Illinois:
Illinois licenses and regulates persons that have custody of more than 5 female dogs who breed dogs for sale. Illinois also licenses and regulates pet shops, dog dealers, kennel operators and catteries. Regulations establish minimum standards of care, record keeping requirements, and requirements for dog movement.
Michigan:
Michigan has no comparable licensing program for dog sellers or dog facilities.
Iowa:
Iowa licenses and regulates person that have custody of more than 3 breeding male or female dogs, including boarding kennels, breeders and dealers. Regulations establish minimum standards of care, record keeping requirements, and requirements for dog movement.
Data and analytical methodologies
DATCP consulted with an advisory committee comprised of individuals that will be licensed and regulated under this rule, and veterinarians. DATCP representatives also attended USDA presentations related to humane dog care standards.
Small Business Impact
This rule will affect persons who operate "animal control facilities," "animal shelters" or "dog breeding facilities" in this state, or who operate as "dog breeders," "dog dealers" or "out-of-state dog dealers" in this state. Under
2009 Wis. Act 90
, these persons must be annually licensed and must pay annual license fees as provided in this rule (see above). This rule does not, by itself, increase license requirements or fees (beyond the licensing requirements and fees already created by Act 90).
This rule spells out licensing standards for persons who are required to be licensed under this rule, including standards for the care, transportation and sale of dogs. Many of the persons who are subject to licensing under this rule are already meeting the standards under this rule, but others will incur costs to bring their facilities and practices into compliance with this rule.
•
Under Act 90 and this rule, whenever a license holder sells a dog in this state, the dog must be accompanied by a certificate of veterinary inspection (health certificate). The certificate must be issued by a Wisconsin certified veterinarian, on an official form provided by DATCP. The certificate forms cost only $0.60 each (an estimated $44,000 for sellers statewide), but there will be a significant cost for veterinarian services. This could have a significant financial impact on license holders, especially small dog breeders. However, this rule does not add any costs beyond those imposed by Act 90 itself.
•
The facility requirements in this rule are, for the most part, rudimentary. However, some license holders may need to make significant facility upgrades in order to comply with the standards in this rule and ensure a humane level of care.
•
This rule requires license holders to keep inventory, identification and health records related to dogs that they keep or sell. Many of the persons affected by this rule already keep such records, but others do not. This rule may impose additional recordkeeping costs on those who do not. Many of the recordkeeping requirements in this rule are also contained (in more general form) in Act 90, so this rule does not add significantly to the costs already imposed by Act 90.
•
This rule may require some dog sellers to hire additional staff, or hire professional services (especially veterinarian services) to comply with this rule and provide a humane level of care to dogs under their custody or control.
This rule will benefit the dog care and sales industry by establishing basic standards of humane care and fair competition. This rule will also benefit dog buyers by providing greater assurance that dogs are healthy and well-adjusted, and have been humanely treated.
Many of the persons affected by this rule are "small businesses." This rule, like Act 90, exempts animal shelters that keep no more than 25 dogs per year. It also exempts dog breeders and dog dealers who sell no more than 25 dogs a year from no more than 3 litters. But neither Act 90 nor this rule make other significant exemptions for "small business," because many of the most serious animal health and humane problems addressed by Act 90 are found in "small business" settings.
The standards in this rule give affected businesses some flexibility and choices, consistent with the basic requirement of humane care. DATCP may issue licenses on a conditional basis, giving some license holders additional time to bring their operations into full compliance. DATCP may also grant variances for good cause, if the variance does not undermine the purpose of the standard from which the variance is granted.
Fiscal Estimate
This rule will not have a significant state or local fiscal impact. Section
173.41 (14)
, Stats., created by
2009 Wis. Act 90
, requires DATCP to license and inspect "animal control facilities," "animal shelters," "dog breeders," "dog breeding facilities," "dog dealers" and "out of state dog breeders" that do business in this state. DATCP must inspect licensed facilities prior to licensing, and at least once every 2 years. Act 90 provided staff and funding for this licensing and inspection activity.
This rule will not create additional staffing requirements or program costs, beyond those entailed by Act 90 itself, nor will it change license fee revenues. Act 90 authorized DATCP to change initial statutory license fees by rule. However, this rule does not make any significant changes to the statutory fees.
Under Act 90 and this rule, whenever a license holder sells a dog in this state, the dog must be accompanied by a certificate of veterinary inspection (health certificate). The certificate must be issued by a Wisconsin certified veterinarian, on an official form provided by DATCP. Certified veterinarians may purchase the forms from DATCP at a cost of $0.60 each (the same as for certificates used under other animal health programs). DATCP estimates that certificate sales will generate $44,000 in program revenue each year. Act 90 contemplates that these revenues will be used to help fund this program.
