Rule-Making Notices (Hearing Notices)

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For example, the current provisions for deferred payment agreements for water and sewer service in a community would be repealed because they are better addressed in lease agreements between landlords and tenants.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 [e-mail], or by calling [phone].

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 [phone]; or by e-mail at [e-mail].

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: [phone]
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.