The proposed rules also establish plan submittal requirements for proposed fire pump installations regulated under section 695 of the adopted National Electrical Code.
The proposed rules also rearrange the material and subchapters within chapter Comm 16.
Comparison with federal regulations
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding inspection of electrical wiring installations.
Comparison with rules in adjacent states
Illinois:
Illinois does not administer a state electrical inspection program.
Iowa:
Iowa is to implement an electrical inspection program as of March 1, 2009. Inspections are required of new electrical installations for commercial and industrial applications, public-use buildings and facilities, and residential applications in excess of single-family and new electrical service equipment for single-family applications. Permits are required to commence electrical installations. Inspections are to be conducted by state inspectors or by certified local inspectors.
Michigan:
With the exception of farms and universities, Michigan requires electrical permits and inspections for electrical installations costing more than $100. The inspections are typically conducted by state certified electrical inspectors for municipalities that meet state minimum requirements. Where municipal inspection is not provided state inspectors conduct the inspections.
Minnesota:
In Minnesota, all new electrical wiring installations are subject to inspection with the exception of minor repairs. Requests for inspections are to be made by the person responsible of the installation to an enforcing municipality recognized by the state or the state for non-enforcing municipalities. State electrical inspections are conducted by contracted inspectors under the oversight of regional state representatives. All inspectors are either licensed journeyman or master electricians.
Summary of factual data and analytical methodologies
The proposed rules for a state wide electrical inspection program were developed based upon the following:
•
The state wide inspection program for the construction of new one- and two family dwellings.
•
Current municipal electrical inspection schemes as well other state programs besides the four bordering states.
A working draft of the proposed rules was shared with the Electrical Code Advisory Council for their input. The Council's membership includes electrical contractors and municipal inspectors.
Small Business Impact
Pursuant to
2007 Wisconsin Act 63, the proposed electrical inspection program for farms, public buildings and places of employment will affect all electrical contractors installing electrical wiring in and for such establishments as well the owners or tenants of these establishments. The rules will require obtaining permits before electrical wiring installations commence for farms, public buildings and places of employment. The issuance of the permits will result in periodic construction inspections by enforcing municipal or independent building inspection agencies during the electrical wiring installation. The cost of the permits and the resulting inspections will be determined by the respective enforcing municipal inspection agency or by the state contract procurement process when involving an independent building inspection agency. Many of the more populous municipalities in the state currently administer electrical permit and inspection program. Municipal electrical permits and inspections are typically determined on the basis of a base fee plus a cost for each electrical opening which varies with the size and type of building and occupancy. The Department does not believe that the proposed rules will increase the effect on small businesses over that imposed by the Act.
An economic impact report has not been required pursuant to s.
227.137, Stats.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
The proposed electrical inspection program for farms, public buildings and places of employment will affect all electrical contractors installing electrical wiring in and for such establishments as well the owners or tenants of these types of buildings and structures.
Reporting, bookkeeping and other procedures required for compliance with the rules.
The rules will require obtaining permits before electrical wiring installations commence for farms, public buildings and places of employment.
The issuance of the permits will result in periodic inspections by enforcing municipal or independent building inspection agencies during the electrical wiring installation.
The cost of the permits and the resulting inspections will be determined by the respective enforcing municipal inspection agency or by the state contract procurement process when involving an independent building inspection agency.
Types of professional skills necessary for compliance with the rules.
The proposed changes do not require any type of professional skills for compliance.
Rules have 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 Impact
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
To implement the proposed electrical inspection program the Department proposes to establish a commercial building inspection agency registration. The agencies will be responsible for issuing permits and inspecting electrical wiring installations for farms, public buildings and places of employment. The inspections are required to be conducted by Department certified commercial electrical inspectors. Both municipalities and third-party independent inspection agencies will need to register with the Department. The cost of the registration would be $40 for four years with an initial application fee of $15. The Department estimates that 300 municipalities will elect to obtain the registration and 150 third-party independent inspection agencies will also register. Based upon these assumptions the Department revenues would increase by $24,750 or approximately $6,200 annualized. The 2009 Executive Budget Bill, AB75, includes 2 FTE positions to assist in the implementation of the electrical inspection program. The positions are to be funded by electrician licensing fees and the building inspection agency registration revenue of $6,200.
