SPS 326.09(2)(a)(a)
Notification. If upon inspection of a manufactured home community the authorized employee or agent of the department finds that the manufactured home community is not planned, operated or equipped as required by this chapter, the employee or agent shall, except as provided under par.
(b), notify the manufactured home community operator in writing. The notice shall specify the changes required to make the manufactured home community conform to the standards established in this chapter and the time period within which compliance shall take place.
SPS 326.09 Note
Note: Section
101.935 (2) (b), Stats., requires the department to hold a hearing in accordance with ch.
227, Stats., before suspending or revoking a permit for violations of this chapter.
SPS 326.09(2)(b)
(b)
Order to deal with an immediate danger to health. Where there is reasonable cause to believe that any construction, sanitary condition, operation or method of operation of the premises of a manufactured home community, or of equipment used on the premises, creates an immediate danger to health, an authorized designee of the administrator of the department's division of industry services, pursuant to s.
101.935 (2) (e), Stats., may without advance written notice, issue a temporary order to remove the immediate danger to health. The authorized designee may issue a monetary forfeiture to the manufactured home community operator for each day the danger is present after it has been identified. That order shall take effect on the delivery to the operator or other person in charge of the manufactured home community. The order shall be limited to prohibiting the continued operation or method of operation of specific equipment, requiring the premises to cease other operations or methods of operations that create an immediate danger to health, or a combination of these, except that if a more limited order will not remove the immediate danger to health the order may direct that all operations authorized by the permit shall cease. If before scheduled expiration of the temporary order the department determines that an immediate danger to health does in fact exist, the temporary order shall remain in effect. The department shall then schedule and hold a hearing pursuant to ch.
227, Stats., unless the immediate danger to health is removed or the order is not contested and the operator and the department mutually agree that no purpose would be served by a hearing.
SPS 326.09(3)
(3)
Local enforcement. If an agent issues permits directly under this chapter, the agent shall create enforcement and appeal procedures in accordance with ss.
66.0417 and
97.615 (2), Stats., which shall supersede sub.
(2).
SPS 326.09 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06; correction in (2) (b) made under s.
13.92 (4) (b) 6., Stats.,
Register September 2013 No. 693; correction in (3) made under s.
13.92 (4) (b) 7., Stats.,
Register February 2017 No. 734.
SPS 326.10
SPS 326.10 Definitions. In this chapter:
SPS 326.10(1)
(1) “Ability to pay" means a manufactured home community occupant's financial capacity to meet the manufactured home community occupant's water and sewer service financial obligation.
SPS 326.10(2)
(2) “Agent" means a village, city or county designated by the department to issue permits and make inspections of the manufactured home communities.
SPS 326.10(3)
(3) “Basic unit" means a manufactured home without hitch, awnings, cabanas, storage unit, carport, garage, windbreak, non-winterized porch or similar appurtenant structures.
SPS 326.10(4)
(4) “Department" means the department of safety and professional services.
SPS 326.10(5)
(5) “Disconnection" means an event or action taken by the manufactured home community operator or manufactured home community contractor to terminate or discontinue the provision of water and sewer service, but does not include cessation of service at the request of a manufactured home community occupant.
SPS 326.10(6)
(6) “Dispute" means a statement or question by a manufactured home community occupant alleging a wrong, grievance, injury, dissatisfaction, illegal action or procedure, dangerous condition or action committed or created by a manufactured home community operator or manufactured home community contractor.
SPS 326.10(7)
(7) “General service charges" means charges billed to the manufactured home community occupant by the manufactured home community operator or manufactured home community contractor and intended to recover the cost of supplying water and sewer service.
SPS 326.10 Note
Note: The expenses typically recovered by general service charges are operation and maintenance expenses, taxes, depreciation, or debt service. Expenses such as late payment charges, non-sufficient funds check charges, or reconnection charges are not typically recovered through general service charges but are typically separate, additional charges applied to the manufactured home community occupant's account.
SPS 326.10 Note
Note: Under s.
101.91 (2), Stats., “manufactured home" means any of the following:
SPS 326.10 Note
(am) A structure that is designed to be used as a dwelling with or without a permanent foundation and that is certified by the federal department of housing and urban development as complying with the standards established under
42 USC 5401 to
5425.
SPS 326.10 Note
(c) A mobile home, unless a mobile home is specifically excluded under the applicable statute.
SPS 326.10 Note
Note: Under s.
