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 (608) 266-8741 or (608) 264-8777 (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
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Notice of Hearing
Commerce
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
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.
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 (608) 264-8777 (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.
Fiscal Estimate
The proposed rule changes to ch.
Comm 70 are updating cross-references and clarifying code language, which 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
rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
Notice of Hearing
Commerce
(Financial Resources for Businesses & Communities, Chs.
Comm 105-
128)
NOTICE IS HEREBY GIVEN that pursuant to ss.
227.14 (4m) and
227.17, Stats., the Department of Commerce will hold public hearings on proposed rules relating to Community Development Block Grant Program.
Date, Time Location
October 30, 2001 Third Floor
Tuesday Room #3B, 3rd Floor 10:00 a.m. T.G. Thompson Commerce Center
(WHEDA Bldg.)
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 15, 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:
Jean M. MacCubbin, Department of Commerce
Administrative Services Divison
P.O. Box 2689
Madison, WI 53701-2689
Analysis Prepared by Department of Commerce
Statutes interpreted:
s.
560.045, Stats.
Under s.
560.045, Stats., the Department of Commerce has the responsibility of accepting and evaluating applications, and awarding grants. One mechanism of the Department in fulfilling this responsibility has been the promulgation of rules for the state community development block grant program, ch.
Comm 108.
This rule revision relates to changes in definitions which occurred in the 1999 Wisc. Act 9; additional program funds now available from U.S. Housing and Urban Development (HUD); revising the application schedule on a continuing basis; and updating the process of scoring applications.
Currently public facility grants to eligible communities are awarded annually. Under this proposal, grants can be awarded throughout the year making it easier for communities to prepare and submit their proposals.
A number of definitions have been updated to reflect changes in Statutory citations, to include the complete definition as a Note for the user, and to clarify terms that may have been used inter-changeably in the previous edition of the code.
The rule revisions reflect the expansion of funding programs for public facilities planning to issue grants to eligible local governments for public facilities planning up to $12,500 per plan.
Some sections relating to the scoring of applications are being to reflect the intent of the issue as and staff experience with ranking applications.
Other minor revisions throughout the chapter relate to code clarification, Statutory notes, and rule format.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules. The proposed rule revisions are subject to eligible local governmental units only.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The reporting, bookkeeping and other procedures required for applicants or eligible local governmental units are expected to be more user-friendly, in that applications may be made throughout the year and that specific grant award requirements, scoring and award amounts are more clearly communicated in the rule and application materials.
The ability for an eligible local governmental unit to apply for CDGB funding throughout the year should serve as a valuable benefit for local government planning.
3. Types of professional skills necessary for compliance with the rules.
The rule revisions includes the ability to apply for various planning grants; no additional professional skills are expected to be required by applicants or eligible local governmental units.
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 (608) 264-8777 (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.
Fiscal Estimate
The proposed rule revisions are specific to the processes and procedures in administration the federal funds, U.S. Housing and Urban Development (HUD). Eligible local units of government may be recipients of these funds.
