Summary of July 27, 2016 Member Meeting

Alliance for Regulatory Coordination

Summary of Member Meeting

Meeting Date: July 27, 2016

Location: Associated Builders and Contractors (ABC) of Wisconsin, Madison, Wisconsin

The meeting was convened at 9:05 a.m. by Bob DuPont, of Regulatory Guidance and Design, LLC. Attendees introduced themselves and identified the organizations they were representing.

Regarding the DSPS response about possible credentialing changes DuPont summarized the letter sent to ARC from Joy Staab, Administrator of the Division of Professional Credential Processing, Department of Safety and Professional Services. The brief letter thanked ARC for its June 15, 2016 letter to the Department and closed with the sentence “A meeting is not necessary at this time.” DuPont asked if ARC members would like him to ask the Department for clarification of that sentence; does it mean that changes are not being contemplated by the DSPS, or does it mean ARC input is not desired at this time? After brief discussion it was agreed that DuPont should request clarification from the DSPS by sending an email to Joy Staab. DuPont said he would keep ARC members informed as to the DSPS response.

Ed Ruckriegel raised a tangential issue concerning state credentialing requirements for elevator inspectors. He said the state requirements are too stringent and should be revisited. DuPont suggested that topic be discussed during consideration of ARC priorities later in this meeting. Ed agreed.

Regarding the idea for owner’s choice of code application DuPont reported that Brian Flannery, of the Wisconsin Code Officials Alliance had been in contact with Jeff Weigand, in the DSPS Secretary’s Office, regarding this idea. According to Brian, Weigand said the DSPS has been studying petitions for variance submissions and is considering how granted petitions may relate to, or drive, code changes. According to Weigand, the Department is looking at the owner’s choice idea as a possible code change, and it may be discussed with the Commercial Building Code Council during their meeting on August 2, 2016. DuPont said he plans on attending that code council meeting to monitor, and if possible, participate in any discussion on this subject.

DuPont said it is not clear whether the DSPS would implement the idea as originally proposed by the ARC. He said the Wisconsin Commercial Building Code contains provisions for the Department to administratively recognize newer codes and standards found by the DSPS to be at least equivalent to currently adopted codes and standards. Under that code provision, the Department could approve use of newer editions of DSPS adopted national model codes and standards. However, through utilization of the current code provisions, the Department could leave it up to owners or designers to decide whether or not to use the newer national model code editions, leaving out provisions for the local code official to have input relative to the municipality having the resources to adequately administer such newer codes and standards. DuPont said the DSPS likely could implement the original ARC idea for owner’s choice idea through a code change; with such code change including the provision that local officials would have to agree to the use of newer codes and standards in their communities.

Regarding possible carbon monoxide update legislation DuPont reported that he had just recently received the second preliminary bill draft from the office of Representative Samantha Kerkman. He said he would review the draft and prepare an analysis for ARC members, similar to what he prepared for the first draft, and send it to all ARC members as soon as possible. The Carbon Monoxide Detection Work Group would then be relied upon to develop any further changes for consideration by all ARC members.

Regarding the Building Inspection Mutual Assistance Agreement DuPont reported that Wisconsin Emergency Management (WEM) is considering the ARC recommendation made to WEM since the April ARC meeting. He said that WEM staff recently reported they have been busy dealing with weather-related emergencies and have not forgotten about the ARC recommendation. The recommendation from ARC was that the agreement initially treat Wisconsin as one geographic region for administrative purposes; and that a work group be formed to further advise on development and implementation of the Building Inspection Mutual Assistance Agreement. The recommended work group would consist of one representative from each of the following five statewide associations: Wisconsin Code Officials Alliance; Wisconsin State Fire Chief’s Association; League of Wisconsin Municipalities; Wisconsin Counties Association; and Wisconsin Towns Association.

Regarding weekly emails on DSPS plan review availability DuPont asked if the weekly information he has recently been sending, about DSPS plan review, was useful and a desired service. He offered that a separate email distribution list could be created just for the weekly plan review updates. After brief discussion it was agreed the weekly emails should continue going to the current ARC member email contact list, with several members commenting that the information has been helpful and the current email format is easy to manage. DuPont said he would continue sending the emails on a weekly basis.

Regarding review of ARC activities and discussion of priorities DuPont led a review of the July 2016 Status Report document he had prepared and sent to members along with the meeting agenda. There was no disagreement expressed relative to the status of activities as reported by DuPont.

Discussion next turned to the proposed new ARC priority – monitoring the activities and recommendations of the Governor’s Commission on Government Reform, Efficiency and Performance as they relate to safety and buildings customers, programs and services of the DSPS. DuPont said he proposed this priority after researching Executive Order 179, which created the Commission, and after reviewing Commission activities of the past eight months. He said that the commission has discussed methods of measuring performance of state programs with an eye towards possibly ending programs felt to be ineffective. With the assistance of the Department of Administration, the Commission is set to issue a final report of findings and recommendations prior to introduction of the 2017-19 Biennial Budget Bill. (Introduction of the budget is expected in January 2017).

The work of this commission can be viewed as an opportunity or a threat. As ARC members have recognized, there certainly are opportunities for achieving greater efficiency through more coordination between state agencies and between state and municipal programs. However, discontinuing services such as trade licensing, plan review or inspections can affect not only public safety. Stopping of such services could profoundly affect businesses, trades and local officials involved in building construction and the promotion of public safety.

After a brief discussion by attendees, it was agreed that this matter should be added to the list of ARC priorities for the upcoming year.

DuPont suggested that the issue raised earlier by Ed Ruckriegel, relative to required qualifications for elevator inspectors be worked on under the current ARC priority related to coordination of state and municipal regulatory efforts for safety and buildings. Ed and others agreed to this strategy.

The next meeting of Alliance Members was scheduled for October 18, 2016, from 9:00 to 10:30 a.m. The meeting will be held at the offices of the Associated Builders and Contractors of Wisconsin.

The meeting was adjourned at 10:45 a.m.

This summary was prepared by Bob DuPont, Regulatory Guidance and Design, LLC.

It was issued on August 17, 2016.