Rule-Making Notices (Hearing Notices)

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:	Location:
October 29, 2007 - Monday	Conference Room 3C, Thompson Commerce Center
10:00 a.m.	201 West Washington Ave.
	Madison, WI

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 [e-mail].

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 [phone] or [phone] (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

Sections 101.19 (1) (k), 101.981 to 101.986, Stats., as created by 2005 Wisconsin Act 456, and sections 101.02 (15) (j) and 101.17, Stats.

Statutory authority

Sections 101.19 (1) (k), 101.981 to 101.986, Stats., as created by 2005 Wisconsin Act 456, and sections 101.02 (15) (j) and 101.17, Stats.

Related statute or rule

Section 101.02 (1) and (15), Stats.

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:

•   Repeal sections Comm 5.37, Comm 5.38, Comm 5.383, Comm 5.385 and Comm 5.387 as created by the emergency rule date June 1, 2007. The permanent licensing requirements are included in this rule package.

•   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.

•   Iowa does not license elevator contractors or installers.

Summary of factual data and analytical methodologies

In developing the rules the Department reviewed the language of 2005 Wisconsin Act 456 in conjunction with current legislative proposals that would affect provisions of the Act. The Department's review and assessment process involved the participation of the Conveyance Safety Code Council. The members of that Council represent many stakeholders involved in the conveyance industry, including manufacturers, inspectors, building contractors and the general public as users of the conveyances. (A listing of the Conveyance Safety Code Council is provided at the end of this analysis.)

Analysis and supporting documents used to determine effect on small business

The Department utilized the Conveyance Safety Code Council to gather information on potential impacts in complying with both the technical and administrative requirements of the codes. The proposed license fees reflect the cost of administering licenses and are similar to license fees for other trades such as electricians and plumbers. The proposed licensing process is also similar to the licensing procedures for other various trades currently addressed under chapter Comm 5.

Affect on small business

The Department believes the rules will not increase the effect on small businesses over that imposed by Wisconsin Act 456. An economic impact report has not been required pursuant to s. 227.137, Stats.

Council Members and Representation

  Conveyance Safety Code Council

Kevin Kraemer   Building Contractors

Jesse Kaysen     Public Member

Kelvin Nord     Labor

Paul Rosenberg   Architectural Design or Elevator
    Consulting Profession

Andrew Zielke     Elevator Manufacturers

Larry Swaziek     Secretary of Commerce Designee

Dan Meneguin     Employee of Commerce/Inspection

Copy of Rules

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 [e-mail], or at telephone [phone] or [phone] (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

Types of small businesses that will be affected by the rules.

The proposed rules implement mandates imposed by 2005 Wisconsin Act 456. The department estimates that there are approximately 40 elevator contractors, 500 elevator mechanics and 500 apprentices/helpers that would be impacted by the legislation. The department believes the rules will not increase the effect on small business over that imposed by the Act.

Reporting, bookkeeping and other procedures required for compliance with the rules.

The rules do not create any new reporting or bookkeeping procedures.

Types of professional skills necessary for compliance with the rules.

The law mandates that no person may engage in the business of installing or servicing conveyances, such as elevators, escalators and platform lifts unless they are licensed by the department. To obtain a license an applicant must demonstrate knowledge and skill related the installation or servicing of conveyances through experience, training or examination.

Will the rules have a significant economic impact on small businesses?

No.

Small business regulatory coordinator

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Fiscal Estimate

The department estimates that there are approximately 40 elevator contractors, 500 elevator mechanics and 500 apprentices/helpers that would be impacted by the legislation. The Department estimates the revenues generated by charging the licensing fees for elevator contractors and installers will be approximately $28,500 annually.

The increase in workload due to the new licensing requirements will be performed with existing staff.

Notice of Hearing

Natural Resources

(Environmental Protection-Air Pollution Control, Chs. NR 400—)

[CR 07-088]

NOTICE IS HEREBY GIVEN that pursuant to ss. 285.11 (1) and (2) (a) and 285.27 (4), Stats., interpreting s. 285.27 (2) and (4), Stats., the Department of Natural Resources will hold a public hearing on the creation of s. NR 462.015, Wis. Adm. Code, relating to national emission standards for hazardous air pollutants for industrial, commercial and institutional boilers and process heaters and potentially affecting small business. The proposed rule stays implementation of ch. NR 462.

The federal National Emission Standard for Hazardous Air Pollutants for industrial, commercial and institutional boilers and process heaters (Boiler MACT) was promulgated by the U.S. Environmental Protection Agency on September 13, 2004 with a compliance date set for September 13, 2007. On July 30, 2007, the D.C. Circuit Court of Appeals issued a mandate vacating the Boiler MACT. The compliance date for existing sources under the now vacated federal rule is no longer valid at the federal level. However, since the Department promulgated a similar standard in ch. NR 462 as required by s. 285.27 (2) (a), Stats., the Boiler MACT requirements remain in Wisconsin's rules.

NOTICE IS HEREBY FURTHER GIVEN that pursuant to ss. 227.24, 285.11 (1) and (2) (a) and 285.27 (4), Stats., interpreting s. 285.27(2) and (4), Stats., the Department of Natural Resources will hold a public hearing on Natural Resources Board Emergency Order No. AM-38-07(E) relating to national emission standards for hazardous air pollutants for industrial, commercial and institutional boilers and process heaters and potentially affecting small business. This emergency order took effect on September 13, 2007. This order stayed the implementation of ch. NR 462.

Hearing Information

NOTICE IS HEREBY FURTHER GIVEN that the hearing will be held on:

October 26, 2007   Room G09

Friday     GEF #2 Office Building

at 1:30 p.m.     101 South Webster Street

    Madison

NOTICE IS HEREBY FURTHER GIVEN that pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of information material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Robert Eckdale at [phone] or by e-mail at [e-mail] with specific information on your request at least 10 days before the date of the scheduled hearing.

Submission of Written Comments

Written comments on the emergency rule and the proposed rule may be submitted via U.S. mail to Mr. Roger Fritz, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by e-mail to [e-mail]. Comments may be submitted until November 2, 2007. Written comments whether submitted electronically or by U.S. mail will have the same weight and effect as oral statements presented at the public hearing.

Copy of Rule

The emergency rule, proposed rule and supporting documents, including the fiscal estimate may be viewed and downloaded and comments electronically submitted at the following Internet site: http://adminrules.wisconsin.gov. (Search this Web site using the Natural Resources Board Order No. AM-37-07.) If you do not have Internet access, a personal copy of the emergency rule, proposed rule and supporting documents, including the fiscal estimate may be obtained from Robert Eckdale, Bureau of Air Management, P.O. Box 7921, Madison, WI 53707 or by calling [phone].

Initial Regulatory Flexibility Analysis

NOTICE IS HEREBY FURTHER GIVEN that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:

Types of small businesses affected

Any small business which is a major source of hazardous air pollutants and has a solid fuel fired boiler or process heater.

Description of reporting and bookkeeping procedures required

Not applicable to the proposed stay in the implementation of the rule.

Description of professional skills required