The review of the code and the ASTM standards included input from the Amusement Ride Code Council. A responsibility of council members is to bring forth concerns their respective organizations may have with the proposed rules, including concerns regarding economic impacts. (Copies of the council meetings summaries are on file in Safety and Building Division.)
Analysis and supporting documents used to determine effect on small business
The Amusement ride council's composition reflects a variety of organizations whose memberships include small businesses. The department utilizes advisory councils to gather information on potential impacts, including economic, in complying with both the technical and administrative requirements of its code.
In that most of the proposed revisions are for clarification, the department does not consider the rules to have an economic impact on small businesses. In addition the code council did not identify or convey any impacts to the department.
An economic impact report has not been required to be prepared.
Environmental Analysis
NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
Types of small businesses that will be affected by the rules.
The rules will affect amusement ride owners and operators.
Reporting, bookkeeping and other procedures required for compliance with the rules.
Proposed revisions will require amusement ride owners to prepare operating fact sheets for ride operators and attendants. Owners are also to provide and document training for ride operators and attendants.
Types of professional skills necessary for compliance with the rules.
There are no new types of professional skills necessary for compliance with the rules.
Will rules have a significant economic impact on small businesses?
No.
Fiscal Estimate
Summary
The proposed revisions for ch.
Comm 34 primarily clarify existing requirements. The rules will not impact the current department workload or resources. In that the proposed revisions are for clarification, the department does not believe rules create an economic impact for compliance by amusement ride owners or operators.
State fiscal effect
None.
Local fiscal effect
None.
Long-range fiscal implications
None are anticipated.
Notice of Hearing
Commerce
Wis. Commercial Building Code, Chs.
Comm 60-
66
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02 and
145.02, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapters
Comm 62 and
81 to
84, relating to the design, installation or construction, inspection and maintenance of plumbing.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
July 8, 2008
Tuesday
10:00 a.m.
|
Thompson Commerce Building
Human Resources Conference
Room (First Floor)
201 W. Washington Avenue
Madison
|
This hearing is held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Submission of Written Comments
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until July 18, 2008, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Lynita Docken, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
lynita.docken@wisconsin.gov.
Copies of Proposed Rules
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at
www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Agent Contact Person
Lynita Docken, Program Manager, lynita.docken@ wisconsin.gov, (608) 785-9349.
Small Business Regulatory Coordinator
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Explanation of agency authority
Sections
101.02 and
145.02 Stats., grant the Department of Commerce general authority for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the design, installation or construction, inspection and maintenance of plumbing. In accordance with s.145.13, Stats., the Department is also responsible for safeguarding the waters of the state.
Related statute or rule
Chapters
Comm 60 to
66, Commercial Building Code.
Chapters
20 to
25, Uniform Dwelling Code.
Chapters
81 to
87, Uniform Plumbing Code.
Summary of proposed rules
The proposed revisions to Chapters
Comm 81 to
84 clarify existing rules and bring the state Uniform Plumbing Code up to date with current technology and nationally recognized standards. The proposed rules contain a number of modifications to the technical requirements within these standards, reorganization of current requirements and editorial changes.
The proposed change in Chapter
Comm 62 would limit the use of waterless antiseptic cleansing provisions to facilities where waterless toilets or urinals are used.
The following is a summary of the major proposed changes to Chapters
Comm 81 to
84:
a. Allow the recycling of wastewater discharged from water closets and urinals. [Comm 82.34 (3) (a) 1.]
b. Create code language to recognize alternate standards that have been used by the department. (e.g. Pressurized sewer systems and water treatment device sizing). [Comm 82.30 (11) (f) 2. and Comm 82.40, Table 82.40-3e]
c. Expand the requirement for demand regeneration controls for water treatment devices to devices that discharge to municipal sewers. [Comm 82.40 (8) (j)]
d. Use the term “manufactured home" in place of the term “mobile home" in numerous places as referenced in s.101.91 (2), Stats. [Comm 81.01 (152), (153), and (154) and Comm 82.51]
e. Change the calculation of the load factor on drain piping so it reflects national model plumbing code requirements. [Comm 82.30 (3)]
f. Modify the triggers for the installation of stack vents serving drain stacks from two to five or more branch intervals. [Comm 82.31 (4)(a) and 82.31 (5)]
g. Expand and describe more fully the grease and oil treatment requirements for restaurants. [Comm 82.34 (5)]
h. Modify the requirements for secondary roof drains so they more closely follow national standards. [Comm 82.36 (11)]
i. Upgrade the requirements for water conserving fixtures to more closely correspond to national standards. [Comm 84.20 (3)(b)2.]
Comparison with federal regulations
There are several existing federal regulations that relate to the design, installation or construction, inspection and maintenance and repair of plumbing. Some of these regulations require compliance with the 2006 editions of the International Plumbing Code (IPC), a national model code developed by the International Code Council (ICC), and the Uniform Plumbing Code (UPC), a national model code developed by the International Association of Plumbing and Mechanical Officials.
An Internet-based search of the United States Code (USC) found the following existing federal rules that impact plumbing. The Wisconsin Uniform Plumbing Code reflects the requirements currently contained in these federal laws.
•
Assembly Bill No. 1953, Chapter
853 – The Lead Solder, Pipe and Flux Law expands Section 116875 of the Health and Safety Code as contained in USC Title 42, Chapter
6A, Subchapter XII, Part B, Section 300g-6 relating to lead plumbing to include any pipe or plumbing fitting, or fixture intended to convey or dispense water for human consumption. The law, which becomes effective January 1, 2010, passed both the Assembly and the Senate in 2006 and also revises the term “lead free."
•
USC Title 42, Chapter
6A, Subchapter XII, Part F, Section 300j-24 – Lead contamination in school drinking water outlines the testing protocol for lead contamination in drinking water from coolers and other sources at educational agencies, private nonprofit elementary or secondary schools and day care centers. The law became effective in 1999. Currently, legislation is being proposed that would amend this section of the Safe Drinking Water Act.
•
USC Title 33, Chapter
26, Subchapter IV, Section 1342 – National Pollutant Discharge Elimination System (NPDES) established Phase I of the storm water program in 1990. Nine years later, Phase II of the program was signed into law and requires smaller communities to develop and implement a comprehensive storm water management program.
An Internet-based search of the 2005 through 2008 issues of the Federal Register found a proposed rule about plumbing connections to manufactured homes published April 26, 2005 in Vol. 70, No. 79. Comments and an analysis have been received and the final rule will become effective October. 20, 2008. 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 beneath 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.
Comparison with rules in adjacent states
An Internet-based search of the four adjacent states found the following:
•
The Illinois Department of Public Health administers a state-written uniform plumbing code with exceptions for cities that existed prior to Illinois statehood.
•
The Iowa Department of Public Health administers the Iowa Uniform Plumbing Code that adopts the 2000 edition of the national UPC with amendments.
•
The Michigan Department of Consumer and Industry Services, Bureau of Construction Codes developed the 2003 Michigan Plumbing Code that became effective December 31, 2003. Based on the IPC, the code includes state amendments.
•
The Minnesota Department of Labor and Industry, Building Codes and Standards Division, administers the Minnesota Plumbing Code, a state written uniform code that was revised August 25, 2003.
Summary of factual data and analytical methodologies
The primary methodology for updating the Wisconsin Uniform Plumbing Code, chapters Comm 81 to 84 has been a review and assessment of the latest editions of the national technical standards that serve as the basis for Wisconsin code. Staff prepared a comprehensive comparison of the changes in the 2006 editions of the IPC and the national UPC to what currently is adopted in chapters Comm 81 to 84. The department's review and assessment process involved the participation of the Plumbing Advisory Code Council. The members of that Council represent the many stakeholders involved in the plumbing industry including designers, inspectors, labor and building contractors. (A listing of the Plumbing Advisory Code Council is provided at the end of this analysis.)
The department believes the national model codes reflect current societal values with respect to safeguarding people and property from hazards arising from the use of plumbing.
Analysis and supporting documents used to determine effect on small business
The department used the Plumbing Advisory Code Council to gather and analyze information on potential impacts in complying with both the technical and administrative requirements of the codes. Many small businesses belong to the industry associations that sit on the advisory council. A responsibility of council members is to bring forth concerns that their respective organizations may have with the requirements including economic impact.
In addition to posting rule development and council activities on the department's web site, the department offers an Email subscription service that is available to all small businesses. This service provides Email notification of council meetings, meeting, agendas and council meeting progress reports so small businesses can follow proposed code changes.
Environmental Analysis
NOTICE IS HEREBY GIVEN that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings.
Initial Regulatory Flexibility Analysis
