The proposed revisions to ch.
SPS 318 would adopt the current editions of the ASME A17.1 and A18.1 standards, which are the 2013 and 2011 editions, respectively. The proposed rule revisions also contain a number of modifications to the technical requirements within these standards, such as refining how various inspections are to occur, and include reorganizing the current requirements and applying various editorial improvements — all of which are intended to better reflect contemporary industry and regulatory best practices.
Summary of, and comparison with, existing or proposed federal regulations
No existing or proposed federal regulations were found to address or impact the activities to be regulated by these rule revisions.
Comparison with rules in adjacent states
An Internet-based search found that all of the adjacent states adopt by reference certain editions of the ASME A17.1 and A18.1 standards. The adjacent states also create amendments to the adopted standards, similar to Wisconsin's administrative rules relating to elevators, escalators, and lift devices.
The following are the adjacent states and the editions of the ASME standards that they adopt and enforce:
(a) The Illinois Office of the State Fire Marshal, Division of Elevator Safety is responsible for implementing the Elevator Safety and Regulation Acts. The 2010 edition of the ASME A17.1 standard, Safety Code for Elevators and Escalators; the 2005 edition of the ASME A17.3 standard, Safety Code for Existing Elevators and Escalators; and the 2008 edition of the ASME A18.1 standard, Safety Standard for Platform Lifts and Stairway Chairlifts are each adopted by reference.
(b) The Iowa Department of Workforce Development, Division of Labor Services, Elevator and Escalators oversees all elevators, escalators, dumbwaiters, and related equipment to ensure they comply with all applicable rules and statutes. The 2010 edition of the ASME A17.1 standard and the 2011 edition of the ASME A18.1 standard are both adopted by reference.
(c) The Minnesota Department of Labor and Industry is responsible for enforcing minimum requirements relating to building codes, including elevators and related devices. The requirements address the design, construction, installation, alteration, repair, removal, operation, and maintenance of passenger elevators. The 2004 edition of the ASME A17.1 standard and its A17.1A addenda and 2005 supplement are adopted by reference, as is the 2005 edition of the ASME A18.1 standard.
(d) The Michigan Department of Labor and Economic Growth is responsible for issuing permits; examination and licensing of elevator journeypersons and contractors; inspecting elevators, escalators, and dumbwaiters; investigating complaints; and reporting elevator accidents. The state rules establish, for the protection of the general public, minimum safety requirements for inspection, construction, installation, alteration, maintenance, repair, and operation of elevators. The 2007 edition of the ASME A17.1 standard and the 2008 edition of the ASME A18.1 standard are both adopted by reference.
Summary of factual data and analytical methodologies
The primary methodology for this updating of ch.
SPS 318 consisted of comprehensively reviewing and assessing the latest editions of the national technical standards for the design and construction of conveyances, which serve as the basis for ch.
SPS 318. Staff prepared a comprehensive comparison of the changes in the latest editions of the ASME standards to the editions currently adopted under ch.
SPS 318. The Department's review and assessment process included the participation of the Conveyance Safety Code Council, as established under ch.
15 of the Statutes. The members of that Council represent many stakeholders involved in the conveyance industry, including manufacturers, designers, contractors, inspectors, and the general public as users of the conveyances.
The Department believes that the national model codes reflect current societal values with respect to protecting public health, safety, and welfare in the design, construction, use, operation, and maintenance of conveyances in commercial and residential buildings. The ASME-standard-setting committees use a process open to all parties in the development of their codes. More information on the development of these standards may be obtained from the ASME website at
www.asme.org.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The Department used the Conveyance Safety Code Council to gather and analyze information on potential impacts of complying with both the technical and administrative requirements of the proposed rule revisions.
By posting rule development and council activities on the Department's website, small businesses can follow the development of proposed code changes.
Adopting the current editions of the ASME A17.1 and A18.1 standards are not expected to impose a significant impact on small businesses selling conveyances or providing services for conveyances.
It is anticipated these rule revisions will not have a significant impact on small businesses installing elevators and dumbwaiters.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
The Department believes the proposed rule revisions will not increase the effect on small businesses beyond what the current rules impose on them.
The Department's Regulatory Review Coordinator may be contacted by e-mail at
Tom.Engels@wi.gov:, or by calling (608) 266-8608.
