Ohio Adm.Code 4781 | Ohio Administrative Code 4781 — Ohio Manufactured Homes Program

Chapter 4781-4 Administration

Ohio Adm.Code 4781-4-01 Delegation of duties.

The director of the department of commerce, pursuant to section 4781.011 of the Revised Code, shall delegate the duties and responsibilities authorized herein to the superintendent of the division of industrial compliance and the superintendent of the division of real estate and professional licensing as appropriate.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Chapter 4781-6 Installation Standards

Ohio Adm.Code 4781-6-01 Installation of new manufactured homes.

(A) General.

(1) Chapter 4781-6 of the Administrative Code is designated as the "Model Manufactured Home Installation Standards." The model manufactured home installation standards as adopted by the department of housing and urban development pursuant to 42 U.S.C. 3535, 5403, 5404, and 5424, and as set forth in 24 C.F.R. 3285, as the adoption date of this rule is incorporated fully as if set out at length herein but as altered with additions, substitutions, and deletions indicated in this rule.

(2) The provisions of the model manufactured home installation standards shall apply to the installation, construction, use and occupancy, and location of every new manufactured home installed in the state on private property or in a manufactured home park.

(3) The intent of this rule is to establish uniform requirements for the installation of new manufactured homes on private property or in a manufactured home park.

(4) Where, in any specific case, different parts of this rule specify different materials, methods of installation, or other requirements, the most restrictive shall govern. Where there is a conflict between the general requirement and the specific requirement, the specific requirement shall be applicable.

(5) Exceptions:

(a) Wood footings or wood foundations as provided in 24 C.F.R. 3285.312(a)(2), shall be prohibited in the installation of a manufactured home;

(b) Footings shall be twenty-eight-day compressive strength of three thousand pounds per square inch (psi) instead of the twelve hundred as provided in 24 C.F.R. 3285.312(a)(1)(i).

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-6-02 Installation standards for used manufactured homes.

(A) General.

(1) Administration.

(a) Scope.

These installation standards provide minimum requirements for the initial installation of used or relocated mobile or manufactured homes and shall apply to the installation and occupancy of mobile and manufactured homes in Ohio. This includes "HUD units" and "pre-HUD units."

(b) Purpose.

The purpose of Chapter 4781-6 of the Administrative Code is to provide minimum requirements to safeguard the public safety, health, and general welfare through affordability, structural strength, means of egress facilities, stability, sanitation, and safety to life and property from fire and other hazards attributed to the built environment. The requirements for used or relocated manufactured homes set forth in rule 4781-6-02 of the Administrative Code may be exceeded by a homeowner or installer, but no authority having jurisdiction shall require a homeowner or installer to exceed rule 4781-6-02 of the Administrative Code except where specifically permitted under Chapter 4781-6 of the Administrative Code.

Where in any specific case, different sections of rule 4781-6-02 of the Administrative Code specify different materials, methods of construction, or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

(d) Rule 4781-6-02 of the Administrative Code shall apply to any installation of any used or relocated manufactured homes for use as a residence. Rule 4781-6-01 of the Administrative Code shall apply to any installation of a used or relocated manufactured home unless specifically set forth in rule 4781-6-02 of the Administrative Code.

(e) Partial invalidity.

In the event any part or provision of rule 4781-6-02 of the Administrative Code is held to be unlawful or void, this shall not have the effect of making void or unlawful any of the other parts or provisions of rule 4781-6-02 of the Administrative Code.

(f) Existing structures.

The legal occupancy of any structure existing on the date of the adoption of rule 4781-6-02 of the Administrative Code shall be permitted to continue without change, except as is specifically covered in rule 4781-6-02 of the Administrative Code, or as is deemed necessary by the authority having jurisdiction for the general safety and welfare of the occupants and the public.

(g) Additions, alterations, replacement, or repairs to existing installation or foundation systems.

Prior to the performance of work, the authority having jurisdiction shall determine if the existing foundation system can support the load of the used manufactured home. The foundation system shall also conform to rule 4781-6-03 of the Administrative Code. If greater than fifty per cent is to be replaced or repaired, the entire installation or foundation system shall conform to the requirements for a used manufactured home, and additions, alterations, or repairs shall not cause a used manufactured home to become unsafe or adversely affected.

(h) Alternate products, equipment, and materials used during the installation of a used manufactured home that have been approved by the Ohio board of building standards and are not mentioned in rule 4781-6-02 of the Administrative Code and not expressly prohibited in Chapter 4781. of the Revised Code or the rules promulgated thereunder may be approved for use on the installation of a used manufactured homes by the authority having jurisdiction when used in accordance with the products', equipment's, and materials' listing and labeling. Products, equipment, and material to be installed in association with the installation of manufactured homes that have not been approved by the board of building standards shall be approved by the division in advance of their use.

(i) If rule 4781-6-02 of the Administrative Code is silent on the installation of a manufactured home that includes accessory buildings or structures, those optional elements shall be constructed in a manner consistent with the residential code of Ohio. The inspection of these optional elements does not fall under the jurisdiction of the division, but rather the board of building standards. Installers must contact the authority having jurisdiction to perform the inspection on these optional elements. Division-certified third party inspection agencies and certified health departments are not authorized to perform the inspections on these optional elements.

(2) Installation instructions.

(a) Manufacturer's instructions.

The installer shall install the used manufactured home in accordance with the manufacturer's installation manual. If there is not a manufacturer's installation manual for the installation of a used manufactured home, the installer shall install the used manufactured home in accordance with rule 4781-6-02 of the Administrative Code or in accordance with NFPA 225.

(b) Variations to installation instructions.

When an installer does not provide support and anchorage in accordance with the approved manufacturer's installation instructions, or in accordance with rule 4781-6-02 of the Administrative Code, or encounters site or other conditions (such as areas that are subject to flood damage or high seismic risk) that prevent the use of the instructions or this rule, the installer shall: (i) first attempt to obtain DAPIA-approved designs and instructions prepared by the manufacturer; or (ii) if designs and instructions are not available from the manufacturer, obtain an alternate design prepared and certified by an Ohio registered professional engineer or registered architect for the support and anchorage of the manufactured home that is consistent with the manufactured home design, conforms to the requirements of the MHCSS, and has been approved by the manufacturer and the DAPIA.

(3) Alterations during initial installations.

Additions, modifications, replacement, or removal of any equipment that affects the installation of a used manufactured home shall meet or exceed the requirements of these installation standards, the Manufactured Home Construction and Safety Standard (MHCSS), 24 C.F.R. 3280, and the "Manufactured Home Procedural and Enforcement Regulations," 24 C.F.R. 3282. An alteration shall not affect the ability of the basic manufactured home to comply with the MHCSS, and the alteration shall not impose additional loads to the manufactured home or its foundation unless the alteration is included in the manufacturer's design approval primary inspection agency (DAPIA) approved designs and installation instructions, or is designed by an Ohio registered professional engineer or architect in accordance with the manufactured home design and with the MHCSS.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-6-03 Reference publications and definitions for installation of new and used manufactured homes.

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.

View Rule Text

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-6-03.1 Pre-installation considerations.

(A) Site safety considerations.

(1) Distances. Fire separation distances shall be in accordance with the requirements of chapter six of NFPA 501A, 2003 edition, or the ordinances of the authority having jurisdiction, whichever is most stringent. In manufactured home parks, the division separation standards as set forth in rules 4781-12-08 and 4781-12-08.1 of the Administrative Code shall govern.

(2) Set back measurement. Setback distances are measured from the lot line or the edge of the road to the eaves, awning, carport, attached porch, or accessory building or to a deck or other combustible element of the home that projects out the furthest. In manufactured home parks, setbacks shall be measured in accordance with rule 4781-12-08 of the Administrative Code.

(3) Fire separation distances shall be in accordance with the requirements of Chapter 6 of NFPA 501A, 2005 edition, or the requirements of the local authority having jurisdiction, or the manufacturer's installation manual.

(B) Installation of manufactured homes in flood hazard areas.

(1) Definitions. Except to the extent otherwise defined in rule 4781-6-03 of the Administrative Code, the terms used in these standards are as defined in 44 C.F.R. 59.1 (October 1, 2018) of the "National Flood Insurance Program" ("NFIP") regulations.

(2) Applicability. The provisions of this rule apply to the initial installation of new or used manufactured homes. All manufactured homes located where there is a local floodplain authority shall be installed in accordance with the local floodplain authority's rules, ordinances, or resolutions.

(3) Pre-installation considerations. Prior to the initial installation of a new or used manufactured home, the installer is responsible to determine whether the manufactured home site lies wholly or partly within a special flood hazard area as shown on the authority having jurisdiction's "Flood Insurance Rate Map," "Flood Boundary and Floodway Map," or "Flood Hazard Boundary Map." If so located, and before an installation method is agreed upon, the map and supporting studies adopted by the authority having jurisdiction shall be used to determine the flood hazard zone and base flood elevation at the site.

(4) General elevation and foundation requirements.

(a) Methods and practices. Manufactured homes located wholly or partly within special flood hazard areas shall be installed on foundations engineered to incorporate methods and practices that minimize flood damage during the base flood, in accordance with the requirements of the authority having jurisdiction, the floodplain authority, FEMA 85, 44 C.F.R. 60.3(a) to (e) (October 1, 2018), other provisions of 44 C.F.R. 60 referenced by those paragraphs, Chapter 1521. of the Revised Code, and division 1501:22 of the Administrative Code.

(b) Related guidance. Refer to FEMA 85 /September 1985, "Manufactured Home Installation in Flood Hazard Areas," 1985 and the local floodplain authority.

(1) Wind zone. Manufactured homes shall not be installed in a wind zone that exceeds the design wind loads for which the home has been designated, as evidenced by the wind zone indicated on the home's data plate. The design wind zone in Ohio is zone one; homes designed for wind zone one, wind zone two, or wind zone three are acceptable. In wind zone one, the horizontal design wind load shall not be less than fifteen pounds per square foot (psf) and the net uplift shall not be less than nine pounds per square foot (psf).

(2) Roof load zone. Manufactured homes shall not be located in a roof load zone that exceeds the design roof load for which the home has been designed as evidenced by the roof load zone indicated on the home's data plate. Refer to rule 4781-6-03.3 of the Administrative Code for special snow load conditions. The design snow load in Ohio shall not be less than twenty pounds per square foot (psf).

(3) Thermal zone. New manufactured homes shall not be installed in a thermal zone that exceeds the thermal zone for which the home has been designed as evidenced by the thermal zone indicated on the heating/cooling certificate and insulation zone map. The manufacturer may provide the heating/cooling information and insulation zone map on the home's data plate. The design thermal zone in Ohio is thermal zone three. Manufactured homes designed for thermal zone one shall not be installed in Ohio. Used manufactured homes can be thermal zone two homes.

(4) A mobile home manufactured prior to July 1, 1974 shall be exempt from the requirement to provide thermal, wind, and roof load information.

(5) A manufactured home built prior to July 1, 1974 shall be exempt from the requirement to provide thermal information.

(D) Moving manufactured home to location.

Refer to rule 4781-6-03.9 of the Administrative Code.

(E) Permits and alterations and on-site structures

Refer to rule 4781-6-03.9 and Chapter 4781-7 of the Administrative Code

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-6-03.2 Site preparation.

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.

View Rule Text

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-6-03.3 Foundations.

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.

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Last updated September 17, 2026 at 9:57 AM

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-6-03.4 Anchorage against wind.

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.

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Last updated September 17, 2026 at 1:07 PM

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-6-03.5 Optional features.

(A) Features added during installation.

Optional equipment or features shall not take the home out of conformance with the requirements of the MHCSS and these standards.

(B) Expanding rooms.

The support and anchoring systems for expanding rooms shall be installed in accordance with designs provided by the home manufacturer or prepared by a registered professional engineer or registered architect in accordance with acceptable engineering practice.

(1) Comfort cooling systems. When not provided and installed by the home manufacturer, comfort cooling systems shall be installed according to the appliance manufacturer's installation instructions.

(a) Air conditioners. Air conditioning equipment shall be listed or certified by a nationally recognized testing agency for the application for which the unit is intended and installed in accordance with the terms of its listing or certification.

(i) Energy efficiency.

(a) Site-installed central air conditioning equipment shall be sized to meet the home's heat gain requirement, in accordance with chapter twenty-eight of the ASHRAE "Handbook of Fundamentals" or ACCA "Manual J, Residential Cooling Load," eighth edition.

(b) The BTU per hour rated capacity of the site-installed air conditioning equipment shall not exceed the air distribution system's rated BTU per hour capacity as shown on the home's compliance certificate.

(ii) Circuit rating. If a manufactured home is factory provided with an exterior outlet to energize heating and/or air conditioning equipment, the branch circuit rating on the tag adjacent to this outlet shall be equal to or greater than the minimum circuit amperage identified on the equipment rating plate.

(iii) A-coil units.

(a) A-coil air conditioning units shall be compatible and listed for use with the furnace in the home and installed in accordance with the appliance manufacturer's instructions.

(b) The air conditioner manufacturer's instructions shall be followed.

(c) All condensation shall be directed beyond the perimeter of the home by means specified by the equipment manufacturer.

(b) Heat pumps. Heat pumps shall be listed or certified by a nationally recognized testing agency for the application for which the unit is intended and installed in accordance with the terms of its listing or certification.

(2) Fireplace and wood-stove chimneys and air inlets. Fireplace and wood-stove chimneys and air inlets shall be listed for use with manufactured homes and shall be installed in accordance with their listings.

(3) Appliance venting.

(a) All heat-producing appliances, except ranges and ovens, shall be vented to the exterior of the home.

(b) When the vent exhausts through the floor, the vent shall not terminate under the home and shall extend to the home's exterior and through any skirting or foundation wall that may be installed.

(4) Flood hazard areas.

(a) Outside appliances. Appliances installed on the manufactured home site shall be anchored and elevated to or above the same elevation as the minimum flood elevation of the lowest floor of the home.

(b) Air inlets and exhausts. Appliance air inlets and exhausts shall be located at or above the same elevation as the minimum flood elevation of the lowest floor of the home.

(5) Clothes dryer exhaust system duct. A clothes dryer exhaust duct system shall conform with and be completed in accordance with the appliance manufacturer's instructions and rule 4781-6-03.6 of the Administrative Code. The vents shall exhaust to the exterior of the home, beyond any perimeter skirting installed around it, as shown in figure 5A of this rule.

(D) Skirting.

(1) Skirting, if used, shall be of weather-resistant materials.

(2) Skirting shall not be attached in a manner that can cause water to be trapped between the siding and trim or forced up into the wall cavities trim to which it is attached.

(3) All wood skirting within six inches of the ground shall be pressure treated in accordance with AWPA "Standard U1 for Use Category 4A, Ground Anchor Contact Applications" or be naturally resistant to decay and termite infestations.

(4) Skirting shall not be attached in a manner that impedes the contraction and expansion characteristics of the home's exterior covering and siding.

(E) Crawlspace ventilation.

(1) A crawlspace with solid skirting shall be provided with ventilation openings. The minimum net area of ventilation openings must not be less than one square foot for every one hundred fifty square feet of the home's floor area. The total area of ventilation openings may be reduced to one square foot for every fifteen hundred square feet of the home's floor area, where uniform six mil polyethylene vapor retarder or other acceptable vapor retarder required under rule 4781-6-03.2 of the Administrative Code is placed on the ground surface beneath the entire floor area of the home with a minimum of four vents per enclosed crawlspace area.

(2) Ventilation openings shall be placed as high as practicable above the ground and located on at least two opposite sides to provide cross-ventilation. The vents shall be located within three feet of the corners of the home and unobstructed.

(3) Ventilation openings shall be covered for their full height and width with a perforated corrosion and weather resistant covering that is designed to prevent the entry of rodents. In areas subject to freezing, the coverings for the ventilation openings shall be of the adjustable type, permitting them to be in the open or closed position, depending on the climatic conditions.

(4) Access opening(s) not less than eighteen inches in width and twenty-four inches in height and not less than three square feet in area shall be provided and shall be located so that any utility connections located under the home are accessible.

(5) Condensate drains, water heater drains, and furnace drains shall be provided when specified by the HVAC manufacturer's installation instructions and in the absence of manufacturer's installation instructions, where condensate is discharged from equipment. All condensate pans and collectors shall have condensate drains. HVAC condensation drains shall pass to the outside or into another approved drain that passes to the outside of the home. Drains shall be supported in accordance with paragraph (D) of rule 4781-6-03.6 of the Administrative Code.

(6) Dryer vents and combustion air inlets shall pass through the skirting to the outside of the home. See figure 5A "Dryer Exhaust system" of this rule.

Last updated July 14, 2026 at 9:49 AM

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-6-03.6 Ductwork and plumbing and fuel supply systems.

(A) Field assembly.

Home manufacturers shall provide specific installation instructions for the proper field assembly of manufacturer-supplied and shipped loose ducts, plumbing, and fuel supply system parts that are necessary to join all sections of the home and shall be designed to be located underneath the home. The installation instructions shall be designed in accordance with applicable requirements of the MHCSS. Where manufacturer's installation instructions are not available or do not address an element of the installation, the Ohio plumbing code, the Ohio mechanical code, and this rule shall govern.

(B) Utility connections.

Refer to rule 4781-6-03.9 of the Administrative Code.

(1) Crossover. Multi-section homes with plumbing in both sections require water-line crossover connections to join all sections of the home.

(2) Maximum supply pressure and reduction. When the local water supply pressure exceeds eighty pounds per square inch to the manufactured home, a pressure-reducing valve shall be installed.

(3) Mandatory shutoff valve.

(a) An identified and accessible shutoff valve shall be installed between the water supply and the inlet.

(b) The water riser for the shut-off valve connection shall be located underneath or adjacent to the manufactured home with the shut-off valve accessible within three feet of the point where the water supply enters the perimeter of the manufactured home or emerges from underground.

(4) Freezing protection. Water line crossovers completed during installation shall be protected from freezing.

(a) If subject to freezing temperatures, the water connection shall be wrapped with insulation or otherwise protected to prevent freezing.

(b) In areas subject to freezing or subfreezing temperatures, exposed sections of water supply piping, shutoff valves, pressure reducers, and pipes in water heater compartments shall be insulated or otherwise protected from freezing.

(c) Use of pipe-heating cable. Only pipe-heating cable listed for the intended use shall be permitted to be used. It shall be fused or used with a fused plug and shall be installed in accordance with the cable manufacturer's installation instructions.

(5) Testing procedures.

(a) The water system shall be inspected and tested for leaks after completion at the site in accordance with the manufacturer's installation instructions. Where no manufacturer's installation manual test procedure is available, the test shall be performed in accordance with testing procedures provided on forms approved by the division.

(b) The water heater shall be disconnected when using an air-only test to prevent damage to the water heater for pressures above eighty psi.

(D) Drainage system.

(1) Crossovers. Multi-section homes with plumbing in more than one section require drainage system crossover connections to join all sections of the home.

(2) Assembly and support. If portions of the drainage system were shipped loose because the portions were necessary to join all sections of the home and designed to be located underneath the home, the portions shall be installed and supported in accordance with the manufacturer's home installation instructions or the division's rules.

(3) Proper slopes. Drains shall be completed in accordance with manufacturer's home installation instructions or the division's rules.

(a) Drain lines shall not slope less than one-quarter inch per foot unless otherwise noted on the schematic diagram, as shown in figure 6.1 of this rule.

(b) A slope of one-eighth inch per foot may be permitted when a clean out is installed at the upper end of the run.

(4) Testing procedures.

The drainage system shall be inspected and tested for leaks after completion at the site in accordance with the manufacturer's installation instructions. Where no manufacturer's installation manual test procedure is available, the test shall be performed in accordance with testing procedures provided on forms approved by the division.

(E) Fuel supply system.

(1) Proper supply pressure. The gas piping system in the home is designed for a pressure that is at least ten inches of water column [5.8 ounces per square inch or 0.36 psi] and not more than fourteen inches of water column [eight ounces per square inch 0.5 psi]. If gas from any supply source exceeds, or could exceed, this pressure, a regulator shall be installed.

(2) Crossovers.

Multi-section homes with fuel supply piping in both sections require crossover connections to join all sections of the home.

(3) Testing procedures. The gas system shall be inspected and tested for leaks after completion at the site in accordance with the manufacturer's installation instructions. Where no manufacturer's installation manual test procedure is available, the test shall be performed in accordance with testing procedures on forms approved by the division.

(F) Ductwork connections.

(1) Crossovers. Multi-section homes with ductwork in more than one section require crossover connections to complete the duct system of the home. All ductwork connections, including duct collars, shall be sealed to prevent air leakage. Galvanized metal straps or tape and mastics listed to UL 181 A or UL181 B shall be used around the duct collar and secured tightly to make all connections.

(2) If metal straps are used, the metal straps shall be secured with galvanized sheet metal screws.

(3) Metal ducts shall be fastened to the collar with a minimum of three galvanized sheet metal screws equally spaced around the collar.

(4) Air conditioning or heating ducts shall be installed in accordance with applicable requirements of the duct manufacturer's installation instructions.

(5) The duct shall be suspended or supported above the ground by straps or other approved means that are spaced at a maximum distance not to exceed four feet or as otherwise permitted by the installation instructions. When straps are used to support a flexible type duct, the straps shall be at least three-fourths of an inch wide and shall be installed such that the straps cannot slip between any two spirals and arranged under the floor to prevent compression or kinking in any location, as shown in figures 6A and 6B of this rule.

(6) Crossover ducts outside the thermal envelope of the manufactured home, in uninsulated basements or uninsulated crawlspaces, shall be insulated to an R-value of four or better in accordance with ASTM C-518, UL181 for flexible ducts or equal thermal protection and covered with a vapor retarder.

(7) In-floor or ceiling crossover duct connections shall be installed and sealed to prevent air leakage.

(8) Support of crossover ducts does not include resting loose on rocks, brick, blocks, or other materials resting on the ground.

(9) Floor joists shall not be notched or cut into in any way during the installation of on-site ductwork.

(10) Repair any tears in the outlining of ductwork and cover all exposed metal surfaces, boots, and connections with insulation with a minimum R-value of four and a vapor barrier.

Last updated July 14, 2026 at 9:50 AM

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-6-03.7 Electrical systems and equipment.

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.

View Rule Text

Last updated September 17, 2026 at 1:15 PM

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-6-03.8 Exterior and interior close-up.

(A) Final leveling of a manufactured home.

The manufactured home shall be leveled before completion of the installation. A home shall be considered level when no more than a quarter-inch difference exists between any two adjacent piers and no more than one-half inch difference exists between any point on the frame of the home to any comparable point on the frame on the opposite side or end of the home. Where two sections are joined at the marriage line, the maximum tolerance at the floor between the sections shall not exceed one-quarter inch vertical difference in height.

(B) Exterior close-up.

(1) Exterior siding and roofing necessary to join all sections of the home shall be installed according to the product manufacturer's installation instructions and shall be fastened in accordance with the designs and manufacturer's instructions and consistent with this rule. Exterior close-up strips/trim shall be fastened securely and sealed with exterior sealant (see figure 8A of this rule).

(2) Joints and seams. All joints and seams in exterior wall coverings that were disturbed during location of the home shall be made weatherproof.

(3) Prior to installing the siding, the polyethylene sheeting covering exterior walls for transit shall be completely removed.

(4) Holes in the roof made in transit or setup shall be made weatherproof and sealed with a sealant or other material that is suitable for use with the roofing materials in which the hole is made.

(5) Mate-line gasket. The installer shall use the home manufacturer's materials and designs for mate-line gaskets or other methods designed to resist the entry of air, water, water vapor, insects, and rodents at all mate-line locations exposed to the exterior when available. Where the mate-line gasket material is not available from the manufactured home manufacturer, two-inch foam sealed inside a vapor barrier sheathing type gasket, or one-inch by four-inch fiberglass roll, a batt, or its equivalent shall be installed in accordance with Figure 8B of this rule.

(6) Hinged roofs and eaves. Hinged roofs and eaves shall be completed during installation so as to comply with the MHCSS and these standards. However, some hinged roofs may be subject to specific on-site or alternative construction requirements issued separately by HUD. Generally, hinged roof homes are not subject to such special requirements as long as:

(a) The homes are designed to be located in wind zone one;

(b) The completed hinged roof pitch is less than seven units vertical in twelve units horizontal; and

(1) For multi-section homes, structural interconnections along the interior and exterior at the mate-line are necessary to join all sections of the home.

(2) The interconnections shall be completed in accordance with the manufactured home installation manual or, if not available, these standards to ensure a completely integrated structure.

(3) Upon completion of the exterior close-up, no gaps shall be permitted between the structural elements being interconnected along the mate-line of multi-section homes. However, prior to completion of the exterior close-up, minor gaps that do not exceed one inch shall be permitted between structural elements provided the gaps are closed before completion of close-up, the home sections are in contact with each other, and the mating gasket is providing a proper seal. Gaps greater than one-fourth inch shall be shimmed tight, and fastener lengths used to make connections between the structural elements shall be increased to provide adequate penetration into the receiving member. Gaps between one inch and one-fourth inch in the walls or floor shall be filled with plywood shims or its equivalent.

(4) Multi-section homes with no manufacturer's installation instructions shall be assembled by lagging the floor rim joist approximately center between the floor joists not to exceed twenty-four inches on centers. The lag bolt shall be a minimum three-eighths inch by five inches lag bolt or screw with a standard three eighths inch flat washer.

(5) Multi-section homes with no manufacturer's installation instructions shall be connected at the roof with one and one-half inch wide perforated strapping connecting one rafter to the opposite rafter, affixed with three-inch screws, two inches on each side of the ridge. Strapping shall be concealed by the ridge cap. Lags shall not be substituted for the strapping and screws unless the dimensional lumber to be joined by the lags is of sufficient size to accept the lags or required by an Ohio registered professional engineer or registered architect.

(6) Multi-section homes with no manufacturer's installation instructions shall be connected at the end walls with a number ten screw, four and one-half inches or approved equal, toe screwed every sixteen inches alternate sides.

(D) Bottom board repair.

(1) The bottom board covering shall be inspected for any loosening or areas that might have been damaged or torn during installation or transportation. Any missing insulation shall be replaced prior to closure and repair of the bottom board.

(2) Any splits or tears in the bottom board shall be resealed with bottom board fabric tape or patches in accordance with methods provided in the manufacturer's installation instructions. Duct tape shall not be used to repair bottom board.

(3) Plumbing P-traps shall be checked to be sure they are well insulated and covered.

(4) All edges of repaired bottom board areas shall be taped with bottom board fabric tape or otherwise equivalently sealed.

(E) Interior close-up.

(1) All shipping, blocking, strapping, or bracing shall be removed from appliances, windows, and doors.

(2) At a minimum, shipped-loose wall paneling necessary for the joining of all sections of the home shall be installed by using polyvinyl acetate (PVA) or equal adhesive on all framing members and fastened with minimum one-inch long staples or nails at six inches on center panel edges and twelve inches on center in the field, unless alternative fastening methods are required in the manufactured home's installation instructions. (See figure 8C of this rule).

(F) Stairway walking surface.

The walking surface of the treads and landings of stairways shall be sloped no steeper than one unit vertical in forty-eight units horizontal (two per cent slope).

(G) Handrails.

Handrails shall be provided on at least one side of each continuous run of treads or flights with four or more risers.

(1) Handrail height, measured vertically from the sloped plane adjoining the tread nosing, or finish surface of ramp slope, shall not be less than thirty-four inches (864 mm) and not more than thirty-eight inches (965 mm).

(2) Handrails for stairways shall be continuous for the full length of the flight, from a point directly above the lowest riser of the flight. Handrail ends shall be returned or shall terminate in newel posts or safety terminals. Handrails adjacent to a wall shall have a space of not less than one and one-half inch (38 mm) between the wall and the handrails.

(3) Exceptions:

(a) Handrails shall be permitted to be interrupted by a newel post at the turn.

(b) The use of a volute, turnout, start easing, or starting newel shall be allowed over the lowest tread.

(c) Two or more separate rails shall be considered continuous if the termination of the rails occurs over a single tread and within four inches (101.6 mm) of each other. If the transition occurs between a wall mounted handrail and handrail/guardrail combination, the wall mounted handrail shall return into the wall.

(H) Handrail grip size.

All required handrails shall be of one of the following types or shall be equivalent graspability.

(1) Type I. Handrails with a circular cross section shall have an outside diameter of at least one and one-fourth inches (32 mm) and not greater than two inches (51 mm). If the handrail is not circular, it shall have a perimeter dimension of at least four inches (102 mm) and not greater than six and one-fourth inches (160 mm) with a maximum cross section dimension of two and one-fourth inches (57 mm).

(2) Type II. Handrails with a perimeter greater than six and one-half inches (160 mm) shall provide a graspable finger recess area on both sides of the profile. The finger recess shall begin within a distance of three-quarters inch (19 mm) measured vertically from the tallest portion of the profile and achieve a depth of at least five-sixteenths inch (8 mm) within seven-eighths inch (10 mm) to a level that is not less than one and three-quarters inches (45 mm) below the tallest portion of the profile. The minimum width of the handrails above the recess shall be one and one-fourth inches (32 mm) to a maximum of 2 and three-quarters inches (70mm). Edges shall have a minimum radius of 0.01 inches (0.25 mm).

