Interested persons are invited to appear at the hearing and present comments on the proposed rules. 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
May 6, 2011, 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 James Quast, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.quast@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 Norma McReynolds, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email
norma.mcreynolds@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 the Department of Commerce
Statute(s) interpreted
Statutory authority
Explanation of agency authority
Chapter
101, Stats., authorizes the Department of Commerce to adopt reasonable and proper rules relative to the exercise of its powers and authorities, including the issuance and renewal of various credentials to businesses and individuals related to building construction and petroleum storage tanks. Chapter
145, Stats., grants the Department authority to promulgate rules governing plumbers and automatic fire sprinkler system installers.
Related statute or rule
None known.
Summary of proposed rules
For the most part the proposed rule revisions are non-substantive in nature; correcting or providing consistent format, eliminating irrelevant dates, updating referenced national standards to current editions; clarifying registration obligations; and revising terminology to reflect statutory changes (
2009 Wisconsin Act 291).
There are three substantive revisions:
• Establishing qualifying provisions for individuals applying to take the certification exam for automatic sprinkler fire sprinkler system testers. Applicants would be required to complete either level II NICET certification in the inspection and testing of water-based automatic fire sprinkler systems, or level I or II fire protection system contractor license issued by the Florida state fire marshal.
• Establishing 12 hours of continuing education obligations for automatic fire sprinkler system testers for the renewal of the certifications on and after January 1, 2014.
• Reducing the continuing education obligations for utility contractor license renewal from 12 hours to 6 hours.
Comparison with existing or proposed federal regulations
Relative to the substantive provisions of the proposed rules revisions, the federal government does not license plumbers or individuals who test automatic fire sprinkler systems.
Comparison with similar rules in adjacent states
An Internet based search relative to the proposed substantive revisions concerning automatic fire sprinkler system testers and utility contractors did not find any credentialing provisions for these specific categories in Illinois, Iowa, Michigan or Minnesota, although the states do have licensing provisions for automatic fire sprinkler systems and plumbing.
Summary of factual data and analytical methodologies
There are currently 101 individuals certified by the Department as automatic fire sprinkler system testers and 427 individuals licensed as utility contractors. The proposed revisions relating to automatic fire sprinkler testers and utility contractors were developed after evaluating their respective scope of activities performed under their credentials.
Analysis and supporting documents used to determine effect on small business or in preparation of an economic impact report
The proposed revisions relating to the automatic fire sprinkler testers were recommended by the Automatic Fire Sprinkler Contractor and Journeymen Licensing Council. Council members are responsible for bringing forth the concerns that their respective organizations may have with the requirements including economic impacts.
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.
E-mail notifications for revisions under chapter Comm 5 typically are sent to the subscription service subscribers who are affected by the changes. Notifications will be sent to subscribers who are interested in manufactured homes, welding, electrical, automatic fire sprinkler systems, plumbing and elevators. E-mail notifications would be sent to approximately 6,000 subscribers.
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.
Effect on Small Business
Initial regulatory flexibility analysis
1. Types of small businesses that will be affected by the rules.
The propose rules involve the licenses, certifications and registrations of individuals associated with various building construction components, activities or structures including manufactured homes, welding, automatic fire sprinkler systems, electrical construction wiring, plumbing, petroleum tanks, and elevators. The proposed rules do directly affect small businesses, but rather individuals who undertake specific activities.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
Other than establishing continuing education obligations for the renewal automatic fire sprinkler system tester registration, the proposed rules do not require any new or additional reporting, bookkeeping or other procedures for compliance.
3. Types of professional skills necessary for compliance with the rules.
The proposed rules do not require any new or additional skills for compliance.
4. 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 Analysis
Notice is hereby given that 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
For the most part the proposed rule revisions are non-substantive in nature; correcting or providing consistent format, eliminating irrelevant dates, updating referenced national standards to current editions; clarifying registration obligations; and revising terminology to reflect statutory changes such as
2009 Wisconsin Act 291. The proposed rules do not establish or revise any of the credentials fees under chapter Comm 5.
State fiscal effect
No state fiscal effect.
Fund sources affected
Pro.
Local fiscal effect
No local government costs.
Long-range fiscal implications
None.
Agency Contact Person
Notice of Hearing
Corrections
NOTICE IS HEREBY GIVEN that pursuant to section
227.11 (2), Stats., and interpreting sections
301.03 (2),
302.04, 302.07, 302.08 and 302.11 (2), Stats., the Department of Corrections will hold public hearings to consider a proposed permanent rule revising Chapters
DOC 302,
303,
303 Appendix,
304,
306,
308,
309,
310,
311,
313,
324 and
327, relating to discipline of inmates.
Hearing Information
Date and Time Location
April 28, 2011 Conference Room 116
Thursday State Office Building
at 10:00 A.M. 819 North 6th Street
Milwaukee, WI 53203
April 28, 2011 Department of Administration
Thursday Yahara Conference Room - First Floor
at 2:30 P.M. 101 East Wilson Street
Madison, WI 53703
The public hearing sites are accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact Kathryn Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, email
kathryn.anderson@wisconsin.gov, telephone (608) 240-5049 by April 20, 2011.
Appearances at the Hearing and Submittal of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Written comments on the proposed rule will be accepted into the record and receive the same consideration as testimony presented at the hearing if they are received by Friday,
May 6, 2011. Written comments should be addressed to: Kathryn R. Anderson, DOC, P.O. Box 7925, Madison, WI 53707-7925, or by email
kathryn.anderson@wisconsin.gov.
Analysis Prepared by Department of Corrections
Statute(s) interpreted
Statutory authority
Explanation of agency authority
The Department of Corrections is responsible for the supervision of all inmates, including their discipline for violations of institution and department regulations.
Related statute or rule
Chapters
DOC 302,
304,
306,
308,
309,
310,
311,
313,
314,
316,
324,
325,
326, and
327, relating to the supervision of inmates.
Plain language analysis
1. Reorganizes and updates the rule chapter.
2. Repeals the following definitions: administrative committee, bodily injury, consent, disruptive conduct, fight, inmate gang, public, riot, staff, and steals.
3. Amends the following definitions: authorized, case record, communicate, contraband, gambling, intoxicating substance, possession, and sexual contact.
4. Creates the following definitions: bodily harm, body specimen, close family member, corporal punishment, department policy, disciplinary committee, disciplinary separation, disturbance, employee, great bodily harm, member of a household, personally identifiable information, record, security threat group, serious mental illness, stalking, substantial bodily harm, substantial involvement, suffer serious emotional distress, targeted person, and victim.
5. Moves definitions which were in the body of the rule into the definition section: contraband, evidence, and gambles.
6. Repeals the following offenses: battery, fighting, inciting a riot, participating in a riot, arson, causing an explosion or fire, creating a hazard, and violation of institution policies and procedures.
7. Creates the following offenses: assault, aggravated assault, assault on staff, sexual contact or intercourse, sexual assault, sexual assault aggravated, stalking, endangering safety, inciting a disturbance, participating in a disturbance, taking a hostage, possession of tobacco, and possession of electronic communication or data storage devices.
8. Modifies the table of automatic major offenses to reflect changes in practice and technologies.
9. Modifies the schedule of penalties to allow more flexibility and use of disciplinary segregation in place of adjustment segregation.
10. Requires the retention of property until a final decision is made on a complaint.
11. Modifies the current rule to allow Temporary Lock up (TLU) to await placement in appropriate security level.
12. Changes battery and fighting to assault, aggravated assault and assault on staff to increase consistency in application of the rule and ensure decision makers have accurate information about dynamics of the offense.
