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
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 July 17, 2000 to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing.
Statutes authorizing promulgation: ss. 227.11 (2), 440.26 (1) (b), (2) (c), (3m) and (6) and 440.974 (2)
Statutes interpreted: ss. 440.03 (13), 440.26 and 440.974 (2)
This rule proposal includes the following changes:
SECTION 1 makes a technical change that removes unnecessary words from the definition of “original private detective license."
SECTION 2 defines “peace officer."
SECTIONS 3-8 exempt peace officers from the requirement to submit fingerprint cards with their application for a license or permit.
SECTION 9 lists causes for denial of an application for a license or a permit. The proposed rules permit the department to require an applicant to submit an evaluation report, as assessment report or a physical examination report relating to certain types of addictions or disorders. The department may deny a license or permit to applicants who make misrepresentations on an application, who have been adjudged to be mentally incompetent, who have various emotional and behavioral disorders, and who are addicted to alcohol or controlled substances.
SECTION 10 corrects an error in the current rules relating to the fee that is required of persons who renew a license or a permit after it has expired for 5 years or more.
SECTION 11 creates a requirement that a person, while on duty as a private security person, have on his or her person a private security permit issued by the department and, if carrying a firearm, a firearms permit issued by the department.
SECTION 12 clarifies the intent of a current rule by stating that licensed private detectives may not wear, use or display any badge, shield or star in the course of acting as a private detective.
SECTION 13 adds “insurance companies" to the list of those with whom a private detective agency is not required to enter into a written agreement before providing services to them.
SECTION 14 amends s. RL 34.01 (4) to provide that a peace officer, as defined in s. 939.22 (22), Stats., may carry on, about or near his or her person a firearm, concealed or otherwise, when acting as a private detective or private security person, provided that the peace officer obtains a firearms permit from the department. The department may grant an exemption from this requirement to a peace officer who submits to the department a letter from a law enforcement agency, written not more than one month before the date of receipt by the department, stating that the law enforcement agency will accept liability for the peace officer's use of a firearm while on duty for the private detective agency.
SECTION 15 repeals a rule that requires applicants for a firearms permit to submit fingerprint cards with their application for a permit. This change is proposed because the department now issues permits to private security persons and the department requires them to submit fingerprint cards with their application for a private security permit.
SECTION 16 repeals the requirement that the firearms training be repeated with each specific type of firearm the person will carry.
SECTIONS 17, 18 and 19 permits the department to approve a person as a firearms proficiency certifier, not just when currently-approved by the Wisconsin law enforcement standards board or currently-certified by the National Rifle Association, but also when the person has received comparable training, as specifically stated in the rule, from a staff instructor of the National Rifle Association or a regional school approved by the Wisconsin Law Enforcement Standards Board.
SECTION 20 requires a firearms proficiency certifier to annually apply for approval as a firearms proficiency certifier.
SECTION 21 creates an additional cause for discipline, that is, the fact that a private security person fails to carry the required permits when on duty as a private security person.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to: Pamela Haack, Department of Regulation and Licensing, Office of Administrative Rules, 1400 East Washington Avenue, Room 171, P.O. Box 8935, Madison, Wisconsin 53708 (608) 266-0495.
Notice of Hearing
Regulation and Licensing
(Real Estate Appraisers Board)
Notice is hereby given that pursuant to authority vested in the Department of Regulation and Licensing in ss. 227.11 (2) and 458.24, Stats., and interpreting ss. 458.24 and 458.26 (3) (b), 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 86.01 (6); and to repeal and recreate ch. RL 87, Appendix I, relating to the 2000 edition of the Uniform Standards of Professional Appraisal Practice (USPAP).
Hearing Information
The hearing will be held as follows:
Date and Time Location
June 28, 2000 Room 180
Wednesday 1400 East Washington Ave.
9:45 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 Friday, June 30, 2000 to be included in the record of rule-making proceedings.
Analysis Prepared by the Dept. of Regulation and Licensing
Statutes authorizing promulgation: ss. 227.11 (2) and 458.24
Statutes interpreted: ss. 458.24 and 458.26 (3) (b)
In this proposed rule-making order, the Department of Regulation and Licensing repeals s. RL 86.01 (6) and repeals and recreates the Uniform Standards of Professional Appraisal Practice (“USPAP") which is contained in ch. RL 87, Appendix I.
Section RL 86.01 (6) states that a certified or licensed appraiser shall not offer to perform, nor perform, services which he or she is not competent to perform through education or experience. This provision is being repealed because it is not consistent with the Competency Rule contained in USPAP. The Competency Rule states that prior to accepting an assignment or entering into an agreement to perform any assignment, an appraiser must properly identify the problem to be addressed and have the knowledge and experience to complete the assignment; or alternatively:
• Disclose the lack of knowledge and/or experience to the client before accepting the assignment; and
• Take all steps necessary or appropriate to complete the assignment competently; and
