NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in ss.
101.09 (3) (c),
101.147,
101.178 (3) (a),
101.63 (2) and
(2m),
101.654 (1m),
101.73 (5) and
(6),
101.82 (1m),
101.92 (9),
101.96 (2) (c),
101.985 (3),
145.02 (4) (a),
145.15 (2),
145.175,
227.11 (2) (a), and
440.974 (2), Wis. Stats., and interpreting ss.
101.985 (3),
227.11 (2) (a), and
440.974 (2), Wis. Stats., the Department of Safety and Professional Services will hold a public hearing at the time and place indicated below to consider an order to repeal sections
SPS 132.01,
132.02,
132.025,
132.04,
133.01 (2),
134.01, 135,
305.08 (3) (b),
305.01 (4) (i),
305.01 (4) (i) (Note), Table 305.02 row 8m., Table 305.02 (Note), Table 305.06 row 8m., Table 305.06 column (5), Table 305.06 (Note), 305.125 (3) 1., 305.125 (3) 1. (Note), 305.30, 305.30 (Note); 305.90 (4) (b), 305.90 (4) (d), 305.91 (1) (a), 305.91 (1) (b), 305.91 (1) (b) (Note), 305.91 (5) (b) 1., 305.91 (5) (b) 2., 395.92 (1) (a), 305.92 (1) (b), 305.92 (1) (b) (Note), 305.92 (5) (b) 1., 305.92 (5) (b) 2., 305.92 (6) (b), 305.93 (1) (b) 1., 305.93 (1) (b) 2., 305.93 (1) (b) 2. (Note), 305.93 (5) (b) 1., 305.93 (5) (b) 2., 305.94 (1) (a) 2., 305.94 (1) (a) 2., 305.94 (1) (b) 1., 305.94 (1) (b) 2., 305.94 (1) (b) 2. (Note), 305.94 (3) (b), 305.94 (5) (b) 1., 305.94 (5) (b) 2., 323.16 (2) (a), 332.16 (4), and 361.295 (2); to renumber sections
SPS 132.05 (1) (a),
132.05 (1) (c),
132.05 (2) (a),
132.05 (2) (c),
132.05 (2) (d),
132.06,
133.01 (1),
133.01 (3),
133.02,
133.03,
133.04,
134.03,
305.315 (3) (a) 1.,
305.315 (3) (a) 2.,
305.315 (3) (b) 2.,
323.16 (2) (b), and
323.16 (2) (c); to renumber and amend sections
SPS 132.03,
132.05 (1),
132.05 (1) (b),
132.05 (2),
132.05 (2) (b),
132.05 (3),
134.02, and
134.04; to amend Chapter
SPS 131 (title) and sections 131.01, 305.07 (2) (b) 1. b., 305.08 (3) (a), 305.315 (3) (b) 1., 305.315 (3) (b) 2., 305.327 (5) (b) 1., 305.33 (7) (b) 1., 305.36 (4) (b) 1., 305.43 (7) (b) 1., 305.435 (7) (b) 1., 305.44 (6) (b) 1., 305.443 (6) (b) 1., 305.447 (6) (b) 1., 305.45 (2) (c) 2., 305.51 (7) (c) 1. a., 305.51 (7) (c) 1. b., 305.52 (6) (c) 1. a., 305.52 (6) (c) 1. b., 305.54 (5) (c) 1. a., 305.54 (5) (c) 1. b., 305.56 (6) (c) 1., 305.60 (5) (c) 1., 305.61 (6) (b) 1., 305.62 (7) (b) 1., 305.625 (6) (b) 1., 305.63 (7) (b) 1., 305.64 (2) (b), 305.64 (3) (d), 305.64 (4) (c) 1., 305.64 (4) (d), 305.66 (6) (b) 1., 305.68 (7) (b) 1., 305.84 (6) (b) 1., 305.85 (6) (b) 1., 305.90 (4) (intro.), 305.90 (4) (a), 305.90 (4) (c ), 305.91 (1) (intro.), 305.91 (5) (b) (intro.), 305.91 (8) (b) 1., 305.92 (1) (intro.), 305.92 (5) (b) (intro.), 305.92 (8) (b) 1., 305.93 (1) (b) (intro.), 305.93 (5) (b) (intro.), 305.93 (6) (b) 1., 305.94 (1) (intro.), 305.94 (1) (b), 305.94 (2) (intro.), 305.94 (3) (a), 305.94 (3) (a) 1., 305.94 (3) (a) 2., 305.94 (4), 305.94 (5) (b) (intro.), 305.94 (6) (a) 1., 305.94 (6) (a) 2., 305.94 (6) (b) 1., 305.94 (6) (b) 2., 305.97 (7) (c) 1., 305.99 (5) (c) 1., 305.992 (6) (b) 1., 305.993 (6) (b) 1., 305.997 (6) (b) 1., 334.36, and 334.45 (4) (b); to repeal and recreate section
SPS 305.003 (15); and to create sections
SPS 131.02 (4e),
131.02 (4m),
131.02 (4s),
131.02 (25m) 131 subch.