(I) Bulkhead enclosure stairways.

Stairways serving bulkhead enclosures, not part of the required building egress, providing access from the outside grade level to the basement shall be exempt from the requirements of this rule where the maximum height from the basement finished floor level to grade adjacent to the stairway does not exceed eight feet (2438 mm), and the grade level opening the stairway is covered by a bulkhead enclosure with hinged doors or other approved means. Where a stairway of two or fewer risers is located on the exterior side of a door, other than the required exit door, a landing is not required for the exterior side of the door.

(J) Ramps.

(1) Maximum slope. Ramps shall have a maximum slope of one unit vertical in eight units horizontal (12.5 per cent slope).

(2) Landings required. A minimum three-feet-by-three-feet (914 mm by 914 mm) landing shall be provided:

(a) At the top and bottom of ramps;

(b) Where doors open onto ramps; and

(3) Handrails required. Handrails shall be provided on at least one side of all ramps exceeding a slope of one unit vertical in twelve units horizontal (8.33 per cent slope).

(4) Height. Handrail height, measured above the finished surface of the ramp slope, shall be not less than thirty-four inches (864 mm) and not more than thirty-eight inches (965 mm).

(5) Handrail grip size. Handrails on ramps shall comply with this rule.

(6) Continuity. Handrails where required on ramps shall be continuous for the full length of the ramp. Handrail ends shall be returned or shall terminate in newel posts or safety terminals. Handrails adjacent to a wall shall have a space of not less than one and one-half inches (38 mm) between the wall and the handrails.

(K) Landings at doors.

(1) There shall be a floor or landing on each side of each exterior door, except as follows:

(a) The floor or landing at the interior side of the exit door required by rule 4781-6-03.9 of the Administrative Code shall not be more than one and one-half inches (38 mm) lower than the top of the threshold. The floor or landing at exterior doors other than the exit door required by rule 4781-6-03.9 of the Administrative Code shall not be required to comply with this requirement, but shall have a rise no greater than that permitted by this rule.

(b) Where a stairway of two or fewer risers is located on the exterior side of a door, other than the required exit door, a landing is not required for the exterior side of the door. The landing at the exterior side of the doorway shall not be more than eight and one-fourth inches (210 mm) below the top of the threshold.

(2) The width of each landing shall not be less than the door served. Every landing shall have a minimum dimension of twenty-four inches (610 mm) measured in the direction of travel, but no less than the dimension of the door that swings over the landing.

(3) Type of lock or latch. All egress doors shall be readily openable from the side from which egress is to be made without the use of a key or special knowledge or effort.

(L) Stairways.

(1) Width. Stairways shall not be less than thirty-six inches (914 mm) in clear width at all points above the permitted handrails height and below the required headroom height. Handrails shall not project more than four and one-half inches (114 mm) on either side of the stairway. Where a handrail is installed on one side, the minimum clear width of the stairway at and below the handrail height, including treads and landings, shall not be less than thirty-one and one-half inches (787 mm). Where handrails are provided on both sides, the minimum clear width of the stairway at and below the handrail height, including treads and landings, shall not be less than twenty-seven inches (698 mm).

(2) All stairs shall be illuminated in accordance with the requirements in the 2008 national electric code (NEC).

(M) Headroom. The minimum headroom in all parts of the stairway shall not be less than six feet eight inches (2036 mm) measured vertically from the sloped plane adjoining the tread nosing or from the floor surface of the landing or platform.

(N) Stair treads and risers.

(1) Riser height. The maximum riser height shall be eight and one-fourth inches (210 mm). The riser shall be measured vertically between leading edges of the adjacent treads. The greatest riser height within any flight of stairs shall not exceed the smallest by more than three-eighths of an inch (9.5 mm).

(2) Tread depth. The minimum tread depth shall be nine inches (229 mm). The tread depth shall be measured horizontally between the vertical planes of the foremost projection of adjacent treads and at a right angle to the tread's leading edge. The greatest tread depth within any flight of stairs shall not exceed the smallest by more than three-eighths of an inch (9.5 mm). Winder treads shall have a minimum tread depth of nine inches (229 mm) measured as above at a point twelve inches (305 mm) from the side where the tread is narrower. Winder treads shall have a minimum tread depth of six inches (152 mm) at any point. Within any flight of stairs, the greatest winder tread depth at the twelve-inch (305 mm) walk line shall not exceed the smallest by more than three-eighths of an inch (9.5 mm).

(3) Profile. The radius of curvature at the leading edge of the tread shall be no greater than nine-sixteenths of an inch (14.3 mm). A nosing not less than three-fourths of an inch (19 mm) but not more than one and one-fourth inches (32 mm) shall be provided on stairways with solid risers. The greatest nosing projection shall not exceed the smallest nosing projection by more than three-eighths of an inch (9.5 mm) between two stories, including the nosing at the level of floors and landings. Beveling of nosing shall not exceed one-half inch (12.7 mm). Risers shall be vertical or sloped from the underside of the leading edge of the tread above at an angle not more than thirty (0.51 rad) degrees from the vertical. Open risers are permitted, provided that the opening between treads does not permit the passage of a four-inch diameter (102 mm) sphere. Exceptions:

(a) A nosing is not required where the tread depth is a minimum of eleven inches (279 mm).

(b) The opening between adjacent treads is not limited on stairs with a total rise of thirty inches (762 mm) or less.

(O) Landings for stairways.

(1) There shall be a floor or landing at the top and bottom of each stairway unless a floor or landing is not required at the top of an interior flight of stairs, provided a door does not swing over the stairs.

(2) A flight of stairs shall not have a vertical rise greater than twelve feet (3658 mm) between floor levels or landings.

(3) The width of each landing shall not be less than the stairway served. Every landing shall have a minimum dimension of thirty-six inches (914 mm) measured in the direction of travel.

(P) Guards (railings) required. Porches, balconies, or raised floor surfaces located more than thirty inches (762 mm) above the floor or grade below shall have guards thirty-six inches (914 mm) in height. Open sides of stairs with a total rise of more than thirty inches (762 mm) above the floor or grade below shall have guards not less than thirty-four inches (864 mm) in height measured vertically from the nosing of the treads.

(1) Guard opening limitations. Required guards on open sides of stairways, raised floor areas, balconies, and porches shall have intermediate rails or ornamental closures that do not allow the passage of a sphere four inches (102 mm) or more in diameter.

(2) Side approach. Platform must be thirty-six inches in projection. Railing must be on one side and at the end of door swing.

(3) Exception. The triangular openings formed by the riser, tread, and bottom rail of a guard at the open side of the stairway are permitted to be of such size that a sphere six inches (152 mm) or more in diameter cannot pass through.

Last updated July 14, 2026 at 9:59 AM

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-6-03.9 Information for installers.

This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.

View Rule Text

Last updated September 17, 2026 at 1:21 PM

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-6-03.10 Stable foundations - division-approved alternative park installations.

(A) Stable foundations for used manufactured homes - general.

(1) Division -approved designs and details shall be acceptable alternatives for installations of used manufactured homes only for licensed manufactured housing parks or as otherwise specified in Chapter 4781-6 of the Administrative Code. Where an item is not mentioned specifically in one of these alternative designs, that installation item or element shall meet the state of Ohio manufactured home installation standards under Chapter 4781-6 of the Administrative Code. A foundation design method must be employed in its entirety. If an item or element is specified in the selected alternative design, that item or element or an equal or more stringent item or element shall be part of the installation. At the time of permit approval and prior to the installation, the alternative design must be selected and the authority having jurisdiction informed as to which installation foundation alternative design or method the installer seeks approval to use.

(2) These alternatives are not appropriate for use in areas located within a one-hundred-year flood plain.

(B) Alternate method 1 - existing manufactured home parks.

The division may approve and distribute alternative park installation foundation designs, including designs using runners, ribbons, or slabs that do not meet the requirements for a permanent foundation, when all of the following are met:

(1) The complete installation foundation design has been reviewed and recommended for approval by the division;

(2) The installation foundation design shall not take the manufactured home out of compliance with the MHCSS;

(3) The installation foundation design shall provide protection to residents of manufactured housing that equals or exceeds the protection provided by the installation standards for used manufactured homes set forth in Chapter 4781-6 of the Administrative Code, except for frost depth requirements for ribbons, runners, and slabs;

(4) The installation foundation design shall have broad applicability for use in a variety of locations throughout Ohio and provide for the MHCSS, Ohio design loads, various Ohio soil conditions, and other design conditions throughout Ohio. The installation foundation design shall clearly specify any conditions, limitations, or requirements, including site conditions specific to the designs;

(5) The installation foundation design shall include the dimensions of footings, runners, ribbons, or slab; anchorage details including spacing and general specifications for anchors; and pier and blocking spacing requirements;

(6) The installation foundation design shall be prepared by an Ohio registered architect or professional engineer who has agreed to release his or her copyright control over the installation foundation design for distribution by the division as a public record; and

(7) The division may request additional drawings, details, and/or structural calculations to be prepared and sealed by a licensed architect or professional engineer who has agreed to release his or her copyright control over the installation foundation design for distribution by the division as a public record as supporting documents for the installation foundation design prior to approval by the division.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-6-03.11 Division-approved alternative installation designs for used manufactured homes.

(A) General.

(1) Division-approved installation designs and details shall be acceptable alternatives for installations of used manufactured homes on private property or in manufactured home parks. Where an item is not mentioned specifically in a division -approved alternative design, that installation item or element shall meet the state of Ohio used manufactured home installation standards under Chapter 4781-6 of the Administrative Code. A foundation design method must be employed in its entirety. If an item or element is specified in the selected alternative design, that item or element or an equal or more stringent item or element shall be part of the installation. At the time of permit approval and prior to the installation, the alternative design must be selected and the authority having jurisdiction informed as to which installation foundation alternative design or method the installer seeks approval to use.

(2) In addition to the used manufactured home installation requirements of Chapter 4781. of the Revised Code, installations in a manufactured home park may have additional requirements pursuant to rule 4781-12-08 of the Administrative Code.

(3) Unless specifically indicated as appropriate for use within a one-hundred-year flood plain, these alternatives shall not be used in areas located within a one-hundred-year flood plain.

(B) Alternate method - division alternative foundation designs.

The division may approve and distribute alternative installation foundation designs when all of the following are met:

(1) The complete installation foundation design has been reviewed and recommended for approval by the division;

(2) The installation foundation design shall not take the manufactured home out of compliance with the federal manufactured home construction and safety standards (MHCSS);

(3) The installation foundation design shall provide protection to residents of manufactured housing that equals or exceeds the protection provided by the used manufactured homes installation standards set forth in Chapter 4781-6 of the Administrative Code;

(6) The installation foundation design shall be prepared by an Ohio licensed professional architect or engineer who has agreed to release his or her copyright control over the installation foundation design for distribution by the division as a public record; and

History

Effective: January 20, 2020
Promulgated Under: 119.03

Chapter 4781-7 Inspections

Ohio Adm.Code 4781-7-01 Inspections.

(A) General.

(1) All manufactured homes installed in Ohio shall be inspected for compliance with the Ohio manufactured home installation standards by an inspector. For purposes of this Chapter, "inspector" means either individuals certified by the division pursuant to Chapter 4781. of the Revised Code or individuals trained and employed by the division. An inspector has the right to inspect the installation of a manufactured home and any elements that deal with installation of a manufactured home that are under the jurisdiction of the division. An inspector also has the right to conduct plans reviews of proposed manufactured home installations. Nothing in this chapter permits inspectors to review plans for any structures that are not covered in Chapters 4781-5 to 4781-12 of the Administrative Code.

(2) The division shall adopt a checklist for the inspection of manufactured homes.

(3) An inspector shall use the division-adopted checklist for all inspections.

(B) Division inspection seal.

(1) The division shall adopt a division inspection seal ("inspection seal").

(2) Except as provided in paragraph (C) of this rule, no manufactured home shall be occupied until the inspector has issued the inspection seal. The inspection seal shall be paid for at the time the permit is issued and shall not be construed as an approval of any violation of the provisions of Chapter 4781. of the Revised Code or the rules promulgated thereunder or of other ordinances. Any inspection seal issued in error shall not be valid.

(3) The inspection seal must be placed by the inspector in the proximity of the electrical panel box cover with an electrical approval tag at the meter base. No person shall remove, destroy, alter, or cover an inspection seal except as permitted by paragraph (D) of this rule. The inspection seal shall not be affixed until the manufactured home meets the Ohio manufactured home installation standards. A copy of the inspection seal information shall be maintained in accordance with the division's records retention policy.

(4) The inspection seal shall contain the following, either typed or written in permanent ink:

(a) The name and license number of the manufactured home installer;

(b) The serial number of the manufactured home;

(d) The signature of the inspector;

(e) The date the inspection seal is signed and affixed to the home signifying final approval; and

(f) Any special stipulations and conditions of the installation permit or of the approval.

(C) Temporary occupancy permits. The division shall be authorized to issue a temporary occupancy permit before the completion of the entire work covered by the permit, provided that such portion(s) shall be occupied safely. The division shall set a time period during which the temporary occupancy permit is valid, not to exceed six months. Two six-month extensions may be granted by the division upon written request if the installation is in accordance with Chapter 4781-6 of the Administrative Code. The temporary occupancy permit shall not be the inspection seal but shall be on a form approved by the division.

(1) Conformance. Temporary occupancy permits shall not be issued unless the manufactured home meets the requirements for temporary occupancy permits and no life safety hazards exist.

(2) Termination of temporary occupancy permits. The division may terminate the temporary occupancy permit if (a) the temporary occupancy permit has expired, (b) the manufactured home no longer meets the temporary occupancy permit requirements, or (c) life safety hazards exist.

(D) Revocation of the inspection seal or the temporary occupancy permit. The division may suspend or revoke an inspection seal issued under Chapter 4781. of the Revised Code or the rules promulgated thereunder if the inspection seal or the temporary occupancy permit is issued in error, or if the information provided is incorrect, or it is determined that the manufactured home is in violation of any of the provisions of Chapter 4781. of the Revised Code or the rules promulgated thereunder.

(E) Jurisdiction for inspections.

(1) All installation inspections in Ohio shall be conducted by an inspector who:

(a) Is certified by the division, has completed an installation training course approved by the division, and has passed the division inspection test; or

(b) Is trained and employed by the division.

(2) The inspector shall ensure that the installation meets the requirements of the Ohio manufactured home installation standards as set forth in Chapter 4781-6 of the Administrative Code.

(3) The division inspectors may perform plans reviews and conduct inspections in any area, for any reason as the division deems necessary to maintain the requirements set forth in Chapters 4781-5 to 4781-12 of the Administrative Code. The inspections and plans reviews set forth in this rule are for the purpose of ensuring that installations of manufactured homes conform with the standards set forth in Chapter 4781-6 of the Administrative Code and are not considered investigation inspections under rule 4781-8-08 of the Administrative Code or as part of dispute resolution investigations under rule 4781-10-01 of the Administrative Code.

(F) Contracts with inspection agencies.

The division may enter into contracts with certified building departments, certified health departments, certified third party inspection agencies, or certified inspectors to perform any enforcement or compliance function set forth in this chapter.

(G) Fee authority for inspections, plan reviews, inspection seals, temporary inspection seals, and temporary occupancy permits.

(1) The division and any authorities having jurisdiction may charge fees for inspections, re-inspections, plan reviews, permits, and related services and expenditures if those fees are in accordance with rule 4781-7-10 of the Administrative Code. Any fees that are not in accordance with the fee schedule established in rule 4781-7-10 of the Administrative Code must be preapproved by the division in writing.

(H) Notice of violations for installations of manufactured homes.

(1) When an inspector determines that a home is in violation of the Ohio manufactured home installation standards as set forth in Chapter 4781-6 of the Administrative Code, the inspector shall provide a notice of violation. The inspector shall provide in writing, on or attached to the notice of violation, a citation to the standard section that has been violated and leave the notice of violation with the inspection documents on site.

(2) A notice of violation shall only be removed after the installer has provided the division with notice after the violations have been corrected and the division has verified that the corrections have been made.

(I) Inspection of utilities.

(1) Connection of service utilities. No person shall make final connections from any utility source to any manufactured home that is regulated by this code until an inspection permit is issued by the division. The electrical approval sticker affixed by the inspector constitutes approval to energize the home. Nothing in this rule prevents the installer from having access to utilities as needed during installation.

(2) Temporary connection. The inspector shall have authority to authorize and approve the temporary connection of the home or system to the utility source.

(3) Authority to disconnect utilities. The inspector shall have the authority to authorize the immediate disconnection of utilities to the manufactured home by Chapter 4781. of the Revised Code or the rules promulgated thereunder and the referenced codes and standards set forth in case of emergency where necessary to eliminate an immediate hazard to life or property or when such connection has been made without approval. The inspector shall notify the utility company and request the utility company to follow its normal disconnection procedures and whenever possible notify the owner and occupant of the manufactured home of the decision to disconnect. The owner or occupant of the manufactured home shall be notified in writing as soon as possible thereafter.

(J) Violations.

(1) No person shall install, occupy, or permit occupancy of, any manufactured home in violation of any provisions of Chapter 4781. of the Revised Code or the rules promulgated thereunder.

(2) The division shall be authorized to serve notice of violation or order on any person:

(a) Responsible for the installation;

(b) Occupying the manufactured home;

(d) In violation of a permit;

(e) In violation of inspection seal set; or

(f) In violation of temporary occupancy permits issued under Chapter 4781. of the Revised Code or the rules promulgated thereunder.

Such order shall direct the discontinuance of the violation, action, or condition, and the abatement of the violation.

(3) If the violation(s) are not corrected within the time prescribed by such notice, the division may institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy of the manufactured home.

(4) Any person who violates Chapter 4781. of the Revised Code or the rules promulgated thereunder or fails to comply with any of the requirements or who installs a manufactured home in violation of the approved plans or the manufacturer's installation manual or directive of the inspector or of a permit or inspection seal shall be subject to penalties as prescribed by Chapter 4781. of the Revised Code and the rules promulgated thereunder.

(K) Stop work order.

(1) Upon notice from the inspector that the installation of a manufactured home is proceeding in violation of Chapter 4781. of the Revised Code or the rules promulgated thereunder or in an unsafe and dangerous manner, the installation shall be immediately stopped. The stop work order shall be in writing and shall state the conditions under which the installation will be permitted to resume. The stop work order shall be given to the owner of the property involved or the owner's agent or to the person doing the work.

(2) Unlawful continuance. Any person that continues the installation of a manufactured home after being served with a stop work order, except such installation components that person is directed to perform to abate a violation or unsafe condition, shall be subject to penalties as prescribed in Chapter 4781. of the Revised Code or the rules promulgated thereunder.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-7-02 Certified manufactured home inspectors.

(A) All manufactured home inspectors that are not employed by the division shall be certified by the division. Certification shall be valid for three years.

(B) An applicant to become a certified inspector shall meet the following:

(1) Experience. The applicant shall meet at least one of the following:

(a) Three years' experience in a position of responsibility, directly related to construction, such as foreman, which required the ability to effectively read and interpret building plans and specifications; or

(b) Three years' experience in an architect or engineer office performing building design or drafting duties or construction supervision; or

(c) An associate degree (two years) from a college or university in architecture, engineering, or building technology; or

(d) Three years as a quality assurance inspector or field service technician in a manufactured homes manufacturing plant; or

(e) Three years as an Ohio licensed manufactured home installer; or

(f) international code council or board of building standards current and active certification as a building inspector, residential inspector, or plans reviewer; or

(g) Any combination of experience and education in the manufactured homes construction industry or building construction industry totaling three years as approved by the division; or

(h) Other equivalent experience as approved by the division.

(2) Submit a complete application on a form approved by the division and a nonrefundable fee as set forth in paragraph (G) of this rule.

(3) Successfully complete an approved inspector training course for the certification of manufactured homes inspectors;

(4) Pass the written examination prescribed by the division.

(C) Incomplete applications shall be held open for six months following notification of incomplete requirements by regular mail, facsimile, or email. After five months, a final notice of incomplete application shall be mailed by certified mail, return receipt requested. If at the end of the six-month period the application remains incomplete, it shall be considered abandoned and the applicant shall be required to submit a new application, including any fees.

(D) Each certified inspector shall apply for renewal and pay a nonrefundable renewal fee in an amount set forth in paragraph (G) of this rule prior to the expiration date of the certification. Any individual whose certification has expired may obtain a renewal within one year from the date of its expiration provided the holder has met all requirements for renewal, including payment of the renewal fee. All applications for renewal of expired certifications shall be processed as renewals during the one-year period following expiration. All applications for renewal of expired certifications submitted more than one year following the expiration shall be processed as a new application. The holder of a certification that has expired shall not perform any duties for which a certification is required.

(E) All certified inspectors shall be required to complete a minimum of twelve hours of continuing education training for each certification period. The certified inspector shall provide the division with verification of completion of the required continuing education on the appropriate continuing education form.

(F) Certified inspectors.

(1) The division may set qualifications and contract with certified inspectors as the division deems necessary to carry out additional inspections in all areas of the state.

(2) A copy of all deficiency reports from a certified inspector must be provided to the division. The deficiency report shall include the name and license number of the installer, a list of the deficiency or non-compliant items and the list of corrections, and the time period for the installer to correct the listed deficiencies or non-compliant items.

(G) Certification fees.

(1) The non-refundable initial fee for certified inspectors shall be fifty dollars for each three-year certification period.

(2) The non-refundable renewal fee for certified inspectors shall be fifty dollars.

(3) Fees shall be made payable, by check or money order, to "Treasurer, State of Ohio," or by credit card. Any payment of fees may be subject to a convenience fee as charged to the division.

(H) The division may deny, suspend, revoke, or refuse to renew the certification of any manufactured home inspector or any inspection agency for any of the following reasons:

(1) Failure to meet the requirements for a certification or renewal of a certification under Chapter 4781. of the Revised Code;

(2) Failure to meet the continuing education requirements for renewal for a certification under Chapter 4781. of the Revised Code;

(3) Violation of Chapter 4781. of the Revised Code;

(4) Making a false or material misstatement in an application for certification;

(5) Inspecting manufactured homes in Ohio without a certification or without being employed as an inspector by a certified building department, health department, or third party agency;

(6) Been convicted of a crime of moral turpitude or a disqualifying offense as those terms are defined in section 4776.10 of the Revised Code. The term "disqualifying offense" has the same meaning as that term is used in rule 4781-8-03 of the Administrative Code;

(7) Having had a certification revoked, suspended, or denied by the division;

(8) Having a certification revoked, suspended, or denied by another state or jurisdiction;

(9) Engaging in conduct in another state or jurisdiction that would violate Chapter 4781. of the Revised Code if committed in this state;

(10) Failing to provide electronic permit/inspection updates on the division website seal report in a timely manner to be determined by the division;

(11) Acting in a manner that violates the code of ethics for manufactured home inspectors;

(12) Violations of the division's rules and/or policies.

(I) In addition to or in lieu of suspending, revoking, or refusing to renew a manufactured home inspector's certification for violation of Chapter 4781. of the Revised Code or any rule adopted pursuant thereto, the division may impose a fine not exceeding one thousand dollars per violation per day.

(J) Any person whose certification or certification application has been revoked, suspended, denied, or not renewed may request an adjudication hearing within thirty days after receipt of the notice of the action. The hearing shall be held in accordance with Chapter 119. of the Revised Code.

(K) Reapplication after revocation, denial, or suspension.

(1) Any person whose certification has been revoked or denied may apply for a new certification two years after the date on which the certification was revoked or denied.

(2) Any person whose certification has been suspended for a period determined by the division may apply for renewal of the certification within thirty days of the end of the suspension period.

(L) Upon suspension, revocation, or non-renewal, the person shall return the certification and identification card to the division within three days after receipt of the notice of suspension, revocation, or non-renewal.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-7-03 Inspection requirements.

(A) Inspection requirements.

(1) Three inspections, known as a "footing inspection," an "electrical inspection," and a "final inspection" shall be performed on every manufactured home installed in the state of Ohio where new footings are being constructed in ground. Where existing footings comply with Chapter 4781. of the Revised Code and the rules promulgated thereunder, only the electrical and final inspections shall be required as long as no alterations, repairs, or additions to the existing footings are required to comply with Chapter 4781. of the Revised Code or the rules promulgated thereunder. Additional inspections may be required depending on the type of installation, and all inspections shall comply with the requirements of this rule.

(2) A copy of the approved plans or the manufacturer's installation manual shall be at the installation site for the inspector's use. If the approved plans or the manufacturer's installation manual is not at the installation site when the inspector is present for the inspection, no inspection shall be performed by the inspector until the approved plans or manufacturer's installation manual is at the installation site.

(B) Inspection requests.

(1) The permit holder shall request inspections from the division when the manufactured home is ready for inspection. The division shall make written record of each inspection request including the date and time. The inspections shall be performed within three business days of the request, (meaning days excluding weekends and holidays). If the division is unable to perform the inspection, the permit holder shall hire a certified inspector, as defined in paragraph (F) of rule 4781-7-02 of the Administrative Code. If the inspection is not performed within three business days, the installer may continue with the installation; however, if the installer continues with the installation and the installation is in violation of Chapter 4781. of the Revised Code and the rules promulgated thereunder, the installer shall be responsible to correct all violations within the time prescribed by the inspector and at the installer's expense.

(2) If any inspection is performed by a certified inspector other than an inspector employed by the division, then the permit holder must notify the division of any inspection that is not performed due to a non-responsive inspector within three business days of the request.

(1) New constructed or new poured concrete footings. Inspection of the footing shall be made after the footing's excavations have been excavated to solid ground, after any required reinforcing steel has been placed, and prior to the placing of concrete. The footing inspection shall include excavations for lengthways runners, crossways ribbons, pier pads, perimeter wall footers, slabs, and thickened slabs intended for the support of bearing walls, partitions, columns, piers, structural supports, or equipment as applicable to the specific design.

(a) The division may review plans, issue permits, and perform inspections for footing or base support systems, regardless of whether a manufactured home is being installed concurrently, provided the installer makes application as prescribed by the division, and has obtained approval for the location of the footing or base support system, and such footing or base support system has been installed in accordance with paragraphs (L) to (P) of rule 4781-6-03.3 of the Administrative Code.

(b) Permit and plan review in paragraph (A) of this rule shall be the same as required in rules 4781-7-09 and 4781-12-05 of the Administrative Code.

(2) Existing footings. Where footings are preexisting and the inspector cannot reasonably inspect the excavation area to confirm that the footings have been constructed on solid ground, no inspection of the preexisting footings shall be required if the preexisting footings are in good and non-deteriorating condition and support the manufactured home. If the inspector determines that the preexisting footings are failing or deteriorating, the footings shall be replaced and the excavation shall be inspected prior to the placing of the new footings. Any and all preexisting footings that were in good and non-deteriorating condition, but upon final inspection show they do not support the load of the manufactured home, the installer shall replace the footings in accordance with the division's rules.

(D) Electrical inspections.

(1) Electrical service inspections shall be performed by a board of building standards certified electrical safety inspector (ESI). If the electrical service does not meet the national electrical code (NEC) as referenced in rule 4781-6-03 of the Administrative Code, the ESI shall leave a copy of the electrical service inspection checklist, listing the items to be corrected, and the items shall be corrected prior to the expiration of the permit. If the electrical service complies with the requirements of the NEC, the ESI shall place an approval sticker on the meter base, leave a copy of the completed electrical service inspection checklist on site, and shall notify the local electrical power company that the manufactured home has passed the electrical service inspection. The licensed installer or the homeowner shall submit a copy of the completed electrical service inspection checklist or any other documentation required by the local electrical power company. The electrical service inspection shall include, but not be limited to, electrical system connections from the service point as defined in NEC 2008. Work performed on-site during an installation shall be made prior to covering or concealment, and before fixtures or appliances are set or installed.

(2) Nothing in this rule shall authorize the division to inspect components of a manufactured home that were inspected at the factory, other than components that may affect the health or safety of the occupant of the manufactured home.

(E) Final inspections.

(1) A final inspection shall be made after the permitted work is complete and prior to occupancy.

(2) The permit holder shall request a final inspection within ten working days of the completion of the manufactured home installation.

(3) An inspector shall use a division-approved inspection checklist when performing final inspection.

(4) Upon approval of the final inspection, the inspector shall place the inspection seal in the home on the inside face of the electrical panel.

(5) No inspector shall allow the home to be occupied unless the inspection seal has been placed or the inspector has approved the home for a temporary occupancy.

(F) The inspector may accept inspection reports of approved agencies, provided such agencies satisfy the requirements of the division as to qualifications and reliability.

(G) It shall be the duty of the permit holder or the installer to notify the inspector that work is ready for inspection. It shall be the duty of the person requesting any inspections required by Chapter 4781. of the Revised Code or the rules promulgated thereunder to provide access to and means for inspection of such work.

(H) The division shall provide an inspection card indicating the inspections required. The inspector shall sign the inspection card by initialing each stage of inspection as it is performed. The inspection card shall be kept with the approved plans and/or the manufacturer's installation manual on the installation site. The inspection card shall be on a form approved by the division. A lost, damaged, or illegible inspection card shall be replaced in accordance with the rules or policies of the division.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-7-04 Building departments and health departments; requirements for certification to perform inspections of manufactured homes.

(A) Before exercising authority to enforce Chapter 4781. of the Revised Code or the rules promulgated thereunder, and before accepting and approving plans pursuant to Chapter 4781. of the Revised Code or the rules promulgated thereunder, municipalities, townships, and county building departments and health departments and their required personnel shall be certified by the division.

(B) A building department certified by the board of building standards to enforce section 3781.10 of the Revised Code shall submit an application for certification or renewal on a form approved by the division that includes:

(1) A copy of the board of building standards certification;

(2) The names, addresses, and qualifications of persons, firms, or corporations contracting to furnish work or services if such persons, firms, or corporations are under contract to furnish inspection services and if authority is exercised pursuant to the contract. A minimum of one inspector certified by the division, a back-up inspector certified by the division, and an electrical safety inspector (ESI) as employees or under contract are required;

(3) The names of other municipal corporations, townships, counties, health districts, or other political subdivisions contracting work or services if such other political subdivision is under contract to furnish services related to manufactured home installation inspection;

(4) A signature of an authorized representative or an appropriate official for the political subdivision;

(5) Proof of the approval of the governmental entity through the adoption of an ordinance or resolution granting authority for the work contracted with the division; and

(6) Manufactured home inspection and plans review procedures.

(C) Each department shall be required to update the division seal report regarding permit issuance activities pursuant to these rules, within twenty-four hours after the issuance of an installation permit.

(D) The division shall be provided with notification of changes in personnel of the department who enforce the rules of the division within thirty calendar days after such personnel changes have been made.

(E) The division may revoke a building department's certification following an investigation that establishes that the building department or its employees violated Chapter 4781. of the Revised Code or rules promulgated thereunder. The division may initiate an investigation on its own motion or upon receipt of a complaint. If the division proposes to revoke an inspector or a building department's certification, the division shall conduct a hearing pursuant to Chapter 119. of the Revised Code. If the division finds that the building department inspector or the building department has violated the rules, the division may revoke, suspend, issue a fine, or do a combination thereof. Any fine imposed cannot exceed one thousand dollars per violation per day. A building department employee inspector or the building department shall return the certification and identification card to the division within three business days after receipt of the division's order of revocation.

(F) A building department's certification shall be valid for three years. Each building department shall apply for renewal of its certification prior to the expiration date of its certification. If the building department fails to renew its certification on or before the expiration, it must submit a new application for certification in accordance with this rule. No building department or any of its employees may perform any duties for which a certification is required under this chapter until certification is renewed.

(G) Fees. There is no fee for a building department requesting division certification or renewal.

(H) A building department not certified by the board of building standards or health department may be certified by the division in accordance with this rule provided the following is submitted:

(1) Information required in paragraphs (B) to (F) of this rule;

(2) The following additional information:

(a) A copy of the ordinance/resolution creating the department, including the date established;

(b) An organizational chart of the department;

(c) List of employees or independent contractors who will be performing the inspections or plans review. A minimum of one inspector certified by the division, a back-up inspector certified by the division, and an electrical safety inspector (ESI) as employees or under contract are required;

(d) Copy(ies) of all contractual agreements, if any, regarding any persons or employee that will be providing inspections, plans review, electrical inspections, sewer connection inspections, and plumbing inspections.

(3) Fees. There is no fee for a building department not certified by the board of building standards or health department requesting division certification or renewal.

(I) If a building department not certified by the board of building standards or health department fails to renew its certification on or before expiration, it must submit a new application for certification in accordance with this rule. No building department, health department, or any of its employees may perform any duties for which a certification is required under this chapter until certification is renewed.

(J) After an investigation, if a finding of facts establishes that a building department or health department certified under paragraph (H) of this rule or any of their employees has not complied with Chapter 4781. of the Revised Code or the rules promulgated thereunder, the division may revoke the certification of the department. The division may initiate an investigation on its own motion or upon receipt of a complaint. If the division proposes to revoke the certification of an inspector employed by or retained by a building department or health department, the division shall conduct a hearing pursuant to Chapter 119. of the Revised Code. If the division finds that the department employee or inspector or the department has violated this chapter, the division may revoke, suspend, issue a fine, or a combination thereof. Any fine imposed cannot exceed one thousand dollars per violation per day. A department's inspector or the department shall return the certification and identification card to the division within three business days after receipt of the division's order.

(K) As it relates to installation inspections, there will be no exclusivity under the division's authority. A certified building department or certified health department may contract with a jurisdiction outside its respective political subdivision to perform non-exclusive manufactured home installation inspections in that political subdivision, but if so, must notify the division of the non-exclusive agreement and must provide a copy of the executed contract to the division prior to permitting/inspecting outside of its jurisdiction.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-7-05 Certified third-party inspection agencies.

(A) The division may contract with certified third-party inspection agencies to perform inspections or plan reviews. Trained division inspectors may also perform these functions.

(B) To become certified, third-party inspection agencies must provide the following information to the division:

(1) The name, address, and telephone number of the third-party inspection agency; names and addresses of all owners, shareholders, partners, limited liability companies, and/or directors with a five per cent share or larger of the business. If any of the owners, shareholders, partners, limited liability companies, and/or directors are corporately owned, the names and addresses must include the real persons' names through each layer of ownership.

(2) Provide notification of any felony conviction(s) to the division for all owners, partners, directors, and shareholders with a five per cent share or larger, as required by the division on a form provided by the division. The division may deny certification as a third-party inspection agency to any business with an owner, partner, director, and/or shareholder who has a felony conviction.

(3) Provide notification of any owners, shareholders, partners, limited liability companies, and/or directors who also have a five per cent share or larger in any manufactured home installation company, manufactured home retail lot, manufactured home development, manufactured home park, manufactured home manufacturer, or manufactured home equipment supplier. If any of the owners, shareholders, partners, limited liability companies, and/or directors are corporately owned, the names and addresses must include the real persons' names through each layer of ownership. The division may limit the jurisdictional area where the third-party inspection agencies may perform plan review or inspections of manufactured homes or deny certification as a third-party inspection agency based upon a conflict of interest.

(C) Third-party inspection agencies shall apply to the division for certification on a form approved by the division. Principals of a third-party inspection agency are required to have at least two years' experience in inspecting manufactured homes, have inspected at least fifteen manufactured homes, which must be verified by a previous employer who is certified as an inspection agency with the division, or other experience as approved by the division.

(D) Each third-party inspection agency shall be required to provide, within twenty-four hours of issuing a permit, updates to the seal report or any other information that is requested by the division as it relates to activities pursuant to this chapter for public viewing on the department's website at www.com.ohio.gov.

(E) Any third-party agency that enforces division rules shall notify the division of changes in personnel within thirty calendar days after such personnel changes have been made. Each third-party agency must have a minimum of one inspector certified by the division, a back-up inspector certified by the division, and an ESI as either employees or under contract.

(F) Third-party inspectors.

(1) Inspectors for certified third-party inspection agencies are subject to all the requirements for inspectors in rule 4781-7-02 of the Administrative Code. Inspectors for certified third-party inspection agencies can inspect the installation of a manufactured home and any elements that deal with installation of a manufactured home that are under the jurisdiction of the division and conduct plans reviews of the installation of manufactured homes.

(2) Third-party inspectors shall be held to the ethics standards for inspectors in accordance with rule 4781-7-06 of the Administrative Code. Third-party agencies that are not subject to the standards of the state ethics laws, including Chapter 102. of the Revised Code, shall be held to rule 4781-7-06 of the Administrative Code.

(G) A third-party inspection agency's certification is effective for three years. Each certified third-party inspection agency shall apply for renewal and pay a nonrefundable renewal fee in an amount set forth in paragraph (K) of this rule prior to the expiration date of the certification. All applications for renewal of expired certifications shall be processed as renewals during the one-year period following expiration. All applications for renewal of expired certifications submitted more than one year following the expiration shall be processed as a new application. The agency shall not perform any duties for which a certification is required while expired.

(H) A third-party inspection agency must maintain insurance and/or bonding requirements as prescribed by the division during the duration of the certification period. Failure to do so will cause the certification to be placed on inactive status, during which the agency shall not perform any duties for which a certification is required.

(I) No certified third-party inspection agency may contract with any political subdivision within the state to be the sole provider of manufactured home installation inspections or manufactured homes plan review.

(J) After an investigation, if a finding of facts establishes that a third-party inspection agency or any of its employees has not complied with Chapter 4781. of the Revised Code or the rules promulgated thereunder, the division may suspend or revoke the third-party agency's certification. The division may initiate an investigation on its own motion or upon receipt of a complaint. If the division proposes to suspend or revoke the agency's certification, the division shall conduct a hearing pursuant to Chapter 119. of the Revised Code. If the division finds that the third-party employee inspector or the third-party inspection agency has violated the rules, the division may suspend, revoke, issue a fine, or do a combination thereof. Any fine imposed cannot exceed one thousand dollars per day per violation. A third-party inspection agency shall return any certification and identification cards to the division within three business days after receipt of the division's order of revocation.

(K) Fees.

(1) The non-refundable fee for application or renewal for certification of a third-party inspection agency shall be three hundred dollars for each.

(2) Fees shall be made payable by check or money order to "Treasurer, State of Ohio," or by credit card. Any payment of fees may be subject to a convenience fee as charged to the division.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-7-06 Code of ethics for certified inspectors and/or certified plans reviewers.

(A) General.

(1) To safeguard the health, safety, and welfare of the public and the state of Ohio and to maintain integrity and high standards of skills and practice in the industry, manufactured home inspectors shall follow the rules of professional conduct under Chapter 4781. of the Revised Code and the rules promulgated thereunder, which shall be binding upon every person holding a certification as a manufactured home inspector in Ohio. In addition, certified manufactured home inspectors are required to meet the ethics of the state of Ohio ethics standards under Chapter 102. of the Revised Code.

(2) The manufactured home inspectors certified by the division are presumed to have knowledge of Chapter 4781. of the Revised Code and the rules promulgated thereunder regarding the installation of manufactured homes and the standards of conduct under this rule for certified manufactured home inspectors, and the certified manufactured home inspectors shall be forthright and candid in statements or written responses to the division or its representatives on matters pertaining to professional conduct.

(B) Code of ethics for certified manufactured home inspectors.

(1) The manufactured home inspector shall protect the health, safety, and welfare of the public and his or her colleagues in the performance of his or her professional duties. If a situation arises that threatens the health, safety, or welfare of the public or the certified manufactured home inspector's colleagues, the certified manufactured home inspector shall:

(a) Advise the licensed installer immediately and provide the installer an opportunity for timely correction of the violation(s);

(b) Notify the proper authority; and

(2) The certified manufactured home inspector shall undertake only those assignments that the certified manufactured home inspector is qualified by training, education, and experience to perform. If the competence of a certified manufactured home inspector comes into question, the certified manufactured home inspector shall cooperate in any investigation by the division.

(3) The certified manufactured home inspector shall be completely objective in any professional report, statement, or testimony.

(4) The certified manufactured home inspector shall at all times act with complete integrity for each client and shall be honest in all dealings with customers, the division, his or her colleagues, and the public.

(5) The certified manufactured home inspector shall respond promptly to all complaints.

(6) The certified manufactured home inspector shall keep current knowledge of the products, methods, techniques, and technology associated with the installation of manufactured homes and with related inspection practices.

(7) The certified manufactured home inspector shall not authorize or approve any installation by any non-homeowner other than a manufactured home installer licensed by the division.

(8) The certified manufactured home inspector who has knowledge or reason to believe that another person is violating any of the provisions of Chapter 4781. of the Revised Code or any provision of the rules promulgated thereunder shall immediately notify the division in writing.

(9) The certified manufactured home inspector shall not directly or indirectly receive, solicit, or request anything of value except normal, legal, and customary compensation for professional employment and services.

(10) The certified manufactured home inspector shall not falsify or misrepresent his or her professional qualifications, and shall not misrepresent or exaggerate his or her responsibilities, skills, or competency.

(11) The certified manufactured home inspector shall conduct every inspection in a professional manner with respect to the property being inspected. The certified manufactured home inspector shall not be required to perform any destructive testing.

(12) The certified manufactured home inspector shall not pass judgment on the value of a manufactured home or property or recommend the purchase of a manufactured home or property.

(13) Misrepresent his or her qualifications to the division in an application for certification under Chapter 4781. of the Revised Code or the rules promulgated thereunder.

(14) Certified manufactured home inspectors shall avoid conflicts of interest or activities that compromise or appear to compromise professional independence, objectivity, or inspection and/or plans review integrity.

(15) Certified manufactured home inspectors shall not inspect properties in which they have or expect to have a financial interest.

(16) Certified manufactured home inspectors shall not inspect properties under contingent arrangements whereby any compensation or future referrals are dependent on the certified manufactured home inspector approving the plans or issuing an inspection seal or issuing a temporary inspection seal and temporary occupancy permit or on the sale of a property.

(17) Certified manufactured home inspectors shall not accept compensation directly or indirectly for recommending contractors, services, or products to inspection clients or other parties having an interest in the manufactured home business or the related services or parties.

(18) Certified manufactured home inspectors shall not repair, replace, or upgrade a system or component of a manufactured home, or perform any other service not relating to an inspection of a manufactured home, for compensation or otherwise, for one year before or after the inspection for that property.

(C) Conviction of a felony or the revocation or suspension of a certification or license in another jurisdiction for conduct that would violate Chapter 4781. of the Revised Code or the rules promulgated thereunder if it occurred in the state of Ohio may be grounds for the division to charge the inspector with a violation of this rule.

(D) Each certified manufactured home inspector shall keep a true and accurate record of all inspections and business transactions relevant to the enforcement of Chapter 4781. of the Revised Code and the rules promulgated thereunder in the certified manufactured home inspector's business office. Such records shall be available during normal business hours for inspection and copying by the division, its staff, or its designee.

(E) The division may conduct a hearing pursuant to Chapter 119. of the Revised Code when any Ohio certified manufactured home inspector violates the division's rules. If the division finds that the inspector has violated the rules, the division may suspend, revoke, issue a fine, or do a combination thereof. Any fine imposed cannot exceed one thousand dollars per violation per day. An Ohio certified manufactured home inspector shall return his or her certification and identification card to the division within three business days after receipt of the division's order revoking the certification of the inspector.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-7-08 Duties and powers of the inspector.

(A) General.

(1) "Authority having jurisdiction" shall have the same meaning as defined in paragraph (B)(12) of rule 4781-6-03 of the Administrative Code.

(2) When under contract pursuant to paragraph (F) of rule 4781-07-01 of the Administrative Code, the authority having jurisdiction shall enforce Chapter 4781. of the Revised Code and the rules promulgated thereunder. The authority having jurisdiction and the inspector shall:

(a) Render interpretations of Chapter 4781. of the Revised Code and the rules promulgated thereunder. Such interpretations, policies, and procedures adopted by the authority having jurisdiction shall comply with the intent and purpose of Chapter 4781. of the Revised Code and the rules promulgated thereunder. Where there is a specific conflict, the division's interpretations of its statutes or rules shall be binding on the authority having jurisdiction.

(b) Adopt policies and procedures to clarify the application of Chapter 4781. of the Revised Code and the rules promulgated thereunder. Such policies and procedures shall not waive any of the requirements under Chapter 4781. of the Revised Code and the rules promulgated thereunder.

(B) Applications for permits and plans review.

(1) The authority having jurisdiction shall receive permit applications, review plans, and issue permits for the installation of manufactured homes in compliance with the provisions of Chapter 4781. of the Revised Code and the rules promulgated thereunder.

(2) The authority having jurisdiction shall issue all permits, approvals of plan reviews, directives, and/or all necessary notices or orders to ensure compliance with Chapter 4781. of the Revised Code and the rules promulgated thereunder.

(3) The authority having jurisdiction shall charge fees for permits, inspections, and plans review as set forth in rule 4781-7-10 of the Administrative Code unless alternate fees have been preapproved in writing by the division.

The authority having jurisdiction shall make all the required inspections and shall accept or reject any reports of inspection by approved agencies or by the person responsible for the installation of the manufactured home. Reports of inspections shall be in writing and be signed by the responsible officer of the approved agency or by the responsible person or approved agency.

(D) Identification. The inspector, upon request, shall present his or her division -approved credential when inspecting the installation of manufactured homes.

(E) Right of entry. Where it is necessary to make an inspection to enforce the provisions of Chapter 4781. of the Revised Code and the rules promulgated thereunder, or where the inspector has reasonable cause to believe that there exists in a manufactured home a condition in violation of Chapter 4781. of the Revised Code or the rules promulgated thereunder that renders the manufactured home unsafe, dangerous, or hazardous, the inspector shall be authorized to enter the manufactured home to inspect or perform his or her duties imposed by Chapter 4781. of the Revised Code or the rules promulgated thereunder, provided that credentials be presented and entry be requested of the installer, the owner, or other person having charge or control of the manufactured home. If entry is refused, the inspector shall have recourse to seek remedies provided by law to obtain entry and shall not enter until proper approval is granted.

(F) The authority having jurisdiction shall keep official records of applications received, permits and seals issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained pursuant to the records retention policy of the division. Upon termination of certification, all records must be delivered to the division's office as prescribed.

(G) Approved materials and equipment. Materials, equipment, and devices approved by the inspector shall be installed in accordance with such approval. Used materials equipment and devices shall not be reused unless approved by the inspector.

(H) Other designs, installations, or equipment.

(1) Alternative materials, design, and methods of installation or equipment.

(a) These rules do not prohibit the installation of any material or prohibit any design or method of installation that has not been specifically prescribed by Chapter 4781. of the Revised Code and the rules promulgated thereunder, as long as any alternative method, design, or material has been approved by the division and is in accordance with this chapter and meets or exceeds the minimum requirements adopted by the department of housing and urban development (HUD) and set forth in 24 C.F.R. 3285.

(b) Alternative materials, designs, or methods of installation shall be approved by the division only if the division determines that the proposed material, design, or method complies with the intent and the purpose of the provisions of Chapter 4781. of the Revised Code or the rules promulgated thereunder, and that the material, design, or method is being used for the purpose intended and is at least the equivalent of the standards prescribed in Chapter 4781. of the Revised Code and the rules promulgated thereunder and meets or exceeds the minimum requirements adopted by HUD and set forth in 24 C.F.R. 3285.

(c) Compliance with specific performance-based provisions of the HUD Manufactured Home Construction Safety Standards or the residential code of Ohio in lieu of specific requirements of these rules may be permitted as an alternative.

(2) Tests.

(a) Whenever there is insufficient evidence for compliance with the provisions of Chapter 4781. of the Revised Code and the rules promulgated thereunder or evidence that a material, design, or method does not conform to the requirements of Chapter 4781. of the Revised Code and the rules promulgated thereunder, the inspector or the division shall have authority to require tests of the proposed material, design, or method for evidence of compliance at no expense to the jurisdiction.

(b) Test methods shall be as specified in Chapter 4781. of the Revised Code and the rules promulgated thereunder or by other recognized test standards.

(c) Tests shall be performed by an agency approved by the Ohio board of building standards, HUD, or the division. In the absence of recognized and accepted test methods, the inspector or the division shall approve the testing procedures.

(d) Reports of tests shall be retained by the authority having jurisdiction in accordance with the records retention policy of the division.

(3) Submission of a valid research report from an evaluation service that supports the efficacy of use of any material, appliance, equipment, or method not specifically provided for in Chapter 4781. of the Revised Code and the rules promulgated thereunder, or that demonstrates compliance with Chapter 4781. of the Revised Code and the rules promulgated thereunder may be used as evidence of compliance with Chapter 4781. of the Revised Code and the rules promulgated thereunder.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-7-09 Applications for permit, plans review, and inspection seals.

(A) The division shall issue written permits, perform plans reviews, and conduct inspections for manufactured homes. A permit shall not be valid unless the permit is in writing and the non-refundable fees for inspections and the inspection seal have been paid.

(B) Any owner or installer or authorized agent of the owner or installer who intends to install a manufactured home or cause any work to be done on a manufactured home that is regulated by Chapter 4781. of the Revised Code or the rules promulgated thereunder, shall first make application for a permit and submit plans for approval.

(1) Identify and describe the work to be covered by the permit for which application is made;

(2) Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitively locate the proposed home site;

(3) Be accompanied by a foundation design, the plans to be approved, if any, and any other information as required by the division;

(4) Be signed by the applicant or the applicant's agent;

(5) Identify the installer or installers by name and license number; and

(6) Any other information required by the division.

(D) Plans review. The division shall examine or cause to be examined applications for permits and amendments to permits within a reasonable time after filing. If the application or other documents do not conform to the requirements of the pertinent laws, the division shall reject the application in writing and state the reasons for the rejection. If the division is satisfied that the work conforms to the requirements of Chapter 4781. of the Revised Code and the rules promulgated thereunder, the division shall issue a permit as soon as practicable.

(E) Time limitations. An application for a permit for any proposed work shall be deemed to have been abandoned after sixty days from the date of filing, unless the application has been pursued in good faith or a written permit has been issued; except the division may grant one extension of time in writing not to exceed sixty days. The extension shall be requested in writing and good cause demonstrated.

(F) Validity. The issuance or granting of a written permit shall not be construed as an approval of any violation of any of the provisions of these rules or of any other local ordinance or regulation. Permits presuming to give authority to violate Chapter 4781. of the Revised Code, the rules promulgated thereunder, or any other local ordinances or regulations shall not be valid. The issuance of a written permit based on approved plans, alternative design, or the manufacturer's installation manual and/or any other documents approved by the division shall not prevent the certified manufactured homes inspector from requiring the correction of errors in the approved plans, alternative design, or the manufacturer's installation manual and/or any other documents approved by the division. The inspector may prohibit occupancy of a manufactured home that is in violation of Chapter 4781. of the Revised Code or the rules promulgated thereunder.

(G) Expiration. Every permit shall become invalid after one hundred eighty days from the date of issuance or if the work authorized by a permit is suspended or abandoned for a period of more than sixty days after the date the work is commenced. The permit holder may request an extension of time to commence or finish the work authorized by the permit. Any extension of time is at the sole discretion of the division, and the request for the extension shall be made in accordance with applicable laws or the division's rules, policies, or procedures and shall not exceed one hundred eighty days.

(H) Suspension or revocation of a permit. In accordance with these rules, the inspector may suspend or revoke a permit issued under Chapter 4781. of the Revised Code or the rules promulgated thereunder, wherever the permit was issued in error, on the basis of incorrect, inaccurate, or incomplete information, or in violation of any of the provisions of Chapter 4781. of the Revised Code or the rules promulgated thereunder. All fees for inspections, permits, and/or inspection seals are non-refundable.

(I) Placement of permit. The manufactured home installation permit shall be conspicuously displayed on the front window of the manufactured home and the installation permit can be seen from a distance of twenty-five feet facing the frontage roadway, drive, or right of way. The installation permit shall be kept on the installation site until the inspector has issued and placed the inspection seal. Any plans, specifications, manufacturer's installation manuals, manufacturer's equipment specification sheets, cut-sheets, or any other documents pertinent to the installation of the manufactured home shall be kept on site for the inspector's review and use in the inspections to ensure that the manufactured home installation complies with the division's rules. The installer and the inspector shall agree on the placement of these documents to be kept on site in a secured and safe location. It is the responsibility of the installer to communicate with the inspector on the placement of these documents.

(J) Installation documents. The division may require the person applying for the permit to provide the original and a copy of the approved plans, approved alternative designs, or a copy of the manufacturer's installation manual or any other installation documents the division requests with each application for a permit. For the purpose of this rule, the term "installation documents" means, but is not limited to, floor plans and/or foundation design details. Designs contained in this standard, prepared by the manufactured home manufacturer's design approval primary inspection agency (DAPIA), or prepared by an Ohio registered engineer or architect shall be submitted where required. Where special conditions exist, the inspector may require additional documents to be prepared by an Ohio registered engineer or architect.

(K) Manufacturer's installation instructions for the manufactured home, tie downs, anchors, plumbing, mechanical, gas, electrical system details, and for any devices or proprietary systems used during the installation or for other equipment or devices installed shall be kept on the site.

(L) Areas prone to flooding. For manufactured home parks, the requirements under rule 4781-12-07.2 of the Administrative Code shall apply. For manufactured homes in flood hazard areas not located in manufactured home parks, the installer shall provide the following information:

(1) Delineation of flood hazard areas, floodway boundaries, and flood zones, and the design flood elevations as appropriate;

(2) The elevation of the proposed lowest floor including basement; in areas of shallow flooding (AO zones), the height of the proposed lowest floor including basement above the highest adjacent grade; and grade;

(3) The elevation of the bottom of the lowest horizontal structural member in coastal high hazard areas (v zone);

(4) If design flood elevations are not included on the community's flood insurance rate map, the inspector and the applicant for the permit shall obtain design flood elevation and floodway data available from other sources; and

(5) Additional requirements of the local flood plain authority or the Ohio department of natural resources, division of water.

(M) Site plan. The documents submitted with the application for permit shall be accompanied by a site plan showing the size and location of the manufactured home and existing structures on the site and distances from lot lines. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot.

(N) Before a permit is issued, the inspector shall examine or cause to be examined documents for compliance with Chapter 4781. of the Revised Code and the rules promulgated thereunder, the applicable standards, local ordinances, and the building code. When the division issues a written permit, the documents shall be approved in writing or by stamp. One set of documents so reviewed shall be retained by the division. The other set shall be returned to the applicant and shall be kept at the installation site and shall be open to inspection by the inspector or his or her authorized representative.

(O) Amended construction documents. Amended construction documents must be approved prior to the work being completed. Any work performed prior to approval by the division is at the risk of the owner/installer and may not get an approval.

(P) Retention of documents. One set of approved installation documents shall be retained by the division in accordance with the division's records retention policy.

(Q) Fees.

(1) A permit shall not be valid until all fees have been paid. Nor shall an amendment to a permit be released until the additional fee, if any, has been paid. On electrical, gas, mechanical, and plumbing system installations, a fee for each permit type shall be paid in accordance with the schedule set forth in rule 4781-7-10 of the Administrative Code unless preapproved in writing by the division.

(2) If the installation of a manufactured home has commenced or been completed prior to the application for the permit or the issuance of a written permit by the division, the division may assess an additional fee not to exceed the actual cost to determine compliance but in no case shall exceed one and one-half times the permit fee and the inspection fees.

(3) There is no general refund policy, however, the authority having jurisdiction may establish its own refund policy.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-7-10 Fees.

Non-refundable fees charged for plans reviews and inspections shall be as follows:

(A) The fee for plans review shall be fifty dollars.

(B) The fee for footing inspection shall be one hundred dollars.

(D) The fee for electrical safety inspection shall be one hundred dollars.

(E) The fee for additional inspections to ensure compliance with Chapter 4781. of the Revised Code and/or the rules promulgated thereunder shall be one hundred dollars per additional inspection, where the additional inspection is performed on a separate trip to the manufactured home from the inspections in paragraph (A), (B), or (C) of this rule. Examples of such additional inspections include but are not limited to: re-inspections, existing footing inspections, site preparation inspections, plumbing inspections, mechanical inspections, electrical inspections, sewer connection inspections, and inspections as required by the inspector having jurisdiction, or as requested by the licensed installer, homeowner, or designee.

(F) The fee for an inspection seal shall be one hundred dollars. There is no fee for a replacement of the inspection seal.

(G) The fee for temporary occupancy permit shall be seventy-five dollars. There is no fee for a replacement occupancy permit.

(H) All fees shall be paid by check or money order payable to "Treasurer, State of Ohio" or by credit card. Any payment of fees may be subject to a convenience fee as charged to the division.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-7-11 Temporary manufactured home inspector certification for members of the military and their spouses.

As provided in section 4743.041 of the Revised Code, temporary certifications for manufactured home inspectors shall be issued in accordance with Chapter 1301:3-9 of the Administrative Code.

Last updated October 28, 2022 at 12:56 AM

History

Effective: October 28, 2022
Promulgated Under: 119.03

Chapter 4781-8 Installers

Ohio Adm.Code 4781-8-01 Installer licenses; application; identification cards and certificates.

(A) The division shall govern the issuance, revocation, and suspension of licenses to manufactured home installers. No person shall install a manufactured home in Ohio without having a valid license from the division except as provided for under rule 4781-8-05 of the Administrative Code.

(B) An application shall be on a form the division prescribes and shall provide the following information:

(1) A check or money order made payable to "Treasurer, State of Ohio," or payment by credit card in the amount set forth in paragraph (G) of this rule, along with any additional convenience fee set forth in paragraph (G) of this rule;

(2) Applicant's name and mailing address;

(3) Applicant's date of birth;

(4) A passport-size photograph with an original signature on the back, or a clear copy of a state driver's license or state identity card;

(5) A list of other states in which the applicant holds an installer's license and a copy of those licenses;

(6) A list of the five most recent manufactured homes or home components that the applicant has installed in Ohio, including the name, mailing address, and telephone number of the homeowner;

(7) Three references from persons who are licensed installers; retailers; manufacturers; or manufactured home park operators, design professionals, or certified manufactured home inspectors familiar with the applicant's installation work experience and competency;

(8) A notarized statement from a supervisor, or another responsible person, attesting to the applicant's experience installing manufactured homes for at least one year, including the name, mailing address, and telephone number of the applicant's supervisor, or another responsible person on the most recent project;

(9) A certificate of completion demonstrating that the applicant has completed an installation training course approved by the division within one year of the date of the application;

(10) Examination.

(a) The applicant shall take and pass the installation examination, as set forth in rule 4781-8-07 of the Administrative Code.

(b) The applicant shall provide evidence of passing the installation examination as set forth in rule 4781-8-07 of the Administrative Code.

(11) Evidence of compliance with section 4123.35 of the Revised Code with respect to the payment of premiums for workers' compensation. Evidence may include a legible copy of the workers' compensation certificate with number visible;

(12) A statement regarding felony convictions;

(13) Evidence that the applicant or his or her employer has insurance or a surety bond covering the applicant and issued by a company authorized to do such business in Ohio. The policy shall have terms and conditions approved by the division and shall contain the following provisions:

(a) Coverage in the form of a division -approved surety bond in the amount of twenty-five thousand dollars; or

(b) An installer may have an approved three hundred thousand dollar general liability policy if the applicant also has an approved ten thousand dollar surety policy; or

(C) Incomplete applications shall be held open for six months following notification of incomplete requirements by regular mail, facsimile, or email. After five months, a final notice of incomplete application shall be mailed by certified mail, return receipt requested. If at the end of the six-month period the application remains incomplete, it shall be considered abandoned, and the applicant shall be required to submit a new application, including any fees.

(D) Upon approval of an applicant, the division shall prepare and provide each license holder a license identification card. No person shall make any alterations on a license identification card.

(1) The license shall contain the licensee's name, address, license number, date of expiration, and bear the signature of the superintendent or the superintendent's designee and be affixed with the state seal of the department of commerce. Official identification cards shall be proof of valid license and shall be made available upon request by any person at each installation.

(2) An identification card or license shall be reprinted by the division due to a licensee's name change, as long as the original is returned to the division along with a nonrefundable fee as set forth in paragraph (G) of this rule, if any.

(3) A fee for any application for license renewal in an amount as set forth in paragraph (G) of this rule.

(E) No installer's license shall be transferred to another person.

(F) A manufactured home installer's license by operation of law expires two years after the date of issuance as it falls into the division's prescribed renewal dates.

(G) Fees.

(1) The initial installer's license fee shall be two hundred fifty dollars.

(2) There shall be no fee to replace a license.

(3) The installer's renewal fee shall be two hundred fifty dollars.

(4) The installer's late renewal fee to be paid in addition to the renewal fee shall be one hundred dollars.

(5) Any payment of fees may be subject to a convenience fee as charged to the division.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-8-02 Non-resident installers.

(A) If an applicant for an Ohio installer's license lives in a state with which Ohio has entered into a reciprocal licensing agreement, the division may waive the testing and training requirements for a non-resident provided the applicant holds a valid manufactured homes installer's license issued by a state with which the division has entered into a reciprocal licensing agreement.

In such circumstance, the non-resident installer may apply for a license by submitting a division approved application for a license by reciprocity to the division that includes a copy of the applicant's current license and proof that the license is not under suspension or probation and has not been revoked, and shall be accompanied by a fee in the amount as set forth in rule 4781-8-01 of the Administrative Code. A non-resident installer application for licensure shall be reviewed by the division.

(B) If an applicant for an Ohio installer's license lives in a state with which Ohio has not entered into a reciprocal licensing agreement, the division, in its discretion, may issue an Ohio license to such non-resident applicant if:

(1) The applicant holds a license from a state that maintains licensure requirements considered by the division to be comparable to those of the state of Ohio;

(2) The applicant has submitted a completed division -approved application form to the division along with proof that the applicant's license has not been revoked and is not currently under suspension or any disciplinary sanctions;

(3) The applicant pays a nonrefundable fee in the amount set forth in paragraph (G) of rule 4781-8-01 of the Administrative Code;

(4) Passed the installer's examination as set forth in rule 4781-8-07 of the Administrative Code; and

(5) Obtains approval of the division to be licensed as an installer in Ohio.

(C) Applicants for Ohio licenses that do not live in states in which Ohio has a reciprocal licensing agreement, or live in states that the division has determined do not have comparable licensing requirements, shall apply for an Ohio license in accordance with rule 4781-8-01 of the Administrative Code and shall be required to meet all of the criteria for licensing in Ohio.

(D) All non-resident installers shall notify the division of any change in address or residency status. A licensed non-resident installer who establishes permanent residency in the state of Ohio shall, upon expiration of the non-resident license, be required to apply for a new license in accordance with rule 4781-8-01 of the Administrative Code.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-8-03 Denial, revocation, suspension of licenses.

(A) The division may deny, suspend, revoke, or refuse to renew the license of any manufactured home installer for any of the following reasons:

(1) Failure to meet the requirements for a license or renewal of a license under section 4781.08 of the Revised Code;

(2) Failure to meet the continuing education requirements for renewal of a license under section 4781.10 of the Revised Code;

(3) Violation of Chapter 4781. of the Revised Code or the rules promulgated thereunder;

(4) Misrepresent the applicant's qualifications or makes any misrepresentation in an application for a license or renewal of a license;

(5) Installing manufactured homes in Ohio without an active license or without being under the supervision of a licensed manufactured housing installer;

(6) Fail to cooperate in an investigation or fail to comply with any final adjudication order of the division issued pursuant to this chapter;

(7) Been convicted of a crime of moral turpitude or a disqualifying offense as those terms are defined in section 4776.10 of the Revised Code. Disqualifying offenses must bear a direct nexus to the employment sought, as determined by the division or the division's designee. Disqualifying offenses include:

(a) Forgery (section 2913.31 of the Revised Code);

(b) Trademark counterfeiting (section 2913.34 of the Revised Code);

(d) Receiving stolen property (section 2913.51 of the Revised Code);

(e) Bribery (section 2921.02 of the Revised Code);

(f) Theft in office (section 2921.41 of the Revised Code);

(g) Having an unlawful interest in a public contract (section 2921.42 of the Revised Code);

(h) Soliciting or accepting improper compensation (section 2921.43 of the Revised Code);

(i) Engaging in a pattern of corrupt activity (section 2923.32 of the Revised Code);

(j) Money laundering (division (A) of section 1315.55 of the Revised Code); or

(k) Criminal negligence (section 2901.21 of the Revised Code).

(8) Having had a license revoked or denied under paragraphs (A)(2) to (A)(13) of this rule, by the division during the preceding two years;

(9) Having had a license revoked, suspended, or denied by another state or jurisdiction within the preceding two years;

(10) Engage in conduct in another state or jurisdiction that would violate Chapter 4781. of the Revised Code if committed in this state;

(11) Fail to provide written notification of installation to a county treasurer or auditor in violation of division (D) of section 4781.11 of the Revised Code;

(12) Violation of the code of ethics for manufactured home installers; or

(13) Fail to supervise an installation of an unlicensed person who is performing work on behalf of the licensee.

(B) In addition to or in lieu of suspending, revoking, or refusing to renew a manufactured home installer's license for violation of Chapter 4781. of the Revised Code or any rule adopted thereunder, the division may impose a fine not exceeding one thousand dollars per violation per day.

(C) Any person whose license or license application has been revoked, suspended, denied, not renewed, or upon whom a civil penalty is imposed under this rule may request an adjudication hearing on the matter. The request for an adjudication hearing must be received by the division within thirty days from the date the notice of the action was mailed. The hearing shall be held in accordance with Chapter 119. of the Revised Code. A licensee or applicant adversely affected by an adjudication order issued pursuant to this rule shall have a right to appeal pursuant to section 119.12 of the Revised Code.

(D) Reapplication after revocation, denial, or suspension.

(1) Any person whose license has been revoked may apply for a new license two years after the date on which the license was revoked.

(2) Any person whose license has been suspended for a period determined by the division may apply for renewal of the license within thirty days of the end of the suspension period.

(3) Any person whose license has been denied under paragraphs (A)(2) to (A)(13) of this rule may apply for a license two years after the date on which the license was denied.

(E) Upon revocation or non-renewal, the person shall return the license certificate and identification card to the division within three days after receipt of the notice of revocation or non-renewal.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-8-04 License renewal.

(A) A licensee shall apply for renewal prior to the date of expiration of the license. A licensee who installs manufactured homes in Ohio after the license has expired is in violation of paragraph (A) of rule 4781-8-01 of the Administrative Code.

(B) The division shall provide notice to the licensee of the need for renewal of the license. The notice and an accompanying renewal application shall be provided to the licensee by regular mail, facsimile, or email to the licensee's address in the division's records at least thirty days prior to the expiration of the license.

(1) Submits the renewal form and the renewal fee, or late fee as set forth in paragraph (G) of rule 4781-8-01 of the Administrative Code, if any, prior to the license date of expiration or, for applications completed on-line, by midnight on or before the date of expiration or earlier with the renewal fee;

(2) Signs a statement regarding felony or other criminal convictions;

(3) Demonstrates compliance with the requirements of Chapter 4781. of the Revised Code and rules promulgated thereunder;

(4) Provides proof of insurance as set forth in paragraph (B)(13) of rule 4781-8-01 of the Administrative Code;

(5) Meets the division's continuing education requirements.

(D) Late applications.

Any renewal application that is postmarked or completed on-line after the renewal deadline shall include the renewal fee and late fee, as set forth in paragraph (G) of rule 4781-8-01 of the Administrative Code.

(E) Each licensee who complies with the renewal requirements shall receive a new identification card and license with a new expiration date.

(F) Failure to timely renew.

(1) A licensee who fails to renew in accordance with the division's rules after the renewal deadline, shall be automatically placed on lapsed status. If a licensee fails to reactivate their license under lapsed status within twenty-four months, the licensee shall be required to reapply in accordance with rule 4781-8-01 of the Administrative Code including all applicable fees.

(2) "Good cause" waivers or extensions.

(a) The division may extend the renewal period and may waive the late renewal fee in cases of certified illness, disability, military service, foreign residence, or for good cause that prevents timely renewal. Waivers or extensions of time shall be determined by the division or its designee on a case-by-case basis.

(b) If the division grants an extension of time for renewal, the license shall not be reissued until the licensee has completed the renewal process required by the division.

(c) For the purpose of this rule, "good cause" means any non-reoccurring facts or circumstances outside the control of the licensee that hindered or prevented the licensee from renewing in a timely manner.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-8-05 Installation, foundation, and base support system construction work performed by unlicensed persons.

Except as provided in rule 4781-8-05.1 of the Administrative Code, no person shall install a manufactured home or perform foundation and base support system construction in Ohio unless licensed by the division or under the supervision of a licensed installer. A licensed manufactured home installer will be responsible for any installation tasks, including foundation and base support system construction work, that an unlicensed person performs on a manufactured home.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-8-05.1 Installation performed by a homeowner.

Notwithstanding rule 4781-8-05 of the Administrative Code, a homeowner may install a manufactured home for the person's own occupancy if the manufactured home is located on property that the person owns and the home is not located in a manufactured home park. The homeowners must be responsible for all work themselves; however, they may contract out portions of the work to a division-licensed installer who is currently active, and all contracted work must be identified and agreed upon, in writing, on a form prescribed by the division. The division reserves the right to investigate a complaint against a licensed installer for specific work performed if the scope of work is outlined as the installer's responsibility in writing.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-8-06 Education for applicants.

(A) General education requirements for installer's license applications.

(1) An applicant shall successfully complete twelve hours of initial licensing education as set forth in paragraph (A)(2) of this rule. The required education shall be completed within one year of the date of application. Credit shall only be given for courses that have been approved by the division.

(2) The curriculum of any initial licensing education course shall include instruction in the following areas:

(a) Ohio law governing manufactured home installation;

(b) Manufacturers' installation manuals and requirements;

(d) Installation of foundation systems, including calculation of loads from roof to column to footing, and calculation of footing size;

(e) Blocking, perimeter support, and leveling of manufactured homes;

(f) Connections of sections and components;

(g) Installation of anchoring systems and components;

(h) Installation of vapor barriers, curtain walls, access, and ventilation for crawl space areas;

(i) Instruction in all areas included on inspection checklists on forms provided by the division;

(j) Work place safety for installers; and

(k) Code of ethics for installers.

(3) Licensing courses shall help ensure that applicants possess the knowledge, skills, and competence necessary to function as manufactured homes installers in a manner that protects and serves the public interest.

(4) Any course that is to be conducted in Ohio or primarily for the benefit of Ohio applicants shall accurately and completely address any unique Ohio laws, codes, rules, customary practices, or approved methods, relevant to the subject matter being taught.

(5) No licensing course instructor shall instruct students in any manner or on any subject that is in contradiction to any statute, court decision, administrative rule, or order that has been issued by the division.

(B) Application of prospective training agencies to offer initial licensing education courses.

(1) Prospective training agencies of initial licensing courses shall follow the same application procedure set forth in rules 4781-9-01 and 4781-9-03 of the Administrative Code for prospective training agencies of continuing education courses, including payment of a nonrefundable fee of twenty-five dollars in the form of a check or money order payable to "Treasurer, State of Ohio," or by credit card. Any payment of fees may be subject to a convenience fee as charged to the division. The division will not review applications that are not accompanied by all applicable fees.

(2) The division or its designee shall notify the prospective training agency whether it has been approved or disapproved within sixty business days after receipt of the application. The division shall approve applications that satisfy the requirements of rules 4781-9-01 to 4781-9-03 of the Administrative Code. A training agency is approved for a period of one year.

(1) The training agency may establish a fee for students taking a course. The fee shall be all-inclusive, and no separate or additional fee may be charged to students for providing course materials, providing course completion certificates, reporting course completion to the division, or for recouping similar routine administrative expenses. The total amount of any fees to be charged shall be included in any advertising or promotional materials for the course.

(2) The fees for each initial licensing education course and for the annual approval of each training agency shall be the same as the fees described in rule 4781-9-05 of the Administrative Code.

(D) Advertising of courses; solicitation of students.

(1) Training agencies shall not use false or misleading advertisements. Advertising shall be in accordance with the provisions of rule 4781-9-01 of the Administrative Code.

(2) If the number of licensing education credit hours awarded by the division for a course is less than the number of scheduled hours for a course, then any advertisements or promotional materials must clearly specify the number of division -awarded credit hours for that course.

(3) Training agencies shall provide any prospective student with a description of the course content if requested.

(4) Training agencies shall specify their refund and cancellation policies in any promotional materials.

(5) Training agencies and instructors may have unapproved material, pamphlets, and brochures available for purchase by students, but classroom time may not be used to promote or sell any materials, or to solicit membership or affiliation in any business or organization.

(6) Distance learning courses shall comply with the provisions of rule 4781-9-03 of the Administrative Code for continuing education distance learning courses.

(E) Course scheduling; notice to the division.

(1) Courses shall be limited to a maximum of eight classroom hours of instruction per day. A classroom hour consists of at least fifty minutes of instruction. The maximum amount of instruction time without a break is limited to ninety minutes, and any course scheduled for four or more hours must include a meal break of at least one hour. The provisions of this rule do not apply to self-paced distance learning courses.

(2) At least ten days before commencement of a schedule course, written notice shall be provided informing the division of the scheduled course, including the training agency's name and assigned number, the name and assigned number for the course, the scheduled date and time, specific location(s), and the name of the instructor.

(3) If there are schedule changes or a cancellation of a course, then at least five calendar days before the originally scheduled course start date, the division shall be given notice of the changes or cancellation. If the change or cancellation is due to unforeseen circumstances, then the training agency shall notify the division the next business day.

(F) Training agencies shall comply with the requirements of paragraph (K) of rule 4781-9-01 of the Administrative Code for students with disabilities.

(G) Course completion reporting.

(1) A training agency shall provide to the division a roster of all individuals that have successfully completed an approved initial licensing education course and the fees required by paragraph (B) of this rule. The roster and the required fees must be submitted within fourteen business days of the date of completion of the course. The roster shall be provided to the division on the form prescribed by the division or via any other means of electronic transmission that the division deems appropriate. The training agency shall maintain a copy of every roster for a period of three years after each course is held. Failure to properly report may result in revocation of approval or non-renewal of a training agency or course for initial licensing education.

(2) The training agency shall also provide a certificate of completion to the student who satisfactorily completes a course within fifteen days of completing the course. The certificate may be used by the applicant as proof of having completed the course.

(3) The division shall be provided reports on any applicant who does not satisfactorily complete a course. The training agency shall not provide a certificate of completion, or report the student as having completed the course, if the student fails to satisfy the requirements of this rule.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-8-07 Examination for installers or inspectors.

(A) An applicant to become a licensed manufactured home installer or certified manufactured home inspector shall contact and arrange with an approved state licensing examination provider for taking the examination. The applicant shall receive a passing score on the state exam within one year of the date of the application.

(B) The state licensing or certification examination shall include, but not be limited to:

(1) Ohio law governing manufactured home installations;

(2) Manufacturer installation manuals and requirements;

(3) Preparation of the manufactured home site, including drainage;

(4) Installation of foundation systems, including calculation of loads from roof to column to footing and calculation of footing size;

(5) Blocking, perimeter support, and leveling of manufactured homes;

(6) Connections of sections and components;

(7) Installation of anchoring systems and components;

(8) Installation of vapor barriers, curtain walls, access, and ventilation for crawl space areas;

(9) Instruction in all areas included on inspection checklists as provided by the division;

(10) Work place safety for installers or inspectors; and

(11) Code of ethics for installers or code of ethics for inspectors, whichever is applicable.

(1) The licensing or certification examination provider shall provide the division with a report of all examination results within fifteen business days of the examination. The report shall contain the following:

(a) The date of the exam;

(b) The applicant's name and date of birth;

(d) All examination pass or fail results.

(2) The examination provider may notify the applicant of their own results of the examination; however, only the report sent directly to the division shall be used to determine if the applicant has attained a passing score on the examination.

(D) A minimum score of seventy per cent on the examination, in addition to compliance with the requirements of rule 4781-9-01 of the Administrative Code is required before the division may issue a license to an applicant. The division or its designee shall notify any individual who has failed to attain a minimum score of seventy per cent.

(E) The testing agency shall provide an examination under the following conditions:

(1) The examination shall be subject to review by the division or its designee;

(2) The examination shall have documented statistically justifiable, objective, and valid questions;

(3) The examination shall use multiple versions of the examination and its questions;

(4) The testing agency shall be able to ensure the security of the examination and its questions;

(5) The testing agency shall verify the identity of the individual taking the examination;

(6) The examination shall be multiple-choice;

(7) The examination shall contain items from each of the subject areas discussed in the installation class requirements and the inspection checklists;

(8) Locations for examinations shall have seating availability such that any applicant who is an Ohio resident shall be able to take an exam at a location within one hundred miles of the applicant's Ohio residence within a three-month period; and

(9) Regardless of additional locations, examinations shall be offered in Franklin county a minimum of four times a year.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-8-08 Complaints against licensees.

(A) Any person who believes that a licensee has violated any provision of Chapter 4781. of the Revised Code or rules promulgated thereunder, may notify the division in writing or by phone.

(B) Upon receipt of a complaint against a licensee, the division or its designee shall follow the following procedure:

(1) Review the complaint to determine if further information or investigation is needed; or

(2) If further investigation is needed, the division or its designee shall investigate the matter and report its initial findings to the superintendent or his or her designee who shall then make a determination whether the complaint should be:

(a) Closed with no further action;

(b) Referred for further investigation; or

(C) The division or its designee may initiate an investigation of a licensee on its own motion to determine whether the licensee is in compliance with Chapter 4781. of the Revised Code and the rules promulgated thereunder.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-8-09 Examination development.

(A) The division may contract with recognized national testing service providers to administer the examinations for the Ohio manufactured homes installer license and the Ohio manufactured homes inspector certification. The examinations shall demonstrate that the applicant has knowledge of Chapter 4781. of the Revised Code and the rules promulgated thereunder. The division may, at any time, review the content of the examinations.

(B) Each examination provider shall ensure that:

(1) Examinations shall consist of statistically justifiable, objective, and valid multiple-choice questions that address each of the subject areas covered in the installation training course and division-approved inspection checklists;

(2) Each examination shall have multiple versions, each of which shall be of equal validity, objectivity, and difficulty;

(3) Examinations shall be kept in a secure location;

(4) The identity of the individual taking the examination shall be verified;

(5) The examination shall be designed so as to take an installer or inspector of average ability no more than two hours to complete the examination; and

(6) Within fifteen business days after completion of the examination, the division shall be provided with the examination results for each applicant.

(1) The installer examination and inspector examination shall be offered in Franklin county no less than four times in each calendar year.

(2) In addition to the requirement set forth in paragraph (C)(1) of this rule, the examinations may at the discretion of the division also be offered in as many other Ohio counties as is necessary to ensure that applicants have the option, at least once every three months, to take the examination at a location that is no more than one hundred miles from their Ohio residence.

(3) All examinations shall be conducted in facilities that:

(a) Accommodate all enrolled applicants for the examination comfortably;

(b) Shall be equipped with student desks, worktables with chairs, or other seating arrangements that provide a surface whereby the applicants can sit and write;

(d) Have, if necessary, a public address system such that all applicants can hear examination instructions and announcements;

(e) Shall be free of distractions that could disrupt the examination; and

(f) Comply with the "Americans with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C. 12101, or other laws requiring examination providers to accommodate persons with disabilities.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-8-10 Code of ethics for licensed manufactured home installers.

(A) General.

(1) To safeguard the health and safety of the public and the state of Ohio and to maintain integrity and high standards of skills and practice in the manufactured home installer industry, the following rules of professional conduct, promulgated in accordance with Chapter 4781. of the Revised Code, shall be binding upon every person holding a license as a manufactured home installer in Ohio.

(2) The manufactured homes installer is charged with having knowledge and understanding of Chapter 4781. of the Revised Code and rules promulgated thereunder for his or her conduct as an installer. Such knowledge shall encompass the understanding that the installation of manufactured homes is a privilege, as opposed to a right, and the licensee shall be forthright and candid in statements or written responses to the division or its designee on matters pertaining to professional conduct.

(B) Code of ethics for manufactured homes installers.

(1) The manufactured home installer shall protect the health and safety of the public and colleagues in the performance of professional duties. If a situation arises that threatens the health and safety of the public or the installer's colleagues, the installer shall:

(a) If an inspector advises an installer of a situation or deficiency, the installer shall correct the situation or deficiency immediately and notify the person or entity that gave rise to the situation that correction is required;

(b) Refuse to proceed with the installation involved;

(c) Notify the proper authority, if in the installer's opinion, the situation is significantly important or dangerous; and

(d) Immediately notify the division if the situation involves the professional conduct of another licensee and/or inspector.

(2) The manufactured home installer shall undertake only those assignments that the licensee is qualified by training, education, and experience to perform. An installer must submit an estimate of the cost of an installation prior to undertaking performance. The installer must provide a homeowner-installer agreement on a form prescribed by the division prior to commencement of work. If the competence of an installer comes into question, the division shall require that licensee to cooperate in any investigation by the division.

(3) It shall be the duty of every installer who performs work on the installation of the manufactured home, including but not limited to, structure, foundation, tie downs, blocking, leveling, weatherproofing, electrical, gas, plumbing, sewer connections, or mechanical systems, to guarantee that the work complies with Chapter 4781. of the Revised Code and the rules promulgated thereunder.

(4) The manufactured home installer shall only express an opinion as a technical or expert witness before any court or quasi-judicial proceeding regarding the subject matter of manufactured housing, if the installer's opinion is based on adequate information, a competent technical background on the subject matter, and upon an honest conviction as to the propriety of the opinion.

(5) The manufactured home installer shall at all times act with complete integrity for each client and shall be honest in all dealings with customers and the public.

(6) The manufactured home installer shall respond promptly to all complaints.

(7) The manufactured home installer shall maintain current knowledge of the products, methods, techniques, and technology associated with the installation of manufactured homes and with related business practices.

(8) The manufactured home installer shall recognize and not fail in his or her responsibility to supervise unlicensed installers, or knowingly permit unlicensed installations to occur without the supervision of a licensed installer.

(9) The manufactured home installer who has knowledge or reason to believe that another person or firm is guilty of violating any of the provisions of Chapter 4781. of the Revised Code or the rules promulgated thereunder, shall immediately notify the division.

(10) The manufactured home installer shall not, directly or indirectly, pay, solicit, or offer any bribe or payment for professional employment or to influence inspection results.

(11) The manufactured home installer shall not falsify or permit misrepresentations of his or her professional qualifications, and shall not misrepresent or exaggerate the responsibility or the skills and competency required for any employment or any installations.

(12) The manufactured home installer shall ensure that any advertisements, brochures, or other solicitations for employment do not misrepresent pertinent facts concerning employers, employees, associates, joint ventures, or past accomplishments with the purpose of enhancing qualifications or work experience.

(C) Conviction of a felony or the revocation or suspension of a license in another jurisdiction for conduct that would violate any part of this rule if it occurred in the state of Ohio may be grounds for the division to charge the licensee with a violation of this rule.

(D) A person shall return his or her license and identification card to the division within three business days after receipt of notice of revocation, or non-renewal.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-8-11 Adjudication hearings.

(A) General.

The division shall determine the need for adjudication hearings in accordance with sections 119.06 to 119.13 of the Revised Code.

(1) After a denial, revocation, or suspension of a license issued pursuant to Chapter 4781. of the Revised Code, the division shall notify the licensee or applicant of his or her right to request a hearing. The notice shall be in writing and sent by certified mail, return receipt requested.

(2) The notice shall include:

(a) The charges or reasons for the denial, suspension, or revocation;

(b) The applicable laws or rules directly involved; and

(i) The licensee or applicant is entitled to a hearing if the request for a hearing is received by the division within thirty days from the date the notice of the action was mailed;

(ii) The licensee or applicant may appear in person or be represented by an attorney;

(iii) The licensee or applicant may choose to present their position, argument, or contentions in writing; and

(iv) The licensee or applicant may present evidence, examine witnesses appearing on the licensee or applicant's behalf, and cross-examine the division's witnesses at the hearing.

(3) If the division receives a request for hearing within thirty days from the date the notice of action was mailed, the division or its superintendent shall immediately set the date, time, and location of the hearing. The date set for hearing shall be within seven and fifteen days of receiving the request for hearing, unless continued by the division on its own motion or continued by agreement of both parties.

(4) The superintendent may issue subpoenas for any witnesses or to compel the production of any books, records, or papers in accordance with Chapter 119. of the Revised Code upon request of the licensee, applicant, or legal counsel to the division. Such request for subpoenas shall be made no later than fourteen days prior to the date of the adjudication hearing, if the party requesting the subpoena is notified of the hearing date more than fourteen days before the hearing is scheduled. If the party requesting the subpoena is notified of the hearing date less than fourteen days before the hearing is scheduled, he or she shall notify the superintendent or the superintendent's designee of his or her desire to request a subpoena. The superintendent or his or her designee shall then determine whether sufficient time remains before the hearing to issue the subpoenas being requested or whether the hearing should be continued. The service and enforcement of subpoenas shall be made in accordance with Chapter 119. of the Revised Code.

(5) A licensee, applicant, or representative of the licensee or applicant may request a continuance of the scheduled hearing by submitting a written request no later than fourteen days prior to the scheduled hearing date, or within three days of receipt of notice of the hearing date, whichever is later. The superintendent or his or her designee may grant a continuance upon good cause.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-8-12 Temporary manufactured home installer license for members of the military and their spouses.

As provided in section 4743.041 of the Revised Code, temporary licenses for manufactured home installers shall be issued in accordance with Chapter 1301:3-9 of the Administrative Code.

Last updated October 28, 2022 at 5:34 AM

History

Effective: October 28, 2022
Promulgated Under: 119.03

Chapter 4781-9 Training Agencies

Ohio Adm.Code 4781-9-01 Continuing education general provisions.

(A) Generally.

(1) Continuing education courses for manufactured homes installers and certified inspectors shall ensure that licensees possess the knowledge, skills, and competence necessary to function as manufactured homes installers or certified inspectors in a manner that protects and serves the public interest. The knowledge or skills taught in any continuing education course shall enable the licensee or certified inspector to better serve manufactured homes consumers and shall be directly related to manufactured homes installation or inspection operations.

(2) Any continuing education course that is conducted in Ohio or primarily for the benefit of Ohio licensees or inspectors shall accurately and completely address any unique Ohio laws, codes, rules, customary practices, or approved methods, relevant to the subject matter being taught.

