EmR2035 Rule Text

Summary of, and comparison with, existing or proposed federal statutes and regulations:

None.

Comparison with rules in adjacent states:

Illinois:

Illinois adopts nationally recognized elevator safety standards, including ASME A17.1‑2013 [41 Ill. Adm. Code 1000.60]. These standards regulate the space allowed between the hoistway door and the car door or gate of a private residence elevator.

Iowa:

Iowa adopts nationally recognized elevator safety standards, including ASME A17.1‑2016 [875 IAC 72.1(11)]. These standards regulate the space allowed between the hoistway door and the car door or gate of a private residence elevator.

Michigan:

Michigan adopts nationally recognized elevator safety standards, including ASME A17.1‑2010 [Mich Admin Code, R 408.7003]. These standards regulate the space allowed between the hoistway door and the car door or gate of a private residence elevator.

Minnesota:

Minnesota adopts nationally recognized elevator safety standards, including ASME A17.1‑2010 (Minnesota Rules, Part 1307.0015). These standards regulate the space allowed between the hoistway door and the car door or gate of a private residence elevator.

Summary of factual data and analytical methodologies:

A review of ch. SPS 318 with recent updates incorporated revealed that provisions identified as posing a significant safety issue were not removed as intended by the Department and Conveyance Safety Code Council. Specifically, the provisions identified concern the space allowed between the hoistway door and the car door or gate of a private residence elevator. The emergency rule will remove these provisions as intended, reducing the likelihood of a child being seriously injured or killed as a result of fitting in this space.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The analysis used to determine the effect on small business and in preparation of the economic impact analysis for Clearinghouse Rule CR 19-118, the recent comprehensive update to the Wisconsin Conveyance Safety Code, was made under the assumption the provisions identified in the emergency rule had already been removed. Therefore, there is no anticipated effect of the emergency rule on small business beyond any effect previously identified in the analysis for CR 19-118.

Fiscal estimate:

These emergency rules will not have a fiscal impact beyond any fiscal impact identified in the economic impact analysis for Clearinghouse Rule CR 19-118.

Effect on small business:

These emergency 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 [e-mail], or by calling [phone].

Agency contact person:

Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366, or by email to [e-mail]. Comments must be submitted by the date and time at which the public hearing on these emergency rules is conducted. Information as to the place, date, and time of the public hearing will be published on the Legislature’s website and in the Wisconsin Administrative Register.

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TEXT OF RULE

Section 1.   SPS 318.1705 (3) (c) (intro.) is renumbered SPS 318.1705 (3) (c) and amended to read:

SPS 318.1705 (3) (c) Substitute the following wording for the requirements in ASME A17.1 section 5.3.1.7.2: The clearance between the hoistway door and the floor surface may be up to 3/8 inch.

Section 2.   SPS 318.1705 (3) (c) 1. to 5. are repealed.

Section 3.   Effective date. The rules adopted in this order shall take effect upon publication in the official state newspaper, pursuant to s. 227.22 (2) (c), Stats.

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(END OF TEXT OF RULE)

Dated _________________   Agency __________________________________

            Secretary

          Department of Safety and Professional Services