The proposed electrical inspection program for farms, public buildings and places of employment will affect all electrical contractors installing electrical wiring in and for such establishments as well the owners or tenants of these types of buildings and structures. The issuance of the permits will result in periodic construction inspections by enforcing municipal or independent building inspection agencies under contract with the Department. The cost of the permits and the resulting inspections will be determined by the respective enforcing municipal inspection agency or by the state contract procurement process when involving an independent building inspection agency. Many of the more populous municipalities in the state currently administer electrical permit and inspection programs. Municipal electrical permits and inspections are typically determined on the basis of a base fee plus a cost for each electrical opening which varies with the size and type of building and occupancy.
State fiscal effect
Increase existing revenues. An increase in costs may be possible to absorb within agency's budget.
Local government fiscal effect
Permissive increase in costs. Permissive increase in revenues.
Types of local governmental units affected
Towns, villages, cities, counties.
Fund sources affected
PRO.
Long-range fiscal implications
No long-range fiscal implications are anticipated.
Agency Contact Person
James Quast, Program Manager
(608) 266-9292
Notice of Hearing
Health Services
Management and Technology and Strategic Finance,
Chs.
DHS 1—
NOTICE IS HEREBY GIVEN that pursuant to ss.
46.286 (7) and
227.11 (2) (a), Stats., the Wisconsin Department of Health Services will hold a public hearing on a proposed rule to revise Chapter
DHS 10, relating to fair hearings and continuation of benefits pending the outcome of a grievance, department review, or fair hearing under the family care program.
Hearing Information
Date and Time
April 30, 2009
9:00 – 10:00 am
|
Location
Department of Health Services
1 W. Wilson Street
Room 518 B
Madison, Wisconsin
|
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English or have circumstances that might make communication at a hearing difficult; you require an interpreter or a non-English large print or taped version of the proposed rules, contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Submission of Written Comments
Written comments may be submitted at the public hearing or submitted to the contact person listed below. Comments may also be made using the Wisconsin Administrative Rule Website at
http://adminrules.wisconsin.gov.
The deadline for submitting comments to the Department is 4:30 p.m. on May 7, 2009.
Analysis Prepared by the Department of Health Services
Statute interpreted
Statutory authority
Explanation of agency authority
Section
46.286 (7), Stats., requires the Department to promulgate rules relating to the recovery of correctly or incorrectly paid Family Care Benefits. Section
227.11 (2) (a), Stats., permits the Department to promulgate rules of any statute interpreted or enforced by the Department, if the Department considers it necessary to effectuate the purpose of the statute.
Related statute or rule
Plain language analysis
Under this proposed order, the Department is providing an exception to the right to a fair hearing and continuation of services during a fair hearing, grievance, or Department review when Family Care benefits are reduced or terminated by an act or decision by the federal government or the state legislature and the individual whose benefits have been terminated or reduced does not dispute that he or she falls within the category of persons for whom the benefit was reduced or terminated.
The proposed exception was originally promulgated by the Department under an emergency order effective April 7, 2008, after eligibility of non-Medicaid individuals to receive Family Care benefits was rescinded under
2007 Act 20, and after the federal Centers for Medicare & Medicaid Services eliminated, for individuals who did not require non-nursing home level of care, home and community-based services.
Section
DHS 10.55, provides enrollees with a right to fair hearing when services are reduced or terminated, or eligibility is denied, and the option to continue services during an appeal. Persons who receive continuation of services are responsible to pay for the services if they lose on appeal.
Individuals whose benefits have been terminated or reduced under state or federal law or policy and who does not dispute that he or she falls within the category of persons for whom the benefit was reduced or terminated would lose the appeal and be responsible for paying the cost of any continued services they received. The cost could amount to thousands of dollars. The Department has determined that such situations may be detrimental to the welfare of the affected individuals and should be prevented.
Comparison with federal regulations
There are similar provisions in Medicaid rules at
42 CFR §431.220(b), which provides that the State Medicaid Agency “need not grant a hearing if the sole issue is a Federal or State law requiring an automatic change adversely affecting some or all recipients." And, at
42 CFR § 431.230(a)(1), which provides that individuals have a right to continuation of services pending the outcome of an appeal unless, “it is determined at the hearing that the sole issue is one of Federal or State law or policy."
Comparison with rules in adjacent states
Illinois:
Illinois does not have a program similar to Family Care.
Iowa:
Iowa does not have a program similar to Family Care.
Michigan:
Michigan does not have a program similar to Family Care.
Minnesota:
