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Section
254.85 (1), and
(2), Stats., authorizes DHS to enter the premises of lodging establishments to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographic or other evidence needed for enforcement of rules or statutes, and to issue orders to protect the public health safety and welfare.
Related statute or rule
Plain language analysis
Lodging establishments (hotels, tourist rooming houses, and bed and breakfast establishments) are required under s.
101.149 (2) and
(3), Stats., to install and maintain carbon monoxide detectors in every residential building that has a fuel-burning appliance, unless, pursuant to s.
101.149 (5), Stats., the building does not have an attached garage and all fuel-burning appliances in the building have sealed combustion units that are either covered by the manufacturer's warranty against defects or are inspected as provided under rules promulgated by DHS under s.
254.74 (1) (am), Stats. Under s.
254.74 (1g), Stats., DHS is required to inspect lodging establishments to ensure compliance with s.
101.149 (2) and
(3), Stats. Under s.
254.74 (1) (am), Stats, DHS is required to promulgate rules, in consultation with DHS of commerce, under which it shall conduct regular inspections of sealed combustion units for carbon monoxide emissions, except when a sealed combustion unit is covered by a manufacturer's warranty against defects, and rules that specify the conditions under which it may issue orders to correct violations of s.
101.149 (2) or
(3), Stats.
Pursuant to ss.
101.01 (15),
101.63 (1), and
101.149 (6) (b), the department of commerce promulgated Comm 21.097 and 62.1200 (2), which limit the s.
101.149 (5), Stats., exception by requiring lodging establishments to install carbon monoxide detectors without exception in all new residential buildings constructed on or after October 1, 2008, according to specifications set out in the rules.
DHS's proposed rules require lodging establishments to comply with the carbon monoxide detector installation and maintenance requirements of s.
101.149 (2) and
(3), Stats., and s. Comm. 21.097 and 62.1200 (2). Consistent with ss. Comm. 21.097 and 62.1200 (2), the rules require installation of carbon monoxide detectors without exception in all new residential buildings constructed on or after October 1, 2008. With respect to any residential building for which construction was initiated or the plans were submitted to the department of commerce before October 1, 2008, and in which the operator has not installed a carbon monoxide detector, pursuant to the exception under s.
101.149 (5), Stats., the rules require the operator to arrange for the annual professional inspection of each fuel-burning appliance, which is not under warranty, including its vents and chimneys, for carbon monoxide emissions.
The rules require DHS to conduct regular inspections of lodging establishments to ensure compliance with the requirements for the installation and maintenance of carbon monoxide detectors. The rules prescribe the procedures under which DHS may issue orders to an establishment to correct a violation of the installation and maintenance requirements under s.
101.149 (2) and
(3), Stats. The rules also require DHS to conduct regular inspections of facilities to ensure compliance with the requirement that sealed combustion appliances be inspected for carbon monoxide emissions in residential buildings where carbon monoxide detectors have not been installed pursuant to the exception under s.
101.149 (5), Stats. If DHS determines upon inspection that a sealed combustion unit has not been inspected as required, DHS will order the establishment to have an inspection conducted within 30 days of the order. If the establishment fails to conduct the inspection, DHS will arrange for the inspection by an agent qualified to conduct the inspection. The costs of the DHS agent's inspection would be paid by the facility.
Comparison with federal regulation
An internet-based search of the code of federal regulations and the federal register did not identify any federal requirements for the installation and maintenance of carbon monoxide detectors in residential buildings.
Comparison with rules in adjacent states
Illinois:
Illinois under Public Act 094-0741, the Carbon Monoxide Alarm Detector Act, has required the installation of carbon monoxide detectors in all occupancies and structures which have sleeping rooms since January 1, 2007.
Iowa:
Iowa requires the installation of carbon monoxide detectors in foster care facilities.
Michigan:
Michigan has not enacted a state-wide carbon monoxide detector regulation; however, the City of Pontiac has implemented a rule requiring carbon monoxide detectors in dwelling units and rental units, which has been phased in since 2004.
