NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 (15),
101.149, and
101.63 (1), Stats., the Department of Commerce will hold a public hearing on proposed permanent rules and emergency rules under Chapters
Comm 21 and
62 relating to carbon monoxide alarms and affecting small business.
Hearing Information
The public hearing will be held as follows:
Date and Time:
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Location:
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October 14, 2008
10:00 a.m.
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Conference Room 3B
Thompson Commerce Center
201 W. Washington Avenue
Madison
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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
Explanation of agency authority
Under the statutes cited, the Department of Commerce protects public health, safety, and welfare by promulgating comprehensive requirements for design, construction, use and maintenance of public buildings and places of employment and adopts rules that establish uniform, statewide standards for the construction of 1- and 2-family dwellings.
2007 Wisconsin Act 205 specifically directs the Department to address carbon monoxide alarms involving these types of buildings.
Related statute or rule
Administrative Rules: Chapters
Comm 60 to
66, Wisconsin Commercial Building Code, and Chapters
Comm 20 to
25, Uniform Dwelling Code.
Summary of rule
The rules establish minimum requirements for the installation and maintenance of carbon monoxide alarms in buildings accommodating residential type occupancies where people sleep or lodge, excluding hospitals and nursing homes, that reflect the statutory mandates of
2007 Wisconsin Act 205. Specifically, the rules would:
For new tourist rooming houses (cabins under the scope of Uniform Dwelling Code) (October 1, 2008), Comm 21.095
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Require the installation of carbon monoxide alarms where any type of fuel burning appliances are installed.
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Require the carbon monoxide alarms to be continuously powered by the building's electrical service with battery backups.
For new commercial buildings: (October 1, 2008)
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Require the installation of carbon monoxide alarms where any type of fuel burning appliances are installed. Comm 62.1200 (2) (a)
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Require the carbon monoxide alarms to be continuously powered by the building's electrical service with battery backups. Comm 62.1200 (2) (c)
For existing commercial buildings (Buildings existing on October 1, 2008 or reviewed and receiving department plan approval under the rules effective prior to October 1, 2008)
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Require the installation of carbon monoxide alarms by April 1, 2010.
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Do not dictate the type of power sources for the carbon monoxide alarms, thereby allowing batteries, electrical outlet plug-ins or wired to the building's electrical service.
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Allow the omission of carbon monoxide alarms provided there are no attached garages and all of the fuel burning appliances are of sealed combustion type either under warranty or annually inspected for carbon monoxide emissions. Comm 62.1200 (2) (a) 4.
The rules require carbon monoxide alarms to be listed and labeled identifying conformance to UL 2034, Underwriters Laboratories Inc, Standard for Safety Single and Multiple Station Carbon Monoxide Alarms.
Under the federal Americans with Disabilities Act, ADA, and the federal Fair Housing Law certain carbon monoxide alarms may be required to have both audible and visual alarm features.
Owners of existing tourist rooming houses will need to install and maintain carbon monoxide alarms in accordance with s.
101.149 (2) and
(3), Stats., by April 1, 2010.
Comparison with federal regulations
An internet-based search of code of federal regulations and the federal register did not identify any federal requirements for the installation and maintenance of carbon monoxide alarms in residential buildings.
Comparison with rules in adjacent states
An Internet-based search of carbon monoxide alarm regulations for the states of Illinois, Iowa, Michigan and Minnesota found the following:
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Illinois under Public Act 094-0741, the Carbon Monoxide Alarm Detector Act, has required the installation of carbon monoxide alarms in all occupancies and structures which have sleeping rooms since January 1, 2007.
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Iowa requires the installation of carbon monoxide alarms in foster care facilities.
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Michigan has not enacted any carbon monoxide alarm regulations at this time.
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Minnesota statute, 299F.50, requires carbon monoxide alarms in all single family homes and multifamily apartments units; new construction as of January 1, 2007; existing single family homes as of August 1, 2008 and existing multi-family and apartment buildings as of August 1, 2009.
Summary of factual data and analytical methodologies
In developing the rules the Department reviewed the language of
2007 Wisconsin Act 205 in conjunction with the Department's broad authority under ss.
101.02 (15) and
101.63 (1), Stats., to protect public health and safety regarding the construction of public buildings, places of employment and one- and two- family dwellings to be used as tourist rooming houses. The current administrative rules for the installation of fire alarms (smoke detectors) were used as a model for these proposed rules pertaining to carbon monoxide alarms. The Department also analyzed the complexities of compliance under several scenarios where fuel burning appliances are added or replaced during the life of the building, such as residential condominiums.
