NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department in ss.
102.02 (1),
101.985,
145.02 (4) (a),
227.10 (1) and
227.11 (2) (a), Stats., and interpreting ss.
101.02 (1),
101.985,
145.02 (4) (a),
227.10 (1) and
227.11 (2) (a), Stats., the Department will hold a public hearing at the time and place indicated below to consider an order to order to repeal ss.
SPS 305.003 (62),
SPS 305.02 Table 305.02 line 50, SPS 305.06 Table 305.06 line 45, SPS 305.72, SPS 305.993 (1) (c), and SPS 345.70 (1); to renumber SPS 345.70 (2) to (5); to amend SPS 305.325 (4) Note, SPS 305.91 (3) (a), and SPS 305.92 (3); to repeal and recreate ss.
SPS 305.003 (15),
SPS 305.70 (1),
SPS 305.992 (1) (c), and
SPS 345.10 (2) Note 1.; and to create s.
SPS 305.70 (1) Note, relating to credentials for HVAC contractors, refrigerant handling technicians, master plumbers, and elevator mechanics.
Hearing Information
Date: Monday, March 11, 2013
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
Room 121A
Madison, WI
Appearances a the Hearing
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 the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8935, Madison, Wisconsin 53708. Written comments must be received at or before March 21, 2013 to be included in the record of rule-making proceedings.
Place Where Comments Are to be Submitted and Deadline for Submission
Comments may be submitted to James Quast, Program Manager, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to
Jim.Quast@wisconsin.gov. Comments must be received at or before March 21, 2013 to be included in the record of rule-making proceedings.
Copies of Rule
Copies of this proposed rule are available upon request to Shawn Leatherwood, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708, or by email at
Shancethea.Leatherwood@wisconsin.gov.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Under various provisions of chapters 101 and 145, Stats., the department establishes credentialing qualifications and standards for entities and individuals involved with the construction trades.
2011 Wisconsin Act 146 revised statutory provisions relating to individuals seeking to take a master plumber licensing exam and qualifying for an elevator mechanic license. The Act also repeals the provisions relating to ozone-depleting refrigerants and the authority to credential refrigerant handling technicians.
Related statute or rule
Chapter
SPS 345, Mechanical Refrigeration.
Plain language analysis
The proposed rules repeal credentialing provisions established for entities and individuals that handle ozone-depleting refrigerants with the installation and servicing of air conditioning and refrigerant equipment and systems. The proposed rules eliminate the state credentialing provisions for refrigerant handling technicians under s.
SPS 305.72 and revise provisions s.
SPS 305.70 eliminating the need for HVAC contractor registration with respect to ozone-depleting refrigerants. Corresponding rule revisions are also proposed under chapter SPS 345, Mechanical Refrigeration. Individuals and entities dealing with ozone-depleting refrigerants still must comply with federal obligations including certification.
Reflecting the provisions of
2011 Wisconsin Act 146, the proposed rules create another avenue to qualify for an elevator mechanic license, and revise the experience qualifications for a master plumber's exam from consecutive years to overall years.
Summary of, and comparison with, existing or proposed federal regulation
Federal regulations, under section 608 of the federal Clean Air Act and title
40 CFR part 82, subpart F, require individuals who install or service HVAC equipment involving ozone-depleting refrigerants to hold a Type I, II, III or Universal technician certification.
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding the licensing of plumbers and elevator mechanics.
Comparison with rules in adjacent states
An internet search of the respective states' web sites indicate:
Illinois:
The state does not require a specific license or certification to perform installation or service work pertaining to cooling or refrigeration equipment and systems including working with ozone-depleting refrigerants.
The state does not have a master plumber license category; only a general plumber's license. The state's qualifying provisions for plumber's license applicants indicate just overall years of experience.
Elevator mechanic licensing is under the Office of the Illinois State Fire Marshall. Under the Elevator Safety and Regulation Act there are currently four avenues to obtain the license including completion of the mechanic examination of a nationally recognized training program for the elevator industry, such as the National Elevator Industry Educational Program or its equivalent.
Iowa:
The state has a single board licensing category that covers plumbing, HVAC refrigeration and hydronic systems. A “licensed master" is to be responsible for the work. Applicants for a “master" license must pass an exam. The licensing provisions are not specific to ozone-depleting refrigerants nor are individual state certifications necessary.
The state does not administer a licensing program for elevator work.
Michigan:
The state requires a mechanical contractor license to perform alterations, repairs or installation of heating/cooling/ventilating/ or refrigerating equipment/ systems. The licensing provisions are not specific to ozone-depleting refrigerants.
The state's qualifying provisions for master plumber license applicants indicate just overall years of experience as a journeyman plumber.
In order to take the state's elevator journeyman license exam an applicant must have 3 continuous years of experience which may include employment as a supervisor of elevator construction or service.
Minnesota:
The state's stratospheric ozone protection rules under Chapter 7027 refer to the federal certification standards under the Clean Air Act and title
40 CFR part 82.
The state's qualifying provisions for master plumber license applicants indicate just overall years of experience.
The state does not issue a specific license for individuals who install or service conveyances; electrical aspects are covered by electrical licensing provisions.
Summary of factual data and analytical methodologies
The proposed rules were developed in light of
2011 Wisconsin Act 146 which repealed s. 101.177, Stats., relating to ozone-depleting refrigerants. The Act also revised statutory provisions relating to plumbing licenses and elevator mechanic licenses. The Act was compared with the corresponding provisions of chapter SPS 305.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The proposed rule action follows the direction provided by
2011 Wisconsin Act 146 in repealing s.
101.177, Stats., that eliminates the state certification mandate for refrigerant handling technicians.
