As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                  S. B. No. 142  5            

      1997-1998                                                    6            


               SENATORS B. JOHNSON-BLESSING-WHITE                  8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 303.21, 305.31, 319.202, 319.302,   12           

                319.54, 321.261, 321.45, 322.01, 322.02, 322.021,  13           

                322.03, 322.05, 322.99, 323.151, 323.152,                       

                323.153, 323.154, 323.155, 323.156, 323.31,        14           

                325.31, 519.21, 1151.349, 1345.71, 1506.01,        15           

                1521.01, 1923.01, 3733.01, 3733.02, 3733.021,                   

                3733.022, 3733.025, 3733.06, 3733.101, 3733.11,    16           

                3733.19, 3781.06, 3781.07, 3781.10, 3781.181,      17           

                3791.04, 4501.01, 4503.04, 4503.042, 4503.06,      19           

                4503.061, 4503.062, 4503.063, 4503.064, 4503.065,               

                4503.066, 4503.067, 4503.19, 4503.21, 4503.99,     20           

                4505.01, 4505.06, 4505.08, 4505.11, 4505.20,       21           

                4511.701, 4517.01, 4517.03, 4517.30, 4703.18,      22           

                4733.18, 4905.90, 5117.01, 5701.02,  5728.01,      23           

                5739.01, and 5739.02 and to enact sections         24           

                303.212, 322.06, 519.212, and 3781.184 of the      25           

                Revised Code to define "mobile home,"              27           

                "manufactured home,"  "industrialized unit," and   29           

                "recreational vehicle" to create distinct                       

                classifications of housing; to define              30           

                "manufactured home park" to provide exceptions     31           

                from the definition; to revise the sales and use                

                taxes applicable to manufactured homes; to         32           

                require that all manufactured and mobile homes     33           

                pay either a real property tax or a manufactured   34           

                home tax; to specify that homes taxed as real      35           

                property must be attached to a permanent                        

                foundation on land owned by the owner of the       36           

                                                          2      

                                                                 
                home; to permit manufactured and mobile homes      37           

                located in the state prior to January 1, 1998, to  38           

                continue to pay manufactured home taxes pursuant   39           

                to the existing depreciation schedule; to base                  

                the manufactured home tax for homes locating in    40           

                the state or changing ownership on or after        41           

                January 1, 1998, on the assessed value of the      42           

                home and calculated in a manner similar to real                 

                property; to establish procedures for surrender    43           

                of the certificate of title when a home is to be   44           

                taxed as real property; to specify conditions      45           

                under which trailers and park trailers are taxed   46           

                as manufactured and mobile homes; to define        47           

                homestead to include specified manufactured and                 

                mobile homes and make changes in the homestead     48           

                law to treat those homes as real property under    49           

                that law; to clarify that state and local                       

                building codes do not govern manufactured homes    50           

                but that all manufactured homes must be built      51           

                pursuant to federal standards and carry a          52           

                permanent tag to indicate compliance; to deem                   

                that manufactured homes built to federal           53           

                standards meet Ohio and local energy standards     54           

                for one-, two-, and three-family homes; to         55           

                require that manufactured homes that meet                       

                specified appearance criteria and are permanently  56           

                sited be treated as single-family homes for        57           

                zoning purposes if they meet all local zoning      58           

                requirements that do not conflict with roof pitch               

                and federal construction standards; to establish   59           

                requirements regarding the sale of individual      60           

                lots in manufactured home parks; to clarify the    61           

                duty of park operators and to extend that duty to  62           

                all types of housing in a manufactured home park;               

                                                          3      

                                                                 
                to require a moving permit be obtained prior to    63           

                moving a manufactured or mobile home on a public   64           

                roadway and establish violations for not           65           

                obtaining a permit; to expand local control of     66           

                manufactured and mobile homes by requiring the                  

                clerk of court to notify owners that the home      67           

                must be registered with the auditor, to require a  68           

                certificate of title when a manufactured addition  69           

                is made to a manufactured home, and to require                  

                that certificates of title be kept for thirty      70           

                years instead of five years; and to change the     71           

                motor vehicle law to reflect that manufactured     72           

                homes are not motor vehicles.                                   




