The proposed rule and an analysis of the proposed rule is 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.
Analysis Prepared by the 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
Under the authority of ss.
101.17,
101.63 and
101.982, Stats., the Department has the authority to promulgate rules for the safe installation and operation of conveyances (elevators, escalators and lift devices). Under the authority of ss.
101.17,
101.983 and
101.988, Stats., the Department has the authority to promulgate rules for required permits, inspection and enforcement of the technical standards. Currently, the Department has fulfilled this responsibility by promulgating the Elevators, Escalators and Lift Devices Code, chapter Comm 18.
Summary of proposed rule
The proposed rule repeals a provision that requires a wear and fatigue monitoring system and a device that protects against suspension loss for electric traction elevators using smaller sized wire ropes. The repeal is necessary because the American Society of Mechanical Engineers (ASME) did not incorporate a similar provision into the latest edition of its national A17.1 standard that is adopted by reference in Comm 18 which became effective January 1, 2009. Nationally, conveyance equipment is designed and manufactured to meet the ASME A17.1 standard.
Comparison with federal regulations
An Internet-based search of the code of federal regulations and the federal register did not identify any federal requirements relating to requiring a wear and fatigue monitoring system or a device that protects against suspension loss in electric traction elevators. There are no existing or proposed federal regulations that address the specific issue or impact the activities to be regulated by this proposed 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. The adjacent states also create amendments to the adopted standard similar to Wisconsin's administrative rules relating to elevators, escalators and lift devices.
None of the elevator or escalator regulatory programs in the states of Illinois, Iowa, Michigan or Minnesota had specific rules or standards regarding the wear and fatigue monitoring system or the device that protects against suspension loss for electric traction elevators as addressed by the Wisconsin rule being repealed by this proposed rule.
Summary of factual data and analytical methodologies
The proposed rule was developed using information gathered when the department learned that the ASME A17.1 Committee was not incorporating the section relating to the wear and fatigue monitoring system and the device that protects against suspension loss for electric traction elevators into its next edition of the national A17.1, Safety Code for Elevators and Escalators. The current edition of the national standard for the design and construction of conveyance serves as the basis for the proposed rule as well as for the remainder of chapter Comm 18.
In addition, the department involved the Conveyance Safety Code Council in its review and assessment process. Council members represent many stakeholders involved in the conveyance industry, including manufacturers, inspectors, building contractors and the general public as users of the conveyances.
Analysis and supporting documents used to determine effect on small business
The department believes the proposed rule 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.
Small Business Impact
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rule.
The proposed rule will affect businesses that install and maintain electric traction elevators. Repealing the rule will save those businesses implementation costs.
Reporting, bookkeeping and other procedures required for compliance with the rule.
There are no reporting, bookkeeping or other procedures required for compliance with the rule.
Types of professional skills necessary for compliance with the rule.
There are no new types of professional skills necessary for compliance with the rule.
Rule has 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 (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Environmental Analysis
NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rule. In accordance with chapter Comm 1, the proposed rule is 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 the rule 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 proposed rule repeals code language requiring a wear and fatigue monitoring system and a device that protects against suspension loss for electric traction elevators using smaller sized wire ropes. Repealing s.
Comm 18.1702 (8) will not affect department revenue or expenditures.
State fiscal effect
None.
Local government fiscal effect
None.
Fund sources affected
PRO.
Long-range fiscal implications
No long range fiscal implications are anticipated.
Agency Contact Person
Larry Swaziek, Program Manager
(608) 267-7701
Text of Emergency Rule
SECTION 1. Comm 18.1702 (8) is repealed.
Text of Proposed Permanent Rule
SECTION 1. Comm 18.1702 (8) is repealed.
Notice of Hearing
Dentistry Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Dentistry Examining Board in ss.
15.08 (5) (b),
227.11 (2) and
447.04 (1) (b) 1., Stats., the Dentistry Examining Board will hold a public hearing at the time and place indicated below to consider an order to revise Chapters
DE 1 and
2, and to repeal Chapter
DE 4, relating to licensure of foreign trained dentists.
Hearing Information
Date: March 4, 2009
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
Room 121A
Madison, Wisconsin
Appearances at the Hearing and Submission of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to pamela.haack @wisconsin.gov. Comments must be received on or before March 20, 2009, to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Pamela Haack, Paralegal, Department of Regulation and Licensing, Office of Legal Counsel, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
pamela.haack@wisconsin.gov.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
447.04 (1) (b) 1., Stats., enables the Dentistry Examining Board to write rules for the licensing of individuals who are licensed in good standing to practice dentistry in another country.
Related statute or rule
There are no related statutes or rules other than those listed above.
Plain language analysis
This proposed rule-making creates a route for foreign trained dentists to be licensed in Wisconsin. It creates requirements that a foreign trained dentist must meet to get a license for both initial licensure and endorsement.
SECTION 2 creates a definition for “accredited" to mean accredited by the American Dental Association's Commission on Dental Accreditation (ADA CODA) or its successor agency. This is the same definition that is in s.
447.01 (1), Stats.
SECTION 3 amends the rule to delete foreign trained dentists from the initial licensing requirements in s.
DE 2.01 (1). Section
DE 2.01 (1) lists the items and evidence an applicant must submit to the board to receive an initial license.
SECTION 4 creates a new provision for initial licensure that applies only to foreign trained dentists. A foreign trained dentist will qualify for a license if he or she submits to the board evidence of graduation from a foreign dental school, evidence of the successful completion of an accredited postgraduate program in advanced education in general dentistry or an accredited general dental practice residency. In addition, a foreign trained dentist must submit the same information required of non-foreign trained dentists listed in s.
DE 2.01 (1) (a) to
(d) and
(g).
SECTION 5 amends the endorsement licensure provision in s.
DE 2.04 (1) (a), to enable foreign trained dentists to qualify for a license through endorsement. Currently, a foreign trained dentist cannot qualify for a license through endorsement because they do not meet the requirement that the applicant graduated from an accredited school of dentistry. This rule enables a foreign trained dentist to qualify for a license through endorsement if he or she submits evidence satisfactory to the board that he or she has graduated from a foreign dental school and has successfully completed an accredited postgraduate program in advanced education in general dentistry or an accredited general dental practice residency. All other requirements for qualifying for a license through endorsement remain in effect for all applicants.
SECTION 6 repeals ch.
DE 4, Educational Programs Meeting Licensing and Certification Requirements. Chapter
DE 4 consists of ss.
DE 4.01 and
4.02. Section
DE 4.01 states that the board shall approve ADA CODA accredited educational programs. That is already established in statute. It also allows the board to approve other programs. This rule repeals the board's ability to approve other programs.
Section
DE 4.02 gives the board the authority to approve evaluation programs for foreign trained dentists. Repealing this provision takes away that authority from the board. The repeal of this provision is consistent with this proposed rule-making order. This rule-making order deletes the language in s.
DE 2.01 (1) (e) that states that a foreign trained dentist meets the educational requirements for a license if verification is provided from a “board approved foreign graduate evaluation program of successful completion of the evaluation course." By deleting that language, s. DE 4.02 becomes obsolete for licensure purposes and should be repealed. This rule-making order replaces that deleted language by requiring a foreign trained applicant to have completed an ADA CODA approved program.
Comparison with federal regulations
There are no existing or proposed federal regulations.
Comparison with rules in adjacent states
