(i) The 2007 edition of the ASME A17.1 Safety Code for Elevators and Escalators and the 2005 edition of the ASME 18.1 Safety Standard for Platform Lifts and Stairway Chairlifts will be adopted by reference. [See Comm 18.1005]
(j) The periodic inspection and tests of hydraulic elevators, specifically, the relief valve setting and system pressure test and the hydraulic cylinders and pressure piping tests will apply to hydraulic elevators installed prior to January 1, 1994 and that have below ground cylinders. [See Comm 18.1708 (3) and (11) (a)]
(k)
In accordance with the
2005 Wisconsin Act 456, routine inspections and tests of stairway chairlifts installed in public buildings, places of employment will be made at intervals not longer than one year. [See Comm 18.1810 (2)]
(L) A number of Wisconsin modifications relating to the height of grab rails in platform lifts have been eliminated since the ASME A18.1 Standard now covers this requirement. [See Comm 18.1802 (1) (c) and (e) 2.]
(m) Create rules to cover special platform lifts for use in courtrooms. [See Comm 18.1801 and 18.1820]
(n) Create a requirement under the Uniform Dwelling Code (UDC) that will reference chapter Comm 18 when an elevator or dumbwaiter is installed that will serve a dwelling unit covered under the UDC. [See Comm 21.115]
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 rules in adjacent states
An Internet-based search found that all of the adjacent states adopt by reference certain editions of the ASME A17.1, Safety Code for Elevators and Escalators and the ASME A18.1, Safety Standard for Platform Lifts and Stairway Chairlifts. The adjacent states also create amendments to the adopted standard similar to Wisconsin's administrative rules relating to elevators, escalators and lift devices.
The following are the adjacent states and the edition of the ASME coded they adopt and enforce:
(a) The Illinois Office of the State Fire Marshal, Division of Elevator Safety is responsible for implementing the Elevator Safety and Regulation Acts. The 2004 edition of the ASME A17.1, Safety Code for Elevators and Escalators, the 2005 A17.1a, Addenda and the 2005 edition of the ASME A18.1, Safety Standard for Platform Lifts and Stairway Chairlifts are both adopted by reference.
(b) The Iowa Department of Workforce Development, Division of Labor Services, Elevator and Escalators oversees that all elevators, escalators, dumbwaiters and related equipment must comply with all rules and statutes. The 2004 edition of the ASME A17.1, Safety Code for Elevators and Escalators, the 2003 edition of the ASME A18.1, Safety Standard for Platform Lifts and Stairway Chairlifts are both adopted by reference.
(c) The Minnesota Department of Labor and Industry is responsible for enforcing minimum requirements relating to building codes, including elevators and related devices. The requirements include the design, construction, installation, alteration, repair, removal and operation and maintenance of passenger elevators. The 2004 edition of the ASME A17.1, Safety Code for Elevators and Escalators and the 2005 edition of the ASME A18.1, Safety Standard for Platform Lifts and Stairway Chairlifts are both adopted by reference.
(d) The Michigan Department of Labor and Economic Growth is responsible for issuing permits, the examination and licensing of elevator journeypersons and contractors, inspecting of elevators, escalators and dumbwaiters, complaint investigations and reporting elevator accidents. The state rules establish, for the protection of the general public, minimum safety requirements for inspection, construction, installation, alteration, maintenance, repair and operation of elevators. The 2004 edition of the ASME A17.1, Safety Code for Elevators and Escalators and the 2003 edition of the ASME A18.1, Safety Standard for Platform Lifts and Stairway Chairlifts are both adopted by reference.
Summary of factual data and analytical methodologies
The primary methodology for updating the Wisconsin Administrative Code, chapter Comm 18 relating to conveyances has been a review and assessment of the latest editions of the national technical standards for the design and construction of conveyances, which serves as the basis for chapter Comm 18. The review and enforcement requirements for elevators and dumbwaiters serving private dwelling units were also included under chapter Comm 18 to be consistent with recent legislation. Staff prepared a comprehensive comparison of the changes in the latest editions of the ASME standards to the editions currently adopted under Comm 18. 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.)