Minnesota:
Minnesota statute, 299F.50, requires carbon monoxide detectors in newly-constructed single family homes and multifamily apartments units beginning 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 DHS reviewed the language of
2007 Act 205 in relation to the specific circumstances presented by the facilities DHS regulates. DHS consulted with the department of commerce and industry representatives from the Association of Plumbing, Heating, and Cooling Contractors, and obtained considerable information from carbon monoxide alarm manufacturers and the Wisconsin Innkeepers Association. DHS used the following data sources for its analysis:
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Criteria adopted by DHS and approved by the Wisconsin Small Business Regulatory Review Board to determine whether DHS's proposed rules would have a significant economic impact on a substantial number of small businesses. Pursuant to DHS's criteria, a proposed rule would have a significant economic impact on a substantial number of small businesses if at least 10% of the businesses affected by the proposed rules are small businesses and if operating expenditures, including annualized capital expenditures, increase by more than the prior year's consumer price index or revenues are reduced by more than the prior year's consumer price index. For the purposes of this rulemaking, 2008 is the index year. The consumer price index is compiled by the U.S. Department of Labor, Bureau of Labor Statistics and for 2008 is 3.8 percent.
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The 2002 Economic Census – Geographic Series (Wisconsin), which is compiled by the U.S. Census Bureau every 5 years for each year ending in “2" and “7" and contains the latest available economic data compiled on businesses located in Wisconsin. (The U.S. Census Bureau's data release schedule for the 2007 Economic Census – Geographic Series is November 2009-July 2010.) The data includes the annual sales reported by Wisconsin businesses classified as hotels and motels, "all other traveler accommodations," which would include tourist rooming houses, and bed and breakfast establishments. It should be noted, however, that the number of businesses reporting in each category is much lower than the actual number of facilities DHS regulated in 2009.
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Information relating to carbon monoxide or carbon monoxide detectors published by the following agencies:
Analysis and supporting documents used to determine effect on small business
DHS reviewed the statutory requirements and analyzed the costs to DHS to conduct inspections and the costs to lodging establishments to conduct inspections. To determine the costs of the rule to lodging establishments for inspections of fuel burning appliances, DHS gathered cost information from HVAC service companies. The cost information collected ranges between $150-$200 per inspection, not including travel time or the additional cost if more than one unit needs inspection. DHS used the high end of that range, the sales data from 2002 Economic Census-Wisconsin Geographic Services, and the 2008 CPI data from the U.S. Department of Labor, Bureau of Labor Statistics, to estimate the annualized cost for the inspections, per establishment.
In addition, DHS accessed federal agency websites for information on carbon monoxide detectors and carbon monoxide poisoning. DHS also reviewed rules of the department of commerce, which has broad authority to protect public health, safety, and welfare by promulgating comprehensive requirements for design, construction, use and maintenance of public buildings and places of employment. DHS adopted language from the department of commerce rules to aid in consistency and continuity for the lodging industry, which is regulated by DHS and the department of commerce.
Small Business Impact
The proposed rules do not include responsibilities for facilities different from those under s.
101.149, Stats., except to require the installation of carbon monoxide detectors in new buildings, as required under ss. Comm. 21.095 and 62.1200, and to require lodging establishments that have not installed carbon monoxide detectors in residential buildings constructed or approved by the department of commerce before October 1, 2008, which have sealed combustion fuel burning appliances and no attached garages, to arrange for annual professional inspections of the fuel burning appliances, vents and chimneys, which are not under warranty. If DHS determines upon inspection that a sealed combustion unit has not been inspected as required, DHS will order the establishment to conduct an inspection within 30 days of the order. If the establishment fails to conduct the inspection, DHS will arrange for the inspection by an agent qualified to conduct the inspection. The costs of the DHS agent's inspection would be paid by the facility at an approximate minimum cost range of $150 - $200, not including travel time or the additional cost if more than one unit needs inspection.
Lodging establishments would not be affected financially by the requirement to conduct inspections of sealed combustion appliances for carbon monoxide emissions with respect to residential buildings constructed on or after October 1, 2008 because under ss Comm 62.1200 and 21.097, residential buildings constructed for lodging establishments on or after October 1, 2008, must, without exception, install and maintain interconnected hard-wired carbon monoxide detectors that have battery secondary power supplies.
DHS regulates hotels, motels, and tourist rooming houses under ch.
DHS 195 and bed and breakfast establishments under ch.
DHS 197. The lodging establishments regulated by DHS range in size from large hotels owned by national or multinational corporations to single tourist rooming houses that are owned by families or individuals and bed and breakfast establishments that are the owners' personal residences. Upon reviewing the U.S. Census – North American Industry Classification System (NAICS) accommodations industry information, and applying DHS's criteria for determining the economic impact on small businesses, DHS has concluded that a substantial number of businesses, or at least 10% of the businesses that would be affected by the proposed rules, are “small businesses" as defined under s.