101.91 (5m), Stats., "manufactured home community" means any plot or plots of ground upon which 3 or more manufactured homes that are occupied for dwelling or sleeping purposes are located. “Manufactured home community" does not include a farm where the occupants of the manufactured homes are the father, mother, son, daughter, brother or sister of the farm owner or operator or where the occupants of the manufactured homes work on the farm.
SPS 326.10 Note
Note: Under s.
101.91 (6m), Stats., "manufactured home community contractor" means a person, other than a public utility, as defined in s.
196.01 (5) (a), who, under a contract with a manufactured home community operator, provides water or sewer service to a manufactured home community occupant or performs a service related to providing water or sewer service to a manufactured home community occupant.
SPS 326.10 Note
Note: Under s.
101.91 (7), Stats., "manufactured home community occupant" means a person who rents or owns a manufactured home in a manufactured home community.
SPS 326.10 Note
Note: Under s.
101.91 (8), Stats., "manufactured home community operator" means a person engaged in the business of owning or managing a manufactured home community.
SPS 326.10(13)
(13) “Meter" means an instrument installed to measure the volume or rate, or both, of flow of water delivered through it.
SPS 326.10(14)
(14) “Person" means an individual, firm, trust, partnership, association or corporation.
SPS 326.10(15)
(15) “Protective services emergency" means a threat to the health or safety of a community resident because of the infirmities of aging, other developmental or intellectual disabilities, or the frailties associated with being very young.
SPS 326.10(16)
(16) “Remote outside meter" means an analog device attached to a building or structure that displays the reading of the base meter through electronic pulses sent from the base meter.
SPS 326.10 Note
Note: Remote outside meters are considered part of the manufactured home community operator's or manufactured home community contractor's metering configuration.
SPS 326.10(17)
(17) “Site" means a plot of ground within a manufactured home community designed for placement of one manufactured home.
SPS 326.10(18)
(18) “Small manufactured home community" means a manufactured home community containing fewer than 6 individual sites that are rented or offered for rent for the accommodation of a manufactured home.
SPS 326.10(19)
(19) “Street" means the paved or surfaced portion of the roadway between curb faces.
SPS 326.10 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06; correction in (5) made under s.
13.92 (4) (b) 6., Stats.,
Register December 2011 No. 672;
CR 14-017: r. (4), renum. (5) to (20) to (4) to (19)
Register August 2014 No. 704, eff. 9-1-14;
2019 Wis. Act 1: am. (15) Register May 2019 No. 761, eff. 6-1-19.
SPS 326.11(1)(1)
Every manufactured home community and manufactured home within the community shall be located on a well-drained area and shall be properly graded to prevent the accumulation of stormwater or other waters.
SPS 326.11(2)
(2) A manufactured home shall be located on soil that provides sufficient soil bearing capacity to support the manufactured home.
SPS 326.11 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06.
SPS 326.12(1)(a)(a) Each site shall be clearly delineated on plans submitted to the department or its agent for approval.
SPS 326.12(1)(b)
(b) Each basic unit shall be located on a site so that there is at least a 10-foot clearance between basic units. The clearance requirements shall be exclusive of a parking area.
SPS 326.12(1)(c)
(c) No basic unit may be located closer than 10 feet to any of the following:
SPS 326.12(1)(c)1.
1. Any building such as a pump house, the office building for the community, a laundry building or a recreational building, except a garage or accessory structure belonging to the site or manufactured home community occupant.
SPS 326.12 Note
Note: See chs.
SPS 320 to
325 for additions and alterations to manufactured homes.
SPS 326.12(2)
(2)
Parking. Parking spaces in a ratio of one and one half for each site shall be provided and maintained in good condition.
SPS 326.12(3)(a)(a) Streets shall conform to the minimum widths specified in Table 326.12.
Table 326.12
SPS 326.12(3)(b)
(b) Where parking on the street is prohibited, “no parking" signs shall be provided.
SPS 326.12(3)(c)
(c) Streets shall be graveled or paved, maintained in good condition, have natural drainage, and be able to support the imposed loads for occasional use of fire apparatus as determined in consultation with the local fire department.
SPS 326.12(4)(a)
(a) Except as provided in par.
(b), manufactured home communities or a section of a manufactured home community that were in existence prior to 1962 need not comply with subs.
(1) to
(3) unless the department determines that non-compliance endangers the health or safety of community occupants.
