An Internet-based search of the four adjacent states found the following regulations that include similar requirements relating to public buildings and places of employment:
Illinois:
Illinois does not administer a statewide building code.
Iowa:
The Iowa Department of Public Safety administers the Iowa State Building Code. Effective January 1, 2010, the department adopted the 2009 editions of the IBC, IMC, IEBC and IECC with Iowa amendments.
Michigan:
The Michigan Department of Labor and Economic Growth administers the Michigan construction codes, which adopt by reference the 2006 editions of the IBC, IMC and IEBC with amendments. The 2009 Michigan Building, Residential, and Rehabilitation Code for Existing Buildings review process is in progress.
Minnesota:
The Minnesota Department of Labor and Industry administers the Minnesota State Building Code, which adopted the 2006 editions of the IBC, IFGC and IMC.
Summary of factual data and analytical methodologies
The primary methodology for updating the Wisconsin Commercial Building Code, chapters Comm 61 to 66, has been a review and assessment of the latest editions of the national model codes that serve as the basis for the Wisconsin code. The department's review and assessment process involved the participation and support of 10 advisory councils. The members of the councils represent many stakeholders involved in the building industry, including designers, contractors, developers, regulators, labor, the fire service and the public. (A listing of the councils and the current members is provided at the end of this analysis.)
The department believes that the national model codes reflect current societal values with respect to protecting public health, safety and welfare in the design, construction, use, operation and maintenance of commercial buildings that serve as public buildings and places of employment. The model code organization – International Code Council, ICC – uses a process open to all parties to develop its codes. More information, including background information in the development of the 2009 model code editions, may be found at the ICC web site, http://www.iccsafe.org.
The review and assessment process for the Commercial Building Code involved an examination of the revisions in the 2009 editions of the IBC, IECC, IMC, IFGC and IEBC. The assessment included the evaluation of the current rules under chapters Comm 61 to 66 that modified these ICC codes. Working with the 10 advisory councils, the department determines if the various technical requirements in the 2009 model codes are reasonable for addressing potential risks or concerns and promoting the public health, safety and welfare. Such determinations are made based upon experience, forecasts, intuition or projection.
Analysis and supporting documents used to determine effect on small business
The department used 10 advisory code councils to analyze and develop the proposed revisions to the Commercial Building Code. The councils involve a variety of organizations whose memberships include many types of small businesses. The department uses these councils to gather information on potential impacts in complying with the technical and administrative requirements of the codes. Council members are responsible for bringing forth the concerns that their respective organizations may have with the requirements including economic impacts. (Copies of the council meetings summaries are available on the Safety and Building Division web site, http://www.commerce. state.wi.us/SB/SB-CodeCouncilsComBldgSum.html.)
The department also offers an e-mail subscription service to anyone who is interested in rule development and/or council activities. The service provides e-mail notification of council meetings, meeting agendas and council meeting progress reports. Currently, there are about 2,000 subscriptions for information pertaining to the commercial building program.
The department believes the rules will not increase the effect on small businesses from what the current rules impose on them. An economic impact report is not required pursuant to section 227.137, Stats.
Small Business Impact
Summary
The requirements of the Commercial Building Code impact all businesses, regardless of size, that use public buildings and places of employment in Wisconsin. The codes impact a variety of businesses, including small businesses, particularly those businesses that design, build, or maintain commercial buildings; provide or produce building materials or components; own commercial buildings; or occupy commercial buildings. It is indeterminable how many small businesses may be impacted by the rules in some manner.
The potential effects of the codes occur on two basic levels, administrative and technical. The codes dictate certain administrative procedural requirements that are to be followed to acquire various approvals. For the most part, the codes establish numerous technical standards that are to be adhered to when designing, constructing, using, operating or maintaining a commercial building to protect public health, safety and welfare.
The proposed rule revisions do not substantially modify the current administrative requirements of the Commercial Building Code. Therefore, this type of impact on small businesses will not substantially change.
How the code's technical standards may impact small businesses is dependent upon many variables. The proposed revisions for the Commercial Building Code do not apply retroactively to existing buildings. The proposed revisions would apply when a new building or modification to an existing building is proposed. The various advisory councils did not identify major economic concerns for updating the Commercial Building Code to the latest ICC codes as amended in this proposal.
Regarding s. 227.115, Stats., the department believes the proposed rule changes for the Commercial Building Code will not directly or substantially affect the development, construction, cost or availability of housing.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
The proposed rules will affect any business involved with the ownership, design, construction, maintenance and inspection of public buildings, including multifamily dwellings, and places of employment.
Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no additional reporting, bookkeeping or other procedures required for compliance with the rules.
Types of professional skills necessary for compliance with the rules.
There are no additional professional skills 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 prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:
Department of Commerce
P.O. Box 2689
Madison, Wisconsin 53701
Phone: (608) 266-8741 or TTY (608) 264-8777
Written comments will be accepted until October 18, 2010.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The proposed rules adopt by reference the 2009 editions of the International Code Council® (ICC) suite of building codes – the International Building Code® (IBC), the International Energy Conservation Code® (IECC), International Existing Buildings Code® (IEBC), the International Fuel Gas Code® (IFGC) and the International Mechanical Code® (IMC) — and makes Wisconsin modifications to these codes within the Wisconsin Commercial Building Code (WCBC). The promulgation of these rules will affect businesses involved in the design, construction, maintenance and inspection of public buildings and places of employment, including commercial buildings and structures and multifamily dwellings.
The proposed rules require plan review for buildings >25,000 sq. ft and < 50,000 sq. ft. This will impact about 170 projects annually, and will result in an estimated annual revenue increase of $78,500. Currently, these projects pay $25 for a building project registration and $25 for the registration of building components. Under the proposed rules change, individual projects will pay a building plan review fee of $400 to $450, including an $100 plan entry fee, and in some cases, an additional fee for component plan review such as $180 to $200 for HVAC plan review and $60 to $100 for fire system plan review.
By expanding the types of occupancies for plan review of fire protection systems, the department estimates that annual submittals will increase by 629 plans. Fees for fire protection systems plans ran from $30 to $7,100 and vary depending on the size of the structure and if the structure is located in a municipality that is delegated to conduct fire protection system inspection. That department estimates that it would realize about $193,600 in revenue annually.
The department anticipates that the workload associated with requiring plan review for buildings >25,000 sq. ft. and <50,000 sq. ft and the expanded plan review of fire protection systems can be managed with current information technology and within current staff levels.
State fiscal effect
Increase existing revenues.
Local government fiscal effect
None.
Fund sources affected
FED.
Long-range fiscal implications
None are anticipated.
Agency Contact
Jim Smith, Program Manager
Phone: (608) 266-0251
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss. 227.11 (2), 440.03 (1), 440.03 (1m), 444.01, 444.02, 444.03, 444.04, 444.035, 444.06, 444.09, 444.095, 444.10, 444.11, 444.12, 444.13, 444.14, 444.15 and 444.18, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an emergency rule and a proposed rule to revise Chapters RL 112 to 116, relating to the regulation of professional boxing contests.
Hearing Information
Date:   September 20, 2010
Time:   9:30 a.m.
Location:   1400 East Washington Avenue
  (Enter at 55 North Dickinson Street)
  Room 121A
  Madison, Wisconsin
Appearance at Hearing and Submittal 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 Shawn Leatherwood, Department of Regulation and Licensing, Division of Board Services, 1400 E. Washington Ave., Room 152, P.O. Box 8935, Madison, WI 53708-8935, or by email to shawn.leatherwood@ wisconsin.gov.. Written comments must be received by September 27, 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 Shawn Leatherwood, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708, or by email at shawn.leatherwood@wisconsin.gov.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Ch. 444, Stats., and 2009 Wisconsin Act 111.
Statutory authority
Explanation of agency authority
The Department of Regulation and Licensing is granted authority under s. 444.02 (1), Stats., and 2009 Wisconsin Act 111, to manage and control professional boxing contests in Wisconsin.
Related statute or rule
There are no other statutes or rules other than those listed above.
Plain language analysis
This proposed rule-making order makes changes to chs. RL 110 to 116, relating to the regulation of boxing. The proposed rules contain definitions, application and permit requirements, officials' duties at events, medical requirements, grounds for disciplinary action, and mandatory drug testing.
SECTION 1 repeals and recreates the following provisions:
Definitions for the terms “anabolic steroid," “bout," “boxer," “cause," “contest," “knock-out," “permit," “professional," “professional club," “second," “technical knock-out," “10-point must scoring system." Bond requirements for promoters and clubs. Compliance with federal law by promoters and clubs. Application requirements for initial registrations for promoters, clubs, managers, matchmakers, judges, referees, trainers, timekeepers.
SECTION 2 creates the following provisions:
Application requirements for seconds. Requirements for renewal of registration for promoters, clubs, managers, matchmakers, judges, referees, trainers, timekeepers, ringside physicians, and seconds. Application requirements for permits to conduct boxing events. Effect of permits to conduct boxing events once issued. Grounds for canceling a professional boxing event.
SECTION 3 repeals and recreates the following provisions:
Duties of promoters and clubs that have been issued a permit to conduct a professional boxing event. Duties of inspectors, judges, referees, ringside physicians and timekeepers assigned by the department to conduct professional boxing events. Pay schedule for officials assigned to conduct professional boxing events.
SECTION 4 amends the following provision: The title of Ch. RL 112.
SECTION 5 repeals s. RL 112.005.
SECTION 6 amends s. RL 112.01 (intro).
SECTION 7 amends s. RL 112.03 (1).
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