SB698: Bill Text

LRB-3799/1

KRP&MPG:emw

2015 - 2016 LEGISLATURE

2015 Senate BILL 698

February 2, 2016 - Introduced by Senator Stroebel, cosponsored by Representative Vorpagel. Referred to Committee on Government Operations and Consumer Protection.

SB698,3,8 An Act to repeal 15.07 (3) (bm) 3., 15.07 (3) (bm) 6., 15.08 (3) (c), 15.085 (3) (b), 15.405 (1m), 15.405 (10r) (c), 15.407 (18) (c), 66.1019 (3), 101.02 (7m), 101.02 (12), 101.02 (20), 101.02 (21), 101.02 (24), 101.12 (6) (a), 101.125 (2), (3) (b) and (c) and (4m), 101.14 (4m) (a) 3., 101.16 (3g) (b), 101.19 (1r), 101.596 (1) (a), 101.596 (2) (c), 101.596 (3), 101.957, subchapter VI (title) of chapter 101 [precedes 101.971], 101.971 (intro.), (1), (3) and (4), 101.973, 101.974 (intro.), (1), (3) and (5), 101.974 (2), 101.975, 101.976, 101.977 and 101.978, 101.985 (4), chapter 145 (title), 145.035, 145.045 (2), 145.13, 440.03 (16), 440.04 (9), 440.11 (3), 445.08 (4), 457.09 (3) (b) and 457.16 (3); to renumber 145.04, 145.045 (title) and (1), 145.05, 145.06, 145.14, 145.16, 145.17, 145.175, 145.18, 145.19, 145.195 and 145.23; to renumber and amend 15.085 (3) (a), 15.09 (3), 101.02 (1), 101.12 (6) (b), 101.16 (3g) (a), 101.971 (2), 101.974 (4), 145.01, 145.02, 145.045 (3), 145.07, 145.08, 145.09, 145.10, 145.11, 145.12, 145.15, 145.165, 145.20, 145.24, 145.245, 145.26, 440.20 (4), 440.20 (5) and 445.08 (1); to consolidate, renumber and amend 101.125 (3) (intro.) and (a); to amend 15.07 (3) (b), 15.08 (3) (a), 15.085 (5) (b) 1., 15.405 (2) (a), 15.405 (2m) (b), 15.405 (10r) (b), 15.406 (6) (a) 2., 15.407 (10) (b), 15.407 (13) (b), 15.407 (14) (b), 20.165 (2) (a), 20.165 (2) (j), 20.165 (2) (ke), 20.165 (2) (ma), 20.320 (3) (q), 25.46 (5c), 43.09 (1), 45.44 (1) (a) 6., 45.44 (1) (a) 16., 49.857 (1) (b), 49.857 (1) (d) 7., 59.70 (5) (a), 59.70 (5) (b), 60.70 (5), 60.77 (5) (bm), 60.77 (5) (j), 67.12 (12) (a), 73.0301 (1) (d) 5., 100.21 (1) (a), 101.02 (7r) (a), 101.02 (7r) (b) 4., 101.02 (13) (a), 101.10 (4) (a), 101.10 (4) (b), 101.10 (4) (c), 101.12 (1) (a), 101.121 (3) (a), 101.121 (3) (b), 101.125 (4) (a), 101.125 (5), 101.14 (4) (g) 1., 101.14 (4m) (a) 1., 101.1472 (2), 101.17, 101.596 (2) (a) and (b), 101.63 (1) (intro.), 101.63 (2), 101.642 (2), 101.648 (1) (b), 101.653 (5) (b) 2., 101.654 (1) (c) 1., 101.66 (3), 101.73 (2), 101.77, 101.84 (1), 101.862 (4) (p), 101.88 (3), 101.94 (8) (a), 101.951 (7) (a), 101.951 (7) (b), 101.952 (5), 101.965 (1p), 101.985 (5) (a), 101.988 (3), 108.227 (1) (e) 5., 115.33 (1) (a), 118.135 (2), 160.255 (1), 200.21 (11), 200.29 (1) (c) 3. a., 234.49 (1) (e), 254.176 (2) (d), 281.17 (3), 281.344 (8) (b) 3., 281.346 (8) (b) 3., 281.48 (2) (bm), 281.48 (5) (a) 4., 281.48 (5m) (c), 281.59 (1m) (c), 281.75 (18), 321.60 (1) (a) 7., 321.60 (1) (a) 18., 343.305 (6) (bm), 440.03 (3m), 440.03 (7), 440.03 (7m), 440.03 (11m) (a) (intro.), 440.03 (13) (a), 440.03 (13) (am), 440.08 (2) (a) 59., 440.19, 440.205, 440.22 (1), 440.22 (2), 440.92 (9) (b) 3., 443.07 (4), 445.04 (3) (a), 445.04 (3) (b) (intro.), 445.045 (1) (g), 446.02 (7) (d) 1., 446.02 (7) (d) 2., 448.02 (8) (a), 448.07 (1) (a), 448.13 (1) (a) (intro.), 448.13 (2), 448.13 (3), 457.09 (3) (a), 470.05 and 632.10 (1); to repeal and recreate 101.596 (title), 101.63 (1) (intro.), 448.02 (8) (a) and 448.07 (1) (a); and to create 15.07 (3) (c), 15.09 (3) (b), 101.02 (1) (a), 101.02 (1) (c), 101.02 (7r) (g), 101.022, 101.125 (2m), 101.148 (3), 101.94 (5), subchapter VIII (title) of chapter 101 [precedes 101.9911], 440.20 (4) (b), 440.20 (5) (b) and 445.04 (3) (c) of the statutes; relating to: duties and powers of the Department of Safety and Professional Services concerning certain credentialing and occupational licensing functions; mandatory meeting requirements for various boards and councils; membership and rules procedures of certain boards; discipline and examination and other licensure requirements for certain professionals; plumbing and fire protection systems and swimming pool plan review; requiring the exercise of rule-making authority; making appropriations; and providing penalties.

