Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch. Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

The Safety and Buildings Division is responsible for administering and enforcing ch. Comm 16. The proposed rules do not contain any changes in the Division's fees charged for administering and enforcing ch. Comm 16. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division. Local municipalities may voluntarily enforce ch. Comm 16, and they have the authority to offset any costs by charging appropriate fees.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.

NOTICE IS HEREBY GIVEN that pursuant to ss. 101.02 (1), 101.63 (1), 101.64 (3), 101.72 and 101.74 Stats., the Department of Commerce will hold public hearings on proposed rules relating to the Uniform (1-2 Family) Dwelling Code, Chs. Comm 20-25.

Fox Valley Technical College - Room A119-A1825

North Bluemound Drive, Appleton, WI (Park in North Lot,

Enter Building at Entrance 15)

Tommy G. Thompson Commerce Ctr Conference Room
3B (Third Floor)

201 West Washington Avenue, Madison, WI

Eau Claire State Office Building

Room 105718 West Clairemont Avenue, Eau Claire, WI

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 Friday, July 19, 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 Duane Hubeler, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email dhubeler@commerce.state.wi.us.

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.

Statutory Authority: ss. 101.02 (1), 101.63 (1), 101.64 (3), 101.72 and 101.74 Stats.

Statutes Interpreted: ss. 101.02 (1), 101.63 (1), 101.64 (3), 101.72 and 101.74 Stats.

Under the statute sections listed above, the Department of Commerce has the responsibility to adopt rules that establish standards for the construction of 1- and 2-family dwellings. Sections 101.63 (5) and 101.73 (8), Stats., require the department to review these rules on a biennial basis. This proposed order is the result of the latest review. The vast majority of these proposed rule changes are intended to clarify current policies and requirements. There are new requirements proposed for exit distribution on the first floor. The section on adopted standards is reformatted and updated. New requirements are proposed for floor framing and floor overhangs. Various changes are made to the energy conservation requirements in ch. Comm 22 to bring the Wisconsin requirements in line with the national model energy code. Code sections that are substantially changed under this order are listed below:

Comm 20.24 - Reformats and revises adopted standards;

Comm 21.02 - Adds performance language related to total load path;

Comm 21.03 (1) (a) - Clarifies that the two required exits from the first floor must be doors;

Comm 21.03 (1) (e) - Adds requirements for exit separation on the first floor;

Comm 21.04 (3) (a) and (c) - Decreases the allowed openings in stairway handrails or guardrail from 6 to 4 inches;

Comm 21.04 (3) (b) 3. - Allows handrails to be placed on either side of a winding stairway if certain conditions are met;

Comm 21.05 (5) (b) - Clarifies a condition where safety glazing is required;

Comm 21.12 - Clarifies grading requirements;

Comm 21.125 (4) - Clarifies that the owner is responsible for removing erosion control measures once the site is stabilized;

Comm 21.18 (1) (d) - Adds requirements for fastening floor framing to the sill plate;

Comm 21.22 (6) - Adds requirements for cantilevered floors;

Comm 21.24 (3) - Adds and clarifies locations that require flashing;

Comm 22.03 - Clarifies requirements for determining R-values for materials;

Comm 22.195 - Adds requirements for heat traps on water heaters;

Comm 22.24 - Adds and clarifies requirements for skylight shaft walls;

Comm 22.35 (4) (b) - Simplifies the input values for HVAC controls;

Comm 22.35 (7) - Clarifies air infiltration allowances; and

Comm 22.35 (8) - Allows for the consideration of the R-value of adjacent soil in basement wall thermal performance under certain conditions.

1. Types of small businesses that will be affected by the rules.

All one- and two-family dwellings constructed in the state are required to comply with these rules. Contractors, tradespeople, material suppliers, and other small businesses have been affected by these rules since their inception. The current package of changes should have very little additional impact.

2. Reporting, bookkeeping and other procedures required for compliance with the rules.

There are no additional reporting or bookkeeping procedures required as a result of these rules.

3. Types of professional skills necessary for compliance with the rules.

There are no additional skills necessary to comply with these rules.

Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch. Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.

There are no requirements in this proposal that should effect staffing levels.

The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
www.commerce.state.wi.us/SB/SB-HomePage.html. Paper copies may be obtained without cost from Roberta Ward, Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, Email rward@commerce.state.wi.us, telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearings.

NOTICE IS HEREBY GIVEN that pursuant to ss. 5.05 (1) (f), 5.93, and 227.11 (2) (a), Stats., and interpreting ss. 6.02, 6,03, 6.92, 6.93, 6.935, 6.94, and 6.95, Stats., and according to the procedure set forth in s.227.16 (2) (e), Stats., the State of Wisconsin Elections Board will adopt the following rule as proposed in this notice without public hearing unless within 30 days after publication of this notice, on June 15, 2002, the Elections Board is petitioned for a public hearing by 25 persons who will be affected by the rule; by a municipality which will be affected by the rule; or by an association which is representative of a farm, labor, business, or professional group which will be affected by the rule.

Statutory authority: s. 5.05 (1) (f), s. 5.93 and s. 227.11 (2) (a), Stats.

Statutes interpreted: ss. 6.02, 6,03, 6.92, 6.93, 6.935, 6.94, and 6.95, Stats.

The rule interprets ss. 6.02, 6.03, 6.92, 6.93, 6.935, 6.94, and 6.95, Stats. The rule establishes the procedure for and the method by which an elector's ballot is challenged at a polling place and the method by which the elector's eligibility to vote is tested. The rule also codifies the method used to process the ballot of a challenged elector, including the creation of a written record for each challenge.

Section 6.92 of the Wisconsin Statutes provides that the Elections Board shall determine, by rule, the questions which are appropriate to test a person's qualifications to vote if that person is challenged as unqualified at a polling place. Chapter ElBd 9 establishes those questions based on the voting qualification provisions of ss. 6.02 and 6.03, Stats. The rule establishes the specific procedure whereby an inspector or an elector may challenge a voter's qualifications at a polling place; the procedure for determining the voter's eligibility to vote; and the procedure for identifying, by mark, and voting the challenged voter's ballot. The rule also establishes what shall be included in the written record that must be made by the polling place inspectors for each challenge.

Pursuant to the authority vested in the State of Wisconsin Elections Board by ss. 5.05 (1) (f), 5.93, and 227.(11) (2) (a), Stats., the Elections Board hereby creates Rule ElBd 9.01, 9.02, 9.03, 9.04, 9.05, and 9.06 interpreting ss. 6.02, 6,03, 6.92, 6.93, 6.935, 6.94, and 6.95, Stats., as follows:

SECTION 1. ElBd 9.01, 9.02, 9.03, 9.04, 9.05, and 9.06 are created to read:

ELBD 9.01 INSPECTOR MAKING CHALLENGE

Any inspector may challenge for cause any person offering to vote whom the inspector knows or suspects is not a qualified elector. For purposes of challenge, cause is defined as one of the following: non-citizenship; age (the challenged elector is not at least 18 years of age); non-residency; felony conviction; adjudication of incompetence; a bet or wager on the election; or a previous vote in the same election. If a person is challenged as unqualified by an inspector:

(1) One of the inspectors shall administer the following oath or affirmation of veracity to the person: “You do solemnly swear (or affirm) that you will fully and truthfully answer all questions put to you regarding your place of residence and qualifications as an elector of this election."

(2) The inspector shall then ask only those of the following questions which are appropriate to test the person's qualifications based on the cause for the challenge:

a. Are you a United States Citizen?

b. Are you at least 18 years of age?

c. For at least the 10 days before this election, have you resided in, or been a resident of, the ward or election district from which you seek to vote?

d. Are you currently disqualified from voting for any of the following reasons:

1. A felony conviction for which you are still serving probation or are on parole.

2. A judge's ruling that you are incapable of voting.

3. Having made a bet or wager on this election.

4. Having voted previously in this election.

(3) If the challenge is withdrawn, the challenge procedure is halted, but a written record of the procedural steps taken, up to the withdrawal, is preserved. (See s. 9.05 of this chapter)

(4) If the challenge is not withdrawn after the person offering to vote has answered the questions, one of the inspectors, before issuing the ballot, shall administer to the challenged elector the following oath or affirmation of eligibility: “You do solemnly swear (or affirm) that: you are 18 years of age; you are a citizen of the United States; you are now and for 10 days have been a resident of this ward except under s. 6.02 (2); you have not voted at this election; you have not made any bet or wager or become directly or indirectly interested in any bet or wager depending upon the result of this election; you are not on any other ground disqualified to vote at this election."

(5) If the person challenged refuses to take the oath or affirmation of eligibility, the inspectors shall not issue a ballot to the person challenged.

(6) If the person challenged refuses to answer fully any relevant questions put to him or her by the inspector under this chapter, or the answers to the questions given by the person indicate that the person does not meet the voting qualification requirements, the inspectors shall not issue a ballot to the person challenged.

(7) If the person challenged answers fully all relevant questions put to the elector by the inspector under this chapter, takes the oath or affirmation of eligibility, fulfills the registration requirements, where applicable, and the answers to the questions given by the person indicate that the person meets the voting qualification requirements, the challenged elector shall be issued a ballot and the voting procedure under s. 9.03 of this chapter shall be followed.

ELBD 9.02 ELECTOR MAKING CHALLENGE IN PERSON

Any elector may challenge for cause any person offering to vote whom the elector knows or suspects is not a qualified elector. Any elector who abuses the right to challenge under s. 6.925, Stats., may be subject to sanctions available to inspectors under s. 7.41 (3), Stats. For purposes of challenge, cause is defined as one of the following: non-citizenship; age (the challenged elector is not at least 18 years of age); non-residency; felony conviction; adjudication of incompetence; a bet or wager on the election; or a previous vote in the same election. If a person is challenged as unqualified by an elector:

(1) One of the inspectors shall administer the following oath or affirmation of veracity to the challenging elector: “You do solemnly swear (or affirm) that you will fully and truthfully answer all questions put to you regarding the challenged person's place of residence and qualifications as an elector of this election."

(2) The inspector shall ask the challenger if he or she is an elector and then ask only those of the following questions which are appropriate to determine the qualifications of the challenged elector:

a. Why do you believe that the challenged elector is not a United States Citizen?