Rule-Making Notices (Hearing Notices)

The renewal of thermal insulation mechanic licenses will continue to be contingent upon the fulfillment of continuing education obligations.

Types of professional skills necessary for compliance with the rules.

No other types of professional skills are necessary for compliance with the rules.

Rules have a significant economic impact on small businesses?

No.

Small business regulatory coordinator

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].

Environmental Impact

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.

Fiscal Estimate

Assumptions used in arriving at fiscal estimate

The proposed rules establish administrative procedures for licensing and registration of individuals who install or maintain thermal insulation for heating, ventilating, cooling, plumbing or refrigeration systems. The proposed rules reflect the statutory provisions of 2009 Wisconsin Act 16, s. 101.136, Stats. The Act requires credentialed individuals to perform thermal insulation work as of July 1, 2011. The rules create credentials for thermal insulation mechanics, apprentices and helpers. The department anticipates that workload associated with the credentialing processes can be absorbed within current resources and staff levels.

The credential rules would most likely affect HVAC contractors, plumbing contractors, and mechanical refrigeration contractors. The fee for a thermal insulation mechanic's license is proposed at $500 which reflects statutory provisions. The fee for the registration of apprentices and helpers is proposed at $15. The department estimates that 500 individuals will seek to acquire the mechanic's license and 250 individuals will seek to obtain the apprentice or helper registration. The mechanic's license and helper's registration is valid for 2 years and the apprentice's registration is valid for one year. Based upon these assumptions the department would realize an annual increase in revenue of $126,875. The credential fees were established to offset the cost of the thermal insulation inspector position created under 2009 Wisconsin Act. 16.

State fiscal effect

Increase existing revenues.

Increased costs may be possible to absorb with agency's budget.

Fund sources affected

PRO.

Local government fiscal effect

None.

Long-range fiscal implications

No long-range fiscal implications are anticipated.

Agency Contact Person

James Quast, Program Manager

Phone: [phone]

[e-mail]

Notice of Hearing

Commerce

Uniform Dwelling, Chs. Comm 20-25

rulemaking_notices CR 10-089 CR 10-089

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.63 (1), 101.73 (1), 101.82 (1), Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapters Comm 21 and 28, relating to the carbon monoxide alarms in one- and 2-family dwellings and affecting small business.

Hearing Information

The public hearing will be held as follows:

Date:   August 11, 2010

Time:   10:00 AM

Location:   Thompson Commerce Building
  Conference Room 3B
  201 W. Washington Avenue
  Madison, Wisconsin

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 [phone] or [phone] (TTY) at least 10 days before 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.

Submittal of Written Comments

Interested persons are invited to appear at the hearing and present comments on the proposed rule. 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 August 18, 2010, 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 Larry Swaziek, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail].

Copies of Proposed Rule

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 Larry Swaziek, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at [e-mail], or at telephone [phone] or [phone] (TTY). Copies also will be available at the public hearing.

Analysis Prepared by Department of Commerce

Statutes interpreted

Sections 101.615 (lm) and 101.647, Stats., as created by 2009 Wisconsin Act 158.

Statutory authority

Sections 101.02 (1) and 101.63 (1), Stats., and ss. 101.615 (lm) and 101.647, Stats., as created by 2009 Wisconsin Act 158.

Related statute or rule

Section 101.149, Wis. Stats.

Chapters Comm 61 to 66, Commercial Building Code, Wis. Adm. Code

Explanation of agency authority

Under the statutes cited, the Department of Commerce protects public health, safety, and welfare by adopting rules that establish uniform, statewide standards for the construction of one- and 2-family dwellings. In addition, 2009 Wisconsin Act 158 specifically directs the department to address carbon monoxide alarms involving these types of buildings.

Summary of proposed rules

The proposed rules establish minimum requirements for the installation and maintenance of carbon monoxide alarms in one- and two-family dwellings. The requirements reflect the statutory mandates of 2009 Wisconsin Act 158.

The rules would require the following:

•   Carbon monoxide alarms shall be installed in a dwelling, the initial construction of which was commenced before, on or after February 1, 2011.

•   In new dwellings with electrical service, the carbon monoxide alarms shall be continuously powered by the house electrical service and interconnected so that activation of one alarm will cause activation of all alarms.

•   The alarms are listed and labeled in conformance with UL 2034, Underwriters Laboratories Inc, Standard for Safety Single and Multiple Station Carbon Monoxide Alarms.

Comparison with federal regulations

An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register did not identify any federal requirements for the installation and maintenance of carbon monoxide alarms in one- and two-family dwellings.

Comparison with rules in adjacent states

An Internet-based search for carbon monoxide alarm regulations in the states of Illinois, Iowa, Michigan and Minnesota found the following:

Illinois:

Illinois requires the installation of carbon monoxide alarms under Public Act 094-0741, the Carbon Monoxide Alarm Detector Act, which was effective January 1, 2007. The act defines “dwelling unit" as a room or suite of rooms used for human habitation and includes a single-family residence as well as each living unit of a multiple-family residence and each living unit in a mixed-use building.

Iowa:

Iowa requires the installation of carbon monoxide alarms in single-family rental units and multiple-unit residential buildings.

Michigan:

Michigan has not enacted any carbon monoxide alarm regulations for single-family residences at this time. Michigan does require as of December 1, 2009, newly constructed hotels, motels and boarding houses to install an operational carbon monoxide device.

Minnesota:

Minnesota statute, 299F.50, requires carbon monoxide alarms in all single family homes and multifamily apartments units: New construction as of January 1, 2007; existing single-family homes as of August 1, 2008; and existing multi-family and apartment buildings as of August 1, 2009.

Summary of factual data and analytical methodologies

In developing the proposed rules, the department reviewed the provisions under 2009 Wisconsin Act 158 in conjunction with the department's broad authority under ss. 101.02 (1) and 101.63 (1), Stats., to protect public health and safety regarding the construction of one- and two-family dwellings. For consistency, the proposed rules are modeled after other rules relating to smoke detectors, s. Comm 21.09, and carbon monoxide detectors in tourist rooming houses, s. Comm 21.097.

In addition, the review and assessment process involved the participation of the Uniform Dwelling Code (UDC) Council. The makeup of this Council is set under s. 15.157 (3), Stats. The members are appointed by the Governor's Office and represent the many stakeholders involved in the construction industry including designers, inspectors, labor and building contractors. (A listing of the UDC Council is provided at the end of this analysis.)

The UDC Council meets regularly, and the department gathers information and recommendations from its 18 members on the potential impacts of the administrative and technical requirements of the code.

Analysis and supporting documents used to determine effect on small business

The proposed rules implement the mandates imposed by 2009 Wisconsin Act 158. The Act affects the owners of one- and two-family dwellings. The department does not believe the rules will increase the effect on small businesses more than that imposed by the Act.

Battery or plug-in type carbon monoxide alarms typically range in cost from $25 to $50. New construction installation costs for a hard-wired type carbon monoxide alarm with battery backup and interconnection ranges from $90 to $110 if interconnection is involved. Combination carbon monoxide alarms and smoke alarms are also available. Smoke alarms are currently required for residential occupancies. The use of combination carbon monoxide alarms and smoke alarms should result in installation and labor cost savings over that for separate systems.

An economic impact report has not been required pursuant to s. 227.137, Stats.

Small Business Impact

Initial regulatory flexibility analysis

Types of small businesses that will be affected by the rule.

The proposed rules implement the mandates imposed by 2009 Wisconsin Act 158 relating to the installation and maintenance of carbon monoxide detectors in dwellings. The Act affects the owners of one- and two-family dwellings where fuel-burning appliances are installed.

Reporting, bookkeeping and other procedures required for compliance with the rule.

There are no reporting, bookkeeping or other procedures required for compliance with the rule.

Types of professional skills necessary for compliance with the rule.

There are no new types of professional skills necessary for compliance with the rule.

Rule has a significant economic impact on small businesses?

No.

Small business regulatory coordinator

The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone [phone], or Email at [e-mail].