Register

2811 Agriculture Drive

Madison, WI 53718-6777

The public is invited to attend the hearing and comment on the proposed rule. Following the public hearing, the hearing record will remain open until January 28, 2001 for additional written comments.

A copy of the proposed rule may be obtained, free of charge, from the Wisconsin of Department of Agriculture, Trade and Consumer Protection, Division of Trade & Consumer Protection, P.O. Box 8911, Madison, WI 53708-8911, or by calling [phone]. Copies will also be available at the public hearing.

An interpreter for the hearing impaired is available upon request for the hearing. Please make a reservation for a hearing interpreter by January 11, 2001, by contacting Linda Meinholz at [phone] or Don Furniss at [phone] or by contacting the TDD at the Department at [phone]. Handicap access is available at the hearing.

Analysis Prepared by the Department of Agriculture, Trade and Consumer Protection

Statutory Authority: ss. 93.02 (3) (a) and 99.08.

Statutes Interpreted: Ch. 99.

This rule increases annual license fees for public storage warehouses licensed under Wis. Stat. ch. 99. These are warehouses that store property (food, wearing apparel, cars, boats, furniture, household goods, etc.) for others for hire.

The department of agriculture, trade and consumer protection (DATCP) licenses public storage warehouses to protect depositors. The following warehouses are exempt from licensing under Wis. Stat. ch. 99:

•   A warehouse used only for the warehouse keeper's property

•   A grain warehouse licensed under Wis. Stat. ch. 127.

•   A frozen food locker plant.

•   A cooperative warehouse used to store farm products and merchandise only for cooperative members.

•   A municipal warehouse.

•   A dairy plant warehouse used to store the dairy plant's own products.

•   A vegetable processor's warehouse used to store the processor's own products.

•   A warehouse operated by a common carrier, if the common carrier transfers and stores property for periods of not more than 30 days.

•   A warehouse licensed under the United States warehouse act.

•   A “mini-warehouse" or other storage space rented to a person who has free access to the storage space and is responsible for the property stored there.

DATCP has adopted public storage rules under Wis. Admin. Code ch. ATCP 97. Among other things, the current rules establish annual license fees for public storage warehouses. Warehouse keepers pay annual license fees based on the warehouse size.

DATCP's regulatory program is funded entirely by license fees. Current fees are not adequate to cover program costs. This rule increases license fees as follows:

Warehouse	Size (Sq. Ft.)	Current Fee	Proposed Fee
Class 1	1–9,999	$75	$90
Class 2	10,000-49,000	$150	$185
Class 3	50,000-99,999	$240	$300
Class 4	100,000–149,999	$320	$400
Class 5	150,000–Over	$420	$500

Fiscal Estimate

This rule amends Wis. Admin Code ATCP 97.04 (4) (a) to increase the annual license fees paid by public warehouse keepers. Increases ranging from 20% to 25%, depending on license class, will provide additional revenues of approximately $16,200 annually beginning with the license year July 1, 2001. The department estimates one-time costs of approximately $500 for printing, mailing and holding hearings on the proposed rule changes.

Initial Regulatory Flexibility Analysis

The Department of Agriculture, Trade and Consumer Protection regulates public warehouse keepers to protect depositors. The regulatory program is funded entirely by license fees. Current fees are not adequate to sustain the program. License fees were last increased in 1994.

This rule increases annual license fees for public warehouse keepers, many of whom are small businesses. The fee increases range from 20% to 25%, depending upon the square footage of space used for storage of property of others, with a maximum increase of $100.

Notice of Hearings

Commerce

[CR 00-179]

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1) and (15), 101.025, 101.027, 101.13, 101.132, 101.135, 101.14 (1) and (4), and 101.973 (1), Stats., the Department of Commerce will hold public hearings on proposed rules chs. Comm 4, 14, 16, 50 to 64, 66, 69 and 70 relating to construction and fire prevention for public buildings and places of employment, including commercial buildings and structures, and multifamily dwellings.

The public hearings will be held as follows:

Date and Time:   Location:

January 16, 2001   Thompson Commerce Center, Third

Tuesday   Floor, Room 3B, 201 West Washington

9:30 a.m.   Avenue, Madison, WI

January 18, 2001   Turtleback Golf and Conference Center

Thursday   1985 18½ Street (On West Allen Street)

10 a.m.   Rice Lake, WI

January 23, 2001   Green Bay State Office Building

Tuesday   Room 152A

10 a.m.   200 North Jefferson Street

  Green Bay, WI

January 25, 2001   Waukesha County Technical College,

Thursday   Room B0201

10 a.m.   800 West Main Street
  Pewaukee, WI

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 February 9, 2001, 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 [phone] or TTY at [phone] 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 should be submitted to Sam Rockweiler, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.