The Department believes that the national model codes reflect current societal values with respect to protecting public health, safety and welfare in the design, construction, use, operation and maintenance of conveyances in commercial and residential buildings. The ASME standard setting committees use a process open to all parties in the development of their codes. More information on the development of these standards may be obtained from the ASME web site at:
www.asme.org
Analysis and supporting documents used to determine effect on small business
The Department used the Conveyance Safety Code Council to gather and analyze information on potential impacts in complying with both the technical and administrative requirements of the codes. As authorized in recent legislation, elevators and dumbwaiters that serve dwelling units will be required to comply with the inspection and permit requirements similar to those for elevators and dumbwaiters installed in commercial buildings. Small businesses that install elevators and dumbwaiters in commercial facilities will be familiar with the inspection and permit processes that will now be required for installations serving dwelling units.
In addition to posting rule development and council activities on the department's web site, the department offers an Email subscription service, which is available to all small businesses. This service provides Email notification of council meetings, meeting, agendas and council meeting progress reports so small businesses can follow proposed code changes.
Adopting the most current edition of the 2007 edition of the ASME A17.1 and 2005 edition of the ASME A18.1 national standards will not impose a significant impact on small businesses selling conveyances or providing services for conveyances.
It is anticipated this requirement will not have a significant impact on small businesses installing elevators and dumbwaiters.
Initial Regulatory Flexibility Analysis
Summary
The Department believes the rules will not increase the effect on small businesses from what the current rules impose on them. An economic impact report has not been required pursuant to s.
227.137, Stats.
Types of small businesses that will be affected by the rules.
Small business selling or providing services on conveyance equipment or small businesses that own buildings with conveyances will be affected by the proposed rules. However, based on the minimal costs to provide the safety features of the Firefighters' Emergency Operation (FEO) key switch and to test hydraulic elevators with below ground cylinders, the Department believes there will be no significant impact on small businesses. The following is a summary of the proposed changes:
a) The proposed rules update chapter Comm 18 by adopting the most current edition of the ASME A17.1, Safety Code for Elevators and Escalators and ASME A18.1, Safety Standard for Platform Lifts and Stairway Chairlifts. It is important for all elevator companies to be designing and providing services to the general public using the most current edition of the national safety standards.
b) When an elevator is added to a building or an existing elevator has certain alterations, the FEO key will be required. The cost of the key per elevator and per machine room is approximately $45 and approximately $60 per hour for installation. The typical installation time is one hour. It is important that elevator companies provide the same key throughout the building to help ensure the safety of firefighters and building occupants should fir or other emergencies occur.
c) The annual test for hydraulic elevators with below ground cylinders is approximately $500 per elevator. If oil is leaking from these below ground cylinders and not corrected, the safety of the riding public could be jeopardized.
Reporting, bookkeeping and other procedures required for compliance with the rules.
The rules create a new form for reporting of 5-year safety tests on elevators. The new form helps simplify the process for reporting the testing results.
Types of professional skills necessary for compliance with the rules.
For any small business installing, repairing or maintaining conveyances, the individuals providing these services must be licensed as specified under chapter Comm 5.
Rules have a significant economic impact on small businesses?
No.
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.
Fiscal Estimate
Summary
1. Switch key –When an elevator is added to a building or an existing elevator has certain alterations or renovations done, the universal Firefighter's Emergency Operation (FEO) key for fire safety purposes would be required on these elevators and on all other elevators in the building. Each switch key or tumbler assembly costs about $45, and each elevator and each machine room requires a switch key. The estimated cost for labor is about $60 an hour, and the typical installation time is one hour. The estimated cost to key a single elevator would be about $150. For a building with six elevators and two machine rooms, the estimated cost to key all the same would be about $500. This requirement would help ensure the safety of firefighters and building occupants should fire or other emergencies occur.
2. Annual tests for hydraulic elevators with below ground cylinders – Currently, the Wisconsin code requires annual relief valve setting and system pressure tests for hydraulic elevators installed before January 1975 with below ground cylinders. The proposed rules would align with the national elevator code and require the testing of below ground cylinders and piping installed between January 1975 and January 1994. The purpose of the tests is to determine if the hydraulic cylinders are operating properly to ensure safety for people using the elevators and if any oil is leaking from the cylinders. The estimated cost to perform a routine relief valve test is about $500 an elevator.
