101.935(1)
(1) The department shall license and regulate manufactured home parks. The department may investigate manufactured home parks and, with notice, may enter and inspect private property.
101.935(2)(a)(a) The department or a village, city or county granted agent status under
par. (e) shall issue permits to and regulate manufactured home parks. No person, state or local government who has not been issued a permit under this subsection may conduct, maintain, manage or operate a manufactured home park.
101.935(2)(b)
(b) The department may, after a hearing under
ch. 227, refuse to issue a permit or suspend or revoke a permit for violation of this section or any regulation or order that the department issues to implement this section.
101.935(2)(c)1.1. Permits issued under this subsection are valid for a 2-year period that begins on July 1 of each even-numbered year and that expires on June 30 of the next even-numbered year. If a person applies for a permit after the beginning of a permit period, the permit is valid until the end of the permit period.
101.935(2)(c)2.
2. The department shall establish by rule the permit fee and renewal fee for a permit issued under this subsection. Beginning in fiscal year 2002-03, the department may increase the fees to recover the cost of administering
s. 101.937. An additional penalty fee, as established by the department by rule, is required for each permit if the biennial renewal fee is not paid before the permit expires.
101.935(2)(d)
(d) A permit may not be issued under this subsection until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the permit applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees to the department, late fees and processing charges that are specified by rules promulgated by the department. If the permit applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the permit is void. In an appeal concerning voiding of a permit under this paragraph, the burden is on the permit applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the manufactured home park in question is considered to be operation without a permit.
101.935(2)(e)
(e) Section 254.69 (2), as it applies to an agent for the department of health and family services in the administration of
s. 254.47, applies to an agent for the department of commerce in the administration of this section.
101.935(2m)(a)(a) The department shall inspect a manufactured home park in the following situations:
101.935(2m)(a)1.
1. Upon completion of the construction of a manufactured home park.
101.935(2m)(a)2.
2. Whenever a manufactured home park is modified, as defined by the department by rule.
101.935(2m)(a)3.
3. Whenever the department receives a complaint about a manufactured home park
101.935(2m)(b)
(b) The department may, with notice, inspect a manufactured home park whenever the department determines an inspection is appropriate.
101.935(3)
(3) The department may promulgate rules and issue orders to administer and enforce this section.
101.935 Cross-reference
Cross Reference: See also ch.
Comm 95, Wis. adm. code.
101.937
101.937
Water and sewer service to manufactured home parks. 101.937(1)(1)
Rules. The department shall promulgate rules that establish standards for providing water or sewer service by a manufactured home park operator or manufactured home park contractor to a manufactured home park occupant, including requirements for metering, billing, depositing, arranging deferred payment, installing service, refusing or discontinuing service, and resolving disputes with respect to service. Rules promulgated under this subsection shall ensure that any charge for water or sewer service is reasonable and not unjustly discriminatory, that the water or sewer service is reasonably adequate, and that any practice relating to providing the service is just and reasonable.
101.937(2)
(2) Permanent improvements. A manufactured home park operator may make a reasonable recovery of capital costs for permanent improvements related to the provision of water or sewer service to manufactured home park occupants through ongoing rates for water or sewer service.
101.937(3)(a)(a) On its own motion or upon a complaint filed by a manufactured home park occupant, the department may issue an order or commence a civil action against a manufactured home park operator or manufactured home park contractor to enforce this section, any rule promulgated under
sub. (1), or any order issued under this paragraph.
101.937(3)(b)
(b) The department of justice, after consulting with the department, or any district attorney may commence an action in circuit court to enforce this section.
101.937(4)
(4) Private cause of action. Any person suffering pecuniary loss because of a violation of any rule promulgated under
sub. (1) or order issued under
sub. (3) (a) may sue for damages and shall recover twice the amount of any pecuniary loss, together with costs, and, notwithstanding
s. 814.04 (1), reasonable attorney fees.
101.937(5)(a)(a) Any person who violates any rule promulgated under
sub. (1) or any order issued under
sub. (3) (a) shall forfeit not less than $25 nor more than $5,000. Each violation and each day of violation constitutes a separate offense.
101.937(5)(b)
(b) Any person who intentionally violates any rule promulgated under
sub. (1) or order issued under
sub. (3) (a) shall be fined not less than $25 nor more than $5,000 or imprisoned not more than one year in the county jail or both. Each violation and each day of violation constitutes a separate offense.
101.937 History
History: 2001 a. 16 ss.
2541,
3003 to
3007.
