Under sections
101.02 (1) and
(15), Stats., the Department has authority to protect public health, safety, and welfare, at public buildings and places of employment, by promulgating and enforcing requirements for construction and maintenance of those facilities.
Under section
101.121, Stats., the Department also has the responsibility to develop reasonable rules for the preservation and restoration of buildings designated as historic buildings. Owners of qualified historic buildings that are altered or changed in occupancy may choose to follow the compliance alternatives established under Comm 70 in lieu of strict compliance with chapters Comm 61 to 65, which is the
Wisconsin Commercial Building Code (WCBC).
Currently, the Department adopts by reference the suite of International Codes as the base building construction rules under chapters Comm 61 to 65. The purpose of the rule modifications in chapter Comm 70 and the creation of rules under chapter Comm 62 is to improve the consistency of application of the construction requirements to historic buildings with the application of the WCBC to non-historic buildings, and to update the existing technical requirements relating to historic buildings.
The energy conservation requirements are reprinted in this rule package but there are no substantive changes proposed to these energy rules. Therefore, it is determined these rules are an environmental type III action, which does not require the preparation of an environmental analysis.
Detailed Summary
Although the entire chapter Comm 70 would be repealed and recreated under this proposal, many of the current requirements and provisions would not change. The reason for reprinting the entire chapter is to have all of the technical requirements available for reference to those requirements being changed, and to modify the format and terminology for consistency with other codes.
The following are the major changes contained in the revised chapters Comm 62 and 70:
1. Require a review of IBC chapter 9 for the installation of automatic sprinkler systems when an existing building is changed to include a Group A-2–assembly occupancy. This requirement will ensure consistent application of the sprinkler requirements for both historic and existing buildings and structures. [Comm 62.0903 (1m)]
2. Require automatic sprinkler systems, standpipes, and elevator controls for emergency recall and in-car operation that comply with the applicable requirements in the IBC for an existing building or portion of an existing building, when an existing building greater than 60 feet in height is changed to include a Group R-1–transient-type residential or R-2–permanent-type residential occupancy. These requirements will ensure consistent application of the sprinkler requirements for both historic and existing buildings and structures. [Comm 62.0903 (1m) (b), Comm 62.0905 and Comm 62.3001 (4)]
3. Clarify the application and election requirements of Comm 70 relating to the repair, alteration, or change of occupancy to a qualified historic building. [Comm 70.03 (2)]
4. Modify the administration and enforcement requirements by cross-referencing ch.
Comm 61 for consistency in application. [Comm 70, subchapter II]
5. Eliminate duplicative terms and definitions relating to repair, alteration, and change of occupancy. Terms deleted include restored, preserved, reconstituted and reproduced. [Comm 70.17]
6. Clarify the requirements under Comm 70.22 (1) by evaluating only the number of stories to the prevailing code. The height of the building as specified in the prevailing code under IBC Table 503 will not be evaluated. Also, modify Table 70.22-1 relating to number of stories by clarifying the numerical value of zero (0) means the building is at the maximum number of stories under the prevailing code. [Comm 70.22 (1) and Table 70.22-1]
7. Modify the title of Table 70.22-4 to attic draftstopping and compartmentalization and the title of Table 70.22-5 to fireblocking, which are consistent with comparable terminology and requirements in the IBC. [Table 70.22-4 and Table 70.22-5]
8. Eliminate the sentence under Comm 70.22 (5) relating to fireblocking and draftstopping in existing walls and create a new section relating to fireblocking. [Comm 70.36]
9. Eliminate the footnote under Table 70.22-6, which states where a 3-hour separation is required and a 4-hour separation is provided the maximum numerical value is zero. Suggest that a numerical value of +2 be assigned when an increase of at least 1-hour fire-resistive rating increase is provided above that required in the prevailing code. [Table 70.22-6]
10. Clarify that the single numerical value for shaft enclosures is to be accumulative using the worst case conditions for all the openings. [Comm 70.22 (7)]
11. Modify Comm 70.22 (8) to require the existing HVAC system to be evaluated in accordance with the prevailing code for fire and smoke dampers and use conditions similar to the International Existing Building Code® (IEBC). The existing duct system is to be evaluated under Table 70.22-7 for vertical shaft requirements. [Tables 70.22-7 and 70.22-8]
12. Include new conditions under Table 70.22-11 relating to smoke control systems. The conditions would state that smoke control systems and operable windows required and provided in accordance with the prevailing code would receive a numerical value of zero (0). [Table 70.22-11]
13. Clarify that the emergency power requirement under Table 70.22-15 relates to illumination emergency power. [Table 70.22-15]
14. Revise the requirements under Table 70.22-16 to be closer to the conditions listed under the IEBC for elevator controls and to modify the numerical values. [Table 70.22-16]
15. Modify the sprinkler requirements by using terminology and values consistent with the IBC, eliminating the footnotes relating to partial sprinklers, and altering the values for the sprinkler table based on values from other Tables. [Table 70.22-17]
16. Consolidate all the separate subchapters relating to structural, accessibility, energy, mechanical and electric under the specific requirements under subchapter V relating to miscellaneous building requirements.
