SPS 326.36 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06; correction in (1) (i) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 326.37 SPS 326.37 Deferred payment agreement.
SPS 326.37(1)(a) (a) Except as provided in par. (b), a manufactured home community operator or manufactured home community contractor shall offer deferred payment agreements to manufactured home community occupants for water and sewer service. The term of the deferred payment agreement shall not extend past the termination date of the lease in effect for the manufactured home community occupant.
SPS 326.37(1)(b) (b) Operators or contractors of small manufactured home communities are not required to offer deferred payment agreements to manufactured home community occupants.
SPS 326.37(2) (2) Every deferred payment agreement shall provide that service not be discontinued if the manufactured home community occupant pays a reasonable amount of the outstanding bill, agrees to pay the remaining outstanding balance in installments, and agrees to pay the current bill by the due date.
SPS 326.37(3) (3) For purposes of determining reasonableness in sub. (2), the manufactured home community operator or manufactured home community contractor shall consider the manufactured home community occupant's ability to pay, including the following factors:
SPS 326.37(3)(a) (a) Size of the delinquent account.
SPS 326.37(3)(b) (b) Manufactured home community occupant's water and sewer service payment history.
SPS 326.37(3)(c) (c) Time that the debt has been outstanding.
SPS 326.37(3)(d) (d) Reasons why the debt has been outstanding.
SPS 326.37(3)(e) (e) Any other relevant factors concerning the circumstances of the manufactured home community occupant, such as household size, income, and necessary expenses.
SPS 326.37(4) (4) A deferred payment agreement offered by a manufactured home community operator or manufactured home community contractor shall set out all terms and conditions of the agreement. If a deferred payment agreement cannot be reached because the manufactured home community occupant's offer is unacceptable to the manufactured home community operator or manufactured home community contractor, the manufactured home community operator or manufactured home community contractor shall inform the manufactured home community occupant why the manufactured home community occupant's offer was not acceptable. If the manufactured home community operator or manufactured home community contractor and the manufactured home community occupant cannot reach agreement on the terms and conditions of the deferred payment agreement, the manufactured home community occupant shall be informed of the right to ask the department to review the agreement being offered.
SPS 326.37(5) (5) The manufactured home community occupant shall be informed that signing a deferred payment agreement does not affect the responsibility of the manufactured home community occupant to pay for current service or meet the payment schedule set out in the agreement. The manufactured home community occupant will be considered in default of the agreement if any bill for current service or any payment under the agreement is allowed to become delinquent.
SPS 326.37(6) (6) If an applicant for manufactured home community water and sewer service or a manufactured home community occupant has not fulfilled the terms of a deferred payment agreement and there has not been a significant change in the manufactured home community occupant's ability to pay since the agreement was negotiated, the manufactured home community operator or manufactured home community contractor may disconnect under s. SPS 326.34, and under such circumstances, it shall not be required to offer subsequent negotiation of a deferred payment agreement prior to disconnection.
SPS 326.37(7) (7) Any payments made by a manufactured home community occupant solely in compliance with a deferred payment agreement, and not as part of a payment for other manufactured home community services, shall first be considered as payment toward the deferred payment agreement, with any remainder credited to the current bill. Payments made to satisfy a current bill for manufactured home community service, which may include a portion for a deferred payment agreement, shall be credited as set forth in s. SPS 326.32 (3).
SPS 326.37 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06; correction in (6), (7) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 326.38 SPS 326.38 Dispute procedures.
SPS 326.38(1)(1) If a manufactured home community occupant disputes a manufactured home community operator or manufactured home community contractor's request for a deposit, or advises the manufactured home community's designated office prior to the disconnection of service that all or any part of any billing as rendered is in dispute, or that any matter related to the disconnection or refusal of service is in dispute, the manufactured home community operator or manufactured home community contractor shall:
SPS 326.38(1)(a) (a) Investigate the dispute promptly and completely.
SPS 326.38(1)(b) (b) Advise the manufactured home community occupant of the results of the investigation.
SPS 326.38(1)(c) (c) Attempt to resolve the dispute, including offering a deferred payment agreement under s. SPS 326.37.
SPS 326.38(2)(a)(a) After the manufactured home community occupant has pursued the available remedies with the manufactured home community operator or manufactured home community contractor, the manufactured home community occupant may request that the department informally review the disputed issue and recommend terms of settlement.
SPS 326.38(2)(b) (b) A request for informal review may be made in any reasonable manner, including written, electronic or telephone request directed to the department. The department may request in writing or by telephone the manufactured home community operator or manufactured home community contractor to provide investigative information regarding the dispute.
