Scope statements
Commerce
Subject
Objective of the rule. The objective of the rule is to update the department's administrative rules relating to public swimming pools and water attractions. This code update may result in one or more rule packages to be presented for public hearings, and may include minor changes to other department rules relating to public swimming pools and water attractions.
Policy analysis
Chapter
Comm 90 applies to the design and construction of public swimming pools and water attractions. The current rules of Chapter
Comm 90, which became effective on February 1, 2005, relating to water attractions are based on the draft version of the American National Standards Institute/National Spa and Pool Institute standards for aquatic recreation facilities (ANSI/NSPI – 9). The public swimming pool portion of the code has not yet been revised to reflect the ANSI/NSPI – 1 Public Swimming Pools standard.
The swimming pool portion of Chapter
Comm 90 has remained essentially unchanged since at least 1994 when the public swimming pool program was transferred from the Department of Health and Family Services. This code project will evaluate updating the public swimming pool requirements to reflect changing technology and options for design and installation. The target effective date for these revisions is the Spring of 2008.
The alternative of not updating this chapter will result in administrative rules that are not consistent with currently recognized national standards and practices related to public swimming pools.
Statutory authority
Staff time required
The department estimates that it will take approximately 600 hours to develop this rule. This time includes reviewing the current codes and related national standards, then drafting the rule and processing the rule through public hearings, legislative review and adoption. The department will assign existing staff to perform the review and develop the rule changes. There are no other resources necessary to develop the rule.
Entities affected by the rule
This rule will affect any entity that is involved with the public swimming pool industry.
Comparison with federal requirements
There are no existing or proposed federal regulations that address or impact the activities to be regulated by this rule.
Commerce
Subject
Objective of the rule. The objective of the rule is to update the department's administrative rules relating to plumbing. This comprehensive code update may result in one or more rule packages to be presented for public hearings, and may include minor changes to other department rules relating to plumbing.
Policy analysis
The current rules of chapters Comm 81 – 84 apply to the design, installation and inspection of plumbing, and include references to many national standards and reflect national trends.
The plumbing code was last updated in December, 2004. The stormwater section received the majority of the changes from that revision. This code project will evaluate updating the plumbing requirements to reflect changing technology and options. The target effective date for this revision is the Spring of 2008.
The alternative of not updating these chapters will result in administrative rules that are not consistent with currently recognized national standards and practices related to plumbing.
Statutory authority
Staff time required
The department estimates that it will take approximately 1,000 hours to develop this rule. This time includes reviewing the current codes and related national standards, then drafting the rule and processing the rule through public hearings, legislative review and adoption. The department will assign existing staff to perform the review and develop the rule changes. There are no other resources necessary to develop the rule.
Entities affected by the rule
This rule will affect any entity that is involved with the plumbing industry.
Comparison with federal requirements
There are several existing federal rules that impact plumbing including the Lead Solder, Pipe and Flux law contained in 42 USC Sec. 300g-6., the Lead Contamination in School Drinking Water law in 42 USC Sec. 300j-24., and the National Pollutant Discharge Elimination System law of 33 USC Sec. 1342. The requirements currently contained in these federal laws are reflected in the Wisconsin Uniform Plumbing Code.
There is one proposed federal regulation concerning plumbing connections to manufactured homes, in Federal Register Vol. 70, No. 79, April 26, 2005. Several of the proposed requirements exceed the standards of the Wisconsin Uniform Plumbing Code. These include the requirement for a shutoff valve to be located underneath or adjacent to the home, a condition that the water heater be removed for air testing water systems, and a requirement for the installation of a drain cleanout when pipe pitch is 1/8" per foot.
Elections Board
Subject
Repeal and re-create ch. ElBd 3 (Mail Registration), establishing a ch. ElBd 3, titled “Voter Registration," relating to registration of electors under the Help America Vote Act and the Statewide Voter Registration System.
Policy analysis
Objective of the rule. To establish rules governing the registration of electors under Wisconsin's new Statewide Voter Registration System, including the registration of electors prior to election day and the registration of electors on election day, and rules governing the qualifications and duties of persons appointed as special registration deputies under s.
6.26 (2), Stats.
Wisconsin will convert to a system of statewide voter registration on January 1, 2006. Previously, Wisconsin had registration on a municipality-by-municipality basis. The rule will establish the procedure and policies that will govern both electors who seek to register to vote and the municipal and county clerks, and special registration deputies, who will assist electors in the registration process.
Statutory authority
Staff time required
At least 30 hours of state employees' time.
Entities affected by the rule
The rule will affect every person who seeks to register for voting purposes in the state of Wisconsin, including persons who are registering for the first time and persons who are changing their registration from one ward within the state to another ward within the state. The rule will also affect the municipal and county clerks and special registration deputies who register electors.
Comparison with federal requirements
Under the Help America Vote Act (HAVA) has mandated that each state establish a system of statewide voter registration by January 1, 2006. It has also established standards applicable to the registration procedure. The State of Wisconsin is in the process of implementing its statewide voter registration system as part of an overall state plan under HAVA. The rule will facilitate the administration of that system and the implementation of the state's plan.
Elections Board
Subject
ElBd s.
4.01 Scope of regulated activity: Election observers. Relating to the procedure for authorizing, under s.
7.39 and
7.41, Stats., the appointment of election observers to monitor compliance with election laws by local election officials.
Policy analysis
Objective of the rule. To repeal the Elections Board's existing rule, section ElBd 4.01 Election observers, and recreate it as a new rule implementing the new election observer statute, s.7.41, Stats.: Public's right to access.
Description of policies – relevant existing policies, proposed new policies and policy alternatives considered:
Existing ch. ElBd 4 was adopted to implement s.
7.39, Stats., relating to the appointment of election observers at polling places in a municipality. Subsequent to the enactment of s.
7.39, Stats., the legislature enacted a much broader statute, s.
7.41, Stats., that expanded the class of persons who may observe the proceedings at a polling place to include "any member of the public." Because any member of the public has the right to observe merely by being present, appointment as an observer is no longer necessary, thereby rendering s. 7.39, Stats., obsolete, necessitating its repeal. Consequently, the legislature repealed s. 7.39, Stats., in
1999 Wisconsin Act 182.
The Elections Board now needs to promulgate a new rule implementing the new statute by setting forth standards of conduct applicable to persons who are present at a polling place to observe an election.
Statutory authority
Staff time required
