(4) DEPARTMENT DUTIES. The department shall do all of the following:
(a) Promulgate rules for the administration of this section including establishing all of the following:
1. A standard of purity for reclaimed refrigerant that is based on recognized national industry standards.
2. Qualifications, which may include training or certification requirements, for individuals who use equipment to transfer ozone-depleting refrigerant from refrigeration equipment to storage containers.
2m. Qualifications, which may include training or certification requirements, for individuals who transfer ozone-depleting refrigerant from storage containers to approved refrigerant recycling equipment, approved refrigerant reclaiming equipment or other storage containers.
3. Qualifications, which may include training or certification requirements, for individuals who use approved refrigerant recycling equipment.
3m. Qualifications, which may include training or certification requirements, for individuals who use approved refrigerant reclaiming equipment.
4. Fees to cover the cost of administering subs. (2) and (3).
The statutory provisions for elevator inspectors can be found under s.
101.895 (3) which read:
(3) ELEVATOR INSPECTOR. The department shall issue an elevator inspector license to each individual who demonstrates to the satisfaction of the department that the individual is adequately qualified and able to provide elevator inspection services. The department shall promulgate rules that establish the qualifications required for issuance of an elevator inspector license.
The statutory provision for plumbing licensure is addressed in s.
145.02 (4) which reads:
(4) (a) The department shall prescribe rules as to the qualifications, examination and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers and for the registration and training of registered learners.
Although there are several inferences and references to the rules promulgated by the department within statutory Chapter
101, Subchapter VII regarding elevator licensing, the department's rule-making authority falls under s.
101.02 (1), which reads:
(1) The department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The department estimates approximately 200 hours will be needed to perform the review and develop the needed rule changes. This time includes meeting with the conveyance safety code council, drafting the rule changes 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.
List with Description of all Entities that may be Affected by the Proposed Rule
Regarding s.
101.177, Stats., and ozone-depleting refrigerants, there are approximately 9200 individuals who are certified as refrigerant handling technicians by the department and roughly 3600 HVAC contractors registered with the department. Currently, the HVAC contractor registration is required for any entity performing in-house service work on equipment where there is the potential to release ozone-depleting refrigerant. This may include such entities as schools, hospitals, governmental facilities and industrial plants.
The revisions for elevator inspectors would affect primarily governmental units and third-party contractors performing elevator inspections on behalf of the department. There are only 46 elevator inspectors licensed by the department.
The rule revisions would also impact applicants for elevator mechanic licenses and master plumber licenses; as well as other trade credential applicants who take a credentialing examination.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Under Section 608 of the Clean Air Act, the U. S. Environmental Protection Agency has established ozone regulations found in
40 CFR Part 82, Subpart F. These federal regulations cover:
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The certification of technicians who perform maintenance, service, repair or disposal that could reasonably expected to release refrigerants into the atmosphere.
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The sale of ozone-depleting refrigerants to certified technicians.
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding the licensing of elevator mechanics, elevator inspectors or plumbers.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
The department anticipates that the economic impact in implementing the revised rules would be minimal.
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