Between January 1975 and January 1994, there were about 3,700 hydraulic elevators installed in Wisconsin with below ground cylinders. This testing requirement may affect some state of Wisconsin-owned buildings. The estimated cost for expanding the requirement to 1994, however, would be minimal for these state-owned buildings because the annual elevator maintenance contracts include performing this test. Local governments also will be impacted; however, it is most likely that the majority of hydraulic elevators installed in local government buildings in Wisconsin also are covered by annual maintenance contracts.
3.
One- and 2-family dwellings as per WI Act 456 – The proposed rules will require permits, plan reviews and inspections for elevators and dumbwaiters installed in one- and 2-family dwellings. The department believes, however, that the cost impact will not be more than created by the
2005 Wisconsin Act 456.
State fiscal effect
None
Local government fiscal effect
Mandatory increase in costs.
Types of local governmental units affected
Towns, villages, cities, counties, school districts, WTCS districts.
Fund sources affected
PRO
Long-range fiscal implications
None known
Notice of Hearing
Commerce
Boilers and Pressure Vessels, Ch.
Comm 41NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (15) (h) to
(j) and
101.17, Stats., the Department of Commerce will hold a public hearing on proposed rules revising chs.
Comm 23,
41 and
45, relating to boilers and pressure vessels
and mechanical refrigeration.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
May 21, 2008
Wednesday
10:00 a.m.
|
Thompson Commerce Bldg.
Third Floor Conf. Room #3C
201 W. Washington Avenue
Madison, Wisconsin
|
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.
Submission of Written Comments
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 June 4, 2008, 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 Joe Hertel, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at joe.hertel@ wisconsin.gov.
Copies of Proposed 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
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Agency Contact Person
Joe Hertel, Program Manager, joe.hertel@commerce. wi.gov, (608) 266-5649.
Small Business Regulatory Coordinator
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.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
Chapters
Comm 60 to
66, Wisconsin Commercial Building Code
Chapters
Comm 20 to
25, Wisconsin Uniform Dwelling Code
Explanation of agency authority
Section
101.02 (15) (h) to
(j), Stats., grants the Department of Commerce 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 public buildings and places of employment. Section
101.17, Stats., indicates that machines and boilers cannot be installed or used in Wisconsin unless they comply with the rules of the department.
Plain language analysis
Chapter
Comm 41 currently contains the minimum safety standards for the design, construction, installation, operation, inspection, testing, maintenance, repair and alteration of boilers and pressure vessels installed in public buildings and at places of employment. The proposed revisions to chapter Comm 41 bring the state boiler and pressure vessel code up to date with current technology and nationally recognized standards and clarify existing rules. The proposed revision in chapter 45 clarifies the requirement for mechanical relief discharge piping. The following is a summary of the major proposed changes to this chapter:
a. Modify the scope of chapter Comm 41 to include equipment covered by this code and installed at one-or 2-family dwelling units and include a cross-reference to Comm 41 from the Uniform Dwelling Code. [Comm 23.04 (4), 41.02 (1), 41.16 (1) (b) 2., 41.16 (3) (b), 41.18 (l) (o), and 41.24 (1) (b)]
b. Define solid fuel-fired water-heating appliances to include any equipment that heats water by burning solid fuels for the purpose of providing space or process heating. The rules will also permit a manual solid-fuel feed system to be converted to an automatic feed system. [Comm 41.04 (38) and 41.49]
c. Adopt by reference the most current edition of the national standards relating to boilers and pressure vessels and include correct cross-references to these standards. [Comm 41.10 (2), Comm 41.91 (1) and Comm 41.92 (2) (a)]
d. Update the department contact information in several informational notes. [Comm 41.05 Note 2, Comm 41.16 (1) (a) Note, Comm 41.23 (2) (a), Comm 41.41 (2) (a) Note, and Comm 41.48 Note]
e. Clarify the requirements relating to temperature controls for automatically-fired hot water boiler or a system of commonly connected hot water heating boilers. [Comm 41.29 (2) (b)]
f. Include requirements that a piping installer must notify the certified inspector before starting construction of a power piping system, and give the inspector a minimum of 5 business days notice to schedule the inspection. [Comm 41.16 (2) (c) and 41.41 (2) (c)]
