CR 20-014 Rule Text

EXAMINING BOARD OF ARCHITECTS, LANDSCAPE ARCHITECTS, PROFESSIONAL ENGINEERS, DESIGNERS, AND PROFESSIONAL LAND SURVEYORS

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IN THE MATTER OF RULEMAKING   :   ORDER OF THE

PROCEEDINGS BEFORE THE     :   EXAMINING BOARD OF

EXAMINING BOARD OF ARCHITECTS,   :   ARCHITECTS, LANDSCAPE

LANDSCAPE ARCHITECTS,     :   ARCHITECTS, PROFESSIONAL

PROFESSIONAL ENGINEERS,     :   ENGINEERS, DESIGNERS, AND

DESIGNERS, AND PROFESSIONAL LAND:   PROFESSIONAL LAND SURVEYORS

SURVEYORS           :   ADOPTING RULES

            :   (CLEARINGHOUSE RULE 20-014)

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ORDER

An order of the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors to repeal A-E 5.02 and (Note) and 5.04 (8) (Note); to amend A-E 5.03 (2), 5.04 (1) (d) (intro.) and 1. to 6., (3), (5), (6), (7), (7) (Note), and (8) (a), and 5.06 (1), (2) (intro.) and (c), and (6); and to create A-E 5.03 (1) (e), relating to designer permits.

Analysis prepared by the Department of Safety and Professional Services.

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ANALYSIS

Statutes interpreted: s. 443.07, Stats.

Statutory authority: ss. 15.08 (5) (b), 227.11 (2) (a), and 443.07 (1), Stats.

Explanation of agency authority:

Section 15.08 (5) (b), Stats., provides examining boards, “[s]hall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains…”

Section 227.11 (2) (a), Stats., sets forth the parameters of an agency’s rule-making authority, stating an agency, “may promulgate rules interpreting provisions of any statute enforced or administered by the agency. . .”

Section 443.07 (1), Stats., provides that, “[a]n applicant for a permit as a designer shall submit as evidence satisfactory to the designer section of the examining board … a specific record … in the field or branch, as determined by the designer section, in which certification is sought.”

Related statute or rule:

A-E 2 and A-E 8

Plain language analysis:

The revisions provide clarification on qualifications for a designer permit, specifically by:

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Clarifying that an applicant’s experience under s. A-E 5.03 (1) (e) must demonstrate a working knowledge of all examination topics under s. A-E 5.04 in the field or subfield for which the applicant has applied;

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Further emphasizing that the Designer Section has the statutory discretion in reviewing experience to determine whether it demonstrates competency;

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Replacing the terms ‘board’ with ‘section’ and ‘private sewage systems’ with ‘private onsite wastewater treatment systems’ to be consistent with statute; and

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Amending the chapter to conform with statutory changes, drafting standards, and for consistency.

Summary of, and comparison with, existing or proposed federal regulation:

None.

Summary of public comments and feedback on the statement of scope:

The Examining Board of Architects, Landscape Architects, Professional Engineers, Designers, and Professional Land Surveyors, upon direction under s. 227.136 (1), Stats., held a preliminary public hearing and comment period during the A-E Rules Committee meeting on April 23, 2019 for SS 022-19. After receiving no public comments, the Committee, on behalf of the A-E Board, approved the statement of scope for implementation.

Comparison with rules in adjacent states:

Illinois:

Technical submissions to local code enforcement officials must be signed and sealed by a design professional. Design professionals in the state of Illinois are limited to Professional Land Surveyors, Structural Engineers, Professional Engineers, and Architects. Illinois does not issue permits or similar credentials for Designers of Engineering Systems.

Iowa:

Submissions of plans to the Iowa Department of Public Safety, Building Code Bureau must be completed by responsible design professionals including Registered Architects and Licensed Professional Engineers. Professional engineers are licensed according to the specific branch of engineering for which they passed the Principles and Practice of Engineering, including the structural engineering exam. Iowa does not issue permits or similar credentials for Designers of Engineering Systems.

Michigan:

Plans submitted to the Michigan Department of Licensing and Regulatory Affairs, Bureau of Construction Codes must be sealed by a design professional, including Architects, Professional Engineers, and Land Surveyors. Michigan does not issue permits or similar credentials for Designers of Engineering Systems.

Minnesota:

Plans submitted to the Minnesota Department of Labor and Industry must be certified by a licensed design professional, including Architects, Professional Engineers, Land Surveyors, Landscape Architects, Certified Interior Designers, Professional Soil Scientists, and Professional Geologists. Minnesota does not issue permits or similar credentials for Designers of Engineering Systems.

Summary of factual data and analytical methodologies:

The Designer Section determined that a revision of ch. A-E 5 was necessary after applications for a permit required multiple requests for additional information. Input for the revisions to ch. A-E 5 was solicited from the Designer Section, the Professional Engineer Section, the A-E Board, and the A-E Rules Committee.

Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:

The rules were posted for a period of 14 days to solicit public comment on economic impact, including how the 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 [e-mail] or by calling [phone].

Agency contact person:

Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53705-8366; telephone [phone]; email at [e-mail].

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, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received at or before the public hearing scheduled for 1:00 PM on April 21, 2020 to be included in the record of rule-making proceedings.

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TEXT OF RULE

section 1.

A-E 5.02 and (Note) are repealed.

section 2.

A-E 5.03 (1) (e) is created to read:

  A-E 5.03 (1) (e) All topics under s. A-E 5.04 (1) (b) 1. to 5., (c) 1. and 2., (d) 1. to 7., (e) 1. and 2., or (f) 1. to 5., as applicable, in the field or subfield for which the applicant has applied.

section 3.

A-E 5.03 (2) is amended to read:

A-E 5.03 (2)  Areas of experience. To qualify as satisfactory experience in the design of engineering systems under s. 443.07, Stats., the The experience of an applicant for a permit shall be substantially in the field or subfield for which the applicant has applied, and the experience shall demonstrate competence to be in charge of work in that specific field or subfield to the satisfaction of the section. Fields and subfield subfields are described in s. A-E 5.06. The experience shall be in areas of design practice designated under subs. (3) and (4), or other areas which, in to the opinion satisfaction of the board section, provide provides the applicant with knowledge or practice at least equivalent to that which what is generally acquired by experience in the areas listed. An applicant need not have experience in all areas of practice listed under subs. (3) and sub. (4). However, all applicants shall have experience in those areas listed in sub. (3) (a) and (b). Academic coursework which that provides the applicant with knowledge and skills in some of the areas of practice listed under subs. (3) and (4) may be claimed as equivalent to experience, in accordance with the limitations in s. 443.07 (2), Stats.

section 4.

A-E 5.04 (1) (d) (intro.) and 1. to 6., (3), (5), (6), (7), (7) (Note), and (8) (a) are amended to read:

A-E 5.04 (1) (d) (intro.) The examination for a permit in the subfield of private sewage onsite wastewater treatment systems as defined in s. 145.01 (12), Stats., requires an applicant to demonstrate competency in: