Objective of the rule. The objective of this rule revision, incorporated into one or more rule packages in chapter Comm 5 and other associated/related chapters, is to address at least the following subjects:

a) Establish requirements for completion of an approved course for persons with a master plumber-restricted appliance license and who install or modify multipurpose piping systems.

b) Evaluate and possibly incorporate requirements for the responsibilities for a registered automatic fire sprinkler system tester.

c) Evaluate and possibly incorporate requirements for continuing education for a registered automatic fire sprinkler system tester.

d) Create requirements for the licensure of manufactured home installers.

e) Evaluate and revise license, certification and registration rules as needed to coordinate with other revised codes or programs.

f) Evaluate and possibly incorporate requirements for the registration of inspection agencies.

Under chapter Comm 5, master plumbers who are responsible for the installation of a multipurpose piping system are required to complete an educational course on the system installation. An oversight did not impose a similar requirement on a person with a master plumber-restricted appliance license who may also install and work on multipurpose piping systems.

Chapter Comm 5 currently does not specify any responsibilities or continuing education requirements for registered automatic fire sprinkler system testers. This code project will evaluate the current activities being performed by registered automatic fire sprinkler system testers and study the possible need for continuing education for renewal of the tester registration.

The Department currently does not have any requirements applying to installers of manufactured homes in Wisconsin. In response to recent federal legislation and as a State Administrating Agency (SAA), Wisconsin must develop standards for the installation of manufactured homes, including regulations covering the training and licensing of installers of the homes.

Sections 101.02 (1) and (15) (h) to (j), and 145.14, Stats. Title 42 USC section 5404 requires the federal Department of Housing and Urban Development (HUD) to establish and implement a manufactured home installation program, including the training and licensing of manufactured home installers. HUD's program will be implemented in states that do not have their own qualifying installation program. If Wisconsin remains an SAA, the Department must have a qualifying installation program.

The Department estimates that it will take approximately 200 hours to develop this rule. This time includes meeting with affected industry groups, then drafting the rule and processing the rule through public hearings, legislative review and adoption. The Department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.

There are no existing or proposed federal regulations that address the activities to be regulated by the rules applying to a master plumber-restricted appliance or an automatic fire sprinkler system tester.

There are no existing or proposed federal regulations that address the licensure of manufactured home installers. In the March 10, 2003, Federal Register, the Department of Housing and Urban Development (HUD) published an advanced notice of proposed rulemaking relating to the manufactured housing installation program. This notice requested public comments on the licensure of manufactured home installers. An advisory committee is working with HUD to develop draft model standards that HUD may adopt. After review of the model standards, HUD will publish the standards as proposed federal regulations in the Federal Register. State installation standards must provide protection that equals or exceeds the protection provided by the federal regulations enforced by HUD for its national program.

Objective of the rule. The objective of the rule is to update chapter Comm 16 – Electrical Code, including the adoption by reference of the 2005 National Electrical Code (NEC) published by the National Fire Protection Association (NFPA) as NFPA standard No. 70. The rule may also address administration issues related to fees for electrical inspection.

The state electrical code has adopted the NEC by reference since 1972. Currently, the 2002 edition of the NEC is adopted in chapter Comm 16. This rule project will update the state code to the 2005 edition of the NEC, while evaluating the electrical requirements in chapter Comm 16 that add to and modify the requirements in the NEC. This rule project will also review the electrical inspection requirements in chapter Comm 16.

The alternative of not updating chapter Comm 16 would result in the state electrical code not being up-to-date with current nationally recognized standards for the design, installation and operation of electrical conductors and equipment in all buildings and structures.

The statutory authority for chapter Comm 16 is contained in sections 101.63 (1), 101.73 (1), 101.82 (1) and 101.865, Stats. The statutory authority for electrical inspection fees is contained in section 101.82 (3m) and (4), Stats.

