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.
Notice of Hearing
Financial Institutions - Banking
Pursuant to s.
227.17, Stats., notice is hereby given that the Department of Financial Institutions, Division of Banking will hold a public hearing at the time and place indicated below to consider creating a rule regarding procedures for cancellation and return of accounts.
Date, Time and Place of Hearing
October 30, 2001 Tommy G. Thompson Conf. Room
Tuesday 5th Floor
9:00 a.m. Department of Financial Institutions
345 West Washington Avenue
Madison, WI 53703
This facility is accessible to individuals with disabilities through levels A, B or the first floor lobby. If you require reasonable accommodation to access any meeting, please call Lisa Bauer at (608) 264-7877 or TTY (608) 266-8818 for the hearing impaired at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided by the Americans with Disabilities Act.
Written comments in lieu of public hearing testimony must be received not later than the hearing date and should be addressed to Michael J. Mach, Administrator, Department of Financial Institutions, Division of Banking, P.O. Box 7876, Madison, WI 53707-7876.
Analysis Prepared by Department of Financial Institutions, Division of Banking
To amend s. DFI—Bkg 74.08 (2), and create ss. DFI—Bkg 74.001 (3) and DFI—Bkg 74.08 (4). Statutory authority: ss.
218.04 (7) (d) and
227.11 (2), Stats. Summary: Currently a collection agency must cancel and return all accounts when a license is terminated for whatever reason. However, current rules do not contemplate a merger between department licensees. Corporate merger statutes allow for the transition of the duties and obligations of the merged entity to the surviving entity. Allowing the transfer of all accounts accomplishes this. This rule also allows, under certain circumstances, a licensed collection agency to purchase the listed accounts of another agency. Accounts would not need to be cancelled and returned in these circumstances.
Statutory Authority:
Fiscal Estimate
There is no state fiscal effect, and there are no local government costs. No funding sources or ch.
20 appropriations are affected. There are no long-range fiscal implications.
Initial Regulatory Flexibility Analysis:
The rule may have an impact on small business. Types of small business that will be affected by the rule: collection agencies. Description of the proposed reporting, bookkeeping and other procedures required for compliance: application and payment of fee to the division, and notice to persons having accounts listed. Types of professional skills necessary for compliance: no new skills.
Contact Person
A copy of the full text of the proposed rules and fiscal estimate may be obtained through the following:
Michael J. Mach, Administrator
Department of Financial Institutions
Division of Banking
P.O. Box 7876, Madison
