Rule-Making Notices (Hearing Notices)

Initial Regulatory Flexibility Analysis

1. Types of small businesses that will be affected by the rules. Any small business involved with the installation or manufacturing of elevators or mechanical lifting devices will be affected by the rules.

2. Reporting, bookkeeping and other procedures required for compliance with the rules. There are no reporting, bookkeeping or other procedures necessary for compliance with the rules.

3. Types of professional skills necessary for compliance with the rules. None known.

Fiscal Estimate

The Safety and Buildings Division is responsible for administering and enforcing chapters Comm 18 and 62. The proposed rules do not contain any changes in the Division?s fees charged for administering and enforcing chapters Comm 18 and 62. The proposed rule changes will not generate any additional workload costs and do not propose any changes in fees paid to the Department. Therefore, the proposed rules will not have any fiscal effect on the Division.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage
Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email [e-mail], telephone [phone] or [phone] (TTY). Copies will also be available at the public hearings.

Notice of Hearing

Commerce

(Building and Heating, etc., Chs. Comm 50-64)
[CR 01-109]

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.13 and 101.132, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to the building construction accessibility requirements.

The public hearing will be held as follows:

Date, Time   Location

November 8, 2001   Third Floor

Thursday   Conference Room #3C       10:00 a.m.   Tommy G. Thompson Commerce Center

  201 West Washington Avenue

  Madison, 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 November 23, 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. Written comments should be submitted to Diane Meredith, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.

Analysis Prepared by Department of Commerce

Statutory Authority: Sections 101.02 (1) and (15), 101.13, and 101.132, Stats.

Statutes Interpreted: Sections 101.13 and 101.132, Stats.

The Department is currently promulgating a revised state Commercial Building Code, chapters Comm 61 to 65, under Clearinghouse Rule 00-179. That code includes the adoption by reference of the 2000 editions of the International Building Code® (IBC), the International Energy Conservation CodeTM (IECC), the International Mechanical Code® (IMC) and the International Fuel Gas Code® (IFGC).

The 2000 edition of the IBC contains barrier-free accessibility requirements for buildings and facilities; however, those accessibility requirements have been substantially changed in a 2001 IBC Supplement, to ensure the IBC provides an equivalency or “safe harbor" with federal fair housing design regulations. The Department feels it is important to also adopt the 2001 IBC accessibility changes so designers and owners will be complying with rules that are substantially equivalent to the federal regulations, as well as the state fair housing regulations relating to accessibility in multifamily housing. This proposed rule package on accessibility issues has a projected effective date of July 1, 2002, which will coincide with the projected effective date of the revised Commercial Building Code.

This rule package includes new Wisconsin-based accessibility requirements, along with those that were previously proposed under Clearinghouse Rule 00-179, and includes all of the requirements in the 2000 IBC and in the 2001 IBC Supplement that relate to accessibility in multifamily housing and commercial facilities. This puts all the accessibility requirements in Wisconsin into one document, which should make the requirements easier to use.

A. The following is a summary of the new Wisconsin-based requirements that are being proposed subsequent to including the IBC in chapters Comm 61 to 65:

1. A Wisconsin-based requirement is included for the 2001 IBC Supplement, chapter 10, that clarifies stairways at exterior areas of rescue assistance must be at least 48-inches wide, and these areas must be identified with signs in accordance with IBC section 1003.2.13.5.5. [Comm 62.1003 (2) (b)]

2. The IBC requires in assembly areas that at least one wheelchair space be provided for every 200 seats over 500 seats, which conflicts with the federal Americans with Disabilities Act Accessibility Guidelines (ADAAG). A Wisconsin-based requirement is proposed to require one wheelchair space for every 100 seats over 500 seats in assembly areas, which is consistent with ADAAG 4.1.3 (19). [Table Comm 62.1108-1]

3. The IBC requires a unisex toilet room to be provided in assembly and mercantile occupancies where 6 or more male and female water closet fixtures are required. However, under s. 101.13 (1m) (b), Stats., the Department is prohibited from promulgating a rule requiring the use of a unisex toilet room in any public building. The proposed rules will permit a unisex toilet room to be provided in assembly and mercantile areas, but will not require it. [Comm 62.1109 (2) (c)]

4. Requirements from the 2001 IBC Supplement are being modified to clarify the accessibility requirements for existing buildings, when a change in occupancy occurs. [Comm 62.3408 (3) and (5)]

B. The following requirements, which were all also included in Clearinghouse Rule 00-179, are based on the fair housing language specified in section 101.132, Stats:

1. The renter of a multifamily dwelling may request, at no cost to the renter, lever door handles on all doors, and single lever controls on all plumbing fixtures. [Comm 62.1101 (2) (a) Note]

2. Circuit controls that are installed for use by tenants must be accessible. [Comm 62.1101 (2) (b)]

3. All exits must be accessible and, to the maximum extent feasible, all entrances must be accessible. [Comm 62.1105 and Comm 62.1107 (7) (a) 1.]