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        74           

      Section 1.  That sections 303.21, 305.31, 319.202, 319.302,  76           

319.54, 321.261, 321.45, 322.01, 322.02, 322.021, 322.03, 322.05,  77           

322.99, 323.151, 323.152, 323.153, 323.154, 323.155, 323.156,      78           

323.31, 325.31, 519.21, 1151.349, 1345.71, 1506.01, 1521.01,       79           

1923.01, 3733.01, 3733.02, 3733.021, 3733.022, 3733.025, 3733.06,  80           

3733.101, 3733.11, 3733.19, 3781.06, 3781.07, 3781.10, 3781.181,   81           

3791.04, 4501.01, 4503.04, 4503.042, 4503.06, 4503.061, 4503.062,  82           

4503.063, 4503.064, 4503.065, 4503.066, 4503.067, 4503.19,         83           

4503.21, 4503.99, 4505.01, 4505.06, 4505.08, 4505.11, 4505.20,     84           

4511.701, 4517.01, 4517.03, 4517.30, 4703.18, 4733.18, 4905.90,    85           

5117.01, 5701.02, 5728.01, 5739.01, and 5739.02 be amended and     87           

sections 303.212, 322.06, 519.212, and 3781.184 of the Revised     89           

Code be enacted to read as follows:                                92           

      Sec. 303.21.  (A)  Except as otherwise provided in division  101          

(B) of this section, sections 303.01 to 303.25 of the Revised      102          

Code do not confer any power on any county rural zoning            103          

commission, board of county commissioners, or board of zoning      104          

appeals to prohibit the use of any land for agricultural purposes  105          

or the construction or use of buildings or structures incident to  106          

                                                          4      

                                                                 
the use for agricultural purposes of the land on which such        107          

buildings or structures are located, and no zoning certificate     108          

shall be required for any such building or structure.              109          

      (B)  A county zoning resolution, or an amendment to such     111          

resolution, may in any platted subdivision approved under section  112          

711.05, 711.09, or 711.10 of the Revised Code, or in any area      113          

consisting of fifteen or more lots approved under section 711.131  114          

of the Revised Code that are contiguous to one another, or some    115          

of which are contiguous to one another and adjacent to one side    116          

of a dedicated public road, and the balance of which are           117          

contiguous to one another and adjacent to the opposite side of     118          

the same dedicated public road regulate:                           119          

      (1)  Agriculture on lots of one acre or less;                121          

      (2)  Buildings or structures incident to the use of land     123          

for agricultural purposes on lots greater than one acre but not    124          

greater than five acres by:  set back building lines; height; and  125          

size;                                                              126          

      (3)  Dairying and animal and poultry husbandry on lots       128          

greater than one acre but not greater than five acres when at      129          

least thirty-five per cent of the lots in the subdivision are      130          

developed with at least one building, structure, or improvement    131          

that is subject to real property taxation or that is subject to    132          

the tax on manufactured AND MOBILE homes under section 4503.06 of  133          

the Revised Code.  After thirty-five per cent of the lots are so   134          

developed, dairying and animal and poultry husbandry shall be      135          

considered nonconforming use of land and buildings or structures   136          

pursuant to section 303.19 of the Revised Code.                    137          

      Division (B) of this section confers no power on any county  139          

rural zoning commission, board of county commissioners, or board   140          

of zoning appeals to regulate agriculture, buildings or            141          

structures, and dairying and animal and poultry husbandry on lots  142          

greater than five acres.                                           143          

      (C)  Such sections confer no power on any board of county    145          

commissioners, county rural zoning commission, or board of zoning  146          

                                                          5      

                                                                 
appeals to prohibit in a district zoned for agricultural,          147          

industrial, residential, or commercial uses, the use of any land   148          

for a farm market where fifty per cent or more of the gross        149          

income received from the market is derived from produce raised on  150          

farms owned or operated by the market operator in a normal crop    151          

year.  However, a board of county commissioners, as provided in    152          

section 303.02 of the Revised Code, may regulate such factors      153          

pertaining to farm markets as size of the structure, size of       154          

parking areas that may be required, set back building lines, and   155          

egress or ingress, where such regulation is necessary to protect   156          

the public health and safety.                                      157          

      Sec. 303.212.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF    160          

THIS SECTION, SECTIONS 303.01 TO 303.25 OF THE REVISED CODE DO     162          

NOT CONFER ON ANY COUNTY RURAL ZONING COMMISSION, BOARD OF COUNTY  163          

COMMISSIONERS, OR BOARD OF ZONING APPEALS, THE AUTHORITY TO        164          

PROHIBIT OR RESTRICT THE LOCATION OF A PERMANENTLY SITED                        

MANUFACTURED HOME, AS DEFINED IN DIVISION (C)(6) OF SECTION        166          

3781.06 OF THE REVISED CODE, IN ANY DISTRICT OR ZONE IN WHICH A    168          

SINGLE-FAMILY HOME IS PERMITTED.                                                

