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Rule-making notices
Notice of Hearing
Commerce
(Commercial Building Code, Chs. Comm 61-65)
NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1) and (15), 101.12 (1), 101.128 (2), and 101.973 (1), 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 & Time
Location
March 16, 2004
(Tuesday)
Commencing at 9:30 a.m.
Thompson Commerce Center
Third Floor, Room 3B
201 West Washington Ave.
Madison, Wisconsin
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 March 23, 2004, 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 Sam Rockweiler, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at srockweiler@commerce.state.wi.us.
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.
Analysis Prepared by Department of Commerce
Statutory Authority: ss. 101.02 (1) and (15), 101.12 (1), 101.128 (2), and 101.973 (1), Stats.
Statutes Interpreted: ss. 101.02 (1) and (15), 101.12 (1), 101.125, 101.128 (2), and 101.973 (1), Stats.
Under the statutes cited, the Department protects public health, safety, and welfare by promulgating comprehensive construction requirements for public buildings and places of employment. These requirements are primarily contained in chs. Comm 61 to 65, which is the Wisconsin Commercial Building Code. The current version of this Code became effective on July 1, 2002.
Subsequent to adoption of the 2002 version of this Code, numerous improvements have occurred in several of the nationally recognized standards that are incorporated by reference into this Code, particularly the building code requirements developed by the International Code Council®.
These proposed rules would update chs. Comm 61 to 65 to reflect many of these improvements, codify several interim approvals the Department has issued for alternate design methods and standards, and accommodate various other clarifications that are expected to somewhat simplify compliance with this comprehensive code.
The proposed rules would also expand when fire protection systems must receive plan approval from the Department or an agent, to include systems for residential occupancies containing more than two dwelling units, where the occupants are primarily permanent in nature.
These rule changes have been developed with input from the Department's Commercial Building Code Council and the Multifamily Dwelling Code Council.
Copies of Rule
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.html. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or at rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.
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
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 Wisconsin Commercial Building Code. These changes are expected to have no major long-term impacts on costs or revenues at either state or local levels. However, the proposed review of automatic fire sprinkler systems in R-2 occupancies would result in a minor increase in revenues at the state level, and at local levels that have accepted delegation of state-level plan review. This review is expected to apply to about 50 construction projects per year, and generate an average review fee of $500 per project. Sixty percent of the review is expected to occur at the state level, and 40% is expected to occur at the local level. The Department will assign existing staff to perform the review, so no additional staff will be needed.
Notice of Hearings
Corrections
NOTICE IS HEREBY GIVEN that pursuant to s. 938.22 (2) (a), Stats., and interpreting ss. 301.36, 301.37, and 938.209, Stats., and 42 USC 5601 to 5761 and 28 CFR Part 31, the department of corrections will hold public hearings to consider the repeal and recreation of rules relating to secure detention facilities and juvenile portions of county jails.
Hearing Information
Date & Time             Location
March 29, 2004             Ruth Gilfry Center
10:00 a.m.             Room 103-104 Lower Level
            817 Whiting Avenue
            Stevens Point, WI 54481
March 31, 2004             State Office Building
10:00 a.m.             Room 151
            141 N.W. Barstow Street
            Waukesha, WI 53188
            (262) 521-5320
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. Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received by April 7, 2004. Written comments should be addressed to: Kathryn R. Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925.
The public hearing sites are accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact Kathryn Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, email: kathryn.anderson @doc.state.wi.us, telephone (608) 240-5049 by March 19, 2004.
Analysis Prepared by the Department of Corrections
Statutory authority: s. 938.22 (2) (a), Stats.
Statutes interpreted: ss. 301.36, 301.37 and 938.209, Stats., and 42 USC 5601 to 5761 and 28 CFR Part 31.
The rule:
1. Reorganizes and renumbers the existing chapter DOC 346.
2. Updates citations to include references to chapter 938, Wis. Stats.
3. Updates citation to the federal Juvenile Justice and Delinquency Prevention Act, 42 USC 5601 to 5761, and its regulations, 28 CRF Part 31, to indicate Wisconsin's compliance with the current version of the act and regulations.
4. Creates definitions for the following terms: construction plans, officer, and secure perimeter.
5. Amends definitions for the following terms: family, juvenile, multi-purpose space, and undergarments.
6. Amends the requirements for the operational plan to include policies and procedures concerning disciplinary hearings, release, and searches.
7. Creates a requirement that the facility shall maintain a record of the proceedings for the annual meeting.
8. Amends the information which the facility is required to maintain on an admitted juvenile to include date and time of admission, authority for admission, and date and time of release.
9. Amends the timeframe for reporting to the department major occurrences from 48 to 24 hours.
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