Agency Contact Person
Sam Rockweiler, Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI, 53708-8366; or at telephone (608) 266-0797; or by e-mail at
sam.rockweiler@wi.gov; or by telecommunications relay services at 711.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
1. Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
SPS 318, 362, and 366 – Elevators, Escalators, and Lift Devices
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3. Subject
|
Elevators, Escalators, and Lift Devices
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED X PRO
⍽ PRS
⍽ SEG ⍽ SEG-S
|
20.165 (2) (j)
|
6. Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
9. Policy Problem Addressed by the Rule
|
The proposed rule revisions would primarily adopt the most current edition of the American Society of Mechanical Engineers (ASME) A17.1 and A18.1 standards for conveyances, which are the 2013 and 2011 editions, respectively. The revisions contain a number of modifications to the technical requirements within these standards, primarily relating to how inspections occur, and include reorganizing the current requirements and applying various editorial changes – all of which are intended to better reflect contemporary industry and regulatory best practices.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
Representatives of manufacturers, designers, contractors, inspectors, and the general public as users of the conveyances
|
11. Identify the local governmental units that participated in the development of this EIA.
|
City of Madison
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12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
Some additional cost may be incurred because of additional testing of below-grade hydraulic components of some existing hydraulic elevators, as required by the ASME A17.1 standard, but this requirement is not expected to have a significant adverse effect.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Installation, operation, inspection, and testing of elevators, escalators, and lift devices would be guided by more up-to-date standards and information; and public safety would be increased. The alternatives include continuing to apply the current, outdated standards.
|
14. Long Range Implications of Implementing the Rule
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Clarity and ease of use of the regulations, and public safety, would be improved.
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15. Compare With Approaches Being Used by Federal Government
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See comparison in the rule analysis that accompanies the proposed rule revisions.
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16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
See comparison in the rule analysis that accompanies the proposed rule revisions.
|
17. Contact Name
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18. Contact Phone Number
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Sam Rockweiler
|
608-266-0797
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services
Uniform Dwelling Code, Chs.
320—325
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services in sections 101.63 (intro.) and (1) (intro.) and 227.11 (2) (a) of the Wisconsin Statutes, the Department of Safety and Professional Services will hold a public hearing at the time and place shown below to consider an order to amend sections
SPS 321.02 (1) (c),
321.23, Table 321.25–A, 321.25 (7) (d) and (8) (a) (Note), and Chapters
SPS 320 to
325 Appendix — Minimum Fastener Schedule Table; and to repeal and recreate s.
SPS 321.25 (8) (b) to
(h) and
(9), relating to
wall bracing for one- and two-family dwellings. As provided in section
227.24 (4) of the Statutes, this hearing will also be for emergency rules that identically address these SPS sections.
Hearing Information
Date: Tuesday, March 11, 2014
Time: Commencing at 10:00 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121C
Madison, Wisconsin
Appearance at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions, and arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without a personal appearance, by e-mail to
sam.rockweiler@wi.gov or by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366. Written comments must be received at or before the public hearing to be included in the record of rulemaking proceedings.
Copies of Rule
Copies of this proposed rule are available upon request to Sam Rockweiler, Rules Coordinator Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8366, Madison, Wisconsin 53708-8366, by email at
sam.rockweiler@wi.gov or on our website at
http://dsps.wi.gov/ Default.aspx?Page=44e541e8-abdd-49da-8fde-046713617e9e.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute.
Sections
101.63 (intro.) and
(1) (intro.) require the Department to adopt rules which establish standards for the construction and inspection of one- and two-family dwellings and components thereof. No set of rules may be adopted that has not taken into account the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions.
Related statute or rule
Various other statutes and rules promulgated by the Department address construction and inspection of public buildings and places of employment, and some of those rules likewise address designing those structures to withstand wind loads.
Plain language analysis
These rule revisions would clarify and simplify the prescriptive methods in ch.
SPS 321 for designing wall bracing for one- and two-family homes, to adequately withstand wind loads.
Summary of, and comparison with, existing or proposed federal regulation
An Internet-based search of the
Code of Federal Regulations (CFR) and the
Federal Register did not find any federal regulations relating to the rule revisions herein for one- and two-family dwellings — other than the preemptive construction, installation, and safety standards for manufactured homes in
24 CFR Parts 3280 and
3285.
Comparison with rules in adjacent states
Illinois: An Internet-based search did not reveal the existence of a statewide one- and two-family dwelling code. Dwelling regulation appears to be left up to the individual local units of government.
Iowa: An Internet-based search did not reveal the existence of a statewide one- and two-family dwelling code. Dwelling regulation appears to be left up to the individual local units of government.
Michigan: An Internet-based search revealed a mandatory, statewide one- and two-family dwelling code. The Residential Construction Code under the Construction Code Commission's General Rules, in section 408.305, contains the state amendments to the 2009 International Residential Code (IRC) developed by the International Code Council, and includes wall-bracing requirements that are similar to the requirements which would be replaced by the rule revisions contained herein.
Minnesota: An Internet-based search revealed a mandatory, statewide one- and two-family dwelling code. The Minnesota Department of Labor and Industry, in Chapter 1309, adopts the 2006 IRC, chapters 2-10 and 43. Chapters
2-
10 contain the general construction provisions of the IRC, which include wall-bracing requirements that are similar to the requirements which would be replaced by the rule revisions contained herein.