I (title), 131 subch. II (title), 131 subch. III (title), 131 subch.
IV,
305.09 (intro.),
305.315 (3) (c),
305.315 (3) (d),
305.315 (4),
305.64 (2) (b) (Note), 305.945, 323.16 (2) (b) (Note), 332.16 (20) (Note), 334.36 (Note), and 334.45 (4) (b) (Note), relating to licenses, certifications, and registrations of trades credentials; continuing education requirements of home inspectors; and rule changes affected by
2013 Wisconsin Act 20.
Hearing Information
Date: Monday, March 3, 2014
Time: 11:00 a.m.
Location: 1400 East Washington Avenue
(enter at 55 North Dickinson Street)
Room 121C
Madison, Wisconsin
Place where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Katie Paff, Program and Policy Analyst, 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
Kathleen.Paff@wisconsin.gov. Comments must be received at or before the public hearing to be held on
March 3, 2014, at 11a.m. to be included in the record of rule-making proceedings.
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. All submittals must be directed to Katie Paff, Program and Policy Analyst, at
Kathleen.Paff@wisconsin.gov or by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708. Written comments must be received at or before the public hearing 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
Sections
101.09 (3) (c),
101.147,
101.178 (3) (a),
101.63 (2) and
(2m),
101.654 (1m),
101.73 (5),
101.73 (6),
101.82 (1m),
101.92 (9),
101.96 (2) (c),
101.985 (3),
145.02 (4) (a),
145.15 (2),
145.175,
227.11 (2) (a),
440.974 (2), Wis. Stats.
Explanation of agency authority
Section
101.09 (3) (c), Wis. Stats. The rule promulgated under par. (a) may require the certification or registration of persons who install, remove, clean, line, perform tightness testing on and inspect tanks and persons who perform site assessments. Any rule requiring certification or registration shall also authorize the revocation or suspension of the certification or registration.
Section
101.147, Wis. Stats. Contractor registration. (1) No person may hold himself or herself out or act as a construction contractor unless that person is registered as a construction contractor by the department. (2) The department shall promulgate rules to administer and enforce this section.
Section
101.178 (3) (a), Wis. Stats. The department shall promulgate rules for a voluntary program under which a person who engages in the business of installing or servicing heating, ventilating or air conditioning equipment may obtain certification by passing an examination developed or selected by the department.
Section
101.63 (2), Wis. Stats. Adopt rules for the certification, including provisions for suspension and revocation thereof, of inspectors for the purpose of inspecting building construction, electrical wiring, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s.
145.01 (10) of one- and 2-family dwellings under sub. (1). The rules shall specify that the department may suspend or revoke the certification of an inspector under this subsection for knowingly authorizing the issuance of a building permit to a contractor who is not in compliance with s.
101.654.
Section
101.63 (2m), Wis. Stats. Promulgate rules for certifying the financial responsibility of contractors under s.
101.654. These rules shall include rules providing for the assessment of fees upon applicants for certification of financial responsibility under s.
101.654 and for the suspension and revocation of that certification.
Section
101.654 (1m), Wis. Stats. The department shall promulgate rules establishing continuing education requirements for persons seeking to obtain a building permit under sub. (1) (a).
