), (2) (b), (5) and (6); to repeal and recreate s. RL 31.05; and to create ss. RL 30.01 (10g), 31.03 (4), 31.035 (4), 31.036 (5), 33.025, 33.06 (2) (d), 34.04 (2) (a), 1., 2. and 3., (7) and (8) and 35.01 (4m), relating to peace officers, causes for denial, firearms permits, and firearms proficiency certifiers.
Hearing Information
July 7, 2000 1400 East Washington Avenue
Friday Room 133
10:00 A.M. Madison, Wisconsin
Appearances at the Hearing
