Wis. Admin. Code Department of Safety and Professional Services SPS 326.10

Current through October 28, 2024

Section SPS 326.10 - Definitions

In this chapter:

(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.

(2) "Agent" means a village, city or county designated by the department to issue permits and make inspections of the manufactured home communities.

(3) "Basic unit" means a manufactured home without hitch, awnings, cabanas, storage unit, carport, garage, windbreak, non-winterized porch or similar appurtenant structures.

(4) "Department" means the department of safety and professional services.

(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.

(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.

(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.

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.

(8) "Manufactured home" has the meaning specified under s. 101.91(2), Stats.

Note: Under s. 101.91(2), Stats., "manufactured home" means any of the following:

(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.

(c) A mobile home, unless a mobile home is specifically excluded under the applicable statute.

(9) "Manufactured home community" has the meaning specified under s. 101.91(5m), Stats.

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.

(10) "Manufactured home community contractor" has the meaning specified under s. 101.91(6m), Stats.

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.

(11) "Manufactured home community occupant" has the meaning specified under s. 101.91(7), Stats.

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.

(12) "Manufactured home community operator" has the meaning given in s. 101.91(8), Stats.

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.

(13) "Meter" means an instrument installed to measure the volume or rate, or both, of flow of water delivered through it.

(14) "Person" means an individual, firm, trust, partnership, association or corporation.

(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.

(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.

Note: Remote outside meters are considered part of the manufactured home community operator's or manufactured home community contractor's metering configuration.

(17) "Site" means a plot of ground within a manufactured home community designed for placement of one manufactured home.

(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.

(19) "Street" means the paved or surfaced portion of the roadway between curb faces.

Wis. Admin. Code Department of Safety and Professional Services SPS 326.10

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.

Amended by, 2019 Wis. Act 1: am. (15) Register May 2019 No. 761, eff. 6/1/2019