(3) No continuing education course instructor shall instruct students in any manner or on any subject that contradicts any statute, court decision, administrative rule, or order that has been issued by the division.

(4) Continuing education may include any division-approved classroom, independent, distance, or field study. A course that includes field coursework shall also include at least two continuing education credit units of home installation or inspection with hands-on, direct experience using all tools, customary practices, and approved methods, specifically relevant to the installation or inspection of manufactured homes, as well as instruction as to the safe use of such procedures and tools. To be considered for approval as a field safety course, at least two hours of continuing education units shall be devoted to field safety practices.

(5) "Good cause" waivers or extensions.

(a) The division may waive any portion of the continuing education hours requirements or the rules promulgated thereunder in cases of certified illness, disability, military service, foreign residence, or for good cause that prevents the attendance of approved continuing education courses by a person holding a license or certification pursuant to Chapter 4781. of the Revised Code or extend the time for the licensee or inspector to complete the required continuing education requirements if the licensee or inspector has substantially met the other renewal requirements as set forth in Chapter 4781. of the Revised Code and the rules promulgated thereunder. Continuing education waivers or extensions of time to complete the required continuing education requirements shall be determined by the division or its designee on a case-by-case basis.

(b) If the division grants an extension of time to complete the continuing education requirements and the license has expired, such license shall not be reissued until the licensee has completed the required continuing education requirements.

(c) For the purpose of this rule, "good cause" means any non-reoccurring facts or circumstances outside the control of the licensee or inspector that hindered or prevented the licensee from completing the required hours of continuing education for the renewal of the license or certification by the expiration of the license or certification.

(6) Pursuant to Chapter 4781. of the Revised Code, if the continuing education requirements are not timely met by an individual on or before the expiration date set forth on the license or certification, the license or certification shall be suspended automatically without the taking of any action by the division or its superintendent. Failure to reactivate the license or certification as provided in this rule shall result in automatic revocation of the license without the taking of any action by the division or superintendent.

(B) Courses qualifying for continuing education credit.

(1) Credit shall be given only for courses that have been approved by the division. Courses approved by the division for continuing education for installers shall also meet the continuing education requirements for certified manufactured home inspectors.

(2) Notwithstanding paragraph (B)(1) of this rule, a licensee or inspector may request that the division award continuing education credit for a course or related educational activity that has not been pre-approved by the division. The licensee or inspector seeking such approval shall submit documentation to the division consisting of all the required information set forth in paragraph (B)(2) of rule 4781-8-02 of the Administrative Code. The licensee or inspector seeking approval shall also submit a nonrefundable fee not to exceed fifty dollars for each course or related educational activity to be reviewed. The fee may be paid by check or money order made payable to the "Treasurer, State of Ohio," or by credit card. Any payment of fees may be subject to a convenience fee as charged to the division.

(3) Continuing education hours obtained by individuals holding a license or certification pursuant to Chapter 4781. of the Revised Code and the rules promulgated thereunder may carry forward course credit from one year to another within the same renewal period.

(C) A prospective training agency shall obtain written approval from the division before the training agency may offer, conduct, advertise, or otherwise represent that the course is or may be approved by the division for continuing education credit in Ohio.

(D) Prospective training agencies for manufactured home installers and inspectors shall submit a completed application form with the following information:

(1) Name, address, email address, facsimile, and telephone number of the training agency;

(2) Name, address, email address, facsimile, and telephone number of the owner(s) of the training agency;

(3) Information on whether the owner of the training agency is a local or state inspector and whether the owner's participation would create a conflict of interest as opined by the Ohio ethics commission advisory opinion 98-005;

(4) A description of the purpose of the agency;

(5) Policy regarding attendance and procedure for record keeping of attendance;

(6) Acknowledgment that the training agency will adhere to the division's rules, procedures, and standards; and

(7) Any other information that the division deems necessary.

(E) The division shall maintain a current listing of all approved training agencies that provide continuing education for manufactured home installers.

(F) The division or its designee shall notify the training agency of its approval or disapproval of the training agency's application within sixty business days after receipt of the application. A training agency is approved for a period of one year.

(G) An approved training agency shall pay the annual fees required pursuant to rule 4781-9-05 of the Administrative Code. Such fees shall be submitted to the division with the attendance reports.

(H) A training agency shall file its renewal application for approval not more than sixty days nor less than thirty days prior to the expiration of the previous approval.

(I) No training agency shall advertise or otherwise notify any licensee that a course of study or program of instruction has been approved by the division until such course or program has been approved.

(J) Any training agency that fails to comply with this rule or rules 4781-9-02 to 4781-9-06 of the Administrative Code may have its approval revoked or not renewed. Any training agency that has been revoked or not renewed may appeal the decision pursuant to Chapter 119. of the Revised Code.

(K) Accommodations for students with disabilities.

Training agencies shall comply with the "Americans with Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C. 12101, or other laws requiring training agencies to accommodate persons with disabilities.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-9-02 Continuing education requirements - reporting.

(A) An approved training agency shall provide to the division a roster of all individuals holding a license pursuant to Chapter 4781. of the Revised Code that completed an approved continuing education course or program of instruction and the fees required by rule 4781-9-05 of the Administrative Code. The roster and the required fees must be submitted within fourteen business days of the date of completion of the course or program of instruction. The roster shall be provided to the division on the form prescribed by division or via any other means of electronic transmission that the division deems appropriate. The training agency shall maintain a copy of every roster for a period of three years after each course is held. Failure to properly report may result in revocation of approval or non-renewal of a training agency.

(B) An individual holding a license or certificate pursuant to Chapter 4781. of the Revised Code that falsifies information pertaining to the completion of the continuing education requirements may be subject to disciplinary action against their license or certification pursuant to rule 4781-8-03 or 4781-7-02 of the Administrative Code, respectively.

(C) An approved training agency that fails to notify the division of the date, time, and place of the continuing education course/program; falsely reports attendance; or falsely reports the number of hours attended by a licensee or completion of an approved continuing education course/program by a licensee may be removed from the approved training agency list maintained by the division or its designee.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-9-03 Continuing education course approval.

(A) Continuing education course criteria:

(1) The division shall approve a course of study or program of instruction offered for continuing education purposes only if the training agency has met the requirements of this rule and the training agency submits the nonrefundable fee as set forth in rule 4781-9-05 of the Administrative Code. No training agency may conduct the course of study or program of instruction for credit for licensed manufactured home installers or certified inspectors unless the division has approved that training agency;

(2) The training agency shall submit its application for course approval not less than thirty days nor more than one year prior to the date of the course or program offering. If the training agency fails to submit its course application as set forth in this rule, consideration of the application may be delayed. The application shall be on forms prescribed and furnished by the division;

(3) The application for approval of a course of study or program of instruction shall contain the following:

(a) Name, address, email address, facsimile, and telephone number of the training agency;

(b) The policy regarding attendance and the procedure used for record keeping of attendance;

(d) Name, address, email address, facsimile, telephone number, and occupation of proposed instructors;

(e) Resume of the proposed instructors detailing their experience and qualifications and the resume of any alternate proposed instructors;

(f) The content of the course/program, including:

(i) Title of the course/program;

(ii) Educational objective of the course/program;

(iii) Textbooks and student materials prescribed;

(iv) Outline or syllabus that contains a brief description of the course/program; and

(v) Duration of the course/program.

(g) Sample of the proposed advertising or written notice;

(h) Fee for the course/program;

(i) A description of the physical facility in which the course or program of instruction is offered; and

(j) Such other information as the division may request.

(4) An application for a computer-based course of study or program of instruction shall not be approved by the division unless it complies with paragraph (A)(3) of this rule; and

(a) The course is designed to ensure that participants are actively engaged in the instructional process while completing the course by utilizing techniques that require participant interaction with the computer program;

(b) If in each unit of instruction there is no activity from the participant after thirty minutes of instruction time, the course will shut down and the participant will have to begin from the beginning of the unit;

(c) The provider utilizes procedures that provide reasonable assurance of participant identity and that the participant receiving the continuing education credit for completing the course actually performed all of the work required to complete the course; and

(d) The provider utilizes a clock or timer on each screen that accurately records the course completion time to insure course time equals the amount of continuing education credit hours received.

(B) Time limit. No course of study or program of instruction will be approved by the division in which classroom instruction exceeds ten classroom hours of instruction in any one day.

(C) Approval duration. The approval of a course of study or program of instruction shall be valid for one year, provided that the training agency is certified throughout the course of that year.

(D) Instructors. No continuing education course will be approved if an instructor of a proposed course is a local or state inspector and the instructor's participation would create a conflict of interest as opined by the Ohio ethics commission advisory opinion 98-005.

(E) Upon approval of a course of study or program of instruction by the division, the division shall notify the training agency of the approval.

(F) Instructors may receive continuing education credit for the number of unduplicated subject matter hours they instruct.

(G) An approved training agency shall provide the division with a roster of attendees of a provided course or program within fourteen business days of completion of the course or program. The roster shall be provided to the division by a posting on the department of commerce website in a manner and form prescribed by the division or via any other means of electronic transmission that the division deems appropriate.

(H) An approved training agency shall notify the division in writing, within fourteen business days of the date of an approved course offering, of any cancellation, changes to the course date, or any change in the time or location of a course or program. If the training agency is proposing to change the content of a course or program or an approved instructor with an instructor that has not been approved for the course or program, the training agency shall comply with paragraph (K) of this rule before such course or program shall be offered.

(I) Any staff member of the division or member of the Ohio construction industry licensing board may attend a course or program being offered by an approved training agency in order to determine whether the course or program is being conducted in accordance with approved guidelines and procedures established in this rule.

(J) Any training agency that fails to comply with rules 4781-9-01 to 4781-9-06 of the Administrative Code may have its approval revoked or not renewed. Any training agency that has had its approval revoked or not renewed may appeal the division's decision pursuant to Chapter 119. of the Revised Code.

(K) If the change to the approved course/program materially alters the contents of the course/program initially approved by the division, or if an approved instructor is not available to teach the course or program, the training agency shall not hold that course/program until the training agency receives approval for the changes from the division.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-9-04 Instructor requirements.

(A) All continuing education instructors shall possess the ability to:

(1) Present instruction in a thorough, accurate, logical, orderly, and understandable manner;

(2) Use varied instructional techniques in addition to straight lecture, such as class discussion and role-playing; and

(3) Use instructional aids, such as computer-based slide shows, an overhead projector, or the like to enhance learning.

(B) Instructors shall ensure that class sessions are started on time and are conducted for the full amount of time that is scheduled. Instructors shall also ensure that each continuing education course is taught according to the course outline and plan that was approved by the division, including the furnishing of approved student materials.

(1) Five years' experience in the industry as an installer, or in a management, supervisory, inspection, or quality assurance capacity.

(2) A license, registration, or certification from a national certification agency or a state agency.

(3) A degree from an accredited educational institution.

(4) Other professional qualifications as approved by the division or its designee.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-9-05 Continuing education fees.

(A) The fees for each continuing education course and for the annual approval of each training agency are as follows:

(1) A nonrefundable fee of ten dollars plus one dollar per credit hour for each course application submitted but not to exceed one hundred fifty dollars;

(2) A nonrefundable renewal fee, not to exceed seventy-five dollars, for the annual renewal of course approval;

(3) A nonrefundable fee of one dollar per credit hour of instruction per attendee; and

(4) A nonrefundable fee of twenty-five dollars for each training agency application submitted.

(B) Fees shall be made payable by check or money order to "Treasurer, State of Ohio" or by credit card. Any payment of fees may be subject to a convenience fee as charged to the division.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-9-06 Non-resident licensees and continuing education credit.

(A) A non-resident licensee shall meet the requirements for continuing education as set forth in rule 4781-9-01 of the Administrative Code. If a non-resident licensee resides in a state requiring continuing education for a manufactured home installer license, the courses or continuing education in the state of residence may be considered by the division for approval in Ohio on a course-by-course basis.

(B) Any non-resident licensee who seeks to have the division consider non-division approved courses, including those that have taken place outside of the state of Ohio, may apply to the division to receive credit for the continuing education obtained in another state, by submitting an application on a form prescribed by the division. The application shall contain all of the information as required under paragraph (B) to rule 4781-8-02 of the Administrative Code and shall be accompanied by a nonrefundable fee in the amount of fifty dollars, by check or money order, made payable to the "Treasurer, State of Ohio," or by credit card. Any payment of fees may be subject to a convenience fee as charged to the division.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Chapter 4781-10 Dispute Resolution

Ohio Adm.Code 4781-10-01 Dispute resolution.

(A) Definitions. For purposes of this rule:

(1) "Defect" means any problem in the performance, construction, components, or material of the home that renders the home or any part of it not fit for the ordinary use for which it was intended including but not limited to a defect in the construction, safety, or installation of the home, or which does not meet standards set forth in the Manufactured Home Construction and Safety Standards (MHCSS), 24 C.F.R. 3280 (April 1, 2019). A defect is not a minor cosmetic item.

(2) "Date of installation" for a new manufactured home means the date the manufactured home has passed inspection and is ready for occupancy, and the first person purchasing the home in good faith for purposes other than resale takes possession. The date of installation for a used manufactured home means the date the manufactured home has passed inspection and is ready for occupancy, and the person purchasing the home in good faith for purposes other than resale takes possession. For a relocated manufactured home, that has not changed hands, the date of installation means the date the manufactured home has passed inspection and is ready for occupancy.

(3) "Warranty issue" for the purposes of dispute resolution, means any item covered by the original written warranty offered by the manufacturer, retailer, or installer related to the original purchase agreement or sales contract, but does not include any extended warranty on an item, whether the extended warranty was offered by the manufacturer, installer, retailer, or others.

(4) "Division" means the division of industrial compliance in the Ohio department of commerce.

(B) Request for dispute resolution process.

(1) The consumer, retailer, manufacturer, or installer may request dispute resolution regarding a new manufactured home that is one year or less from the date of installation of the home. A defect or warranty issue may be considered appropriate for dispute resolution if a dated record exists that the defect or warranty issue was reported to the manufacturer, retailer, installer, HUD, the better business bureau, or the division within one year from the date of installation, even if that year has now passed. A person who reports an alleged defect or warranty issue by telephone should make a contemporaneous note of the telephone call, including date, time, the name of the person who received the report, the name of the business contacted, and the telephone number called.

(2) Requests for dispute resolution shall be made in writing and on the form provided by the division.

(3) Participation in mediation services is voluntary for all parties.

(4) A used manufactured home is only eligible for dispute resolution for issues relating to its installation.

(1) When a request for dispute resolution has been received by the division, it will be reviewed to ensure sufficient information has been provided, and it will be determined if the dispute resolution process should proceed.

(2) When the request for dispute resolution lacks sufficient information necessary to determine if the dispute resolution process should proceed, the division will contact the requesting party and ask for supplemental information. If information necessary to qualify the request is not received within a reasonable time established by the division, the request for dispute resolution will be considered withdrawn.

(3) If the division determines that the request for dispute resolution is sufficient, the division shall refer the request to a mediator.

(4) For requests for dispute resolution that involve an unreasonable risk of death or injury, the parties shall be notified that they shall have five days from the date of the notice in which to reach a settlement or an inspection shall be immediately scheduled. If the parties fail to reach a settlement, the division shall refer the request to a mediator after the scheduled inspection.

(D) Mediation.

(1) Upon referral for mediation, all the parties shall receive notice that the matter shall be scheduled for mediation, and the matter must be concluded within thirty days from the date the mediator receives the referral to mediation. The notice shall include a copy of the original request for dispute resolution.

(2) Mediator selection.

(a) Except a mediator who is an employee of the division of real estate and professional licensing, the superintendent of the division of industrial compliance shall approve any mediator before the mediator can be used in the dispute resolution process.

(b) A mediator shall not mediate a matter if the mediator has:

(i) Reviewed the requests for dispute resolution to determine if the request is appropriate for dispute resolution;

(ii) A primary interest in the matter being mediated; or

(iii) A business or personal relationship with any of the parties to the dispute resolution.

(3) Mediation agreements.

(a) If the parties reach a mediation agreement, the homeowner may elect that the mediation agreement be binding on the parties by executing a written acknowledgement, provided by the division. The written acknowledgement shall be received by the division within ten days from the date of the mediator's notice that the issue was resolved.

If the parties reach a mediation agreement for corrective repairs, those repairs must be completed no later than thirty days after the date the division receives the executed written acknowledgement from the homeowner. Parties to the mediation agreement and the homeowner may agree to a longer period for corrective repairs by a separate signed, written agreement.

(b) If the parties are unable to reach a settlement through mediation, then within fifteen days of the issuance of written notice by the mediator that the matter was not resolved, any party may request that the division arrange for non-binding arbitration. When arbitration is not requested, the division may review the original request for dispute resolution to determine whether or not an investigation will be initiated.

(c) Arbitration is not available to those disputes that do not meet the requirements of paragraphs (A) and (B) of this rule, even if inspection or mediation services were offered as a courtesy by the division.

(E) Arbitration.

(1) A request for arbitration shall be made in writing to the division on a form provided by the division. Following a timely request for arbitration:

(a) The division shall arrange for an approved arbitrator.

(b) All parties shall receive notice of the arbitration. The notice shall indicate that the matter must be resolved within forty-five days from the date of the request for arbitration.

(2) The arbitrator shall be approved in advance by the division unless the arbitrator is approved by the American arbitration association. The arbitrator may not have an interest in the outcome of the dispute or a business or personal relationship to any party to the arbitration.

(3) Arbitrator's duties.

(a) The arbitrator may issue orders to compel the completion of the record, require onsite inspections, dismiss frivolous allegations, set hearing dates and deadlines, and may subpoena witnesses.

(b) Within forty-five days, the arbitrator shall issue a written recommendation setting forth the findings of fact, and the apportionment of division fees for inspection and arbitration services. If there is a determination that a defect, or warranty issue exists the written recommendation shall include:

(i) What action shall be taken;

(ii) The time period in which the defect, or warranty issue, shall be corrected;

(iii) Which party or parties are determined to have likely caused the defect or warranty issue; and

(iv) Which party or parties are responsible to pay for or to perform the correction.

(4) Following an arbitrator's written non-binding decision, the homeowner may elect that the arbitrator's non-binding decision be made binding on the parties by executing a written acknowledgement, provided by the division. The written acknowledgement shall be received by the division within ten days from the date of the division receiving the arbitrator's decision. [HUD issues order accepting/modifying/rejecting arbitrator's decision, see 24 C.F.R. 3288.45 (April 1, 2019)]

(F) Nothing in this chapter shall be construed as prohibiting a homeowner from pursuing any legal action.

(G) Except for the request for dispute resolution and any written mediation agreement, all other documents and communications provided during mediation will be confidential in accordance with Chapter 2710. of the Revised Code.

(H) Authority to charge fees.

(1) Fees charged to the parties shall be apportioned among the parties as stated in the mediation agreement or as determined by the arbitrator's written recommendation.

(2) Fees may be charged for inspection(s) conducted in accordance with this rule, mediation, and arbitration in amounts as set forth in this rule.

(3) The first investigation inspection as part of dispute resolution shall not be charged to the homeowner, unless costs to the homeowner are apportioned in the mediation agreement or the arbitrator's written recommendation.

(I) Investigation inspection or mediation services may be offered for a fee by the division, at the request of the parties, to assist in the resolution of disputes with regard to manufactured homes that are not covered by the dispute resolution program.

(J) Fees for dispute resolution services shall be:

(1) Inspection. Actual direct cost of the inspection to the division plus twenty-five per cent for administrative overhead.

(2) Mediation. Actual direct cost of mediation plus twenty-five per cent for administrative overhead.

(3) Arbitration. Actual direct cost of arbitration plus twenty-five per cent for administrative overhead.

(4) All fees shall be by check or money order payable to "Treasurer, State of Ohio" or by credit card. Any payment may be subject to a convenience fee as charged to the division.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Chapter 4781-11 Licenses

Ohio Adm.Code 4781-11-01 General provisions and requirements for manufactured housing dealer, manufactured housing broker, and manufactured housing salesperson licensure.

(A) The commission shall govern the issuance, revocation, and suspension of licenses to manufactured housing dealers, manufactured housing brokers, and salespersons.

(B) For purposes of division 4781:11 of the Administrative Code, the following definitions shall apply:

(1) "Manufactured home" has the same meaning as in division (C)(4) of section 3781.06 of the Revised Code.

(2) "Manufactured housing" means manufactured homes and mobile homes.

(3) "Mobile home" has the same meaning as in division (O) of section 4501.01 of the Revised Code.

(4) "Business" includes any activities engaged in by any person for the object of gain, benefit, or advantage either direct or indirect.

(5) "Casual sale" means any transfer of a manufactured home or mobile home by a person other than a manufactured housing dealer, manufactured housing salesperson, or manufacturer to an ultimate consumer or a person who purchases the home for use as a residence.

(6) "Engaging in business" means commencing, conducting, or continuing in business, or liquidating a business when the liquidator thereof holds self out to be conducting such business; making a casual sale or otherwise making transfers in the ordinary course of business when the transfers are made in connection with the disposition of all or substantially all of the transferor's assets is not engaging in business.

(7) "Manufactured home park operator" has the same meaning as "operator" in section 4781.01 of the Revised Code.

(8) "Manufactured housing broker" means any person acting as a selling agent on behalf of an owner of a manufactured home or mobile home that is subject to taxation under section 4503.06 of the Revised Code.

(9) "Manufactured housing dealer" means any person engaged in the business of selling at retail, displaying, offering for sale, or dealing in manufactured homes or mobile homes.

(10) "Manufacturer" means a person who manufactures, assembles, or imports manufactured homes or mobile homes.

(11) "Person" has the same meaning as in section 1.59 of the Revised Code and also includes this state, any political subdivision of this state, and any other state or local body of this state.

(12) "Retail sale" or "sale at retail" means the act or attempted act of selling, bartering, exchanging, or otherwise disposing of a manufactured home or mobile home to an ultimate purchaser for the use as a residence.

(13) "Salesperson" means any individual employed by a manufactured housing dealer or manufactured housing broker to sell, display, and offer for sale, or deal in manufactured homes or mobile homes for a commission, compensation, or other valuable consideration, but does not mean any public officer performing official duties.

(14) "Ultimate purchaser" means, with respect to any new manufactured home, the first person, other than a manufactured housing dealer purchasing in the capacity of a manufactured housing dealer, who purchases such new manufactured home for purposes other than resale.

(1) Each person applying for a manufactured housing dealer's license or manufactured housing broker's license shall complete and deliver to the manufactured homes commission, before the first day of April, a separate application for license for each county in which the business of selling manufactured or mobile homes is to be conducted. The application shall be in the form prescribed by the commission and accompanied by the fee established by the commission. The applicant shall sign and swear to the application that shall include, but not be limited to, all of the following:

(a) Name of applicant and location of principal place of business;

(b) Name or style under which business is to be conducted and, if a corporation, the state of incorporation;

(d) The county in which the business is to be conducted and the address of each place of business therein;

(e) A statement of the previous history, record, and association of the applicant and of each owner, partner, officer, and director, that is sufficient to establish to the satisfaction of the commission the reputation in business of the applicant;

(f) A statement showing whether the applicant has previously applied for a manufactured housing dealer's license, manufactured housing broker's license, or manufactured housing salesperson's license, and the result of the application, and whether the applicant has ever been the holder of any such license that was revoked or suspended;

(g) If the applicant is a corporation or partnership, a statement showing whether any partner, employee, officer, or director has been refused a manufactured housing dealer's license, manufactured housing broker's license, manufactured housing salesperson's license, or, prior to July 1, 2010, a motor vehicle dealer's license, manufactured home broker's license, or motor vehicle salesperson's license, or has been the holder of any such license that was revoked or suspended.

(h) A photograph, as prescribed by the commission, of each place of business operated, or to be operated by the applicant.

(2) Each application shall be accompanied by a check or money order made payable to "Treasurer, State of Ohio", or a credit card payment (convenience fee added) in the following amounts:

(a) The original licensing fee shall be two hundred fifty dollars;

(b) The county multiple location or dealer relocation/inspection fee shall be one hundred twenty-five dollars;

(d) The renewal fee shall be two hundred fifty dollars;

(e) The late renewal fee to be paid in addition to the renewal fee shall be one hundred dollars;

(f) The certified copy fee shall be twenty-five dollars; and

(g) The business name change, license type change, and/or change in business style or type of business shall be twenty-five dollars;

(3) Incomplete applications shall be held open for six months following notification of incomplete requirements by regular mail, facsimile or email. After five months, a final notice of incomplete application shall be mailed by certified mail, return receipt requested. If at the end of the six month period the application remains incomplete, it shall be considered abandoned and the applicant shall be required to submit a new application, including any fees.

(D) Manufactured housing salesperson's licenses; application:

(1) Each person applying for a manufactured housing salesperson's license shall complete and deliver to the manufactured homes commission before the first day of July an application for license. The application shall be in the form prescribed by the commission and shall be accompanied by the fee established by the commission. The applicant shall sign and swear to the application that shall include, but not be limited to, all of the following:

(a) Name and post-office address of the applicant;

(b) Name and post-office address of the manufactured housing dealer or manufactured housing broker for whom the applicant intends to act as salesperson;

(c) A statement of the applicant's previous history, record, and association, that is sufficient to establish to the satisfaction of the commission the applicant's reputation in business;

(d) A statement as to whether the applicant intends to engage in any occupation or business other than that of a manufactured housing salesperson;

(e) A statement as to whether the applicant has ever had any previous application for a manufactured housing salesperson license refused or, prior to July 1, 2010, any application for a motor vehicle salesperson license refused, and whether the applicant has previously had a manufactured housing salesperson or motor vehicle salesperson license revoked or suspended;

(f) A statement as to whether the applicant was an employee of or salesperson for a manufactured housing dealer or manufactured housing broker whose license was suspended or revoked;

(g) A statement of the manufactured housing dealer or manufactured housing broker named therein, designating the applicant as the dealer's or broker's salesperson; and

(h) A report sent directly from the state bureau of criminal investigation.

(2) Each application shall be accompanied by a check or money order made payable to "Treasurer, State of Ohio", or a credit card payment (convenience fee added) in the following amounts:

(a) The original licensing fee shall be one hundred fifty dollars;

(b) The replacement license fee shall be twenty-five dollars;

(d) The late renewal fee to be paid in addition to the renewal fee shall be seventy-five dollars; and

(e) The transfer license fee shall be twenty-five dollars.

Last updated September 1, 2026 at 3:28 PM

History

Effective: December 1, 2012
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-01.1 Code of ethics for manufactured home dealers, brokers, and salespersons.

(A) General

(1) To safeguard the health and safety of the public and the state of Ohio, to maintain integrity and high standards of skills and practice in the sale of manufactured homes, the following rules of professional conduct, promulgated in accordance with Chapter 4781. of the Revised Code, shall be binding upon every person holding a license as a manufactured home dealer, broker, or salesperson in Ohio.

(2) The manufactured home dealer, broker, or salesperson is charged with having knowledge and understanding of Chapter 4781. of the Revised Code and its rules for his or her conduct. Such knowledge shall encompass the understanding that the sale of manufactured homes, is a privilege, as opposed to a right, and the licensee shall be forthright and candid in statements or written responses to the commission or its designee on matters pertaining to professional conduct.

(B) Code of ethics for manufactured homes dealers, brokers, or salespersons

(1) The manufactured home dealer, broker, or salesperson shall protect the health and safety of the public and colleagues in the performance of professional duties and conform to the highest standards of professional conduct.

(2) The manufactured home dealer, broker, or salesperson shall at all times act with complete integrity for each client and shall be honest in all dealings with customers and the public.

(3) The manufactured home dealer, broker, or salesperson shall respond promptly to all complaints.

(4) The manufactured home dealer, broker, or salesperson shall comply with all federal, state, and local laws and regulations related to the sale, transfer, or movement of a manufactured home.

(5) The dealer, broker, or salesperson shall maintain current knowledge of the products, methods, techniques and technology associated with the sale of manufactured homes and with related business practices.

(6) The manufactured home dealer, broker, or salesperson who has knowledge or reason to believe that another person or firm is guilty of violating any of the provisions of Chapter 4781. of the Revised Code or the rules promulgated thereunder, shall immediately notify the commission in writing.

(7) The manufactured home dealer, broker, or salesperson shall not directly or indirectly pay, solicit or offer any bribe or payment for professional employment or to influence favorable results.

(8) The manufactured home dealer, broker, or salesperson shall not falsify or permit misrepresentations of his or her professional qualifications.

(9) The manufactured home dealer, broker, or salesperson shall ensure that any advertisements, brochures, or other solicitations do not misrepresent pertinent facts with the intent to mislead any member of the public.

(C) Conviction of a felony or the revocation or suspension of a license in another jurisdiction for conduct that would violate any of part of this rule if it occurred in the state of Ohio may be grounds for the commission to charge the licensee with a violation of this rule.

Last updated September 1, 2026 at 3:28 PM

History

Effective: December 1, 2012
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-02 Denial of licensure.

