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Rule-making notices
Notice of Hearing
Commerce
[CR 02-002]
NOTICE IS HEREBY GIVEN that pursuant to ss. 101.63 (1) and (2), 101.73 (1) and 145.02 (2), Stats., the Department of Commerce will hold public hearings on revision to chs. Comm 2, 34, 81 to 87, and 90 relating to Wisconsin Uniform Plumbing Code; Fees; Amusement Rides; and Design and Construction of Public Swimming Pools.
Hearing Date, Time and Location
Wednesday, February 13, 2002 @ 9:30 a.m.
Tommy G Thompson Commerce Ctr.
201 W. Washington Ave., Conf. Rm. 3C
Madison, WI
Analysis of Proposed Rules
Statutory authority:   ss. 101.145, 101.19 (1) (b); 101.60, 101.63 (1) and (2), 101.70, 101.73 (1), 145.02 (2), 145.26, and 167, Stats.
Statutes interpreted:   ss. 145.02 (4), and 145.13, Stats.
Under s. 145.02, Stats., the Department of Commerce has the responsibility of safeguarding public health and the waters of the state relative to the construction, installation and maintenance of plumbing. One mechanism of the Department to fulfill this responsibility has been the promulgation of the state uniform plumbing code, chs. Comm 81 to 84.
This rule revision relates to various changes to chs. Comm 2, 34, 81, 82, 84 and 90 relating to the Wisconsin Uniform Plumbing Code; Fees; Amusement Rides; and Design and Construction of Public Swimming Pools.
A proposed revision to ch. Comm 2, Table 2.64-1 is to include the fees for submittals involving use of alternate standards, designs for nonpotable water treatment systems and stormwater infiltration systems. Revisions to s. Comm 2.68 relate to fees for construction inspections for public pools by the department or its agents. A new section, s. Comm 2.645, is proposed to establish a fee for the registration of cross connection control devices or assemblies no longer required to be submitted for plan review.
Proposed revisions to ch. Comm 34, amusement rides, encompass deleting the section on waterslides, s. Comm 34.50, and modifying that language into s. Comm 90.20 (4).
Revisions to ch. Comm 81 include a number of definitions relating to health-care plumbing and cross connection control, as well as alternate plumbing systems. The definitions relating to mobile homes and mobile home parks have been revised to reflect current state Statutes. Also included are the adoption of national standards specifically recognizing the use of plastic materials and adoption of the most current copies of standards previously adopted by Commerce. Section Comm 81.20 is repealed and recreated to reflect current practice with regard to primary and alternate standards.
Chapter Comm 82, the design, construction, installation, supervision and inspection of plumbing, is proposed for a number of additions or revisions. The scope of this chapter is being revised to acknowledge that plumbing systems shall be maintained. Throughout ch. Comm 82, notes are proposed concerning plumbing setbacks to wells are as specified by the department of natural resources. Various minor revisions to ch. Comm 82 will correct current errors and recognize current plumbing practices.
Section Comm 82.10, basic plumbing principles are proposed to be updated to reflect changing philosophies within the plumbing industry, including:
Allowing recycling of wastewater in addition to the traditional holding, treatment and dispersal.
Changing the reference to the “efficient" transport of wastewater that is proposed to replace the language to “quickly" transport wastewater. Many systems require lower velocities to reduce turbulence and also to promote sedimentation of solids.
Adding to the basic plumbing principles the statutory mandate to protect the waters of the state.
Changes to s. Comm 82.20 are proposed to eliminate plan review for cross connection control devices and assemblies, except for those installed in hospitals or health-care and related facilities [Table 82.20-1] and to establish the process for registration of these devices and assemblies [s. Comm 82.20 (13)].
Section Comm 82.30 (11), insulation for building sewers, is being clarified and expanded to allow forming a box of polystyrene foam around the piping reflecting current practice.
Section Comm 82.30 includes other revisions reflecting table format and standardizing terminology. In Table 82.30-1, the drainage fixture unit values (dfu) are expanded and revised to include additional fixtures. In addition, dfu values for health-care facilities are proposed to be incorporated in the table. Presently the number of water closets impact the load permitted on 3" diameter drain pipe; the proposed revision will eliminate this restriction. Sump and pump requirements are proposed to be revised to codify alternate approvals for homogenous units and expand requirements for exterior sumps. Another revision will require alarms to indicate failure of duplex units.
Section Comm 82.20 (4) is being revised to eliminate the need for receipt of the water quality management (WQM) letter prior to plumbing plan approval. (Frequently project construction is started prior to receipt of this letter. In most cases the property has passed zoning approval and other building permitting requirements prior to the plumbing plan submittal.)
Section Comm 82.31 includes amendments for clarifying various venting methods based on location of fixtures and dfu values of the fixture.
Section Comm 82.32 includes a section to define requirements for campgrounds and exterior sanitary traps.
Section Comm 82.33 is the subject of clarification for indirect waste piping as well as proper installation for residential dishwashers. Approved materials for these installations are included in ch. Comm 84. Revisions for receptors of indirect wastes will allow more options for acceptable receptors for wastewater from water treatment devices, furnaces, sterilizers and air conditioners. Requirements for the connection of dishwashing and clothes washing machines will be more consistent with national standards.
Section Comm 82.34, revisions to the requirements for the installation of garage catch basins and interceptors are proposed; these revisions will clarify current policy statements and interpretations.
Sections Comm 82.35 and 82.36 are being proposed for changes relating to the discharge and dispersal to drain systems.
Section Comm 82.37, requirements for campground plumbing installations are included in the proposal. Currently no requirements are codified. This section would now include a separate section on water supply and drain systems for campgrounds.
Section Comm 82.38 and Table 82.38-1 are being created to list the allowable discharge points for drinking fountains, iron filters, water softeners and floor drains.
Section Comm 82.40 contains allowances for the use of water in a plumbing system that do not comply with drinking water standards as specified in s. Comm 82.70. Other additions proposed for this section are specific to piping serving water treatment devices. Table 82.40-2 includes the revisions to the water supply fixture units for health-care fixtures. Tables 82.40-10 and 82.40-11 are created to reflect loading for various pipe materials.
Section Comm 82.50, health care and related facilities, is repealed and recreated in its entirety to reflect contemporary health-care practices and facilities, such as hospitals, clinics, and operatories, community-based residential facilities and other inpatient and nursing facilities. The section provides language for safeguarding the water supply as well as reducing scalding for the end user. Table 82.50-1 is being created to specify spouts and actions of various fixtures when used in health care facilities.
Section Comm 82.51 regarding water supply, and drain and vent systems for mobile home parks is revised in total for better organization and clarification.
Section Comm 82.60, Table 82.60 is revised to include new materials and the pipe supports.
Section Comm 82.70 is being created to specify treatment standards for plumbing systems based on specific uses. These standards apply to wastewater treatment devices and drinking water treatment devices.
Chapter Comm 84, plumbing products, is proposed to be revised in part. Tables 84.30-8 and 84.30-9 include footnotes to clarify under what water conditions copper tubing shall not be installed. A new Table 84.30-11 has been created for the listing of piping standards for fixture supply connectors and indirect waste piping/tubing when used with point-of-use water treatment devices. Terminology has been updated in these tables to reflect use of the materials for POWTS.
Proposed changes to ch. Comm 90, design and construction of public swimming pools, relate to modifying terms for slides and water attractions [s. Comm 90.03] as well as creating or modifying sections which outline the process for construction inspection of public pools and water attractions. Minor changes throughout modify the term water recreation attraction to be consistent with state Statutes as water attractions.
The proposed rule revisions were developed with the assistance of the Plumbing Advisory Code Council. This Council consists of the following individuals: Thomas Boehnen, American Society of Plumbing; Rudy Petrowitsch, American Society of Sanitary Engineers; Gary Hamilton/Jack Ellinger, State AFL-CIO; Gary Kowalke, plumbing contractors; Mark Krowski, City of Milwaukee; Jeff Kuhn, Plumbing and Mechanical Contractors of SE Wisconsin; Clint McCullough, Madison Contractors Association; Bob Netzler, League of Wisconsin Municipalities; Joe Zoulek, Wisconsin Association of Plumbing, Heating, Cooling Contractors, Inc.; Dave Viola, Plumbing Manufacturers Institute; Dale Schlieve, WI Society of Professional Designers of Engineering Systems, Inc.; and Gene Shumann, plumbing designers.
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until February 27, 2002, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.
Interested persons are invited to appear at the hearings and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until February 27, 2002, to permit submittal of written comments from persons who are unable to attend a hearing or who wish to supplement testimony offered at a hearing.
Written comments should be submitted to:
Jean M. MacCubbin, Department of Commerce
Administrative Services Division
P.O. Box 2689
Madison, WI 53701-2689
These hearings are held in accessible facilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon request by a person with a disability.
Environmental Assessment
Notice is hereby given that the Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:
Jean M. MacCubbin
Division of Administrative Services
Department of Commerce
P.O. Box 2689
Madison, Wisconsin 53701-2689
Telephone (608) 266-0955
or TTY (608) 264-8777
Written comments will be accepted until February 27, 2002.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Portions of this rule revision incorporate changes to plumbing designs and installations for various facilities or buildings, such as mobile home parks, campgrounds, health-care facilities, including CBRFs and nursing homes, and water treatment devices.
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