7. 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
There are several existing federal regulations that relate to the installation of electrical wiring and equipment. Some of these regulations require compliance with various editions of the National Electrical Code® (NEC
®), which is adopted by reference in chapter SPS 316. A search of the Code of Federal Regulations (CFR) found the following regulations pertaining to activities that may be covered by this rule.
• Title 29 CFR, Sections 1910.302 through 1910.308 — Design Safety Standards for Electrical Systems, and 1910.331 through 1910.335 — Electrical Safety-Related Work Practices Standards. Subpart S of this regulation in the Department of Labor contains design safety standards for electrical systems, safety-related work practices and maintenance requirements and safety requirements for special electrical equipment to safeguard employees in their workplaces. Subpart R contains industrial lighting requirements and safe practices relating to lockouts and emergency lighting requirements for the safety of employees working in special industries. These regulations are part of the federal Occupational Safety and Health Administration's standards.
• Title 29 CFR, Part
1926 — Safety and Health Regulations for Construction. Subpart K of this regulation in the Department of Labor contains installation safety requirements, and safety requirements and environmental considerations for special equipment necessary to safeguard employees working in special industries.
• Title 30 CFR, Part
75 — Mandatory Safety Standards — Underground Coal Mines. Subpart F contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines.
•
Title 30 CFR, Part
57 — Safety and Health Standards — Underground Metal and Nonmetal Mines. Subpart K of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines.
•
Title 24 CFR, Part
3280 — Manufactured Home Construction and Safety Standards. Subpart I of this regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 2005 NEC.
•
Title 7 CFR, Part
1755 — Telecommunication Standards and Specifications for Materials, Equipment, and Construction. This regulation in the Department of Agriculture applies to telecommunications wiring and equipment and requires compliance with the NEC.
8. Anticipated Economic Impact of Implementing the Rule
The Department believes that the proposed changes will have little or no adverse economic impact. Nevertheless, it plans to solicit information and advice from businesses, local government units, and individuals in relation to the economic effects of the new provisions.
Contact Person
Safety and Professional Services
This statement of scope was approved by the governor on April 17, 2014.
Rule No.
Relating to
Plumbing products approval.
Rule Type
Emergency and permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Under current law, certain plumbing products, such as water treatment and water softening devices, may receive two separate approvals before their use is permitted in Wisconsin. The first approval is usually issued by a third party, such as NSF International, and based on a national standard. The second layer of approval derives from ch.
SPS 384 which describes situations when a plumbing product must also be submitted to the Department for review and approval. Due to the extreme and prolonged freezing this winter, it is expected that a greater number of private well owners will choose to upgrade their water supply systems at this time. The Department has reason to believe its secondary review delays or prevents Wisconsin residents from readily accessing plumbing products that would improve the safety of Wisconsin's drinking water this spring. These products have been approved under national plumbing standards and are available to consumers of other states but have not yet completed the Department's review process. Promulgating revisions through the emergency rule process is needed to avoid delays in the utilization of these technologies.
2. Detailed Description of the Objective of the Proposed Rule
The objective of this rulemaking project is to streamline the Department's plumbing products approval processes outlined in ch.
SPS 384. The Department will consider eliminating its approval process for water treatment products that are already certified under nationally recognized standards.
The Department seeks to increase the efficiency of its plumbing product review processes and ease administrative burdens on manufacturers. These goals are substantially in accordance with Governor Walker's Executive Order No. 61 which directs the Department to analyze its rules to increase efficiency and decrease costs to small businesses.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Plumbing products are usually reviewed and approved by third party inspectors based on prevailing national standards without the Department's additional review. Chapter
SPS 384 describes certain situations when a producer of plumbing products must submit materials for the Department's review. For these products, the Department's review is required even after a national certification has been obtained. Water treatment devices or bottled water vending machines that are listed as complying with NSF Standard 44 do not require additional review by the Department; however, water treatment devices that comply with other national standards must still obtain a second approval from the Department. Wisconsin is one of only a handful of states that require additional product approval beyond a national certification.
The Department would like to deem other national standards that assure the quality of plumbing products sufficient for approval without the Department's secondary review. This would maintain a high standard for plumbing products while decreasing the time Department staff spend reviewing product submissions. It also decreases the costs to companies who have already paid for testing pursuant to a national standard by relieving them of the cost of a second review. For these reasons, the Department would like to exempt other nationally certified plumbing products from the second layer of review currently required.
Not conducting this review would result in unnecessary costs to product manufacturers, consumers of plumbing equipment, and the Department.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Generally,
Wis. Stat. s. 227.11 (2) (a) empowers the Department of Safety and Professional Services to promulgate rules interpreting the provision of any statute the Department enforces or administers.
The Department also has the following duties and powers:
Wis. Stat. s. 101.02 (1) states, “[t]he 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."
Wis. Stat. s. 145.02 Powers of department.
(1) The construction, installation and maintenance of plumbing in connection with all buildings in this state, including buildings owned by the state or any political subdivision thereof, shall be safe, sanitary and such as to safeguard the public health and the waters of the state.
(2) The department shall have general supervision of all such plumbing and shall after public hearing prescribe and publish and enforce reasonable standards therefor which shall be uniform and of statewide concern so far as practicable. Any employee designated by the department may act for the department in holding such public hearing. To the extent that the historic building code applies to the subject matter of these standards, the standards do not apply to a qualified historic building if the owner elects to be subject to s.
101.121.
(3) The department may exercise such powers as are reasonably necessary to carry out the provisions of this chapter. It may, among other things:
(b) Conduct investigations and experiments for the advancement of technical knowledge relating to plumbing and may hold public meetings and attend or be represented at such meetings within or without the state.
(f) Issue special orders directing and requiring compliance with the rules and standards of the department promulgated under this chapter whenever, in the judgment of the department, the rules or standards are threatened with violation, are being violated or have been violated. The circuit court for any county where violation of such an order occurs has jurisdiction to enforce and shall enforce any order brought before it by injunctive and other appropriate relief. The attorney general or the district attorney of the county where the violation of the order occurs shall bring action for its enforcement. The department may issue an order under this paragraph to abate a violation of s.
254.59.
(g) By rule, fix fees for the examination and approval of plans of plumbing systems and collect the same.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to revise the rules is expected to be approximately 80 hours. This time includes research, consulting, drafting the rule revisions, consulting with stakeholders, processing the rule revisions through public hearings, legislative review, and adoption. There are no other resources necessary to revise the rules.
6. List with Description of all Entities that may be Affected by the Proposed Rule
This rulemaking project may affect plumbing product manufacturers, plumbers, building owners, home owners, retail stores, and the people they serve.
7. 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
An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register revealed the following laws and regulations related to plumbing products:
•
42 USC § 1417. The Reduction of Lead in Drinking Water Act. This federal law amends the Safe Drinking Water Act (SDWA) and sets new, lower standards for the amount of lead permissible in plumbing products that come into contact with potable water. The U.S. Environmental Protection Agency (EPA) has primary responsibility for interpreting the SDWA with individual states using health or plumbing codes or other standards consistent with the SDWA and EPA regulations to enforce those standards. The new law reduces the permissible levels of lead in the wetted surfaces of pipes, pipe fittings, plumbing fittings and fixtures to a weighted average of not more than 0.25%.
•
40 CFR § 141. Primary Drinking Water Regulations. These regulations set maximum levels for contaminants in drinking water.
•
10 CFR § 430.31-
35. Energy and Water Conservation Standards. The Energy Policy and Conservation Act, as amended (EPCA), requires the Department of Energy to administer an energy and water conservation program for certain major household appliances and commercial equipment, including certain plumbing products.
•
16 CFR § 305.16. This section establishes requirements for consumer appliance products including many plumbing products. It sets requirements for labeling and energy consumption.
8. Anticipated Economic Impact of Implementing the Rule
The Department believes the proposed changes will have no adverse economic impact. The changes under consideration are intended to alleviate unnecessary economic burdens on plumbing product manufacturers and their customers. The revisions are also anticipated to decrease the Department's costs of administration.
Contact Person
Safety and Professional Services
Plumbing, Chs.
381—387
General Part IV, Chs.
388—
This statement of scope was approved by the governor on April 28, 2014.
Rule No.
Relating to
Comprehensive update of the POWTS (private onsite wastewater treatment systems) and Wisconsin Fund (POWTS replacement and rehabilitation financial assistance fund) codes.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The major objective of this proposed rule is to conduct a comprehensive update of the POWTS, (private onsite wastewater treatment systems) and the Wisconsin Fund (POWTS replacement and rehabilitation financial assistance fund) codes. This revision may result in revisions being made to other chapters in the state plumbing code, specifically: ch.
SPS 381, definitions and standards, ch.
SPS 382, plumbing installation, ch.
SPS 384, plumbing products, ch.
SPS 385, soil and site evaluation, and possibly ch.
SPS 391, sanitation.
The POWTS code, ch.
SPS 383, has not been reviewed in its entirety since April 2000. Recent technological advances and improved methodologies will be reviewed for possible inclusion in this revision.
Under s.
145.245 (7) (c), Stats., the funding tables for the Wisconsin Fund code, ch.
SPS 387, are to be revised when it is determined that 60% of current costs of private sewage system rehabilitation or replacement exceed the amounts in the grant funding tables by more than 10% and shall not revise these table more than every two years. These tables were last revised in February 1999.
The provisions of Executive Order 61 establish the basis for the department's comprehensive review with respect to assisting small business owners, reducing economic impact on small business, creating job growth, and identifying strategies for increasing code compliance. Any statutory changes enacted after the last revision that affect these rules will also be used as a basis for revision, as well as incorporating by reference updated national standards and recognizing current technology and methodology where related to the POWTS code. In developing the proposed rules, the department expects to utilize the input from an advisory code council with representatives from various sectors of the industry.
In addition, corrections may be made to correct typographical errors, and update statutory references, internal cross references, and Notes to reflect current information. Appendix material, where appropriate, will direct readers to the information via a URL link; some material now copied in whole or part in the Appendix may be deleted; Notes within the rule text will include a URL link to the appropriate information.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
These revisions may be based on one or more of the following: petitions received since the last code update, comparison of the 2012 International Private Sewage Disposal Code, field observations, and knowledge of improved technology, processes and methods. A review of the funding requests for the Wisconsin Fund will also be undertaken to determine any changes needed in the funding assistance tables.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a), 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
145.02, Stats.: The authority provides that all plumbing in connection with buildings and facilities in the state, including buildings owned by the state or any political subdivision thereof, shall be safe, sanitary and such as to safeguard the public health and the waters of the state.
Section
145.245 (5) (c) 4., Stats.: The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of federal adjusted gross income or projected federal adjusted gross income in a current year.
Section
145.245 (5) (d) 2., Stats.: The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of gross revenue in a prior taxable year.
Section
145.245 (5) (d) 4., Stats.: The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of gross revenue in a current year.
Section
145.245 (7) (c), Stats.: The department shall prepare and publish private on-site wastewater treatment system grant funding tables which specify the maximum state share limitation for various components and costs involved in the rehabilitation or replacement of a private on-site wastewater treatment system based upon minimum size and other requirements specified in the state plumbing code promulgated under s.
145.02, Stats.
5. 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 650 hours will be needed to perform the review and develop the proposed rule revisions. This time includes comparing updated national standards, meeting with stakeholders, drafting the rule revisions, and processing the revisions through public hearings, legislative review, and adoption. The Department will assign existing staff to perform the review and develop the rule revisions, and no other resources will be needed.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Public and private entities that own private sewage systems (POWTS) or are involved in program administrative functions such as soil testing, design, installation and construction, inspection and maintenance, as well as product manufacture and sales. Homeowners and small business owners that may be eligible for financial assistance in the replacement or rehabilitation of a POWTS.
7. 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
7 CFR 1924.107, utilities, all development under this subpart must have adequate, economic, safe, energy efficient, dependable utilities with sufficient easements for installation and maintenance. (Utilities include POWTS.)
