Rule-making notices
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss. Sections
101.12 and
145.02 (g) and
145.26, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapters Comm 2 and others relating to plan review processing times.
The public hearing will be held as follows:
Date and Time: Tuesday, December 19, 2006 at 1:00 p.m.
Location: Room 3C, Thompson Commerce Center
201 West Washington Avenue
Madison
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 December 29, 2006, 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 Jim Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@wisconsin.gov.
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 a request from a person with a disability.
Analysis
3. Related Statute or Rule. Section
227.116, Stats.
4. Explanation of Agency Authority. Chapters
101 and
145, Stats., grant the Department general authority for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the construction, repair and maintenance of dwellings, public buildings and places of employment and for the protection of the waters of the state.
5. Summary of Proposed Rules. The Division of Safety and Buildings within the Department of Commerce is responsible for administering and enforcing safety and health rules relating to the construction and inspection of dwellings, public buildings and places of employment.
The proposed rules consist of miscellaneous changes in chapter Comm 2 and various other chapters in order to address inconsistencies related to the administrative processing of plan submittals to the Safety and Buildings Division.
The proposed rules also correct a typographical error in recently enacted rules pertaining to continuing education obligations for the renewal registrations as automatic fire sprinkler contractor-maintenance. The proposed rules will require 12 hours of continuing education instead of 24 hours.
6. Summary of, and Comparison with, Existing or Proposed Federal Regulations. The activities to be regulated by the rule are specific to the Department's administrative procedures relating to plan review processing times. There are no existing or proposed federal regulations that address the activities to be regulated by the rule.
7. Comparison with Rules in Adjacent States. The proposed rules consist of administrative changes specific to the Department's procedures relating to plan review processing times. An internet review of Illinois, Iowa, Michigan and Minnesota building and construction rules did not reveal processing times for similar plan review activities.
8. Summary of factual Data and Analytical Methodologies.
A periodic Legislative Audit of the Department's administration of the Multifamily Code program included a review of the Safety and Buildings Division's handling of plan reviews relative to codified processing times. An evaluation by the Division has concluded that the code provisions do not reflect how processing times are determined in light of current management practices and technological improvements that have occurred over the past several years to facilitate the submittal process.
9. Analysis and Supporting Documents used to Determine Effect on Small Business or in Preparation of Economic Impact Report.
The proposed rules will not have an impact on small business in that the revisions clarify Department plan review processes. An economic impact report was not required pursuant to s.
227.137, Stats.
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
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
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.
The proposed rule revisions will affect individuals and businesses that submitted plans for review to the Department Commerce, Safety and Buildings Division. Plans required to be submitted to Division for construction or installation include, commercial buildings, plumbing, elevators, boilers, fire protection systems, amusement rides, swimming pools, ski lifts and tows, private onsite wastewater treatment systems and manufactured home communities. This would involve a variety of businesses, those engaged in engineering, architecture, and construction that typically submit plans on behalf of owners of any of the aforementioned structures or components thereof.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The proposed rule revisions do not necessitate any new or additional recording, bookkeeping or other procedures for compliance.
3. Types of professional skills necessary for compliance with the rules.
The proposed rule revisions do not necessitate any new or additional professional skills for compliance.
4. Rules have a significant economic impact on small businesses.
No. Rules not submitted to Small Business Regulatory Review Board
Fiscal Estimate
No fiscal impact anticipated.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to chapter 101, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapters Comm 14 and Comm 60 to 66 relating to the Fire Prevention Code and the Commercial Building Code.
The public hearing will be held as follows:
Date and Time:
Thursday, December 21, 2006 at 9:30 a.m.
Location: First Floor Conference Room
Thompson Commerce Center
201 West Washington Avenue
Madison
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 5, 2007, 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 James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jquast@commerce.state.wi.us.
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 a request from a person with a disability.
Analysis
1. Statutes Interpreted
