Amendment ASA1-AB388

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2007 - 2008 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2007 ASSEMBLY BILL 388

December 6, 2007 - Offered by Representative Newcomer.

AB388-ASA1,1,7 An Act to amend 20.143 (3) (j), 101.02 (20) (a) and 101.02 (21) (a); and to create 15.157 (15) and 101.136 of the statutes; relating to: the licensing and regulation of thermal system insulation mechanics; creating a thermal system insulation council; requiring the employment of a state inspector; establishing standards for installing and maintaining thermal system insulation; requiring the exercise of rule-making authority; making an appropriation; and providing a penalty.

Analysis by the Legislative Reference Bureau

The Department of Commerce (Commerce) administers various laws, including building codes, that promote safety in public and private buildings and in the subsystems of those buildings. To that end, Commerce issues various licenses, permits, registrations, and other credentials (licenses) to persons engaged in the construction trades, such as electricians and plumbers. Commerce also administers and issues licenses in connection with the administration of other laws relating to public safety, such as those regulating fireworks and the storage of flammable liquids.

This substitute amendment requires Commerce to regulate the business of installing and maintaining thermal system insulation in commercial and industrial buildings and in residential buildings that contain four or more residential units. The substitute amendment defines thermal system insulation as a product used in a heating, ventilating, cooling, plumbing, or refrigeration system (heating or cooling system) to insulate any hot or cold surface on or in a building. The substitute amendment requires Commerce to license most persons who install and maintain thermal system insulation in heating and cooling systems (mechanics). The substitute amendment also requires Commerce to employ a state thermal system insulation inspector (state inspector). The substitute amendment establishes a thermal system insulation council (council). The council is responsible for recommending to Commerce requirements for the licensure of mechanics. The council must also provide other advice to Commerce including recommending training and continuing education requirements for mechanics.

Under the substitute amendment, the state inspector must have at least ten years of experience as a mechanic and must have successfully completed a four-year apprenticeship program in installing and maintaining thermal system insulation. The state inspector must inspect buildings to determine whether the buildings comply with standards established by Commerce for the installation and maintenance of thermal system insulation (state standards). The state inspector must also keep complete and accurate records of all inspected buildings and give notice of noncompliance to the owner of every building who fails to comply with state standards. The substitute amendment authorizes the state inspector to enter and inspect buildings and to issue orders requiring the owner of a building to make repairs or alterations that are necessary for the building to comply with state standards. Under the substitute amendment, the state inspector must also provide assistance and information to local building inspectors who inspect buildings for compliance with the standards established by Commerce under this substitute amendment.

The substitute amendment establishes minimum licensing requirements for thermal system insulation mechanics. Under the substitute amendment, a person may not obtain a mechanic's license unless he or she has acquired a specified amount of experience installing and maintaining thermal system insulation and passed a written examination approved by Commerce or has successfully completed an approved apprenticeship program. The licensing requirement under the substitute amendment does not apply to a person who makes only minor repairs to thermal system insulation.

The substitute amendment allows Commerce to waive any licensing requirement for mechanics for a person who is licensed in another state in which the standards for licensure are at least as strict as the requirements under the substitute amendment. It also allows Commerce to waive any licensing requirement for experienced mechanics who submit evidence satisfactory to Commerce that the mechanic is qualified for licensure. The substitute amendment also provides that Commerce may not renew a license issued to a mechanic unless the mechanic completes a continuing education course during the previous license period that is approved by Commerce.

The substitute amendment authorizes Commerce to directly assess a forfeiture by issuing an order against any person who installs, or contracts to install, insulation products without a license or who fails to comply with an order issued by the state inspector.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB388-ASA1, s. 1 Section 1. 15.157 (15) of the statutes is created to read:

AB388-ASA1,3,6 15.157 (15) Thermal system insulation council. There is created in the department of commerce a thermal system insulation council consisting of the state thermal system insulation inspector who shall serve as a nonvoting secretary of the council, the secretary of commerce or his or her designee, and the following members appointed for 3-year terms:

AB388-ASA1,3,7 (a) Two members who represent major insulation companies.

AB388-ASA1,3,9 (b) One member who is an architect licensed to do business in this state with work experience in the area of indoor air quality.

AB388-ASA1,3,11 (c) Two members who are mechanics with at least 10 years of experience in the area of heat and frost insulation.

AB388-ASA1,3,12 (d) One member who is a general contractor in this state.

AB388-ASA1, s. 2 Section 2. 20.143 (3) (j) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:

AB388-ASA1,4,5 20.143 (3) (j) Safety and building operations. The amounts in the schedule for the purposes of chs. 101, 145, and 168 and ss. 101.136 (4) (b), 236.12 (2) (a), 236.13 (1) (d) and (2m), and 236.335, for the purpose of transferring the amounts in the schedule under par. (kg) to the appropriation account under par. (kg), and for the purpose of transferring the amounts in the schedule under par. (km) to the appropriation account under par. (km). All moneys received under ch. 145, ss. 101.177 (4) (a) 4., 101.178, 101.19, 101.63 (9), 101.654 (3), 101.73 (12), 101.82 (4), 101.955 (2), 101.973 (7), and 236.12 (7), except moneys received under s. 101.9208 (2m), and all moneys transferred under 2005 Wisconsin Act 45, section 76 (6), shall be credited to this appropriation.