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 [phone], or [phone] (TTY). Copies will also be available at the public hearings.

Analysis of Proposed Rules

Statutory Authority and Statutes Interpreted

Statutory Authority: ss. 101.02 (1) and (15), 101.025, 101.027, 101.13, 101.132, 101.135, 101.14 (1) and (4), and 101.973 (1)

Statutes Interpreted: ss. 101.02 (1), (6), (7), (7m), and (15); 101.025; 101.027; 101.11; 101.12; 101.13; 101.132; 101.135; 101.14 (1), (4), and (4m); 101.73; and 101.973 (1)

Overview

Under the statutes cited, the Department protects public health, safety, and welfare by promulgating fire prevention requirements and construction requirements for public buildings and places of employment, including commercial buildings and structures and multifamily dwellings. These requirements are currently contained in chapters Comm 14, Comm 50 to 64, and Comm 66, respectively. These requirements began and evolved over the past ninety years.

Following enactment of the “Safe Place" statutes in Wisconsin in 1911, Wisconsin became the first state in this country to adopt a state building code. In the early 1920's, building inspectors in other states began forming what eventually became three regional model code groups, to develop and offer model codes for adoption at state and local levels. In developing its building codes over the past century, Wisconsin has traditionally relied on the model codes, on input from affected parties, and on various consensus standards produced by nationally recognized technical societies.

In the mid 1990's, the three model code groups joined together for the purpose of replacing their codes with a single set of jointly-developed model codes for building construction. Publication of this set was completed in 2000, by the International Code Council®.

Development and publication of the ICC codes has intensified the desire of several parties in the construction industry to replace Wisconsin's building construction codes with model codes that are used elsewhere in this country. Having the same building construction requirements would make it easier for designers, manufacturers, and suppliers who work in numerous states to provide products and services in Wisconsin and to comply with the various technical design requirements.

The ICC codes contain state-of-the art minimum requirements for the built environment, developed with input from experts across the nation. The suite of ICC codes has been developed to be an integrated set of requirements. Commonly, these requirements considerably expand upon the detail that is currently contained in Wisconsin's fire prevention and building construction codes.

Adoption of the ICC codes is a major initiative that will require extensive preparation of Department staff, partners, and customers. Adopting the ICC codes will enable national or regional organizations to conduct training courses in Wisconsin, rather than have Wisconsin provide its own training.

The ICC codes that are proposed for adoption in this rule package are as follows:

  International Building Code®

  International Energy Conservation Code™

  International Mechanical Code®

  International Fuel Gas Code®

  International Fire Code®

These ICC codes can be purchased from the following organizations: Building Officials and Code Administrators International, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5695, [phone], web page www.bocai.org; International Conference of Building Officials, 5360 Workman Mill Road, Whittier, CA, 90601-2298, [phone], web page www.icbo.org; and Southern Building Code Congress, Inc. 900 Montclair Road, Birmingham, AL, 35213-1206, [phone], web page ww.sbcci.org.

This proposed adoption includes modifications to the ICC codes. These modifications were developed during the past three years through a comparative analysis with Wisconsin's current requirements, and in consultation with the following advisory councils. The proposed rules are supported by these councils. A listing of the members and the corresponding representation for the councils is included later in this analysis.

Commercial Building Code Council

Multifamily Dwelling Code Council

Fire Safety Code Council

Means of Egress and Accessibility Code Council

Elevator Code Council

Structural Review Code Council

Energy Conservation Code Council

Heating, Ventilating, and Air Conditioning Code Council

This rule package proposes to adopt the above ICC codes and corresponding modifications in the following chapters of the Wisconsin Administrative Code:

Comm 61 – Administration and Enforcement; which includes adoption of the IBC, IECC, IMC, and IFGC.

Comm 62 – Buildings and Structures, which includes Wisconsin modifications of the IBC

Comm 63 – Energy Conservation; which includes Wisconsin modifications of the IECC

Comm 64 – Heating, Ventilating and Air Conditioning; which includes Wisconsin modifications of the IMC

Comm 65 – Fuel Gas Appliances; which includes Wisconsin modifications of the IFGC

Comm 66 – Fire Prevention; which includes Wisconsin modifications of the IFC

In the above Comm chapters that contain modifications to the ICC codes, each modification is preceded by one of the following seven generalized directive statements. The intended meanings of these seven directive statements are included here.

1.   This is a department rule in addition to the requirements in IBC section XXXX:

Means: All text in this section has been adopted without modification, but Wisconsin has some additional requirements.

2.   This is a department alternative to the requirements in IBC section XXXX:

Means: The new text provides flexibility and may be used in place of the IBC text.