Analysis and supporting documents used to determine effect on small business
The proposed rules implement mandates imposed by
2007 Wisconsin Act 205. The Act affects the owners of commercial buildings where people sleep or lodge and tourist room houses (rental cabins) where fuel burning appliances are installed. The types of commercial buildings affected include apartment buildings, condominiums, hotels, motels, bed and breakfast establishments, fraternities, sororities, dormitories, convents, seminaries, community based residential facilities, and home shelters. The department does not believe that the rules will increase the effect on small businesses over that imposed by the Act. Battery or plug-in type carbon monoxide alarms typically range in cost from $25 to $50. New construction installation costs for a hard-wired type carbon monoxide alarm with battery backup ranges in from $65 to $85 and $90 to $110 if interconnection is involved. Combination carbon monoxide alarms and smoke alarms are also available. Smoke alarms are currently required for residential occupancies. The use of combination carbon monoxide alarms and smoke alarms should result in installation and labor cost savings over that for separate systems.
An economic impact report has not been required to be prepared.
Small Business Impact
The rules are not expected to impose significant costs or other impacts on small businesses because the rules address submittal of documentation only by applicants who choose to pursue tax credits for dairy manufacturing modernization or expansion activities.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
The proposed rules implement mandates imposed by
2007 Wisconsin Act 205 regarding the installation and maintenance of carbon monoxide alarms. The Act affects the owners of commercial buildings where people sleep or lodge and tourist room houses (rental cabins) where fuel burning appliances are installed. The types of commercial buildings affected include apartment buildings, condominiums, hotels, motels, fraternities, sororities, dormitories, convents, seminaries, community based residential facilities, home shelters and bed and breakfast establishments.
Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no new reporting, bookkeeping and other procedures necessary for compliance with the rules.
Types of professional skills necessary for compliance with the rules.
There are no new types of professional skills necessary for compliance with the rules.
Rules have a significant economic impact on small businesses?
No.
Environmental Analysis
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
The rules implement mandates imposed by
2007 Wisconsin Act 205 regarding the installation and maintenance of carbon monoxide alarms in buildings accommodating residential type occupancies where people sleep or lodge, excluding hospitals and nursing homes. The rules will not increase the department's revenue or cost with respect to administration or enforcement over that imposed by the Act.
The Act and the rules affect the owners of commercial buildings where people sleep or lodge and tourist room houses (rental cabins) where fuel burning appliances are installed. The types of commercial buildings affected include apartment buildings, condominiums, hotels, motels, fraternities, sororities, dormitories, convents, seminaries, community based residential facilities, home shelters and tourist rooming houses (rental cabins). The department does not believe that the rules will increase the effect on owners over that imposed by the Act. Battery or plug-in type carbon monoxide detectors typically range in cost from $25 to $50. New construction installation costs for a hard-wired type carbon monoxide alarm with battery backup ranges in cost from $65 to $85 and $90 to $110 if interconnection is involved. Combination carbon monoxide alarms and smoke alarms are also available. The use of combination carbon monoxide alarms and smoke alarms should result in installation and labor cost savings over that for separate systems.
State fiscal effect
None.
Local fiscal effect
None.
Fund sources affected
PRO
Long-range fiscal implications
No long-range fiscal implications are anticipated.
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 October 24, 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 James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at jim.quast@ 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
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.
Notice of Hearing
Natural Resources
Fish, Game, etc., Chs.
NR 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
26.30 (6m) and
227.11 (2), Stats., interpreting ss.
26.30,
28.01 and
28.07, Stats., the Department of Natural Resources will hold public hearings on revisions to Chapter
NR 47, subch. IX, relating to the gypsy moth suppression program.
Hearing Information
The hearings will be held on:
October 14, 2008
Tuesday - 7:00 p.m.
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Video conference participation will be available at:
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Old Library 1122, UW-Eau Claire
105 Garfield Avenue, Eau Claire
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Room IS1034, UW-Green Bay
2420 Nicolet Drive, Green Bay
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Room 227, Pyle Center
702 Langdon Street, Madison
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Pursuant to the Americans with Disabilities Act, reasonable accommodations, including the provision of informational material in an alternative format, will be provided for qualified individuals with disabilities upon request. Please call Dr. Andrea Diss-Torrance at (608) 264-9247 with specific information on your request at least 10 days before the date of the scheduled hearing.
Analysis Prepared by Department of Natural Resources
Statutes interpreted
Statutory authority