Analysis by the Legislative Reference Bureau

This bill makes numerous changes to the laws governing professional regulation and buildings and safety in this state.

Uniform Professional Credentialing and Occupational Licensing Procedures

The bill makes uniform many of the standards and procedures that apply to the following approvals that are under the authority of the Department of Safety and Professional Services:

1. Licenses, permits, and certificates of certification or registration issued by DSPS, an examining board, or an affiliated credentialing board with respect to various professions, including cosmetology, accounting, architecture, boxing, mixed martial arts, and health professions (professional credentials).

2. Licenses, permits, certificates, registrations, or other approvals issued by DSPS with respect to trades (occupational licenses).

Specifically, this bill requires that any rules promulgated by DSPS that define uniform procedures for the following must conform with rules related to professional credentials: receiving, filing, and investigating complaints against holders of occupational licenses; commencing disciplinary proceedings against holders of occupational licenses; and conducting hearings on matters relating to occupational licenses.

This bill also provides that many laws that apply to professional credentials also apply to occupational licenses, including laws that do all of the following:

1. Govern how and when an application for an initial professional credential or a renewal is granted or denied.

2. Prescribe standards and procedures for how a person may file a complaint against a professional credential holder.

3. Set forth standards and procedures for conducting investigations, commencing disciplinary proceedings, holding hearings, and making findings regarding violations of laws and rules governing professional credential holders.

4. Prescribe the process and procedure for issuing administrative warnings to professional credential holders, reprimanding professional credential holders, and denying, limiting, suspending, and revoking professional credentials.

5. Set forth certain rights and obligations of professional credential holders.

Multifamily Dwelling Code

The bill repeals the statutes, and the authority of DSPS to promulgate rules, that establish standards for the construction of multifamily dwellings and their components. Those statutes and rules are commonly known as the multifamily dwelling code.

Under current law, a county, city, village, or town (municipality) is prohibited from enforcing any ordinance that does not comply with the multifamily dwelling code, except with respect to a preexisting stricter sprinkler ordinance that meets certain requirements. The bill repeals the multifamily dwelling code, including the exception for preexisting stricter sprinkler ordinances, but retains certain powers of DSPS which are incorporated into the provisions that regulate public buildings and buildings that are places of employment (commercial building code).

Under the bill, a multifamily dwelling is subject to the commercial building code if the multifamily dwelling is a "public building," which current law defines to include a building used by the public or by three or more tenants for lodging or occupancy.

Commercial Building Code

The bill requires DSPS to promulgate rules establishing uniform procedures for municipalities to administer the commercial building code and prohibits municipalities from enacting or enforcing an ordinance that does not strictly conform to the rules. Under the bill, administration includes the process an owner must follow when applying for a permit for constructing, altering, or adding to a public building or a building that is a place of employment.

