CR 22-069 Rule Text

Accessibility Requirements

Both 28 CFR 35 and 28 CFR 36 require public buildings and commercial facilities, including government-owned and operated buildings, be designed, constructed and altered in compliance with the accessibility construction regulations specified under the federal Americans with Disabilities Act Accessibility Guidelines (ADAAG).

The purpose of 24 CFR 40 and 24 CFR 41 is to provide technical guidance on the design and construction of dwelling units as required by the federal Fair Housing Amendments Act of 1988.

Summary of public comments received on statement of scope and a description of how and to what extent those comments and feedback were taken into account in drafting the proposed rule:

N/A

Comparison with rules in adjacent states:

Illinois:

The State of Illinois defines youth camps as land used for recreational or instructional purposes, which is used for philanthropic or charitable patronage and that accommodates 5 or more children under 18 years of age for 3 or more consecutive days, or 5 days or more during the calendar year. The site may be equipped with temporary or permanent buildings. [210 ILCS 100 Section 3.01] Illinois law also requires a license for any person wants to establish, maintain, conduct, or operate a youth camp. [210 ILCS- 100 Section 5].

Additionally, Illinois defines recreational area as any area of land which is free of charge or is charged for recreational activities and do not include primitive areas surrounding woodlands, croplands, pasturelands, prairielands, wetlands, or water areas in which any recreation is allowed without revenue purposes. [210 ILCS 95 Section 2].

All plumbing in youth camps shall be in compliance with the Illinois Plumbing Code (77 Ill. Admin. Code 890) and shall provide a minimum of one water closet for each 20 persons [77 Ill. Admin. Code 810 Section 120]. Electrical systems shall be designed, constructed, and maintained according to the National Fire Protection Association’s National Electrical Code 1984 edition (NFPA 70-1984) [77 Ill. Admin. Code 810 Section 140]. However, recreational area’s electrical system constructed after July 1, 1990 shall comply with National Fire Protection Association’s National Electrical Code 1990 edition (NFPA 70-1990) [77 Ill. Admin. Code 800 Section 1600].

Iowa:

The State of Iowa imposes a combination of state required codes and locally adopted codes. When municipalities update their codes, they are required to update to the codes adopted by the state. The Iowa Building Code Bureau adopts the IBC, IRC, IMC, IEBC and IECC. The State Fire Marshal adopts the IFC. The Iowa Plumbing and Mechanical Code Advisory Council is responsible for the adoption of the state plumbing code. The state adopted versions of IFC and IECC are required to be enforced for all occupancies statewide by state and local government enforcement agencies. Local jurisdictions have the option of adopting the remaining state adopted codes or a stricter code as determined by the jurisdiction. Consequently, many local jurisdictions have adopted the IPC.

The Iowa Code with amendments is based on the 2015 editions of the International Codes, except for the IMC which is the 2021 edition and the IECC which is the 2012 edition. The state IFC and IECC are required for all construction.

The provisions of the National Electrical Code, 2020 edition, published by the National Fire Protection Association, are adopted as the requirements for all electrical installations [661 IAC 504.1 (103)], and the Uniform Plumbing Code, 2021 Edition, as published by the International Association of Plumbing and Mechanical Officials, are hereby adopted by reference with amendments as the state plumbing code authorized by Iowa Code [641 IAC 25.1 (105)].

No special rules have been adopted for youth, recreational, or educational camps.

Michigan:

The Bureau of Construction Codes (BCC) administers all related rules sets and codes to ensure compliance with the current standards. The bureau conducts plan reviews, issues permits, and provides inspections in the area of building, electrical, mechanical, public, health facilities, and mobile home parks.

Michigan applies the Stille-DeRossett-Hale Single State Construction Code Act, which consist of the international residential code, the international building code, the international mechanical code, the international plumbing code, the international existing building code, and the international energy conservation code published by the international code council and the national electrical code published by the national fire prevention association, with amendments, additions, or deletions as the director determines appropriate. [MI Act 230 of 1972].

Michigan defines children’s camp as a residential, day, troop, or travel camp that provides care and supervision in a natural environment for more than 4 children and for 5 or more days within a 14-day period. [MI MCL 722.111 Act 116 of 1973].

On the other hand, residential camp is defined as a camp that provides care on a 24-hour basis at a regulated campsite, which means an outdoor setting that has natural or man-made features available for outdoor activities. [MI Admin. Code R 400.11101].

Camps electrical systems shall be in accordance with the provisions of the Michigan electrical code [MI Admin. Code R 400.11221].

Minnesota:

The adopting authority for the Minnesota State Building Code the Minnesota Department of Labor and Industry (DLI), Construction Codes & Licensing Division (CCLD). Jurisdictions that adopt building codes must adopt the Minnesota State Building Code or remain at their present level.

The state commissioner of health is authorized to adopt and enforce such reasonable rules and standards as the commissioner determines necessary to protect the health and safety of persons in attendance at youth camps. Such rules and standards may include reasonable restrictions and limitations on the following:

(1) camp sites and buildings, including location, layout, lighting, ventilation, heating, plumbing, drainage and sleeping quarters;

(2) sanitary facilities, including water supply, toilet and shower facilities, sewage and excreta disposal, waste and garbage disposal, and the control of insects and rodents; and

(3) food service, including storage, refrigeration, sanitary preparation and handling of food, the cleanliness of kitchens and the proper functioning of equipment. [MN Stats. 144.74].

Minnesota defines youth camp as land with permanent buildings, tents, or other structures, which are established and maintained as living quarters and where food and beverage is provided for 10 or more people, and also operate continuously for 5 days or more each year with education, recreational, or vocational purposes for minors to use free of charge or for payment of a fee. This definition does not include cabin and trailer camps, fishing and hunting camps, resorts, penal and correctional camps, industrial and construction camps, nor does it include homes operated for care or treatment of children and for the operation of which a license is required under the provisions of chapter 257. [MN Stats 144.71 Subd. 2 and 3].

Per Minnesota law, a license to operate a youth camp is required and shall be issued by the state commissioner of health. [MN Stats 144.72].

All new plumbing shall be installed according to the rules of the commissioner of health and the provisions of chapter 4714, the Minnesota Plumbing Code as adopted by the commissioner of health. Alterations to existing plumbing, when undertaken, shall conform to the provisions of the Minnesota Plumbing Code. [MN Admin. Code 4630.3300].

Summary of factual data and analytical methodologies:

The agency’s Division of Industry Services consulted with stakeholders and the Department of Agriculture Trade and Consumer Protection to identify areas of the code that could be changed to meet the mandates in 2019 Wisconsin Act 130 while also preserving public safety and welfare.

The agency also consulted with the Commercial Building Code Council to develop rules implementing 2019 Wisconsin Act 130 relating to recreational and educational camps.

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

The Department believes that the proposed changes will have little or no adverse economic impact. The proposed rule was posted on the Department of Safety and Professional Services’ website for 14 days in order to solicit comments from businesses, representative associations, local governmental units, and individuals that may be affected by the rule. No comments were received.

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis is attached.

Effect on small business:

These proposed 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:

Sofia Anderson, Administrative Rule Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; email at [e-mail].

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TEXT OF RULE

Section 1. SPS 361.04 (15) and (15g) are created to read:

SPS 361.04 (15) “Recreational and Educational Camp” has the meaning given in s. 101.053, Stats.

(15g) “Seasonal Recreational and Educational Camp Building” means a building or structure occupied only between the dates of May 1st and October 15th and located at a Recreational and Educational Camp.