Hearing Information
October 16, 2007
1:00 p.m. to 3:00 p.m.
DNR Service Center
4301 Rib Mountain Road
Wausau, WI 54401
October 18, 2007
1:00 p.m. to 3:00 p.m.
Dept. of Agriculture, Trade and Consumer Protection
2811 Agriculture Drive, Board Room (CR-106)
Madison, Wisconsin, 53718-6777
Analysis Prepared by Dept. of Agriculture, Trade and Consumer Protection
This hearing draft rule creates a voluntary certification program for firewood dealers. Under this rule, the Department of Agriculture, Trade and Consumer Protection (“DATCP") may certify firewood dealers who agree to treat firewood according to rule standards to eliminate potential infestations of Emerald Ash Borer and other pests. A firewood dealer is not required to be certified under this rule in order to sell firewood in this state.
Statutory authority
Statutes interpreted
Explanation of agency authority
The Wisconsin Department of Agriculture, Trade and Consumer Protection (“DATCP") has broad general authority, under s.
93.07 (1), Stats., to interpret laws under its jurisdiction. DATCP has broad general authority, under ss.
93.06 (1p),
93.07 (12) and
94.01, Stats., to adopt regulations to prevent and control plant pest infestations. The voluntary certification program created by this rule is part of an overall state strategy to prevent and control plant pest infestations, including Emerald Ash Borer infestations.
Background
Emerald Ash Borer and other major pests are carried by firewood. The Wisconsin Department of Natural Resources (DNR) has adopted rules, under NR 45, to restrict the entry of firewood into Wisconsin state parks. The DNR rules prohibit, in state parks, firewood originating from outside this state or more than 50 miles from the state park unless the firewood originates from a firewood dealer who is certified by DATCP.
Rule content
This rule creates a DATCP program for certification of firewood dealers. Firewood dealers certified under this rule may supply firewood to Wisconsin state parks. The certification program would be open to all firewood dealers in the state, regardless of whether they supply firewood to Wisconsin state parks. Certified firewood dealers must comply with this rule. A firewood dealer is not required to be certified under this rule in order to sell firewood in this state. A certified firewood dealer may sell or distribute firewood acquired from an out of state source but must apply the treatment required to be certified at the dealer's premises in Wisconsin. Certification does not authorize firewood imports from quarantined areas that are currently prohibited under ch.
ATCP 21, Wis. Adm. Code.
Under this rule, DATCP may annually certify a firewood dealer. An annual certification expires on December 31 of each year. A firewood dealer is not required to be certified in order to sell or distribute firewood in this state. There is a $50 charge for certification. The authority for the department to charge the fee is in s.
93.06 (1m) and
(1q), Stats. Certification permits a firewood dealer to supply firewood to Wisconsin state parks, pursuant to NR 45.04(1)(g).
DATCP may certify a firewood dealer if all of the following apply:
• The firewood dealer submits a complete application that complies with this rule.
• DATCP inspects all of the business premises identified in the certification application and determines, based on that inspection, that the firewood dealer is equipped to fulfill all of the representations included in the certification application.
A certification application must include all of the following:
• The correct legal name of the firewood dealer, and any trade names under which the firewood dealer sells or distributes firewood in this state.
• The address of the firewood dealer's business headquarters.
• The address of every business location from which the firewood dealer sells or distributes firewood in this state.
• The approximate annual volume of firewood that the firewood dealer sells or distributes in this state, including the approximate annual volume sold or distributed from each business location.
• The sources from which the firewood dealer obtains firewood for sale or distribution in this state. The application shall include the name and address of each person, if any, from whom the firewood dealer procures cut firewood.
A certification application must also include the following statement (the firewood dealer must notify DATCP if, at any time before or after the firewood dealer is certified, the statement is no longer accurate):
Firewood the applicant sells or distributes in this state intended to meet the requirements of NR 45.04 (1) (g) is treated at the premises of the firewood dealer in at least one of the following ways prior to sale or distribution:
1. Each piece of firewood is heated to a temperature at least 160° F. (71.1° C.) at the center of the piece, and is maintained at that temperature for at least 75 minutes.
2. All bark, and additional wood to a depth of at least ½ inch beneath the bark, is removed from each piece of firewood.
3. The firewood is stored on the firewood dealer's premises for at least 2 years before it is sold or distributed in this state.
4. The firewood is fumigated with a registered fumigant pesticide, according to the pesticide label, to kill all insect pests that may inhabit the firewood.
5. The firewood is treated in a manner approved, in writing, by the Wisconsin Department of Agriculture, Trade and Consumer Protection, to kill all insect pests that may inhabit the firewood."
DATCP must grant or deny a certification application within 60 business days after DATCP receives a complete application. DATCP may withdraw a certification if the applicant materially misrepresents any information in the application, or fails to honor any of the commitments made in the application. A certification does not constitute a warranty, by the department, that firewood is free of pests.
Comparison to federal regulations
Under the federal Plant Protection Act, the Animal and Plant Health Inspection Service of the United States Department of Agriculture (USDA-APHIS) has responsibility for excluding, eradicating and controlling serious plant pests, including the Emerald Ash Borer. USDA-APHIS has instituted statewide quarantines on the movement of ash wood for Illinois, Indiana, Pennsylvania and Ohio, in addition to the Lower Peninsula of Michigan. These quarantines include restrictions on the interstate movement of any hardwood (non-coniferous) firewood, and are in addition to the regulations adopted by each state related to the movement of firewood. Firewood cannot be moved from a quarantined area unless it is accompanied by an APHIS certificate that shows the firewood to be free of infested wood.
