STATE OF WISCONSIN
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
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IN THE MATTER OF RULEMAKING : ORDER OF THE
PROCEEDINGS BEFORE THE : DEPARTMENT OF SAFETY
: AND PROFESSIONAL SERVICES
DEPARTMENT OF SAFETY AND : ADOPTING RULES
PROFESSIONAL SERVICES : (CLEARINGHOUSE RULE 22-069)
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ORDER
An order of the Department of Safety and Professional Services to repeal and recreate SPS 362.3102; and to create SPS 361.04 (15) and (15g), 362.1207, and 362.2902 (5m), relating to recreational and educational camps.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: Section 101.053 Explanation of agency authority:
Section 101.02 (1), Stats., states "[t]he department shall adopt reasonable and proper rules and regulations relative to the exercise of its powers and authorities and proper rules to govern its proceedings and to regulate the mode and manner of all investigations and hearings..." “(a) The department has such supervision of every employment, place of employment and public building in this state as is necessary adequately to enforce and administer all laws and all lawful orders requiring such employment, place of employment or public building to be safe, and requiring the protection of the life, health, safety and welfare of every employee in such employment or place of employment and every frequenter of such place of employment, and the safety of the public or tenants in any such public building...
(b) The department shall administer and enforce, so far as not otherwise provided for in the statutes, the laws relating to laundries, stores, licensed occupations, school attendance, bakeries, intelligence offices and bureaus, manufacture of cigars, sweatshops, corn shredders, wood-sawing machines, fire escapes and means of egress from buildings, scaffolds, hoists, ladders and other matters relating to the erection, repair, alteration or painting of buildings and structures, and all other laws protecting the life, health, safety and welfare of employees in employments and places of employment and frequenters of places of employment…
(h) The department shall investigate, ascertain, declare, and prescribe what safety devices, safeguards or other means or methods of protection are best adapted to render the employees of every employment and place of employment and frequenters of every place of employment safe, and to protect their welfare as required by law or lawful orders.
(i) The department shall ascertain and fix such reasonable standards and shall prescribe, modify and enforce such reasonable orders for the adoption of safety devices, safeguards and other means or methods of protection to be as nearly uniform as possible, as may be necessary to carry out all laws and lawful orders relative to the protection of the life, health, safety and welfare of employees in employments and places of employment or frequenters of places of employment.
(j) The department shall ascertain, fix and order such reasonable standards or rules for constructing, altering, adding to, repairing and maintaining public buildings and places of employment in order to render them safe.”
Section 101.023, Stats., states that the commercial building code council shall review and make recommendations to the department pertaining to rules and any matter related to constructing, altering, adding to, repairing, and maintaining public buildings and buildings that are places of employment. Pursuant this section, the department consulted with the commercial building code council. No recommendations were made. Section 101.053 (2), Stats. requires the Department to promulgate rules revising the commercial building code to create separate standards for the construction and inspection of recreational and educational camps that take into account the unique uses of such camps, including seasonal use. “Except for plans that are reviewed by the department of health services under ss. 50.02 (2) (b), 50.025, 50.36 (2), or 50.92 (3m), the department shall require the submission of essential drawings, calculations and specifications for public buildings, public structures and places of employment including the following components: (a) Heating, ventilation, air conditioning and fire detection, prevention, or suppression systems.
(b) Industrial exhaust systems.
(c) Elevators, escalators, lifts, as defined in s. 167.33 (1) (f), and power dumbwaiters. (d) Stadiums, grandstands, and bleachers.
(e) Amusement and thrill rides equipment.”
Section 101.12 (3m) (a), Stats. states that “[t]he department shall promulgate rules for the administration of a program to certify 2nd class cities to perform the examination of essential drawings, calculations and specifications in accordance with sub. (1).” Section 101.12 (3m) (e), Stats. states that “[t]he department shall by rule set fees, to be collected by the 2nd class city and remitted to the department, to meet the department’s costs in enforcing and administering its duties under this paragraph.” Section 101.82 (1), Stats. requires the electrical code standards promulgated by the Department to take into account the unique uses of recreational and educational camps, including seasonal use.