Building Inspector Review Board

The bill eliminates the Building Inspector Review Board and transfers most of the board's authority over building inspectors to DSPS. Under the bill, DSPS, rather than the board, receives and reviews complaints regarding building inspectors and has the authority to revoke a building inspector's certification. The bill also provides that DSPS's authority is not limited to revocation. Under the bill, DSPS also may reprimand a building inspector or deny, limit, suspend, or revoke a building inspector's certification.

The bill eliminates, rather than transfers to DSPS, the authority of the board to modify or reverse erroneous decisions of a building inspector. The bill also eliminates procedures related to how complaints are received, processed, and kept confidential that are specific to complaints against building inspectors.

Penalties for Violations of Law

The bill increases the monetary penalties for certain violations of laws and rules that regulate various aspects of industry, buildings, and safety, including the following: safe storage and handling of anhydrous ammonia; safety glazing material used in hazardous locations; construction standards and inspection procedures for one-family and two-family dwellings; manufacture and installation of modular homes; installation, repair, and maintenance of electrical wiring; manufacture, distribution, and sale of manufactured homes and mobile homes; and installation and operation of elevators, escalators, and other conveyances. The bill also clarifies that certain violations constitute a separate offense for each day of continued violation and creates a penalty for violations by a contractor of notice requirements related to construction or remodeling of a dwelling.

Safety Glazing Material in Hazardous Locations

The bill repeals existing statutory requirements related to labeling, installing, and selling safety glazing material located or to be located in hazardous locations. Under the bill, DSPS must promulgate rules regulating safety glazing material manufactured, distributed, imported, sold, or installed for use in a hazardous location.

Aging Schools Program

The bill repeals an outdated requirement under the aging schools program that DSPS inspect all public schools constructed prior to January 1, 1950, for compliance with certain safety and building requirements.

List of Variances under the Historic Building Code

The bill eliminates the requirement that DSPS maintain a list of all variances from the historic building code granted to owners of qualified historic buildings. Under current law, DSPS may create an historic building code to provide alternative standards for the preservation or restoration of buildings or structures designated as historic buildings, and DSPS may grant variances to any rules or alternative rules if the owner demonstrates that an alternative proposed by the owner accomplishes the same purpose. Under the bill, DSPS is not required to maintain a list of all variances DSPS grants.

List of Licensed Retail Suppliers of Liquefied Petroleum Gas

The bill eliminates the requirement that DSPS publish an annual list of all retail suppliers licensed by DSPS to distribute liquefied petroleum gas.

Frequency of Review of Municipal Construction Site Erosion Control Programs

The bill reduces the frequency with which DSPS must issue a written determination regarding whether a municipality's construction site erosion control program is in compliance with state standards. Under current law, if a municipality elects to exercise jurisdiction over the construction and inspection of new dwellings, DSPS must periodically review the municipality's ordinances related to construction site erosion control for compliance with state standards. As part of the review, DSPS must perform an audit of the municipality's construction site erosion control program and make a written determination regarding whether the municipality is in compliance. The bill changes the frequency of the DSPS written determination from three years to five years.

Alternative Dispute Resolution for Manufactured Housing Industry Disputes

The bill eliminates the requirement that DSPS establish by rule an alternative dispute resolution program for disputes concerning defects in or installation of manufactured homes. Under current law, the ADR program must provide for the timely, nonjudicial resolution of disputes among manufacturers, salespersons, dealers, and installers of manufactured homes if those disputes are reported to DSPS within one year of the date on which a manufactured home is installed.

Manufactured Home Construction and Safety Reports

The bill requires DSPS to prepare and submit all reports required under federal law related to manufactured home construction and safety. Under current law, manufactured homes must be manufactured, assembled, distributed, and sold in compliance with federal statutes and regulations. Those federal laws require reporting by states related to manufactured home construction and safety, and the bill requires DSPS to prepare and submit all required reports.

Temporary Revocable Permits for Master and Journeyman Plumbers

The bill eliminates the authority of DSPS to issue temporary revocable permits to master and journeyman plumbers pending an examination. The bill also eliminates the authority of DSPS to promulgate rules governing the issuance of those permits.

Septic Tank Installers

The bill eliminates references under current law to "septic tank installers" in requirements related to installation of private on-site wastewater treatment systems.

Definition of Public Swimming Pools

The bill changes the definition of public swimming pool to exclude an inflated mobile structure, a swim pond, or an individual therapeutic pod, tub, or bath. Under current law, DSPS must review and approve any plans for the construction, alteration, or reconstruction of a public swimming pool, and no one may maintain, manage, or operate a public swimming pool unless DSPS has approved the plans and the public swimming pool conforms to those plans.