Rule-Making Notices
Notice of Hearing
Commerce
NOTICE IS HEREBY GIVEN that pursuant to sections
101.02 (15) (j),
101.127,
101.14 (1) (a) and
(2) (c) 1.,
101.63 (1),
227.11 (2) (a), and
227.16, Stats., the Department of Commerce will hold a public hearing on proposed rules in Chapters
Comm 14,
21 to
23,
61 to
63 and
66 relating to fire prevention; recordkeeping for fires; fire suppression for mobile kitchens; structural, ventilating, and vapor-barrier requirements for one- and two-family dwellings; air barriers and local enforcement for commercial buildings; and previously constructed buildings that are converted to community-based residential facilities; and affecting small businesses.
Hearing Information
The public hearing will be held as follows:
Date and Time:
|
Location:
|
December 18, 2009
Friday
At 10:00 a.m.
|
Thompson Commerce Center Third Floor, Room 3B
201 West Washington Avenue
Madison, Wisconsin
|
This hearing will be held in an accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call Sam Rockweiler at (608) 266-0797 or at Contact Through Relay 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.
Appearances at Hearing and 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, via e-mail. Persons submitting comments will not receive individual responses. The hearing record on this rulemaking will remain open until December 23, 2009, 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. E-mail comments should be sent to
sam.rockweiler@wisconsin.gov. If e-mail submittal is not possible, written comments may be submitted to Sam Rockweiler, Department of Commerce, Division of Environmental and Regulatory Services, P.O. Box 14427, Madison, WI 53708-0427.
Copies of Proposed Rule
The proposed rules and an analysis of them are available on the Internet by entering “Comm 14" in the search engine at the following Web site:
https://apps4.dhfs.state.wi.us/admrules/ public/Search. Paper copies may be obtained without cost from Roberta Ward at the Department of Commerce, Bureau of Program Development, P.O. Box 2689, Madison, WI, 53701-2689; or at telephone (608) 266-8741 or at Contact Through Relay; or at
roberta.ward@wisconsin.gov. Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
101.02 (15) (j) of the Statutes requires the Department to promulgate rules for the construction, repair and maintenance of safe public buildings and places of employment.
Section
101.127 of the Statutes requires the Department to adopt rules for previously constructed buildings that are converted to homelike community-based residential facilities.
Section
101.14 (1) of the Statutes authorizes the Department to make reasonable orders for the repair or removal of any buildings or other structures or combustible or explosive materials or inflammable conditions which are dangerous to any other building or premises or to occupants or which hinder firefighters in case of fire.
Section
101.14 (2) (c) 1.
of the Statutes requires the Department to promulgate by rule any exceptions where fire prevention inspections can be performed less frequently than once in each non-overlapping 6-month period per calendar year.
Section
101.63 (1) of the Statutes requires the Department to adopt rules which establish standards for the construction and inspection of one- and two-family dwellings.
Section
227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting the provisions of any Statute administered by the Department. Those Statutes include section 101.02 (15) (j), which addresses construction of safe public buildings and places of employment; section 101.14 (1) (am), which establishes a fire-suppression-system exemption for low-use mobile kitchens; and 101.141, which addresses record keeping for all building-related fires. Section
19.21 (4) (b) establishes a minimum time period for cities, villages and towns to retain public records.
Related statute or rule
The Department has various statutory obligations and rules relating to fire prevention and building safety – which include the design and construction requirements in chapters Comm 60 to 66 for public buildings and places of employment, as promulgated under sections
101.02 (15) (j) and
101.14 (4) of the Statutes; and the fire-prevention and inspection requirements in chapters Comm 10 and 14 for public buildings and places of employment, as promulgated under sections
101.14 (1) (a) and
(2) of the Statutes.
Summary of rule
The proposed rules for chapter Comm 14 in this order primarily update the incorporated National Fire Protection Association's NFPA® 1 fire prevention code from the 2006 edition to the 2009 edition. The rules also specify (1) the information that all fire departments must report to the United States Fire Administration (USFA) for all fires that involve buildings; (2) an occupancy period of no more than six months, for seasonal occupancies to be eligible for being inspected only once per calendar year; (3) a time period of at least seven years, for cities, villages and towns to retain records for fire prevention inspections and fire dues entitlement; (4) the maximum size and usage, and minimum record keeping, for a mobile kitchen that is allowed to not have an exhaust hood and corresponding automatic fire suppression system; (5) some minor cross-reference and other editorial corrections in the requirements for one- and two-family dwellings; (6) submittal of local ordinances where municipalities choose to perform plan review or inspection of commercial buildings; (7) requirements for air barriers in the exterior walls of commercial buildings; and (8) design requirements for previously constructed buildings that are converted to a community-based residential facility for five to 20 residents.
Comparison with federal regulations
The Federal Fire Prevention and Control Act of 1974 (P.L.
93-498) authorizes the National Fire Data Center in the USFA to gather and analyze information on the magnitude of the nation's fire problem, as well as the detailed characteristics and trends of the problem. The Act further authorizes the USFA to develop uniform data reporting methods, and to encourage and assist state agencies in developing and reporting data. In order to carry out the intentions of the Act, the National Fire Data Center has established the National Fire Incident Reporting System.
An Internet-based search of the 2007 and 2008 editions of the Federal Register did not reveal any currently proposed regulations regarding fire investigation reports, fire inspections for buildings that are occupied seasonally, or commercial cooking equipment for mobile kitchens.
Comparison with rules in adjacent states
Illinois:
The State of Illinois is applying the 2006 edition of the
International Fire Code® (IFC), excluding Chapter
4, to public schools. No references were found relating to adoption of NFPA 1.
An Internet-based search of the terms “fire reports," “seasonal occupancies," “fire inspections," “fire records," “mobile kitchens," “fire incident reporting," “fire incidents," “fire reports," “incident reporting," and “NFIRS reports" yielded the following results: The officer making investigations must notify the Office of the State Fire Marshal by the 15th of the month following the occurrence of fire. The notification must include a statement of all facts relating to the cause and origin of the fire, and such information as may be called for in a format approved or on forms provided by the Office. Reporting of such information must be based upon the nationally recognized standards of the United States Fire Administration's National Fire Incident Reporting System. OSFM no longer accepts data via e-mail or data on disks. Fire departments are trained to upload their own data directly to the USFA. Reporting “No Activity" is also required. No department can receive any state or federal funding without first being a faithful reporter to the NFIRS program.
An Internet-based search of the Illinois Administrative Code revealed that Illinois has adopted the NFPA 101® Life Safety Code®, which does address commercial cooking devices, but does not specify fire-protection exemptions for mobile kitchens of less than a particular square footage or of limited use, nor does it specifically address fire inspection of seasonal occupancies.
Iowa:
The State of Iowa has adopted the 2000 edition of the IFC. The only reference found for NFPA 1 related to use by local municipalities.
An Internet-based search of the terms “fire reports," “seasonal occupancies," “fire inspections," “fire records," “mobile kitchens," “fire incident reporting," “fire incidents," “fire reports," “incident reporting," and “NFIRS reports" yielded the following results: For reports of fires and emergency responses, the State Fire Marshal's Division is to be notified immediately when death, serious bodily injury, or property damage in excess of two hundred thousand dollars has occurred as a result of a fire or if arson is suspected. For all other fires causing fifty dollars or more in damage or emergency response by the fire service, a report must be filed within ten days following the end of the month. The penalty for non-reporting is a simple misdemeanor. Based on course offerings for Iowa Fire School, Iowa follows NFIRS and encourages use Firehouse Software®. Fires are investigated by city or township officials, and reports are filed with the State Fire Marshal within a week unless an extension is granted. These fire records are on file in the Fire marshal's office, and some data is not considered accessible for public record.
The IFC, as adopted by Iowa, does not specifically address fire inspection of seasonal occupancies. The IFC does address commercial cooking devices, but does not specify fire-protection exemptions for mobile kitchens of less than a particular square footage or of limited use.
Michigan:
The State of Michigan has adopted the 2006 edition of NFPA 1.
An Internet-based search of the terms “fire reports," “seasonal occupancies," “fire inspections," “fire records," “mobile kitchens," “fire incident reporting," “fire incidents," “fire reports," “incident reporting," and “NFIRS reports" yielded the following results: Immediately after the occurrence of fire resulting in loss of life or property, the chief must make and file with the State Fire Marshal a complete fire incident report of the fire. The report must be made on and according to modules supplied by the State Fire Marshal. Violation of these requirements is a misdemeanor. Michigan requires local police and fire departments to report incidents such as fires to the Michigan Bureau of Fire Services, which maintains these records.
An Internet-based search of the terms “fire inspections," “seasonal occupancies" and “mobile kitchens" yielded no results of Michigan regulations specifically regarding these issues. An Internet-based search of the Michigan Administrative Rules revealed that they do not specify fire-protection exemptions for mobile kitchens of less than a particular square footage or of limited use, nor do they specifically address fire inspection of seasonal occupancies.
Minnesota:
The State of Minnesota has adopted the 2006 edition of the IFC. No references were found relating to adoption of NFPA 1.
An Internet-based search of the terms “fire reports," “seasonal occupancies," “fire inspections," “fire records," “mobile kitchens," “fire incident reporting," “fire incidents," “fire reports," “incident reporting," and “NFIRS reports" yielded the following results: Minnesota requires local officers to investigate fires and to file a report with the State Fire Marshal within a week. The Fire Marshal maintains these records and compiles statistics based on the data, which is available to the public. However, as of January 1, 2009, Minnesota began providing a statewide software program for fire reporting created by ImageTrend Inc. It is recommended that incidents be reported to the State Fire Marshal Division monthly.
An Internet-based search of the terms “fire inspections," “seasonal occupancies" and “mobile kitchens" yielded no results of Minnesota regulations specifically regarding these issues. The 2006 edition of the IFC, as adopted by Minnesota, does not specifically address fire inspection of seasonal occupancies. The IFC does address commercial cooking devices, but does not specify fire-protection exemptions for mobile kitchens of less than a particular square footage or of limited use.
Summary of factual data and analytical methodologies
The data and methodology for developing these proposed rules were derived from and consisted of comparing the 2006 and 2009 editions of NFPA 1, and incorporating the applicable criteria from
2007 Wisconsin Acts 75 and
173.
Analysis and supporting documents used to determine effect on small business
The primary documents that were used to determine the effect of the proposed rules on small businesses were the 2006 and 2009 editions of NFPA 1;
2007 Wisconsin Act 75, which addresses record keeping for all building-related fires; and
2007 Wisconsin Act 173, which establishes a fire-suppression-system exemption for small, low-use mobile kitchens.
Small Business Impact
The proposed rules are not expected to impose significant costs or other impacts on small businesses because the 2009 edition of NFPA 1, as modified in chapter Comm 14, is not expected to impose costs that substantially exceed the costs imposed by the currently adopted 2006 edition; the record-keeping requirements for fires and fire-prevention inspections apply only to fire departments and municipalities; and the record-keeping requirement for low-use mobile kitchens applies only where an exemption is desired from installing an exhaust hood and corresponding automatic fire suppression system.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
Owners and operators of public buildings and places of employment, or other premises if dangerous fire hazards exist; and owners and operators of small, low-use mobile kitchens who choose to not equip the kitchen with an exhaust hood and corresponding automatic fire suppression system.
Reporting, bookkeeping and other procedures required for compliance with the rules.
A record must be maintained that shows the mobile kitchen is used on fewer than 12 days in a calendar year, for the purpose of cooking.
Types of professional skills necessary for compliance with the rules.
No new professional skills would be needed for compliance with these rules.
Rules have a significant economic impact on small businesses?
No.