Summary of factual data and analytical methodologies
The Department received input during several meetings with the Dwelling Code Council. The makeup of this Council is established under section
15.407 (10) of the Statutes and consists of members who are appointed by the Governor. The Council includes representatives of several types of small businesses. Through this Council, the Department was able to gather information on the potential impacts of the rule revisions contained herein.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The rule revisions are not expected to significantly impact small business because they would clarify and simplify current requirements rather than impose new restrictions.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
These rule revisions are not expected to have an economic impact on small businesses, as defined in section
227.114 (1) of the Statutes. The Department's Regulatory Review Coordinator may be contacted by e-mail at
Tom.Engels@wisconsin.gov, or by calling (608) 266-8608.
Agency Contact Person
Sam Rockweiler, Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI, 53708-8935; or at telephone (608) 266-0797; or e-mail at
sam.rockweiler@wi.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
1. Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
SPS 321, and 320 to 325 Appendix — Uniform Dwelling Code
|
3. Subject
|
Wall Bracing for One- and Two-Family Dwellings
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED ⍽ PRO ⍽ PRS
⍽ SEG ⍽ SEG-S
|
20.165 (2) (j)
|
6. Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
9. Policy Problem Addressed by the Rule
|
The proposed rule revisions primarily would clarify and simplify the prescriptive methods in chapter SPS 321 for designing wall bracing for one- and two-family homes, to adequately withstand wind loads.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
Representatives of each of the following: building-trade labor organizations; certified building inspectors employed by local units of government; building contractors actively engaged in on-site construction of one- and two-family housing; manufacturers, retailers, or installers of manufactured or modular one- and 2-family housing; architects, engineers, or designers who are registered under chapter 443 of the Statutes and who are actively engaged in the design or evaluation of one- and two-family housing; the construction material supply industry; remodeling contractors actively engaged in the remodeling of one- and two-family housing; persons with disabilities, as defined in section 106.50 (1m) (g) of the Statutes; and fire prevention professionals.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
City of Wausau
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
No significant negative economic or fiscal impact is expected.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Design, construction, and inspection of wall bracing would be clarified and simplified – which should reduce costs and delays. The current costs and delays would continue if the rule is not implemented.
|
14. Long Range Implications of Implementing the Rule
|
Clarity and ease of use of the requirements would be improved.
|
15. Compare With Approaches Being Used by Federal Government
|
See comparison in the rule analysis that accompanies the proposed rule revisions.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
See comparison in the rule analysis that accompanies the proposed rule revisions.
|
17. Contact Name
|
18. Contact Phone Number
|
Sam Rockweiler
|
608-266-0797
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services
Uniform Dwelling Code, Chs.
320—325
General Part II, Chs.
326—360
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services by sections 101.935 (3), 101.937 (1), 101.96 (1) (a) and (b), and 227.11 (2) (a) of the Wisconsin Statutes, and interpreting sections 101.935 (3), 101.937 (1), and 101.96 (1) (a) and (b) of the Wisconsin Statutes, the Department will hold a public hearing at the time and place indicated below to consider the proposed order to revise Chapters
SPS 320,
321, and
326, relating to manufactured homes and manufactured home communities.
Hearing Information
Date: Friday, March 14, 2014
Time: Commencing at 9:30 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121C
Madison, Wisconsin
Appearance at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions, and arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without a personal appearance, by e-mail to
sam.rockweiler@wi.gov or by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366. Written comments must be received at or before the public hearing to be included in the record of rulemaking proceedings.
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Sam Rockweiler, Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI, 53708-8366; or by e-mail to
sam.rockweiler@wi.gov. Comments must be received on or before
March 14, 2014, to be included in the record of rulemaking proceedings.
Copies of Rule
Proposed Order
An order of the Department of Safety and Professional Services to repeal SPS 326.10 (4); 326.32 (3) (b), (7), and (8); 326.34 (1) (a) (Note) and (6); 326.36 (1) (b) 2.; 326.37; and 326.38 (1) (c);
to renumber SPS 326.10 (5) to (20), 326.16, 326.32 (3) (c) to (e), 326.34 (7) and (8), and 326.36 (1) (b) 3. and 4.;
to renumber and amend SPS 326.33 (1) (a);
to amend SPS 321.40 (2) (b) 8.; 326.12 (1) (c) (intro.), 1., and 2.; 326.16 (Note); 326.19 (intro.) and (1); 326.28; 326.30 (1) (a), (b), and (2) (Note); 326.34 (1) (a) and (2); 326.36 (1) (intro.), (c), and (i), and (2); 326.38 (1) (intro.); 326.44 (intro.); and 326.49 (1) (intro.);
to repeal and recreate SPS 321.40 (1) and (Note [1]);
and to create SPS 320.07 (52m) (Note [2]), 321.40 (2) (title), 326.16 (2) and (3), and SPS 326.20 relating to manufactured homes and manufactured home communities.
Analysis Prepared by the Department of Safety and Professional Services
