• Iowa has state regulations applying to the installation of manufactured homes and the licensure of home installers, administered by the Department of Public Safety. The state installation regulations consist of standards for piers and tie downs, and require installations to be performed by a certified manufactured home installer. Installer certification consists of submitting an application describing the applicant's training and experience related to manufactured home installation. Inspections of home installations are made upon request of the home owner.
• Michigan has state regulations applying to the installation of manufactured homes and the licensing of home installers, administered by the Department of Consumer and Industry Services. The regulations require installation in accordance with the manufacturer's installation instructions. Applicants for the installer license must complete a department-approved installation instruction program. Field inspections of manufactured home communities are performed by the department.
• Minnesota has state regulations applying to the installation of manufactured homes and the licensure of manufactured home installers, administered by the Department of Administration. The regulations require installation in accordance with the manufacturer's installation instructions and specified support and stabilizing requirements. Passage of an examination is required for the installer license. Inspections of home installations are made upon request of the home owner.
Summary of Factual Data and Analytical Methodologies.
In developing the proposed rules the Department reviewed the federal regulations under the Manufactured Housing Improvement Act of 2000 relating to Model Manufactured Home Installation Standards.
The Department also utilizes advisory councils in analyzing and developing proposed revisions for manufactured homes. The councils involved in the review of the proposed rules were the Manufactured Homes, and Home Parks Advisory Council, the Manufactured Housing Council, and the Uniform Dwelling Code Council. These councils involve a variety of organizations whose memberships include many types of small businesses. The Department utilizes these councils to gather information on potential impacts in complying with the both the technical and administrative requirements of the codes. A responsibility of council members is to bring forth concerns their respective organizations may have with the requirements, including concerns regarding economic impacts. (Copies of the council meetings summaries are on file in the Safety and Building Division.)
An economic impact report has not been required pursuant to s.
227.137, Stats.
Analysis and Supporting Documents Used to Determine Effect on Small Business or in Preparation of Economic Impact Report. The proposed rules reflect the mandates of
2005 Wisconsin Act 45 which was proposed and supported by the Wisconsin Housing Alliance. Members of this group include manufactured home installers, dealers, manufacturers and manufactured home community owners. Act 45 was the result of a federal HUD initiative under
24 CFR Part 3285.
The requirements relating to the installation of manufactured homes impact businesses of all sizes. The rules impact a variety of businesses, including small businesses, particularly those businesses that produce, sell, install or inspect manufactured homes.
The potential compliance effects of the rules occur on two basic levels, administrative and technical. Pursuant to federal law and
2005 Wisconsin Act 45, beginning on January 1, 2007 the installation of manufactured homes must occur under the supervision of licensed installers. The Department believes that the number of manufactured home installer businesses to be less than 50 based upon an estimate from the Wisconsin Housing Alliance. The renewal of an installer's license will be contingent upon fulfilling continuing education obligations.
The installation of a manufactured home under the UDC program will necessitate acquiring a permit and inspections. In those portions of the state where administration and enforcement of the program is by the Department through contracts with independent inspection agencies, the Department anticipates the permit and inspection fees to be approximately $350 per installation. The application for the permit may be made by the home owner or their designated agent which could be the installer, manufacturer, the dealer or some one else.
The code establishes technical standards that are to be adhered to when installing manufactured homes.
