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.
subch. III of ch. SPS 326 Subchapter III — General Requirements
SPS 326.11 SPS 326.11Location.
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 SPS 326.12Physical layout.
SPS 326.12(1)(1)Sites.
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(1)(c)2. 2. Any property line of the community.
SPS 326.12(1)(c)3. 3. Any street within the community.
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) (3) Streets.
SPS 326.12(3)(a)(a) Streets shall conform to the minimum widths specified in Table 326.12.
Table 326.12
Street Widths, in Feet - See PDF for table PDF
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) (4) Existing manufactured home communities.
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 326.13Fire 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.
SPS 326.14 SPS 326.14Plumbing systems. Water and sewer systems owned by a manufactured home community operator or manufactured home community contractor shall be constructed and maintained in compliance with chs. SPS 381 to 387.
SPS 326.14 Note Note: The connection and use of a public water or sewer system is regulated under s. 281.45, Stats.
SPS 326.14 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 326.15 SPS 326.15Adequacy of water supply. Each manufactured home community operator or manufactured home community contractor shall furnish a continuous and adequate supply of potable water to its manufactured home community occupants.
SPS 326.15 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
SPS 326.16 SPS 326.16Electricity.
SPS 326.16(1)(1)Manufactured home community electrical connections shall meet the requirements set forth in ch. SPS 316.
SPS 326.16(2) (2)A manufactured home community operator may request an electric utility provider to disconnect the electrical service to a site where an electrical overload or other dangerous condition exists in nonconformance with ch. SPS 316.
SPS 326.16(3) (3)An authorized employee or agent of the department may order a manufactured home community operator to make the request specified in sub. (2).
SPS 326.16 Note Note: Chapter SPS 316 adopts the National Electrical Code (NEC). See Article 550 Part III of the NEC for information relating to electrical connections for manufactured homes. See Article 240 for overcurrent protection.
SPS 326.16 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; CR 14-017: renum. section 326.16 to (1), cr. (2), (3) Register August 2014 No. 704, eff. 9-1-14.
SPS 326.17 SPS 326.17Garbage and rubbish.
SPS 326.17(1)(1)All garbage not disposed of through a garbage disposal unit connected with the sewage system shall be kept in separate, leak proof, non-absorbent containers equipped with tight-fitting covers unless otherwise protected from flies and insects, and the contents shall be disposed of as often as necessary to prevent decomposition or overflow.
SPS 326.17(2) (2)Garbage and rubbish containers shall be maintained in a clean and sanitary condition. The use of wooden or paper containers for storing garbage and rubbish is prohibited.
SPS 326.17 Note Note: Local ordinances may require the separation of garbage and recyclable materials.
SPS 326.17(3) (3)This section does not prohibit the use of dumpsters in a manufactured home community.
SPS 326.17 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
SPS 326.18 SPS 326.18Management.
SPS 326.18(1)(1)Availability. The manufactured home community operator or a designee in charge of the manufactured home community in the absence of the operator shall, during reasonable hours, be available in the community, in close proximity to the community or via electronic means.
SPS 326.18(2) (2) Registration of owners. The manufactured home community operator shall keep a register of all owners and occupants of manufactured homes located in the manufactured home community, and shall permit the department or its agent to inspect the register at all reasonable times and upon reasonable notice. The register may be kept in an electronic form. If the register is being stored at a location different than the licensed address, the operator shall disclose the storage location to the department upon request.
SPS 326.18(3) (3) Maintenance. The manufactured home community operator shall maintain the manufactured home community in a clean, safe, orderly and sanitary condition at all times.
SPS 326.18 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
SPS 326.19 SPS 326.19Duties of occupants. All owners and other occupants of manufactured homes in a manufactured home community shall do all of the following:
SPS 326.19(1) (1)Register with the manufactured home community operator.
SPS 326.19(2) (2)Maintain their site in a clean, orderly and sanitary condition at all times.
SPS 326.19 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06; CR 14-017: am. (intro.), (1) Register August 2014 No. 704, eff. 9-1-14.
SPS 326.20 SPS 326.20Other municipal fees. A manufactured home community contractor or a manufactured home community operator may pass along to a homeowner a municipal charge imposed on the community or its occupants on a schedule to meet the obligations imposed by the municipality or municipal utility notwithstanding the terms of the lease.
SPS 326.20 History History: CR 14-017: cr. Register August 2014 No. 704, eff. 9-1-14.
subch. IV of ch. SPS 326 Subchapter IV — Water and Sewer Service
Part 1 - General
SPS 326.25 SPS 326.25General requirement. A manufactured home community contractor and a manufactured home community operator that provides water service or sewer service, or both, to the occupants of their manufactured home community shall furnish reasonably adequate service and facilities as required by this subchapter.
SPS 326.25 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
SPS 326.26 SPS 326.26Uniform billing rate. No manufactured home community operator or manufactured home community contractor may provide water and sewer service to a manufactured home community occupant at a billing rate different from that provided to all other occupants of their manufactured home community.
SPS 326.26 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
Part 2 - Records and Available Information
SPS 326.27 SPS 326.27Records of service interruptions. Each manufactured home community operator or manufactured home community contractor shall maintain a record of each interruption of service that results from a failure or disruption of the manufactured home community water supply or sewer collection system lasting more than one hour or affecting more than 25% of the manufactured home community occupants upon reporting of such an outage by a manufactured home community occupant. The manufactured home community operator's or manufactured home community contractor's records shall show the date and time the service interruption began, the duration, the cause, and the approximate number of manufactured home community occupants affected. Records must be maintained for 3 years following the date of occurrence.
SPS 326.27 Note Note: See also s. SPS 326.48 for further information.
SPS 326.27 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
SPS 326.28 SPS 326.28Information available and required to be provided to customers. Each manufactured home community operator or manufactured home community contractor shall have available and provide, to all new manufactured home community occupants and to any manufactured home community occupant making a request, a written notice that includes a summary of the rules set forth in this chapter pertaining to deposits, payment options, disconnection, and dispute procedures. The notice shall contain a reply procedure to allow manufactured home community occupants an opportunity to advise the manufactured home community operator or manufactured home community contractor of any special circumstances, such as the presence of infants or elderly persons or the use of human life-sustaining equipment, and to advise the manufactured home community operator or manufactured home community contractor to contact a specific third-party agency or individual prior to any disconnection action being taken. Each manufactured home community operator or manufactured home community contractor shall also provide annually, and any time rates are increased, written information regarding the rates charged to manufactured home community occupants for the provision of water and sewer service. The information provided shall include a description of how rates are determined, the rate charged the manufactured home community operator or manufactured home community contractor by its water or sewer service provider, and the department's telephone number.
SPS 326.28 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06; CR 14-017: am. Register August 2014 No. 704, eff. 9-1-14.
Part 3 - Rates, Service and Billing
SPS 326.29 SPS 326.29Application. The provisions of Part 3 are not applicable to manufactured home community operators or manufactured home community contractors who include the costs associated with water and sewer service in their rental fees.
SPS 326.29 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
SPS 326.30 SPS 326.30Reasonableness of water and sewer rates. A manufactured home community operator or manufactured home community contractor may establish general service charges for water and sewer service in one of the following ways:
SPS 326.30(1)(a)(a) If a manufactured home community operator or manufactured home community contractor purchases water and sewer service and resells the service to the manufactured home community occupants where the service is not metered, the maximum allowable water and sewer bill to each manufactured home community occupant may not exceed the lesser of the manufactured home community's water and sewer bill, plus 30%, divided by the number of occupied lots within the community, or the retail rates of the local municipality's water and sewer operation applied to the average user. The bill to each manufactured home community occupant shall be based on the previous billing cycle of the service provider. The average user is one whose consumption is equal to the volume of water billed to the manufactured home community operator or manufactured home community contractor, divided by the number of occupied lots or occupants within the manufactured home community. The allowable bill also includes the combination of all other charges to a typical residential customer, including such items as meter and storm water charges.
SPS 326.30 Note Note: The 30% additional charge is intended to recover the operational, maintenance, and capital costs associated with the facilities within the manufactured home community.
SPS 326.30(1)(b) (b) If a manufactured home community operator or manufactured home community contractor purchases water and sewer service and resells the service to the manufactured home community occupants where the service is metered, the maximum allowable water and sewer billing rate to each manufactured home community occupant may not exceed the local residential meter rate based on volume plus the combination of all other charges to a typical residential customer, including such items as meter and storm water charges.
SPS 326.30(2) (2)If a manufactured home community operator or manufactured home community contractor owns the water supply facilities or the sewerage treatment facilities that serve the manufactured home community, the water charge to a manufactured home community occupant may not exceed the average amount charged for a similar level of water utility service furnished by Wisconsin Class D water public utilities. The charge for sewer service may not exceed 2.5 times the charge for Wisconsin Class D water service.
SPS 326.30 Note Note: Information relative to the rates of Wisconsin Class D water public utilities is available from the Wisconsin Public Service Commission Web site at psc.wi.gov. See Bulletin 25.
SPS 326.30(3)(a)(a) A manufactured home community operator or manufactured home community contractor may establish water and sewer rates in excess of those set forth in sub. (1) or (2) if the manufactured home community operator or manufactured home community contractor can provide written documentation to the department that demonstrates that higher charges are necessary to meet the reasonable costs associated with all or part of the requirements for the construction, reconstruction, improvement, extension, operation, maintenance, repair, or depreciation of the water and sewer system and for the payment of all or part of the principal and interest of any indebtedness associated with providing water and sewer service at a reasonable cost.
SPS 326.30(3)(b) (b) A manufactured home community operator or manufactured home community contractor shall provide a written explanation of rates upon request of a manufactured home community occupant, and at any time rates are increased.
SPS 326.30 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06; CR 14-017: am. (1) (a), (b) Register August 2014 No. 704, eff. 9-1-14.
SPS 326.31 SPS 326.31Billing methods. Sewer or water bills for manufactured home community occupants shall be based on one of the following methods:
SPS 326.31(1) (1)Metered.
SPS 326.31(2) (2)Flat rate.
SPS 326.31(3) (3)Residential equivalent units.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.