Agency Contact Person
Melissa Mace
Phone: (608) 224-4883
Notice of Hearing
Commerce
Wis. Commercial Building Code, Chs. Comm 60 to 66
NOTICE IS HEREBY GIVEN that pursuant to ss.
101.02
and
145.02
, Stats., the Department of Commerce will hold a public hearing on proposed rules under Chapters
Comm 2
,
5
,
14
,
20
and
61
to
66
, relating to the design, construction, maintenance and inspection of public buildings and places of employment, including commercial buildings and structures and multifamily dwellings.
Hearing Information
The public hearing will be held as follows:
Date:
October 5, 2010
Time:
10:00 a.m.
Location:
Thompson Commerce Bldg.
Conference Room 3B
201 W. Washington Avenue
Madison, Wisconsin
This hearing is held in an accessible facility. 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 a request from a person with a disability.
Submittal of Written Comments
Interested persons are invited to appear at the hearing 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
October 18, 2010,
to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Jim Smith, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.smith@wisconsin.gov
.
Copies of Proposed Rules
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.wi.gov/SB/
. Paper copies may be obtained without cost from Jim Smith, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at
jim.smith@wisconsin.gov
, or at telephone (608) 266-0251 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Analysis Prepared by Department of Commerce
Statutes interpreted
Statutory authority
Sections
101.02 (1)
,
(7)
,
(7m)
and
(15)
,
101.025
,
101.027
,
101.11
,
101.12
,
101.13
,
101.132
,
101.14 (1)
,
(4)
and
(4m)
,
101.145
,
101.149
,
101.19
,
101.63
,
101.73
,
101.973
and
145.02
, Stats.
Related statute or rule
Chapter
Comm 5
, Licenses, Certifications and Registrations
Chapter
Comm 18
, Elevators, Escalators and Life Devices
Chapter
Comm 20
, Uniform Dwelling Code
Chapter
Comm 41
, Boilers and Pressure Vessels
Chapter
Comm 45
, Mechanical Refrigeration
Chapter
Comm 82
, Uniform Plumbing Code
Explanation of agency authority
Under the statutes cited, the Department of Commerce protects public health, safety, and welfare by promulgating comprehensive requirements for design, construction, maintenance and inspection of public buildings and places of employment, including commercial buildings and structures and multifamily dwellings. The department also updates these requirements as necessary to be consistent with nationally recognized standards that are incorporated by reference into the Wisconsin Commercial Building Code (WCBC), specifically, the building code requirements developed by the
International Code Council
®
(ICC).
Summary of proposed rules
Currently, the department adopts by reference the 2006 editions of the ICC suite of building codes – the
International Building Code
®
(IBC), the
International Energy Conservation Code
®
(IECC),
International Existing Buildings Code
®
(IEBC), the
International Fuel Gas Code
®
(IFGC) and the
International Mechanical Code
®
(IMC) – and makes Wisconsin modifications to these codes within the WCBC. The department proposes to adopt the 2009 editions of these ICC codes.
Significant changes from the 2006 to the 2009 editions of the ICC codes include:
•
Defining and clarifying live/work unit provisions; IBC section 419.
•
Adding provisions for Ambulatory Health Care Facilities; IBC section 422.
•
Adding storm shelter provisions and references to ICC 500; IBC section 423.
•
Requiring new locking provisions for egress doors serving certain types of occupancies; IBC sections 1008.1.9.6, 1008.1.9.8 and 1008.1.9.9.
•
Clarifying accessibility provisions for live/work units are to be evaluated separately; IBC section 1103.2.13.
•
Requiring at least lavatory with enhanced reach ranges in toilet rooms having 6 or more lavatories for accessibility purposes; IBC section 1109.2.3.
•
Providing specific provisions on tightness of buildings (air barriers); IECC section 402.4.2.
•
Requiring shutoff controls for snow/ice-melting systems serving residential occupancies; IECC section 403.8.
•
Specifying the heating of outside spaces to be radiant type and provided with efficiency controls; IECC section 503.2.11.
•
Revising the mechanical ventilation table to provide more detailed occupancy classifications that reflect ASHRAE standard 62 – Ventilation for Acceptable Indoor Air Quality; IMC table 403.3.
•
Requiring that make-up air to be provided for domestic kitchen exhaust hoods with capacities of greater than 400 cfm be tied in to operation of hood; IMC section 505.2.
•
Eliminating details on combustion air from within the IMC by deferring to NFPA standard 31 for oil-fired appliances and the manufacturers' recommendations for solid-fuel-fired appliances.
•
Expanding the provisions for the piping of hydronic heating systems to reflect newer materials and standards; IMC chapter 12.
•
Requiring thermal insulation below radiant floor heating systems; IMC sections 1209.5 to 1209.5.4.
