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.
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)
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The proposed rules will affect any businesses that own or operate a manufactured home park.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The proposed rules are an update and consolidation of existing rules. Other than the requirement for submittal of 2 sets of plans, instead of one, for approval of a new or expanded manufactured home park, 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 parks rules. The proposed rules do not contain any changes in the Division's park permit fees charged for administering and enforcing the park 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 anticipated costs that may be incurred by the private sector are the result of new street width and fire hydrant requirements for new manufactured home parks. These requirements are conditioned upon the availability of off-street parking and adequate water supply.
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
(Financial Assistance, etc., Chs.
Comm 105)
NOTICE IS HEREBY GIVEN that pursuant to ss.
560.205 (3) (d) and
560.275 (7) (b), Stats., as created by
2003 Wisconsin Act 255, the Department of Commerce will hold a public hearing on the emergency rule and proposed permanent rule under chapter Comm 129, relating to technology commercialization programs.
The public hearing will be held as follows:
Date and Time
Wednesday, January 12, 2005 at 10:00 a.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
January 26, 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
General Summary
Under sections
560.205 and
560.275, Stats., of
2003 Wisconsin Act 255, the Department of Commerce has been directed to promulgate rules to administer an early stage business investment program and a technology commercialization grant and loan program. The rules under section
560.205 (3) (d), Stats., relate to angel investment tax credits and early stage seed investment tax credits. The rules under section
560.275 (7) (b), Stats., relate to the technology commercialization grant and loan program.
The proposed rules consist of the creation of chapter Comm 129 to contain the requirements to administer both programs. The following listing highlights the major items contained in the chapter.
•
Creates the process for administration of the Early Stage Business Investment Program.
•
Establishes a process for eligibility and for certifying qualified new business ventures and fund managers.
•
Defines investment eligibility requirements, including “bona fide angel investment".
•
Describes reporting requirements for Commerce and for investors under the program.
•
Creates the process for administration of the Technology Commercialization Grant and Loan Program.
•
Defines eligible businesses.
•
Defines professional services and eligible project costs.
•
Establishes a process for reporting, monitoring and auditing the program.
Federal Comparison
There are no existing or proposed federal regulations that address or impact the activities to be regulated by this rule.
State Comparison
An Internet search found no similar rules in the states of Illinois, Iowa, Michigan and Minnesota.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
Technology businesses with less than 100 employees may apply for these programs.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The rules require semi-annual or annual reporting on the status of the technology-related project.
3. Types of professional skills necessary for compliance with the rules.
The rules require accounting skills necessary for financial management of the project, such as budget management tracking of the funds spent.
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.
