SPS 326.33
SPS 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 History
History: 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 326.34
SPS 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).
SPS 326.34(7)
(7) Notwithstanding any other provision of this chapter, water and sewer service may not be refused or disconnected because of a delinquent account if the manufactured home community occupant or applicant provides a deposit as a condition of future service, as governed by s.
SPS 326.33, or a payment agreement guaranteed by a third party. If the guarantor has agreed to be responsible for payment of all future bills, the manufactured home community occupant shall be notified of the billing arrangement and of the ability to reject the proposed arrangement.
SPS 326.34 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06; correction in (1) (b), (7), (8) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 14-017: am. (1) (a), (2), r. (6), renum. (7), (8) to (6), (7)
Register August 2014 No. 704, eff. 9-1-14.
SPS 326.35(1)(a)
(a) A notice of disconnection may not be issued until at least 20 days after the date of issuance of the bill.
SPS 326.35(1)(b)
(b) Manufactured home community water and sewer service shall not be disconnected or refused because of any disputed matter while the disputed matter is being pursued in accordance with the provisions of s.
SPS 326.38.
SPS 326.35(1)(c)
(c) A manufactured home community operator or manufactured home community contractor shall postpone the disconnection of service, or reconnect the service if disconnected, for up to 21 days on the written recommendation of a licensed physician or notice from a public health, social services, or law enforcement official that identifies the medical or protective services emergency and specifies the period of time for postponement of the disconnection. This postponement is to enable the manufactured home community occupant to arrange for payment.
SPS 326.35(1)(d)
(d) During the period service is continued under the provisions of this subsection, the manufactured home community occupant is responsible for the cost of residential water and sewer service. However, no action to disconnect that service shall be undertaken until expiration of the period of continued service.
SPS 326.35(1)(e)
(e) If there is a dispute concerning an alleged medical emergency, either party may request an informal review by the department. During the informal review, residential water and sewer service shall be continued if the manufactured home community occupant has submitted a statement or notice as set forth in par.
(c).
SPS 326.35(2)(a)(a) A manufactured home community operator or manufactured home community contractor shall not disconnect service unless written notice by first class mail is sent to the manufactured home community occupant or personally served upon the occupant at least 8 calendar days prior to the first date of the proposed disconnection except as provided in s.
SPS 326.34 (2),
(3), and
(4). If the billing address is different from the service address, notice shall be posted at the service address not less than 5 days before disconnection. The notice shall contain the information set forth in s.
SPS 326.36.
SPS 326.35(2)(b)
(b) If disconnection is not accomplished on or before the 15th day after the first notice date, a subsequent notice shall be left on the premises not less than 24 hours nor more than 48 hours prior to the disconnection unless the manufactured home community occupant and the manufactured home community operator or manufactured home community contractor agree to extend the 15-day time period. If disconnection is not accomplished on or before the 30th day after the original eight-day disconnection notice was issued, the manufactured home community operator or manufactured home community contractor shall issue a new eight-day disconnection notice prior to proceeding with the disconnection of water and sewer service.
SPS 326.35(2)(c)
(c) The manufactured home community operator or manufactured home community contractor shall make a reasonable effort to have a personal or telephone contact with the manufactured home community occupant prior to disconnection. If a contact is made, the manufactured home community operator or manufactured home community contractor shall review the reasons for the pending disconnection of service and explain what actions shall be taken by the manufactured home community occupant to avoid disconnection. The manufactured home community operator or manufactured home community contractor shall keep a record of the contacts and contact attempts.
SPS 326.35(2)(d)
(d) If a dispute cannot be resolved, the manufactured home community operator or manufactured home community contractor shall inform the manufactured home community occupant of the right to appeal to the department in accordance with s.
SPS 326.38.
SPS 326.35(3)
(3) Service shall not be disconnected on a day, or on the day immediately preceding a day, when the business offices of the manufactured home community operator or manufactured home community contractor are not available to the manufactured home community occupants for the purpose of transacting all business matters. If the manufactured home community operator or manufactured home community contractor is not available for all business matters, it shall be considered to be available if it provides personnel that are readily available to the manufactured home community occupant 24 hours per day to evaluate, negotiate, or otherwise consider the manufactured home community occupant's objection to the disconnection as provided under s.