SPS 326.12(4)(b)
(b) Any manufactured home community expansion shall comply with subs.
(1) to
(3) and other applicable parts of this chapter.
SPS 326.12(4)(c)
(c) Any modification of a manufactured home community that existed prior to 1962 relating to the size of the basic units, the separation between basic units or the placement of basic units on a lot in relationship to streets and other buildings shall be permitted by the department unless the department determines that the modification endangers the health or safety of community occupants. Any modification of a manufactured home community which did not exist prior to 1962 shall comply with subs.
(1) to
(3) and other applicable parts of this chapter.
SPS 326.12(4)(d)
(d) Manufactured home communities or a section of a manufactured home community that were constructed between 1962 and March 1, 2006 shall comply with the following requirements for the width of 2-way streets within the community: At least 32 feet if parking is permitted on both sides of the street, 24 feet if parking is permitted on one side of the street and 18 feet if parking on the street is prohibited.
SPS 326.12 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06; correction in (3) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 14-017: am. (1) (c) (intro.), 1., 2.
Register August 2014 No. 704, eff. 9-1-14.
SPS 326.13
SPS 326.13 Fire hydrants. For manufactured home communities and community expansions constructed after March 1, 2006, fire hydrants shall be provided in accordance with ch.
NR 811 when the required water supply is available.
SPS 326.13 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06.
SPS 326.14
SPS 326.14 Plumbing systems. Water and sewer systems owned by a manufactured home community operator or manufactured home community contractor shall be constructed and maintained in compliance with chs.
SPS 381 to
387.
SPS 326.14 Note
Note: The connection and use of a public water or sewer system is regulated under s.
281.45, Stats.
SPS 326.14 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 326.15
SPS 326.15 Adequacy of water supply. Each manufactured home community operator or manufactured home community contractor shall furnish a continuous and adequate supply of potable water to its manufactured home community occupants.
SPS 326.15 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06.
SPS 326.16(1)(1)
Manufactured home community electrical connections shall meet the requirements set forth in ch.
SPS 316.
SPS 326.16(2)
(2) A manufactured home community operator may request an electric utility provider to disconnect the electrical service to a site where an electrical overload or other dangerous condition exists in nonconformance with ch.
SPS 316.
SPS 326.16(3)
(3) An authorized employee or agent of the department may order a manufactured home community operator to make the request specified in sub.
(2).
SPS 326.16 Note
Note: Chapter
SPS 316 adopts the National Electrical Code (NEC). See Article 550 Part III of the NEC for information relating to electrical connections for manufactured homes. See Article 240 for overcurrent protection.
SPS 326.16 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06; correction made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 14-017: renum. section 326.16 to (1), cr. (2), (3)
Register August 2014 No. 704, eff. 9-1-14.
SPS 326.17(1)(1)
All garbage not disposed of through a garbage disposal unit connected with the sewage system shall be kept in separate, leak proof, non-absorbent containers equipped with tight-fitting covers unless otherwise protected from flies and insects, and the contents shall be disposed of as often as necessary to prevent decomposition or overflow.
SPS 326.17(2)
(2) Garbage and rubbish containers shall be maintained in a clean and sanitary condition. The use of wooden or paper containers for storing garbage and rubbish is prohibited.
SPS 326.17 Note
Note: Local ordinances may require the separation of garbage and recyclable materials.
SPS 326.17(3)
(3) This section does not prohibit the use of dumpsters in a manufactured home community.
SPS 326.17 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06.
SPS 326.18(1)(1)
Availability. The manufactured home community operator or a designee in charge of the manufactured home community in the absence of the operator shall, during reasonable hours, be available in the community, in close proximity to the community or via electronic means.
SPS 326.18(2)
(2)
Registration of owners. The manufactured home community operator shall keep a register of all owners and occupants of manufactured homes located in the manufactured home community, and shall permit the department or its agent to inspect the register at all reasonable times and upon reasonable notice. The register may be kept in an electronic form. If the register is being stored at a location different than the licensed address, the operator shall disclose the storage location to the department upon request.
SPS 326.18(3)
(3)
Maintenance. The manufactured home community operator shall maintain the manufactured home community in a clean, safe, orderly and sanitary condition at all times.
SPS 326.18 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06.
SPS 326.19
SPS 326.19 Duties of occupants. All owners and other occupants of manufactured homes in a manufactured home community shall do all of the following:
