Scope Statements
Safety and Professional Services
Commercial Building Code, Chs.
SPS 361—366
This statement of scope was approved by the governor on November 20, 2014.
Rule No.
Relating to
Mechanical ventilation systems for minor repair garages.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
2. Detailed Description of the Objective of the Proposed Rule
The objective of this rulemaking project is to update chs.
SPS 361 and
364 to reflect best practices for ventilation at minor repair garages that service natural gas vehicles.
3. 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 Department's current rules regarding ventilation systems for repair garages servicing natural gas vehicles apply to both major and minor repair garages. The expected rule revisions would modify the requirements for minor repair garages to reflect contemporary industry practices.
The current rules have become out-of-step with contemporary industry practices. The stakeholders who are regulated by these rules can be negatively affected by the differences. Further disruption and complaints are expected if the rules are not updated to eliminate the differences.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Under s.
101.02 (1) and
(15) (h) to
(j) of the Statutes, the Department is required to establish rules and prescribe safeguards for protecting the life, health, safety, and welfare of employees and frequenters of public buildings and places of employment. Under s.
101.025 (1) of the Statutes, for any rule that requires intake of outside air for ventilation, the Department is required to specify minimum quantities of outside air which must be supplied based upon the type of occupancy, the number of occupants, any areas with toxic or unusual contaminants, and other pertinent criteria determined by the Department. The Department is also required to set standards where the mandatory intake of outside air may be waived when the owner has demonstrated that the resulting air quality is equivalent to that provided by outdoor ventilation. Under s.
101.025 (4) of the Statutes, the Department is required to establish rules setting a maximum rate of leakage allowable from outside-air dampers when the dampers are closed, and maintenance standards for ventilation systems in public buildings and places of employment existing since April 30,1980. The Department also has authority under s.
227.11 (2) (a) of the Statutes 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.
5. 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 revise the rules is expected to be 100 hours. This time includes research; consulting with stakeholders; drafting rule revisions; and processing the revisions through public hearings, legislative review, and adoption. There are no other resources necessary to revise the rules.
6. List with Description all Entities that may be Affected by the Proposed Rule
Owners and operators of vehicles that use compressed natural gas, and owners and operators of minor repair facilities for natural gas vehicles.
7. 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) found the following existing federal regulation relating to workplace ventilation, as covered in this update of chs.
SPS 361 and
364:
29 CFR 1910.94 — Ventilation. This regulation in the federal Department of Labor contains their occupational safety and health standards relating to ventilation, but does not specifically address compressed natural gas.
An Internet-based search of the 2013 and 2014 issues to date of the
Federal Register did not find any proposed regulations relating to mechanical ventilation systems as covered in this update of chs.
SPS 361 and
364.
8. Anticipated Economic Impact of Implementing the Rule
The Department believes that the proposed revisions will have little or no adverse economic impact. Positive economic impacts due to exempting small repair facilities from needing full-scale natural-gas ventilation systems could approach $110,000 per facility and $6,000,000 per year. Nevertheless, the Department plans to solicit information and advice from businesses, local government units, and individuals in relation to the economic effects of the new provisions.
Contact Person
Safety and Professional Services —
Podiatry Affiliated Credentialing Board
This statement of scope was approved by the governor on November 20, 2014.
Rule No.
Relating to
Overtreatment of patients.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A.
2. Detailed description of the objective of the proposed rule
The objective of the proposed rule is to add a provision to the current Unprofessional Conduct rules for podiatrists to prevent podiatrists from over treating their patients.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Unnecessary and excessive diagnostic testing and treatment is an issue within the health care system. Some podiatrists and other health care professionals are ordering unnecessary tests and treatments which result in increased costs for patients and undue exposure to complications as a result of these treatments. Currently, there are no provisions in the unprofessional conduct rules governing podiatrists that allow the board to discipline for over treatment of patients. The proposed rule would add such a rule as a provision to the unprofessional conduct rules, which would make the act of overtreating a patient subject to discipline.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
15.085 (5) (b), Stats., provides that affiliated credentialing boards such as the Podiatry Affiliated Credentialing Board, “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . ." The proposed rule will provide guidance to licensed podiatrists with regards to over treatment of patients as a basis for a finding of unprofessional conduct.
Section
227.11 (2) (a), Stats., provides that, “[e]ach agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation."
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Staff will spend approximately 80 hours developing the proposed rule.
6. List with Description all Entities that may be Affected by the Proposed Rule
Licensed podiatrists and their patients will be affected by the proposed rule.
7. 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.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
This proposed rule will have minimal or no economic impact on small businesses.
Contact Person
Shawn Leatherwood
Telephone: 608-261-4438
