Rule-Making Notices (Hearing Notices)

b.   Create code language to recognize alternate standards that have been used by the department. (e.g. Pressurized sewer systems and water treatment device sizing). [Comm 82.30 (11) (f) 2. and Comm 82.40, Table 82.40-3e]

c.   Expand the requirement for demand regeneration controls for water treatment devices to devices that discharge to municipal sewers. [Comm 82.40 (8) (j)]

d.   Use the term “manufactured home" in place of the term “mobile home" in numerous places as referenced in s.101.91 (2), Stats. [Comm 81.01 (152), (153), and (154) and Comm 82.51]

e.   Change the calculation of the load factor on drain piping so it reflects national model plumbing code requirements. [Comm 82.30 (3)]

f.   Modify the triggers for the installation of stack vents serving drain stacks from two to five or more branch intervals. [Comm 82.31 (4)(a) and 82.31 (5)]

g.   Expand and describe more fully the grease and oil treatment requirements for restaurants. [Comm 82.34 (5)]

h.   Modify the requirements for secondary roof drains so they more closely follow national standards. [Comm 82.36 (11)]

i.   Upgrade the requirements for water conserving fixtures to more closely correspond to national standards. [Comm 84.20 (3)(b)2.]

Comparison with federal regulations

There are several existing federal regulations that relate to the design, installation or construction, inspection and maintenance and repair of plumbing. Some of these regulations require compliance with the 2006 editions of the International Plumbing Code (IPC), a national model code developed by the International Code Council (ICC), and the Uniform Plumbing Code (UPC), a national model code developed by the International Association of Plumbing and Mechanical Officials.

An Internet-based search of the United States Code (USC) found the following existing federal rules that impact plumbing. The Wisconsin Uniform Plumbing Code reflects the requirements currently contained in these federal laws.

•   Assembly Bill No. 1953, Chapter 853 – The Lead Solder, Pipe and Flux Law expands Section 116875 of the Health and Safety Code as contained in USC Title 42, Chapter 6A, Subchapter XII, Part B, Section 300g-6 relating to lead plumbing to include any pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption. The law, which becomes effective January 1, 2010, passed both the Assembly and the Senate in 2006 and also revises the term “lead free."

•   USC Title 42, Chapter 6A, Subchapter XII, Part F, Section 300j-24 – Lead contamination in school drinking water outlines the testing protocol for lead contamination in drinking water from coolers and other sources at educational agencies, private nonprofit elementary or secondary schools and day care centers. The law became effective in 1999. Currently, legislation is being proposed that would amend this section of the Safe Drinking Water Act.

•   USC Title 33, Chapter 26, Subchapter IV, Section 1342 – National Pollutant Discharge Elimination System (NPDES) established Phase I of the storm water program in 1990. Nine years later, Phase II of the program was signed into law and requires smaller communities to develop and implement a comprehensive storm water management program.

An Internet-based search of the 2005 through 2008 issues of the Federal Register found a proposed rule about plumbing connections to manufactured homes published April 26, 2005 in Vol. 70, No. 79. Comments and an analysis have been received and the final rule will become effective October. 20, 2008. Several of the proposed requirements exceed the standards of the Wisconsin Uniform Plumbing Code. These include the requirement for a shutoff valve to be located beneath or adjacent to the home, a condition that the water heater be removed for air testing water systems and a requirement for the installation of a drain cleanout when pipe pitch is 1/8‶ per foot.

Comparison with rules in adjacent states

An Internet-based search of the four adjacent states found the following:

•   The Illinois Department of Public Health administers a state-written uniform plumbing code with exceptions for cities that existed prior to Illinois statehood.

•   The Iowa Department of Public Health administers the Iowa Uniform Plumbing Code that adopts the 2000 edition of the national UPC with amendments.

•   The Michigan Department of Consumer and Industry Services, Bureau of Construction Codes developed the 2003 Michigan Plumbing Code that became effective December 31, 2003. Based on the IPC, the code includes state amendments.

•   The Minnesota Department of Labor and Industry, Building Codes and Standards Division, administers the Minnesota Plumbing Code, a state written uniform code that was revised August 25, 2003.

Summary of factual data and analytical methodologies

The primary methodology for updating the Wisconsin Uniform Plumbing Code, chapters Comm 81 to 84 has been a review and assessment of the latest editions of the national technical standards that serve as the basis for Wisconsin code. Staff prepared a comprehensive comparison of the changes in the 2006 editions of the IPC and the national UPC to what currently is adopted in chapters Comm 81 to 84. The department's review and assessment process involved the participation of the Plumbing Advisory Code Council. The members of that Council represent the many stakeholders involved in the plumbing industry including designers, inspectors, labor and building contractors. (A listing of the Plumbing Advisory Code Council is provided at the end of this analysis.)

The department believes the national model codes reflect current societal values with respect to safeguarding people and property from hazards arising from the use of plumbing.

Analysis and supporting documents used to determine effect on small business

The department used the Plumbing Advisory Code Council to gather and analyze information on potential impacts in complying with both the technical and administrative requirements of the codes. Many small businesses belong to the industry associations that sit on the advisory council. 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 that 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.

Environmental Analysis

NOTICE IS HEREBY GIVEN that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings.

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 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 ownership, design, construction and installation, inspection, repair and maintenance of plumbing.

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

There are no additional reporting, bookkeeping or other procedures required for compliance with the rules.

Types of professional skills necessary for compliance with the rules.

There are no additional professional skills necessary for compliance with the rules.

Will rules have a significant economic impact on small businesses?

No.

Fiscal Estimate

Summary

The Safety and Buildings Division is responsible for administering and enforcing rules relating to the design, installation or construction, inspection and maintenance of plumbing. The proposed rules consist of updates of chapters Comm 81 to 84, Wisconsin Uniform Plumbing Code, and chapter Comm 62, Wisconsin Commercial Building Code, including the incorporation by reference of the latest editions of many national standards related to plumbing products and methodologies. There are no new regulatory schemes contained in the proposed rule revisions that would significantly affect revenues, expenditures or the division's workloads.

The proposed rules will not have a fiscal effect on other state agencies or local governments.

The proposed rules will not increase the effect from what the current rules impose on small businesses that own or are involved in the design, installation or construction, inspection and maintenance of plumbing.

State fiscal effect

None.

Local fiscal effect

None.

Long-range fiscal implications

None are anticipated.

Notice of Hearing

Commerce

Public Swimming Pools and Water Attractions,
Ch. Comm 90

rulemaking_notices CR 08-056 CR 08-056

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 and 145.26, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapter Comm 90 relating to the design and construction of public swimming pools and water attractions.

Hearing Information

The public hearing will be held as follows:

Date and Time:	Location:
July 8, 2008 Tuesday 1:00 p.m.	Thompson Commerce Building Human Resources Conference Room (First Floor) 201 W. Washington Avenue Madison

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.

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 July 18, 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 Lynita Docken, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail].

Copies of Proposed 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.

Agency Contact Person

Lynita Docken, Program Manager, lynita.docken@ wisconsin.gov, [phone].

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].

Analysis Prepared by Department of Commerce

Statutes interpreted

Sections 101.02 and 145.26, Stats.

Statutory authority

Sections 101.02 and 145.26, Stats.

Explanation of agency authority

Under the authority of ss. 101.02 and 145.26, Stats., the Department of Commerce has the authority to promulgate rules to protect the health, safety and welfare of the public by establishing reasonable and effective safety standards for the design, construction, alteration or reconstruction of public swimming pools, water attractions and associated equipment.

Related statute or rule

Chapter HFS 172, Safety, Maintenance and Operation of Public Pools and Water Attractions.

Chapters Comm 60 to 66, Wisconsin Commercial Building Code.

Chapters Comm 81 to 87, Wisconsin Uniform Plumbing Code.

Summary of proposed rules

The primary revisions to chapter Comm 90 reflect the most current edition of the American National Standards Institute/International Aquatics Foundation (ANSI/IAF) requirements for public swimming pools and aquatic recreation facilities. The proposed rules contain a number of modifications to the technical requirements within these standards, reorganization of current requirements and editorial changes. The public swimming pool portion of chapter Comm 90 has not been significantly revised since 1994 when the public swimming pool program was transferred to the Department of Commerce from the Department of Health and Family Services. The proposed code requirements include updates that reflect current technology and options for the design and installation of public swimming pools and water attractions. The proposed revision of chapter Comm 90 also combines the public swimming pools and water attractions sections of the present code.

The following is a summary of the major rule changes to this chapter:

a.   Creates uniformity between the regulations for public swimming pools and water attractions.

b.   Provides more consistency between Wisconsin's code and the national standards (ANSI/IAF–1, 2 and 9).

c.   Provides clearer code language to eliminate the need for web interpretations on various issues (for example, vanishing edge pools).

d.   Delineates requirements for entries and exits serving public swimming pools and water attractions.

e.   Creates requirements and allowances for swimouts and underwater seats and benches.

f.   Expands the requirement for automatic chemical controllers to public swimming pools. Current code requires controllers for water attractions.

g.   Defines the enclosing building to be an acceptable barrier for indoor public swimming pools or water attractions.

Comparison with federal regulations