SPS 326.03
SPS 326.03
Petition for variance. The department shall consider and may grant a variance to a non-statutory provision of this chapter in accordance with ch.
SPS 303. The petition for variance shall include a position statement from the fire department having jurisdiction over the affected property.
SPS 326.03 Note
Note: Chapter
SPS 303 requires the submittal of a petition for variance form (SBD-9890) and a fee, and that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned. Chapter
SPS 303 also requires the department to process regular petitions within 30 business days and priority petitions within 10 business days.
SPS 326.03 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 326.04
SPS 326.04
Penalties. Penalties for violations of this chapter shall be assessed in accordance with s.
101.94 (8) (c), Stats.
SPS 326.04 Note
Note: Section
101.94 (8) (c), Stats., indicates that a person who violates s.
101.935, a rule promulgated under s.
101.935 or an order issued under s.
101.935 may be required to forfeit not less than $10 nor more than $250 for each violation. Each day of continued violation constitutes a separate violation.
SPS 326.04 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06.
SPS 326.05(1)(1)
Appeal of department order. Pursuant to ss.
101.02 (6) (e) and
101.94 (7), Stats., any person who owns or occupies a property that is affected by an order of the department may petition the department for a hearing on the reasonableness of the order.
SPS 326.05(2)
(2) Appeal of local order. Pursuant to s.
101.02 (7) (b), Stats., any person affected by a local order that is in conflict with an order of the department may petition the department for a hearing on the local order.
SPS 326.05(3)
(3) Petition of administrative rule. Pursuant to s.
227.12, Stats., any municipality, corporation or any 5 or more persons having an interest in an administrative rule may petition the department requesting the adoption, amendment or repeal of the rule.
SPS 326.05 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06.
SPS 326.06
SPS 326.06
Fees. Fees for the plan examination, community permit and inspection of communities shall be submitted to the department as specified in ch.
SPS 302.
SPS 326.06 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 326.07
SPS 326.07
Plan approval. Two sets of plans and one set of related specifications and calculations for a new or expanded manufactured home community shall be submitted to the department or its agent for examination in relation to this chapter and for approval before work is begun on the community. After the initial approval, no change in plans or specifications that is affected by any provision of this chapter may be made unless the change is approved and dated by the department or its agent. Plan requirements shall be shown to scale and direction according to s.
SPS 326.12 (1) to
(3). An approval letter from the department shall also be attached to plans for any private sewage system. A copy of a safe water sample test result shall be submitted for private wells.
SPS 326.07 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 326.08(1)(1)
Application. Before a manufactured home community is opened for public use, the manufactured home community operator shall obtain a permit from the department or its agent by application made upon form SBD-10675. The permit is valid for a maximum period of 2 years, and shall be renewed prior to expiration. Upon a change of manufactured home community operator, the department or its agent shall be notified on form SBD-10675.
SPS 326.08 Note
Note: The forms required in this chapter are available on the department's website at dsps.wi.gov, or by request from the Department of Safety and Professional Services, P. O. Box 7302, Madison, Wisconsin 53707-7302, or call (608) 266-2112.
SPS 326.08 Note
Note: Section
101.935 (2) (c), Stats., indicates that permits are valid for a 2-year period that begins on July 1 of each even-numbered year and ends on June 30 of the next even-numbered year. If a person applies for a permit after the beginning of a permit period, the permit is valid until the end of the permit period.
SPS 326.08(2)
(2) Action by the department. Pursuant to s.
SPS 302.07 (3), the department or its agent shall review and make a determination on an application for a community permit within 20 business days. If the application for a permit is denied, the department or its agent shall give the applicant reasons, in writing, for the denial. The department or its agent shall conduct an on-site review for new communities, community expansions or complaints.
SPS 326.09(1)(1)
Access. An authorized employee or agent of the department, upon presenting proper identification if requested, shall be permitted to enter any manufactured home community at any reasonable time for the purpose of inspecting the manufactured home community to determine compliance with this chapter. The department's authorized employee or agent shall be permitted to examine the records of the manufactured home community pertinent to this chapter, including manufactured home community registration records.
SPS 326.09(2)(a)
(a)
Notification. If upon inspection of a manufactured home community the authorized employee or agent of the department finds that the manufactured home community is not planned, operated or equipped as required by this chapter, the employee or agent shall, except as provided under par.
(b), notify the manufactured home community operator in writing. The notice shall specify the changes required to make the manufactured home community conform to the standards established in this chapter and the time period within which compliance shall take place.
SPS 326.09 Note
Note: Section
101.935 (2) (b), Stats., requires the department to hold a hearing in accordance with ch.
227, Stats., before suspending or revoking a permit for violations of this chapter.