SPS 326.38, and proper service personnel are readily available to restore service 24 hours per day.
SPS 326.35 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06; correction in (1) (b), (2) (a), (d), (3) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 326.36(1)(1)
A disconnection notice shall contain all of the following information:
SPS 326.36(1)(a)
(a) The name and address of the manufactured home community occupant and the address of the service, if different.
SPS 326.36(1)(b)
(b) The reason for the proposed disconnection of service and a statement that service will be disconnected if one of the following does not occur:
SPS 326.36(1)(c)
(c) A statement that the manufactured home community occupant shall immediately contact the manufactured home community operator or manufactured home community contractor at the number listed if the manufactured home community occupant disputes the account considered delinquent, if any resident is seriously ill, or if there are other extenuating circumstances.
SPS 326.36 Note
Note: Extenuating circumstances include things such as the presence of occupants who are any of the following: infants or young children, elderly persons, persons with disabilities, or persons who use life support systems or equipment.
SPS 326.36(1)(d)
(d) A statement that residential water and sewer service shall be continued for up to 21 days during serious illness on the written recommendation of a licensed physician.
SPS 326.36(1)(e)
(e) A statement that the manufactured home community occupant may appeal to the department if the grounds for the proposed disconnection or the amount of any charge remains in dispute after the manufactured home community occupant has pursued the available remedies with the manufactured home community operator or manufactured home community contractor.
SPS 326.36(1)(h)
(h) A phone number at which the manufactured home community operator or manufactured home community contractor can be contacted.
SPS 326.36(1)(i)
(i) A statement that the manufactured home community occupant may apply to accept responsibility for future bills and avoid disconnection of service as allowed under s.
SPS 326.34 (7).
SPS 326.36(1)(j)
(j) A statement that disputing any matter does not relieve the manufactured home community occupant of the obligation of paying charges not in dispute, prevent disconnection of water and sewer service for nonpayment of undisputed charges, or prevent the application of a late payment charge to amounts in dispute that are later determined to be correct.
SPS 326.36(2)
(2) If disconnection of service is to be made for default on a payment, the notice shall include an explanation of the acts of the manufactured home community occupant which are considered to constitute default.
SPS 326.36 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06; correction in (1) (i) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 14-017: am. (1) (intro,), r. (1) (b) 2., renum. (1) (b) 3., 4. to (1) (b) 2., 3., am. (1) (c), (i), (2)
Register August 2014 No. 704, eff. 9-1-14.
SPS 326.38(1)(1)
If a manufactured home community occupant disputes a manufactured home community operator or manufactured home community contractor's request for a deposit, or advises the manufactured home community's designated office prior to the disconnection of service that all or any part of any billing as rendered is in dispute, or that any matter related to the disconnection or refusal of service is in dispute, the manufactured home community operator or manufactured home community contractor shall do all of the following:
SPS 326.38(1)(b)
(b) Advise the manufactured home community occupant of the results of the investigation.
SPS 326.38(2)(a)(a) After the manufactured home community occupant has pursued the available remedies with the manufactured home community operator or manufactured home community contractor, the manufactured home community occupant may request that the department informally review the disputed issue and recommend terms of settlement.
SPS 326.38(2)(b)
(b) A request for informal review may be made in any reasonable manner, including written, electronic or telephone request directed to the department. The department may request in writing or by telephone the manufactured home community operator or manufactured home community contractor to provide investigative information regarding the dispute.
SPS 326.38(2)(c)
(c) A manufactured home community operator or manufactured home community contractor shall respond to the department request for an investigation promptly. Based on information provided by the manufactured home community operator or manufactured home community contractor and the manufactured home community occupant, the department shall make an informal determination for settlement of the dispute and communicate that determination to both parties. Either party to the dispute may request and receive the department determination, and the basis for it, in writing. The department shall inform any manufactured home community occupant disputing an informal determination of the right to pursue a formal review.
