STATE OF WISCONSIN
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
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IN THE MATTER OF RULEMAKING : PROPOSED ORDER OF THE
PROCEEDINGS BEFORE THE : DEPARTMENT OF SAFETY AND
DEPARTMENT OF SAFETY AND : PROFESSIONAL SERVICES
PROFESSIONAL SERVICES : ADOPTING RULES
: (CLEARINGHOUSE RULE )
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PROPOSED ORDER
An order of the Department of Safety and Professional services to repeal SPS 361.02 (4), 361.03 (15) (b), 361.31 (2) (b) 2. b., (2) (c), 362.0202 (2) (h), 362.0504, 362.0506, 362.0603, 362.0705, 362.0713, 362.0902, 362.0903 (4) (a) 2., (b), (5) (cm), (7) (b), (12), (16) and (17), 362.0904 (3), 362.0915, 362.1004, 362.1010, 362.1013, 362.1029, 362.1206, 362.1210 (2m), 362.1506, 362.1507, 362.1607, 362.1613, 362.1700, 362.1807, 362.1808, 362.1908, 362.2503, 363.0401 (5), 363.0403 (5), (6), (8), (9), (10), and (11),363.0406, 363.0407, 363.0408, 363.0502, 363.0503 (1), (2), (3), and (4), 363.5402, 363.5502, 363.5503, 364.0300 (1) (Note), 364.0506 (2) (c), 364.0507 (2), 364.0802, 364.1500 (1m), (2m), and (Note), 366.0605, 366.0902 (2), 366.0903, 366.0904, 366.1204, and 366.1301 (2); to renumber SPS 362.0202 (1) (a), 362.0202 (2) (f), 362.0202 (2) (i), 362.1405, 362.3307, 366.0603, 366.0909, and 366.0908; to renumber and amend SPS 362.1101, 362.1107, 362.1111, 362.1203, 362.1204, 362.1503, 366.0400, 366.0600, 366.0606, 366.0609, 366.0804, 366.0809, 366.0810, 366.1010, 366.1011, 366.1012, 366.1205, and 366.1401; To amend SPS 361.03 (12) (intro), (12) (a), (13) (b), (14) (intro), (a), (b), (c), (d), and (Note), 361.03 (15) (g), 361.04 (12), (13), (13g), and (14), 361.05 (1), (2), (3), (4), and (5), 361.30 (1) (b) 1., 361.31 (2) (b) 1., (3) (a), (3) (Note 1), (4) (a) 1., 361.32 (1) and (2), 361.36 (1) (a), (b), (c), (d), (e), (f), and (g), 361 Subchapter V (title), 361.45 (title), 361.46 (title), (1), (2) (intro), (b), (f), (g), and (3), 361.47 (1) (a), (b), (2) (title), (a), (b), (3) (a) 1., 3., (b) 3., (5), (6) (a), (c), (d) 1., (e), and (f), 361.48 (intro.), 361.485 (1) and (2), 361.51 (8) (b), 361.60 (5) (c) 3., 362.0308, 362.0310, 362.0412 (1) and (2), 362.0415 (1), 362.0423, 362.0903 (1), (2), (3), (4) (a) (intro.), (5) (a), (b) 1., (Note 1), (9), (10) (a), and (14), 362.0907 (3), (5) (a), and (b), 362.1006 (1) (intro.) and (b), 362.1015, 362.1020 (intro) and (2), 362.1603 (1) and (3), 362.1802, 362.1806, 362.1810 (8), 362.2211, 362.2510, 362.2902 (1) (a) 2., (d), (e), and (2) (a), 362.3001 (1) and (2), 362.3002 (1) (a) 2. b., 362.3500 (3), 362.3600 (1), 363.0101, 363.0302, 363.0303 (1) (Note), (2) (a) 1., 2., 3., and 4., 363.0401 (1) (b), (2), and (3), 363.0403 (1), (2), (3) (intro.), (b), (4), and (7) (intro.), 363.0600 (1), (2), (3), and (4), 363.5101, 363.5302, 363.5303 (1) (Note), (2) (a) 1., 2., 3., and 4., 363.5403 (2), 363.5405, 363.5600 (1), (2), (3), and (4), 364.0202 (1) (f), 364.0300 (1), 364.0309 (1) (table) a., 364.0401 (2) (b), 364.0402 (table), 364.0403 (5) d. 1., 364.0403 (table) c., and m., 364.0501 (3) (intro.) and (6), 364.0505, 364.0606 (1) and (2), 364.0701, 364.1500 (3), 365.0800, 365.0900, 366.0101 (4) (b) and (c), 366.0701, 366.0702 (1) and (2), 366.0902 (1), 366.1201 (1) and (2), 366.1301 (3) and (4), and 382.40 (5) (b); to repeal and recreate 361.31 (1) (b) 2. (Note 2), 361.36 (2), 362.0202 (2) (c), 362.0706, 362.0903 (18) (b) and (c), 362.1009, 362.1011, 362.2902 (4), 363.0402, 363.0404, 364.0300 (2), and 364.0403 (table); to create SPS 361.02 (2) (Note), (3) (i), and (Note), 361.03 (15) (g) (Note), 361.04 (13w), 361.45 (Note), 362.0202 (1) (d), 362.0420, 362.0717 (3), 362.0903 (4) (a) 1m., 362.0903 (5) (c) and (d), 362.0903 (18) (am), 362.0903 (19), (20), (21), (22), and (23), 362.0907 (6), 362.0912, 362.0913, 362.1006 (6), 362.1016, 362.1020 (4), 362.1030, 362.1209 , 362.1210 (3m), 362.1603 (7), 362.2902 (1) (a) 6., (d) (Note), (2) (c), and (7), 363.0403 (12), (13), 364.0402 (table) (Note), 364.0403 (5) (c) 6., 364.1500 (4), 365.0501 (4), 366.0303, 366.0306, 366.1201 (1) (a), (b), and (c), and SPS 382.40 (bm), relating to Commercial Building Code and affecting small business.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted: Sections 101.02 (15)(j), 101.023, 101.025, 101.027 (2), 101.12, and 101.13, Stats., which relate to standards for the approval, construction, alteration, addition to, repair, maintenance, and inspection of public buildings and places of employment and components.
Explanation of agency authority:
Section 101.02 (1), Stats. – The 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…” Section 101.02 (15) (j), Stats. – “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 101.025, Stats. – Establishes requirements for standards for ventilation in public buildings and places of employment. Section 101.027 (2), Stats. – “The department shall review the energy conservation code and shall promulgate rules that change the requirements of the energy conservation code to improve energy conservation. No rule may be promulgated that has not taken into account the cost of the energy conservation code requirement, as changed by the rule, in relationship to the benefits derived from that requirement, including the reasonably foreseeable economic and environmental benefits to the state from any reduction in the use of imported fossil fuel. The proposed rules changing the energy conservation code shall be submitted to the legislature in the manner provided under s. 227.19. In conducting a review under this subsection, the department shall consider incorporating, into the energy conservation code, design requirements from the most current national energy efficiency design standards, including the International Energy Conservation Code or an energy efficiency code other than the International Energy Conservation Code if that energy efficiency code is used to prescribe design requirements for the purpose of conserving energy in buildings and is generally accepted and used by engineers and the construction industry.” Section 101.128 (2) (b), Stats. – “The department shall promulgate rules that establish standards that the owner of a facility where the public congregates shall meet to achieve the equal speed of access required under par. (a).” Section 101.13 (1m) (a), Stats. – “Except as provided in par. (b), the department shall by rule provide minimum requirements to facilitate the use of public buildings and places of employment by physically disabled persons where traffic might reasonably be expected by such persons.” Sections 101.132 (2) (c) 1. and (e) 1., Stats. – “The department shall promulgate rules that specify the materials to be included in the submittal, the procedures to be followed upon receipt of a submittal, reasonable time limitations for reviewing submittals and issuing or denying permits and qualifications for authorized representatives.” “The department shall promulgate rules establishing minimum accessibility requirements for the design and construction of covered multifamily housing and the remodeling of housing that are consistent with this subsection, that incorporate the applicable standards under ANSI A117.1 and that set forth permit and variance procedures for purposes of par. (c).”
Section 101.14 (4) (a), Stats. – “The department shall make rules, pursuant to ch. 227, requiring owners of places of employment and public buildings to install such fire detection, prevention or suppression devices as will protect the health, welfare and safety of all employers, employees and frequenters of places of employment and public buildings.” Related statute or rules:
Chapter SPS 318, Elevators, Escalators, and Lift Devices. Chapter SPS 328, Smoke Detectors and Carbon Monoxide Detectors. Plain language analysis:
The primary objective of this rulemaking project is to evaluate and update the Wisconsin Commercial Building Code, chapters SPS 361-366. This rulemaking update intends to keep this Code consistent with dynamic, contemporary regional and national construction and fire prevention practices and standards, and with legislation enacted since the previous update of this Code. The update is also needed in order to meet the content and timeliness requirements for the energy conservation provisions of this Code as established in sections 101.027 (2) and (3) of the Wisconsin Statutes.
In addition, the project evaluated other administrative code chapters that may be affected by this update of the Wisconsin Commercial Building Code including, at least, chapters SPS 303, 305, 314, 316, 318, 340, 343, and 345, relating to administrative procedures; licenses, certifications and registrations; fire prevention; electrical; elevators, escalators, and lift devices; gas systems; boilers and pressure vessels; anhydrous ammonia; mechanical refrigeration; rental unit energy efficiency; solar energy systems; cleaning methods for historic buildings; buildings constructed prior to 1914; and plumbing; respectively.
This evaluation identified a need to move the authority for certain plumbing requirements out of ch. SPS 362 of the Commercial Building Code and into ch. 382 of the Wisconsin Plumbing Code. That change is incorporated into this rule project to ensure that the removal from the Commercial Building Code and insertion in the Plumbing Code happen simultaneously to avoid either a gap or overlap in regulation.