101.94
101.94
Manufactured home and mobile home manufacturers, distributors and dealers: design and construction of manufactured homes and mobile homes. 101.94(1)(1) Mobile homes manufactured, distributed, sold or offered for sale in this state shall conform to the code promulgated by the American national standards institute and identified as ANSI 119.1, including all revisions thereof in effect on August 28, 1973, and further revisions adopted by the department and the department of health and family services. The department may establish standards in addition to those required under ANSI 119.1. This subsection applies to units manufactured or assembled after January 1, 1974, and prior to June 15, 1976.
101.94(2)
(2) No person may manufacture, assemble, distribute or sell a manufactured home unless the manufactured home complies with
42 USC 5401 to
5425 and applicable regulations as in effect on June 15, 1976. The department may establish, by rule, standards for the safe and sanitary design and construction of manufactured homes for the purpose of enforcement of this subchapter, and those standards may include standards in addition to any standards established by the secretary of housing and urban development under
42 USC 5401 to
5425.
101.94(3)
(3) Each manufactured home manufacturer shall submit to the department typical construction plans and specifications for review. The department shall, by its own inspectors whether inside or outside this state, perform sufficient inspections of manufacturing premises and manufactured units to ensure compliance with this section. The department may contract for inspection services, as provided in
sub. (4), for inspections outside this state. Each manufactured home, upon final assembly, shall display a label which shall be prescribed by and be available only from the department, or similar agency of other states where units are manufactured, providing reciprocal agreements have been executed and are effective between this state and such other states indicating that the manufactured home meets the requirements of this subchapter or the applicable laws of the state with which a reciprocal agreement has been executed. No manufactured home which bears such label shall be required by any person to comply with any building, plumbing, heating or electrical code or any construction standards other than those promulgated under this section.
101.94(4)
(4) The department shall inspect manufactured homes manufactured in other states to be sold or intended to be sold in this state. For such out-of-state inspections, the department may contract for 3rd party inspection by an inspection agency which has been approved by the department. The department shall monitor inspections conducted by 3rd party inspection agencies to ensure the quality of those inspections. To obtain departmental approval, the inspection agency shall submit an application to the department accompanied by written materials evidencing that the agency is:
101.94(4)(a)
(a) Not under the jurisdiction or control of any manufacturer or supplier of the manufactured home industry.
101.94(4)(b)
(b) Professionally competent to determine that a manufactured home is in compliance with the requirements and standards of this section by having sufficient expertise to do all of the following:
101.94(4)(b)3.
3. Evaluate manufactured home manufacturer quality control procedures.
101.94(4)(b)4.
4. Submit detailed reports regarding all of its findings to the department.
101.94(5)
(5) No manufactured home after once being approved to display the label prescribed shall be altered in any way by a manufacturer, factory branch, distributor, distributor branch, dealer or salesperson without first obtaining an approval from the department or its authorized agent.
101.94(6)
(6) Fees for review of plans, construction inspections, department labels and licensing of manufacturers shall be established by department rule under
s. 101.19.
101.94(7)
(7) The department shall hear and decide petitions brought under this subchapter in the manner provided under
s. 101.02 (6) (e) to
(i) and
(8) for petitions concerning property.
101.94(8)(a)(a) Except as provided in
par. (c), a person who violates this subchapter, a rule promulgated under this subchapter or an order issued under this subchapter shall forfeit not more than $1,000 for each violation. Each violation of this subchapter constitutes a separate violation with respect to each manufactured home or with respect to each failure or refusal to allow or perform an act required by this subchapter, except the maximum forfeiture under this subsection may not exceed $1,000,000 for a related series of violations occurring within one year of the first violation.
101.94(8)(b)
(b) Any individual or a director, officer or agent of a corporation who knowingly and willfully violates this subchapter in a manner which threatens the health or safety of a purchaser may be fined not more than $10,000 or imprisoned for not more than 9 months or both.
101.94(8)(c)
(c) A person who violates
s. 101.935, a rule promulgated under
s. 101.935 or an order issued under
s. 101.935 may be required to forfeit not less than $10 nor more than $250 for each violation. Each day of continued violation constitutes a separate violation.
101.95
101.95
Manufactured home manufacturers regulated. The department shall by rule prescribe the manner by which a manufacturer shall be licensed for the manufacture, distribution or selling of manufactured homes in this state.
101.951
101.951
Manufactured home dealers regulated. 101.951(1)
(1) No person may engage in the business of selling manufactured homes to a consumer or to the retail market in this state unless first licensed to do so by the department as provided in this section.
101.951(2)(a)(a) Application for a license or a renewal license shall be made to the department on forms prescribed and furnished by the department, accompanied by the license fee required under
par. (c) or
(d).