Effect on Small Business
Pursuant to Executive Order 50, the proposed rules were posted on both the state's and department's administrative rule websites for 14 days to solicit comments regarding potential economic impacts on businesses, business sectors, professional associations, local governmental units, or interested parties. No comments were received as a result of the solicitations.
The proposed rules implement the direction of
2011 Wisconsin Act 146 regarding the credentialing of refrigerant handling technicians, HVAC contractors, plumbers and elevator mechanics. The Act and the proposed rules eliminate the state mandate for credentials relating to ozone-depleting refrigerants. The current credential fees are: refrigerant handling technician $20 for a 4-year certification, and HVAC contractor $160 for a 4-year registration.
The department does not believe that the proposed rules will create an impact on small businesses any differently than the mandates of the Act.
The Department's Regulatory Review Coordinator may be contacted by email at
Greg.Gasper@wisconsin.gov, or by calling (608) 266-8608.
Initial Regulatory Flexibility Analysis or Summary
None.
Fiscal estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Environmental Assessment/Statement
None.
Agency Contact Person
James Quast, Program Manager, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone (608) 266-9292; email at
jim.quast@wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
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Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
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ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
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1. Type of Estimate and Analysis
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X Original ⍽ Updated ⍽ Corrected
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2. Administrative Rule Chapter, Title and Number
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Chapter SPS 305, Licenses, Certifications and Registrations.
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3. Subject
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Trade Credentials, master plumbers, elevator mechanics, and refrigerant handling technicians.
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4. Fund Sources Affected
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5. Chapter 20, Stats. Appropriations Affected
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⍽ GPR
⍽ FED
X PRO
⍽ PRS ⍽ SEG ⍽ SEG-S
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6. Fiscal Effect of Implementing the Rule
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⍽ No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Existing Revenues
X Decrease Existing Revenues
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⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Cost
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7. The Rule Will Impact the Following (Check All That Apply)
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⍽ State's Economy
⍽ Local Government Units
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⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
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8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes
X No
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9. Policy Problem Addressed by the Rule
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The proposal revises rules to be consistent with provisions under 2011 Wisconsin Act 146 relating to the licensing of several trade credentials, plumbers, elevator mechanics and refrigerant handling technicians.
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10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
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The proposed rule revisions would affect applicants for master plumber licenses and for elevator mechanic licenses. The rules would also eliminated the credentials needed for individuals and entities working with ozone-depleting refrigerants; those being refrigerant handling technicians and HVAC contractors.
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11. Identify the local governmental units that participated in the development of this EIA.
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The credentials and their processing are a state function and do not involve local government administration. The Department did not receive any comments or information from any source during the EIA solicitation period.
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12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
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The department does not believe that the proposed rules will create an impact on small businesses any differently than the mandates of the Act.
The Department will realize an annual average loss $52,000 with the elimination of the refrigerant handling technician certification credential.
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13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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The proposed rules provide consistency with statutory provisions as affected by 2011 Wisconsin Act 146.
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14. Long Range Implications of Implementing the Rule
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No long range implications of implementing the rules are anticipated.
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15. Compare With Approaches Being Used by Federal Government
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Federal regulations, under section 608 of the federal Clean Air Act and title 40 CFR part 82, subpart F, require individuals who install or service HVAC equipment involving ozone-depleting refrigerants are require to hold a Type I, II, III or Universal technician certification.
An internet search on U.S. federal regulations and U.S. federal register yielded no results regarding the licensing of plumbers and elevator mechanics.
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16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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An internet search of the respective states' web sites indicate:
Illinois: The state does not require a specific license or certification to perform installation or service work pertaining to cooling or refrigeration equipment and systems including working with ozone-depleting refrigerants.
The state does not have a master plumber license category; only a general plumber's license. The state's qualifying provisions for plumber license applicants indicate just overall years of experience.
Elevator mechanic licensing is under the Office of the Illinois State Fire Marshall. Under the Elevator Safety and Regulation Act there are currently four avenues to obtain the license including completion of the mechanic examination of a nationally recognized training program for the elevator industry, such as the National Elevator Industry Educational Program or its equivalent.
Iowa: The state has a single board licensing category that covers plumbing, HVAC refrigeration and hydronic systems. A “licensed master" is to be responsible for the work. Applicants for a “master" license must pass an exam. The licensing provisions are not specific to ozone-depleting refrigerants nor are individual state certifications necessary.
The state does not administer a licensing program for elevator work.
Michigan: The state requires a mechanical contractor license to perform alterations, repairs or installation of heating/cooling/ventilating/ or refrigerating equipment/systems. The licensing provisions are not specific to ozone-depleting refrigerants.
The state's qualifying provisions for master plumber license applicants indicate just overall years of experience as a journeyman plumber.
In order to take the state's elevator journeyman license exam an applicant must have 3 continuous years of experience which may include employment as a supervisor of elevator construction or service.
Minnesota: The state's stratospheric ozone protection rules under Chapter 7027 refer to the federal certification standards under the Clean Air Act and title 40 CFR part 82.
The state's qualifying provisions for master plumber license applicants indicate just overall years of experience.
The state does not issue a specific license for individuals who install or service conveyances; electrical aspects are covered by electrical licensing provisions.
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17. Contact Name
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18. Contact Phone Number
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James Quast
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(608) 266-9292
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This document can be made available in alternate formats to individuals with disabilities upon request.
