Explanation of agency authority
Section
227.11 (2) (a) of the Statutes authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute.
Sections
101.63 (intro.) and
(1) (intro.) require the Department to adopt rules which establish standards for the construction and inspection of one- and two-family dwellings and components thereof. No set of rules may be adopted that has not taken into account the costs of specific code provisions to home buyers in relationship to the benefits derived from the provisions.
Related statute or rule
Various other statutes and rules promulgated by the Department address construction and inspection of public buildings and places of employment, and some of those rules likewise address designing those structures to withstand wind loads.
Plain language analysis
These rule revisions would clarify and simplify the prescriptive methods in ch.
SPS 321 for designing wall bracing for one- and two-family homes, to adequately withstand wind loads.
Summary of, and comparison with, existing or proposed federal regulation
An Internet-based search of the
Code of Federal Regulations (CFR) and the
Federal Register did not find any federal regulations relating to the rule revisions herein for one- and two-family dwellings — other than the preemptive construction, installation, and safety standards for manufactured homes in
24 CFR Parts 3280 and
3285.
Comparison with rules in adjacent states
Illinois: An Internet-based search did not reveal the existence of a statewide one- and two-family dwelling code. Dwelling regulation appears to be left up to the individual local units of government.
Iowa: An Internet-based search did not reveal the existence of a statewide one- and two-family dwelling code. Dwelling regulation appears to be left up to the individual local units of government.
Michigan: An Internet-based search revealed a mandatory, statewide one- and two-family dwelling code. The Residential Construction Code under the Construction Code Commission's General Rules, in section 408.305, contains the state amendments to the 2009 International Residential Code (IRC) developed by the International Code Council, and includes wall-bracing requirements that are similar to the requirements which would be replaced by the rule revisions contained herein.
Minnesota: An Internet-based search revealed a mandatory, statewide one- and two-family dwelling code. The Minnesota Department of Labor and Industry, in Chapter 1309, adopts the 2006 IRC, chapters 2-10 and 43. Chapters
2-
10 contain the general construction provisions of the IRC, which include wall-bracing requirements that are similar to the requirements which would be replaced by the rule revisions contained herein.
Summary of factual data and analytical methodologies
The Department received input during several meetings with the Dwelling Code Council. The makeup of this Council is established under section
15.407 (10) of the Statutes and consists of members who are appointed by the Governor. The Council includes representatives of several types of small businesses. Through this Council, the Department was able to gather information on the potential impacts of the rule revisions contained herein.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The rule revisions are not expected to significantly impact small business because they would clarify and simplify current requirements rather than impose new restrictions.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
These rule revisions are not expected to have an economic impact on small businesses, as defined in section
227.114 (1) of the Statutes. The Department's Regulatory Review Coordinator may be contacted by e-mail at
Tom.Engels@wisconsin.gov, or by calling (608) 266-8608.
Agency Contact Person
Sam Rockweiler, Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, WI, 53708-8935; or at telephone (608) 266-0797; or e-mail at
sam.rockweiler@wi.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
1. Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
SPS 321, and 320 to 325 Appendix — Uniform Dwelling Code
|
3. Subject
|
Wall Bracing for One- and Two-Family Dwellings
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED ⍽ PRO ⍽ PRS
⍽ SEG ⍽ SEG-S
|
20.165 (2) (j)
|
6. Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
9. Policy Problem Addressed by the Rule
|
The proposed rule revisions primarily would clarify and simplify the prescriptive methods in chapter SPS 321 for designing wall bracing for one- and two-family homes, to adequately withstand wind loads.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
Representatives of each of the following: building-trade labor organizations; certified building inspectors employed by local units of government; building contractors actively engaged in on-site construction of one- and two-family housing; manufacturers, retailers, or installers of manufactured or modular one- and 2-family housing; architects, engineers, or designers who are registered under chapter 443 of the Statutes and who are actively engaged in the design or evaluation of one- and two-family housing; the construction material supply industry; remodeling contractors actively engaged in the remodeling of one- and two-family housing; persons with disabilities, as defined in section 106.50 (1m) (g) of the Statutes; and fire prevention professionals.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
City of Wausau
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
No significant negative economic or fiscal impact is expected.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Design, construction, and inspection of wall bracing would be clarified and simplified – which should reduce costs and delays. The current costs and delays would continue if the rule is not implemented.
|
14. Long Range Implications of Implementing the Rule
|
Clarity and ease of use of the requirements would be improved.
|
15. Compare With Approaches Being Used by Federal Government
|
See comparison in the rule analysis that accompanies the proposed rule revisions.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
See comparison in the rule analysis that accompanies the proposed rule revisions.
|
17. Contact Name
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18. Contact Phone Number
|
Sam Rockweiler
|
608-266-0797
|
This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services
Uniform Dwelling Code, Chs.
320—325
General Part II, Chs.
326—360
NOTICE IS HEREBY GIVEN that pursuant to authority vested in the Department of Safety and Professional Services by sections 101.935 (3), 101.937 (1), 101.96 (1) (a) and (b), and 227.11 (2) (a) of the Wisconsin Statutes, and interpreting sections 101.935 (3), 101.937 (1), and 101.96 (1) (a) and (b) of the Wisconsin Statutes, the Department will hold a public hearing at the time and place indicated below to consider the proposed order to revise Chapters
SPS 320,
321, and
326, relating to manufactured homes and manufactured home communities.
Hearing Information
Date: Friday, March 14, 2014
Time: Commencing at 9:30 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121C
Madison, Wisconsin
Appearance at the Hearing
Interested persons are invited to present information at the hearing. Persons appearing may make an oral presentation but are urged to submit facts, opinions, and arguments in writing as well. Facts, opinions, and arguments may also be submitted in writing without a personal appearance, by e-mail to
sam.rockweiler@wi.gov or by mail addressed to the Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366. Written comments must be received at or before the public hearing to be included in the record of rulemaking proceedings.
Place Where Comments are to be Submitted and Deadline for Submission
Comments may be submitted to Sam Rockweiler, Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI, 53708-8366; or by e-mail to
sam.rockweiler@wi.gov. Comments must be received on or before
March 14, 2014, to be included in the record of rulemaking proceedings.
Copies of Rule
Proposed Order
An order of the Department of Safety and Professional Services to repeal SPS 326.10 (4); 326.32 (3) (b), (7), and (8); 326.34 (1) (a) (Note) and (6); 326.36 (1) (b) 2.; 326.37; and 326.38 (1) (c);
to renumber SPS 326.10 (5) to (20), 326.16, 326.32 (3) (c) to (e), 326.34 (7) and (8), and 326.36 (1) (b) 3. and 4.;
to renumber and amend SPS 326.33 (1) (a);
to amend SPS 321.40 (2) (b) 8.; 326.12 (1) (c) (intro.), 1., and 2.; 326.16 (Note); 326.19 (intro.) and (1); 326.28; 326.30 (1) (a), (b), and (2) (Note); 326.34 (1) (a) and (2); 326.36 (1) (intro.), (c), and (i), and (2); 326.38 (1) (intro.); 326.44 (intro.); and 326.49 (1) (intro.);
to repeal and recreate SPS 321.40 (1) and (Note [1]);
and to create SPS 320.07 (52m) (Note [2]), 321.40 (2) (title), 326.16 (2) and (3), and SPS 326.20 relating to manufactured homes and manufactured home communities.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
Explanation of agency authority
Section
101.935 (3), Stats., authorizes the Department to promulgate rules for administering and enforcing the permit process that the section requires for manufactured home communities.
Section
101.937 (1), Stats., requires the Department to promulgate rules establishing prescribed standards for providing water or sewer service to a manufactured home community occupant.
Sections
101.96 (1) (a) and
(b), Stats., require the Department to promulgate rules establishing standards for safe installation of manufactured homes, and for ensuring compliance with the standards.
Section
227.11 (2) (a), Stats., authorizes the Department to promulgate rules interpreting any statute that is enforced or administered by the Department, if the rule is considered necessary to effectuate the purpose of the statute.
Related statute or rule
The Department has related rules elsewhere in chs.
SPS 320 to
325 addressing (1) building permits for manufactured homes, (2) construction of footings and foundations, and (3) other structures that are attached to these homes.
The Department of Agriculture, Trade and Consumer Protection has rules in ch.
ATCP 125 relating to mobile home parks, and covering such items as rental agreements, transfer of tenancy, and termination of tenancy.
Plain language analysis
The proposed rule revisions primarily would update the installation standards for manufactured homes by incorporating the current, federal model standards in Title 24, Part 3285 of the Code of Federal Regulations — after approval for incorporating these standards is received from the Attorney General.
In addition to including several minor clarifications and updates, the proposed rule revisions would also (1) codify the Department's current modifications of the federal installation standards, and (2) update the Department's rules in chapter SPS 326 for manufactured home communities to reflect current administrative and regulatory practices. For example, the current provisions for deferred payment agreements for water and sewer service in a community would be repealed because they are better addressed in lease agreements between landlords and tenants. Also, where a community-wide soil test does not exist and a soil test is required, such as for a proposed frost-free-foundation design, the test would need to determine the soils in the entire community rather than at an individual site.
Summary of, and comparison with, existing or proposed federal regulation
Federal construction requirements that preempt state or local requirements for constructing manufactured homes are addressed in Title 42 of the
United States Code under sections 5401 to 5425, and in Title 24 of the
Code of Federal Regulations under Part 3280. Federal minimum, model installation requirements for manufactured homes are addressed in
24 CFR Part 3285.
Under
24 CFR 3285.1(a)(1), “States that choose to operate an installation program for manufactured homes in lieu of the federal program must implement installation standards that provide protection to its residents that equals or exceeds the protection provided by these Model Installation Standards." Wisconsin has exercised this choice, through subchapter V of chapter 101 of the Statutes.
The rule revisions proposed in this order will not infringe on the federal construction requirements in
24 CFR Part 3280, and will not provide less protection than the federal minimum installation requirements in
24 CFR Part 3285.
No current federal regulations were found relating to construction or operation of manufactured-home communities.
No proposed federal regulations were found relating to either manufactured homes or manufactured home communities.
Comparison with rules in adjacent states
An Internet-based search of Web sites from the four adjacent states and telephone contact with program staff there produced the following results relating to these proposed rule changes.
Illinois: Manufactured homes must be installed under the on-site supervision of a licensed manufactured home installer, in compliance with either the manufacturers instructions, or, where no such instructions are available, in compliance with prescribed standards relating to such items as site location, support systems, electrical connections, and perimeter enclosures. Statewide requirements also address anchoring of the home, the water and sewer connections, and licensing of plumbers and roofers. Licensure of manufactured home communities is comprehensive, covering such items as streets, parking, water and sewer service, fire safety, and waste disposal.
Iowa: The federal installation standards are applied without any state-level modifications, and the credentialing for installers is similar to Wisconsin's. The only statewide regulations that were found relating to manufactured home communities essentially address only the rental agreements.
Michigan: The federal installation standards are applied, and the credentialing for installers is similar to Wisconsin's. Regulation of manufactured home communities is comprehensive, covering such items as plan approval, inspections, recreational areas, streets, utilities, fire safety, and business practices.
Minnesota: The federal installation standards are applied, and the credentialing for installers is similar to Wisconsin's. The regulations for manufactured home communities cover such items as home spacing, water and sewer service, garbage and refuse disposal, fire protection, inspections, and storm shelters.
Summary of factual data and analytical methodologies
The data and methodology for developing these rule revisions were derived from and consisted primarily of comparing the current edition of
24 CFR Part 3285 to the 2007 draft final rule of that Part, which the Department has applied since April 1, 2007. The Department's review and assessment process included evaluating the modifications to those federal standards that the Department has likewise applied since April 1, 2007. This comparison and evaluation was performed with the Manufactured Housing Code Council, as created under section
15.407 (13) of the Statutes. The members of the Council include representatives of the major stakeholders, including manufacturers of manufactured homes, dealers, installers, owners and residents of manufactured home communities, inspectors, labor representatives, industry suppliers, and an association of the manufactured housing industry. The Department utilized the Council to obtain information on any potential impacts of both the technical and administrative elements of the rule revisions. A responsibility of Council members is to bring forth concerns their respective organizations may have with the requirements, including concerns regarding economic impacts.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
The primary document that was used to determine the effect of the proposed rule revisions on small businesses, and to prepare an economic impact analysis was
24 CFR Part 3285, along with the installation instructions the Department has posted on its Web site since April 2007.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
The proposed rule revisions are not expected to have an effect on small businesses because the current edition of
24 CFR Part 3285, as it would be modified by these rule revisions, is not expected to impose costs that would substantially exceed the costs imposed by the currently applied requirements.
The Department's Regulatory Review Coordinator may be contacted by e-mail at
Tom.Engels@wi.gov, or by calling (608) 266-8608.
Agency Contact Person
Sam Rockweiler, Rules Coordinator, at the Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, Room 151, P.O. Box 8366, Madison, WI, 53708-8366; or at telephone (608) 266-0797; or by e-mail at
sam.rockweiler@wi.gov.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
|
ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
|
1. Type of Estimate and Analysis
|
X Original ⍽ Updated ⍽ Corrected
|
2. Administrative Rule Chapter, Title and Number
|
SPS 321 and 326, Manufactured Homes, and Manufactured Home Communities
|
3. Subject
|
Manufactured Homes And Manufactured Home Communities
|
4. Fund Sources Affected
|
5. Chapter 20, Stats. Appropriations Affected
|
⍽ GPR
⍽ FED ⍽ PRO ⍽ PRS
⍽ SEG ⍽ SEG-S
|
|
6. Fiscal Effect of Implementing the Rule
|
X No Fiscal Effect
⍽ Indeterminate
|
⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
|
⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Cost
|
7. The Rule Will Impact the Following (Check All That Apply)
|
⍽ State's Economy
⍽ Local Government Units
|
⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
|
8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
|
9. Policy Problem Addressed by the Rule
|
The proposed rule revisions primarily would update the installation standards for manufactured homes by incorporating the current, federal model standards in Title 24, Part 3285 of the Code of Federal Regulations. The proposed rule revisions would also (1) codify the Department's current modifications of the federal installation standards, and (2) update the Department's rules in chapter SPS 326 for manufactured home communities to reflect current administrative and regulatory practices.
|
10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
|
Representatives of manufacturers of manufactured homes, dealers, installers, owners and residents of manufactured home communities, inspectors, labor representatives, industry suppliers, and an association of the manufactured housing industry.
|
11. Identify the local governmental units that participated in the development of this EIA.
|
City of Superior
|
12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
No significant negative economic or fiscal impact is expected.
|
13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
|
Installation of manufactured homes and operation of manufactured home communities would be guided by more up-to-date standards and information.
|
14. Long Range Implications of Implementing the Rule
|
Clarity and ease of use of the regulations would be improved.
|
15. Compare With Approaches Being Used by Federal Government
|
See comparison in the rule analysis that accompanies the proposed rule revisions.
|
16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
|
See comparison in the rule analysis that accompanies the proposed rule revisions.
|
17. Contact Name
|
18. Contact Phone Number
|
Sam Rockweiler
|
608-266-0797
|
This document can be made available in alternate formats to individuals with disabilities upon request.
