Section
101.14 (1) (a) of the Statutes authorizes the Department to make reasonable orders for the repair or removal of any buildings or other structures or combustible or explosive materials or inflammable conditions which are dangerous to any other building or premises or to occupants or which hinder firefighters in case of fire.
Section
227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute.
Related statute or rule
The Department has various statutory obligations and rules relating to fire prevention and building safety – which include the design and construction requirements in chapters SPS 361 to 366 for public buildings and places of employment, as promulgated under sections
101.02 (15) (j) and
101.14 (4) of the Statutes.
Plain language analysis
The proposed rule revisions primarily would update the incorporated National Fire Protection Association® NFPA® 1 fire prevention code from the 2009 edition to the 2012 edition, after approval for incorporating the 2012 edition is received from the Attorney General.
In addition to including several minor clarifications and updates, the proposed rule revisions would also (1) repeal exempting federally leased buildings, in SECTION 4, because
41 CFR 102–80.85 makes them subject to local code requirements and inspections in fire protection; (2) define what is meant by “design requirements" because those requirements in NFPA 1 are typically excluded in order to have building-design requirements contained in chs.
SPS 361 to
366 rather than both in those chapters and in ch.
SPS 314; (3) delete having the requirements for flammable, combustible, and hazardous liquids in ch.
ATCP 93 (formerly ch.
SPS 310) from prevailing if they differ from ch.
SPS 314, because those requirements are now administered by the Department of Agriculture, Trade and Consumer Protection; (4) clarify that a fire inspector can issue an order to stop construction if the order relates to a fire hazard or explosion hazard or to prevention of fire; (5) newly require providing firefighter-access pathways on roofs when installing rooftop photovoltaic systems; (6) newly require an Underwriters Laboratories
® listing for fire-department access boxes that are provided after the effective date of these rules; (7) correlate use and handling of hazardous materials with NFPA 400,
Hazardous Materials Code; (8) newly prohibit storing fuel with open-flame-type cooking equipment on a balcony; (9) clarify how portable fire extinguishers are maintained and recharged by industry-credentialed technicians; (10) update the fire-dues entitlement process to be consistent with a new statutory tie-in to reporting fire incidents, and with the Department's changeover to a Web-based system; (11) clarify how substantial compliance with the fire-dues-entitlement requirements is determined; and (12) newly require an owner, operator, or occupant of a building to notify the authority having jurisdiction before changing the occupancy of the building.
Summary of, and comparison with, existing or proposed federal regulation
Fire protection, prevention, and inspection regulations for federally owned and leased buildings are addressed in Title 41 of the Code of Federal Regulations, in Part 102, Subpart C, Sections
80.80 to
80.135. Under Section
80.85, “Federally owned buildings are generally exempt from State and local code requirements in fire protection; however, in accordance with
40 U.S.C. 619, each building constructed or altered by a Federal agency must be constructed or altered, to the maximum extent feasible, in compliance with one of the nationally recognized model building codes and with other nationally recognized codes. Leased buildings are subject to local code requirements and inspection." No other existing or proposed federal regulations were found relating to these proposed rule revisions.
Comparison with rules in adjacent states
An Internet-based search of Web sites from the four adjacent states produced the following results relating to statewide fire-prevention rules.
Illinois: The Office of the State Fire Marshall has adopted the 2000 edition of NFPA 101®, Life Safety Code® to serve as the State's rules for fire prevention and safety. That Code applies statewide to all occupancy classifications except for public elementary and secondary schools, which are under the jurisdiction of the Illinois State Board of Education. Illinois Statutes require local fire chiefs to enforce that Code except in localities which have adopted fire prevention and safety standards equal to or higher than that Code.
Iowa: The State Fire Marshal's Office inspects facilities that are regulated by the State, such as schools, jails, prisons, daycares, residential care facilities, assisted-living facilities, and group homes. Other inspections are conducted in response to complaints. Most state inspections are conducted using the 2009 International Fire Code®.