4. Accessibility rules apply to buildings with 3 or more dwelling units. [Comm 62.1107 (5) (a) 2., (b) 2., and (c) 2.; and (6) (a) 2., (b) 2., (c), and (d) 2.]

5. A petition for variance must be submitted to justify site impracticality or unusual characteristics of the site, and the minimum number of accessible dwelling units must be not less than 50% of the total number of dwelling units. [Comm 62.1107 (7) (d) and (e)]

6. Accessibility must be provided in existing housing, based on the percentage of remodeling. [Comm 62.3408 (3) and (5)]

C. The following is a summary of the differences between Wisconsin's current fair housing requirements and the IBC fair housing requirements:

1. The IBC requires that at least 2% of the dwelling units in facilities with more than 20 dwelling units must include accessibility features similar to those specified for commercial facilities. These units are designated as Type A units. The accessibility features in Type A units also include maneuverability at doors within dwelling units, which will require turnaround space within each bathroom in Type A units. The other dwelling or sleeping units on accessible floors must be Type B units. Type B units are those units that comply with the accessibility features specified in the fair housing regulations. [Comm 62.1107 (5) and (6)]

2. Currently, Wisconsin requires at least one bathroom in each dwelling unit to be designed to a higher level of usability as specified in the federal fair housing regulations. This requirement will be replaced with the IBC requirement that 2% of the dwelling units in a facility with more than 20 dwelling units must be Type A units.

3. The current Wisconsin-based rule that requires additional space at the faucet end of a bathtub, to accommodate toe clearances, will be replaced with the IBC requirement that 2% of the dwelling units in a facility with more than 20 dwelling units must be Type A units.

4. The IBC requires that accessible routes to accessible parking spaces for Type A dwelling units must be interior if the general circulation path is interior. This requirement does not apply to Type B units, which is consistent with the federal fair housing regulations. [Comm 62.1104 (5)]

5. In addition to specifying the percentage of accessible dwelling units or sleeping units in health care facilities, the IBC requires that all other dwelling units or sleeping units which are intended to be occupied as a residence must be Type B units. [Comm 62.1107 (5)]

6. The IBC requires a vertical clearance of at least 98 inches at accessible parking spaces and along the vehicular route to these spaces. This will require overhead doors for underground parking facilities to have a minimum clearance of 98 inches. [Comm 62.1106 (2) and ICC/ANSI A117.1 section 502.5]

D. The following are Wisconsin-based accessibility requirements for commercial buildings that were previously included in Clearinghouse Rule 00-179:

1. The IBC requires vertical access to floor levels that are above or below the accessible level and that have an aggregate area more than 3,000 square feet. Under the IBC, vertical access must be provided between all floor levels in Group M (mercantile) occupancies with five or more tenant spaces, in Group B (business) or Group I (institutional) occupancies with offices of health care providers, in passenger transportation facilities and airports regardless of the size of the building. The Wisconsin-based requirement will be maintained that includes government-owned facilities in this category to be consistent with the federal Americans with Disabilities Act. [Comm 62.1104 (4)]

2. The Wisconsin-based exemption will be maintained that allows omitting an accessible route to floor levels that are above or below the accessible floor level in government-owned or -operated facilities, where the raised or lowered floor level is less than 500 square feet and has a maximum capacity of 5 people or less. [Comm 62.1104 (4) (b) 3.]

3. The Wisconsin-based requirement is being maintained that requires accessible parking spaces to have a parking sign complying with s. Trans 200.07. [Comm 62.1110 (1) (b)]

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 [phone] (TTY) 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.

Initial Regulatory Flexibility Analysis

1. Types of small businesses that will be affected by the rules. All newly constructed or altered public buildings and places of employment will be affected by these rules. Similar accessibility rules have been in effect in the state since December 1994 and the federal accessibility laws have been in effect for over 10 years, so the impact of these rules should be minimal.

2. Reporting, bookkeeping and other procedures required for compliance with the rules. None known

3. Types of professional skills necessary for compliance with the rules. None known

Fiscal Estimate

The Safety and Buildings Division is responsible for administering and enforcing chapters Comm 61 to 65, Wisconsin Commercial Building Code. The proposed rules are updating rules relating to accessibility issues and do not contain any changes in the Division's fees charged for administering and enforcing the Wisconsin Commercial Building Code. The proposed rules will not generate any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage
Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email [e-mail], telephone [phone] or [phone] (TTY). Copies will also be available at the public hearings.