SPS 326.38(2)(d)
(d) At least 7 business days shall elapse between the date the department telephones or mails notice of terms of settlement and disconnection.
SPS 326.38(3)(a)(a) After informal review, any party to the dispute may make a written request for a formal review by the department. To avoid disconnection pending a formal review, the manufactured home community occupant shall request in writing a formal review by the department within 7 business days of the issuance of the informal determination. All other requests for formal review shall be made within 30 calendar days of the date the department telephones or provides written notice of terms of the settlement after informal review. If a party to a dispute requests written confirmation of the department decision, the 30-day period begins from the date of that mailing.
SPS 326.38(3)(b)
(b) The department shall base its formal determination on the request for formal review and the department's informal dispute file. Within 45 calendar days from the date that a request for formal review is made, the department shall draft a memorandum based on the information it has received from the manufactured home community operator or manufactured home community contractor and the manufactured home community occupant. A copy of the memorandum shall be provided to the parties no less than 15 business days prior to consideration by the department. The department shall inform both parties in writing of the date of consideration. Either party to the dispute may file a response to the department memorandum. A response shall be filed with the department no less than 2 business days prior to the date scheduled for consideration by the department. The department shall inform both parties in writing of its formal review decision.
SPS 326.38(4)
(4) Either party to the dispute may request that the department reconsider its formal determination under this section. A request for reconsideration shall comply with s.
227.49, Stats., and shall be received by the department within 20 days after the date the department mailed the determination. A request for reconsideration shall include any additional information or arguments that the party believes were not considered in the original dispute. The department may review and reaffirm its original decision, issue a new decision, or decide to hold a hearing on the matter for the gathering of additional information.
SPS 326.38(5)(a)(a) If the department decides under sub.
(4) to conduct a hearing, the department may impose conditions on granting the hearing. If either party fails to meet a condition, the department may or may not hold a hearing on the dispute.
SPS 326.38(5)(c)
(c) The hearing shall be held not less than 10 days following mailing of the notice of hearing and a decision shall be rendered within 30 days following the conclusion of the hearing.
SPS 326.38(6)
(6) Manufactured home community water and sewer service shall not be disconnected or refused because of any disputed matter while the disputed matter is being pursued in accordance with the provisions of this section. The manufactured home community operator or manufactured home community contractor shall inform the manufactured home community occupant that pursuing a disputed matter does not relieve the manufactured home community occupant of the obligation of paying charges that are not in dispute, prevent disconnection of water and sewer service for nonpayment of undisputed charges, or prevent the application of a late payment charge to amounts in dispute and later determined to be correct.
SPS 326.38 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06; correction in (1) (c) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672;
CR 14-017: am. (1) (intro.), r. (1) (c)
Register August 2014 No. 704, eff. 9-1-14.
SPS 326.39
SPS 326.39 Complaint procedures. Manufactured home community occupants may complain to the department concerning adequacy of water supply, or the general condition of the manufactured home community's water distribution system, sewer collection system or sewer treatment system.
SPS 326.39 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06.
Part 4 - Customer Meters, Accuracy Requirements
SPS 326.40(1)(1)
All meters used for measuring the quantity of water delivered to a manufactured home community occupant shall be in good working condition. They shall be adequate in size and design for the type of service measured and shall be accurate to the standard specified in s.
PSC 185.65 (2).
SPS 326.40(2)
(2) If water service is supplied by a manufactured home community operator or manufactured home community contractor on a metered basis, service may not be supplied to any manufactured home community occupant from facilities which are downstream from another manufactured home community occupant's meter.
SPS 326.40 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06.
SPS 326.41
SPS 326.41 Meter testing facilities and equipment. Each manufactured home community operator or manufactured home community contractor billing for water and sewer service on a metered basis shall own or provide, through contract or otherwise, adequate equipment and facilities to provide for testing of all of its water meters.
SPS 326.41 History
History: CR 04-135: cr.
Register February 2006 No. 602, eff. 3-1-06.