17. Group all of the means of egress requirements under one code section and modify them for consistency with the application of the IBC to non-historic buildings and also to the exemptions specified under the IEBC for historic buildings, including transom windows in corridors. [Comm 70.30]
18. Include specific requirements for high-rise buildings that are converted to R-residential occupancies. The new requirements state that sprinklers and standpipes are required in all the work areas, which is defined as the area of all reconfigured spaces, and specify that elevators serving the work areas are to be provided with Phase I and Phase II operations complying with chapter Comm 18. [Comm 70.34]
19. Revise the structural requirements to be consistent with the minimum requirements for non-historic buildings. [Comm 70.38 and 70.39]
20. Create Comm 70.41 that requires the protection of penetrations in fire-resistive assemblies created by electrical and mechanical systems. [Comm 70.41]
Federal Comparisons
An Internet-based search for “historic building code regulations" in the Code of Federal Regulations (CFR) did not identify any existing or proposed federal regulations establishing building construction standards to protect public safety and welfare for historic buildings that are altered or changed in occupancy. However, it did identify the following existing federal regulations that address the preservation of historic buildings for tax relief and incentives:
•36 CFR 67–
Historic Preservation Certifications Pursuant to Sec. 48(g) and Sec. 170(h) of the Internal Revenue Code of 1986. Under t:
•36 CFR 68–
The Secretary of the Interior Standards for the Treatment of Historic Properties.
An Internet-based search for the referenced federal regulations of the 2003 and 2004 issues of the Federal Register did not identify any proposed changes to these regulations relating to the preservation of historic buildings.
State Comparisons
An internet-based search of adjacent states' codes resulted in the following codes that establish building construction requirements relating to alteration and change of occupancy of historic buildings:
•Minnesota incorporates by reference the 2000 edition of the Guidelines for the Rehabilitation of Existing Buildings as published by the International Conference of Building Officials, Whittier, California. It appears these rules may be an earlier version of the International Existing Building Code® (IEBC), which covers similar safety construction topic areas to those covered under Comm 70. Both the IEBC and Comm 70 are based upon the requirements in the International Building Code® (IBC).
• Under Michigan's Rehabilitation Code for Existing Buildings the 2003 edition of the IEBC is incorporated by reference. The IEBC covers similar safety construction topic areas to those covered under Comm 70, and both the IEBC and Comm 70 are based upon the requirements in the IBC.
• Iowa incorporates by reference the 1994 edition of the Uniform Building Code (UBC), as the State Building Code. Under the Iowa State Building Code, repairs, alterations and additions to historic buildings may be made without conformance to the UBC, only when authorized by those municipalities exercising jurisdiction. The UBC is a precursor to the IBC.
•Illinois does not have a statewide building code covering historic buildings. In Illinois enactment of building codes is at the local municipal level.
Council Members and Representation
The proposed rules were developed with the assistance of the Historic Building Code Advisory Council. The members of that citizen advisory council are as follows:
Name Representing
Bruce Johnson Wisconsin Builders Association
Steve Gleisner City of Milwaukee Fire Department
Charles Quagliana AIA-Wisconsin
Chris Rute Milwaukee Historic Preservation
Commission
Jim Sewell Wisconsin Historical Society
Harry Sulzer City of Madison
David Vos Project Developers/Alexander
Company
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.wi.gov/SB/. 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 Email 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 hearing.
Environmental Assessment
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with Ch.
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
A small business located in or involved with an alteration to or involved with a change of occupancy in a qualified historic building or existing building may be affected by these rules. Owners of qualified historic buildings that are altered or changed in occupancy may choose to follow the compliance alternatives established under Ch.