Notice of Hearing

Commerce

(Historic Buildings, Ch. Comm 70)

[CR 01-110]

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1) and (15) and 101.121, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to historic buildings.

The public hearing will be held as follows:

Date, Time   Location

November 9, 2001   Third Floor

Friday   Conference Room #3C       10:00 a.m.   Tommy G. Thompson Commerce Center

  201 West Washington Avenue

  Madison, 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 November 23, 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. Written comments should be submitted to Diane Meredith, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689.

Analysis Prepared by Department of Commerce

Statutory Authority: Sections 101.02 (1) and (15), and 101.121, Stats.

Statutes Interpreted: Section 101.121, Stats.

The Department is currently promulgating a revised state Commercial Building Code, chapters Comm 61 to 65, under Clearinghouse Rule 00-179. That code includes the adoption by reference of the 2000 editions of the International Building Code® (IBC), the International Energy Conservation CodeTM (IECC), the International Mechanical Code® (IMC) and the International Fuel Gas Code® (IFGC).

The primary reason for revising the requirements in chapter Comm 70, Historic Building Code is to update cross-references to the Commercial Building Code, chapters Comm 61 to 65, including specific references to the adopted international codes. Changes are also proposed to eliminate duplicative and conflicting requirements by using terminology consistent with the IBC, and to clarify existing requirements relating to the building evaluation method. This proposed rule package on historic buildings has a projected effective date of July 1, 2002, which will coincide with the projected effective date of the revised Commercial Building Code.

The following major changes are being proposed to the current chapter Comm 70:

1. Revised the requirements relating to the application of other codes to qualified historic buildings to coincide with the requirements in 101.121 (4), Stats. [Comm 70.04]

2. Modified plan examination and plan submittal requirements to be consistent with proposed chapter Comm 61 relating to administration and enforcement of the Commercial Building Code. [Comm 70.07 (1) and (3)]

3. Consolidated requirements relating to approval application forms and types of approvals given by the Department by cross-referencing chapter Comm 61 and to clarify submittal requirements. [Comm 70.07 (5) and Comm 70.08]

4. Modified the building safety parameters specified in sections Comm 70.22 (1) to (17) to cross-reference the applicable IBC code sections and to clarify language for use with the IBC. The code text was changed to require the comparison to the “prevailing code", which is the IBC, and to list the appropriate IBC sections in informational notes. The following major changes are being proposed:

a. Modified several sections to use terminology that is consistent with the IBC. (Changing “class of construction" to “type of construction", “building setback" to “building fire separation distance", and “firestopping" to “fireblocking and draftstopping".) [Comm 70.22 (1) and (3)]

b. Eliminated a duplicative requirement allowing an increase in building area when a building is sprinklered. This increase is already covered in the IBC. [Comm 70.22 (2)]

c. Changed the attic compartmentalization area from 3200 square feet to 3000 square feet to be consistent with the IBC. [Comm 70.22 (4)]

d. Eliminated the requirement that dead ends could not be created since the IBC would permit certain dead ends. [Comm 70.22 (13)]

e. Eliminated the reference in Table 70.22-17 to “unseparated hazardous areas" since these areas are considered “incidental use areas" and are considered within the context of code compliance under the IBC. [Comm Table 70.22-17, line 6]

5. Changed the methods for determining the fire-resistance rating of materials by using IBC chapter 7 and coordinated the cross-references to specific IBC sections, such as IBC section 703.3 for methods for determining fire resistance of materials. The IBC chapter 7 requirements include very detailed prescriptive fire-resistance ratings for materials such as clay, shale, slate and limestone units. If the fire-resistance could not be determined using these Tables, other methods or standards recognized by the Department could still be used. [Comm 70.40 (3) (a)]

6. Modified various code sections to cross-reference the correct code requirements in the IBC. [Comm 70.02 (2), definitions under 70.17, 70.27, 70.28, 70.29 (3), 70.37 (1) and (2) (a), 70.38 (1) (a) and (b), 70.39 (1) (a) 2., and 70.42]

7. Modified the alternate atrium requirements relating to smoke removal to comply with the mechanical smoke exhaust requirements in the IBC. [Comm 70.26 (3) (d)]

Initial Regulatory Flexibility Analysis

1. Types of small businesses that will be affected by the rules. Small design firms working on qualified historic buildings, or small businesses located in qualified historic buildings that are altered or changed in occupancy will be affected by these rules. The primary reason for the rule change is update cross-references to chapters Comm 61 to 65, Wisconsin Commercial Building Code and the International Building Code, and to clarify existing requirements relating to the building evaluation method. The impact on small businesses should be minimal.

2. Reporting, bookkeeping and other procedures required for compliance with the rules. There are no reporting, bookkeeping or other procedures necessary for compliance with the rules.

3. Types of professional skills necessary for compliance with the rules. None known.