Agriculture, Trade and Consumer Protection
Rule Submittal Date
On December 13, 2000, the Department of Agriculture, Trade and Consumer Protection submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule-making order amends s. ATCP 97.04 (4) (a) 1. to 5., relating to public warehouse keeper license fees.
Agency Procedure for Promulgation
A hearing is scheduled for January 18, 2001.
Contact Information
If you have questions, please contact:
Linda Meinholz
Telephone: (608) 224-4933
Commerce
Rule Submittal Date
On December 11, 2000, the Department of Commerce submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule-making order affects chs. Comm 4, 14, 16, 50 to 64, 65, 66, 69, and 73, relating to construction and fire prevention for public buildings and places of employment, including commercial buildings and structures, and multifamily dwellings.
Agency Procedure for Promulgation
Hearings have been scheduled for January 16, 18, 23, and 25, 2001.
Contact Information
If you have questions, please contact:
Sam Rockweiler
Department of Commerce
Telephone: (608) 266-0797
Mailing Address:
Department of Commerce
4th Floor, 201 W. Washington Avenue
Madison, WI 53703
Health and Family Services
Rule Submittal Date
On December 7, 2000, the Department of Health and Family Services submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
These are amendments to the Department's rules for immunization of children before they enter school and while in school. The rules apply to children attending elementary school, middle school, junior or senior high school or a day care center. The rules implement s. 252.04 (1) to (7) and (10), Stats.
This rulemaking order adds varicella (chicken pox) to the list of diseases against which students are to be immunized. Section 252.04 (1), Stats., mandates the Department's implementation of a statewide immunization program to eliminate mumps, measles, rubella (German measles), diphtheria, pertussis (whooping cough), poliomyelitis and other diseases that the Department specifies by rule, and to protect against tetanus. To these diseases, the Department has previously added hepatitis B. The Department is authorized under s. 252.04 (1) and (2), Stats., to add diseases to that list by rule.
The Department has decided to add varicella to the list of diseases specified in ch. HFS 144 based on recommendations of the federal Centers for Disease Control Advisory Committee on Immunization Practices that children entering child care facilities and elementary and middle schools either receive varicella vaccine or have other evidence of immunity to varicella. Varicella causes more illness than any other childhood vaccine-preventable disease. In 1998, 4,446 cases of varicella were reported in Wisconsin. Complications from varicella can lead to hospitalization and even death. Before the availability of varicella vaccine, varicella caused an estimated 11,000 hospitalizations and 100 deaths per year in the United States. Since children affected by the rule may have already had varicella, parents will be able to comply with the requirement by indicating that their child has had the disease.
The Department proposes to phase-in the requirement for immunization against varicella beginning with the 2001-02 school year. For the 2001-02 school year, the requirement will apply to any child entering a day care center or kindergarten. The requirement would apply to all grades by the 2005-06 school year.
This rulemaking order also proposes:
1. Increasing by 4 months the age at which measles-mumps-rubella (MMR) vaccine is required from the currently specified 12 month age to conform to the Centers for Disease Control's annually updated Recommended Childhood Immunization Schedule;
2. Clarifying that the requirement for a dose of DTP/DTaP/DT/Td vaccine (i.e., any combination of diphtheria, tetanus and pertussis vaccine; diphtheria, tetanus and acellurlar pertussis vaccine; pediatric type diphtheria and tetanus vaccine; or adult type tetanus and diphtheria vaccine) to be received after the 4th birthday applies to children in kindergarten only; and
3. Reducing the Hep B (hepatitis B) requirement from 3 doses to 2 doses for students who receive a licensed two-dose formulation of Hep B vaccine.
Agency Procedure for Promulgation
Public hearings have been scheduled for January 16, 17, and 18, 2001.