(A) The executive director of the commission or the commission shall deny the application of any person for a license as a manufactured housing dealer or manufactured housing broker and refuse to issue the license if the executive director of the commission or the commission finds that any of the following is true of the applicant:

(1) The applicant has made any false statement of a material fact in the application.

(2) The applicant has not complied with Chapter 4781. of the Revised Code or the rules adopted by the commission under that chapter.

(3) The applicant is of bad business repute or has habitually defaulted on financial obligations.

(4) The applicant has been guilty of a fraudulent act in connection with selling or otherwise dealing in manufactured housing or in connection with brokering manufactured housing.

(5) The applicant has entered into or is about to enter into a contract or agreement with a manufacturer or distributor of manufactured homes that is contrary to the requirements of this chapter.

(6) The applicant is insolvent.

(7) The applicant is of insufficient responsibility to ensure the prompt payment of any final judgments that might reasonably be entered against the applicant because of the transaction of business as a manufactured housing dealer or manufactured housing broker during the period of the license applied for, or has failed to satisfy any such judgment.

(8) The applicant has no established place of business that, where applicable, is used or will be used for the purpose of selling, displaying, offering for sale or dealing in manufactured housing at the location for which application is made.

(9) Within less than twelve months prior to making application, the applicant has been denied a manufactured housing dealer's license or manufactured housing broker's license, or has had any such license revoked.

(B) The executive director of the commission or the commission shall deny the application of any person for a license as a salesperson and refuse to issue the license if the executive director of the commission or the commission finds that any of the following is true of the applicant:

(1) The applicant has made any false statement of a material fact in the application.

(2) The applicant has not complied with Chapter 4781. of the Revised Code or the rules adopted by the commission under that chapter.

(3) The applicant is of bad business repute or has habitually defaulted on financial obligations.

(4) The applicant has been guilty of a fraudulent act in connection with selling or otherwise dealing in manufactured housing.

(5) The applicant has not been designated to act as salesperson for a manufactured housing dealer or manufactured housing broker licensed to do business in this state under Chapter 4781. of the Revised Code, or intends to act as salesperson for more than one licensed manufactured housing dealer or manufactured housing broker at the same time, unless the licensed dealership is owned or operated by the same corporation, regardless of the county in which the dealership's facility is located.

(6) The applicant holds a current manufactured housing dealer's or manufactured housing broker's license issued under Chapter 4781. of the Revised Code, and intends to act as salesperson for another licensed manufactured housing dealer or manufactured housing broker.

(7) Within less than twelve months prior to making application, the applicant has been denied a salesperson's license or had a salesperson's license revoked.

(8) The applicant was salesperson for, or in the employ of, a manufactured housing dealer or manufactured housing broker at the time the dealer's or broker's license was revoked.

(C) If an applicant for a manufactured housing dealer or manufactured housing broker's license is a corporation or partnership, the commission may refuse to issue a license if any officer, director, or partner of the applicant has been guilty of any act or omission that would be cause for refusing or revoking a license issued to such officer, director, or partner as an individual. The commission's finding may be based upon facts contained in the application or upon any other information the commission may have.

(D) Notwithstanding paragraph (A)(4) of this rule, the commission shall not deny the application of any person and refuse to issue a license if the commission finds that the applicant is engaged, or will engage, in the business of selling at retail any new manufactured homes and demonstrates that the applicant has posted a bond, surety, or certificate of deposit with the commission in an amount not less than one hundred thousand dollars for the protection and benefit of the applicant's customers.

(E) A decision to deny the application of any person for a license as a manufactured housing dealer or manufactured housing broker or as a salesperson and refuse to issue the license made by the executive director of the commission or the commission under this section may be based upon any statement contained in the application or upon any facts within the executive director of the commission or the commission's knowledge.

(F) Immediately upon denying an application for any of the reasons in this section, the commission shall enter a final order together with the commission's findings. If the application is denied by the executive director of the commission, the executive director of the commission shall enter a final order together with the director's findings and certify the same to the commission. The commission shall issue to the applicant a written notice of refusal to grant a license that shall disclose the reason for denial.

Last updated September 1, 2026 at 3:28 PM

History

Effective: July 1, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-03 License issuance.

At the time the commission or the executive director of the commission grants the application of any person for a license as a manufactured housing dealer, manufactured housing broker, or manufactured housing salesperson, the commission shall issue to the person a license that includes the name and post-office address of the person licensed. If a manufactured housing dealer or manufactured housing broker has more than one place of business in a county, the dealer or broker shall make application, in such form as the commission prescribes, for a certified copy of the license issued to the dealer or broker for each place of business in the county.

Last updated September 1, 2026 at 3:28 PM

History

Effective: July 1, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-04 Replacement license.

In the event of the loss, mutilation, or destruction of a manufactured housing dealer's license, manufactured housing broker's license, or manufactured housing salesperson's license, any licensee may make application to the commission, in the form prescribed by the commission, for a duplicate copy thereof and pay a fee of twenty-five dollars.

Last updated September 1, 2026 at 3:28 PM

History

Effective: July 1, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-05 License renewal.

(A) All manufactured housing dealers' licenses and all manufactured housing brokers' licenses, issued or renewed shall expire biennially on the thirty-first day of March, unless previously suspended or revoked. Before the first day of April in the year that the license expires, each licensed manufactured housing dealer and manufactured housing broker shall file an application for the renewal of such license prior to the date of expiration of the license. The fee required for renewal of a license shall be the same fee as that charged for the issuance of an original license at the time of application and shall accompany the application.

(B) All manufactured housing salespersons' licenses issued or renewed shall expire biennially on the thirtieth day of June, unless previously suspended or revoked. Before the first day of July in the year that the license expires, each licensed manufactured housing salesperson shall file an application for the renewal of such license. The fee required for renewal of a license shall be the same fee as that charged for the issuance of an original license at the time of application and shall accompany the application.

(C) The commission shall provide the licensee the renewal form. The notice and an accompanying renewal application shall be provided to the licensee by regular mail, facsimile, or email to the licensee's address in the commission's records at least thirty days prior to the expiration of the license.

(D) The commission may renew the license if the licensee meets the following requirements:

(1) Submits the renewal form and the renewal fee, or late fee as set forth in rule 4781-11-01 of the Administrative Code, if any, prior to the license date of expiration or, for applications completed on-line, by midnight on or before the date of expiration or earlier with the renewal fee;

(2) Signs a statement regarding felony or other criminal convictions; and

(3) Demonstrates compliance with the requirements of Chapter 4781. of the Revised Code and commission rules.

(E) Any renewal application that is postmarked or completed on-line after the renewal deadline shall include the renewal fee and late fee, as set forth in rule 4781-11-01 of the Administrative Code.

(F) Each salesperson who complies with the renewal requirements shall receive a new identification card.

(G) Failure to timely renew

(1) A licensee who fails to renew in accordance with the commission rules after the renewal deadline, shall be automatically placed on lapsed status. If licensee fails to activate their license under lapsed status within twenty-four months, the licensee shall be required to reapply in accordance with rule 4781-8-01 of the Administrative Code, including all applicable fees.

(2) "Good cause" waivers or extensions

(a) The commission may extend the renewal period and may waive the late renewal fee in cases of certified illness, disability, military service, foreign residence, or for good cause that prevents timely renewal. Waivers or extensions of time shall be determined by the commission or its designee on a case-by-case basis.

(b) If the commission grants an extension of time for renewal, the license shall not be reissued until the licensee has completed the renewal process as required by the commission.

Last updated September 1, 2026 at 3:28 PM

History

Effective: December 1, 2012
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-06 Display of license.

Each manufactured housing dealer and manufactured housing broker shall keep the license or a certified copy thereof and a current list of the dealer's or the broker's licensed salespersons, showing the names, addresses, and serial numbers of their licenses, posted in a conspicuous place in each place of business. Each salesperson shall carry the salesperson's license or a certified copy thereof and shall exhibit such license or copy upon demand to any inspector of the commission, state highway patrol trooper, police officer, or person with whom the salesperson seeks to transact business as a manufactured housing salesperson.

Last updated September 1, 2026 at 3:28 PM

History

Effective: July 1, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-07 Notification of change of information.

(A) Each licensed manufactured housing dealer and manufactured housing broker shall notify the manufactured homes commission of any change in status as a manufactured housing dealer or manufactured housing broker during the period for which the dealer or broker is licensed, if the change of status concerns either of the following:

(1) Personnel of owners, partners, officers, or directors;

(2) Location of an office or principal place of business.

(B) The notification required by paragraph (A) of this rule shall be made by filing with the commission, within fifteen days after the change of status, a supplemental statement in a form prescribed by the commission showing in what respect the status has been changed.

Last updated September 1, 2026 at 3:28 PM

History

Effective: July 1, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-08 Written contract requirements.

(A) Every retail sale of a manufactured home or mobile home shall be preceded by a written contract that shall contain all of the agreements of the parties and shall be signed by the buyer and the seller. The seller, upon execution of the contract and before the delivery of the manufactured or mobile home, shall deliver to the buyer a copy of the contract that shall clearly describe all of the following:

(1) The home sold to the buyer, including, where applicable, its vehicle identification number;

(2) The sale price of the home, and, if applicable, the amount paid down by the buyer;

(3) The amount credited to the buyer for any trade-in and a description thereof;

(4) The amount of any finance charge;

(5) The amount charged for any home insurance and a statement of the types of insurance provided by the policy or policies;

(6) The amount of any other charge and a specification of its purpose;

(7) The net balance of payment due from the buyer including the terms of the payment of the net balance.

(8) The circumstances related to the requirement of an earnest money deposit, including, but not limited to, the amount and the terms and conditions under which the earnest money deposit is refundable.

(B) A manufactured housing dealer may contract for and receive a documentary service charge for a retail sale of a manufactured home or mobile home. The documentary service charge shall be specified in writing without itemization of the individual services provided and shall not be more than the lesser of the following:

(1) The amount allowed in a retail installment contract;

(2) Ten per cent of the amount the buyer is required to pay pursuant to the contract, excluding tax, title, and registration fees, and any negative equity adjustment.

Last updated September 1, 2026 at 3:28 PM

History

Effective: December 1, 2012
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-09 Manufactured housing dealer net worth and bond requirement.

No manufactured housing dealer shall be issued a manufactured housing dealer's license or permitted to operate under such a license unless the manufactured housing dealer has a net worth, verifiable upon request by the commission, in the sum of at least seventy-five thousand dollars. The manufactured housing dealer shall also purchase and maintain a bond in the amount of twenty-five thousand dollars of a surety company authorized to transact business in this state, to which claims may be made to:

(A) Recover any loss a purchaser(s) or prospective purchaser(s) may experience from a loss of their financial down payment due to the dealer's inability to fulfill its contractual obligations to the purchaser(s) or potential purchaser(s); and

(B) Recover any loss incurred by the purchaser, or prospective purchaser, as a result of a conviction of a fraudulent act in a court of competent jurisdiction committed by the applicant, licensee, representative, or salesperson.

Last updated September 1, 2026 at 3:28 PM

History

Effective: June 2, 2011
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-10 Manufactured housing broker bond requirements.

Every applicant for a manufactured housing broker license and every licensed manufactured housing broker shall purchase and maintain a bond in the amount of twenty-five thousand dollars of a surety company authorized to transact business in this state, to which claims may be made to:

(A) Recover any loss a purchaser or prospective purchaser may experience concerning the down payment toward the purchase of a manufactured housing;

(B) Recover any loss a purchaser or prospective purchaser may experience as a result of the misuse by the manufactured housing broker of a noninterest-bearing special or trust account of deposits or of any funds that are legally required to be deposited therein;

(C) Satisfy any person who suffers a loss because taxes were not collected or paid by the manufactured housing broker on the purchase of manufactured housing;

(D) Recover any loss incurred by the purchaser or prospective purchaser, as a result of a conviction of a fraudulent act in a court of competent jurisdiction committed by the applicant, licensee, representative, or salesperson.

Last updated September 28, 2026 at 10:50 AM

History

Effective: June 2, 2011
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-11 Manufactured housing broker handling of trust account funds.

(A) Each person licensed as a manufactured housing broker shall maintain a special or trust bank account that shall be designated by the depository in which the account is located, and all deposit tickets and checks drawn on said account shall bear the words "escrow," "special," or "trust" account. The manufactured housing broker shall deposit and maintain all escrow funds, security deposits, and other moneys received by the manufactured housing broker in a fiduciary capacity. The depository where special or trust accounts are maintained in accordance with this rule shall be located in Ohio.

(B) Upon renewal, every licensed manufactured housing broker shall submit written proof to the division of real estate and professional licensing of the continued maintenance of the special or trust account required to be maintained by this chapter. The written proof shall set forth that:

(1) The special or trust bank account is noninterest-bearing;

(2) The dates of existence of the account; and

(3) The name and address of the depository where the special or trust accounts are maintained.

(C) A manufactured housing broker may maintain the broker's own funds in the special or trust account only when they are clearly identified as the broker's funds and only for the following purposes:

(1) If the financial institution in which the account is maintained requires a special minimum balance that must be maintained in order to keep the account open, the broker may maintain that amount in the account designated as the broker's funds.

(2) If the financial institution in which the account is maintained requires a service charge be paid for the account, the broker may maintain a reasonable amount to cover the service charge in the account in the broker's name.

(D) Any manufactured housing broker who fails to comply with the provisions of this rule may be deemed to be in violation of section 4781.25 of the Revised Code.

Last updated September 28, 2026 at 10:50 AM

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-12 Salesperson license suspension, reinstatement, and transfer.

(A) Any salesperson's license shall be suspended upon:

(1) The termination, suspension, or revocation of the license of the manufactured housing dealer or manufactured housing broker for whom the salesperson is acting; or

(2) The salesperson leaving the service of a licensed manufactured housing dealer or manufactured housing broker.

(B) If the salesperson's license was suspended due to provisions of paragraph (A)(1) or (A)(2) of this rule, the licensed salesperson may make application to the division of real estate and professional licensing pursuant to the requirements of rule 4781:11-01 of the Administrative Code, including the appropriate fee, to have the salesperson's license reinstated, transferred, and registered as a salesperson for another dealer or broker. If the information contained in the application is satisfactory to the division, the division shall reinstate, transfer, or register the salesperson's license as a salesperson for the new dealer or broker.

Last updated September 28, 2026 at 10:51 AM

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-13 Investigation initiation.

(A) The commission may, upon its own motion, investigate any license holder for alleged violations of law or of the rules of this commission. If such investigation discloses any such violations, such license holder shall be informed that reasonable grounds for suspension or revocation of the license exist.

(B) The commission shall, upon verified written complaint of any person filed with the commission, investigate as to the matters complained of, and if such investigation develops any apparent violation of the laws or of the rules of this commission, such license holder shall be informed that reasonable grounds for suspension or revocation of the license exist.

Last updated September 1, 2026 at 3:28 PM

History

Effective: July 1, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-14 Complaint procedure.

(A) Any person who believes that a manufactured housing dealer or a manufactured housing broker or a manufactured housing salesperson has violated any provision of Chapter 4781. of the Revised Code or the commission rules, may file a verified or unverified written complaint with the commission.

(B) Upon receipt of a written complaint, the commission or its designee shall follow the following procedure:

(1) Send an acknowledgement letter to the complainant and the licensee requesting the licensee to respond to the petition and may request any additional information if necessary.

(2) The executive director of the commission or his or her designee shall review the complaint, to determine if further information or investigation is needed. However, if the written complaint is verified, there shall be an investigation.

(3) The executive director or his or her designee shall report to the commission the facts of the review of the complaint. The commission may take the following action:

(a) Close with no further action;

(b) Refer for further investigation; or

(4) The commission or its designee may initiate an investigation inspection of a licensee on its own motion to determine whether the licensee is in compliance with Chapter 4781. of the Revised Code and the rules promulgated thereunder.

Last updated October 2, 2026 at 1:29 PM

History

Effective: July 1, 2010
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-15 Discipline.

(A) The division of real estate and professional licensing shall determine the need for adjudication hearings in accordance with sections 119.06 to 119.13 of the Revised Code. Pursuant to section 4781.21 of the Revised Code, the division investigates the conduct of any licensee and shall suspend, revoke, or refuse to renew a license consistent with this chapter. Pursuant to section 4781.121 of the Revised Code, any person who has allegedly committed a violation of section 4781.16 of the Revised Code may be investigated.

After the suspension or revocation of a license issued pursuant to Chapter 4781. of the Revised Code, the superintendent shall notify the licensee of the right to request a hearing. The notice shall be issued pursuant to Chapter 119. of the Revised Code.

(B) For purposes of section 119.09 of the Revised Code, the record of an adjudication hearing before the Ohio division of real estate and professional licensing shall be provided by use of audio or video teleconferencing electronic recording devices. Such recording shall serve as the official record of the proceeding and may serve as the basis for a transcript for furnishing to a court upon appellate review. A stenographic service other than the division's audio or video recording devices may be requested by one of the parties to the hearing. Advance written notice shall be provided to the division by the requesting party prior to the scheduled hearing date. All scheduling with the stenographic service shall be the responsibility of the party requesting the stenographic service. The testimony at the adjudication hearing shall be transcribed at the cost of the party requesting the stenographic service. Upon request, the stenographic service may provide a transcript of the adjudication hearing and the cost of the transcript shall be the responsibility of the party requesting the transcript. The division may use the transcript from the stenographic service as the official record of the proceeding.

(D) Any final order of the superintendent no longer subject to appeal may be publicly disseminated using any of the following methods:

(1) Publication in the division's newsletter;

(2) Press release(s); and

(3) Any other method deemed appropriate by the superintendent.

Last updated September 28, 2026 at 10:51 AM

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-16 Manufactured housing broker business establishment.

A manufactured housing broker shall have an easily recognizable established place of business and meet all of the following requirements:

(A) An established place of business that shall include an office that is permanent in nature, with office equipment and supplies that are sufficient to assist in conducting the business of brokering manufactured housing year-round. The office shall include, at minimum, a business telephone in service at all times that is generally available to the public and shall be answered in the name of the manufactured housing broker. The business telephone number shall be legible and posted in a conspicuous place in public view. A manufactured housing broker shall notify the superintendent of real estate and professional licensing in writing within fifteen days of any change in the business location, mailing address and/or telephone number.

(B) The office shall be clearly identified, easily accessible, and open to the public a minimum of thirty hours a week, at least six of which shall occur Monday through Friday. The business hours shall be legible and posted in a conspicuous place near the entrance of the office. The office shall be kept neat and orderly at all times and shall not be used as storage or other utility area. The office shall be separate from a personal residence.

(C) The office shall include adequate electric lighting, electrical service, heating and ventilation that is sufficient, secure and safe for a retail office environment.

(D) An established place of business that is used for brokering previously owned manufactured housing shall be considered used exclusively for that purpose even though its facility is located in a manufactured home park or office complex, and even though rent and other activities related to operating a manufactured home park take place at the same location.

(E) The office shall be staffed at all posted hours by an owner, partner, officer or licensed salesperson.

(F) The entire premises, including signage, plumbing fixtures and other mechanicals, shall not be in violation of any applicable building or zoning requirements. The dealer shall provide evidence to show building and zoning requirements have been met upon request of the superintendent. Upon request of the broker, the superintendent shall consider, and may approve, reasonable variances to these requirements except for variances to the building and zoning requirements.

(G) No manufactured home broker or its agent or representative shall alter the physical conditions of the established place of business so that it is not in compliance with the requirements of Chapter 4781. of the Revised Code.

Last updated August 28, 2026 at 1:56 PM

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-17 Manufactured housing dealer business establishment.

(A) A manufactured housing dealer shall have an established place of business that shall include an office that is permanent in nature, with office equipment and supplies that are sufficient to assist in conducting the business of selling manufactured housing year round. The office shall have, at minimum, a landline telephone number (not a cellular phone) in service at all times, that is listed in the local telephone directory as, and answered in the name of, the manufactured housing dealer, electric lighting, and heating that is sufficient and reasonable for a retail office environment. An established place of business that is used for selling manufactured housing shall be considered used exclusively for that purpose even though its facility is located in a manufactured home park or office complex, and even though rent and other activities related to operating a manufactured home park take place at the same location. The dealer's established place of business in a manufactured home park shall be staffed by someone licensed and regulated under this chapter who could reasonably assist any retail customer, with or without an appointment, but such established place of business need not satisfy office, size, display lot size, and physical barrier requirements as referenced in this chapter.

(B) The office shall be clearly identified, easily accessible, and open to the public, a minimum of thirty hours a week, at least six of which shall occur Monday through Friday. The office shall be kept neat and orderly at all times, and shall not be used as storage or other utility area. The office shall be separate from a personal residence. If the dealership is located in a manufactured home park, posted office hours must be adhered to, however, the salesperson is allowed to be out of the office during posted office hours if there are instructions on the door on how to reach the salesperson. The salesperson must be available to reasonably assist customers with or without an appointment. The office for dealerships located in manufactured home parks can be in a model home or an office. If, however, the commission's investigation reveals that the dealer applicant's local area would be better served, the commission may grant the applicant a manufactured housing dealer license if the applicant has substantially complied with the provisions laid forth in this chapter.

(D) An established place of business which shall include a lot of at least three thousand five hundred square feet, not including driveways, with adequate ground cover of a hard surface (gravel, concrete, etc.) to prevent the collection of dust, mud, water, or other unsightly conditions.

(E) The display lot must be separated from any other business or residence with a permanent physical barrier that is sufficient to deter normal vehicular and pedestrian traffic. The barrier may not be able to be moved or removed.

(F) A permanent office of at least one hundred eighty square feet of usable office area, located on the display lot, which shall be kept in a neat and orderly fashion. The office must include the following:

(1) Desk;

(2) Chair;

(3) Filing cabinet;

(4) Electric lighting sufficient for an office;

(5) Heating sufficient for an office;

(6) Telephone, in service at all times, listed and answered in the dealership's name,

(G) A sign showing the exact name of the business as it appears on the application In the event the manufactured housing dealer is located in a manufactured home park, the signage can be in the name of the manufactured home park. The manufactured housing dealer shall also provide sufficient disclosure to all purchasers and potential purchasers that the manufactured housing dealer is licensed by the commission to deal in manufactured homes. This disclosure shall include the actual name of the authorized licensee as provided by the applicant to the commission. At the time of application, the applicant must provide clear photographs (via mail or email) of the location showing: (1) the lot, (2) the office (inside and outside), and (3) business name sign, including any registered trade names. No applicant shall be issued a license unless their application shall show the business for which the license is sought is equipped with a suitable sign, property maintained and prominently displayed, and permanent, identifying the ownership of said business in the same name in which the application is filed. Sign letters identifying the business shall be no less than six inches high.

(H) The office shall be staffed at all posted hours by an owner, partner, officer or licensed salesperson.

Last updated October 2, 2026 at 1:29 PM

History

Effective: June 2, 2011
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-18 Record retention.

(A) A manufactured housing dealer and a manufactured housing broker shall maintain the following records of all manufactured housing purchased, leased and sold:

(1) Name and address of the previous owner;

(2) Serial number where applicable (vehicle identification number);

(3) Title number, county and state;

(4) Year and make of said manufactured housing;

(5) A purchase agreement for each manufactured housing sold, which shall include a description of the manufactured housing, the name, address, and phone number of the purchaser, the address where the home is going to if different than the purchaser's address, the sales price, and may include the manufactured housing dealer's or manufactured housing broker's permit number;

(6) Lease contracts and security agreements.

(B) Records must be maintained and easily accessible for a period of three years by those holding a license granted under Chapter 4781. of the Revised Code and by any person who held a license and has since gone out of business.

Last updated September 1, 2026 at 3:29 PM

History

Effective: June 2, 2011
Promulgated Under: 119.03

Ohio Adm.Code 4781-11-20 Foreign business license.

Any person whose principal place of business is located outside of Ohio, and who is not otherwise required to be licensed pursuant to Chapter 4781. of the Revised Code, shall not sell at retail, display, offer for sale, or deal in manufactured housing that is to be delivered into Ohio unless:

(A) The person is issued a foreign business license upon submission and approval of an application to the commission on a form prescribed by the commission; and

(B) The person is registered with the Ohio secretary of state to transact business in the state of Ohio.

Last updated September 1, 2026 at 3:29 PM

History

Effective: December 1, 2012
Promulgated Under: 119.03

Chapter 4781-12 Manufactured Home Parks

Ohio Adm.Code 4781-12-01 Manufactured home park definitions.

As used in rules 4781-12-01 to 4781-12-32 of the Administrative Code:

(A) "Develop" or "development" means any artificial change to improved or unimproved real estate, including, without limitation, buildings or structures, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials, and the construction, expansion, or substantial alteration of a manufactured home park for which plan review is required under division (A) of section 4781.31 of the Revised Code. "Development" does not include the building, construction, erection, or manufacture of any building to which section 3781.06 of the Revised Code is applicable.

(B) "Division" means the division of industrial compliance of the Ohio department of commerce.

(1) A general and temporary condition of partial or complete inundation of normally dry land areas from any of the following:

(a) The overflow of inland or tidal waters;

(b) The unusual and rapid accumulation or runoff of surface waters from any source; or

(c) Mudslides that are proximately caused by flooding as defined in paragraph (C)(1)(b) of this rule and that are akin to a river of liquid and flowing mud on the surface of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

(2) The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining that is caused by waves or currents of water exceeding anticipated cyclical levels or that is suddenly caused by an unusually high water level in a natural body of water, and that is accompanied by a severe storm; by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge; or by some similarly unusual and unforeseeable event, that results in flooding as defined in paragraph (C)(1)(a) of this rule.

(D) "Flood plain" means the area adjoining any river, stream, watercourse, or lake that has been, or may be, covered by flood water.

(E) "Freestanding auxiliary building" means a building used for storage that rests on its own support. Any structure for the specific purpose of housing or protecting fuel tanks, electrical metering equipment, or other service items shall not be considered a freestanding auxiliary building.

(F) "Habitation" means use of a manufactured home as a residence.

(G) "Lateral sanitary sewer" means the portion of the sanitary sewerage system that extends as a single terminal to the manufactured home lot.

(H) "Manufactured home" has the meaning set forth in section 3781.06 of the Revised Code. For purposes of this chapter, "mobile home" also means "manufactured home."

(I) "Manufactured home drainage system" means the plumbing fixtures, fixture traps, waste and vent pipes, and all connections within or adjacent to the manufactured home.

(J) "Manufactured home lot" means any portion of a manufactured home park designated for placement of a manufactured home for habitation.

(K) "Manufactured home park" means any tract of land upon which three or more manufactured homes, used for habitation, are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of the park. "Manufactured home park" does not include any of the following:

(1) A tract of land used solely for the storage or display for sale of manufactured or mobile homes or solely as a temporary park-camp, as defined in section 3729.01 of the Revised Code;

(2) A tract of land that is subdivided and the individual lots are for sale or sold for the purpose of installation of manufactured or mobile homes used for habitation and the roadways are dedicated to the local government authority; or

(3) A tract of land within an area that is subject to local zoning authority and subdivision requirements and is subdivided, and the individual lots are for sale or sold for the purpose of installation of manufactured or mobile homes for habitation.

(L) "Manufactured home park operator" or "park operator" or "operator" means the person who has responsible charge of the manufactured home park that is licensed under sections 4781.26 to 4781.35 of the Revised Code and this chapter.

(M) "Manufactured home park site" means the entire tract of land developed or to be developed as a manufactured home park.

(N) "One-hundred-year flood" or "base flood" means a flood having a one per cent chance of being equaled or exceeded in any given year.

(O) "One-hundred-year flood elevation" or "base flood elevation" of a one-hundred-year flood means the flood level that has a one per cent or greater chance of occurrence in any given year.

(P) "One-hundred-year flood plain" or "base flood plain" means that area adjoining any river, stream, watercourse, or lake that has been or may be inundated by a one-hundred-year flood.

(Q) "Owner" means a person who is entitled under a rental agreement with a manufactured home park operator to occupy a manufactured home park lot and who owns the manufactured home occupying the lot.

(R) "Person" has the same meaning as in section 1.59 of the Revised Code and also includes this state, any political subdivision of this state, and any other state or local body of this state.

(S) "Plumbing fixtures" means receptacles designed to receive water from the water system and to discharge liquid or sewage wastes into the sanitary sewerage system with which they are connected.

(T) "Public thoroughfare" means a street, highway, or road; owned or controlled by the state or a political subdivision; devoted to public use; and supported and maintained by public funds.

(U) "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the one-hundred-year flood without cumulatively increasing the water surface elevation more than a height designated by the federal emergency management agency or designated in local regulations or ordinances, whichever is less.

(V) "Rental Agreement" means any agreement or lease, written or oral, that establishes or modifies the terms, conditions, rules, or any other provisions concerning the use and occupancy of residential premises by one of the parties.

(W) "Resident" has the same meaning as in section 4781.01 of the Revised Code. For purposes of this chapter, "resident" also means the person or persons using a manufactured home for habitation.

(X) "Residential premises" means a lot located within a manufactured home park and the grounds, areas, and facilities contained within the manufactured home park for use of residents generally or the use of which is promised to a resident.

(Y) "Sanitary sewerage system" means pipelines or conduits, pumping stations, and force mains, and all other components used for collecting or conducting liquid or sewage wastes to a point of discharge or treatment.

(Z) "Security deposit" means any deposit of money or property to secure performance by the resident under a rental agreement.

(AA) "Sewage" means any liquid waste materials resulting from cooking and washing activities or any substance that contains excrementitious waste products.

(BB) "Sewer connector" means any pipe connecting the manufactured home plumbing system with the lateral sanitary sewer.

(CC) "Solid wastes" means such unwanted residual solid or semisolid material as results from commercial and community operations, including, but not limited to, garbage, street dirt, debris, and combustible and noncombustible material.

(DD) "Substantial damage" means damage of any origin sustained by a manufactured home that is situated in a manufactured home park located in a flood plain when the cost of restoring the manufactured home to its condition before the damage occurred will equal or exceed fifty per cent of the market value of the manufactured home before the damage occurred. "Substantial damage" also means damage of any origin sustained by freestanding auxiliary buildings; room additions; other accessory structures connected to a manufactured home; water, sewage, or electrical systems; or other service facilities including but not limited to heating, ventilation, plumbing, and air conditioning equipment, fuel oil tanks, and propane gas cylinders situated in such manufactured home parks.

(EE) "Substantially alter" means a change in the layout or design of a manufactured home park including, without limitation, the movement of utilities or changes in established streets, lots, or in other facilities. In the case of manufactured home parks located within a one-hundred-year flood plain, "substantially alter" also includes changes in elevation resulting from the addition of fill, grading, or excavation that may affect flood plain management.

(FF) "Superintendent" means the superintendent of the division of industrial compliance of the Ohio department of commerce.

(GG) "Tenant" means a person who is entitled under a rental agreement with a manufactured home park operator to occupy a manufactured home park lot, and who does not own the manufactured home occupying the lot.

(HH) "Tract" means a contiguous area of land that consists of one or more parcels or lots that have been separately surveyed, regardless of whether the individual parcels or lots have been recorded and regardless of whether the one or more parcels or lots are under common or different ownership.

(II) "Water service pipe" means the pipe from the water main or other source of water supply to the building, manufactured home, or water outlet served.

(JJ) "Water system" means any facility or part thereof used as a source of supply, or used for collection, treatment, storage, pumping, or distribution of water for human consumption.

(KK) "Wetlands" means areas of land where the water table is at, near, or above the land surface long enough each year to result in the formation of characteristically wet soil types, and support the growth of water-dependent vegetation. Wetlands include, but are not limited to, marshes, swamps, bogs, fens, and other such low-lying areas.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-02 Application of rules; license for manufactured home parks.

(A) All manufactured home parks shall comply with the provisions of Chapter 4781-12 of the Administrative Code.

(B) Except as provided in division (B) of rule 4781-12-4 of the Administrative Code, no person shall maintain or operate a manufactured home park in this state without a license issued by the division. The license shall be issued for a period not to exceed one year and may be suspended or revoked at any time for failure to comply with any provision of Chapter 4781-12 of the Administrative Code or sections 4781.26 to 4781.51 of the Revised Code.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-03 Manufactured home park license, contents of.

The license shall state the name and address of the person responsible for the maintenance and operation of the manufactured home park, the name and location of the manufactured home park, the maximum number of manufactured homes for which the manufactured home park is licensed on a form prescribed by the division. Such license shall be displayed in a conspicuous place in the manufactured home park at all times. No person who has received a license, upon the sale or disposition of the manufactured home park, may have the license transferred to the new owner.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-04 Application for manufactured home park license.

(A) On or after the first day of December but before the first day of January of the next year, every person who intends to operate a manufactured home park shall procure a license to operate the park for the next year from the division. A person shall obtain a separate license to operate each manufactured home park. This provision shall apply to all manufactured home parks except new manufactured home parks opened for business subsequent to January first of each year. An application for a license to operate a new manufactured home park during any part of the year shall be filed as hereinafter provided not less than thirty days before the manufactured home park is scheduled to open for business. If the applicable license fee charged under paragraph (C) of this rule is not received by the division by the close of business on the last day of December, the applicant for the license shall pay a penalty equal to twenty-five per cent of the applicable license fee. The penalty shall accompany the license fee. If the last day of December is not a business day, the penalty attaches upon the close of business on the next business day.

(B) The operator of a manufactured home park shall make application for a license to the division. The operator shall apply for a separate license to operate each manufactured home park. The application form shall be prescribed by the division and shall contain pertinent information relative to the licensing of the manufactured home park. In the event that operation of a park is transferred, application by the new park operator must be made to the division no less than thirty days after the transfer has occurred.

(C) The division may charge a fee for an annual license to operate such a park. The fee shall be determined in accordance with section 4781.27 of the Revised Code and shall include the cost of licensing and all inspections.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-04.1 Manufactured home park inspection.

(A) The division or its contractually designated representative shall inspect manufactured home parks and require compliance with sections 4781.26 to 4781.35 of the Revised Code and rules adopted thereunder.

(B) The division or its contractually designated representative shall have authority to enter manufactured home parks at reasonable times to conduct inspections and investigate conditions relating to the enforcement of rules 4781-12-01 to 4781-12-32 of the Administrative Code.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-04.2 Manufactured home park license fee categories.

The license fees established by the division for manufactured home parks shall be based on a base fee and the number of lots in the park, and charged in accordance with the following categories:

(A) A base fee of one hundred fifty dollars annually per park; and

(B) A fee of four dollars and fifteen cents annually per lot.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-05 Development plan approval required.

(A) No person shall develop a manufactured home park, cause development to occur within any portion of a manufactured home park, or reopen a manufactured home park on the site of a former manufactured home park until the plans therefore have been submitted to and reviewed and approved by the division.

(B) All development within any portion of a new or existing manufactured home park shall be performed in accordance with plans as approved by the division.

(C) A person who wishes to amend approved plans shall file with the division a written request for amendment. The request shall state specifically the type and extent of the amendments and may include supporting documents. The division may request additional information or depending on the extent of the amendment, may require submittal of a new set of plans that comply with rule 4781-12-06 of the Administrative Code. The division shall approve the request if the plans as amended comply with the requirements of sections 4781.26 to 4781.35 of the Revised Code and this chapter.

(D) The approval of plans issued by the division shall be valid for three years after the date on which the division issues the approval. If the superintendent or the superintendent's designee finds that the person developing a manufactured home park has made a good-faith effort to complete the development of the manufactured home park within the three-year period but has failed for reasons beyond the person's control, the superintendent or the superintendent's designee may grant one extension for a specified period of time not to exceed two years. A request for an extension shall be made to the division in writing before the expiration of the initial three-year period. If the development has not been completed within the original three-year period plus the period of any extension granted under this paragraph, the plans shall be resubmitted in accordance with paragraphs (A) and (B) of rule 4781-12-05.1 of the Administrative Code.

(E) Ownership of approved plans may be transferred from one person to another provided that the person to whom the approved plans are transferred notifies the division no more than ten days after the transfer occurs.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-05.1 Submission for review and approval of development plans.

(A) Any person who proposes to develop a manufactured home park shall do the following prior to submitting plans to the division for approval:

(1) Request that the division conduct an evaluation of the proposed location, which shall include, but not be limited to, its topography, soil conditions, previous uses, and available utilities;

(2) Obtain flood level information for the proposed location of the manufactured home park to ensure that the manufactured home park will be protected from flooding. Flood level information shall include the elevation of the one-hundred-year flood as well as a delineation of the floodway limits. Flood level information can be found on maps published by the federal emergency management agency. For locations where the federal emergency management agency has not identified flood levels, or where the federal emergency management agency maps do not indicate one-hundred-year flood elevations or delineate floodways, the division may require the submission of such flood information prepared by a registered engineer.

(3) If the proposed manufactured home park or any portion thereof is located within a one-hundred-year flood plain, the person proposing development shall submit an application to the division for any permits under rule 4781-12-07.1 of the Administrative Code for development in a one-hundred-year flood plain area.

(B) The plans submitted to the division for approval shall be prepared by a professional engineer registered to practice in Ohio, shall be submitted electronically or in quadruplicate if in hard copy, and shall be accompanied by or include the following:

(1) A completed plan review application on a form prescribed by the division and signed by the owner of the manufactured home park and the person who prepared the plans. The form shall contain identifying information about the licensee or prospective licensee of the manufactured home park, the person who prepared the plans, and the contractor, if known;

(2) Location and complete identification of any wetland areas as defined in paragraph (KK) of rule 4781-12-01 of the Administrative Code within the manufactured home park site and written verification that the permit required for the development in wetland areas has been obtained from the United States army corps of engineers;

(3) Written verification by the local fire protection authority or authorities having jurisdiction in the area that adequate fire protection is provided and that applicable fire codes will be adhered to in the construction and operation of the manufactured home park;

(4) An electronic copy, or four hard copies, of the completed manufactured home park data sheet form prescribed by the division and signed by the person who prepared the plans. The form shall contain identifying information about the owner of the manufactured home park; the person who prepared the plans; the contractor for the project; and information about the location and dimensional design of the manufactured home park relative to the lots, driveways, walkways, auto parking, lighting, solid waste collection and storage, storm water drainage, and water and sewer systems;

(5) The total area of land to be used for manufactured home park purposes;

(6) Plot plan of total park and development phases, of which each shall include area, dimensions, and elevations. If the proposed manufactured home park or any portion of the park is to be located within a one-hundred-year flood plain, a map shall be submitted that has been prepared by a registered professional engineer that shows the elevation and exact boundaries of the one-hundred-year flood plain, the specific areas of the park and lots within the one-hundred-year flood plain, and the location of the regulatory floodway if it is within the boundaries of the manufactured home park;

(7) Design plans for all entrance and exit streets, the internal street system, and parking areas, including pavement designs and cross sections;

(8) Location, number, and sizes of manufactured home lots;

(9) Design and design plans for drainage of surface and storm waters;

(10) Location of public and private service buildings;

(11) Design plans for any electrical, natural gas, propane, and fuel oil distribution systems including individual manufactured home service connections;

(12) Area lighting plan;

(13) Method and plan for blocking, base support, and anchorage of manufactured homes, freestanding auxiliary buildings, room additions, or other accessory structures connected to the manufactured home;

(14) Method of storage and collection of solid wastes;

(15) Method and layout for fire protection;

(16) The design plans and profiles of the sanitary sewerage system and the design plans for the water system;

(17) Written verification that the plans for the sanitary sewerage system and the water system, if the water is to be from a public water system, have been approved by the Ohio environmental protection agency;

(18) A copy of the location evaluation completed by the division under paragraph (A)(1) of this rule; written verification from the local zoning authority that the land use has been zoned and approved for the development of a manufactured home park; and

(19) A check or money order payable to "Treasurer, State of Ohio" or a payment by credit card for the review fee in an amount determined under paragraph (E) or paragraph (F) of this rule. Any payment of fees may be subject to a convenience fee as charged to the division. The division upon the request of the applicant for plan approval, may waive submission of any of the items required by this paragraph if the division determines that they are not necessary to review the plans effectively.

(C) If plans submitted to the division are incomplete, the division may request additional information or may return the incomplete plans without review to the person who submitted the plans. However, within thirty days after receipt of the additional information requested or receipt of complete plans that comply with paragraph (B) of this rule, the division shall approve or disapprove the plans.

(D) The division may disapprove plans if:

(1) The person submitting plans for review fails to comply with any requirements of sections 4781.26 to 4781.35 of the Revised Code or this chapter;

(2) The proposed development would not comply with any requirement of sections 4781.26 to 4781.35 of the Revised Code or this chapter;

(3) The plans submitted for review do not comply with the requirements of paragraph (B) of this rule; or

(4) The person submitting incomplete plans fails to respond to the division's request for additional information.

Any person aggrieved by the division's disapproval of plans may request a hearing on the matter. The request for a hearing must be received by the division within thirty days from the date that the notice of disapproval was mailed.

(E) The fee for plan review under this rule shall be equal to three per cent of the total cost of the proposed development up to a maximum fee of three per cent of total cost not to exceed five thousand six hundred sixty-nine dollars. This fee does not include the cost of any inspections performed under rule 4781-12-05.2 of the Administrative Code.

(F) Notwithstanding paragraph (E) of this rule, the minimum fee for plan review of new development that is not a base support system for projects received by the division on or after December 1, 2012, is four hundred five dollars. This fee does not include the cost of any inspections performed under rule 4781-12-05.2 of the Administrative Code.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-05.2 Compliance with approved plans, verification inspections.

(A) The owner or operator of a proposed manufactured home park for which plans have been approved in accordance with rule 4781-12-05 of the Administrative Code shall notify the division in writing when development of the manufactured home park has been completed but before the developed area has been placed in operation.

(B) The division shall conduct final inspections of new development in a manufactured home park to ensure that the development is consistent with this chapter and the plans submitted and approved under rule 4781-12-05 of the Administrative Code. Development in a newly constructed manufactured home park shall be inspected prior to the issuance of the initial license to operate the new manufactured home park. Development in an existing and licensed manufactured home park shall be completed prior to occupancy or before those newly developed portions of the manufactured home park are placed into operation. The division shall conduct the inspection within five business days of the notification required by paragraph (A) of this rule. The fee for any inspection conducted under this paragraph shall be one hundred sixty-five dollars per inspection.

(C) The division may conduct progress inspections at any reasonable time and may conduct more than one inspection at any stage of the development to verify that the development is consistent with the approved plans. The division may also require the operator of a manufactured home park to provide written assurance from a registered professional engineer that any electrical, water, or sanitary sewerage systems were completed in accordance with the approved plans. Inspections of development conducted by the division under this paragraph shall be charged at the rate of seventy-five dollars per hour including travel time. Inspection and travel time that exceeds fifty per cent of an hour shall be charged for the whole additional hour or portion thereof. The minimum fee for inspections conducted pursuant to this paragraph is one hundred twenty-five dollars. The fee for inspections conducted pursuant to this paragraph shall be invoiced by the division within thirty days of performing the inspection. All inspection fees shall be paid within thirty days of the date of mailing the invoice by the division. The division shall provide two business days prior notification to a licensee if the division determines that more than three inspections of development conducted pursuant to paragraph (C) of this rule are required.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-06 Site.

(A) The operator shall ensure that the manufactured home park site is remote from public health hazards, is well drained, and is not subject to recurring flooding. Each manufactured home park lot shall be properly graded to prevent the accumulation of storm or other waters.

(B) If the division notifies the operator that the manufactured home park site or any portion thereof is located in a one-hundred-year flood plain as determined by reference to the federal emergency management agency's flood insurance rate maps or other means, the operator shall provide to the division within ninety days of the notice detailed drawings and other documentation prepared by a registered professional engineer that denote the following:

(1) The exact portions of the park that are within the one-hundred-year flood plain;

(2) The elevations and exact boundaries of the one-hundred-year flood plain;

(3) The lot number of any lot or portion thereof that is located within the one-hundred-year flood plain and the type of manufactured home located on the lot; and

(4) The exact boundaries of the regulatory floodway limits if they are located within the manufactured home park.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-07 Flood plain management - notification of flood events.

When a flood event affects a manufactured home park, the following shall occur:

(A) The operator shall notify the division and the board of health having jurisdiction where the flood event occurred by email, telephone, or in person of the occurrence of the flood event within forty-eight hours after the end of the flood event;

(B) The notice required by paragraph (A) of this rule shall include the number of lots affected by the flood event, the duration of the flood event, a description of the extent of damage to the manufactured home park infrastructure, the number of manufactured homes affected by the flood event, and how many of those homes had residents prior to the flood event;

(C) After being notified of such a flood event, the board of health shall inspect the manufactured home park named in the notice. The board of health shall issue a report of inspection to the division within ten days after the inspection is completed; and

(D) In order to determine the extent of flood damage to the affected portions of the manufactured home park and any manufactured home or other structure, the division shall review the report of inspection issued by the board of health pursuant to section 4781.33 of the Revised Code.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-07.1 Flood plain management development permits.

(A) No person shall cause development to occur or cause the replacement of a manufactured home that is located within any portion of a manufactured home park that is located within a one-hundred-year flood plain unless the person first obtains a permit from the division. If the development for which a permit is required under this paragraph is to occur on a lot where a manufactured home is or is to be located, the owner and the operator shall jointly obtain a permit. Each of the persons to whom a permit is jointly issued is responsible for compliance with the provisions of the approved permit that are applicable to that person. No permit is required under this rule for the construction, erection, or manufacture of any building to which section 3781.06 of the Revised Code applies.

(B) If a manufactured home that is located in a one-hundred-year flood plain is substantially damaged as defined in paragraph (DD) of rule 4781-12-01 of the Administrative Code, the owner shall make all alterations, repairs, or changes to the manufactured home and the operator shall make all alterations, repairs, changes to the lot on which the manufactured home is located that are necessary to ensure compliance with sections 4781.26 to 4781.35 of the Revised Code and this chapter. Such alterations, repairs, or changes may include, without limitation, removal of the manufactured home or other structures. No person shall cause to be performed any alteration, repair, or change unless the person first obtains a permit from the division. The owner and the operator shall jointly obtain the permit required by this paragraph. Each of the persons to whom a permit is jointly issued is responsible for compliance with the provisions of the approved permit that are applicable to that person.

(C) An application for a permit shall be accompanied by a check in the amount of the fee determined in accordance with paragraph (D) of this rule. The application shall be made to the division on a form prescribed by the division that shall include the following information:

(1) Identifying information about the applicants including the name and address of the manufactured home park and the names and addresses of the applicants;

(2) The lot number of the lot to be developed, altered, repaired, or changed under the permit;

(3) The person, if known, who will perform the development, alteration, repair, or change;

(4) A description of the specific type of development, alteration, repair, or change to be performed;

(5) The technical information relative to elevations, types of fill materials, and methods of anchoring, blocking, elevating, or supporting the manufactured home, the free-standing auxiliary buildings, and any room additions or other accessory structures connected to the manufactured home;

(6) The method of preventing flotation or lateral movement by flood waters of service facilities such as electrical, heating, and cooling systems;

(7) The method of minimizing or eliminating infiltration of flood waters into the water system and sanitary sewerage system and method of minimizing or eliminating discharges from the sanitary sewerage system into flood waters; and

(8) The site-specific drawing designed by an Ohio registered engineer must accompany the application.

(D) The fee for the issuance of a permit under paragraph (A) or (B) of this rule shall be fifty dollars.

(E) Except as provided in paragraph (F) of this rule, a permit issued under paragraph (A) or (B) of this rule shall be valid for one year from the date of issuance of the permit. The division may grant one extension of ninety days if it finds that the person granted the permit has failed to complete the development, replacement, alteration, repair, or change for reasons beyond the applicant's control.

(F) A permit issued for development, alteration, repair, or change for which a plan review is also required under rule 4781-12-05 of the Administrative Code shall be valid for a period of time equal to the time for which approved plans are valid including any extensions granted by the division under paragraph (D) of rule 4781-12-05 of the Administrative Code.

(G) The division shall disapprove an application for a permit required under paragraph (A) or (B) of this rule unless the division finds that the proposed development, replacement, alteration, repair, or change complies with sections 4781.26 to 4781.35 of the Revised Code and this chapter.

(H) The division may suspend or revoke a permit issued under this rule for failure to comply with the approved permit, sections 4781.25 to 4781.35 of the Revised Code, or this chapter.

(I) Any person aggrieved by the disapproval, suspension, or revocation of a permit under this rule by the division may request a hearing on the matter. The request for a hearing must be received by the division within thirty days from the date that the notice of disapproval, suspension, or revocation was mailed. The hearing shall be held in accordance with Chapter 119. of the Revised Code.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-07.2 Flood plain management permit inspections.

(A) By the close of the business day following the completion of development, replacement, alteration, repair, or change for which a permit is required by paragraph (A) or (B) of rule 4781-12-07.1 of the Administrative Code, the person to whom the permit was issued shall notify the division of the completion. Such notification shall be accomplished in person or by telephone.

(B) Upon receipt of the notification required in paragraph (A) of this rule, the division shall conduct at least one inspection to determine whether the development, replacement, change, repair, or alteration has been completed in accordance with sections 4781.26 to 4781.35 of the Revised Code, this chapter, and the approved permit. The division shall conduct the inspection within five business days of such notification.

(C) In order to verify compliance with sections 4781.26 to 4781.35 of the Revised Code, this chapter, and the approved permit, the division may conduct inspections at any reasonable time and may conduct more than one inspection at any stage of the development, replacement, change, repair, or alteration for which a permit is issued. The division may also require the operator of the manufactured home park to provide written assurance from a registered engineer that the electrical, water, and sanitary sewerage systems have been completed in accordance with the approved permit.

(D) The fee for the first inspection conducted under paragraph (B) of this rule is included in the fee for the permit. The fee for any subsequent inspection or inspections shall be one hundred dollars per day for any number of inspections conducted within the same manufactured home park.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-07.3 Flood plain management elevations; floodway regulations.

(A) In addition to meeting the other requirements of this chapter, new development of a manufactured home park and development of a new lot in an existing manufactured home park located in a one-hundred-year flood plain shall be filled and graded so that the base support system is elevated to a level that equals the sum of the following:

(1) The one-hundred-year flood elevation;

(2) Up to a maximum of one foot in allowable rise height that is above the one-hundred-year flood elevation and is intended to compensate for an increase in flood heights caused by development in the flood plain. Where a flood study specifies a rise height different from that established by the federal emergency management agency, or a local ordinance specifies a different rise height, that height shall be used; and

(3) One foot in freeboard height, which is an extra margin of safety added to the one-hundred-year flood elevation to account for an increase in flood levels due to waves, debris, hydraulic surge, and other unknown factors.

Where flood plain information is not available, it shall be the responsibility of the person requesting a permit for development to provide the hydrologic and hydraulic data from a registered professional engineer necessary for the division to determine the flood protection elevation and ensure no encroachment upon the regulatory floodway.

(B) Except as provided in paragraph (C) of this rule, before a manufactured home is to be placed or replaced on an existing manufactured home park lot located within a one-hundred-year flood plain, the home shall be elevated so that the chassis is at or above a height equal to the lesser of the following:

(1) Thirty-six inches above the existing elevation of the manufactured home park lot; or

(2) The one-hundred-year flood elevation as specified on the federal emergency management agency's flood insurance rate maps or as determined by a registered professional engineer.

(C) A lot in an existing manufactured home park located within a one-hundred-year flood plain and upon which a manufactured home is substantially damaged as a result of a flood shall be elevated so that the lowest floor of the manufactured home is at or above a height equal to the one-hundred-year flood elevation as specified on the federal emergency management agency's flood insurance rate maps or as determined by a registered professional engineer.

(D) The operator shall upon the request of the division provide written verification from a registered professional engineer or registered surveyor that the elevations required under paragraphs (A), (B), and (C) of this rule have been attained.

(E) No person shall cause development within a regulatory floodway unless it has been demonstrated to the division through hydrologic and hydraulic analysis performed by a registered professional engineer that the proposed development would not result in any increase in the flood levels during the occurrence of a one-hundred-year flood.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-08 Manufactured home lots.

(A) Each manufactured home lot in a manufactured home park constructed, changed, or added to after December 16, 1951, but prior to January 1, 1961, shall have a land area of not less than twelve hundred fifty square feet.

(B) Each manufactured home lot in a manufactured home park or section thereof, constructed after December 31, 1960, but prior to July 1, 1971, shall have a land area of not less than eighteen hundred square feet; provided, however, corner lots not exceeding ten per cent of the total number of lots, may have a land area of not less than fifteen hundred square feet.

(C) Each manufactured home lot in a manufactured home park or section thereof, constructed or substantially altered after June 30, 1971, shall have a land area of not less than thirty-six hundred square feet.

(D) As of May 8, 1994, each existing manufactured home in a manufactured home park constructed prior to July 1, 1971, is not required to comply with paragraphs (E) to (G) of this rule unless the manufactured home is removed from the lot. A replacement manufactured home must comply with paragraphs (E) to (G) of this rule.

(E) Each manufactured home, in a manufactured home park constructed prior to January 1, 1961, shall be placed upon the lot so as to provide not less than ten feet distance between the sides of any manufactured homes, eight feet distance between the end of any manufactured home and the side of any manufactured home, and five feet distance between manufactured homes placed end to end.

(F) Each manufactured home, in a manufactured home park constructed prior to July 1, 1971, shall be placed upon the lot so as to provide not less than ten feet distance from any building, public roadway, street, alley, and any right-of-way designated for vehicular traffic as specified by the Ohio department of transportation or other local jurisdiction, and not less than five feet distance from roadways and parkways within the manufactured home park, and not less than five feet distance from the manufactured home park property line.

(G) Each manufactured home, in a manufactured home park constructed after December 31, 1960, or substantially altered after June 30, 1971, shall be placed upon the lot so as to provide all of the following with respect to placement of the manufactured home in proximity to other manufactured homes:

(1) A manufactured home that is placed side to side with another manufactured home or placed at an angle of less than ninety degrees shall maintain an average distance between the manufactured homes of at least fifteen feet, but in no event shall be placed at a distance of less than twelve feet at any point.

(2) A manufactured home that is placed side to end with another manufactured home or placed at an angle of ninety degrees or greater, but less than one hundred thirty-five degrees, shall maintain a minimum distance of ten feet from the other manufactured home; and

(3) A manufactured home that is placed end to end with another manufactured home or placed at a one hundred thirty-five degree or greater angle shall maintain a minimum distance of five feet from the other manufactured home.

For the purpose of this paragraph, angles shall be measured in relation to each manufactured home's side or longest length. Average distance shall be determined by dividing by two the sum of the distance between each of the two corners of one manufactured home to the closest adjacent corner on the other manufactured home.

(H) Each manufactured home in a manufactured home park constructed or substantially altered after June 30, 1971, shall be placed upon the lot so as to provide not less than fifteen feet distance from any building, public roadway, street, alley, and any right-of-way designated for vehicular traffic as specified by the Ohio department of transportation or other local jurisdiction, and not less than ten feet distance from roadways and parkways within the manufactured home park, and not less than ten feet distance from the manufactured home park property line.

(I) The operator shall be responsible for defining the manufactured home lot boundaries and requiring the proper placement of the manufactured home upon the lot. The operator shall assure compliance with the minimum spacing requirements of this rule. The operator shall also assure that an existing manufactured home that is not in compliance with the minimum spacing requirements of paragraphs (E) to (G) of this rule pursuant to paragraph (D) of this rule is not expanded, enlarged, or otherwise extended in a manner that increases the noncompliance.

(J) In all instances where a manufactured home has been placed on a lot so as to provide less than ten feet distance between the sides of manufactured homes, less than eight feet distance between the end of the manufactured home and the side of any manufactured home, or less than five feet distance between manufactured homes placed end to end, and at all times that this condition exists, the operator shall:

(1) Make conveniently available, at no charge to the resident, at least one operable dry chemical, multi-purpose "2A 10 BC" rated or equivalent pressure-type fire extinguisher; and

(2) Make conveniently available, at no charge to the resident, two functioning battery-operated single-station smoke detectors for each bedroom area if the manufactured home was constructed prior to June 15, 1976.

(K) In computing manufactured home distance requirements, width and length mean the largest overall width and length of the manufactured home including cabinets and other projections that contain interior space, lean-tos, auxiliary rooms, and similar accessories connected to the manufactured home. Width and length dimensions do not include structures that are completely open on two or more sides, roof projections, overhangs, colonnades, or eaves under which there are no interior spaces; nor do they include drawbars, couplings, or hitches.

(L) Each manufactured home lot and street in a manufactured home park shall be marked so as to be readily identifiable and easily readable from the street. Each manufactured home lot shall be identified by markings in numerals, letters, or a combination thereof, of a size of at least four inches in height. If an operator renumbers any lot or lots within the park, all renumbering shall be done in sequential order. The park operator shall notify the division and all safety service agencies at least seven days prior to placing the new numbering system into effect.

(M) The operator of a manufactured home park constructed or substantially altered after June 30, 1971 may apply to the division for a variance from the provisions of paragraphs (A) to (H) of this rule for any existing manufactured home placed or installed on a manufactured home lot as of May 8, 1994. The division shall not grant a variance unless:

(1) The applicant applies in writing to the division specifically stating the proposed variance from the particular rule provision and certifying that the noncompliance existed as of May 8, 1994;

(2) The applicant lists all other potentially reasonable alternatives for compliance and demonstrates that the alternatives have been investigated, considered, and determined to be unreasonable;

(3) The applicant demonstrates that there will be unusual and unnecessary hardship in complying with the rule provision; and

(4) The proposed variance will not adversely affect the public health and safety nor defeat the spirit and general intent of Chapter 4781-12 of the Administrative Code or sections 4781.26 to 4781.35 of the Revised Code.