AB388-ASA1, s. 3 Section 3. 101.02 (20) (a) of the statutes, as affected by 2005 Wisconsin Act 456, is amended to read:

AB388-ASA1,4,13 101.02 (20) (a) For purposes of this subsection, "license" means a license, permit or certificate of certification or registration issued by the department under ss. 101.09 (3) (c), 101.122 (2) (c), 101.136, 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2) or (2m), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).

AB388-ASA1, s. 4 Section 4. 101.02 (21) (a) of the statutes, as affected by 2005 Wisconsin Act 456, is amended to read:

AB388-ASA1,4,21 101.02 (21) (a) In this subsection, "license" means a license, permit or certificate of certification or registration issued by the department under s. 101.09 (3) (c), 101.122 (2) (c), 101.136, 101.143 (2) (g), 101.15 (2) (e), 101.17, 101.177 (4) (a), 101.178 (2) or (3) (a), 101.63 (2), 101.653, 101.73 (5) or (6), 101.82 (2), 101.87, 101.935, 101.95, 101.951, 101.952, 101.985 (1) to (3), 145.02 (4), 145.035, 145.045, 145.15, 145.16, 145.165, 145.17, 145.175, 145.18 or 167.10 (6m).

AB388-ASA1, s. 5 Section 5. 101.136 of the statutes is created to read:

AB388-ASA1,4,24 101.136 Regulation of thermal system insulation installation. (1) Definitions. In this section:

AB388-ASA1,5,3 (a) "Building" means a commercial, industrial, or residential building, structure, or facility, as defined by the department by rule, but does not include a residential building, structure, or facility that contains 3 or fewer residential units.

AB388-ASA1,5,6 (b) "Building inspector" means a person who is certified under rules promulgated by the department to make inspections of public buildings and places of employment.

AB388-ASA1,5,7 (c) "Council" means the thermal system insulation council.

AB388-ASA1,5,9 (d) "Mechanic" means a person who installs or maintains thermal system insulation in heating, ventilating, cooling, plumbing, and refrigeration systems.

AB388-ASA1,5,10 (e) "State inspector" means the state thermal system insulation inspector.

AB388-ASA1,5,14 (f) "Thermal system insulation" means a product that is used in a heating, ventilating, cooling, plumbing, or refrigeration system to insulate any hot or cold surface including a pipe, duct, valve, boiler, flue, or tank, or equipment on or in a building.

AB388-ASA1,5,16 (2) Duties of the thermal system insulation council. (a) The council shall do all of the following:

AB388-ASA1,5,18 1. Recommend to the department rules establishing standards for the installation and maintenance of thermal system insulation in buildings.

AB388-ASA1,5,21 2. Recommend to the department requirements for the licensure of mechanics and circumstances under which the department may take disciplinary action against a mechanic including suspension and revocation of a license.

AB388-ASA1,5,22 3. Recommend to the department qualifications for the state inspector.

AB388-ASA1,5,24 4. Recommend to the department training and continuing education requirements for mechanics.

AB388-ASA1,6,3 (b) The council may consult with engineering authorities and other organizations concerned with safety and health issues related to thermal system insulation and mold in performing its duties under this subsection.

AB388-ASA1,6,8 (3) Inspection. (a) The department shall employ a person who has at least 10 years of experience as a mechanic, and who has successfully completed a 4-year apprenticeship program in installing and maintaining thermal system insulation, as the state inspector. The state inspector shall work under the direct supervision of the secretary or his or her designee.

AB388-ASA1,6,9 (b) The state inspector shall do all of the following:

AB388-ASA1,6,16 1. Inspect buildings constructed, or in which the mechanical systems have been altered, on or after the first day of the 19th month beginning after the effective date of this subdivision .... [revisor inserts date], to determine whether the installation or maintenance of thermal system insulation in those buildings complies with the standards established by the department under sub. (4) (d). The state inspector shall conduct the inspections on a random basis and whenever requested to do so by a local building inspector.

AB388-ASA1,6,19 2. Provide assistance and information to local building inspectors who inspect buildings for compliance with the standards established by the department under sub. (4) (d).

AB388-ASA1,6,24 3. Keep complete and accurate records of all inspected buildings including a list identifying all buildings that are in compliance with the standards established by the department under sub. (4) (d), a list of all buildings that are not in compliance with the standards established by the department under sub. (4) (d), and a list of all orders that the state inspector issues under par. (c).

AB388-ASA1,7,3 4. Give written notice of noncompliance to the owner of every building that the state inspector determines does not comply with the standards established by the department under sub. (4) (d).

AB388-ASA1,7,7 (c) The state inspector may issue an order requiring the owner of a building to make repairs or alterations that the state inspector determines are necessary in order for the building to comply with the standards established by the department under sub. (4) (d). The inspector shall issue such an order in writing.

AB388-ASA1,7,9 (4) Rules. The department shall promulgate rules establishing all of the following:

AB388-ASA1,7,11 (a) Requirements for the licensing of mechanics. The rules shall provide that a license issued to a mechanic under this section is valid for 2 years and is renewable.