•
Establishing bonding/grounding provisions specific to corrugated stainless steel gas tubing (CSST); IFGC section 310.1.1.
•
Prohibiting gas piping from entering/exiting a building below grade; IFGC section 404.4.
•
Requiring LP-Gas piping to be electrically isolated (dielectric fitting) where the underground piping comes above ground to enter the building; IFGC section 404.8.
•
Requiring gas clothes dryer exhaust ducts to be protected from penetration by nails/screws; IFGC section 614.6.3.
•
Specifying minimum vertical clearances between gas cooktops and materials or cabinets above; IFGC section 623.7.
•
Adding provisions associated with the use of used materials and equipment; IEBC section 104.9.1.
•
Clarifying that when undergoing a partial change of occupancy, accessibility will be driven by the alteration provisos found in ss. 605 or 706. ; IEBC section 912.8.1.
Many of the current Wisconsin modifications under the WCBC are proposed to be repealed because of changes in the 2009 editions of the ICC codes. Minor amendments, including renumbering, are being made to several Wisconsin modifications to reflect changes in the 2009 IBC codes.
The proposed rules include creating some general global modifications that replace various current individual deletions of unnecessary ICC requirements, such as requirements that address (1) designing one- and two- family dwellings; (2) employing special inspectors or obtaining special inspections; (3) obtaining a mandated approval from a local building or fire code official; and (4) building in flood-hazard areas. Other proposed Wisconsin modifications include:
•
Modifying the provisions for firewalls or division walls separating townhouses for the purpose of allowing sprinkler protection in accordance with NFPA standard 13D; s.
Comm 62.0903 (5)
.
•
Extending an automatic sprinkler exemption for small R-2 multifamily dwellings to other small residential buildings, such as cabins at summer camps; s.
Comm 62.0903 (5) (d)
.
•
Revising the sprinkling requirements for townhouses with less than 20 units to reflect the changes in the latest edition of the
International Residential Code
®
; s.
Comm 62.0903 (5) (d)
.
•
Eliminating the required international symbol accessibility signage for assigned parking serving a residential apartment building; s.
Comm 62.1103
.
•
Extending the modified uniform live loads for attics in townhouses to attics in all residential occupancies; s.
Comm 62.1607
.
•
Codifying additional criteria for ground improvement methods relating to foundations and floor slabs, such as for Geopier
®
systems; s.
Comm 62.1804
.
•
Reducing presumptive load-bearing values by
½
for saturated soils; s.
Comm 62.1806
.
•
Alerting building owners or occupants to the heating assumption for frost-protected shallow foundations; s.
Comm 62.1809
.
•
Requiring an elevator car that accommodates an ambulance stretcher for fire department emergency access in defined buildings; s.
Comm 62.3002
.
•
Exempting the need for econonmizers for package RTU's 33,000 BTU/hr and larger; s.
Comm 63.0503
.
•
Clarifying the exemption of an economizer for a closed circuit cooling tower heat pump system, s.
Comm 63.0503
.
•
Providing alternative mechanical ventilation table and provisions, Comm Table 64.0403.
•
Clarifying maintenance requirements for smoke alarms; s.
Comm 66.0503
.
Comparison with federal regulations
General Building Code
•
Code of Federal Regulations
— An Internet-based search for "federal commercial building code" and "building code regulations" in the Code of Federal Regulations (CFR) did not identify any federal regulations pertaining to these topics.
•
Federal Register
— An Internet-based search for "federal commercial building code" and "building code regulations" in the 2005 to 2010 issues of the Federal Register did not identify any proposed federal regulations pertaining to these topics.
Energy Conservation Requirements
•
Code of Federal Regulations
— The portion of the CFR relating to energy conservation for commercial buildings and facilities is found under
10 CFR 420
–State Energy Program. The purpose of this regulation is to promote the conservation of energy, to reduce the rate of growth of energy demand and to reduce dependence on imported oil through the development and implementation of comprehensive state energy programs. This regulation initially required that each state's energy conservation rules for new buildings be no less stringent than the provisions of the 1989 edition of ASHRAE Standard 90.1, Energy Standard for Buildings Except Low-Rise Residential Buildings.
•
Federal Register
— According to the January 23, 2009, Federal Register, the Department of Energy (DOE) is determining if ANSI/ASHRAE/IESNA Standard 90.1–2007 would save energy in commercial buildings. DOE is doing a comparative analysis of the 2007 edition of that standard to the 2004 edition. The 2009 edition of the IECC energy conservation requirements for commercial buildings, which the proposed rules would adopt by reference, reflect the 2007 edition of the ASHRAE 90.1 Standard.
Accessibility Requirements
•
Code of Federal Regulations
— The portions of the CFR relating to accessibility in commercial buildings and facilities include the following:
1.
