Section 145.02 (2) (b), Stats. requires the department to promulgate rules that establish separate plumbing standards applicable only to camping units that are set in a fixed location in a campground for which a permit is issued under s. 254.47 [s. 97.67], that contain a sleeping place, and that are used for seasonal overnight camping. If the department has appointed one or more committees under s. 227.13 to advise the department on rule making with respect to private on−site wastewater treatment systems or other plumbing systems, the department shall promulgate the rules required under this paragraph in consultation with those committees.
Related statute or rule:
Rules regulating the design, construction, and administration of campgrounds are in ch. ATCP 79. Rules regulating the design, construction, and inspection of one- and two-family dwellings are in chs. SPS 320 to 325.
Plain language analysis:
These rules establish uniform statewide construction standards and inspection and approval procedures for camping units in accordance with the requirements of ss. 101.63 (1), 101.82 (1), and 145.02 (2) (b), Stats. The standards established by the rules include:
• The general construction of camping units, including framing, roofing, interior design, and exterior covering.
• The design, installation, and construction of all heating, ventilating, and air conditioning systems in camping units.
• All electrical wiring, installations, equipment, and materials used in the construction of camping units.
• The design, construction, and installation of plumbing in camping units.
• The installation, inspection, and servicing of camping unit transfer tanks.
Summary of, and comparison with, existing or proposed federal regulation:
There are no federal provisions regulating the construction and inspection of camping units.
Comparison with rules in adjacent states:
The Illinois Department of Public Health provides rules for the design, construction, and administration of campgrounds in Illinois (77 Ill. Adm. Code Part 800). This includes provisions for the design and construction of buildings located in a campground (77 Ill. Adm. Code 800.1200) and electrical installation (77 Ill. Adm. Code 800.1600).
The State of Iowa does not have rules specific to the construction and inspection of camping units.
The Michigan Department of Environmental Quality provides rules for the design, construction, and administration of campgrounds in Michigan (Mich Admin Code, R 325.1551 to 325.1599). This includes provisions for the design and construction of structures located in a campground (Mich Admin Code, R 325.1556), plumbing (Mich Admin Code, R 325.1578) and electrical installations (Mich Admin Code, R 325.1583).
The Minnesota Department of Health provides rules for the design, construction, and administration of campgrounds in Minnesota (Minnesota Rules, chapter 4630). This includes provisions for the design and construction of buildings and sleeping quarters located in children’s camps (Minnesota Rules, parts 4630.2400 and 4630.2500).
Summary of factual data and analytical methodologies:
The department received input regarding the regulation of camping units during meetings with the Dwelling Code Council and the Private Onsite Wastewater Treatment Systems (POWTS) Advisory Code Council. The makeup of these councils is established under s. 15.407 (10), Stats., and consists of members who are appointed by the Governor.
The Dwelling Code Council includes representatives of several types of small businesses. These businesses generally provide input on design, construction, and inspection interests relative to the Uniform Dwelling Code. They provided specific guidance and insight regarding camping unit design , construction, and inspection. The POWTS Advisory Code Council provided input on the wastewater treatment aspects of camping units at campgrounds. Through these councils, the department was able to gather information on the potential impacts of the rule revisions contained herein.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
As camping units are currently subject to construction standards and inspection procedures under Wisconsin’s Uniform Dwelling Code (chs. SPS 320 to 325), these rules do not impose new requirements. The purpose of these rules is to, in accordance with the requirements of ss. 101.63 (1), 101.82 (1), and 145.02 (2) (b), Stats., establish uniform statewide construction standards and inspection procedures for camping units.
The rules were posted for a period of 14 days to solicit public comment on economic impact, including how the proposed rules may affect businesses, local government units, and individuals. No comments were received.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is attached.
Effect on small business:
These rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at Kirsten.Reader@wisconsin.gov, or by calling (608) 267-2435.
Agency contact person:
Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-261-4472; email at DSPSAdminRules@wisconsin.gov.
Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI 53708-8935, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received at or before the public hearing to be held at 9:00 a.m. on April 20, 2017, to be included in the record of rule-making proceedings.