Contact Information
If you have questions, please contact:
Marjorie Hurie
Division of Public Health
Telephone: (608) 266-8621
Mailing Address:
Department of Health and Family Services
Room 318, 1 W. Wilson Street
Madison, WI 53703
Health and Family Services
Rule Submittal Date
On December 7, 2000, the Department of Health and Family Services submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
Under Chapter HFS 163, Wis. Adm. Code, a person offering, providing or supervising lead-based paint activities for which certification is required must be certified as a lead company and may only employ or contract with appropriately certified individuals to perform these activities. September 2000 regulations issued by the U.S. Department of Housing and Urban Development (HUD) require most properties owned by the federal government or receiving federal assistance to conduct specified activities to make the property lead-safe. The HUD regulations most directly affect property owners receiving federal rehabilitation funds and landlords whose tenants receive federal rental assistance. To meet HUD's lead-safe standards, most affected properties must have a risk assessment completed and must use certified persons to reduce or eliminate the lead-based paint hazards identified in the risk assessment report. Property owners must also use trained people to perform maintenance or renovation activities and must have a clearance visual examination and dust-lead sampling conducted after completing activities that disturb lead-based paint. The regulations also require annual re-evaluation of the property by a certified lead risk assessor. The federal government assumes that states will commence lead abatement activities compliant with the federal regulations beginning March 15, 2001.
The Department estimates that about 5,000 structures in the state require lead abatement activities. About 300 persons need to be trained to conduct lead abatement activities on these 5,000 structures. Without DHFS issuance of revised training program requirements, Wisconsin's lead training programs will not alter their courses to HUD standards or receive state accreditation in time for sufficient personnel to be trained by the time high demands for lead abatement commences. Consequently, on December 1, 2000, the Department revised its training accreditation and certification requirements of ch. HFS 163 by emergency order.
An individual may apply for certification in the following disciplines: lead low-risk worker, low-risk supervisor, high-risk worker, contractor supervisor, hazard investigator, inspector, risk assessor, project designer and sampling technician. For initial certification, the individual must be 18 years of age or older, must meet applicable education and experience qualifications, must successfully complete certification training requirements and, to be certified as a lead hazard investigator, inspector, risk assessor, low-risk supervisor or contractor supervisor, must pass a certification examination. In addition, the Department must accredit the lead training courses that prepare persons for certification.
In addition to the recently issued federal regulations, 1999 Wisconsin Act 113 requires the Department to review local ordinances and promulgate rules using a research-based methodology. These rules must establish all of the following:
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A process for issuing the certificates and registering the properties for which certificates are issued.
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Procedures for revoking a certificate, and the period of validity for a certificate.
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What interim lead hazard control measures a new owner must take in vacant units when immunity from liability from liability is provided during the first 60 days after acquiring a new dwelling.
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The requirements for a training course of up to 16 hours that property owners, their agents and employees must complete if seeking certification.
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The scope of the lead investigation and lead hazard reduction activities that may be performed following certification.
If a dwelling unit has a valid certificate of lead-free or lead-safe status when a person who resides in or visits the unit is lead poisoned, the property owner, and his or her agents and employees are generally immune from civil and criminal liability for their acts or omissions related to the lead poisoning or lead exposure.
Therefore, the proposed repeal and recreation of ch. HFS 163 will accomplish dual purposes. They will bring ch. HFS 163 into compliance with the recently issued federal regulations and revise the chapter pursuant to 1999 Wisconsin Act 113.
Agency Procedure for Promulgation
Public hearings are scheduled for January 12, 16, 17, 18, and 19, 2001.
Contact Information
If you have questions, please contact:
Gail Boushon
Asbestos and Lead Section
Division of Public Health
Telephone: (608) 267-2289
Mailing Address:
Department of Health and Family Services
Room 145, 1 W. Wilson St.
Madison, WI 53703
Natural Resources
Rule Submittal Date
On December 8, 2000, the Department of Natural Resources submitted a proposed rule [Board Order No. FR-42-00] to the Legislative Council Rules Clearinghouse.
Analysis
The proposed rule-making order affects ch. NR 47, relating to the federal cost sharing program to suppress gypsy moths.
Agency Procedure for Promulgation
A public hearing is scheduled for January 31, 2001.
Contact Information