The Department believes that the proposed rules would have a minimal additional impact on small business based upon a determination from HUD which indicated that the costs and cost impacts do not represent a significant economic effect on either an industry wide or per-home basis. (Federal Register/Vol. 70, No. 79/ Tuesday, April 26, 2005 p. 21516)
Advisory Council
The proposed rules have been developed with the assistance of the following Advisory Councils:
Manufactured Homes and
Home Parks Advisory Council
Name Representing
Phil Blazkowski Inspector
Brian Brown Sewer/Water Service Provider
Gregg Cleveland Fire Chief
Joseph Dentice, Jr. Community Operator
Mark Flood Community Owner
John Geise Manufacturer
Pete Halverson Manufactured Home Dealer/
Salesperson
Ron Middleton Community Owner
Al Rhinerson Installer
Tom Schrader Public
Kristen Zehner Manufactured Home Owner
Manufactured Housing Code Council
Name Representing
Steve Andreske Manufacturer
Dan Curran Inspector
John Geise Manufacturer
Bart Huntington Manufactured Home Dealer
Ross Kinzler Manufactured Housing Industry
Association
Bob Kluwin Manufactured Housing Industry
Supplier
Harry Kreuser Labor
Ron Middleton Manufactured Home Community
Owners
Jim Reitzner Manufactured Home Community
Owners
Al Rhinerson Manufactured Home Installers
Al Schwoerer Manufactured Home Installers
Mark Theide Manufactured Home Dealers
Kristen Zehner Public
Uniform Dwelling Code Council
Name Representing
Allan Bachmann Remodeling Contractor
Jeffrey Bechard Labor
Ken Dentice Building Inspector
David Dolan-Wallace Architect
Dan Gorski Contractor
Robert Jakel Public
Steve Levine Public
Daniel Nowak Building Inspector
Frank Opatik Housing Manufacturer
Tom Palecek Housing Manufacturer
William Roehr Labor
Gary Ruhl Labor
Mary Schroeder Contractor
Kathleen Stadtherr Building Inspector
William Turner Supplier
John Vande Castle Supplier
Mike Wallace Building Inspector
Paul Welnak Labor
Copies of Rule
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
roberta.ward@wisconsin.gov, or at telephone (608) 266-8741 or (608) 264-8777 (TTY). Copies will also be available at the public hearing.
Environmental Assessment
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.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
The requirements relating to the installation of manufactured homes impact businesses of all sizes. The rules impact a variety of businesses, including small businesses, particularly those businesses that produce, sell, install or inspect manufactured homes.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
The installation of a manufactured home under the UDC program will necessitate acquiring a permit and inspections. In those portions of the state where administration and enforcement of the program is by the Department through contracts with independent inspection agencies, the Department anticipates the permit and inspection fees to be approximately $350 per installation. The application for the permit may be made by the home owner or their designated agent which could be the installer, manufacturer, the dealer or some one else.
3. Types of professional skills necessary for compliance with the rules.
Pursuant to federal law and
2005 Wisconsin Act 45, beginning on January 1, 2007 the installation of manufactured homes must occur under the supervision of licensed installers. The renewal of an installer's license will be contingent upon fulfilling continuing education obligations. The code establishes technical standards that are to be adhered to when installing manufactured homes.
4. Rules have a significant economic impact on small businesses.
Rules were not submitted to Small Business Regulatory Review Board.
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
carol.dunn@wisconsin.gov.
Fiscal Estimate
The proposed rules establish licensure for installers of manufactured homes and standards for the installation and the installation inspection of manufactured homes. The Department estimates that the number of manufactured home installers to be less than 50. The Department proposes a license fee of $100 with the term of the license lasting 4 years. This would generate an increase of $5,000 in revenues over a 4-year period. The Department would be absorbed within current resources.
The installation and the inspection of the installation of manufactured homes is to be placed under the administration and enforcement of the Uniform Dwelling Code, UDC, chapters Comm 20-25. The Department estimates that there will 3,000 installations annually. The Department would collect an estimated $75,000 annually in seal fee revenue under the UDC program. The consultant and processing workload associated with the manufactured home installation facet of the program would be absorbed by current staff.
Administration and enforcement of the UDC Code typically is handled at the local municipal level with municipal costs offset by permit and/or inspection fees established by each municipality.
The installation of a manufactured home under the UDC program will necessitate acquiring a permit and inspections. In those portions of the state where administration and enforcement of the program is by the Department through contracts with independent inspection agencies, the Department anticipates the permit and inspection fees to be approximately $350 per installation.
The proposed rules and the enabling legislation,
2005 Wisconsin Act 45, are the result of a federal HUD initiative under
24 CFR Part 3285. HUD has indicated that the “costs and cost impacts do not represent a significant economic effect on either an industry wide or per-home basis." (Federal Register/Vol. 70, No. 79/ Tuesday, April 26, 2005 p. 21516)
No long-range fiscal implications are anticipated.
Notice of Hearings
Corrections
NOTICE IS HEREBY GIVEN that pursuant to sections
227.11 (2) and
301.45 (10), Stats., and interpreting ss.
301.45 (10), Stats., the department of corrections will hold public hearings to consider:
Emergency rule DOC 332.19, relating to the establishment of a sex offender registration fee to partially offset the costs of monitoring persons on probation, parole, or extended supervision; and