(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 and stakeholders, reviewed 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 has determined 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 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
Both 28 CFR 35 and 28 CFR 36 require public buildings and commercial facilities, including government-owned and operated buildings, be designed, constructed and altered in compliance with the accessibility construction regulations specified under the federal Americans with Disabilities Act Accessibility Guidelines (ADAAG). The purpose of 24 CFR 40 and 24 CFR 41 is to provide technical guidance on the design and construction of dwelling units as required by the federal Fair Housing Amendments Act of 1988. Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:
N/A
Comparison with rules in adjacent states:
Illinois:
The State of Illinois defines youth camps as land used for recreational or instructional purposes, which is used for philanthropic or charitable patronage and that accommodates 5 or more children under 18 years of age for 3 or more consecutive days, or 5 days or more during the calendar year. The site may be equipped with temporary or permanent buildings. [210 ILCS 100 Section 3.01] Illinois law also requires a license for any person wants to establish, maintain, conduct, or operate a youth camp. [210 ILCS- 100 Section 5]. Additionally, Illinois defines recreational area as any area of land which is free of charge or is charged for recreational activities and do not include primitive areas surrounding woodlands, croplands, pasturelands, prairielands, wetlands, or water areas in which any recreation is allowed without revenue purposes. [210 ILCS 95 Section 2].
All plumbing in youth camps shall be in compliance with the Illinois Plumbing Code (77 Ill. Admin. Code 890) and shall provide a minimum of one water closet for each 20 persons [77 Ill. Admin. Code 810 Section 120]. Electrical systems shall be designed, constructed, and maintained according to the National Fire Protection Association’s National Electrical Code 1984 edition (NFPA 70-1984) [77 Ill. Admin. Code 810 Section 140]. However, recreational area’s electrical system constructed after July 1, 1990 shall comply with National Fire Protection Association’s National Electrical Code 1990 edition (NFPA 70-1990) [77 Ill. Admin. Code 800 Section 1600].
Iowa:
The State of Iowa imposes a combination of state required codes and locally adopted codes. When municipalities update their codes, they are required to update to the codes adopted by the state. The Iowa Building Code Bureau adopts the IBC, IRC, IMC, IEBC and IECC. The State Fire Marshal adopts the IFC. The Iowa Plumbing and Mechanical Code Advisory Council is responsible for the adoption of the state plumbing code. The state adopted versions of IFC and IECC are required to be enforced for all occupancies statewide by state and local government enforcement agencies. Local jurisdictions have the option of adopting the remaining state adopted codes or a stricter code as determined by the jurisdiction. Consequently, many local jurisdictions have adopted the IPC.
The Iowa Code with amendments is based on the 2015 editions of the International Codes, except for the IMC which is the 2021 edition and the IECC which is the 2012 edition. The state IFC and IECC are required for all construction.
The provisions of the National Electrical Code, 2020 edition, published by the National Fire Protection Association, are adopted as the requirements for all electrical installations [661 IAC 504.1 (103)], and the Uniform Plumbing Code, 2021 Edition, as published by the International Association of Plumbing and Mechanical Officials, are hereby adopted by reference with amendments as the state plumbing code authorized by Iowa Code [641 IAC 25.1 (105)].
No special rules have been adopted for youth, recreational, or educational camps.
Michigan:
