Rule No.
Relating to
Licensure.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to update the licensure process by both exam and endorsement. The majority of these two chapters were last updated in 1984.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The existing rules has references to a bureau which no longer exists within the Department of Safety and Professional Services; the role of the Examining Councils as outlined in chapter N 2 is obsolete due to modern test taking methodology and the exam currently being used; and the process in the current rule for approval of an application is not consistent with the modern practices and technologies.
The policy proposed would be to update the rule and create clarity regarding the process of obtaining licensure. The Board of Nursing will consider the National Council of State Board of Nursing's model rules and the licensing process used by our neighboring states.
The alternative to the policy is for the rule to remain outdated with inconsistencies. The rules should reflect clear and precise licensing rules rather than attempting to interpret the rules to fit situations which did not exist in 1984.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.08 (5) (b) Each examining board shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains and define and enforce professional conduct and unethical practices not inconsistent with the law relating to the particular trade or profession.
Section
441.01 (3) The board may also establish rules to prevent unauthorized persons from practicing professional nursing. It shall approve all rules for the administration of this chapter in accordance with ch.
227.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
150 hours.
List with Description of all Entities that may be Affected by the Proposed Rule
Applicants.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule Is Likely to Have a Significant Economic Impact on Small Businesses)
None.
Contact Person
Sharon Henes (608) 261-2377.
Safety and Professional Services
Uniform Dwelling Code, Chs.
320—325
This statement of scope was approved by the governor on March 26, 2013.
Rule No.
Relating to
Wall bracing.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
The objective of the rulemaking project is to revise and simplify wall bracing provisions under the Uniform Dwelling Code, chapters SPS 320 to 325.
The objective of the rule is to have a clearly understood rule that enhances compliance with regard to design, construction and inspection.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Chapters
SPS 320 to
325, the Uniform Dwelling Code, establishes statewide, uniform construction, energy efficiency, and inspection rules for one- and 2-family dwellings. Under the construction standards of chapter SPS 321, dwellings are required to meet structural performance provisions to support the actual dead load, live loads and wind loads acting upon it. The minimum wind load is specified at 20 pounds per square foot acting over the surface area of the dwelling. Code provisions also include various prescriptive specifications and alternative provisions that are recognized to address the wind load requirements.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The statutory authority for the Uniform Dwelling Code is under s.
101.63 (intro.) and
(1), Stats. Section
101.63, Stats., reads:
“The department shall:
(1) Adopt rules which establish standards for the construction and inspection of one- and 2-family dwellings and components thereof. Where feasible, the standards used shall be those nationally recognized and shall apply to the dwelling and to its electrical, heating, ventilating, air conditioning and other systems, including plumbing, as defined in s.
145.01 (10). No set of rules may be adopted which has not taken into account the conservation of energy in construction and maintenance of dwellings and the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions. Rules promulgated under this subsection do not apply to a bed and breakfast establishment, as defined under s.
254.61 (1), except that the rules apply to all of the following:"
In addition, under s.
101.63 (3), Stats., the department may:
“Revise the rules under this subchapter after consultation with the dwelling code council or with the contractor certification council, as appropriate."
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The staff time needed to develop the rule is expected to be about 200 hours. This time includes research, drafting rules, consulting and meeting with the UDC Code Council and processing the rules through public hearings, legislative review and adoption. There are no other resources necessary to develop the rules.
List with Description of all Entities that may be Affected by the Proposed Rule
The rulemaking project will affect any entity that is involved in the construction, remodeling and inspection of one- and 2-family dwellings, including designers, contractors, and inspectors.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
An Internet-based search of the Code of Federal Regulations (CFR) and the Federal Register did not find any federal regulations relating to the activities to be regulated for one- and 2-family dwellings. However, CFR Title 24 – Housing and Urban Development, contains regulations in chapter XX relating to the construction and installation of manufactured homes.
Anticipated Economic Impact of Implementing the Rule
It is anticipated that the potential impact implementing these rules may reduce dwelling construction costs.
Contact Person
James Quast, Program Manager, jim.quast@ wisconsin.gov, (608) 266-9292.
Technical College System Board
This statement of scope was approved by the governor on March 27, 2013.
Rule No.
Relating to
Facility development procedures.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
N/A.
Detailed Description of the Objective of the Proposed Rule
The Wisconsin Technical College System (WTCS) recently reviewed the Facility Development Procedures contained in Chapter
TCS 5 of the Wis. Admin. Code to ensure that the process is efficient for both the System and its colleges while maintaining a high quality process that supports the statutory responsibilities of the WTCS Board. The proposed modifications to the code eliminates redundancy within the process, steps that are no longer required, information that is already available to the WTCS, and information that is not available at the time of facility approval. In addition, the definitions of both minor remodeling and minor rentals have not been updated since the 1980's and the proposed definitions take into account inflation, more closely aligns rentals to other procurement standards, and allows the WTCS to focus on larger more complicated projects.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
TCS 5 has been in existence in the 1970's and sets forth procedures for WTCS Board approval and technical college districts' requests for facility development projects, including land acquisition, additional or new facilities, rentals, and remodeling of existing facilities.
The proposed rule changes would delete or amend portions of the following rule sections:
Sections
TCS 5.04 (1) (b),
(1) (e) 2. and
4.,
(2) (b),
(2) (d) 3. and
5.,
(j),
(k),
(3) (b),
(d) 2. and
4.,
(4) (b),
(d) 2. and
4.,
(i), and
(j),
5.05 (3) and
5.06.
In addition, the definitions of minor remodeling and minor rentals found in s.
TCS 5.09 have not been adjusted since 1986. The proposed rule changes would update the limits to reflect inflationary changes and broaden the definitions to ensure efficient administration of both minor rentals and minor remodeling.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
38.04 (10) Wis. Stats. provides that the WTCS Board shall review and approve Technical College districts' facility development projects
38.04 Technical college system board; powers and duties.
(10) ADDITIONAL FACILITIES.
(a) Except as provided under par. (b), the board shall review and approve any proposals by district boards for land acquisition, additional or new facilities, rentals and remodeling of existing facilities, prior to the letting of contracts to construct, remodel, rent or incur debt for such facilities or acquisition of land. The board shall encourage district boards to finance capital building proposals with long-term benefits through bonding or promissory note obligations.
(b) Proposals by district boards for minor rentals and minor remodeling projects are exempt from board review and approval under par. (a). The board shall promulgate rules defining “minor rental" and “minor remodeling" and establishing criteria and procedures for exempting such proposals under this paragraph.
(c) The board shall review and approve, disapprove or modify any proposal by a district board to lease facilities or property to others under s.
38.14 (2) (d).
Estimate of Amount of Time that State Employees Will Spend Developing the Rule And of Other Resources Necessary to Develop the Rule
The amount of time will be minimal.
List with Description of all Entities that may be Affected by the Proposed Rule
The WTCS Board and the 16 technical college districts within the Wisconsin Technical College System.
