Both
28 CFR 35 and
28 CFR 36 require public buildings and commercial facilities – including government-owned and - operated buildings and facilities – be designed, constructed and altered in compliance with the accessibility construction regulations specified under the federal Americans with Disabilities Act Accessibility Guidelines (ADAAG). The purpose of
24 CFR 40 and
24 CFR 41 is to provide technical guidance on the design and construction of dwelling units as required by the federal Fair Housing Amendments Act of 1988.
The intent of the IBC and the amendments included under Chapter
Comm 62 is to ensure the Wisconsin construction requirements related to accessibility are equivalent to these applicable federal laws and regulations.
•
Federal Register – Proposed federal regulations and amendments to established federal regulations for accessibility are found in the following issues of the Federal Register:
1.
October 24, 2008 – Design and Construction Requirements; Compliance with ANSI A117.1 (2003) Standards.
2. August 5, 2005 – ADAAG; Corrections.
3. December 7, 2009 – Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities.
4. March 23, 2007 – ADAAG Supplementary Material.
5. November 23, 2005 – ADAAG Public Rights-of-Way.
6. April 17, 2006 – Multifamily Building Conformance with the Fair Housing Accessibility Guidelines: Improving the Methodology.
The ICC is actively monitoring the proposed changes to the federal standards affecting accessibility and will include these changes in future editions of the IBC and the corresponding ICC/ANSI A117.1–Accessible and Usable Buildings and Facilities Standard.
Comparison with Rules in Adjacent States
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 with the exception of the 2009 International Energy Conservation Code, as of May 2011. There is no information to indicate their intentions associated with the 2012 edition.
•
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. The proposed State Building Code also adopted by reference the National Electrical Code, and the State Plumbing Code, adopted by the Iowa Department of Public Health. There is no information to indicate their intentions associated with the 2012 editions.
•
Michigan – The Michigan Department of Licensing and Regulatory Affairs, Bureau of Construction Codes administers the Michigan construction codes. The 2009 Michigan Building/Residential, Rehabilitation and Energy Code Rules were filed with the Secretary of State on November 8, 2010, and become effective March 9, 2011. These codes include (all 2009 Michigan) the Building Code, Mechanical Code, Plumbing Code, Residential Code, Rehabilitation Code, Uniform Energy Code, as well as the 2008 National Electrical Code with 2008 Michigan Part 8. There is no information to indicate their intentions associated with the 2012 editions.
•
Minnesota – The Minnesota Department of Labor and Industry Construction Codes and Licensing Division (CCLD) oversees construction-related activities in the areas of licensing, plan review, education, code development, enforcement and inspection in Minnesota. Minnesota State Building Code, which adopted the 2006 editions of the IBC, IFGC and IMC. They chose to bypass the 2009 editions of the International Residential Code (IRC), International Building Code (IBC), and International Fire Code (IFC). Minnesota will strive to have their advisory committees and the state fire chief's code committee ready to review the 2012 editions of these codes.
Estimate of Time Needed to Develop the Rule
The Department estimates approximately 2000 hours will be needed to perform the review and develop any needed rule changes. This time includes drafting the changes – in consultation with the seven specialty advisory councils and the two overarching advisory councils, the Commercial Building Code Council and the Multifamily Dwelling Code Council – and processing the changes through public hearings, legislative review, and adoption. The Department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Regulation and Licensing —
Board of Nursing
Subject
This scope statement relates to the amendment of the current administrative rule N 3.03 relating to nurse licensure through the endorsement process. Under the existing rule, nurses who are licensed in another state or jurisdiction may be eligible for licensure on the basis of the credential which they hold in that state.
Objective of the Rule
Currently, a person licensed as a nurse in another state, territory, province or other jurisdiction is prohibited from obtaining licensure as a registered nurse or licensed practical nurse through the endorsement process if there has been disciplinary action against their nurse license. The Wisconsin Board of Nursing seeks to exercise its authority to accept or deny applications for licensure through the endorsement process by allowing the board to consider the circumstances of the discipline and determine if licensure is warranted.
Policy Analysis
Promulgation of such a rule would facilitate the ability of nurses to obtain licensure to work in our state and increase the available workforce, as well as promote efficiency and fairness. The Wisconsin rule is inconsistent with the rules in the (4) four border states which allow the exercise of discretion when applying for licensure thru endorsement. The proposed rule change fosters continued mobility of the nurse workforce and benefits employers by increasing access to qualified nurses.
Statutory Authority
Comparison with Federal Regulations
This area is not regulated by federal law.
Entities Affected by the Rule
This rule will affect nurse applicants seeking licensure in Wisconsin, employers and other health care facilities that hire nurses and the Wisconsin Department of Regulation and Licensing.
Estimate of Time Needed to Develop the Rule
(50 hours). This estimate is based on the time spent by staff to prepare documents, coordinate public hearings, prepare fiscal estimates and conduct other work related to the promulgation of the administrative rules.