Michigan: The Bureau of Fire Services in the Department of Licensing and Regulatory Affairs applies the fire safety requirements in numerous chapters of the 2006 edition of NFPA 1 to the operation and maintenance of commercial buildings, industrial buildings, and residential buildings, excluding 1- and 2-family dwellings.
Minnesota: Minnesota has adopted the 2006 edition of the International Fire Code®, with various modifications, as its State Fire Code.
Summary of factual data and analytical methodologies
The data and methodology for developing these rule revisions were derived from and consisted primarily of comparing the 2009 and 2012 editions of NFPA 1. The Department's review and assessment process included evaluating the 2012 NFPA 1 changes in detail with a fire prevention advisory council. The members of the council include representatives of the major stakeholders including fire chiefs, fire inspectors, firefighters, and building owners and managers. The Department utilized the council to obtain information on any potential impacts of both the technical and administrative elements of the rule revisions. A responsibility of council members is to bring forth concerns their respective organizations may have with the requirements, including concerns regarding economic impacts.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The primary documents that were used to determine the effect of the proposed rule revisions on small businesses, and to prepare an economic impact analysis were the 2009 and 2012 editions of NFPA 1, and NFPA 1 Fire Code™ Technical/Substantive Changes From the 2009 Edition to the 2012 Edition as prepared by the NFPA Fire Code Field Office.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
The proposed rule revisions are not expected to have an effect on small businesses because the 2012 edition of NFPA 1, as it would be modified by ch.
SPS 314, is not expected to impose costs that would substantially exceed the costs imposed by the currently adopted 2009 edition.
The Department's Regulatory Review Coordinator may be contacted by e-mail at
Tom.Engels@wi.gov, or by calling (608) 266-8608.
Agency Contact Person
Sam Rockweiler, Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI, 53708-8935; or at telephone (608) 266-0797; or by e-mail at
sam.rockweiler@wi.gov; or by telecommunications relay services at 711.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
|
1. Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
SPS 314, Fire Prevention
|
3. Subject
|
Fire Prevention
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR ⍽ FED X PRO ⍽ PRS ⍽ SEG
⍽ SEG-S
|
|
6. Fiscal Effect of Implementing the Rule
|
⍽ No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
X Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
9. Policy Problem Addressed by the Rule
|
The current rule adopts by reference the 2009 edition of the National Fire Protection Association's® NFPA® 1 fire prevention code. The proposed rule replaces the 2009 edition of NFPA 1 with the 2012 edition.
|
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.
|
Representatives of school boards, building owners and managers, fire chiefs, firefighters, and fire inspectors.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
|
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)
|
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Fire prevention efforts would be guided by more up-to-date standards and information. Leaving the rule reference out-of-date standards and information would potentially increase risks to public safety.
|
14. Long Range Implications of Implementing the Rule
|
Fire losses would be reduced.
|
15. Compare With Approaches Being Used by Federal Government
|
See comparison in the rule analysis that accompanies the proposed rule revisions.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
See comparison in the rule analysis that accompanies the proposed rule revisions.
|
17. Contact Name
|
18. Contact Phone Number
|
Sam Rockweiler
|
608-266-0797
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services —
Occupational Therapists Affiliated Credentialing Board
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Occupational Therapists Affiliated Credentialing Board in sections 15.085 (5) (b), 227.11 (2) (a), and 448.965, Wis. Stats., and interpreting s.
448.965, Wis. Stats., the Occupational Affiliated Credentialing Board will hold a public hearing at the time and place indicated below to consider an order to repeal sections
OT 2.07 (5) and
3.06 (b) (Note); to amend sections
OT 2.03 (2) (e) and
(j),
2.07 (6),
3.02,
3.05,
4.02 (2) (intro.),
(a), and
(b),
4.03 (1) (a),
(2) (title),
(c),
(d), and
(e),
(3) (a),
(b), and
(f),
(5) (b) and
(c), and
(6) (b) and
(c), and
4.05 (6) and
(7) (a); to repeal and recreate sections
OT 1.02; and to create sections
OT 3.06 (r),
4.02 (2) (j) to
(q) and
4.02 (2) (intro.) (Note), relating to occupational therapy practice standards.