SPS 326.38(2)(c) (c) A manufactured home community operator or manufactured home community contractor shall respond to the department request for an investigation promptly. Based on information provided by the manufactured home community operator or manufactured home community contractor and the manufactured home community occupant, the department shall make an informal determination for settlement of the dispute and communicate that determination to both parties. Either party to the dispute may request and receive the department determination, and the basis for it, in writing. The department shall inform any manufactured home community occupant disputing an informal determination of the right to pursue a formal review.
SPS 326.38(2)(d) (d) At least 7 business days shall elapse between the date the department telephones or mails notice of terms of settlement and disconnection.
SPS 326.38(3)(a)(a) After informal review, any party to the dispute may make a written request for a formal review by the department. To avoid disconnection pending a formal review, the manufactured home community occupant shall request in writing a formal review by the department within 7 business days of the issuance of the informal determination. All other requests for formal review shall be made within 30 calendar days of the date the department telephones or provides written notice of terms of the settlement after informal review. If a party to a dispute requests written confirmation of the department decision, the 30-day period begins from the date of that mailing.
SPS 326.38(3)(b) (b) The department shall base its formal determination on the request for formal review and the department's informal dispute file. Within 45 calendar days from the date that a request for formal review is made, the department shall draft a memorandum based on the information it has received from the manufactured home community operator or manufactured home community contractor and the manufactured home community occupant. A copy of the memorandum shall be provided to the parties no less than 15 business days prior to consideration by the department. The department shall inform both parties in writing of the date of consideration. Either party to the dispute may file a response to the department memorandum. A response shall be filed with the department no less than 2 business days prior to the date scheduled for consideration by the department. The department shall inform both parties in writing of its formal review decision.
SPS 326.38(4) (4) Either party to the dispute may request that the department reconsider its formal determination under this section. A request for reconsideration shall comply with s. 227.49, Stats., and shall be received by the department within 20 days after the date the department mailed the determination. A request for reconsideration shall include any additional information or arguments that the party believes were not considered in the original dispute. The department may review and reaffirm its original decision, issue a new decision, or decide to hold a hearing on the matter for the gathering of additional information.
SPS 326.38(5)(a)(a) If the department decides under sub. (4) to conduct a hearing, the department may impose conditions on granting the hearing. If either party fails to meet a condition, the department may or may not hold a hearing on the dispute.
SPS 326.38(5)(b) (b) The hearing shall conform to the procedures of ch. 227, Stats.
SPS 326.38(5)(c) (c) The hearing shall be held not less than 10 days following mailing of the notice of hearing and a decision shall be rendered within 30 days following the conclusion of the hearing.
SPS 326.38(6) (6) Manufactured home community water and sewer service shall not be disconnected or refused because of any disputed matter while the disputed matter is being pursued in accordance with the provisions of this section. The manufactured home community operator or manufactured home community contractor shall inform the manufactured home community occupant that pursuing a disputed matter does not relieve the manufactured home community occupant of the obligation of paying charges that are not in dispute, prevent disconnection of water and sewer service for nonpayment of undisputed charges, or prevent the application of a late payment charge to amounts in dispute and later determined to be correct.
SPS 326.38 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 326.39 SPS 326.39 Complaint procedures. Manufactured home community occupants may complain to the department concerning adequacy of water supply, or the general condition of the manufactured home community's water distribution system, sewer collection system or sewer treatment system.
SPS 326.39 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
Part 4 - Customer Meters, Accuracy Requirements
SPS 326.40 SPS 326.40 Meters.
SPS 326.40(1)(1) All meters used for measuring the quantity of water delivered to a manufactured home community occupant shall be in good working condition. They shall be adequate in size and design for the type of service measured and shall be accurate to the standard specified in s. PSC 185.65 (2).
SPS 326.40(2) (2) If water service is supplied by a manufactured home community operator or manufactured home community contractor on a metered basis, service may not be supplied to any manufactured home community occupant from facilities which are downstream from another manufactured home community occupant's meter.
SPS 326.40 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
SPS 326.41 SPS 326.41 Meter testing facilities and equipment. Each manufactured home community operator or manufactured home community contractor billing for water and sewer service on a metered basis shall own or provide, through contract or otherwise, adequate equipment and facilities to provide for testing of all of its water meters.
SPS 326.41 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
SPS 326.42 SPS 326.42 Testing of manufactured home community occupant meters.