Comparison to adjacent states
Surrounding states where EAB has been identified (Illinois, Indiana, Ohio, Pennsylvania and Michigan) have state and federal quarantines that prohibit the movement of regulated articles, including all hardwood firewood, out of quarantined areas. Firewood can only move out of quarantined areas after it is certified by USDA. Other surrounding states, such as Minnesota and Iowa, are conducting information and education campaigns about the danger of moving firewood and are considering regulatory options for dealing with firewood movement.
Fiscal Impact
There are thousands of firewood dealers in Wisconsin, but few of them will have a strong incentive to be certified under this rule. DATCP assumes that, at least initially, certification will be attractive mainly for large firewood dealers who can afford to implement the firewood treatment regimen required for certification.
Certification may be especially attractive for large firewood dealers who wish to supply firewood to Wisconsin state parks. DNR state park rules prohibit firewood originating from outside the state or more than 50 miles from the state park, unless the firewood dealer is certified under this rule.
DATCP projects approximately one day of staff time to process each certification application and to inspect the firewood dealer's business premises. DATCP will incur inspector travel costs, but will attempt to minimize those costs by integrating inspections with other inspections. DATCP does not plan to do routine follow-up inspections, but may conduct occasional random inspections of certified firewood dealers.
DATCP assumes that approximately 30 firewood dealers will apply for certification for calendar year 2007. The $50 annual certification fee will offset a portion of DATCP's expenses related to the operation of the firewood certification program. DATCP will absorb the remaining expenses.
Business Impact
This rule will not have a significant impact on firewood dealers. This rule does not require firewood dealers to be certified, nor does it restrict the sale or distribution of firewood by uncertified dealers. This rule creates a voluntary certification program, which may benefit some firewood dealers. Those dealers who choose to be certified will pay a $50 fee for certification
DNR state park rules prohibit firewood originating outside this state or more than 50 miles away, unless the firewood dealer is certified by DATCP. This rule will allow certified firewood dealers to supply firewood to state parks throughout the state, regardless of the firewood dealer's distance from the park. This rule will primarily benefit large firewood dealers who can afford to implement the firewood treatment regimen required for certification. This rule does not authorize or prohibit imports of firewood from outside this state. Current DATCP rules under ATCP 21.17 prohibit imports of firewood from areas which the U.S. department of agriculture has formally designated as being infested with certain wood pests, such as Emerald Ash Borer.
Environmental Impact
This rule will not have a significant impact on the environment. This rule does not restrict the sale or movement of firewood in this state. This rule will allow some firewood in state parks that would otherwise be prohibited by DNR rules, but only if the wood comes from a certified dealer who agrees to treat the wood to destroy plant pests such as Emerald Ash Borer. DATCP will inspect at least annually to verify that the firewood dealer has the necessary facilities and equipment to honor the agreement.
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (15) (j),
101.17,
101.19 (1) (k), and
101.981 to
101.986, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapters Comm 5 and 18 relating to licensing of elevator contractors and installers.
Hearing Information
The public hearing will be held as follows:
Date and Time:
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Location:
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October 29, 2007 - Monday
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Conference Room 3C, Thompson Commerce Center
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10:00 a.m.
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201 West Washington Ave.
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Madison, WI
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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 November 12, 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 Larry Swaziek, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
lswaziek@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 Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
Explanation of agency authority
Under the authority of ss.
101.17 and
101.982, Stats. as affected by
2005 Wisconsin Act 456, the Department has the authority to promulgate rules for the inspection, installation and maintenance of elevators, escalators and lift devices. The Department also has the authority to develop licensing requirements for a number of new elevator categories created under the new law for inspection, installation and maintenance of elevators, escalators and lift devices.
Summary of proposed rules
The revisions to chapters Comm 5 and 18 are in response to
2005 Wisconsin Act 456 relating to the regulation of elevators, escalators and lift devices. The following is a summary of the major rule changes to these chapters:
• Establish a definition for “conveyance", which exempts residential conveyances, material lift and hoists. Other definitions including “lift", “material hoist" and “personnel hoist" are included to be consistent with national, industry-wide safety standards. [Comm 5.003]
• Modify the tables relating to fees and terms of credentials to reflect the new elevator and lift categories established under the law. [Tables 5.02 and 5.06]
• Create licensing requirements for elevator contractors, elevator mechanics, elevator mechanics-restricted, elevator apprentices, elevator apprentices-restricted and elevator helpers as authorized under the law. [Comm 5, subchapter X]
• Change the current elevator inspector “certification" terminology to “licensure" to be consistent with the law. [Comm 5.64, and Comm 18]
• Reorganize Comm 18 subchapters II, III and IV to clarify owner and elevator contractor responsibilities (subchapter II), combine the plan review and inspection requirements, and modify the certification requirements for consistency with the law (subchapter III) and create requirements that address municipal enforcement of chapter Comm 18 (subchapter IV). [Comm 18, Subchapters II, III and IV]
• Rename the application form to “permit application" to reflect the change in the law. The requirements for submission of the application have not changed. [Comm 18.1007 and 18.1013]
Comparison with federal regulations
There are no existing or proposed federal regulations that address or impact the activities to be regulated by this rule.
Comparison with adjacent states
An Internet-based search of adjacent states' rules found the following regulations:
• Michigan licenses elevator contractors and elevator journeypersons.
• Minnesota licenses elevator contractors.
• Illinois has enacted laws and rules similar to the provisions under
2005 Wisconsin Act 456 with regard to licensing.