The division shall request and consider recommendations from both the director of the Ohio department of health and the fire authority with jurisdiction before considering the proposed variance. The division shall conduct a hearing within thirty days after receiving the application for a variance or a request for a continuance made by the applicant. The division shall either approve or deny the application. If the application is approved, the division shall issue a written variance listing the terms and conditions of the variance. The division shall inspect the manufactured home park every twelve months to certify compliance with the terms and conditions of the variance. The division may revoke a variance if the terms or conditions of the variance or the provisions of this rule are not met or are otherwise violated. A variance is immediately void upon removal of the existing manufactured home from the lot or upon attempt to expand, enlarge, or otherwise extend a manufactured home in a manner that increases the noncompliance with the minimum spacing requirements of paragraph (G) or (H) of this rule. Any replacement manufactured home on the lot shall comply with paragraphs (G) and (H) of this rule.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-08.1 Freestanding auxiliary buildings.

(A) No freestanding auxiliary building shall be placed within five feet of any occupied manufactured home or portion thereof other than the manufactured home occupied by the owner of the freestanding auxiliary building. However, if the manufactured home park was established prior to 1961, then no freestanding auxiliary building shall be placed within four feet of any occupied manufactured home or portion thereof other than the manufactured home occupied by the owner of the freestanding auxiliary building, unless such placement would violate existing local, state, or federal law.

(B) Not more than two freestanding auxiliary buildings shall be placed on any manufactured home lot.

(C) Any freestanding auxiliary building on manufactured home lots within a manufactured home park that is located in a one-hundred-year flood plain shall be secured at the time of placement with a minimum of two tiedowns, anchors, or anchor bolts per side at or near the corners of the freestanding auxiliary building to prevent movement by wind forces, collapse, or lateral movement resulting from the flotation by floodwaters. No new or replacement auxiliary building may be placed in a regulatory floodway.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-08.2 Tiedowns; supports; blocking.

(A) Every manufactured home placed in a manufactured home park on or after June 1, 1979, shall be secured with tiedowns at the time of placement of the manufactured home upon the lot in accordance with the recommendations of the individual manufactured home manufacturer or in accordance with appendix A to this rule.

(B) Each manufactured home placed in a manufactured home park on or after September 3, 1983, shall be supported by blocking in accordance with the specifications of the individual manufactured home manufacturer or in accordance with appendix B to this rule.

(C) In addition to meeting the requirements of paragraph (B) of this rule, each manufactured home placed after the effective date of this rule on a lot in a manufactured home park that is located in a one-hundred-year flood plain shall comply with Chapter 4781-12 of the Administrative Code. Subject to approval of the division, an alternate design for blocking may be used.

(D) Each manufactured home park lot upon which a manufactured home is to be placed or replaced after the effective date of this rule shall have one of the following base support systems:

(1) A paved pad;

(2) Paved strips;

(3) Concrete piers; or

(4) An alternate base support system approved by the division, which shall be of such design, width, length, and so positioned as to furnish a stable base for the manufactured home.

Paving shall be done with concrete having a minimum rating of three thousand pounds per square inch.

View AppendixView Appendix

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-08.3 Placement notification.

(A) The operator of a manufactured home park licensed under rule 4781-12-04 of the Administrative Code shall submit to the division a list identifying each lot within the manufactured home park, the make and model of the manufactured home placed on the lot, the freestanding auxiliary buildings, room additions, or other structures on the lot, and any other documentation, information, or permanently identifying characteristics of the manufactured home as may be required by the division.

(B) If any changes are proposed within the manufactured home park that would render the information submitted under paragraph (A) of this rule inaccurate, the operator shall submit to the division within two business days prior to the proposed change a form prescribed by the division that contains the following:

(1) Information regarding the proposed placement or replacement of any manufactured homes. This information shall contain the affected lot numbers and the make and model of the replacement manufactured home;

(2) Information regarding the proposed placement or replacement of freestanding auxiliary buildings;

(3) Information regarding the proposed construction of room additions, or other accessory structures to any manufactured home;

(4) Information regarding the proposed installation of blocking, support, and tiedown systems of any manufactured home or structure reported under paragraphs (B)(1) to (B)(3) of this rule; and

(5) Information regarding any other permanently identifying characteristics of the manufactured home.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-09 Streets; walkways; auto parking.

(A) Each manufactured home lot in each manufactured home park constructed on or after December 16, 1951, but prior to January 1, 1961, shall abut on a street that has a clear unobstructed width of not less than twenty feet.

(B) Each manufactured home lot in each manufactured home park or section thereof constructed on or after December 31, 1960, but prior to July 1, 1971, shall abut on a street within the manufactured home park that has a clear unobstructed width of not less than twenty-five feet exclusive of walkway.

(C) Each manufactured home lot in each manufactured home park or section thereof constructed on or after June 30, 1971, shall abut on a paved street within the manufactured home park that is designed and constructed in accordance with the following:

(1) All entrance and exit "two-way" streets shall have a minimum width of thirty-five feet exclusive of any median strip. One-way entrance or exit streets shall have a minimum width of twenty feet;

(2) All collector, minor, or cul-de-sac streets may have a minimum width of twenty feet and parking is not permitted;

(3) The manufactured home park operator may permit parking on both sides of streets having a minimum width of thirty feet;

(4) The operator may permit parking on both sides of streets having a minimum width of twenty-eight feet that have been designated as "one-way";

(5) The operator may permit parking on one side of "two-way" streets having a minimum width of twenty-eight feet;

(6) The operator may permit parking on one side of streets having a minimum width of twenty feet that have been designated as "one-way";

(7) All materials and construction methods used in street, walkway, and parking construction shall comply with the 2016 "Construction and Material Specifications" manual published by the Ohio department of transportation;

(8) If flexible paving is used, it shall consist of a minimum of three inches of asphalt concrete placed on top of not less than six inches of properly prepared aggregate base. If rigid pavement is used, it shall consist of a minimum of five inches of plain Portland cement concrete having a minimum rating of three thousand pounds per square inch. Alternate pavements approved by the division having a strength equal to either of the above may be permitted for installation and use. The subgrade in either case shall be well drained, well compacted, and smoothly graded; and

(9) The operator shall provide an area or areas throughout the manufactured home park for visitor parking if the streets having a minimum width of twenty feet are designated as "two-way."

(D) No manufactured home lot constructed on or after January 1, 1961, shall have direct accessway for vehicles to a public thoroughfare. Those manufactured home lots constructed on or after June 1, 1979, which are adjacent to a public thoroughfare, shall be separated from the thoroughfare by either a natural or artificial barrier.

(E) The street system in a manufactured home park shall be directly connected to a public thoroughfare.

(F) Each manufactured home lot in each manufactured home park or section thereof constructed on or after June 30, 1971, shall be provided with paved on-lot parking space for two automobiles. Paving shall be done either in accordance with paragraph (J) of this rule or with a minimum of two inches of asphalt concrete placed on top of not less than six inches of aggregate base.

(G) Each manufactured home lot in each manufactured home park or section thereof constructed on or after June 30, 1971, shall be provided with a walkway paved in accordance with paragraph (J) of this rule and having a minimum width of two feet leading from the manufactured home door to the adjacent street, any main walkway, or parking area.

(H) Except as provided in paragraph (I) of this rule, each manufactured home park or portion thereof constructed after November 13, 1992, shall have a main walkway paved in accordance with paragraph (J) of this rule on at least one side of each of the manufactured home park streets. The walkway shall be parallel to the street and shall be at least three feet in width. This paragraph does not apply to cul-de-sac streets unless the cul-de-sac street is a main entrance or exit street to the manufactured home park.

(I) Notwithstanding paragraph (H) of this rule, a manufactured home park constructed on or after September 6, 1998 may be constructed without a walkway paved in accordance with paragraphs (H) and (J) of this rule, provided that the residential zoning classification in the political subdivision with jurisdiction does not require a paved walkway in all property zoned single family residential. This paragraph also applies to expansion of existing manufactured home parks, except that new walkways are not required if walkways do not currently exist. Any paved walkway either required by this rule, or provided within a manufactured home park, irrespective of whether the walkway is not required by this rule, shall be constructed in accordance with paragraphs (H) and (J) of this rule.

(J) For purposes of paragraphs (F) to (I) of this rule, paving shall be done with a minimum of four inches of plain Portland concrete having a minimum rating of three thousand pounds per square inch.

(K) All manufactured home park streets shall be maintained in a safe, passable condition at all times.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-10 Lighting.

All manufactured home park streets shall be lighted at night by not less than three-tenths foot candle of artificial light.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-11 Water systems.

(A) The operator of a manufactured home park shall ensure that the water system, including any existing fire hydrants, is maintained in a safe and sanitary manner so as not to create a hazard to the health of the manufactured home park occupants.

(B) The water supply for a manufactured home park shall be:

(1) For portions of the park developed after the effective date of this rule:

(a) From a public water supply if the manufactured home park has more than fifteen lots or the water supply serves more than twenty-five people. The water system shall be approved by the Ohio environmental protection agency; or

(b) From a private water system that meets the requirements of Chapter 3701-28 of the Administrative Code if the manufactured home park has fifteen or fewer lots and serves twenty-five or fewer people.

(2) For portions of a manufactured home park developed on or before the effective date of this rule:

(a) From a public water system approved by the Ohio environmental protection agency; or

(b) From a private water system that meets the requirements of Chapter 3701-28 of the Administrative Code.

(C) Water service pipes connected to a manufactured home shall be protected against freezing and shall meet one of the following requirements:

(1) Water service pipes located on a manufactured home park lot developed prior to June 1, 1979, shall be not less than one-half inch in diameter;

(2) Water service pipes located on a manufactured home park lot developed on or after June 1, 1979, shall be not less than three-quarters of an inch in diameter. Any new or replacement water service pipes shall have a shut-off valve installed at or near the water main.

(D) Any new or replacement water system installed in a manufactured home park located in a one-hundred-year flood plain after the effective date of this rule shall be designed to minimize or eliminate infiltration of flood waters into the system.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-12 Storm water systems.

(A) Any person proposing development of a new manufactured home park or to any portion of an existing manufactured home park shall ensure that a storm water management system is provided to carry anticipated storm water discharges from the manufactured home park site. The storm water management system shall be adequate to carry anticipated storm water discharges equal in depth and velocity to those that would occur during a ten-year frequency storm, which is the storm having a ten per cent chance of occurring in any given year.

(B) Storm water management systems shall be designed and constructed in accordance with the 2018 "Manual of Location and Design, volume 2, Drainage Design," published by the Ohio department of transportation.

(C) The manufactured home park operator shall ensure that all storm water facilities, including but not limited to culverts, catch basins, and pipes, are maintained in a clean and free-flowing condition.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-13 Location of water and sewer lines.

(A) Water supply lines or water service pipes shall not be laid in the same trench with a sanitary sewer line. Water and sewer lines shall have a minimum horizontal ten-foot separation. Where necessary to cross, the water supply line or water service pipe shall be laid not less than eighteen inches above the top of the sanitary sewer line.

(B) Water supply and sanitary sewer lines, other than individual water service pipes and sewer connectors, installed after the effective date of this rule shall be located so that they do not pass directly under any manufactured home.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-14 Park service building.

(A) Each manufactured home park that accommodates manufactured or mobile homes that are not provided with a toilet, lavatory, and bath plumbing fixtures shall provide a park service building or buildings for the exclusive use of the occupants and employees of the manufactured home park.

(B) The park service building or buildings shall have a separate toilet room for each sex with at least one toilet, one lavatory, and one bath fixture in each room. Each such room shall be clearly marked for "Men" and for "Women."

(D) No manufactured home park shall have any manufactured or mobile home that is not provided with a toilet, lavatory, and bath plumbing fixtures located more than two hundred feet from the park service building or buildings.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-15 Number of plumbing fixtures.

A park service building or buildings required by rule 4781-12-14 of the Administrative Code, shall have one toilet, one lavatory, and one bath fixture for each sex for each fifteen manufactured or mobile homes or fraction thereof not provided with complete plumbing fixtures. Water-flushed urinals may be substituted for not more than twenty-five per cent of the required toilets in such park service buildings.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-16 Sewage.

(A) All sewage and waste water from toilets, showers, bathtubs, slop sinks, lavatories, kitchen sinks, laundries, floor drains, and similar plumbing fixtures from manufactured homes and manufactured home parks shall be discharged into a sanitary sewerage system. There shall be no separate discharge from the sanitary sewerage system that could cause the discharge of any untreated sewage or other wastes into the waters of the state as defined in section 6111.01 of the Revised Code.

(B) Each manufactured home lot shall be provided with a four-inch lateral sanitary sewer that shall be effectively trapped and protected from freezing. The lateral sanitary sewer shall extend vertically to the surface of the ground and shall be properly protected to prevent breakage and the entrance of surface water into the sanitary sewerage system.

(C) The sanitary sewerage system shall be maintained in a safe and sanitary manner so as not to create a hazard to the health of the manufactured home park occupants.

(D) Any new and replacement sanitary sewerage systems installed after the effective date of this rule shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. On-site sanitary sewerage disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(E) All manufactured home park sanitary sewerage systems shall be approved by the Ohio environmental protection agency.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-17 Manufactured home connections.

Each outlet from a manufactured home sanitary sewer drainage system shall be directly connected to the lateral sanitary sewer with a sewer connector or other approved device. It shall be the responsibility of the operator to ensure that the installation of the sewer connection is performed and supervised by a properly licensed installer. There shall be no discharge of sewage onto the surface of the ground; nor shall there be any noticeable sewage odors in the manufactured home park.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-18 Solid waste, collection and storage.

(A) No solid wastes shall be permitted to accumulate in manufactured home parks except in containers as hereinafter described.

(B) Rust-resistant, watertight, non-absorbent, and easily washable containers covered with close-fitting lids shall be provided in convenient locations at manufactured home parks and shall be in sufficient numbers to contain all solid wastes accumulated between collections. All containers shall be washed and treated with a disinfectant as often as necessary to prevent nuisance.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-19 Electrical systems.

(A) Electrical systems in manufactured home parks shall be installed and maintained in accordance with the NFPA 70, National Electrical Code, 2008 edition, published by the national fire protection association and the approved plans. Electrical systems shall include all electrical wiring and connections from the manufactured home to the electrical distribution system installed by the power company. The park operator shall maintain all electrical systems in accordance with the NFPA 70.

(B) Any new or replacement electrical systems installed after November 13, 1992, in manufactured home parks located within a one-hundred-year flood plain, shall be located and designed so as to prevent water from entering or accumulating within the components during conditions of flooding.

(C) The park operator shall, upon request of the division, present acceptable written evidence from an electrical safety inspector certified by the board of building standards, Ohio department of commerce, that the electrical system is in compliance with the provisions of this rule.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-20 Fire protection.

Fire protection activities and firefighting equipment shall be in compliance with the rules and regulations of the local or state fire prevention authority.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-21 Recreation area and facilities.

(A) Each manufactured home park constructed after June 30, 1971, shall set aside and provide suitable recreational space that residents can use for recreational purposes consisting of not less than five per cent of the gross manufactured home park area.

(B) When provided, recreational facilities such as playgrounds, swimming pools, tennis courts, basketball courts, and community buildings shall meet all applicable state and local laws and regulations and shall be appropriate for the intended use. Such facilities shall be properly operated and maintained.

(C) Boats and recreation vehicles shall not be stored on the individual manufactured home lot. Each manufactured home park operator may designate an area for parking boats and recreation vehicles, which may be considered as not more than twenty-five per cent of the required recreation area.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-22 Maintenance.

(A) All manufactured home park buildings, lots, streets, walkways, and other facilities shall be maintained in a condition satisfactory to the division at all times.

(B) Domestic animals or house pets shall not be allowed to run at large or create nuisances in manufactured home parks.

(1) When flies and other insects are present, all windows, doors, and other openings to the outside of manufactured home park buildings shall be screened or other effective means provided to prevent the entrance of insects.

(2) The manufactured home park shall be kept reasonably free of flies and mosquitoes at all times.

(D) Whenever conditions in the manufactured home park provide harboring for pests, the presence of which may adversely affect the health or safety of the residents, the operator shall immediately remove such conditions in a manner satisfactory to the division.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-23 Rules.

(A) The park operator shall establish rules governing the operation and maintenance of the manufactured home park. Such rules, or any changes thereto, shall be conspicuously posted and provided to each occupant as they initially enter the manufactured home park.

(B) If the park operator amends the rules, he or she shall provide a copy of any such amendment to each resident in the manufactured home park by either personally delivering a copy or by sending a copy by first class mail to each home. The rules shall also be conspicuously posted in the park. Any new rules shall be effective thirty days after they have been provided to all residents pursuant to this rule.

(C) If the park operator fails to provide a copy of the rules or any amendment to any resident as prescribed in paragraph (A) or (B) of this rule, such rule may not be enforced against the resident.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-24 On duty.

The manufactured home park operator or a person authorized to represent him or her shall be available to the residents and the division to respond to non-emergency park matters during regular business hours. The operator or his or her agent must be available by telephone at all times in case of emergency, and must conspicuously post an emergency contact number in the manufactured home park with the rules of the manufactured home park in accordance with rule 4781-12-23 of the Administrative Code.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-25 Records.

The operator shall keep records and make reports as required by the division, consistent with the Revised Code and Chapter 4781-12 of the Administrative Code.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-26 Maintenance of records.

The division shall develop a policy regarding the maintenance of records for any inspection authorized or conducted pursuant to Chapter 4781. of the Revised Code, and such records shall be public records pursuant to section 149.43 of the Revised Code.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-27 Contracts for the division's annual inspections.

The division may enter into contracts for the purpose of fulfilling the division's annual inspection responsibilities for manufactured home parks. Boards of health of city or general health districts shall have the right of first refusal for such contracts within their respective jurisdictions.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-28 Manufactured home parks; resident's remedies; retaliation prohibited.

(A) Subject to section 4781.37 of the Revised Code, a park operator shall not retaliate against a resident by increasing the resident's rent, decreasing services that are due to the resident, refusing to renew or threatening to refuse to renew the rental agreement with the resident, or bringing or threatening to bring an action for possession of the resident's premises because:

(1) The resident has complained to an appropriate governmental agency of a violation of a building, housing, health, or safety code that is applicable to the premises, and the violation materially affects health and safety;

(2) The resident has complained to the park operator of any violation of section 4781.38 of the Revised Code; or

(3) The resident joined with other residents for the purpose of negotiating or dealing collectively with the park operator on any of the terms and conditions of a rental agreement.

(B) If a park operator acts in violation of paragraph (A) of this rule, the resident may:

(1) Use the retaliatory action of the park operator as a defense to an action by the park operator to recover possession of the premises;

(2) Recover possession of the premises; or

(3) Terminate the rental agreement.

In addition, the resident may recover from the park operator any actual damages together with reasonable attorneys' fees.

(C) Nothing in paragraph (A) of this rule prohibits a park operator from increasing the rent to reflect the cost of improvements installed by the park operator in or about the premises or to reflect an increase in other costs of operation of the premises.

(D) In the event that a court of competent jurisdiction determines that a park operator has violated division (A) of section 4781.36 of the Revised Code, the division shall consider such violation a violation of this rule and may take action pursuant to section 4781.121 of the Revised Code.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-29 Rental agreements; disclosures; rules; prohibited conditions.

(A) The park operator shall offer each home owner a written rental agreement for a manufactured home park lot for a term of one year or more that contains terms essentially the same as any alternative month-to-month rental agreement offered to current and prospective tenants and owners. The park operator shall offer the minimum one-year rental agreement to the owner prior to installation of the home in the manufactured home park, or, if the home is in the manufactured home park, prior to the expiration of the owner's existing rental agreement.

The park operator shall deliver the offer to the owner by certified mail, return receipt requested, or in person. If the park operator delivers the offer to the owner in person, the owner shall complete a return showing receipt of the offer. If the owner does not accept the offer, the park operator is discharged from any obligation to make any further such offers. If the owner accepts the offer, the park operator shall, at the expiration of each successive rental agreement, offer the owner another rental agreement, for a term that is mutually agreed upon, and that contains terms essentially the same as the alternative month-to-month agreement. The park operator shall deliver subsequent rental offers by ordinary mail or personal delivery. If the park operator sells the manufactured home park to another manufactured home park operator, the purchaser is bound by the rental agreements entered into by the purchaser's predecessor.

(B) If the park operator sells the manufactured home park for a use other than as a manufactured home park, the park operator shall give each tenant and owner a written notification by certified mail, return receipt requested, or by handing it to the tenant or owner in person. If the park operator delivers the notification in person, the recipient shall complete a return showing receipt of the notification. This notification shall contain notice of the sale of the manufactured home park and notice of the date by which the tenant or owner shall vacate. The date by which the tenant shall vacate shall be at least one hundred twenty days after receipt of the written notification, and the date by which the owner shall vacate shall be at least one hundred eighty days after receipt of the written notification.

(C) A park operator shall fully disclose in writing all fees, charges, assessments, including rental fees, and rules prior to a tenant or owner executing a rental agreement and assuming occupancy in the manufactured home park. No fees, charges, assessments, or rental fees so disclosed may be increased nor rules changed by a park operator without specifying the date of implementation of the changed fees, charges, assessments, rental fees, or rules, which date shall be not less than thirty days after written notice of the change and its effective date to all tenants or owners in the manufactured home park. No fee, charge, assessment, or rental fee shall be increased during the term of any tenant's or owner's rental agreement. Failure on the part of the park operator to fully disclose all fees, charges, or assessments shall prevent the park operator from collecting the undisclosed fees, charges, or assessments. If a tenant or owner refuses to pay any undisclosed fees, charges, or assessments, the refusal shall not be used by the park operator as a cause for eviction in any court.

(D) A park operator shall promulgate rules governing the rental or occupancy of a lot in the manufactured home park. The rules shall not be unreasonable, arbitrary, or capricious. A copy of the rules and any amendments to them shall be delivered by the park operator to the tenant or owner prior to signing the rental agreement. A copy of the rules and any amendments to them shall be posted in a conspicuous place upon the manufactured home park grounds.

(E) No park operator shall require an owner to purchase from the park operator any personal property. The park operator may determine by rule the style or quality of skirting, equipment for tying down homes, manufactured or mobile home accessories, or other equipment to be purchased by an owner from a vendor of the owner's choosing, provided that the equipment is readily available to the owner. Any such equipment shall be installed in accordance with the manufactured home park's rules.

(F) No park operator shall charge any owner who chooses to install an electric or gas appliance in a home an additional fee solely on the basis of the installation, unless the installation is performed by the park operator at the request of the owner; nor shall the park operator restrict the installation, service, or maintenance of the appliance, restrict the ingress or egress of repairpersons to the manufactured home park for the purpose of installation, service, or maintenance of the appliance, nor restrict the making of any interior improvement in a home, if the installation or improvement is in compliance with applicable building codes and other provisions of law and if adequate utility services are available for the installation or improvement.

(G) No park operator shall require a tenant to lease or an owner to purchase a manufactured or mobile home from the park operator or any specific person as a condition of or prerequisite to entering into a rental agreement.

(H) No park operator shall require an owner to use the services of the park operator or any other specific person for installation of the manufactured or mobile home on the residential premises or for the performance of any service.

(I) No park operator shall:

(1) Deny any owner the right to sell the owner's manufactured home within the manufactured home park if the owner gives the park operator ten days' notice of the intention to sell the home;

(2) Require the owner to remove the home from the manufactured home park solely on the basis of the sale of the home;

(3) Unreasonably refuse to enter into a rental agreement with a purchaser of a home located within the operator's manufactured home park;

(4) Charge any tenant or owner any fee, charge, or assessment, including a rental fee, that is not set forth in the rental agreement or, if the rental agreement is oral, is not set forth in a written disclosure given to the tenant or owner prior to the tenant or owner entering into a rental agreement; or

(5) Charge any owner any fee, charge, or assessment because of the transfer of ownership of a home or because a home is moved out of or into the manufactured home park, except a charge for the actual costs and expenses that are incurred by the park operator in moving the home out of or into the manufactured home park, or in installing the home in the manufactured home park and that have not been reimbursed by another tenant or owner.

(J) If the park operator violates any provision of paragraphs (A) to (I) of this rule, the tenant or owner may recover actual damages resulting from the violation, and, if the tenant or owner obtains a judgment, the tenant or owner may recover reasonable attorneys' fees or terminate the rental agreement.

(K) No rental agreement shall require a tenant or owner to sell, lease, or sublet the tenant's or owner's interest in the rental agreement or the manufactured or mobile home that is or will be located on the lot that is the subject of the rental agreement to any specific person or through any specific person as the person's agent.

(L) No park operator shall enter into a rental agreement with the owner of a manufactured or mobile home for the use of residential premises, if the rental agreement requires the owner of the home, as a condition to the owner's renting, occupying, or remaining on the residential premises, to pay the park operator, or any other person specified in the rental agreement, a fee or any sum of money based on the sale of the home, unless the owner of the home uses the park operator or other person as the owner's agent in the sale of the home.

(M) A park operator and a tenant or owner may include in a rental agreement any terms and conditions, including any term relating to rent, the duration of an agreement, and any other provisions governing the rights and obligations of the parties, which are not inconsistent with or prohibited by sections 4781.36 to 4781.52 of the Revised Code or any other rule of law.

(N) Notwithstanding any other provision of the Revised Code, the owner of a manufactured or mobile home may utilize the services of a manufactured housing dealer or broker licensed under Chapter 4781. of the Revised Code or a person properly licensed under Chapter 4735. of the Revised Code to sell or lease the home.

(O) In the event that a court of competent jurisdiction determines that a park operator has violated any of the divisions of section 4781.40 of the Revised Code, the division shall consider such violation of this rule and may take action pursuant to section 4781.121 of the Revised Code.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-30 Resident's duties.

(A) A resident who is a party to a rental agreement shall:

(1) Keep that part of the premises that the resident occupies and uses safe and sanitary;

(2) Dispose of all rubbish, garbage, and other waste in a clean, safe, and sanitary manner;

(3) Comply with the requirements imposed on residents by all applicable state and local housing, health, and safety codes, rules of the division, and rules of the manufactured home park;

(4) Personally refrain, and forbid any other person who is on the premises with the resident's permission, from intentionally or negligently destroying, defacing, damaging, or removing any fixture, appliance, or other part of the residential premises; and

(5) Conduct self and require other persons on the premises with the resident's consent to conduct themselves in a manner that will not disturb the resident's neighbor's peaceful enjoyment of the manufactured home park.

(B) The resident shall not unreasonably withhold consent for the park operator to enter the home to inspect utility connections or enter onto the premises in order to:

(1) Inspect the premises;

(2) Make ordinary, necessary, or agreed repairs, decorations, alterations, or improvements;

(3) Deliver parcels that are too large for the resident's mail facilities; or

(4) Supply necessary or agreed services.

(C) If the resident violates any provision of this section, the park operator may recover any actual damages that result from the violation and reasonable attorneys' fees. This remedy is in addition to any right of the park operator to terminate the rental agreement, to maintain an action for the possession of the premises, or to injunctive relief to compel access under paragraph (B) of this rule.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-31 Intimidation prohibited.

(A) No park operator of a residential premises shall initiate any act, including termination of utilities or services, exclusion from the premises, or threat of any unlawful act, against a resident or a resident whose right to possession has terminated, for the purpose of recovering possession of a residential premises, other than as provided in Chapters 1923., 4781., and 5303. of the Revised Code.

(B) No park operator of a residential premises shall seize the furnishings or possessions of a resident or of a resident whose right to possession was terminated, for the purpose of recovering rent payments, other than in accordance with an order issued by a court of competent jurisdiction.

(C) A park operator who violates this section is liable in a civil action for all damages caused to a resident or to a resident whose right to possession has terminated, together with reasonable attorneys' fees.

(D) In the event that a court of competent jurisdiction determines that a park operator has violated any of the divisions of section 4781.49 of the Revised Code, the division shall consider such violation a violation of this rule and may take action pursuant to section 4781.121 of the Revised Code.

History

Effective: January 20, 2020
Promulgated Under: 119.03

Ohio Adm.Code 4781-12-32 Security deposit limitations.

(A) Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the resident remains in possession of the premises for six months or more, and shall be computed and paid annually by the park operator to the resident.

(B) Upon termination of the rental agreement, any property or money held by the park operator as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the park operator has suffered by reason of the resident's noncompliance with section 4781.39 of the Revised Code or the rental agreement. Any deduction from the security deposit shall be itemized and identified by the park operator in a written notice delivered to the resident together with the amount due, within thirty days after termination of the rental agreement and delivery of possession. The resident shall provide the park operator in writing with a forwarding address or new address to which the written notice and amount due from the park operator may be sent. If the resident fails to provide the park operator with the forwarding or new address as required, the resident shall not be entitled to damages or attorneys' fees under paragraph (C) of this rule.

(C) If the park operator fails to comply with paragraph (B) of this rule, the resident may recover the property and money due him or her, together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorneys' fees.

(D) In the event that a court of competent jurisdiction determines that a park operator has violated any of the divisions of section 4781.50 of the Revised Code, the division shall consider such violation a violation of this rule, and may take action pursuant to section 4781.121 of the Revised Code.

History

Effective: January 20, 2020
Promulgated Under: 119.03