SPS 326.42(1) (1) The test of any manufactured home community occupant's meter shall consist of a comparison of its accuracy with that of a standard of known accuracy. If the test standard consists of a previously calibrated reference or service meter, the test results for the manufactured home community occupant meter shall be adjusted to compensate for the inaccuracies of the reference meter at the particular flow rates.
SPS 326.42(2) (2) Meters shall be tested before repair ("As Found") and after repair ("As Left"), if applicable.
SPS 326.42(3) (3) Meters not meeting the accuracy or other requirements of s. PSC 185.65 (2) shall be repaired or rebuilt to meet those requirements before further use.
SPS 326.42 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
SPS 326.43 SPS 326.43 Test flows. The required test flow and normal test flow limits are as listed in s. PSC 185.65. The stated test flows apply for both "As Found" and "As Left" tests.
SPS 326.43 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
SPS 326.44 SPS 326.44 Required tests of manufactured home community occupant meters. Meters shall be tested by the manufactured home community operator or manufactured home community contractor at the following times:
SPS 326.44(1) (1) Before use if the meter has not been tested or certified to be accurate.
SPS 326.44(2) (2) Upon manufactured home community occupant request in accordance with s. SPS 326.45.
SPS 326.44(3) (3) When damaged or otherwise suspected of being inaccurate.
SPS 326.44 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 326.45 SPS 326.45 Requested test.
SPS 326.45(1)(1) Except as provided in sub. (2), each manufactured home community operator or manufactured home community contractor shall promptly make an accuracy test of any metering installation upon request of a manufactured home community occupant.
SPS 326.45(2) (2) If less than one year has elapsed since the last meter test, the manufactured home community operator or manufactured home community contractor is not obligated to test the meter unless there is evidence that the meter is damaged or otherwise registering incorrectly.
SPS 326.45(3) (3) When a meter test is performed upon request of the manufactured home community occupant, an amount equal to 50% of the estimated cost of the meter test shall be advanced to the manufactured home community operator or manufactured home community contractor by the manufactured home community occupant. This amount shall be refunded if the test shows the meter to be over registering by more than 2%. The entire cost resulting from the meter test shall be the responsibility of the manufactured home community occupant if the results of the test show the meter to be under registering or accurate under s. PSC 185.65 (2).
SPS 326.45(4) (4) A report giving the results of the test shall be provided to the manufactured home community occupant and a complete original test record shall be kept on file by the manufactured home community operator or manufactured home community contractor for one year following the test date.
SPS 326.45(5) (5) Upon request, the test shall be made in the presence of the manufactured home community occupant during normal business hours.
SPS 326.45 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
SPS 326.46 SPS 326.46 Remote outside meter system tests. The remote outside meter system, if used, shall be tested each time the associated meter is tested. If the total recorded consumption of the remote outside meter agrees with that of the base meter, no further testing of the remote outside meter system is required.
SPS 326.46 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
Part 5 - Operating Requirements
SPS 326.47 SPS 326.47 Flushing mains. If practical, dead-end mains or other low-flow portions of distribution systems shall be flushed as needed to eliminate or minimize complaints from manufactured home community occupants arising from an objectionable condition of water due to lack of circulation.
SPS 326.47 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
SPS 326.48 SPS 326.48 Interruptions of service.
SPS 326.48(1) (1) Each manufactured home community operator or manufactured home community contractor shall make all reasonable efforts to prevent interruptions of service. When interruptions occur, the manufactured home community operator or manufactured home community contractor shall endeavor to re-establish service with the shortest possible delay consistent with the safety of its employees, the manufactured home community occupants, and the general public.
SPS 326.48(2) (2) Reasonable notice shall be given to manufactured home community occupants of planned interruptions of service.
SPS 326.48 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
SPS 326.49 SPS 326.49 Maintenance of water and sewer piping.
SPS 326.49(1)(1) Thawing of a manufactured home community occupant's frozen water service or building sewer shall be at the manufactured home community occupant's expense unless:
SPS 326.49(1)(a) (a) The freeze-up is a direct result of a disconnect initiated by the manufactured home community operator or manufactured home community contractor and the disconnection occurs during a time when conditions are such that freeze-up could reasonably be expected to occur.
SPS 326.49(1)(b) (b) The freeze-up is a result of a deficiency in the manufactured home community water or sewer service piping.
SPS 326.49(2) (2) The cost of maintenance of water and sewer service piping shall be at the expense of the manufactured home community occupant if the manufactured home community occupant physically damages piping or discharges improper materials into the sewer.
SPS 326.49 Note Note: See ss. SPS 382.34 and 383.32 for information regarding the discharge of improper materials into a sewer.
SPS 326.49 History History: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06.
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