CR 15-043 Rule Text

STATE OF WISCONSIN

Department of Safety and Professional Services

IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE

DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES

PROPOSED ORDER OF THE DEPARTMENT OF SAFETY AND

PROFESSIONAL SERVICES ADOPTING RULES

(CLEARINGHOUSE RULE )

PROPOSED ORDER

An order of the Department of Safety and Professional Services to renumber Chapters SPS 320 – 325 Appendix;

to renumber and amend SPS 321.225 (intro.) and (1) to (6), and 324.01;

to amend SPS 320.04 (6) (d) (Note), 320.09 (1) (Note) [17] and (9) (c) (Note), 320.19 (1) (b) (Note) and (2) (c) (Note), 321.02 (1) (d) (Note) and (3) (b) 2., 321.03 (1) (e) (Note), 321.04 (3) (b) 5. c. (Note), 321.125 (3) (c) (Note) and (6) (b) (Note), 321.16 (2) (c) 3. (Note), 321.17 (3) (e) (Note) [2], 321.18 (1) (d) c., 321.22 (1) (a) (Note), (3) (a) Table 321.22-A2 (Footnote) [2] and (6) (b) 3. c., 321.25 (1) (Note) [1], 321.25 Figure 321.25-A, (8) (d) 1. and (8) (d) 2., 321.27 (1) (b), (2) (Note) and (5) (b) (Note), and 321.40 (1) (h) (Note);

and to create SPS 321.225 (2), 321.24 (3) (d) 8. and (Note), 324.01 (2) and (Note), and Chapters 320 to 325 Appendix B, relating to one- and two-family dwellings.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted:

Sections 101.63 (intro.) and (1) (intro.) and (5).

Statutory authority:

Sections 227.11 (2) (a) and 101.63 (intro.) and (1) (intro.).

Explanation of agency authority:

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.

Sections 101.63 (intro.) and (1) (intro.) require the Department to adopt rules which establish standards for the construction and inspection of one- and two-family dwellings and components thereof. No set of rules may be adopted that has not taken into account the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions.

Related statute or rule:

Various other statutes and rules promulgated by the Department address construction and inspection of dwellings, public buildings and places of employment.

Plain language analysis:

These rules provide prescriptive deck standards which explain, in laymens terms, how to build an outdoor deck for one- and two-family dwellings. The bulk of these rules will form an appendix to the Uniform Dwelling Code (UDC). These standards do not impose new restrictions beyond the current UDC requirements and do not preclude the use of different deck materials and methods than those prescribed in these rules, as long as the deck meets the provisions of the UDC.

Summary of, and comparison with, existing or proposed federal regulation:

An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register did not find any federal regulations relating to the rule revisions herein for outdoor decks for one- and two-family dwellings.

Comparison with rules in adjacent states: