State Comparison
An Internet-based search of adjacent states' rules found the following regulations that include requirements relating to the licensure of manufactured home dealers and salespersons.
Illinois has no state regulations applying to manufactured home dealer and salesperson licenses.
Iowa has state regulations that require anyone engaged in the business of selling mobile homes or manufactured homes to obtain a mobile home retailer's license, administered by the Department of Transportation. The regulations are very basic. A $50,000 surety bond is required, and a license must be obtained for each county in which the dealer maintains a place of business.
Michigan has extensive regulations applying to the licensure of manufactured home dealers, administered by the Department of Labor and Economic Growth. The regulations are very detailed and comprehensive, covering areas such as criminal record check, surety bond, sales location, advertising, recordkeeping, purchase agreements, prohibited business practices, and broker responsibilities.
Minnesota has state regulations applying to the licensure of manufactured home dealers, administered by the Department of Administration. The regulations are very general, covering areas such as application, place of business, manufacturer's sale agreement, recordkeeping, salespersons, and dealer responsibilities.
Advisory Council
The proposed rules have been developed with the assistance of the Manufactured Home Dealers and Salespersons Advisory Council. The members of that citizen advisory council are as follows:
Name   Representing
Russ Gilson   WI Housing Alliance (Real estate agent)
Bart Huntington   WI Housing Alliance
(Dealer/community owner)
Tom Palecek   WI Housing Alliance (Manufacturer)
Allen Schwoerer   WI Housing Alliance (Installer)
Mark Thiede   WI Housing Alliance (Dealer)
Gary Wegner   WI Housing Alliance (Salesperson)
Lynn Wehner   WI Housing Alliance (Lender/mortgage
  broker)
Steve Wetts   WI Housing Alliance (Salesperson)
Kathleen Zurawski   USDA Rural Development (Public)
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules will affect any businesses that sell manufactured homes.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The proposed rules are an update and consolidation of existing rules. There are no new reporting, bookkeeping or other procedures required for compliance with the rules.
3. Types of professional skills necessary for compliance with the rules.
There are no types of professional skills necessary for compliance with the proposed rules.
4. Rules have a significant economic impact on small businesses.
Yes, rules submitted to Small Business Regulatory Review Board
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with chapter Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Fiscal Estimate
The Safety and Buildings Division is responsible for administering and enforcing the manufactured home dealer and salesperson licenses rules. The proposed rules do not contain any changes in the Division's license fees charged for administering and enforcing the licensure program. Also, the proposed rules will not create any additional workload costs. Therefore, the proposed rules will not have any fiscal effect on the Division.
The proposed rules will not have a significant fiscal effect on the private sector. The increased costs that may be incurred by the private sector are the result of proposed increases in the net worth or surety bond amounts for non-brokers. The proposed amounts for brokers however, have been reduced.
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division Web site at www.commerce.wi.gov/SB/. Paper copies may be obtained without cost from Roberta Ward, at the Department of Commerce, Program Development Bureau, P.O. Box 2689, Madison, WI 53701-2689, or Email at rward@commerce.state.wi.us, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
The small business regulatory coordinator for the Department of Commerce is Carol Dunn, who may be contacted at telephone (608) 267-0297, or Email at cdunn@commerce.state.wi.us.
Notice of Hearing
Commerce
(Fees, Ch. Comm 2)
(Manufactured Homes, Chs. Comm 95 to 98)
NOTICE IS HEREBY GIVEN that pursuant to ss. 101.935 and 101.937, Stats., the Department of Commerce will hold a public hearing on proposed rules under chapters Comm 26, 95 and 2, relating to manufactured home parks.
The public hearing will be held as follows:
Date and Time
Tuesday, January 18, 2005 at 1:00 p.m.
Location
Room 3B, Thompson Commerce Center
201 West Washington Avenue
Madison
Interested persons are invited to appear at the hearing and present comments on the proposed rules. Persons making oral presentations are requested to submit their comments in writing. Persons submitting comments will not receive individual responses. The hearing record on this proposed rulemaking will remain open until February 1, 2005, to permit submittal of written comments from persons who are unable to attend the hearing or who wish to supplement testimony offered at the hearing. Written comments should be submitted to Ronald Acker, at the Department of Commerce, P.O. Box 2689, Madison, WI 53701-2689, or Email at racker@commerce.state.wi.us.
This hearing is held in accessible facility. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please call (608) 266-8741 or (608) 264-8777 (TTY) at least 10 days prior to the hearing date. Accommodations such as interpreters, English translators, or materials in audio tape format will, to the fullest extent possible, be made available upon a request from a person with a disability.
Analysis of Proposed Rules
Statutory Authority: Sections 101.935 and 101.937, Stats.
Statutes Interpreted: Sections 101.935 and 101.937, Stats.
General Summary
Section 101.935, Stats., requires the Department of Commerce to issue permits to and regulate manufactured home parks through the promulgation of administrative rules. The rules must also establish the park permit fee. Chapter Comm 95 currently contains the required rules for the regulation of manufactured home parks, including the park permit fees. Section 101.937, Stats., requires the department to establish rules for providing water or sewer service by a manufactured home park operator or manufactured home park contractor to a manufactured home park occupant. Chapter PSC 186 currently contains the required rules relating to the provision of water or sewer service to manufactured home park occupants. The authority for administering chapter PSC 186 was transferred from the Public Service Commission to the department in 2001.
The proposed rules repeal both chapters Comm 95 and PSC 186 and create a new chapter Comm 26 consisting of the regulation of manufactured home parks, including the provision of water or sewer service to the parks. The park permit fee requirements currently in chapter Comm 95 are being moved, without change, to chapter Comm 2 – Fee Schedule.
Detailed Summary
In moving the administrative rules from chapters Comm 95 and PSC 186 into chapter Comm 26, some changes are being proposed. The following listing is a summary of the major changes contained in the proposed rules.
1. Two sets of plans are required to be submitted for plan approval of a new or expanded manufactured home park. [Comm 26.07]
2. Street width requirements for new manufactured home parks are proposed to be wider where off-street parking is not provided. [Comm 26.12 (3)]
3. Fire hydrants are required in new manufactured home parks depending on the availability of adequate water supply. [Comm 26.13 (2)]
4. The rules regarding the establishment of general service charges for water and sewer service are revised and separated depending on whether the service is metered or not metered. [Comm 26.30 (1)]
5. The maximum allowed deposit for water and sewer service is increased from $40 to $60, and the requirement to pay interest on the deposit is deleted. [Comm 26.33 (1)]
Federal Comparison
An Internet-based search of the Code of Federal Regulations (CFR) found the following existing federal regulations relating to manufactured home parks/communities.
Title 44 CFR Part 60 – Criteria for Land Management and Use. This regulation in the federal Department of Homeland Security requires local municipalities to have flood plain management regulations relating to proposed construction or other development in the municipality, including the placement of manufactured homes.
Several other federal regulations, such as Title 24 CFR part 201, Title 24 CFR Part 883 and Title 38 CFR Part 36, relate to loans and housing assistance for manufactured homes and home lots.
These federal regulations apply to different subjects and do not address the same activities as compared to the proposed rules.
An Internet-based search of the 2003 and 2004 issues of the Federal Register did not find any proposed regulations relating to manufactured home parks/communities.
State Comparison
An Internet-based search of adjacent states' rules found the following regulations that include requirements relating to manufactured home parks/communities.
Illinois has state regulations applying to the licensure of manufactured home communities, administered by the Department of Public Health. The regulations are comprehensive, covering areas such as streets, parking, water, sewer, fire safety, waste disposal, and inspections.
Iowa has no state regulations applying to manufactured home parks/communities. Iowa's manufactured home regulations govern the construction and installation of the homes as well as the licensure of home installers.
Michigan has extensive regulations applying to the licensure of manufactured home communities, administered by the Department of Consumer and Industry Services. The regulations are very detailed and comprehensive, covering areas such as plan approval, inspections, streets, utilities, fire safety, home installation, recreational areas, and business practices.
Minnesota has state regulations applying to the licensure of manufactured home parks and recreational camping areas, administered by the Department of Health. The regulations are very general, covering areas such as home spacing, water supply, sewage disposal, garbage and refuse, fire protection, and inspection.
The Illinois, Michigan and Minnesota regulations generally cover the same topics as the proposed rules.
Advisory Council
The proposed rules have been developed with the assistance of the Manufactured Homes and Home Parks Advisory Council. The members of that citizen advisory council are as follows:
Name   Representing
Phil Blazkowski   WI Counties Association (Municipal
  inspector)
Brian Brown   WI Housing Alliance (Sewer/water
  service provider)
Gregg Cleveland   WI Fire Chiefs Association (Fire chief)
Joseph Dentice, Jr.   WI Housing Alliance (Community
  operator)
Mark Flood   WI Housing Alliance (Community
  owner)
John Geise   WI Housing Alliance (Manufacturer)
Pete Halverson   WI Housing Alliance
  (Dealer/Salesperson)
Ron Middleton   WI Housing Alliance (Community
  owner)
Al Rhinerson   WI Housing Alliance (Installer)
Tom Schrader   WI Housing and Economic Development
  Authority (Public)
Kristen Zehner   WI Manufactured Home Owners
  Association (Home owner)
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