101.951(2)(b)1.1. The department shall, by rule, establish the license period under this section.
101.951(2)(b)2.
2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.
101.951(2)(c)
(c) Except as provided in
par. (d), the fee for a license issued under this section equals $50 multiplied by the number of years in the license period. The fee shall be prorated if the license period is not evenly divisible into years.
101.951(2)(d)
(d) If the department issues a license under this section during the license period, the fee for the license shall equal $50 multiplied by the number of calendar years, including parts of calendar years, during which the license remains in effect. A fee determined under this paragraph may not exceed the license fee for the entire license period under
par. (c).
101.951(3)
(3) The department shall issue a license only to a person whose character, fitness and financial ability, in the opinion of the department, are such as to justify the belief that the person can and will deal with and serve the buying public fairly and honestly, will maintain a permanent office and place of business in this state during the license year and will abide by all of the provisions of law and lawful orders of the department.
101.951(5)
(5) A licensee shall conduct the licensed business continuously during the license year.
101.951(6)
(6) The department may deny, suspend or revoke a license on any of the following grounds:
101.951(6)(b)
(b) A material misstatement in the application for the license.
101.951(6)(c)
(c) Filing a materially false or fraudulent income or franchise tax return as certified by the department of revenue.
101.951(6)(d)
(d) Willful failure to comply with any provision of this section or any rule promulgated by the department under this section.
101.951(6)(e)
(e) Willfully defrauding any retail buyer to the buyer's damage.
101.951(6)(f)
(f) Willful failure to perform any written agreement with any retail buyer.
101.951(6)(g)
(g) Failure or refusal to furnish and keep in force any bond required.
101.951(6)(h)
(h) Having made a fraudulent sale, transaction or repossession.
101.951(6)(i)
(i) Fraudulent misrepresentation, circumvention or concealment, through any subterfuge or device, of any of the material particulars or the nature thereof required hereunder to be stated or furnished to the retail buyer.
101.951(6)(j)
(j) Use of fraudulent devices, methods or practices in connection with compliance with the statutes with respect to the retaking of goods under retail installment contracts and the redemption and resale of such goods.
101.951(6)(k)
(k) Having indulged in any unconscionable practice relating to the business of selling manufactured homes to a consumer or to the retail market.
101.951(6)(n)
(n) Having violated any law relating to the sale, distribution or financing of manufactured homes.
101.951(7)(a)(a) The department of commerce may, without notice, deny the application for a license within 60 days after receipt thereof by written notice to the applicant, stating the grounds for the denial. Within 30 days after such notice, the applicant may petition the department of administration to conduct a hearing to review the denial, and a hearing shall be scheduled with reasonable promptness. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to denials of applications for licenses under
s. 101.02 (21).
101.951(7)(b)
(b) No license may be suspended or revoked except after a hearing thereon. The department of commerce shall give the licensee at least 5 days' notice of the time and place of the hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the department of commerce, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations brought before the department of commerce shall be heard and decided upon by the department of administration. The division of hearings and appeals shall conduct the hearing. This paragraph does not apply to licenses that are suspended or revoked under
s. 101.02 (21).
101.951(7)(c)
(c) The department of commerce may inspect the pertinent books, records, letters and contracts of a licensee. The actual cost of each such examination shall be paid by such licensee so examined within 30 days after demand therefor by the department, and the department may maintain an action for the recovery of such costs in any court of competent jurisdiction.
101.951(8)
(8) Any person who violates any provision of this section shall be fined not less than $25 nor more than $100 for each offense.
101.951 History
History: 1999 a. 9,
53,
185;
2003 a. 321.
101.951 Cross-reference
Cross Reference: See also chs.
Comm 96,
97, and
98, Wis. adm. code.
101.952
101.952
Manufactured home salespersons regulated. 101.952(1)(1) No person may engage in the business of selling manufactured homes to a consumer or to the retail market in this state without a license therefor from the department. If a manufactured home dealer acts as a manufactured home salesperson the dealer shall secure a manufactured home salesperson's license in addition to the license for engaging as a manufactured home dealer.
101.952(2)(a)(a) Applications for a manufactured home salesperson's license and renewals thereof shall be made to the department on such forms as the department prescribes and furnishes and shall be accompanied by the license fee required under
par. (c) or
(d). The application shall include the applicant's social security number. In addition, the application shall require such pertinent information as the department requires.
101.952(2)(b)1.1. The department shall, by rule, establish the license period under this section.
101.952(2)(b)2.
2. The department may promulgate rules establishing a uniform expiration date for all licenses issued under this section.