28 CFR 35
— Nondiscrimination on the Basis of Disability in State and Local Government Services.
2.
28 CFR 36
— Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities.
3.
24 CFR 40
— Accessibility standards for design, construction, and alteration of publicly owned residential structures.
4.
24 CFR 41
— Policies and procedures for the enforcement of standards and requirements for accessibility by the physically handicapped.
Both
28 CFR 35
and
28 CFR 36
require public buildings and commercial facilities — including government- owned and -operated buildings and facilities — 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.
The intent of the IBC and the amendments included under chapter Comm 62 is to ensure the Wisconsin construction requirements related to accessibility are equivalent to these applicable federal laws and regulations.
•
Federal Register
— Proposed federal regulations and amendments to established federal regulations for accessibility are found in the following issues of the Federal Register:
1.
October 24, 2008 — Design and Construction Requirements; Compliance with ANSI A117.1 (2003) Standards.
2.
August 5, 2005 — ADAAG; Corrections.
3.
December 7, 2009 — Nondiscrimination on the Basis of Disability in Public Accommodations and Commercial Facilities.
4.
March 23, 2007 — ADAAG Supplementary Material.
5.
November 23, 2005 — ADAAG Public Rights-of-Way.
6.
April 17, 2006 — Multifamily Building Conformance with the Fair Housing Accessibility Guidelines: Improving the Methodology.
The ICC is actively monitoring the proposed changes to the federal standards affecting accessibility and will include these changes in future editions of the IBC and the corresponding ICC/ANSI A117.1–Accessible and Usable Buildings and Facilities Standard.
Comparison with rules in adjacent states
An Internet-based search of the four adjacent states found the following regulations that include similar requirements relating to public buildings and places of employment:
Illinois:
Illinois does not administer a statewide building code.
Iowa:
The Iowa Department of Public Safety administers the Iowa State Building Code. Effective January 1, 2010, the department adopted the 2009 editions of the IBC, IMC, IEBC and IECC with Iowa amendments.
Michigan:
The Michigan Department of Labor and Economic Growth administers the Michigan construction codes, which adopt by reference the 2006 editions of the IBC, IMC and IEBC with amendments. The 2009 Michigan Building, Residential, and Rehabilitation Code for Existing Buildings review process is in progress.
Minnesota:
The Minnesota Department of Labor and Industry administers the Minnesota State Building Code, which adopted the 2006 editions of the IBC, IFGC and IMC.
Summary of factual data and analytical methodologies
The primary methodology for updating the Wisconsin Commercial Building Code, chapters Comm 61 to 66, has been a review and assessment of the latest editions of the national model codes that serve as the basis for the Wisconsin code. The department's review and assessment process involved the participation and support of 10 advisory councils. The members of the councils represent many stakeholders involved in the building industry, including designers, contractors, developers, regulators, labor, the fire service and the public. (A listing of the councils and the current members is provided at the end of this analysis.)
The department believes that the national model codes reflect current societal values with respect to protecting public health, safety and welfare in the design, construction, use, operation and maintenance of commercial buildings that serve as public buildings and places of employment. The model code organization – International Code Council, ICC – uses a process open to all parties to develop its codes. More information, including background information in the development of the 2009 model code editions, may be found at the ICC web site,
http://www.iccsafe.org
.
The review and assessment process for the Commercial Building Code involved an examination of the revisions in the 2009 editions of the IBC, IECC, IMC, IFGC and IEBC. The assessment included the evaluation of the current rules under chapters Comm 61 to 66 that modified these ICC codes. Working with the 10 advisory councils, the department determines if the various technical requirements in the 2009 model codes are reasonable for addressing potential risks or concerns and promoting the public health, safety and welfare. Such determinations are made based upon experience, forecasts, intuition or projection.
Analysis and supporting documents used to determine effect on small business
The department used 10 advisory code councils to analyze and develop the proposed revisions to the Commercial Building Code. The councils involve a variety of organizations whose memberships include many types of small businesses. The department uses these councils to gather information on potential impacts in complying with the technical and administrative requirements of the codes. Council members are responsible for bringing forth the concerns that their respective organizations may have with the requirements including economic impacts. (Copies of the council meetings summaries are available on the Safety and Building Division web site,
http://www.commerce
. state.wi.us/SB/SB-CodeCouncilsComBldgSum.html
.)
The department also offers an e-mail subscription service to anyone who is interested in rule development and/or council activities. The service provides e-mail notification of council meetings, meeting agendas and council meeting progress reports. Currently, there are about 2,000 subscriptions for information pertaining to the commercial building program.
The department believes the rules will not increase the effect on small businesses from what the current rules impose on them. An economic impact report is not required pursuant to section
227.137
, Stats.
