Statement of Scope
Department of Safety and Professional Services
1. Finding/nature of emergency (Emergency Rule only): N/A
2. Detailed description of the objective of the proposed rule:
The objective of the proposed rule is to evaluate and update the fees in chapter SPS 305 to ensure that the rules comply with statutory mandates relating to fees collected for various department functions with the purpose of making sure the fees mirror, as close as possible, the costs of the services provided. Other chapters may also be reviewed to check for cross-references and for clarity, consistency, and format which may result in non-substantive revisions.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
Chapter SPS 305 establishes licensing, certification, and registration programs for a variety of building related trades, both for individuals and businesses. Cost of providing those mandatory services change over time, which means that a review of the existing fees and the mechanism by which they are set is required to ensure compliance with various statutory obligations. 4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 101.02 (1) (b), 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..." Section 101.19 (1g), Stats., states “[t]he department, by rule promulgated under chapter 227, shall fix and collect fees which shall, as closely as possible, equal the cost of providing the following services: (a) The examination of plans for public buildings, public structures, places of employment and the components thereof.
(am) The services specified by s. 101.12 (3) (am) and (bq) and (3m).
(b) The required inspection of boilers, pressure vessels, refrigeration plants, liquefied petroleum gas vessels, anhydrous ammonia tanks and containers, escalators, dumbwaiters, and amusement or thrill rides but not of amusement attractions.
(bm) The inspection by the department of lifts, as defined in s. 167.33 (1) (f).
(c) Determining and certifying the competency of inspectors, blasters and welders.
(d) Each inspection of a facility conducted to ensure that the construction is in accordance with the plans approved by the department.
(f) Administration of the manufactured dwelling program, the one-family and two-family dwelling programs, and the manufactured home and mobile home program.
(g) The inspection and investigation of accidents.
(h) Inspections of mines, tunnels, quarries, pits and explosives.
(j) The licensing and inspection of fireworks manufacturers under s. 167.10 (6m).
(k) Administering subch. VII, except that the department may not charge a fee for an emergency elevator mechanic's license under s. 101.985 (2) (c).
(L) Issuing licenses to retailers, as defined in s. 101.16 (1) (d), of liquefied petroleum gas under s. 101.16 (3g), except as provided in sub. (1m).”
Section 145.08 (1), Stats., states “[t]he department shall establish fees by rule for the examinations, licenses, and registrations specified in this section. The fees established by the department shall as closely as possible equal the cost of providing the following services: (a) Administering a master plumber's examination.
(b) Issuing a master plumber's license.
(c) Administering a journeyman plumber's examination.
(d) Issuing a journeyman plumber's license.
(e) Issuing a temporary permit pending examination and issuance of a license for master plumber or journeyman plumber.
(f) Administering a master plumber's (restricted) examination.
(g) Issuing a master plumber's license (restricted).
(h) Administering a journeyman plumber's (restricted) examination.
(i) Issuing a journeyman plumber's license (restricted).
(k) Administering an automatic fire sprinkler contractor's examination.
(L) Issuing an automatic fire sprinkler contractor's license.
(Lm) Issuing an automatic fire sprinkler — maintenance only registration.
(m) Administering a journeyman automatic fire sprinkler fitter's examination.
(n) Issuing a journeyman automatic fire sprinkler fitter's license.
(nm) Issuing an automatic fire sprinkler fitter — maintenance only registration certificate.
(o) Issuing a utility contractor's license.
(q) Issuing a pipelayer's registration.”
Section 227.11 (2) (a) states that “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute…”
