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 HistoryHistory: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06. SPS 326.19SPS 326.19 Duties of occupants. All owners and other occupants of manufactured homes in a manufactured home community shall do all of the following: SPS 326.19(1)(1) Register with the manufactured home community operator. SPS 326.19(2)(2) Maintain their site in a clean, orderly and sanitary condition at all times. SPS 326.19 HistoryHistory: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06; CR 14-017: am. (intro.), (1) Register August 2014 No. 704, eff. 9-1-14. SPS 326.20SPS 326.20 Other municipal fees. A manufactured home community contractor or a manufactured home community operator may pass along to a homeowner a municipal charge imposed on the community or its occupants on a schedule to meet the obligations imposed by the municipality or municipal utility notwithstanding the terms of the lease. SPS 326.20 HistoryHistory: CR 14-017: cr. Register August 2014 No. 704, eff. 9-1-14. Part 1 - General
SPS 326.25SPS 326.25 General requirement. A manufactured home community contractor and a manufactured home community operator that provides water service or sewer service, or both, to the occupants of their manufactured home community shall furnish reasonably adequate service and facilities as required by this subchapter. SPS 326.25 HistoryHistory: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06. SPS 326.26SPS 326.26 Uniform billing rate. No manufactured home community operator or manufactured home community contractor may provide water and sewer service to a manufactured home community occupant at a billing rate different from that provided to all other occupants of their manufactured home community. SPS 326.26 HistoryHistory: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06. Part 2 - Records and Available Information
SPS 326.27SPS 326.27 Records of service interruptions. Each manufactured home community operator or manufactured home community contractor shall maintain a record of each interruption of service that results from a failure or disruption of the manufactured home community water supply or sewer collection system lasting more than one hour or affecting more than 25% of the manufactured home community occupants upon reporting of such an outage by a manufactured home community occupant. The manufactured home community operator’s or manufactured home community contractor’s records shall show the date and time the service interruption began, the duration, the cause, and the approximate number of manufactured home community occupants affected. Records must be maintained for 3 years following the date of occurrence. SPS 326.27 NoteNote: See also s. SPS 326.48 for further information. SPS 326.27 HistoryHistory: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06. SPS 326.28SPS 326.28 Information available and required to be provided to customers. Each manufactured home community operator or manufactured home community contractor shall have available and provide, to all new manufactured home community occupants and to any manufactured home community occupant making a request, a written notice that includes a summary of the rules set forth in this chapter pertaining to deposits, payment options, disconnection, and dispute procedures. The notice shall contain a reply procedure to allow manufactured home community occupants an opportunity to advise the manufactured home community operator or manufactured home community contractor of any special circumstances, such as the presence of infants or elderly persons or the use of human life-sustaining equipment, and to advise the manufactured home community operator or manufactured home community contractor to contact a specific third-party agency or individual prior to any disconnection action being taken. Each manufactured home community operator or manufactured home community contractor shall also provide annually, and any time rates are increased, written information regarding the rates charged to manufactured home community occupants for the provision of water and sewer service. The information provided shall include a description of how rates are determined, the rate charged the manufactured home community operator or manufactured home community contractor by its water or sewer service provider, and the department’s telephone number. Part 3 - Rates, Service and Billing
SPS 326.29SPS 326.29 Application. The provisions of Part 3 are not applicable to manufactured home community operators or manufactured home community contractors who include the costs associated with water and sewer service in their rental fees. SPS 326.29 HistoryHistory: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06. SPS 326.30SPS 326.30 Reasonableness of water and sewer rates. A manufactured home community operator or manufactured home community contractor may establish general service charges for water and sewer service in one of the following ways: SPS 326.30(1)(a)(a) If a manufactured home community operator or manufactured home community contractor purchases water and sewer service and resells the service to the manufactured home community occupants where the service is not metered, the maximum allowable water and sewer bill to each manufactured home community occupant may not exceed the lesser of the manufactured home community’s water and sewer bill, plus 30%, divided by the number of occupied lots within the community, or the retail rates of the local municipality’s water and sewer operation applied to the average user. The bill to each manufactured home community occupant shall be based on the previous billing cycle of the service provider. The average user is one whose consumption is equal to the volume of water billed to the manufactured home community operator or manufactured home community contractor, divided by the number of occupied lots or occupants within the manufactured home community. The allowable bill also includes the combination of all other charges to a typical residential customer, including such items as meter and storm water charges. SPS 326.30 NoteNote: The 30% additional charge is intended to recover the operational, maintenance, and capital costs associated with the facilities within the manufactured home community.
SPS 326.30(1)(b)(b) If a manufactured home community operator or manufactured home community contractor purchases water and sewer service and resells the service to the manufactured home community occupants where the service is metered, the maximum allowable water and sewer billing rate to each manufactured home community occupant may not exceed the local residential meter rate based on volume plus the combination of all other charges to a typical residential customer, including such items as meter and storm water charges. SPS 326.30(2)(2) If a manufactured home community operator or manufactured home community contractor owns the water supply facilities or the sewerage treatment facilities that serve the manufactured home community, the water charge to a manufactured home community occupant may not exceed the average amount charged for a similar level of water utility service furnished by Wisconsin Class D water public utilities. The charge for sewer service may not exceed 2.5 times the charge for Wisconsin Class D water service. SPS 326.30 NoteNote: Information relative to the rates of Wisconsin Class D water public utilities is available from the Wisconsin Public Service Commission Web site at psc.wi.gov. See Bulletin 25.
SPS 326.30(3)(a)(a) A manufactured home community operator or manufactured home community contractor may establish water and sewer rates in excess of those set forth in sub. (1) or (2) if the manufactured home community operator or manufactured home community contractor can provide written documentation to the department that demonstrates that higher charges are necessary to meet the reasonable costs associated with all or part of the requirements for the construction, reconstruction, improvement, extension, operation, maintenance, repair, or depreciation of the water and sewer system and for the payment of all or part of the principal and interest of any indebtedness associated with providing water and sewer service at a reasonable cost. SPS 326.30(3)(b)(b) A manufactured home community operator or manufactured home community contractor shall provide a written explanation of rates upon request of a manufactured home community occupant, and at any time rates are increased. SPS 326.30 HistoryHistory: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06; CR 14-017: am. (1) (a), (b) Register August 2014 No. 704, eff. 9-1-14. SPS 326.31SPS 326.31 Billing methods. Sewer or water bills for manufactured home community occupants shall be based on one of the following methods: SPS 326.31 NoteNote: See s. SPS 383.43 for information regarding estimating wastewater flow. SPS 326.31(4)(4) Any other method that can be shown to reasonably allocate costs among manufactured home community occupants. SPS 326.31 HistoryHistory: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06. SPS 326.32(1)(1) If payments for water and sewer service are paid separately from rent, a bill for water and sewer service shall be issued at least quarterly by the manufactured home community operator or manufactured home community contractor. The bill shall include all of the following on the manufactured home community occupant’s receipt: SPS 326.32(1)(b)(b) The present and last preceding meter readings if service is metered. SPS 326.32(1)(c)(c) The present and last preceding meter reading dates if service is metered. SPS 326.32(1)(e)(e) Clear itemization of the amounts included in the bill for the present billing period and any unpaid balance from previous billing periods, including any late payment charges. SPS 326.32(2)(2) Estimated bills shall be distinctly marked as such, if service is on a metered basis. SPS 326.32(3)(3) Except as provided in sub. (4), if payments for water and sewer service are paid separately from rent, a partial payment received for water and sewer service shall be applied, in descending order until fully paid, to each of the following types of charges on the manufactured home community occupant’s account: SPS 326.32(4)(4) Upon a manufactured home community occupant’s request, or at the discretion of the manufactured home community operator or manufactured home community contractor, partial payments may be allocated differently than set forth under sub. (3) if the allocation does not result in a disconnection of service or the imposition of a late payment penalty that would not have occurred under the allocation methodology set forth under sub. (3). SPS 326.32(5)(5) The manufactured home community operator or manufactured home community contractor may apply late payment charges to any portion of a manufactured home community occupant’s water and sewer service bill that is not paid in full within 20 days following issuance of the bill. The late payment charge each month shall not exceed one percent of the total unpaid balance per month. SPS 326.32(6)(a)(a) If a manufactured home community operator or manufactured home community contractor applies a late payment charge, the late payment charge shall apply only to that portion of the bill not paid within 20 days following issuance of the bill. SPS 326.32(6)(b)(b) If a customer disputes a bill for utility service and does not pay the disputed bill in full within 20 days following issuance of the bill, the late payment charge shall be applied only to that portion of the disputed bill later found to be correct and payable to the manufactured home community operator or manufactured home community contractor. SPS 326.32 HistoryHistory: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06; correction in (7) (b), (8) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; CR 14-017: r. (3) (b), renum. (3) (c) to (e) to (3) (b) to (d), r. (7), (8) Register August 2014 No. 704, eff. 9-1-14. SPS 326.33SPS 326.33 Deposits for water and sewer service. SPS 326.33(1)(1) A manufactured home community operator or manufactured home community contractor may require a deposit as a condition of new or continued water and sewer service. The amount of the required deposit may not exceed $75. SPS 326.33(2)(2) The manufactured home community operator or manufactured home community contractor shall refund the water and sewer deposit of a manufactured home community occupant within the same period as for the rental agreement security deposit. SPS 326.33(3)(a)(a) Any arrearage owed by a manufactured home community occupant for water and sewer service may be deducted from the manufactured home community occupant’s water and sewer deposit. SPS 326.33(3)(b)(b) If the manufactured home community operator or manufactured home community contractor deducts a water and sewer arrearage from a manufactured home community occupant’s deposit, it may require the manufactured home community occupant to bring the water and sewer deposit up to its original amount. SPS 326.33 HistoryHistory: CR 04-135: cr. Register February 2006 No. 602, eff. 3-1-06; CR 14-017: renum. (1) (a) to (1) and am., r. (1) (b) Register August 2014 No. 704, eff. 9-1-14. SPS 326.34SPS 326.34 Reasons for disconnection and refusal of service. SPS 326.34(1)(1) Water and sewer service may be disconnected or refused for any of the following actions on the part of a manufactured home community occupant: SPS 326.34(1)(d)(d) Refusal or failure to permit authorized manufactured home community operator or manufactured home community contractor personnel access to the base meter or remote register. SPS 326.34(1)(e)(e) Use of service in a manner that interferes with the service of others or the operation of nonstandard equipment, if the manufactured home community occupant has first been notified and provided with reasonable opportunity to remedy the situation. SPS 326.34(1)(f)(f) Failure to comply with Wisconsin statutes, department rules, or department orders pertaining to water and sewer service. SPS 326.34(1)(g)(g) Failure to pay costs or fees incurred by and awarded to the manufactured home community operator or manufactured home community contractor by a court of law for pursuit of collection of water and sewer bills, or failure to pay collection charges associated with water and sewer service. SPS 326.34(1)(h)(h) Use of a device that unreasonably interferes with communications or signal services used for reading meters. SPS 326.34(1)(i)(i) Failure to bring a deposit up to its original amount within 20 days of the written request to do so if all or a portion of the deposit has been used to pay a water and sewer arrearage. SPS 326.34(2)(2) A manufactured home community operator or manufactured home community contractor may disconnect water and sewer service without prior notice where a dangerous condition exists for as long as the condition exists. Upon disconnection, the manufactured home community operator or manufactured home community contractor shall provide the manufactured home community occupant with a written explanation of the dangerous condition. SPS 326.34(3)(3) Service may be discontinued with a written 24-hour notice for nonpayment of a bill covering surreptitious use of water and sewer. SPS 326.34(4)(4) A manufactured home community operator or manufactured home community contractor may disconnect water and sewer service without notice where it has reasonable evidence that water and sewer service is being obtained by potentially unsafe devices or potentially unsafe methods that stop or interfere with the proper metering of the water and sewer service. SPS 326.34(5)(5) Water and sewer service may not be disconnected or refused for any of the following reasons: SPS 326.34(5)(a)(a) Failure to pay the account of another manufactured home community occupant as guarantor of that account. SPS 326.34(5)(b)(b) Failure to pay charges arising from any underbilling occurring more than one year prior to the current billing. SPS 326.34(5)(c)(c) For the purpose of eviction of a manufactured home community occupant. SPS 326.34(5)(d)(d) If a heat advisory or warning has been declared by the national weather service for a geographic area that includes the manufactured home community. SPS 326.34(6)(6) Notwithstanding any other provision of this section, upon due notice to a manufactured home community operator or manufactured home community contractor, the operator or contractor may not disconnect service or refuse to reconnect service to a manufactured home community occupant if disconnection will aggravate an existing medical or protective services emergency of the manufactured home community occupant, a member of the manufactured home community occupant’s family, or other permanent resident of the premises where service is rendered and if the manufactured home community occupant conforms to the procedures described in s. SPS 326.35 (1) (c).
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