      (B)  DIVISION (A) OF THIS SECTION DOES NOT LIMIT THE         171          

AUTHORITY OF A COUNTY RURAL ZONING COMMISSION, BOARD OF COUNTY     172          

COMMISSIONERS, OR BOARD OF ZONING APPEALS TO DO EITHER OF THE                   

FOLLOWING:                                                         173          

      (1)  REQUIRE THAT A PERMANENTLY SITED MANUFACTURED HOME      176          

COMPLY WITH ALL ZONING REQUIREMENTS THAT ARE UNIFORMLY IMPOSED ON  177          

ALL SINGLE-FAMILY RESIDENCES IN THE DISTRICT OR ZONE IN WHICH THE  178          

PERMANENTLY SITED MANUFACTURED HOME IS OR IS TO BE LOCATED,        179          

EXCEPT REQUIREMENTS THAT SPECIFY A MINIMUM ROOF PITCH AND          180          

REQUIREMENTS THAT DO NOT COMPLY WITH THE STANDARDS ESTABLISHED     181          

PURSUANT TO THE "MANUFACTURED HOUSING CONSTRUCTION AND SAFETY      182          

STANDARDS ACT OF 1974," 88 STAT. 700, 42 U.S.C.A. 5401;            184          

      (2)  PROHIBIT FROM ANY RESIDENTIAL DISTRICT OR ZONE, TRAVEL  186          

TRAILERS, PARK TRAILERS, AND MOBILE HOMES, AS THESE TERMS ARE      187          

DEFINED IN SECTION 4501.01 OF THE REVISED CODE, AND MANUFACTURED   188          

                                                          6      

                                                                 
HOMES THAT DO NOT QUALIFY AS PERMANENTLY SITED MANUFACTURED        189          

HOMES.                                                                          

      Sec. 305.31.  The procedure for submitting to a referendum   199          

any resolution adopted by a board of county commissioners          200          

pursuant to division (D)(1) of section 307.697, section 322.02,    203          

322.06, 324.02, division (B)(1) of section 4301.421, section                    

4504.02, 5739.021, 5739.026, 5741.021, 5741.023, or division       205          

(C)(1) of section 5743.024 of the Revised Code or rule adopted     206          

pursuant to section 307.79 of the Revised Code shall be as         207          

prescribed by this section.                                        208          

      When EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, WHEN a  210          

petition, signed by ten per cent of the number of electors who     212          

voted for governor at the most recent general election for the     213          

office of governor in the county, is filed with the county         214          

auditor within thirty days after the date such resolution is       215          

passed or rule is adopted by the board of county commissioners,    216          

or is filed within forty-five days after the resolution is         217          

passed, in the case of a resolution adopted pursuant to section    218          

5739.021 of the Revised Code that is passed within one year after  219          

a resolution adopted pursuant to that section has been rejected    220          

or repealed by the electors, requesting that such resolution be    221          

submitted to the electors of such county for their approval or     222          

rejection, such county auditor shall, after ten days following     223          

the filing of the petition, and not later than four p.m. of the    224          

seventy-fifth day before the day of election, transmit a           225          

certified copy of the text of the resolution or rule to the board  226          

of elections.  In the case of a petition requesting that a                      

resolution adopted under division (D)(1) of section 307.697,       227          

division (B)(1) of section 4301.421, or division (C)(1) of         228          

section 5743.024 of the Revised Code be submitted to electors for  230          

their approval or rejection, the petition must be signed by seven  231          

per cent of the number of electors who voted for governor at the   232          

next preceding MOST RECENT election for the office of governor in  233          

the county.  The county auditor shall transmit the petition to     235          

                                                          7      

                                                                 
the board together with the certified copy of the resolution or    236          

rule.  The board shall examine all signatures on the petition to   237          

determine the number of electors of the county who signed the      238          

petition.  The board shall return the petition to the auditor      239          

within ten days after receiving it, together with a statement      240          

attesting to the number of such electors who signed the petition.  241          

The board shall submit the resolution or rule to the electors of   242          

the county, for their approval or rejection, at the succeeding     243          

general election held in the county in any year, or on the day of  244          

the succeeding primary election held in the county in              245          

even-numbered years, occurring subsequent to seventy-five days     246          

after the auditor certifies the sufficiency and validity of the    247          

petition to the board of elections.                                             

