Installation of thermal system insulation

In a change not specifically related to public employee health and safety, the Department of Commerce authority for regulation of thermal system insulation installation under s. 101.136, Wis. Stats. was repealed in the recently signed FY2011-13 biennial budget.

Background [http://legis.wisconsin.gov/lfb/2011-13%20Budget/Budget%20Papers/246.pdf]: Under 2009 Act 16, the Department of Commerce was required to regulate the business of installing and maintaining thermal system insulation installation under s. 101.136 of the statutes. Proponents of the legislation said that the legislation established uniform standards for the industry, established licensure and education requirements for persons who install thermal system insulation, and protected consumers from problems that could arise from improper installation of heat and frost insulation such as health threats from mold and mildew. Opponents of the rule suggested regulation of the industry is not needed, the license fee is too high, and the program would be a burden on the industry.

Commerce promulgated administrative rules to establish license and registration fees for thermal system mechanics, apprentices and helpers, but they did not implement the requirements. The Thermal System Insulation Council was not fully appointed (three of seven members were appointed) so there was no quorum, the Council never met to make recommendations to Commerce regarding proposed administrative rules, and Commerce did not hire a thermal system insulation inspector.

In the Executive Budget Book, the Walker administration indicated the program was recommended for deletion because there are no significant safety issues related to the profession of thermal system insulation mechanics, and the licensing requirements presented a significant barrier and cost to individuals entering the profession.