227.114, Stats. However, DHS has determined that the rules would not have a significant economic impact on small businesses because per establishment operating expenditures are not increased, nor are revenues reduced, more than the 2008 CPI of 3.8%.
Hotels and motels (NAICS industry code 72111) are reported by the 2002 Economic Census as including 1,070 establishments with annual sales of $1,154,024,000; an average of $1,078,000 in sales per establishment. Based on a cost of $200 for an inspection, the estimated annual aggregate cost to hotels and motels under the rule is $214,000, or .02% of annual sales per establishment. Annual costs for individual establishments may vary depending on a number of factors including number of fuel burning appliances to be inspected, the inspector's travel time, and the region of the state.
Tourist rooming houses (or "all other traveler accommodation" under NAICS industry code 721199) are reported by the 2002 Economic Census as including 55 establishments. The 2002 Economic Census does not present annual sales data for this classification. Therefore, DHS cannot estimate the economic impact on these establishments of the requirement to inspect fuel burning appliances for carbon monoxide emissions. Annual costs for individual establishments may vary depending on a number of factors including number of fuel burning appliances to be inspected, the inspector's travel time, and the region of the state.
Bed and breakfast establishments (or bed and breakfast inns under NAICS industry code 721191) are reported by the 2002 Economic Census as including 81 establishments with annual sales of $16,171,000; an average of $199,642 per establishment. Based on a cost of $200 for an inspection, the estimated annual minimum aggregate cost to bed and breakfast establishments under the rule is $16,200, or .1% of annual sales per establishment. Annual costs for individual establishments may vary depending on a number of factors including number of fuel burning appliances to be inspected, the inspector's travel time, and the region of the state.
While the DHS has attempted to provide information on the approximate costs to businesses regulated under ch.
DHS 195 and
197, the cost imposed upon all these businesses is difficult to determine. As noted above, the 2002 Economic Census does not include all the establishments DHS regulates under DHS chs.
195 and
197. Moreover, DHS does not have any data on the number of hotels, motels, tourist rooming houses, and bed and breakfast establishments that have not installed carbon monoxide detectors or the number of sealed combustion appliances for which inspections would be required.
It may be less costly in the long-run, and safer, for an establishment to install and carbon monoxide detectors as specified under s.
101.149 (2) and
(3), Stats. Carbon monoxide is known as a “senseless killer," because it is a colorless, odorless gas that can cause sudden poisoning, which is often difficult to diagnose since the symptoms (shortness of breath, nausea, headaches, and dizziness
) frequently mimic illnesses such as food poisoning or the flu. According to the Environmental Protection Agency, hundreds of people die from accidental carbon monoxide poisoning each year, and a majority of these deaths are caused by malfunctioning or improperly used fuel-burning appliances. The best way to avoid carbon monoxide poisoning is through prevention techniques. A battery operated and plug in type of carbon monoxide detector costs on average $20 - $50. Carbon monoxide detectors, which generally have warranties that are good for at least 5 years, are a cost effective way to protect the safety of individuals in hotels, motels, tourist rooming houses and bed and breakfast establishments.
CHART — DETAILING THE COSTS
Cost to Lodging Establishment for Inspections of Sealed
Combustion Units
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Average cost for an inspection of a sealed combustion unit is $150-$200, not including transportation. Costs may vary due to the number of units that may need inspection and the region of the state.
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Cost to Lodging Establishment to Install Carbon Monoxide Alarms
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Retail price of a single Kidde battery only carbon monoxide alarm (Kidde mdl#21006672) is $19.97. The cost of a single AC/DC Kidde carbon monoxide alarm (Kidde mdl#21006927) is $29.97.
The cost of a single Plug-in digital carbon monoxide alarm complete with a 9-volt backup (Kidde mdl#KN-COPP-3) is $49.87. The average warranty for a battery-operated or plug-in detector is 5 years. Batteries would need to be replaced every 6 months to one year.
