Scope Statements
Commerce
Subject
Revises Chapters
Comm 14,
40,
43,
45,
61 to
66, relating to Wisconsin Commercial Building Code.
Objective of the Rule
The primary objective of this rulemaking project is to evaluate and update provisions of the
Wisconsin Commercial Building Code, chs.
Comm 61-
66. This rulemaking update is to keep the codes consistent with dynamic, contemporary regional and national construction and fire prevention practices and standards and legislative initiatives enacted during the 2009-2010 session relating to public buildings and places of employment. The update is also necessary for us to meet the timeliness requirements for the energy conservation provisions of the
Wisconsin Commercial Building Code as spelled out in Section
101.027 (3) (b) 1 Stats.
In addition, the project will evaluate other administrative codes of the department that may be affected by the update of the Wisconsin Commercial Building Code, including at least chapters Comm 14, 40, 43 and 45 relating to fire prevention, gas systems, anhydrous ammonia and mechanical refrigeration. This evaluation may result in changes and the update of rules under these chapters. The objectives of this rule project may be incorporated to one or more rule packages.
Policy Analysis
The Wisconsin Commercial Building Code contains standards for the design, construction, maintenance, use and inspection of public buildings and places of employment. The most recent code updates are based upon the 2009 editions of model codes developed by the International Code Council. The Wisconsin Commercial Building Code adopts and references the International Building Code, IBC, the International Energy Conservation Code, IECC, the International Mechanical Code, IMC, the International Fuel Gas Code, IFGC, and the International Existing Buildings Code, IEBC.
The primary purpose of the codes under consideration is to protect public health, safety, and welfare. Periodic review and update of the Codes is necessary to ensure that the Codes still achieve that purpose. In addition, the review and update allows the opportunity to recognize and stay current with new construction products and practices. The review and update process will include evaluation of the 2012 editions of the above-mentioned national model codes for incorporation.
The primary alternative would be to delay the rule-review process. This delay would reduce the public benefits that would otherwise occur by beginning this review now. Delaying also has the potential to violate the timeliness requirements associated with the energy conservation measures spelled out in Section
101.027(3) (b) 1 Stats.
Statutory Authority
Comparison with Federal Regulations
General Building Code
•
Code of Federal Regulations – An Internet-based search for “federal commercial building code" and “building code regulations" in the Code of Federal Regulations (CFR) did not identify any federal regulations pertaining to these topics.
•
Federal Register – An Internet-based search for “federal commercial building code" and “building code regulations" in the 2010 to 2011 issues of the Federal Register did not identify any proposed federal regulations pertaining to these topics.
Energy Conservation Requirements
•
Code of Federal Regulations – The portion of the CFR relating to energy conservation for commercial buildings and facilities is found under
10 CFR 420–State Energy Program. The purpose of this regulation is to promote the conservation of energy, to reduce the rate of growth of energy demand and to reduce dependence on imported oil through the development and implementation of comprehensive state energy programs. This regulation initially required that each state's energy conservation rules for new buildings be no less stringent than the provisions of the 2004 edition of ASHRAE Standard 90.1, Energy Standard for Buildings Except Low-Rise Residential Buildings.
•
Federal Register – According to the Federal Register dated September 3, 2010, “The Department of Energy (DOE) has preliminarily determined that the 2007 edition of the Energy Standard for Buildings, Except Low-Rise Residential Buildings, American National Standards Institute (ANSI)/American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Illuminating Engineering Society of North America (IESNA) Standard 90.1-2007, (Standard 90.1-2007) would achieve greater energy efficiency in buildings subject to the code, than the 2004 edition (Standard 90.1-2004 or the 2004 edition). Also, DOE has preliminarily determined that the quantitative analysis of the energy consumption of buildings built to Standard 90.1-2007, as compared with buildings built to Standard 90.1-2004, indicates national source energy savings of approximately 3.7 percent of commercial building energy consumption. Additionally, DOE has preliminarily determined site energy savings are estimated to be approximately 4.4 percent. If these determinations are finalized, States would be required to certify that they have reviewed the provisions of their commercial building code regarding energy efficiency, and as necessary, updated their code to meet or exceed Standard 90.1-2007. Additionally, this Notice provides guidance to States on Certifications, and Requests for Extensions of Deadlines for Certification Statements, should the preliminary determination by adopted as final."
Accessibility Requirements
•
Code of Federal Regulations – The portions of the CFR relating to accessibility in commercial buildings and facilities include the following:
1.
28 CFR 35 – Nondiscrimination on the Basis of
Disability in State and Local Government
Services.
2.
28 CFR 36 – Nondiscrimination on the Basis of
Disability by Public Accommodations and in
Commercial Facilities.
3.
24 CFR 40 – Accessibility standards for design,
construction, and alteration of publicly owned
residential structures.
4.
24 CFR 41 – Policies and procedures for the
enforcement of standards and requirements for
accessibility by the physically handicapped.
Both
28 CFR 35 and
28 CFR 36 require public buildings and commercial facilities – including government-owned and - operated buildings and facilities – be designed, constructed and altered in compliance with the accessibility construction regulations specified under the federal Americans with Disabilities Act Accessibility Guidelines (ADAAG). The purpose of
24 CFR 40 and
24 CFR 41 is to provide technical guidance on the design and construction of dwelling units as required by the federal Fair Housing Amendments Act of 1988.
The intent of the IBC and the amendments included under Chapter
Comm 62 is to ensure the Wisconsin construction requirements related to accessibility are equivalent to these applicable federal laws and regulations.
•
Federal Register – Proposed federal regulations and amendments to established federal regulations for accessibility are found in the following issues of the Federal Register:
1.
October 24, 2008 – Design and Construction Requirements; Compliance with ANSI A117.1 (2003) Standards.
2. August 5, 2005 – ADAAG; Corrections.
3. December 7, 2009 – Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities.
4. March 23, 2007 – ADAAG Supplementary Material.
5. November 23, 2005 – ADAAG Public Rights-of-Way.
6. April 17, 2006 – Multifamily Building Conformance with the Fair Housing Accessibility Guidelines: Improving the Methodology.
The ICC is actively monitoring the proposed changes to the federal standards affecting accessibility and will include these changes in future editions of the IBC and the corresponding ICC/ANSI A117.1–Accessible and Usable Buildings and Facilities Standard.
Comparison with Rules in Adjacent States
An Internet-based search of the four adjacent states found the following regulations that include similar requirements relating to public buildings and places of employment:
•
Illinois – Illinois does not administer a statewide building code with the exception of the 2009 International Energy Conservation Code, as of May 2011. There is no information to indicate their intentions associated with the 2012 edition.
•
Iowa – The Iowa Department of Public Safety administers the
Iowa State Building Code. Effective January 1, 2010, the department adopted the 2009 editions of the IBC, IMC, IEBC and IECC with Iowa amendments. The proposed State Building Code also adopted by reference the National Electrical Code, and the State Plumbing Code, adopted by the Iowa Department of Public Health. There is no information to indicate their intentions associated with the 2012 editions.
•
Michigan – The Michigan Department of Licensing and Regulatory Affairs, Bureau of Construction Codes administers the Michigan construction codes. The 2009 Michigan Building/Residential, Rehabilitation and Energy Code Rules were filed with the Secretary of State on November 8, 2010, and become effective March 9, 2011. These codes include (all 2009 Michigan) the Building Code, Mechanical Code, Plumbing Code, Residential Code, Rehabilitation Code, Uniform Energy Code, as well as the 2008 National Electrical Code with 2008 Michigan Part 8. There is no information to indicate their intentions associated with the 2012 editions.
•
Minnesota – The Minnesota Department of Labor and Industry Construction Codes and Licensing Division (CCLD) oversees construction-related activities in the areas of licensing, plan review, education, code development, enforcement and inspection in Minnesota. Minnesota State Building Code, which adopted the 2006 editions of the IBC, IFGC and IMC. They chose to bypass the 2009 editions of the International Residential Code (IRC), International Building Code (IBC), and International Fire Code (IFC). Minnesota will strive to have their advisory committees and the state fire chief's code committee ready to review the 2012 editions of these codes.
Estimate of Time Needed to Develop the Rule
The Department estimates approximately 2000 hours will be needed to perform the review and develop any needed rule changes. This time includes drafting the changes – in consultation with the seven specialty advisory councils and the two overarching advisory councils, the Commercial Building Code Council and the Multifamily Dwelling Code Council – and processing the changes through public hearings, legislative review, and adoption. The Department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
Regulation and Licensing —
Board of Nursing
Subject
This scope statement relates to the amendment of the current administrative rule N 3.03 relating to nurse licensure through the endorsement process. Under the existing rule, nurses who are licensed in another state or jurisdiction may be eligible for licensure on the basis of the credential which they hold in that state.
Objective of the Rule
Currently, a person licensed as a nurse in another state, territory, province or other jurisdiction is prohibited from obtaining licensure as a registered nurse or licensed practical nurse through the endorsement process if there has been disciplinary action against their nurse license. The Wisconsin Board of Nursing seeks to exercise its authority to accept or deny applications for licensure through the endorsement process by allowing the board to consider the circumstances of the discipline and determine if licensure is warranted.
Policy Analysis
Promulgation of such a rule would facilitate the ability of nurses to obtain licensure to work in our state and increase the available workforce, as well as promote efficiency and fairness. The Wisconsin rule is inconsistent with the rules in the (4) four border states which allow the exercise of discretion when applying for licensure thru endorsement. The proposed rule change fosters continued mobility of the nurse workforce and benefits employers by increasing access to qualified nurses.
Statutory Authority
Comparison with Federal Regulations
This area is not regulated by federal law.
Entities Affected by the Rule