The department estimates that it will take approximately 400 hours to develop this rule. This time includes re-forming and meeting with an advisory council, then drafting the rule and processing the rule through public hearings, legislative review and adoption. The department will assign existing staff to develop the rule. There are no other resources necessary to develop the rule.

The rule will affect any building or structure in which the installation of electrical wiring will be undertaken. The rule will also affect any designer, installer or inspector of electrical wiring.

There are several existing federal regulations that relate to the installation of electrical wiring and equipment. Some of these regulations require compliance with various editions of the National Electrical Code (NEC). An Internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to the activities to be regulated by the rule.

Title 7 CFR Part 1755 – Telecommunications Standards and Specifications for Materials, Equipment and Construction. This regulation in the Department of Agriculture applies to telecommunication wiring and equipment, and requires compliance with the 1993 NEC.

Title 24 CFR Part 3280 – Manufactured Home Construction and Safety Standards. This regulation in the Department of Housing and Urban Development covers electrical systems in manufactured homes, and requires compliance with the 1993 NEC.

Title 29 CFR Part 1910 – Occupational Safety and Health Standards. Subpart S of this regulation in the Department of Labor contains detailed electrical safety requirements that are necessary for the practical safeguarding of employees in their workplaces.

Title 29 CFR Part 1926 – Safety and Health Regulations for Construction. Subpart K of this regulation in the Department of Labor contains detailed electrical safety requirements that are necessary for the practical safeguarding of employees involved in construction work.

Title 30 CFR Part 57 – Safety and Health Standards –- Underground Metal and Nonmetal Mines. Subpart K of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground metal and nonmetal mines.

Title 30 CFR Part 75 – Mandatory Safety and Health Standards –- Underground Coal Mines. Subpart F of this regulation in the Department of Labor contains specific electrical safety requirements for the protection of employees working in underground coal mines.

An Internet-based search of the 2003 and 2004 issues of the Federal Register found a proposed rule action relating to electrical standards in the April 5, 2004 register. The Occupational Safety and Health Administration in the Department of Labor is proposing to revise the general industry electrical installation standard found in Subpart S of 29 CFR part 1910. The requirements in the revised standard draw heavily from the 2002 edition of the NEC.

Objective of the rule. Under s. 101.1205, Stats., the Department of Commerce is to establish statewide standards for erosion control at building sites for the construction of public buildings and places of employment. Under s. 101.653, Stats., the Department of Commerce is to establish standards for erosion control at building sites for the construction of one- and 2-family dwellings.

Both the United States Environmental Protection Agency and the Wisconsin Department of Natural Resources have recently revised standards that affect erosion control for construction projects disturbing one acre or more. The purpose of revising chapters Comm 60 and Comm 20 and 21 is to coordinate and revise Commerce erosion control standards in light of these other agencies' updates.

Chapters Comm 61 to 65, Wisconsin Commercial Building Code, contain the Department's requirements for the design, construction, maintenance, and inspection of public buildings and places of employment. The code includes minimal erosion control requirements for sites that disturb 5 or more acres of land at a commercial building construction site. The rules require the development and the implementation of erosion control plans for such sites.

The erosion control rules under chapters Comm 20-21 for one- and 2-family dwellings were adopted in 1992 and have not been revised since 1997.

The only feasible alternative at this point in time would be a temporary delay in the rule-making process. A delay would potentially place building owners in a state of confusion with standards of various agencies that are not coordinated.

Sections 101.02 (1), 101.1205 (1), and 101.653 (2), Stats.

The Department estimates approximately 300 hours will be needed to develop the rule revisions. This time includes drafting the revisions – in consultation with the Uniform Dwelling Code Council, the Multifamily Dwelling Code Council and the Commercial Building Code Council – and processing the changes through public hearings, legislative review, and adoption. The Department will assign existing staff to develop the rule revisions. Other than reimbursement of incidental transportation and meal expenses for some of the council members, no additional resources will be needed.

The proposed rules would affect any person or entity that is involved with a land-disturbing activity under taken in conjunction with the construction of any of the following:

• A new one- or 2-family dwelling.