Section
101.73 (5), Wis. Stats. Adopt rules for the certification, including provisions for suspension and revocation thereof, of on-site inspectors of the installation of modular homes for dwellings. Persons certified as on-site inspectors may be employees of the department, a city, village, town or county or an independent agency.
Section
101.73 (6), Wis. Stats. Adopt rules for the certification, including provisions for suspension and revocation thereof, of independent inspection agencies to conduct in-plant inspections of manufacturing facilities, processes, fabrication and assembly of modular homes for dwellings and to certify compliance with this subchapter.
Section
101.82 (1m), Wis. Stats. Promulgate rules that establish criteria and procedures for the registration of beginning electricians and for the examination and licensing of different types of electricians, including journeymen electricians and master electricians.
Section
101.82 (1v), Wis. Stats. Promulgate rules that establish criteria and procedures for the licensing of electrical contractors.
Section
101.92 (9), Wis. Stats. Shall promulgate rules and establish standards necessary to carry out the purposes of ss.
101.951 and
101.952.
Section
101.96 (2) (c), Wis. Stats. The department, by rule shall establish the term of installers' licenses and the conditions under which the department may revoke or suspend installers' licenses. The department shall establish an initial installer's license fee and license renewal fee by rule under s.
101.19.
Section
101.985 (3), Wis. Stats. 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.
Section
145.02 (4) (a), Wis. Stats. 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. The plumbers council, created under s.
15.407 (16), shall advise the department in formulating the rules. (b) The department may promulgate rules for the qualification and registration of cross-connection control testers.
Section
145.15 (2), Wis. Stats. The department shall prescribe rules as to the qualifications, examination and licensing of journeymen automatic fire sprinkler system fitters and automatic fire sprinkler contractors and for the registration and training of automatic fire sprinkler system apprentices. The automatic fire sprinkler system contractors and journeymen council, created under s.
15.407 (17), shall advise the department in formulating the rules.
Section
145.175, Wis. Stats. An automatic fire sprinkler-maintenance only registration certificate is required before any business establishment may maintain or repair existing automatic fire sprinkler systems in its physical facilities. The department shall, by rule, specify the qualifications for issuing an automatic fire sprinkler-maintenance only registration certificate. The department shall, by rule, specify the activities in which a person holding a registration certificate under this section may engage.
Section
227.11 (2) (a), Wis. Stats. Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation.
Section
440.974 (2), Wis. Stats. The department shall promulgate rules establishing continuing education requirements for individuals registered under this subchapter. The rules promulgated under this subsection shall require the completion of at least 20 hours of continuing education during each calendar year.
Related statute or rule
Plain language analysis
A recent audit revealed confusion among registered home inspectors in Wisconsin with regards to the continuing education requirements for registration renewal. This proposed rule change would provide clarity for registered home inspectors. The proposed rule change would also repeal rules that are no longer effective, consolidate the home inspector chapters into a single chapter, and incorporate rule changes to ch.
SPS 135 in light of changes to s.
440.974 (2), Stats., under 2013 Senate Bill 345.
Chapter
SPS 305 establishes licensing, certification, and registration requirements for a variety of building-related trades, both for individuals and businesses. Current rules require most renewal applicants to complete all continuing education requirements 3 months prior to the expiration of the license, certification or registration. The proposed rule change would align the renewal and continuing education cycle allowing applicants to complete continuing education requirements up to the expiration date of the credential.
Individuals seeking to renew a dwelling contractor qualifier certification must complete at least 12 hours of continuing education approved by the Department. However, Department standards for approval of continuing education courses are unclear often resulting in confusion and wasted resources for potential course providers. The proposed rule change would provide greater clarity with regards to Department standards for course approval facilitating a more transparent and consistent approval process.
The ASME QEI Accreditation Program accredits organizations that certify elevator inspectors in accordance with the ASME QEI-1 Standard. Department rule, s.
SPS 305.64 (2) (b), currently requires applicants for an elevator inspector license to submit evidence of certification by an American Society of Mechanical Engineers (ASME) accredited organization as a qualified elevator inspector (QEI). ASME is discontinuing the QEI Accreditation Program. All accreditations will be withdrawn on January 1, 2014. The proposed rule change removes reference to ASME accreditation and requires applicants for an elevator inspector license to submit evidence of certification based on the QEI-1 standard from an independent organization acceptable to the Department.