Retail price for a single hard-wired (120 volt) carbon monoxide alarm with a 9-volt battery backup (Kidde Mdl#21006406) is $29.97. Installation and wiring would cost about $200, or more depending upon the number of detectors and retrofitting. A single hard-wired (120 volt) 3-pin wire plug adapter (FA CO5120BN) costs $30.00, and installation and wiring would cost $500 or more depending upon the numbers of detectors and retrofitting. Prices at wholesale and competing brands may be lower. First Alert manufactures the “OneLink" wireless Carbon Monoxide/smoke Alarm system. In this
system, one alarm activates a series of carbon monoxide/smoke detectors (up to 18 detectors). Each alarm (SC0501CN-3ST) costs $90. The cost of installation by an electrical contractor could range from $500-$2,000 depending on the size and design of the building, the number of sleeping rooms and floors, and the location and number of fuel burning appliances.
Another type of device is a combined carbon monoxide and smoke alarm with an A/C voice alert and a 9-volt battery. The cost of a single combination detector (Kidde mdl#KN-COSM-IB) is $48.96.
Prices at wholesale may be lower. Prices may vary among competing brands. DHS is not endorsing any particular brand of carbon monoxide detectors.
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Small Business Regulatory Coordinator
Rosie Greer
Phone: 608-266-1279
Fiscal Estimate
Summary
The proposed rules require the Department to regularly conduct inspections of lodging establishments to ensure compliance with s.
101.149 (2) and
(3), Stats. Inspections are not required if facilities install and maintain carbon monoxide detectors under s.
101.149 (2) and
(3), Stats. The inspections are also not required if the sealed combustion units are under manufacturer's warranty against defects. Costs to the Department under the proposed rules would include the cost to prepare, review and solicit bids for HVAC Qualifiers, individuals qualified to conduct inspections of fuel burning appliances, vents, and chimneys. DHS will add the inspection of lodging establishments for compliance with these rules as part of its regular inspection program. The costs of this additional workload can be absorbed by the Department.
The proposed rules do not include responsibilities for facilities different from those under s.
101.149, Stats., except to require lodging establishments with fuel burning appliances that are constructed before October 1, 2008, to arrange for annual professional inspections of the establishment's fuel burning appliances, vents and chimneys. If an establishment is determined not to have had the required inspection, the Department will order the establishment to conduct an inspection within 30 days of the order. If the inspection does not occur within 30 days then DHS will arrange for the inspection by an agent qualified to conduct the inspection. The costs of the DHS-ordered agent inspection would be paid by the facility. The costs to an establishment for an annual inspection conducted by a HVAC qualifier would be at the approximate minimum cost range of $150 - $200, not including transportation and would be dependent on the number of units needing inspection.
Establishments constructed after October 1, 2008, would not be affected by the rules because under Comm 62.1200 hotels, motels, and tourist rooming houses, and under s.
Comm 21.097, bed and breakfast establishments constructed on or after October 1, 2008, where fuel burning appliances are installed must, without exception, install and maintain interconnected hard-wired carbon monoxide detectors that have battery secondary power supplies.
A copy of the full fiscal estimate may be obtained from the department's contact person listed below upon request.
State fiscal effect
Indeterminate. Increase costs — may be possible to absorb within agency's budget.
Local government fiscal effect
None.
Private sector fiscal effect
Indeterminate. Increase costs — will not have significant economic impact on a substantial number of small businesses.
Long-range fiscal implications
None known.
Agency Contact Person
James Kaplanek
Bureau of Environmental and Occupational Health
Phone: 608-261-8361
Notice of Hearing
Marriage and Family Therapy, Professional Counseling and Social Work Examining Board
NOTICE IS HEREBY GIVEN that pursuant to authority in ss.
15.08 (5) (b),
227.11 (2) and
457.033, Stats., the Marriage and Family Therapy, Professional Counseling and Social Work Examining Board will hold a public hearing at the time and place indicated below to consider an order to revise section
MPSW 1.11, relating to psychometric testing.
Hearing Information
Date: April 13, 2010
Time: 9:30 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
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, 1400 East Washington Avenue, Room 152, P.O. Box 8935, Madison, Wisconsin 53708-8935, or by email to
pamela.haack@wisconsin.gov. Written comments must be received by
April 16, 2010, 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, Division of Board Services, 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
The Marriage and Family Therapy, Professional Counseling and Social Work Examining Board and the Psychology Examining Board are authorized to jointly promulgate rules that specify the different levels of psychometric testing that an individual who is certified or licensed under this chapter is qualified to perform.
Related statute or rule
There are no other statutes or rules other than those listed above.
Plain language analysis