Small Business Impact
Summary
The requirements of the Commercial Building Code impact all businesses, regardless of size, that use public buildings and places of employment in Wisconsin. The codes impact a variety of businesses, including small businesses, particularly those businesses that design, build, or maintain commercial buildings; provide or produce building materials or components; own commercial buildings; or occupy commercial buildings. It is indeterminable how many small businesses may be impacted by the rules in some manner.
The potential effects of the codes occur on two basic levels, administrative and technical. The codes dictate certain administrative procedural requirements that are to be followed to acquire various approvals. For the most part, the codes establish numerous technical standards that are to be adhered to when designing, constructing, using, operating or maintaining a commercial building to protect public health, safety and welfare.
The proposed rule revisions do not substantially modify the current administrative requirements of the Commercial Building Code. Therefore, this type of impact on small businesses will not substantially change.
How the code's technical standards may impact small businesses is dependent upon many variables. The proposed revisions for the Commercial Building Code do not apply retroactively to existing buildings. The proposed revisions would apply when a new building or modification to an existing building is proposed. The various advisory councils did not identify major economic concerns for updating the Commercial Building Code to the latest ICC codes as amended in this proposal.
Regarding s.
227.115
, Stats., the department believes the proposed rule changes for the Commercial Building Code will not directly or substantially affect the development, construction, cost or availability of housing.
Initial regulatory flexibility analysis
Types of small businesses that will be affected by the rules.
The proposed rules will affect any business involved with the ownership, design, construction, maintenance and inspection of public buildings, including multifamily dwellings, and places of employment.
Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no additional reporting, bookkeeping or other procedures required for compliance with the rules.
Types of professional skills necessary for compliance with the rules.
There are no additional professional skills necessary for compliance with the rules.
Rules have a significant economic impact on small businesses?
No.
Small business regulatory coordinator
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at
carol.dunn@wisconsin.gov
.
Environmental Impact
The Department has prepared a preliminary Environmental Assessment (EA) on the proposed rules. The preliminary recommendation is a finding of no significant impact. Copies of the preliminary EA are available from the Department on request and will be available at the public hearings. Requests for the EA and comments on the EA should be directed to:
Department of Commerce
|
P.O. Box 2689
|
Madison, Wisconsin 53701
Phone: (608) 266-8741 or TTY (608) 264-8777
|
Written comments will be accepted until
October 18, 2010
.
Fiscal Estimate
Assumptions used in arriving at fiscal estimate
The proposed rules adopt by reference the 2009 editions of the
International Code Council
®
(ICC) suite of building codes – the
International Building Code
®
(IBC), the
International Energy Conservation Code
®
(IECC),
International Existing Buildings Code
®
(IEBC), the
International Fuel Gas Code
®
(IFGC) and the
International Mechanical Code
®
(IMC) — and makes Wisconsin modifications to these codes within the Wisconsin Commercial Building Code (WCBC). The promulgation of these rules will affect businesses involved in the design, construction, maintenance and inspection of public buildings and places of employment, including commercial buildings and structures and multifamily dwellings.
The proposed rules require plan review for buildings >25,000 sq. ft and < 50,000 sq. ft. This will impact about 170 projects annually, and will result in an estimated annual revenue increase of $78,500. Currently, these projects pay $25 for a building project registration and $25 for the registration of building components. Under the proposed rules change, individual projects will pay a building plan review fee of $400 to $450, including an $100 plan entry fee, and in some cases, an additional fee for component plan review such as $180 to $200 for HVAC plan review and $60 to $100 for fire system plan review.
By expanding the types of occupancies for plan review of fire protection systems, the department estimates that annual submittals will increase by 629 plans. Fees for fire protection systems plans ran from $30 to $7,100 and vary depending on the size of the structure and if the structure is located in a municipality that is delegated to conduct fire protection system inspection. That department estimates that it would realize about $193,600 in revenue annually.
The department anticipates that the workload associated with requiring plan review for buildings >25,000 sq. ft. and <50,000 sq. ft and the expanded plan review of fire protection systems can be managed with current information technology and within current staff levels.
State fiscal effect
Increase existing revenues.
Local government fiscal effect
None.
Fund sources affected
FED.
Long-range fiscal implications
None are anticipated.
Agency Contact
Jim Smith, Program Manager
Phone: (608) 266-0251
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
227.11 (2)
,
440.03 (1)
,
440.03 (1m)
,
444.01
,
444.02
,
444.03
,
444.04
,
444.035
,
444.06
,
444.09
,
444.095
,
444.10
,
444.11
,
444.12
,
444.13
,
444.14
,
444.15
and
444.18
, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an emergency rule and a proposed rule to revise Chapters
RL 112
to
116
, relating to the regulation of professional boxing contests.
