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?
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
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
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
Long-range fiscal implications
None known
Notice of Hearing
Boilers and Pressure Vessels, Ch. Comm 41
NOTICE 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:
May 21, 2008
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
Sections 101.02 (15) (h) to (j) and 101.17, Stats.
Statutory authority
Sections 101.02 (15) (h) to (j) and 101.17, Stats.
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)]
g.   Eliminate the testing and maintenance requirements for historical boilers since the national standard that includes these requirements will be adopted by reference. [Comm 41.92]
h.   Clarify that mechanical refrigeration relief discharge piping must be compatible with the refrigerant used. [Comm 45.31 (4) (b)]
Comparison with federal regulations
An Internet-based search of the Code of Federal Regulations(CFR) found the following existing federal regulations relating to the activities to regulated by this rule:
Title 10 CFR Part 50 – Domestic Licensing of Production and Utilization Facilities. This regulation of the Nuclear Regulatory Commission applies to systems and components of boiling and pressurized water-cooled nuclear power reactors. This regulation adopts portions of the ASME Boiler and Pressure Vessel Code.
An Internet-based search of the 2005 through 2008 issues of the Federal Register found a final rule published September 29, 2005 concerning Title 10 CFR Part 50, the Nuclear Regulatory Commission (NRC). The rule amends the NRC regulations to incorporate by reference the latest edition of the ASME Boiler and Pressure Vessel Code pertaining to construction and in-service inspection of nuclear power plant components.
Comparison with rules in adjacent states
Originating in 1914, the ASME Boiler and Pressure Vessel Code is now adopted in part or in its entirety, by 49 states and numerous municipalities and territories of the United States and all the provinces of Canada.
An Internet-based search found that all adjacent states adopt by reference various editions and addenda of the ASME Boiler and Pressure Vessel Code. These states also create amendments to the adopted standard similar to Wisconsin's administrative rules for boilers and pressure vessels.
The following states and their respective departments have adopted and enforced the following ASME code editions:
a.   The Illinois Office of the State Fire Marshal, Division of Boiler and Pressure Vessel Safety regulates the construction, installation, operation, inspection and repair of boilers and pressure vessels throughout the state of Illinois. The Illinois Boiler and Pressure Vessel Safety Rules and Regulations are similar to the requirements in the Wisconsin Boiler and Pressure Vessel Code, including the Illinois incorporation by reference of the ASME Boiler and Pressure Vessel Code (2001 with 2003 addenda) the National Board Inspection Code (2001 with 2003 addenda) and the API 510 standard (8th edition).
b. The Iowa Department of Workforce Development, Division of Labor Services administers and enforces the Boilers and Unfired Pressure Vessels Chapter of the Iowa Code. That chapter requires new installations of boilers and pressure vessels to be designed, manufactured, installed, inspected and stamped in accordance with the applicable requirements of the ASME Boiler and Pressure Vessel Code (2004 with 2005 addenda).
c.   The Michigan Department of Labor and Economic Growth administers the Michigan Boiler Law and rules. The rules are similar to the Wisconsin rules, and establish minimum standards of safety for the use, construction, installation, inspection, alteration and repair of boilers with limited rules for specified pressure vessels. The rules adopt the National Board Inspection Code (2004 with addenda), the ASME Boiler and Pressure Vessel Code (2004 with addenda) and the ASME B31.1 Power Piping standard (2004 with addenda).
d.   The Minnesota Department of Labor and Industry, Division of Boiler Inspection administers rules that address the manufacture, installation, repair, operation, safety and inspection of boilers, pressure vessels and appurtenances. The rules contain provisions for licensing of boiler operations and include minimal requirements for hobby boilers (steam traction engines). The rules are similar to Wisconsin rules and incorporate the most recent editions and addenda of the ASME Boiler and Pressure Vessel Code and the National Board Inspection Code.
Summary of factual data and analytical methodologies
The primary methodology for updating the Wisconsin Boilers and Pressure Vessels Code, chapter Comm 41 has been a review and assessment of the latest editions of the national model codes that serve as the basis for Wisconsin codes. The department's review and assessment process involved the participation of the Boiler and Pressure Vessel Code Advisory Council. The members of that Council represent the many stakeholders involved in the boilers and pressure vessels industry including manufacturers, inspectors, building contractors, regulators, labor, insurance and the public. (A listing of the Boiler and Pressure Vessel Code Advisory Council is provided at the end of this analysis.)
The department believes 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 boilers and pressure vessels in commercial and public buildings and places of employment.
The ASME Boiler and Pressure Vessel Code is kept current by the Boiler and Pressure Committee, a volunteer group of more than 950 engineers. The Committee meets regularly to consider requests for interpretations, revision and to develop new rules. In the formulation of its rules and in the establishment of maximum design and operating pressures, the Committee considers technological advances including materials, construction, methods of fabrication, inspection, certification and overpressure protection. 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 Boiler and Pressure Vessel Code Advisory Council to gather and analyze information on potential impacts in complying with both the technical and administrative requirements of the codes. A responsibility of council members is to bring forth concerns that their respective organizations may have with the requirements including economic impact.
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 ASME national standards will not impose a significant impact on small businesses involved in the inspection, maintenance, servicing, and reporting requirements for boilers and pressure vessels.
Initial Regulatory Flexibility Analysis
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 is not required pursuant to s. 227.137, Stats.
Types of small businesses that will be affected by the rules.
The proposed rules will affect any business involved with the design, construction, installation, operation, inspection, testing, maintenance, repair or alteration of boilers or pressure vessels and mechanical refrigeration. The Department believes the rules will provide additional options for small businesses who want to use a solid fuel-fired water-heating appliance since the rules will permit an automatic feed system and the use of other fuels.
Reporting, bookkeeping and other procedures required for compliance with the rules.
There is no new reporting, bookkeeping or other procedure necessary for compliance with the rules.
Links to Admin. Code and Statutes in this Register are to current versions, which may not be the version that was referred to in the original published document.