Comm 70 in lieu of strict compliance with Chs.
Comm 61 to
65,
Wisconsin Commercial Building Code (WCBC). The primary reason for the rule change is to modify existing terminology for consistency with the
International Building Code
® (IBC), and to include specific safety requirements for certain qualified historic buildings or existing buildings that include a change to a Group A–assembly occupancy, Group R-1–transient-type residential occupancy or Group R-2–permanent-type residential occupancy. The impact on small businesses should be minimal.
Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing Chs.
Comm 62 and
70 as they relate to historic buildings and existing buildings. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing Chs.
Comm 62 and
70. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.
Notice of Hearing
Financial Institutions - Banking
NOTICE IS HEREBY GIVEN That pursuant to ss.
218.04 (7) (d) and
227.11 (2), Stats., and interpreting ss.
404.401 (1),
403.401 and
403.402, Stats., and s. DFI—Bkg 74.14 (11), Admin. Code, the Department of Financial Institutions, Division of Banking will hold a public hearing at Department of Financial Institutions, 345 W. Washington Avenue, 5
th Floor in the city of Madison, Wisconsin, on the
27th day of May, 2004, at 3:00 p.m. to consider the creation of a rule relating to authorization to collect a returned check fee.
Analysis Prepared by the Department of Financial Institutions, Division of Banking
Explanation of agency authority: Pursuant to ss.
218.04, and
220.02 (3) and
(4), Stats., the division regulates collection agencies.
Plain language analysis: The objective of the rule is to create s. DFI—Bkg 74.14 (16) and (17). The purpose of the rule is to prohibit as oppressive and deceptive practices the collection of returned check fees through an Automated Clearing House Network transaction or paper draft without proper authorization from the customer. The rule provides that, upon request by the division, the licensee shall provide documentation that it has the customer's authorization, and incorporates certain National Automated Clearing House Association standards.
Summary of and preliminary comparison with existing or proposed federal regulation: Federal regulations do not prohibit the authorizations proposed.
Comparison with rules in adjacent states: Similar rules do not exist in adjacent states.
Summary of factual data and analytical methodologies: The proposed rule is in response to a court determination that the department may set forth the requirements of proposed s. DFI—Bkg 74.14 (16) but must do so through the rules promulgation process. Because a licensee using the Automated Clearing House Network agrees to comply with the standards of the National Automated Clearing House Association by virtue of its participation in the network, the rule codifies an existing practice. Although there is statutory authority for s. DFI—Bkg 74.14 (17), because the court invalidated a policy letter containing both these requirements, the department formalizes the paper draft requirements in proposed s. DFI—Bkg 74.14 (17).
Analysis and supporting documentation used to determine effect on small business: Because the rule codifies existing practices and statutory requirements of which licensees should already be in compliance, the rule will not have an effect on small business.
Agency contact persons: For substantive questions on the rule: Michael J. Mach, Administrator, Department of Financial Institutions, Division of Banking, P.O. Box 7876, Madison, WI 53707-7876, tel. (608) 266-0451. For the agency's internal processing of the rule: Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705.
Initial Regulatory Flexibility Analysis
The proposed rule will not have an effect on small businesses.
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.
Contact Person
For a copy of the proposed rule and fiscal estimate, or to submit written comments regarding the proposed rule, contact Mark Schlei, Deputy General Counsel, Department of Financial Institutions, Office of the Secretary, P.O. Box 8861, Madison, WI 53708-8861, tel. (608) 267-1705. Written comments must be submitted prior to the public hearing. A copy of the proposed rule may also be obtained at the Department of Financial Institutions' website,
www.wdfi.org.
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board in ss.
15.08 (5) (b) and
227.11 (2), Stats., and s.
457.03 (1), Stats., as amended by
2001 Wisconsin Act 80, and interpreting s.
457.02 (5m), Stats., as created by
2001 Wisconsin Act 80, the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to amend s.
MPSW 1.09; and to create s.
MPSW 1.09 (1) (b) to
(d) and
(2) to
(5), relating to alcohol and drug counseling.
Hearing Date, Time and Location
Date: June 9, 2004
Time: 8:30 a.m.
Location: 1400 East Washington Avenue
Room 179A
Madison, Wisconsin
Appearances at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to the Department of Regulation and Licensing, Office of Administrative Rules, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received by June 9, 2004, to be included in the record of rule-making proceedings.
Analysis prepared by the Department of Regulation and Licensing