Current Department administrative rules require applicants seeking to obtain a journeyman plumber-restricted appliance license to take and pass an examination administered by the Department. The proposed rule change would allow applicants the option of taking an examination administered by an entity approved by the Department. The plumbing activities performed by a licensed journeyman plumber-restricted appliance are limited to the installation and modification of water heaters, water softeners, water treatment devices, and other items in connection with an existing water supply system which do not required direct connection to the drain system. The proposed rule change would also repeal rules that are no longer effective and reorganize rules related to the two different restricted plumbing licenses for greater clarity including separating the rules for journeyman plumber-restricted appliance license holders into a separate rule section.
Summary of, and comparison with, existing or proposed federal regulation
None.
Comparison with rules in adjacent states
Illinois: All home inspectors are required to complete the equivalent of 6 hours of continuing education per year or 12 hours per renewal from an education provider approved and licensed by the Illinois Department of Financial and Professional Regulation. Proof of continuing education is not required for renewal. However, the Department may require additional evidence demonstrating compliance with the continuing education requirements. It is the responsibility of each renewal applicant to retain or otherwise produce evidence of such compliance upon request.
A review of the rules and statutes pertaining to the renewal of trades credentials in Illinois found no instance of a continuing education cycle that does not align with the credential renewal cycle (41 Ill. Adm. Code 1000.110 Elevator Safety Rules; 68 Ill. Adm. Code 750.500 Plumbers Licensing Code; 225 ILCS 317/35 Sec. 35 (b) Fire Sprinkler Contractor Licensing).
Dwelling contractors are not regulated by the state of Illinois.
In order to be licensed as an elevator inspector in Illinois, the applicant must have attained QEI certification and prove to the satisfaction of the Office of the State Fire Marshall that he or she meets the current ASME QEI-1 Standard for the Qualifications of Elevator Inspectors [225 ILCS 312/50, 41 Ill. Adm. Code Section 1000.80(e)].
Illinois does not offer a plumber-restricted license. Individuals seeking a plumbing license must take a state provided examination (68 Ill. Adm. Code 750).
Iowa: Home inspectors are not regulated by the State of Iowa.
A review of the rules and statutes pertaining to the renewal of trades credentials in Iowa found no instance of a continuing education cycle that does not align with the credential renewal cycle (Iowa Code 641- 30.2 Plumbing and Mechanical Systems Board; and Iowa Code 661-505.210 Electrician and Electrical Contractor Licensing Program).
All contractors doing business in Iowa who make more than $2,000 a year must be registered with the Iowa Division of Labor. “Construction" is defined very broadly to include not only typical “construction" work, but also companies or individuals who perform electrical, plumbing, roofing, or house painting work, as well as installation of landscaping, windows, cable, elevators and other activities. Annual renewal is required. Coursework is not required for initial registration. Continuing education is not required for renewal (Chapter
91C of the Iowa Code).
Applicants for an elevator inspector license in Iowa must be a certified elevator inspector (CEI) pursuant to ASME QEI-1. A copy of the applicant's CEI card is required for a complete application [Code of Iowa 89A.6 and 875 Iowa Administrative Code 71.12].
All applicants for plumbing-related licenses in Iowa must take a board approved, state licensing examination written and proctored by a board-approved testing agency (Iowa Code Ch.
641-29.6). Iowa does not offer a credential equivalent to the journeyman plumber-restricted appliance license.
Michigan: Home inspectors are not regulated by the State of Michigan.
A review of the rules and statutes pertaining to the renewal of trades credentials in Michigan found no instance of a continuing education cycle that does not align with the credential renewal cycle (MI Code 338.3535 Sec.25 (3) Journey plumber's license).
In Michigan, an applicant for a Residential Builder or Maintenance & Alteration Contractor license must complete 60 hours of approved prelicensure education prior to taking the examination or submitting a license application to the Department. All prelicensure education courses must be approved by the Department. The 60 hours of approved prelicensure courses must include at least six hours in each of the following subjects: (1) Business Management, Estimating, and Job Costing; (2) Design and Building Science; (3) Contracts, Liability, and Risk Management; (4) Marketing and Sales; (5) Project Management and Scheduling; (6) The Michigan Residential Code; (7) MIOSHA Construction Safety Standards; and, (8) The remaining 18 hours may come from other topics on the approved course list.