SPS 326.09(2)(b)
(b)
Order to deal with an immediate danger to health. Where there is reasonable cause to believe that any construction, sanitary condition, operation or method of operation of the premises of a manufactured home community, or of equipment used on the premises, creates an immediate danger to health, an authorized designee of the administrator of the department's division of industry services, pursuant to s.
101.935 (2) (e), Stats., may without advance written notice, issue a temporary order to remove the immediate danger to health. The authorized designee may issue a monetary forfeiture to the manufactured home community operator for each day the danger is present after it has been identified. That order shall take effect on the delivery to the operator or other person in charge of the manufactured home community. The order shall be limited to prohibiting the continued operation or method of operation of specific equipment, requiring the premises to cease other operations or methods of operations that create an immediate danger to health, or a combination of these, except that if a more limited order will not remove the immediate danger to health the order may direct that all operations authorized by the permit shall cease. If before scheduled expiration of the temporary order the department determines that an immediate danger to health does in fact exist, the temporary order shall remain in effect. The department shall then schedule and hold a hearing pursuant to ch.
227, Stats., unless the immediate danger to health is removed or the order is not contested and the operator and the department mutually agree that no purpose would be served by a hearing.
SPS 326.09(3)
(3) Local enforcement. If an agent issues permits directly under this chapter, the agent shall create enforcement and appeal procedures in accordance with ss.
66.0417 and
97.615 (2), Stats., which shall supersede sub.
(2).
SPS 326.09 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06; correction in (2) (b) made under s.
13.92 (4) (b) 6., Stats.,
Register September 2013 No. 693; correction in (3) made under s.
13.92 (4) (b) 7., Stats.,
Register February 2017 No. 734.
SPS 326.10
SPS 326.10
Definitions. In this chapter:
SPS 326.10(1)
(1) “Ability to pay" means a manufactured home community occupant's financial capacity to meet the manufactured home community occupant's water and sewer service financial obligation.
SPS 326.10(2)
(2) “Agent" means a village, city or county designated by the department to issue permits and make inspections of the manufactured home communities.
SPS 326.10(3)
(3) “Basic unit" means a manufactured home without hitch, awnings, cabanas, storage unit, carport, garage, windbreak, non-winterized porch or similar appurtenant structures.
SPS 326.10(4)
(4) “Department" means the department of safety and professional services.
SPS 326.10(5)
(5) “Disconnection" means an event or action taken by the manufactured home community operator or manufactured home community contractor to terminate or discontinue the provision of water and sewer service, but does not include cessation of service at the request of a manufactured home community occupant.
SPS 326.10(6)
(6) “Dispute" means a statement or question by a manufactured home community occupant alleging a wrong, grievance, injury, dissatisfaction, illegal action or procedure, dangerous condition or action committed or created by a manufactured home community operator or manufactured home community contractor.
SPS 326.10(7)
(7) “General service charges" means charges billed to the manufactured home community occupant by the manufactured home community operator or manufactured home community contractor and intended to recover the cost of supplying water and sewer service.
SPS 326.10 Note
Note: The expenses typically recovered by general service charges are operation and maintenance expenses, taxes, depreciation, or debt service. Expenses such as late payment charges, non-sufficient funds check charges, or reconnection charges are not typically recovered through general service charges but are typically separate, additional charges applied to the manufactured home community occupant's account.
SPS 326.10 Note
Note: Under s.
101.91 (2), Stats., “manufactured home" means any of the following:
SPS 326.10 Note
(am) A structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the federal department of housing and urban development as complying with the standards established under
42 USC 5401 to
5425.
SPS 326.10 Note
(c) A mobile home, unless a mobile home is specifically excluded under the applicable statute.
SPS 326.10 Note
Note: Under s.
101.91 (5m), Stats., "manufactured home community" means any plot or plots of ground upon which 3 or more manufactured homes that are occupied for dwelling or sleeping purposes are located. “Manufactured home community" does not include a farm where the occupants of the manufactured homes are the father, mother, son, daughter, brother or sister of the farm owner or operator or where the occupants of the manufactured homes work on the farm.
SPS 326.10 Note
Note: Under s.
101.91 (6m), Stats., "manufactured home community contractor" means a person, other than a public utility, as defined in s.
196.01 (5) (a), who, under a contract with a manufactured home community operator, provides water or sewer service to a manufactured home community occupant or performs a service related to providing water or sewer service to a manufactured home community occupant.
SPS 326.10 Note
Note: Under s.
101.91 (7), Stats., "manufactured home community occupant" means a person who rents or owns a manufactured home in a manufactured home community.
SPS 326.10 Note
Note: Under s.
101.91 (8), Stats., "manufactured home community operator" means a person engaged in the business of owning or managing a manufactured home community.
SPS 326.10(13)
(13) “Meter" means an instrument installed to measure the volume or rate, or both, of flow of water delivered through it.
SPS 326.10(14)
(14) “Person" means an individual, firm, trust, partnership, association or corporation.
SPS 326.10(15)
(15) “Protective services emergency" means a threat to the health or safety of a community resident because of the infirmities of aging, other developmental or intellectual disabilities, or the frailties associated with being very young.
SPS 326.10(16)
(16) “Remote outside meter" means an analog device attached to a building or structure that displays the reading of the base meter through electronic pulses sent from the base meter.
SPS 326.10 Note
Note: Remote outside meters are considered part of the manufactured home community operator's or manufactured home community contractor's metering configuration.
SPS 326.10(17)
(17) “Site" means a plot of ground within a manufactured home community designed for placement of one manufactured home.
SPS 326.10(18)
(18) “Small manufactured home community" means a manufactured home community containing fewer than 6 individual sites that are rented or offered for rent for the accommodation of a manufactured home.
SPS 326.10(19)
(19) “Street" means the paved or surfaced portion of the roadway between curb faces.
SPS 326.10 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06; correction in (5) made under s.
13.92 (4) (b) 6., Stats.,
Register December 2011 No. 672;
CR 14-017: r. (4), renum. (5) to (20) to (4) to (19)
Register August 2014 No. 704, eff. 9-1-14;
2019 Wis. Act 1: am. (15) Register May 2019 No. 761, eff. 6-1-19.
SPS 326.11(1)(1)
Every manufactured home community and manufactured home within the community shall be located on a well-drained area and shall be properly graded to prevent the accumulation of stormwater or other waters.
SPS 326.11(2)
(2) A manufactured home shall be located on soil that provides sufficient soil bearing capacity to support the manufactured home.
SPS 326.11 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06.
SPS 326.12(1)(a)(a) Each site shall be clearly delineated on plans submitted to the department or its agent for approval.
SPS 326.12(1)(b)
(b) Each basic unit shall be located on a site so that there is at least a 10-foot clearance between basic units. The clearance requirements shall be exclusive of a parking area.
SPS 326.12(1)(c)
(c) No basic unit may be located closer than 10 feet to any of the following:
SPS 326.12(1)(c)1.
1. Any building such as a pump house, the office building for the community, a laundry building or a recreational building, except a garage or accessory structure belonging to the site or manufactured home community occupant.
SPS 326.12 Note
Note: See chs.
SPS 320 to
325 for additions and alterations to manufactured homes.
SPS 326.12(2)
(2) Parking. Parking spaces in a ratio of one and one half for each site shall be provided and maintained in good condition.
SPS 326.12(3)(a)
(a) Streets shall conform to the minimum widths specified in Table 326.12.
Table 326.12
SPS 326.12(3)(b)
(b) Where parking on the street is prohibited, “no parking" signs shall be provided.
SPS 326.12(3)(c)
(c) Streets shall be graveled or paved, maintained in good condition, have natural drainage, and be able to support the imposed loads for occasional use of fire apparatus as determined in consultation with the local fire department.
SPS 326.12(4)(a)(a) Except as provided in par.
(b), manufactured home communities or a section of a manufactured home community that were in existence prior to 1962 need not comply with subs.
(1) to
(3) unless the department determines that non-compliance endangers the health or safety of community occupants.
SPS 326.12(4)(b)
(b) Any manufactured home community expansion shall comply with subs.
(1) to
(3) and other applicable parts of this chapter.
SPS 326.12(4)(c)
(c) Any modification of a manufactured home community that existed prior to 1962 relating to the size of the basic units, the separation between basic units or the placement of basic units on a lot in relationship to streets and other buildings shall be permitted by the department unless the department determines that the modification endangers the health or safety of community occupants. Any modification of a manufactured home community which did not exist prior to 1962 shall comply with subs.
(1) to
(3) and other applicable parts of this chapter.
SPS 326.12(4)(d)
(d) Manufactured home communities or a section of a manufactured home community that were constructed between 1962 and March 1, 2006 shall comply with the following requirements for the width of 2-way streets within the community: At least 32 feet if parking is permitted on both sides of the street, 24 feet if parking is permitted on one side of the street and 18 feet if parking on the street is prohibited.
SPS 326.12 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06; correction in (3) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 14-017: am. (1) (c) (intro.), 1., 2.
Register August 2014 No. 704, eff. 9-1-14.
SPS 326.13
SPS 326.13
Fire hydrants. For manufactured home communities and community expansions constructed after March 1, 2006, fire hydrants shall be provided in accordance with ch.
NR 811 when the required water supply is available.
SPS 326.13 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06.
