Scope statements
Commerce
Subject
Fire prevention and stop-use procedures.
Objective of the rule. This rulemaking would primarily update various elements of the Wisconsin Fire Prevention Code, so that this code remains consistent with dynamic, contemporary regional and national practices and standards, and with applicable statutory requirements, relating to fire prevention.
The rulemaking would also establish stop-use enforcement procedures for fire-prevention programs regulated by the Division of Environmental and Regulatory Services.
Policy analysis
The Fire Prevention Code contains (1) requirements for the maintenance and inspection of public buildings and places of employment, (2) duties for fire departments, and (3) requirements for fire departments that receive dues payments from the Department. This code, which was adopted in 2001 and became effective on July 1, 2002, replaced previous requirements for fire prevention at public buildings and places of employment with model-code requirements that are substantially in use elsewhere in this country. Those model-code requirements of the National Fire Protection Association (NFPA) were published in 2000, and were then substantially updated and republished in 2003.
The primary purpose of the Fire Prevention Code is to protect public health, safety, and welfare. Periodic review and update of the Code is necessary to ensure that the Code still achieves that purpose. In addition, the review and update allows the opportunity to recognize new products and practices, and to maintain consistency with recent changes in applicable statutory requirements. This update activity may include minor modifications to other Comm codes, in order to update any references in those codes to the corresponding changes to chapter Comm 14.
The Division of Environmental and Regulatory Services currently has effective stop-use procedures in section
Comm 10.18 (3), for shutting down storage tanks or tank systems that either are an immediate danger or are releasing regulated substances to the environment, or for which there are long-standing violations of significant code requirements. Having similar stop-use procedures in chapter Comm 14 would significantly improve the Department's ability to abate any aspects of public buildings or places of employment that similarly are an immediate danger to life, safety, or health, or for which there are long-standing violations of significant code requirements. In addition, some objects that are currently regulated under chapter Comm 10 are expected to soon be regulated instead under chapter Comm 14, through other rulemaking by the Department, and the Department prefers to retain stop-use procedures for those objects as well.
The only feasible alternative to not reviewing the 2003 NFPA fire prevention requirements at this time would be a temporary delay in the rule-review process. This delay would reduce the public benefits that would otherwise occur by beginning this review now. The alternative of not developing the stop-use rules would continue the Department's current difficulty in abating some conditions that either are an immediate danger to life, safety, or health, or are long-standing violations of significant code requirements.
Comparison to federal regulations
An Internet-based search for “fire prevention" in the Code of Federal Regulations identified the following existing federal regulations that potentially address fire prevention at places of employment in Wisconsin: 29CFR1910–Occupational Safety and Health Standards, 29CFR1926–Safety and Health Regulations for Construction, 30CFR56–Safety and Health Standards–Surface Metal and Nonmetal Mines, 30CFR57– Safety and Health Standards–Underground Metal and Nonmetal Mines, 33CFR127–Waterfront Facilities Handling Liquefied Natural Gas and Liquified Hazardous Gas, 46CFR28–Requirements for Commercial Fishing Industry Vessels, 46CFR34–Firefighting Equipment (on tankships), 46CFR76–Fire Protection Equipment (on shipping vessels), and 41CFR102–Safety and Environmental Management (for federally owned and leased buildings). No changes to Comm 14 are expected to supercede those federal requirements, so no comparison is made here to those requirements.
An Internet-based search for “fire prevention" in the 2003 and 2004 issues of the Federal Register did not identify any proposed federal regulations that address fire prevention at public buildings or places of employment in Wisconsin.
Statutory authority
Staff time required
The Department estimates approximately 1000 hours will be needed to perform the review and develop any needed rule changes. This time includes drafting the changes – in consultation with the Department's chapter Comm 14 code advisory committee – and processing the changes through public hearings, legislative review, and adoption. The Department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Dentistry Examining Board
Subject
Oral conscious sedation.
Objective of the rule. To define the meaning of oral conscious sedation and to set limits as to how oral conscious sedation should be administered by dentists, including professional training.
Policy analysis
The proposed change addresses the manner in which dentists would be permitted to utilize oral medications for the purpose of achieving conscious sedation in patients, including professional training,
Comparison to federal regulations
No proposed or existing federal regulation intended to address oral conscious sedation currently exists.
Statutory authority
Staff time required
150 hours.
Dentistry Examining Board
Subject
Definition of dental school.
Objective of the rule. The board intends to define dental school to specify accreditation, curriculum, and academic year length requirements, in addition to degrees that shall be conferred by qualifying institutions. The purpose of the definition is to prevent the establishment of any institution that purports to provide education to dentists in training but does not meet the standards necessary for instruction which insure adequate protection of patient health and safety.
Comparison to federal regulations
No proposed or existing federal regulation related to the definition of “dental school" exists.
Statutory authority.
Staff time required
100 hours.
Elections Board
Subject
Create s. ElBd 1.46 (3), regarding complete disclosure on campaign finance reports of contributor information required by s.
11.06 (1) (b), Stats.
Objective of the rule. To amend the Elections Board's existing rule to add subsection (3) providing that contributor information on campaign finance reports must be completed not later than 45 days after the due date for the report or the recipient committee must divest itself of the contribution.
Policy analysis
Subsection 11.06 (1) (b), Stats., requires that for each registrant shall report, on the form prescribed by the board, the occupation and name and address of the principal place of employment, if any, of each individual contributor whose cumulative contributions for the calendar year are in excess of $100. The Board finds that some of its registrants have submitted reports on which contributor information is not complete. Efforts to obtain that information have extended over substantial periods of time, and, in some cases, have failed. To achieve the statutory objective that all campaign finance reports are complete and prompt and that full disclosure of contributor information is accomplished in good faith, the Board will require that all contributor information must be submitted within 45 days of the date due for the report or the contribution must be returned.
Comparison to federal regulations
None.
Statutory authority
Staff time required
15 hours.
Financial Institutions—Banking
Subject
Policy analysis
The objective of the rule is to create s. DFI—Bkg 74.14 (16) and (17). The purpose of the rule is to prohibit as oppressive and deceptive practices the collection of returned check fees through an automated clearing house transaction or through a paper draft without customer authorization. The rule requires documentation of authorization and incorporates certain National Automated Clearing House Association standards.