Hearing Information
Date: Monday, February 10, 2014
Time: 10:000 a.m.
Location: 1400 East Washington Avenue
Room 121C
Madison, Wisconsin
Appearances at 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 the public hearing 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 Shawn Leatherwood, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI 53708-8935, or by email to
Shancethea.Leatherwood@wisconsin.gov. Comments must be received at or before the public hearing to be held on
February 10, 2014, or to be included in the record of rule-making proceedings.
Copies of Rule
Analysis prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
The Occupational Therapists Affiliated Credentialing Board (Board) is authorized generally, pursuant to s.
15.08 (5) (b), Stats., to promulgate rules for guidance within its profession. The Board may also promulgate rules that interpret statutes they enforce or administer per s.
227.11 (2) (a), Stats. Section
448.965 (2), Stats., is administered by the Occupational Therapist Affiliated Credentialing Board and provides, “[t]he affiliated credentialing board may promulgate rules that define the scope of practice of occupational therapy or the scope of assisting in the practice of occupational therapy." The proposed rule seeks to modernize practice standards captured in the current rules and bring the code in line with current practice within the profession. Therefore, the Board is authorized both generally and specifically to promulgate the proposed rules.
Related statute or rule
None.
Plain language analysis
The Occupational Therapist Affiliated Credentialing Board (Board) reviewed its rules and determined that the rules were outdated. The Board identified several key areas in the rules that were not typical of practice within the profession. The Board addressed these key areas by redefining terms throughout the entire chapter for the purpose of adding clarity to the rules. The Board was also prompted by the American Occupational Therapy Association (AOTA) to modernize its rules and make them more consistent with the AOTA's Model Practice Act. The Board will incorporate some of the language from the AOTA Model Practice Act within the proposed rules, where necessary, to give greater direction to practicing occupational therapist and occupational therapy assistants. Ultimately, the Board, via the proposed rule, seeks to institute changes that will update the rules regulating occupational therapist with current practices within the profession.
SECTION 1. repealed and recreated the definitions section.
SECTION 2. increases the time period from 3 to 5 years that an applicant may be required to complete an oral examination, if they have not practiced prior to their application.
SECTION 5. amends language regarding expiration of temporary licensure.
SECTION 6. amends the biennial renewal date from November 1 to June 1.
SECTION 7. repeals the note found in s.
OT 3.06 (b) and the corresponding table.
SECTION 8. creates OT 3.06 (r) and added it to the table.
SECTION 11. creates additional provisions to the occupational therapy services listed in s.
OT 4.02 (2).
SECTION 12. adds language to s.
OT 4.03 (1) (a) specifying the objectives of occupational therapy.
SECTION 13. amends the title in s.
OT 4.03 (2) by striking the terms “referral" and “physician".
SECTION 14. removes terms and clarifies the distinction between orders and referrals.
SECTION 15. adds terms to substitute health care professional instead of health care provider as well as updated terms related to performance skills and performance patterns.
SECTION 16. clarifies the terms related to program implementation.
SECTION 17. amends s.
OT 4.03 (6) (b) and
(c) by adding terms that specify the support system that should be in place for discontinuation of services.
Summary of, and comparison with, existing or proposed federal regulation
None.
Comparison with rules in adjacent states
Illinois: The Illinois Occupational Therapy Practice Act Ill. Admin. Code tit. 68 §1315.100 governs OT practice in Illinois. The code sets forth provisions for modalities in occupational therapy, supervision of occupational therapy assistants and several other sections that the Wisconsin rules do not cover.
Iowa: Iowa administrative code defines occupational therapy practice which includes physical agent modalities 645 IAC 206.1, and sets forth a Code of Ethics for occupational therapist 645 IAC 208.1, and grounds for discipline. 645 IAC 209. Other topics covered include continuing education and supervision requirements.
Michigan: In Michigan Occupational Therapists are governed under the Public Health Code 333.18313 MCL and the Department of Consumer and Industry Services. Michigan statutes and administrative code do not set forth provisions regarding modalities in occupational therapy or practice and supervision nor does it outline topic areas for the completion of continuing education credits unlike the current Wisconsin rules.
Minnesota: Minnesota statutes govern the scope of practice for Occupational Therapists. Minn. Stat. §§
148.6401-
148.6450. The provisions cover such topics as physical agent modalities and supervision of occupational therapy assistants similar to the current Wisconsin rules.
Summary of factual data and analytical methodologies
The impetus for the proposed rule was a review by the Board which indicated that there was a gap between terminology currently being used in the profession and the language that was in the rule. The Board decided to address this issue by drafting the proposed rule. No other factual data or analytical methodologies were used.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
These proposed rules will not have an economic impact on small businesses, as defined in s.
227.114 (1), Stats.
Fiscal Estimate and Economic Impact Analysis
See the attached Fiscal Estimate and Economic Impact Analysis.
Initial Regulatory Flexibility Analysis or Summary
None.
Environmental Assessment/Statement
None.
Agency Contact Person
Shawn Leatherwood, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-4438; email at
Shancethea.Leatherwood@wisconsin.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
1. Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
OT 1, 2., 3,
|
3. Subject
|
Occupational therapy practice standards
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED X PRO
⍽ PRS
⍽ SEG ⍽ SEG-S
|
20.165 (1) (g)
|
6. Fiscal Effect of Implementing the Rule
|
⍽ No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
X Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
9. Policy Problem Addressed by the Rule
|
The Occupational Therapist Affiliated Credentialing Board reviewed its rules and determined that several key areas in the rules were not typical of practice within the profession. The Board was also prompted by the American Occupational Therapy Association (AOTA) to modernize its rules and make them more consistent with the AOTA's Model Practice Act. Ultimately, by promulgating the proposed rule, the Board seeks to update the current rules to reflect changes in occupational therapy practice.
|
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.
|
This proposed rule will primarily affect licensed occupational therapists and occupational therapy assistants. The rule was posted on the Department of Safety and Professional Services website for 14 days in order to solicit comments from the public regarding the rule. No comments were received from any business, business sectors, and associations representing business, local governmental units, or interested individuals regarding the rule.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
No local governmental units participated in the development of this EIA.
|
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)
|
This proposed rule will not have an economic or fiscal impact on specific businesses, business sectors, public utility rate payers, local governmental Units or the State's economy as a whole.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
The proposed rule will provide greater guidance for practicing occupational therapists and occupational therapy assistants on standards within their profession.
|
14. Long Range Implications of Implementing the Rule
|
The proposed rule will bring the current rules in line with practice within the occupational therapy profession.
|
15. Compare With Approaches Being Used by Federal Government
|
None.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
Illinois: The Illinois Occupational Therapy Practice Act Ill. Admin. Code tit. 68 §1315.100 governs OT practice in Illinois. The code sets forth provisions for modalities in occupational therapy, supervision of occupational therapy assistants and several other sections that the Wisconsin rules do not cover.
Iowa: Iowa administrative code defines occupational therapy practice which includes physical agent modalities 645 IAC 206.1, and sets forth a Code of Ethics for occupational therapist 645 IAC 208.1, and grounds for discipline. 645 IAC 209. Other topics covered include continuing education and supervision requirements.
Michigan: In Michigan Occupational Therapists are governed under the Public Health Code Act 368 of 1978 MCL and the Department of Consumer and Industry Services. Michigan statutes and administrative code do not set forth provisions regarding modalities in occupational therapy or practice and supervision nor does it outline topic areas for the completion of continuing education credits unlike the current Wisconsin rules.
Minnesota: Minnesota statutes govern the scope of practice for Occupational Therapists. Minn. Stat. §§ 148.6401 -148.6450. The provisions cover such topics as physical agent modalities and supervision of occupational therapy assistants similar to the current Wisconsin rules.
|
17. Contact Name
|
18. Contact Phone Number
|
Shawn Leatherwood
|
608-261-4438
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
