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 Norma Sampson, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email
norma.sampson@wisconsin.gov, or at telephone (608) 267-7907 or TDD Relay dial 711 in Wisconsin or (800) 947-3529. Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statutes or rules
Chapters
Comm 61 to
66, Wisconsin Commercial Building Code.
Explanation of agency authority
Under
2009 Wisconsin Act 16, s.
101.136, Stats., on July 1, 2011, only individuals licensed as insulation mechanics or working under the direct supervision of licensed insulation mechanics may install or maintain thermal system insulation. The proposed rules implement the licensing mandates of Act 16. Thermal insulation is statutorily defined as a product that is used in a heating, ventilating, cooling, plumbing or refrigeration system to insulate any hot or cold surface, including a pipe, duct valve, boiler flue, or tank or equipment on or in a building.
Summary of proposed rules
The proposed rules establish administrative procedures for licensing and registration of individuals who install or maintain thermal insulation for heating, ventilating, cooling, plumbing or refrigeration systems. The proposed rules reflect the statutory provisions of s.
101.136, Stats. The rules create credentials for thermal insulation mechanics, apprentices and helpers. The rules allow acquisition of the insulation mechanic license by completing an apprenticeship or taking and passing a department licensure exam provided the individual has 1,000 hours per year of experience for at least 4 consecutive years. The rules also include a grandfathering provision to obtain the mechanic's license that would sunset on July 1, 2015. Continuing education obligations are proposed in order to renew the mechanics license.
The proposed rules also establish administrative forfeiture schedule for individuals who violate the credentialing provisions of the law or the rules.
Comparison with federal regulations
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding the licensing of thermal insulators.
Comparison with rules in adjacent states
An Internet-based search of thermal insulation mechanic licenses in the states of Illinois, Iowa, Michigan and Minnesota found that none of the states have specific rules or programs regarding these types of licenses.
Summary of factual data and analytical methodologies
The proposed rules were developed by reviewing the provisions under
2009 Wisconsin Act 16 in conjunction with the current licensing rules relating to businesses under ch.
Comm 5.
Analysis and supporting documents used to determine effect on small business
The proposed credential rules implement the licensing mandates of
2009 Wisconsin Act 16. The rules most likely will affect HVAC contractors, plumbing contractors and mechanical refrigeration contractors. The fee for a thermal insulation mechanic's license is proposed at $500. The fee for the registration of apprentices and helpers is proposed at $15. The department estimates that 500 individuals will seek to acquire the mechanic's license and 250 individuals will seek to obtain the apprentice or helper registration. The mechanic's license, helper's registration and apprentice's registration are each valid for 2 years. The credential fees were established to offset the cost of the thermal insulation inspector position created under 2009 Wisconsin Act. 16.
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 rules.
Under
2009 Wisconsin Act 16, s.
101.136, Stats., on July 1, 2011 and the proposed rules only individuals licensed as insulation mechanics or working under the direct supervision of licensed insulation mechanics may install or maintain thermal system insulation. Thermal insulation is statutorily defined as a product that is used in a heating, ventilating, cooling, plumbing or refrigeration system to insulate any hot or cold surface, including a pipe, duct valve, boiler flue, or tank or equipment on or in a building. The credential rules would most likely affect HVAC contractors, plumbing contractors, and mechanical refrigeration contractors.
Reporting, bookkeeping and other procedures required for compliance with the rules.
The rules which reflect Act 16 allow acquisition of insulation mechanic license by completing an apprenticeship or taking and passing a department licensure exam provided the individual has 1,000 hours per year of experience for at least 4 consecutive years.
The renewal of thermal insulation mechanic licenses will continue to be contingent upon the fulfillment of continuing education obligations.
Types of professional skills necessary for compliance with the rules.
No other types of professional skills are necessary for compliance with the rules.
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
Assumptions used in arriving at fiscal estimate
The proposed rules establish administrative procedures for licensing and registration of individuals who install or maintain thermal insulation for heating, ventilating, cooling, plumbing or refrigeration systems. The proposed rules reflect the statutory provisions of
2009 Wisconsin Act 16, s.
101.136, Stats. The Act requires credentialed individuals to perform thermal insulation work as of July 1, 2011. The rules create credentials for thermal insulation mechanics, apprentices and helpers. The department anticipates that workload associated with the credentialing processes can be absorbed within current resources and staff levels.
The credential rules would most likely affect HVAC contractors, plumbing contractors, and mechanical refrigeration contractors. The fee for a thermal insulation mechanic's license is proposed at $500 which reflects statutory provisions. The fee for the registration of apprentices and helpers is proposed at $15. The department estimates that 500 individuals will seek to acquire the mechanic's license and 250 individuals will seek to obtain the apprentice or helper registration. The mechanic's license and helper's registration is valid for 2 years and the apprentice's registration is valid for one year. Based upon these assumptions the department would realize an annual increase in revenue of $126,875. The credential fees were established to offset the cost of the thermal insulation inspector position created under 2009 Wisconsin Act. 16.
State fiscal effect
Increase existing revenues.
Increased costs may be possible to absorb with agency's budget.
Fund sources affected
PRO.
Local government fiscal effect
None.
Long-range fiscal implications
No long-range fiscal implications are anticipated.
Agency Contact Person
James Quast, Program Manager
Phone: (608) 266-9292
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.63 (1),
101.73 (1),
101.82 (1), Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapters
Comm 21 and
28, relating to the carbon monoxide alarms in one- and 2-family dwellings and affecting small business.
Hearing Information
The public hearing will be held as follows:
Date: August 11, 2010
Time: 10:00 AM
Location: Thompson Commerce Building
Conference Room 3B
201 W. Washington Avenue
Madison, Wisconsin
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 before 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.
Submittal of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rule. 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
August 18, 2010, 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 Larry Swaziek, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
larry.swaziek@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 Larry Swaziek, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
larry.swaziek@wisconsin.gov, or at telephone (608) 267-7701 or (608) 264-8777 (TTY). Copies also will be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Related statute or rule
Chapters
Comm 61 to
66, Commercial Building Code, Wis. Adm. Code
Explanation of agency authority
Under the statutes cited, the Department of Commerce protects public health, safety, and welfare by adopting rules that establish uniform, statewide standards for the construction of one- and 2-family dwellings. In addition,
2009 Wisconsin Act 158 specifically directs the department to address carbon monoxide alarms involving these types of buildings.
Summary of proposed rules
The proposed rules establish minimum requirements for the installation and maintenance of carbon monoxide alarms in one- and two-family dwellings. The requirements reflect the statutory mandates of
2009 Wisconsin Act 158.
The rules would require the following:
•
Carbon monoxide alarms shall be installed in a dwelling, the initial construction of which was commenced before, on or after February 1, 2011.
•
In new dwellings with electrical service, the carbon monoxide alarms shall be continuously powered by the house electrical service and interconnected so that activation of one alarm will cause activation of all alarms.
•
The alarms are listed and labeled in conformance with UL 2034, Underwriters Laboratories Inc, Standard for Safety Single and Multiple Station Carbon Monoxide Alarms.
Comparison with federal regulations
An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register did not identify any federal requirements for the installation and maintenance of carbon monoxide alarms in one- and two-family dwellings.
Comparison with rules in adjacent states
