Rule-making notices
Notice of Hearing
Commerce
(Building and Heating, etc., Chs. Comm 50 to 64)
[CR 01-139]
NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1) and (15), 101.055, 101.09 (3), 101.12 (3), 101.14 (1) and (4), 101.17, 101.175, 101.19, 101.82 (1), 101.973 (1), 145.02 (2), and 145.26, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to construction of public buildings and places of employment.
The public hearing will be held as follows:
Date and Time:   Location:
January 4, 2002   Thompson Commerce Center
Friday   Third Floor, Room 3B
9:30 a.m.   201 West Washington Avenue
  Madison, Wisconsin
Analysis prepared by the Department of Commerce
Under the statutes cited, the Department protects public health, safety, and welfare by promulgating construction and fire safety requirements for public buildings and places of employment. Currently, these requirements are primarily contained in chapters Comm 50 to 64, 66, and 69. Through rules which were adopted by the Department on September 10, 2001, and which will become effective on July 1, 2002, those chapters are being replaced with chapters Comm 61 to 65.
Numerous other Commerce codes administered by the Department contain cross references to the construction and fire safety requirements in chapters Comm 50 to 64, 66, and 69. This rule package converts all of those cross references to chapters Comm 61 to 65, and is projected to have a simultaneous effective date of July 1, 2002.
This rule package also includes the following changes to chapters Comm 61 to 65, and several minor clarifications for chapters Comm 14 and 61 to 65:
1. Comm Table 61.30-3, which lists the fire protection systems that must receive plan approval from the Department or an authorized representative prior to installation, is expanded to include fire protection systems in (a) buildings exceeding 60 feet in height, (b) state-owned buildings except hospitals and nursing homes, and (c) mercantile buildings which combine retail areas with rack storage and which have floor areas exceeding 50,000 square feet.
2. Code text and informational notes in chapters Comm 62 to 65 that pertain to incorporation of several nationally recognized standards are modified to be consistent in each chapter.
Interested persons are invited to appear at the hearing 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 January 16, 2002, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Sam Rockweiler, Department of Commerce, Bureau of Budget and Policy Development, P.O. Box 2689, Madison, WI 53701-2689.
This hearing will be held in an accessible facility. 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 a request from a person with a disability.
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
Department of Commerce
RULE NO.: Comm 2, 3, 5, 7, 9, 10, 14, 16, 30, 32, 34, 41, 45, 61 to 65, 71, 75, 81, 82, 84, 90, and 91, relating to:
Construction of Public Buildings and Places of Employment.
1. Types of small businesses that will be affected by the rules.
Builders and owners of commercial buildings and places of employment.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Some additional documentation may be needed to obtain approvals from the Department or authorized agents for the fire protection system plans that are addressed by the rules.
3. Types of professional skills necessary for compliance with the rules.
No additional skills.
Fiscal Estimate
The department is promulgating minor changes that primarily relate to administering the Commercial Building Code and numerous other Commerce codes that contain cross references to that code. These changes are expected to have no significant long-term impacts on costs or revenues at either state or local levels.
The proposed rules and an analysis of them 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 hearing.
Notice of Hearing
Commerce
(Building & Heating etc., Chs. Comm 50-64)
[CR 01-135]
NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 and 101.025, Stats., the Department of Commerce will hold a public hearing on proposed rules relating to ch. Comm 64, Heating, Ventilating, and Air Conditioning.
The public hearing will be held as follows:
Date and Time:
Wednesday, January 16, 2002
1:00 p.m.
Location:
T.G. Thompson Commerce Center
201 West Washington Ave., Rm. 3B
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 Friday, January 25, 2002, 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
Code Consultant
Department of Commerce
Div. of Administrative Services
P.O. Box 2689
Madison, WI 53701-2689
Analysis prepared by the Department of Commerce
Statutory authority: ss. 101.02 and 101.025, Stats.
Statutes interpreted: ss. 101.02 and 101.025, Stats.
Under s. 101.025, Stats., the department authority includes requirements for the intake of outside air for ventilation in public buildings or places of employment; the establishment of minimum quantities of outside air that must be supplied based upon the type of occupancy, the number of occupants, areas with toxic or unusual contaminants; and other pertinent criteria determined by the department. The department shall set these standards for mandatory intake of outside air and provisions where these standards may be waived.
The proposed revisions to ch. Comm 64, relating to heating, ventilating and air conditioning and the Wisconsin changes, additions or omission to the International Mechanical Code® (IMC), are primarily related to air-handling systems, particularly ventilation and filtration requirements, located in specific hospital and healthcare occupancies in conformance with specifications contained in the Guidelines for Design and Construction of Hospitals and Health Care Facilities published by the American Institute of Architects (AIA).
Section Comm 64.0309 is proposed to clarify that minimum temperatures are required to be maintained during occupancy. Section Comm 64.0401 recognizes that engineered systems are also an option when addressing the location of outdoor air intakes. One change to Table 64.0403 prohibits the use of natural ventilation for make up air in health care facilities. Section Comm 64.0604 is proposed to provide requirements in addition to IMC section 604 and 604.8 limiting the use of certain duct linings so as to mitigate fungal and microbial growth. Section Comm 64.0605 (1) clarifies the specific sections in the AIA Guidelines where filtration is stipulated. Section Comm 64.0900 is proposed to be created to clarify the use of final filters in duct humidifiers.
The proposed rule revisions were developed with the assistance of the HVAC Advisory Code Council. The Council consists of the following individuals: Timothy J. Gasperetti, representing the Building Owners and Managers Association of Milwaukee; Kevin Lichtfuss, representing the Wisconsin Association of Consulting Engineers; Michael Mamayek, representing the Plumbing and Mechanical Contractors of SE Wisconsin; Ken Pavlik, representing the Wisconsin Builders Association; Richard J. Pearson, representing the Wisconsin Chapter ASHRAE; Robert Pertzborn, representing the Wisconsin Association of Plumbing, Heating and Cooling Contractors, Inc.; David Stockland, representing the Associated Builders and Contractors of Wisconsin Ltd; Harry A. Sulzer, representing the League of Wisconsin Municipalities; and Robert D. Wiedenhoefer, representing the Sheet Metal and Air Conditioning Contractors Association of Wisconsin, Inc.
This hearing is held in an accessible facility. 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.
Environmental Assessment
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