Hearing Information
Date:
September 20, 2010
Time:
9:30 a.m.
Location:
1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Appearance at Hearing and Submittal of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Shawn Leatherwood, Department of Regulation and Licensing, Division of Board Services, 1400 E. Washington Ave., Room 152, P.O. Box 8935, Madison, WI 53708-8935, or by email to
shawn.leatherwood@ wisconsin.gov
.. Written comments must be received by
September 27, 2010,
to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Shawn Leatherwood, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708, or by email at
shawn.leatherwood@wisconsin.gov
.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Sections
227.11 (2)
,
440.03 (1)
,
440.03 (1m)
,
444.01
,
444.02
,
444.03
,
444.04
,
444.035
,
444.06
,
444.09
,
444.095
,
444.10
,
444.11
,
444.12
,
444.13
,
444.14
,
444.15
and
444.18
, Stats.
Explanation of agency authority
The Department of Regulation and Licensing is granted authority under s.
444.02 (1)
, Stats., and
2009 Wisconsin Act 111
, to manage and control professional boxing contests in Wisconsin.
Related statute or rule
There are no other statutes or rules other than those listed above.
Plain language analysis
This proposed rule-making order makes changes to chs.
RL 110
to
116
, relating to the regulation of boxing. The proposed rules contain definitions, application and permit requirements, officials' duties at events, medical requirements, grounds for disciplinary action, and mandatory drug testing.
SECTION 1 repeals and recreates the following provisions:
Definitions for the terms "anabolic steroid," "bout," "boxer," "cause," "contest," "knock-out," "permit," "professional," "professional club," "second," "technical knock-out," "10-point must scoring system." Bond requirements for promoters and clubs. Compliance with federal law by promoters and clubs. Application requirements for initial registrations for promoters, clubs, managers, matchmakers, judges, referees, trainers, timekeepers.
SECTION 2 creates the following provisions:
Application requirements for seconds. Requirements for renewal of registration for promoters, clubs, managers, matchmakers, judges, referees, trainers, timekeepers, ringside physicians, and seconds. Application requirements for permits to conduct boxing events. Effect of permits to conduct boxing events once issued. Grounds for canceling a professional boxing event.
SECTION 3 repeals and recreates the following provisions:
Duties of promoters and clubs that have been issued a permit to conduct a professional boxing event. Duties of inspectors, judges, referees, ringside physicians and timekeepers assigned by the department to conduct professional boxing events. Pay schedule for officials assigned to conduct professional boxing events.
SECTION 4 amends the following provision: The title of Ch.
RL 112
.
SECTION 8 repeals and creates s.
RL 112.04
, relating to handwraps.
SECTION 10 amends the title of Ch.
RL 113
.
SECTION 12 amends s.
RL 113.01 (1)
by striking the term show and adding the term event.
SECTION 13 amends and renumbers RL 113.02 (1).
SECTION 14 creates the following provision: Health examinations required for boxers.
SECTION 15 amends the following provisions: Requirements for boxers that have been knocked-out. Requirements for female boxers to submit to pregnancy testing.
SECTION 16 repeals and recreates the following provision: Weight limitations and weight classes.
SECTION 19 creates the following provisions: Sports drinks at ringside during contests, and Persons required at ringside before a professional boxing contest begins.
SECTION 22 creates the following provision: Health examinations required for boxers.
SECTION 24 amends the following provision: Grounds for discipline of promoters and clubs
SECTION 25 creates the following provision: Additional grounds for discipline of promoters and clubs.
SECTION 26 amends the following provision: Grounds for discipline of professional boxers.
SECTION 27 creates the following provision: Additional grounds for discipline of professional boxers.
SECTION 29 creates the following provisions: Grounds for medical suspensions and mandatory rest periods, and Grounds for mandatory drug testing.
Comparison with federal regulations
The federal law regulating boxing is Title 15 US Code Chapter
89
Professional Boxing safety § 6301- §6313. It's relationship to state law is stated in §6313, "nothing in this Act [
15 USCS §§ 6301
et seq.] shall prohibit a State from adopting or enforcing supplemental or more stringent laws or regulations not inconsistent with this Act [
15 USCS §§ 6301
et seq.], or criminal, civil, or administrative fines for violations of such laws or regulations." The proposed amendments to the current boxing rules are consistent with this regulation.
Comparison with rules in adjacent states
Illinois:
Boxing is regulated in Illinois via, the Professional Boxing Act 225 ILCS 105 and through the Illinois Code of Regulation. The statute and regulations specify the manner in which boxing contests will be conducted. 225 ILCS 105/0.05 Professional Boxing Act 225 ILCS 105/ Professional Boxing Act. Illinois Code of Regulation Title 68 Pt. 1371 §1371.300 — §1371.380 PART 1371 PROFESSIONAL BOXING AND MARTIAL ARTS CONTESTS: Sections Listing
Iowa:
The Iowa Administrative Code, 875 IAC 173.1 (90A) – 173.54(90A), regulates professional boxing contests some of the areas of regulation are drug testing, public safety, and blood-borne disease testing of contestants.
Michigan:
The Michigan Unarmed Combat Regulatory Act regulates boxing in Michigan, placing it under the regulatory control of the Department of Energy, Labor and Economic Growth, Director's Office. The administrative rules, MICH.ADMIN CODE R339.101 — R339.403 govern the manner in which boxing and mixed martial arts events are conducted.
http://www.legislature.mi.gov/
(S(itxqmlmbkf04w3325ny3cw45))/documents/mcl/pdf/mcl-Act-403-of-2004.pdf
and
SOAHR Admincode
Minnesota:
Summary of factual data and analytical methodologies
The Boxing Commissioner recognized the need to review the current boxing regulations in light of the passage of
2009 Wisconsin Act 111
and its impact on chapter 444, Stats. The new legislation made significant changes to the manner in which boxing contests are conducted and added the regulation of mixed martial arts. Along with the new legislation, provisions in force in other states were consulted as examples of consistency in regulating boxing and mixed martial arts. Some of those provisions were incorporated into the working draft, resulting in more standardized regulation of boxing and mixed martial arts specific to Wisconsin.
Analysis and supporting documents used to determine effect on small business
There will be an effect on small businesses that promote professional boxing contests in Wisconsin. Prior to the passing of
2009 Wisconsin Act 111
, boxing promoters were not required to pay certain fees or meet certain financial obligations such as a gate tax fee, posting of a bond, and payments for additional inspectors. These additional financial obligations could increase costs for promoters. However, the additional costs are necessary to ensure safety in conducting professional boxing events. Moreover, the targeted fees are compatible with other states that regulate the sport.
Section
227.137
, Stats., requires an "agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an "agency" in this section.
Anticipated costs incurred by private sector
The department finds that this rule will have an impact on the private sector as indicated above.
Small Business Impact
These proposed rules were reviewed by the department's Small Business Review Advisory Committee to determine if the rules will have a significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats. The rules may have some impact as described above in the
"Analysis and supporting documents used to determine the effect on small business"
section.
The Department's Regulatory Review Coordinator may be contacted by email at
hector.colon@wisconsin.gov
, or by calling 608-266-8608.
Fiscal Estimate
The department will have a one-time cost of $3,440 which will come from IT programming, form development and website updates. The anticipated total ongoing costs are $245,440 (includes both boxing and mixed martial arts), which will consist of staff time for licensing activities and attending events.
Agency Contact Person
Shawn Leatherwood
Dept. of Regulation and Licensing
Division of Board Services
1400 East Washington Avenue, Room 152
P.O. Box 8935, Madison, WI 53708
Phone: 608-261-4438
Notice of Hearing
Regulation and Licensing
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Regulation and Licensing in ss.
227.11 (2)
,
440.03 (1)
,
440.03 (1m)
,
444.01
,
444.02
,
444.03
,
444.035
,
444.06
,
444.095
,
444.11
,
444.12
,
444.13
,
444.14
,
444.15
and
444.18
, Stats., the Department of Regulation and Licensing will hold a public hearing at the time and place indicated below to consider an emergency rule and a proposed rule to create Chapters
RL 192
to
196
, relating to the regulation of mixed martial arts sporting events.
Hearing Information
Date:
September 20, 2010
Time:
9:30 a.m.
Location:
1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121A
Madison, Wisconsin
Appearance at Hearing and Submittal of Written Comments
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions and argument in writing as well. Facts, opinions and argument may also be submitted in writing without a personal appearance by mail addressed to Shawn Leatherwood, Department of Regulation and Licensing, Division of Board Services, 1400 E. Washington Ave., Room 152, P.O. Box 8935, Madison, WI 53708-8935, or by email
shawn
leatherwood@wisconsin.gov
. Written comments must be received by
September 27, 2010
, to be included in the record of rule-making proceedings.
Copies of Proposed Rule
Copies of this proposed rule are available upon request to Shawn Leatherwood, Department of Regulation and Licensing, Division of Board Services, 1400 East Washington Avenue, P.O. Box 8935, Madison, WI 53708, or by email at
shawn.leatherwood@wisconsin.gov
.
Analysis Prepared by the Department of Regulation and Licensing
Statutes interpreted
Statutory authority
Sections
227.11 (2)
,
440.03 (1)
,
440.03 (1m)
,
444.01
,
444.02
,
444.03
,
444.035
,
444.06
,
444.095
,
444.11
,
444.12
,
444.13
,
444.14
,
444.15
and
444.18
, Stats.
Explanation of agency authority
The Department of Regulation and Licensing has the authority under
2009 Wisconsin Act 111
to promulgate rules to implement the requirements under ch.
444
, Stats., relating to the regulation of mixed martial arts sporting events.
Related statute or rule
There are no other statutes or rules other than those listed above.
Plain language analysis
This proposed rule-making order creates chs.
RL 192
to
196
relating to the regulation of mixed martial arts sporting events. The proposed rules contain definitions, application and permit requirements, officials' duties at events, conducting sporting events, fouls, equipment, medical requirements, grounds for disciplinary action, and mandatory drug testing.
Comparison with federal regulations
None.
Comparison with rules in adjacent states
Illinois:
Statutes and rules for conducting mixed martial arts sporting events are found in the Illinois Professional Boxing Act 225 ILCS 105 and the Illinois Administrative Code Title 68 Chapter VII Subchapter b Part 1371.
Iowa:
Iowa does not require licensure for conducting mixed martial arts sporting events.
Michigan:
Statutes and rules for conducting mixed martial arts sporting events are found in the Michigan Unarmed Combat Regulatory Act 2004 PA 403, MCL 338.3601 to MCL 338.3633 and the Michigan Administrative Code R339.101 - R339.403.
Licensure must be sought through the Department of Labor and Economic Growth, Bureau of Commercial Services. The Unarmed Combat Commission assists the Director of the Department of Labor and Economic Growth in regulating the sport.
Minnesota:
Statutes and rules for conducting mixed martial arts sporting events are found in the Minnesota Statutes §
341.21
-§
341.37
and the Minnesota Register at Minn. Reg. §.2202.0010-§2202.1200.
Licensure must be sought via the Combative Sports Commission, which regulates the manner in which mixed martial arts contests will be conducted.
Summary of factual data and analytical methodologies
A department-approved advisory panel met several times in 2010 to draft these proposed rules. The advisory panel was comprised of Mixed Martial Arts combatants, judges, fight officials and promoters, and a physician familiar with the injuries incurred in mixed martial arts contests. Several department staff persons, including the State Boxing Commissioner, provided support and expertise to the advisory panel. In addition to the advisory panel's discussions, which formed the basis for the public safety protections, the regulations of several other states were reviewed. Provisions in force in some states were imported into the working draft, resulting in a set of standards that incorporates the most effective rules from other jurisdictions to rules that are unique to the regulation of mixed martial arts in Wisconsin.
Analysis and supporting documents used to determine effect on small business
There will be an effect on small businesses that promote mixed martial arts events in Wisconsin because previous to the legislation that was passed to regulate the sport, promoters did not need to meet certain requirements or pay certain fees that they will be required to pay now that the sport is regulated. Some of those fees and/or financial obligations that were outlined in
2009 Wisconsin Act 111
include: licensing fee, event fee, gate tax fee, bond requirements, and payment for inspectors, officials, etc. Payment for inspectors and officials was something that promoters paid for prior to the legislation being passed; however, we may require them to have more officials than they previously had which could increase their cost. The costs associated with regulating the sport are necessary to ensure the safety of the sport. Our fees are also in line with other states that conduct mixed martial arts events.
Section
227.137
, Stats., requires an "agency" to prepare an economic impact report before submitting the proposed rule-making order to the Wisconsin Legislative Council. The Department of Regulation and Licensing is not included as an "agency" in this section.
Anticipated costs incurred by private sector
The department finds that this rule will have an impact on the private sector as indicated above. It is important to note that mixed martial arts events bring in significant revenue to cities that conduct these events. The Ultimate Fighting Championship brand brings in millions of dollars in revenue when they come to a given state to conduct one of their events. The revenue comes from the patronization of hotels, restaurants, retail and other businesses.
Small Business Impact
These proposed rules were reviewed by the department's Small Business Review Advisory Committee to determine if the rules will have a significant economic impact on a substantial number of small businesses, as defined in s.
227.114 (1)
, Stats. The rule may have some impact as described above in the "Analysis and supporting documents used to determine effect on small business" section.
The Department's Regulatory Review Coordinator may be contacted by email at
hector.colon@wisconsin.gov
, or by calling 608-266-8608.
Fiscal Estimate
The department will have a one-time cost of $3,440 which will come from IT programming, form development and website updates. The department will have total on-going costs of $245,440 (includes both mixed martial arts and boxing), which will consist of staff time for licensing activities and attending events.
Agency Contact Person
Shawn Leatherwood
Dept. of Regulation and Licensing
Division of Board Services
1400 East Washington Avenue, Room 152
P.O. Box 8935, Madison, WI 53708
Phone: 608-261-4438
