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STATE OF WISCONSIN
Department of Safety and Professional Services
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ADOPTING EMERGENCY RULES
The statement of scope for this rule, SS 143-15, was approved by the Governor on December 15, 2015, published in Register 720B on December 28, 2015, and approved by the Secretary of the Department of Safety and Professional Services on January 11, 2016.
The Legislature by SECTION 5 of 2015 Wisconsin Act 49 provides an exemption from presenting this rule to the Governor for approval.
ORDER
An order of the Department of Safety and Professional Services to amend SPS 302.34 (6) and 302.52 (2) and create SPS 320.05 (10), 320.07 (10r), ch. 327, 381.01 (50g) and (50r), and 383.32 (1) (i), relating to camping units.
Analysis prepared by the Department of Safety and Professional Services.
EXEMPTION FROM FINDING OF EMERGENCY
The Legislature by SECTION 5 of 2015 Wisconsin Act 49 provides an exemption from a finding of emergency for the adoption of this rule.
ANALYSIS
Statutes interpreted:
Sections 101.63 (1), 101.82 (1), and 145.02 (2) (b), Stats.
Statutory authority:
Sections 101.63 (1), 101.82 (1), and 145.02 (2) (b), Stats.
Explanation of agency authority:
Section 101.63 (1), Stats. requires the department to adopt rules which establish standards for the construction and inspection of one− and 2−family dwellings and components thereof. The rules shall include separate standards, established in consultation with the [uniform] dwelling code council, that apply only to the construction and inspection of camping units that are set in a fixed location in a campground for which a permit is issued under s. 254.47, that contain a sleeping place, and that are used for seasonal overnight camping. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s. 145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings.
Section 101.82 (1), Stats. requires the department to promulgate by rule a state electrical wiring code that establishes standards for installing, repairing, and maintaining electrical wiring. The rules shall include separate standards, established in consultation with the [uniform] dwelling code council, that apply only to electrical wiring in camping units that are set in a fixed location in a campground for which a permit is issued under s. 254.47, that contain a sleeping place, and that are used for seasonal overnight camping. Where feasible, the rules shall reflect nationally recognized standards.
Section 145.02 (2) (b), Stats. requires the department to promulgate rules that establish separate plumbing standards applicable only to camping units that are set in a fixed location in a campground for which a permit is issued under s. 254.47, that contain a sleeping place, and that are used for seasonal overnight camping. If the department has appointed one or more committees under s. 227.13 to advise the department on rule making with respect to private on−site wastewater treatment systems or other plumbing systems, the department shall promulgate the rules required under this paragraph in consultation with those committees.
Related statute or rule:
Rules regulating the design, construction, and administration of campgrounds are in ch. DHS 178. Rules regulating the design, construction, and inspection of one- and two-family dwellings are in chs. SPS 320 to 325.
Plain language analysis:
These rules establish uniform statewide construction standards and inspection procedures for camping units in accordance with the requirements of ss. 101.63 (1), 101.82 (1), and 145.02 (2) (b), Stats.
Summary of, and comparison with, existing or proposed federal regulation:
There are no federal provisions regulating the construction and inspection of camping units.
Comparison with rules in adjacent states:
Illinois:
The Illinois Department of Public Health provides rules for the design, construction, and administration of campgrounds in Illinois (77 Ill. Adm. Code Part 800). This includes provisions for the design and construction of buildings located in a campground (77 Ill. Adm. Code 800.1200) and electrical installation (77 Ill. Adm. Code 800.1600).
Iowa:
The State of Iowa does not have rules specific to the construction and inspection of camping units.
Michigan:
The Michigan Department of Environmental Quality provides rules for the design, construction, and administration of campgrounds in Michigan (Mich Admin Code, R 325.1551 to 325.1599). This includes provisions for the design and construction of structures located in a campground (Mich Admin Code, R 325.1556), plumbing (Mich Admin Code, R 325.1578) and electrical installations (Mich Admin Code, R 325.1583).
Minnesota:
The Minnesota Department of Health provides rules for the design, construction, and administration of campgrounds in Minnesota (Minnesota Rules, chapter 4630). This includes provisions for the design and construction of buildings and sleeping quarters located in children’s camps (Minnesota Rules, parts 4630.2400 and 4630.2500).
Summary of factual data and analytical methodologies:
The department received input regarding the regulation of camping units during meetings with the Dwelling Code Council and the POWTS Advisory Code Council. The makeup of these councils is established under s. 15.407 (10), Stats., and consists of members who are appointed by the Governor.
The Dwelling Code Council includes representatives of several types of small businesses. These businesses provide input on design, construction, and inspection interests relative to the Uniform Dwelling Code and provided guidance and insight regarding camping unit design , construction, and inspection. The POWTS Advisory Code Council provided input on the wastewater treatment aspects of camping units at campgrounds. Through these councils, the department was able to gather information on the potential impacts of the rule revisions contained herein.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
As camping units are currently subject to construction standards and inspection procedures under Wisconsin’s Uniform Dwelling Code (chs. SPS 320 to 325), these rules do not impose new requirements. The purpose of these rules is to, in accordance with the requirements of ss. 101.63 (1), 101.82 (1), and 145.02 (2) (b), Stats., establish uniform statewide construction standards and inspection procedures for camping units.
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