Scope Statements
Commerce
Public Swimming Pools and Water Attractions,
Ch.
Comm 90
Subject
Revises Chapter
Comm 90, relating to public swimming pools and water attractions.
Objective of the Rule
The objective of the potential rulemaking project is to clarify and update the department's administrative rules, Chapter
Comm 90, relating to public swimming pools and water attractions. This update may be incorporated into more than one rule package and may include revisions to other chapters affected by the proposal.
A specific objective is to reflect in Comm 90 the most recent national standards including the current interpretations by the Consumer Product Safety Commission (CPSC) of the Virginia Graeme Baker Pool and Spa Safety Act (VGB Act). The federal requirements outlined in the VGB Act serve as minimum standards.
The purpose of the rulemaking project is to have a clearly understood code that reflects the application of current construction and remodeling practices, products, standards, model codes and materials. To ensure the health, safety and welfare of Wisconsin citizens using public swimming pools and water attractions, it is important that the code and adopted standards are viable and current.
Policy Analysis
Chapter
Comm 90 applies to the design and construction of public swimming pools and water attractions. The last update of chapter Comm 90 began in 2005 and became effective April 1, 2009. The current rules relating to water attractions are based on the 2005 edition of the American National Standards Institute/National Spa and Pool Institute (ANSI/NSPI) standards for aquatic recreation facilities (ANSI/NSPI – 9). The public swimming pool portion of the code was revised to reflect the 2004 edition of ANSI/NSPI – 1 Public Swimming Pools standard.
ANSI/NSPI updates their national standards on a 3-year cycle. Working with the Pool Advisory Code Council, the department will review the most current national standards and base revisions of chapter Comm 90 upon them. In addition, the council and department will correct code clarity problems, incorporate code interpretations that have developed since the last code change, include new technology and options for design and installation, and integrate new code requirements into one or more rule packages.
The alternative of not updating the rule would result in chapter Comm 90 not being current with nationally-recognized standards and federal requirements such as the recent interpretations by the CPSC of the VGB Act. Continuing to use the code as it stands now would create confusion among designers, builders, installers and local inspectors about which drain covers and safety vacuum release systems required by the VGB Act are compliant and how other materials and standards should be regulated and applied.
The CPSC is looking to Wisconsin and other states to assist with the enforcement of the VGB Act by passing pool and spa barrier and anti-entrapment rules that will help prevent children's drownings and submersion injuries.
Statutory Authority
The statutory authority for chapter Comm 90 is contained in section
145.26, Stats.
Comparison with Federal Regulations
An Internet-based search of the Federal Register found that the Consumer Product Safety Commission (CPSC) issued interpretations of the Virginia Graeme Baker Pool and Spa Safety Act (VGB Act) in the March 10, 2010 (Vol. 75, No. 49) and the April 27, 2010, (Vol. 75, No. 80) publications.
An Internet-based search of the Code of Federal Regulations (CFR) found the following existing federal rules that impact public swimming pools and water attractions:
•
USC Title 16, Volume 2, Chapter II, Part 1207 – The CPSC revises the safety standard for swimming pool slides relating to the installation, maintenance and intended use in all pools as of January 1, 2010.
•
USC Title 21, Volume 8, Chapter I, Subpart E – The Food and Drug Administration revises the recirculation and filtration standards for all pools as of April 1, 2010.
Entities Affected by the Rule
This rule will affect any entity involved in the public swimming pool and water attraction industry in Wisconsin. Entities involved in the industry include municipal governments, schools, colleges, universities, hotels, motels, tourist inns and resorts, bed and breakfasts, recreational facilities, fitness centers and campgrounds.
Estimate of Time Needed to Develop the Rule
The staff time needed to develop the rule is expected to be about 600 hours, depending upon the associated complexity. This time includes reviewing the current codes and related national standards, conducting other research as needed, drafting the rules, consulting and meeting with the Pool Advisory Code Council and processing the rules through public hearings, legislative review and adoption. There are no other resources necessary to develop the rules.
Regulation and Licensing —
Veterinary Examining Board
Subject
Revising sections
VE 2.01 (2),
3.03 and
3.03 (5) to comply with the National Board of Veterinary Medical Examiners (NBVME) contract requirements, and to make the rules consistent with recent legislation allowing foreign veterinary graduates to show completion of the Program for the Assessment of Veterinary Education Equivalence (PAVE) as an alternative to completion of the Educational Commission for Foreign Veterinary Graduates Certification program (ECFVGC).
Objective of the Rule
Currently, the Veterinary Examining Board's rules do not align with application deadlines for the North American Veterinary Licensing Examination (NAVLE) that are required by our contract with the NBVME. Additionally, recently-passed legislation now allows foreign veterinary graduates to take the Program for the Assessment of Veterinary Education Equivalence (PAVE). Emergency rules will be enacted to make these two changes. These changes will make the emergency rules permanent to align with the NBVME contract and statutory changes related to PAVE.
Policy Analysis
The current deadlines for applicants to take the NAVLE conflict with the contract the Department of Regulation and Licensing signed with NBVME. Although these changes require the applicants to submit paperwork earlier than currently required, it is necessary to comply with the contract and to ensure that all applicants will be permitted to take the examination on their chosen date. The flexibility built in to the new timelines should allow compliance with the current and future NBVME contracts.
Additionally, the Wisconsin statutes allow foreign veterinary graduates to take the PAVE. Our rules should be consistent with the statutes.
Statutory Authority
Comparison with Federal Regulations
There is no current or proposed federal legislation that will address the issues addressed by the proposed rule changes.
Entities Affected by the Rule
Candidates for the NAVLE as well as foreign veterinary graduates who are candidates for PAVE.
Estimate of Time Needed to Develop the Rule
75 hours.
Transportation
Subject
Revises Chapter
Trans 405, relating to siting noise barriers.
Objective of the Rule
The proposed revisions to ch.
Trans 405 (Siting Noise Barriers) will bring Trans 405 into compliance with
23 CFR 772.
Per legislative mandate, the Department promulgated Trans 405 on 09/01/1989. On 06/12/1995, the FHWA issued a memo requiring each State Highway Agency to develop its own written noise policy using
23 CFR 772 as guidance. WisDOT requested that Trans 405 be accepted as our written noise policy on 08/18/1995 and this request was approved by FHWA on 02/29/1996.
No changes to Trans 405 have occurred since the rule was promulgated on 09/01/1989.
Policy Analysis
Modifications to Trans 405 are required to bring the rule into compliance with
23 CFR 772. It is proposed to add several definitions, modify land use category descriptions and redefine local citizen and governmental participation requirements for determining whether or not barrier construction is desired by the public. Compliance with federal standards is required as a condition of receiving federal funds on certain projects (
23 CFR 772.7). Alternatives to compliance may result in lost federal money for certain highway projects.
Statutory Authority
Comparison with Federal Regulations
Proposed revisions to ch.
Trans 405 (Siting Noise Barriers) will bring Trans 405 into compliance with
23 CFR 772.
Entities Affected by the Rule