TEXT OF RULE
SECTION 1. SPS 302.34 (title) and (6) are amended to read:
SPS 302.34 (title) One- and two-family dwellings, multifamily dwellings, manufactured dwellings, and manufactured multifamily dwellings, and camping units.
SPS 302.34 (6) Wisconsin insignias. Fees for Wisconsin insignias shall be assessed and computed on the basis of $25.00 for each dwelling unit or camping unit.
SECTION 2. SPS 302.52 (2) is amended to read:
SPS 302.52 (2) Petitions for variance on rules under chs. SPS 320 to 325, uniform dwelling code, ch. SPS 327, camping units, and ch. SPS 367, rental unit energy efficiency code. The fee for reviewing petitions for variance on rules under chs. SPS 320 to 325, SPS 327, and SPS 367 shall be $175.00 per petition.
SECTION 3. SPS 320.05 (10) is created to read:
SPS 320.05 (10) Camping units. The provisions of this code do not apply to camping units subject to the provisions of ch. SPS 327.
SECTION 4. SPS 320.07 (10r) is created to read:
SPS 320.07 (10r) “Camping unit” has the meaning given in s. SPS 327.08 (9). SECTION 5. Chapter SPS 327 is created to read:
ADMINISTRATION AND ENFORCEMENT
SPS 327.01 Purpose. The purpose of this code is to establish uniform statewide construction standards and inspection procedures for camping units in accordance with the requirements of ss. 101.63 (1), 101.82 (1), and 145.02 (2) (b), Stats.
SPS 327.02 Scope. (1) General. The provisions of this code apply to all camping units for which construction commenced on or after February 6, 2017.
(2) Municipal ordinances.
(a) A municipality may not adopt an ordinance on any subject falling within the scope of this code including establishing restrictions on the occupancy of camping units for any reason other than noncompliance with the provisions of this code as set forth in s. SPS 327.11 (5). This code does not apply to occupancy requirements occurring after the first occupancy following the final inspection required under s. SPS 327.11 (4).
(b) This code shall not be construed to affect local requirements relating to land use, zoning, post-construction storm water management, fire districts, side, front and rear setback requirements, property line requirements or other similar requirements. This code shall not affect the right of municipalities to establish safety regulations for the protection of the public from hazards at the job site.
(c) Any municipality may, by ordinance, require permits and fees for any construction, additions, alterations or repairs not within the scope of this code.
(d) Any municipality may, by ordinance, adopt the provisions of this chapter to apply to any additions or alterations to existing camping units.
(e) Nothing in this chapter shall prevent a municipality from any of the following:
1. Implementing erosion and sediment control requirements that are more stringent than the standards of this code when directed by an order of the United States Environmental Protection Agency or by an administrative rule of the department of natural resources under s. NR 151.004.
2. Regulating erosion and sediment control for sites that are not under the scope of this chapter.
(f) This code shall not be construed to affect the authority of the department of natural resources to enforce chapters 281 and 283, Stats., and administrative rules promulgated thereunder.
(3) Legal responsibility. The department or the municipality having jurisdiction shall not assume legal responsibility for the design or construction of camping units.
(4) Retroactivity. The provisions of this code are not retroactive, except as specifically stated in a rule.
(5) Landscaping. The scope of this code does not extend to driveways, sidewalks, landscaping, and other similar features not having an impact on the camping unit structure.
SPS 327.03 Effective date. The effective date of this chapter is February 6, 2017.
SPS 327.04 Applications.
(1) New camping units. This code applies to all camping units for which construction commenced on or after February 6, 2017. All camping units covered under this subsection shall meet the requirements of this chapter. If a plumbing, electrical, heating, or air conditioning system is installed in a camping unit, the system shall meet the requirements of this chapter.
(2) Additions and alterations. Additions and alterations to camping units covered by this code shall comply with all provisions of this code at the time of permit application or the beginning of the project, if no permit is required.
(3) Change of use. Property previously used for another purpose shall comply with this code upon conversion to a camping unit.
Note: Examples of property that may be converted to a camping unit include a cabin, covered wagon, or gazebo.