Applicants originally licensed after January 1, 2009 are required to complete the following every 3 years for the first 6 years of licensure: (1) A minimum of 3 hours each year; and (2) A total of 21 hours within the first 3 years of licensure and an additional 21 hours during the second 3-year license cycle consisting of 1 hour covering building codes and laws related to the licensed occupation, 1 hour covering safety, 1 hour covering changes in construction and business management laws, and 18 hours of “other topics" (MCL 339.2404b (2)).
To fulfill the continuing competency requirement, applicants can complete any of the following courses and activities: (1) Teaching or successfully completing any approved prelicensure course, Bureau of Construction Codes code update course, MIOSHA safety course, or college course; (2) Successfully completing a comprehensive test administered by the Department or the Department's third-party testing contractor; (3) Participation in a school-sponsored mentoring program; (4) Presenting or attending a seminar, in-house course, workshop, technical presentation, or training made at a meeting, convention or conference by a trade association, research institute, risk management entity, manufacturer, supplier, governmental agency, consulting agency, or other entity; (4) Publication of an article in a trade journal or a regional magazine as an expert in the field; (5) Active participation in an occupational or technical society, state advisory or review committee; (6) Serving as a member or attending a state Residential Builders' and Maintenance & Alteration Contractors' Board meeting or a state Construction Code Commission meeting; (7) Participating in a code hearing conducted by the International Code Council or Bureau of Construction Codes; (8) Participating in research conducted in conjunction with a college or university, trade association, or manufacturer; or (9) Any continuing competency course or activity may be earned through distance learning (2011 MR 3, R 338.1564 (1) and 2011 MR 3, R 338.1566 (3)).
To meet the 18 hours of “other topics" relevant to the licensed occupation, applicants can complete courses and activities of the following subjects: (1) Business management, estimating, and job costing; (2) Design and building science; (3) Contracts, liability, and risk management; (4) Marketing and sales; (5) Project management and scheduling; (6) Carpentry, concrete, swimming pool installation, waterproofing a basement, excavation, insulation work, masonry work, painting and decorating, roofing, siding and gutters, screen or storm sash insulation, tile and marble work, or house wrecking; (7) Accounting and safekeeping for monies received from a customer, including the requirements of building contract fund; (8) Accounting, finance, and taxes; (9) Personnel Management; (10) Communication and customer service; (11) Environmental or land use analysis; (12) Life safety; (13) “Green" building; (14) Zoning and governance policies and procedures; or (15) Mold, lead, asbestos, or other hazardous material mitigation (2011 MR 3, R 338.1564 (2)).
All elevator inspectors must be certified competent by the Elevator Safety Board of the Michigan Department of Licensing and Regulatory Affairs. There are two types of elevator inspectors: general elevator inspectors who are employed by the State and special elevator inspectors who are employed by insurance companies or municipalities. In addition to being certified, special elevator inspectors must also be commissioned by the Department. Initial commissions for special elevator inspectors are valid for one year. These commissions must be renewed annually.
Applicants for both the general elevator inspector and special elevator inspector certifications must pass (with a score of 70%) the two-part examination of the Elevator Safety Board [Authority: MI Statutes 1967 PA 227]. Applicants may prepare for the examination by studying the ASME A17.1-2007, Safety Code for Elevators and Escalators; ASME A18.1-2008, Safety Standard for Platform Lifts and Stairway Chairlifts; the Michigan Elevator Laws and Rules; 1967 PA 227; 1976 PA 333; the current Michigan Electrical Code, NFPA 70; ASME A90.1-2003, Safety Standards for Belt Manlifts; and the ANSI A10.4-2007, Safety Requirements for Personnel Hoists.
Individuals seeking a journey plumber's license in Michigan must pass an examination provided by the State Plumbing Board and the Department of Licensing and Regulatory Affairs (MI PA 733 of 2002, Sections
338.3533 and
338.3535). Examinations are currently provided and administered by the Department of Licensing and Regulatory Affairs. Michigan does not offer a credential equivalent to the journeyman plumber-restricted appliance license.
Minnesota: Home inspectors are not regulated by the State of Minnesota.
A review of the rules and statutes pertaining to the renewal of trades credentials in Minnesota found no instance of a continuing education cycle that does not align with the credential renewal cycle (MN Rules 4716.0205 – Plumber Licensing and Apprentice Registration; and MN Rules 3800.3602 – Board of Electricity Licensing).
Anyone who contracts or offers to contract with a homeowner to construct or improve “residential real estate" must be licensed as a residential building contractor or a residential remodeler unless they meet one of the specified exemptions. A residential building contractor can build new homes and work on existing structures, whereas a remodeler can only work on existing structures.
Licenses are issued to the residential contracting business entity, though each business entity must have an individual who acts as the “qualifying person" for the company's license. In order to be a qualifying person, the individual must be an owner or officer of the company or a managing employee of the company and must pass a written exam.
To renew a license, the company's qualifying person must complete 14 hours of appropriate and related knowledge in residential construction, including applicable federal and state laws, rules, and regulations at an approved continuing education program during the biennial renewal cycle. Course content must demonstrate significant intellectual or practical content and deal with matters directly related to residential construction, workforce safety, or the business of running a company in the residential construction industry. One of the 14 hours must include instruction related to energy codes or energy conservation measures applicable to residential structures. Courses not approved by DLI may be accepted for credit by submitting an individual course application and a certificate of completion along with all course materials (Minnesota Statutes 326B.0981, 326B.821).
Current Minnesota rules specify that any person performing elevator inspections hired after January 29, 2007, must be certified by an ASME accredited organization as a qualified elevator inspector (QEI) within 18 months of the employment start date [MN Rules 1307.0067 subp. 13.].
An applicant for a plumber's license in Minnesota must pass an examination given by the provided by the Department of Labor and Industry in March and September of each year (MN Rules 4716.0020). Minnesota does not offer a credential equivalent to the journeyman plumber-restricted appliance license.
Summary of factual data and analytical methodologies
The proposed rule change provides clarity for registered home inspectors with regards to continuing education requirements for registration renewal. The proposed rule change is based on the results from a recent audit conducted by the Department assessing compliance with the continuing education requirements in ch.
SPS 135.
Department rules were evaluated to find opportunities to increase efficiencies in the processes relating to the issuance and renewal of credentials. It was determined that the credential renewal process could be made less burdensome while maintaining professional integrity by aligning the continuing education and renewal cycles.
Department standards for approval of continuing education courses required to renew a dwelling contractor qualifier certification are unclear resulting in confusion and wasted resources for potential course providers. The proposed rule change would provide greater clarity with regards to Department standards for course approval facilitating a more transparent and consistent approval process. Expert advice from the Contractor Certification Council informed the proposed rule change.
Section
SPS 305.64 (2) (b) currently requires applicants for elevator inspector licensure to provide proof of certification from an ASME accredited organization. Since ASME will be discontinuing the QEI accreditation program, this change updates the rule to reflect that applicants will be required to provide evidence of certification from a Department approved independent agency.
The proposed rule change provides applicants seeking to obtain a journeyman plumber-restricted license with more testing options to receive licensure.
Adjacent states' requirements were also reviewed.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The rule was posted currently for public comment on the economic impact of the proposed rule, including how this proposed rule may affect businesses, local government units and individuals, for a period of 14 days. No comments were received relating to the economic impact of the rule.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Initial Regulatory Flexibility Analysis or Summary
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1), Stats. The Department's Regulatory Review Coordinator may be contacted by email at
Tom.Engels@wisconsin.gov, or by calling (608) 266-8608.
Agency Contact Person
Katie Paff, Program and Policy Analyst, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-261-4472; email at
Kathleen.Paff@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
|
SPS 131, 132, 133, 134, 135, 305, 323, 332, 334, 361
|
3. Subject
|
Relating to trades licenses, certifications, and registrations of trades credentials; continuing education requirements of home inspectors; and rule changes affected by 2013 Wisconsin Act 20
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED X PRO
⍽ PRS
⍽ SEG ⍽ SEG-S
|
20.165 (2) (j)
|
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
|
A recent audit revealed confusion among registered home inspectors in Wisconsin with regards to the continuing education requirements for registration renewal. This proposed rule change would provide clarity for registered home inspectors.
