DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
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IN THE MATTER OF RULEMAKING : PROPOSED ORDER OF THE
PROCEEDINGS BEFORE THE : DEPARTMENT OF SAFETY
: AND PROFESSIONAL SERVICES
DEPARTMENT OF SAFETY AND : ADOPTING RULES
PROFESSIONAL SERVICES : (CLEARINGHOUSE RULE )
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PROPOSED ORDER
An order of the (board or department) to repeal and recreate SPS 362.3102; and to create SPS 361.04 (15) and (15g), 362.1207, and 362.2902 (5m), relating to recreational and educational camps.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: Section 101.053 Explanation of agency authority:
Section 101.02 (1), Stats., 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..." “(a) The department has such supervision of every employment, place of employment and public building in this state as is necessary adequately to enforce and administer all laws and all lawful orders requiring such employment, place of employment or public building to be safe, and requiring the protection of the life, health, safety and welfare of every employee in such employment or place of employment and every frequenter of such place of employment, and the safety of the public or tenants in any such public building...
(b) The department shall administer and enforce, so far as not otherwise provided for in the statutes, the laws relating to laundries, stores, licensed occupations, school attendance, bakeries, intelligence offices and bureaus, manufacture of cigars, sweatshops, corn shredders, wood-sawing machines, fire escapes and means of egress from buildings, scaffolds, hoists, ladders and other matters relating to the erection, repair, alteration or painting of buildings and structures, and all other laws protecting the life, health, safety and welfare of employees in employments and places of employment and frequenters of places of employment…
(h) The department shall investigate, ascertain, declare and prescribe what safety devices, safeguards or other means or methods of protection are best adapted to render the employees of every employment and place of employment and frequenters of every place of employment safe, and to protect their welfare as required by law or lawful orders.
(i) The department shall ascertain and fix such reasonable standards and shall prescribe, modify and enforce such reasonable orders for the adoption of safety devices, safeguards and other means or methods of protection to be as nearly uniform as possible, as may be necessary to carry out all laws and lawful orders relative to the protection of the life, health, safety and welfare of employees in employments and places of employment or frequenters of places of employment.
(j) The department shall ascertain, fix and order such reasonable standards or rules for constructing, altering, adding to, repairing and maintaining public buildings and places of employment in order to render them safe.”
Section 101.023, Stats., states that the commercial building code council shall review and make recommendations to the department pertaining to rules and any matter related to constructing, altering, adding to, repairing, and maintaining public buildings and buildings that are places of employment. Pursuant this section, the department consulted with the commercial building code council. No recommendations were made. Section 101.053 (2), Stats. requires the Department to promulgate rules revising the commercial building code to create separate standards for the construction and inspection of recreational and educational camps that take into account the unique uses of such camps, including seasonal use. “Except for plans that are reviewed by the department of health services under ss. 50.02 (2) (b), 50.025, 50.36 (2), or 50.92 (3m), the department shall require the submission of essential drawings, calculations and specifications for public buildings, public structures and places of employment including the following components: (a) Heating, ventilation, air conditioning and fire detection, prevention, or suppression systems.
(b) Industrial exhaust systems.
(c) Elevators, escalators, lifts, as defined in s. 167.33 (1) (f), and power dumbwaiters. (d) Stadiums, grandstands, and bleachers.
(e) Amusement and thrill rides equipment.”
Section 101.12 (3m) (a), Stats. states that “[t]he department shall promulgate rules for the administration of a program to certify 2nd class cities to perform the examination of essential drawings, calculations and specifications in accordance with sub. (1).” Section 101.12 (3m) (e), Stats. states that “[t]he department shall by rule set fees, to be collected by the 2nd class city and remitted to the department, to meet the department’s costs in enforcing and administering its duties under this paragraph.” Section 101.82 (1), Stats. requires the electrical code standards promulgated by the Department to take into account the unique uses of recreational and educational camps, including seasonal use. Section 145.02 (2) (b), Stats. requires the separate plumbing standards established for camping units in a fixed location in a campground to take into account the unique uses of recreational and educational camps, including seasonal use. Section 227.11(2)(a), Stats. empowers the Department of Safety and Professional Services to promulgate rules interpreting the provision of any statute the Department enforces or administers. Related statute or rule:
Section 101.053, Stats. defines Recreational and Educational Camps. Plain language analysis:
The department, in conjunction with the Commercial Building Code Council, will review the existing code as it relates to standards for recreational and educational camps. The Wisconsin Commercial Building Code, SPS 361-366, contains standards for the design, construction, maintenance, use and inspection of commercial buildings, public buildings, and places of employment. The agency will consider making changes to the code in order to create separate standards for the construction and inspection, the installation, repair, and maintenance of electrical wiring, and plumbing standards for recreational and educational camps. These standards will take into account uses, including seasonal use, that are unique to recreational and educational camps.
Summary of, and comparison with, existing or proposed federal regulation:
The federal government generally does not require plan review of commercial buildings or special standards for the construction of recreational and educational camps. Below are the portions of the code of federal regulations that relate to worker safety, energy efficiency and accessibility requirements, which in some cases may require a declaration or assurance from the project designer that the project meets these requirements.
Commercial Buildings that Serve as Workplaces
29 CFR 1910 – Occupational Safety and Health Administration. This section sets requirements for safety in commercial buildings that serve as workplaces. Part 29 CFR 1926 contains safety requirements, installation requirements, and environmental considerations for special equipment necessary to safeguard employees working in special industries. Energy Conservation Requirements
10 CFR 420 – State Energy Program. The purpose of this regulation is to promote the conservation of energy, reduce the rate of growth of energy demand, and reduce dependence on imported oil through the development and implementation of comprehensive state energy programs. This regulation initially required that each state’s energy conservation rules for new buildings be no less stringent than the provisions of the 2004 edition of ASHRAE Standard 90.1, Energy Standard for Buildings Except Low-Rise Residential Buildings. 10 CFR 434 – Energy Code for New Federal Commercial and Multi-Family High Rise Residential Buildings. The provisions of this part provide minimum standards for energy efficiency for the design of new Federal commercial and multi-family high rise residential buildings. The performance standards are designed to achieve the maximum practicable improvements in energy efficiency and increases in the use of non-depletable sources of energy. This rule is based on the ASHRAE/IESNA Standard 90. 10 CFR 435 – Energy Conservation Voluntary Performance Standards for New Buildings; Mandatory for Federal Buildings. This regulation establishes energy conservation voluntary performance standards for the design of new commercial and multi-family high rise residential buildings. Accessibility Requirements