Chapter SPS 305 establishes licensing, certification, and registration requirements for a variety of building-related trades, both for individuals and businesses. Current rules require most renewal applicants to complete all continuing education requirements 3 months prior to the expiration of the license, certification or registration. The proposed rule change would align the renewal and continuing education cycle allowing applicants to complete continuing education requirements up to the expiration date of the credential.
Department standards for approval of continuing education courses required to renew a dwelling contractor qualifier certification are unclear resulting in confusion and wasted resources for potential course providers.
The ASME QEI Accreditation Program accredits organizations that certify elevator inspectors in accordance with the ASME QEI-1 Standard. Department rule, SPS 305.64 (2) (b), currently requires applicants for an elevator inspector license to submit evidence of certification by an American Society of Mechanical Engineers (ASME) accredited organization as a qualified elevator inspector (QEI). ASME is discontinuing the QEI Accreditation Program. The proposed rule change removes reference to ASME accreditation and requires applicants for an elevator inspector license to submit evidence of certification based on the QEI-1 standard from an independent organization acceptable to the Department.
Current Department administrative rules require applicants seeking to obtain a journeyman plumber-restricted appliance license to take and pass an examination administered by the Department. The proposed rule change would allow applicants the option of taking an examination administered by an entity approved by the Department. The proposed rule change would also repeal rules that are no longer effective and reorganize rules related to the two different restricted plumbing licenses for greater clarity including separating the rules for journeyman plumber-restricted appliance license holders into a separate rule section.
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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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11. Identify the local governmental units that participated in the development of this EIA.
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None. This rule does not affect local government units.
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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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This rule will not have an economic or fiscal impact on businesses, business sectors, public utility rate payers, local governmental units or the state's economy as a whole.
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13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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The proposed rule change provides clarity for registered home inspectors with regards to continuing education requirements for registration renewal. The proposed rule change is based on the results from a recent audit conducted by the Department assessing compliance with the continuing education requirements in ch. SPS 135. By not amending the rules in this manner, home inspectors may inadvertently fail to meet the requirements and as a result may not be able to practice as home inspectors.
Department rules were evaluated to find opportunities to increase efficiencies in the processes relating to the issuance and renewal of credentials. It was determined that the credential renewal process could be made less burdensome while maintaining professional integrity by aligning the continuing education and renewal cycles.
The proposed rule change would provide greater clarity with regards to Department standards for course approval facilitating a more transparent and consistent approval process.
Implementing this rule provides clarity with regards to licensure requirements for elevator inspectors once ASME discontinues its accreditation program.
The proposed rule change would provide more exam options for the licensed journeyman plumber-restricted appliance credential.
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14. Long Range Implications of Implementing the Rule
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Implementing the rule would provide for a less burdensome and more transparent credential application and renewal process for trades professionals and home inspectors in the future.
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15. Compare With Approaches Being Used by Federal Government
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None.
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16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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A review of the rules and statutes pertaining to the renewal of trades credentials in Illinois, Iowa, Michigan, and Minnesota found no instance of a continuing education cycle that does not align with the credential renewal cycle.
Michigan and Minnesota specify the approved topic areas for pre-licensure and continuing competency courses for dwelling contractor qualifiers. Applicants in these states must complete a certain number of hours in specific topic areas and are allowed to take other courses in a variety of other topic areas. In Iowa, coursework is not required for initial registration or renewal for dwelling contractor qualifiers. The state of Illinois does not regulate dwelling contractor qualifiers.
Illinois, Iowa and Michigan have not yet updated their code to reflect the discontinuation of the ASME QEI Accreditation Program. The Department of Licensing and Regulatory Affairs directly certifies elevator inspectors in Michigan.
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17. Contact Name
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18. Contact Phone Number
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Katie Paff
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608-261-4472
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This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services —
Controlled Substances Board