      No resolution shall go into effect until approved by the     249          

majority of those voting upon it.  However, a rule shall take      250          

effect and remain in effect unless and until a majority of the     251          

electors voting on the question of repeal approve the repeal.      252          

Sections 305.31 to 305.41 of the Revised Code do not prevent a     253          

county, after the passage of any resolution or adoption of any     254          

rule, from proceeding at once to give any notice or make any       255          

publication required by the resolution or rule.                    256          

      The board of county commissioners shall make available to    258          

any person, upon request, a certified copy of any resolution or    259          

rule subject to the procedure for submitting a referendum under    260          

sections 305.31 to 305.42 of the Revised Code beginning on the     261          

date the resolution or rule is adopted by the board.  The board    262          

may charge a fee for the cost of copying the resolution or rule.   263          

      As used in this section, "certified copy" means a copy       265          

containing a written statement attesting that it is a true and     266          

exact reproduction of the original resolution or rule.             267          

      Sec. 319.202.  Before the county auditor indorses any real   276          

property conveyance OR MANUFACTURED OR MOBILE HOME CONVEYANCE      277          

presented to him THE AUDITOR pursuant to section 319.20 of the     279          

Revised Code OR REGISTERS ANY MANUFACTURED OR MOBILE HOME                       

                                                          8      

                                                                 
CONVEYANCE PURSUANT TO SECTION 4503.061 OF THE REVISED CODE, the   282          

grantee or his THE GRANTEE'S representative shall submit in        283          

triplicate a statement, prescribed by the tax commissioner, and    284          

other information as the county auditor may require, declaring     285          

the value of real property OR MANUFACTURED OR MOBILE HOME          286          

conveyed, except that when the transfer is exempt under division   287          

(F)(3) of section 319.54 of the Revised Code only a statement of   288          

the reason for the exemption shall be required.  Each statement    289          

submitted under this section shall contain the information         290          

required under divisions (A) and (B) of this section.              291          

      (A)  Each statement submitted under this section shall       293          

either:                                                            294          

      (1)  Contain an affirmation by the grantee that the grantor  296          

has been asked by the grantee or his THE GRANTEE'S representative  298          

whether to the best of the grantor's knowledge either the                       

preceding or the current year's taxes on the real property OR THE  300          

CURRENT OR FOLLOWING YEAR'S TAXES ON THE MANUFACTURED OR MOBILE    301          

HOME conveyed will be reduced under division (A) of section        302          

323.152 of the Revised Code and that the grantor indicated that    303          

to the best of his THE GRANTOR'S knowledge the taxes will not be   304          

so reduced; or                                                                  

      (2)  Be accompanied by a sworn or affirmed instrument        306          

stating:                                                           307          

      (a)  To the best of the grantor's knowledge the real         309          

property OR THE MANUFACTURED OR MOBILE HOME that is the subject    310          

of the conveyance is eligible for and will receive a reduction in  312          

taxes for or payable in the current year under division (A) of     313          

section 323.152 of the Revised Code and that the reduction or      314          

reductions will be reflected in the grantee's taxes;               315          

      (b)  The estimated amount of such reductions that will be    317          

reflected in the grantee's taxes;                                  318          

      (c)  That the grantor and the grantee have considered and    320          

accounted for the total estimated amount of such reductions to     321          

the satisfaction of both the grantee and the grantor.  The         322          

                                                          9      

                                                                 
auditor shall indorse the instrument, return it to the grantee or  323          

his THE GRANTEE'S representative, and provide a copy of the        324          

indorsed instrument to the grantor or his THE GRANTOR'S            326          

representative.                                                                 

      (B)  Each statement submitted under this section shall       328          

either:                                                            329          

      (1)  Contain an affirmation by the grantee that the grantor  331          

has been asked by the grantee or his THE GRANTEE'S representative  333          

whether to the best of the grantor's knowledge the real property   334          

conveyed qualified for the current agricultural use valuation      335          

under section 5713.30 of the Revised Code either for the           336          

preceding or the current year and that the grantor indicated that  337          

to the best of his THE GRANTOR'S knowledge the property conveyed   338          

was not so qualified; or                                           339          

      (2)  Be accompanied by a sworn or affirmed instrument        341          

stating:                                                           342          

      (a)  To the best of the grantor's knowledge the real         344          

property conveyed was qualified for the current agricultural use   345          

valuation under section 5713.30 of the Revised Code either for     346          

the preceding or the current year;                                 347          

      (b)  To the extent that the property will not continue to    349          

qualify for the current agricultural use valuation either for the  350          

current or the succeeding year, that the property will be subject  351          

to a recoupment charge equal to the tax savings in accordance      352          

with section 5713.34 of the Revised Code;                          353          

      (c)  That the grantor and the grantee have considered and    355          

accounted for the total estimated amount of such recoupment, if    356          

any, to the satisfaction of both the grantee and the grantor.      357          

The auditor shall indorse the instrument, forward it to the        358          

grantee or his THE GRANTEE'S representative, and provide a copy    359          

of the indorsed instrument to the grantor or his THE GRANTOR'S     361          

representative.                                                                 

      (C)  The grantor shall pay the fee required by division      363          

(F)(3) of section 319.54 of the Revised Code; and, in the event    364          

                                                          10     

                                                                 
the board of county commissioners of the county has levied a real  365          

property OR A MANUFACTURED HOME transfer tax pursuant to Chapter   366          

322. of the Revised Code, the amount required by the real          368          

property OR MANUFACTURED HOME transfer tax so levied.  If the      369          

conveyance is exempt from the fee provided for in division (F)(3)  371          

of section 319.54 of the Revised Code and the tax, if any, levied  372          

pursuant to Chapter 322. of the Revised Code, the reason for such  373          

exemption shall be shown on the statement. Value means, in the     374          

case of any deed not a gift in whole or part, the amount of the    375          

full consideration therefor, paid or to be paid for the real       376          

estate OR MANUFACTURED HOME described in the deed, including the   377          

amount of any mortgage or vendor's lien thereon.  If property      378          

sold under a land installment contract is conveyed by the seller   379          

under such contract to a third party and the contract has been of  380          

record at least twelve months prior to the date of conveyance,     381          

value means the unpaid balance owed to the seller under the        382          

contract at the time of the conveyance, but the statement shall    383          

set forth the amount paid under such contract prior to the date    384          

of conveyance. In the case of a gift in whole or part, value       385          

means the estimated price the real estate OR MANUFACTURED HOME     386          

described in the deed would bring in the open market and under     388          

the then existing and prevailing market conditions in a sale       389          

between a willing seller and a willing buyer, both conversant      390          

with the property and with prevailing general price levels.  No    391          

person shall willfully falsify the value of property conveyed.     392          

      (D)  The auditor shall indorse each conveyance on its face   394          

to indicate the amount of the conveyance fee and compliance with   395          

this section.  The auditor shall retain the original copy of the   396          

statement of value, forward to the tax commissioner one copy on    397          

which shall be noted the most recent assessed value of the         398          

property, and furnish one copy to the grantee or his THE           399          

GRANTEE'S representative.                                          400          

      (E)  In order to achieve uniform administration and          402          

collection of the real property transfer fee required by division  403          

                                                          11     

                                                                 
(F)(3) of section 319.54 of the Revised Code, the tax              404          

commissioner shall adopt and promulgate rules for the              405          

administration and enforcement of the levy and collection of such  406          

fee.                                                               407          

      Sec. 319.302.  After complying with section 319.301 of the   416          

Revised Code AND DIVISION (D) OF SECTION 4503.06 OF THE REVISED    417          

CODE, the county auditor shall reduce the remaining sums to be     419          

levied against each parcel of real property listed on the general  420          

tax list and duplicate of real and public utility property for     421          

the current tax year, AND AGAINST EACH MANUFACTURED AND MOBILE     422          

HOME THAT IS TAXED PURSUANT TO DIVISION (C) OF SECTION 4503.06 OF  424          

THE REVISED CODE AND THAT IS ON THE MANUFACTURED HOME TAX LIST     426          

FOR THE CURRENT TAX YEAR, by ten per cent.  Except as otherwise    428          

provided in sections 323.152, and 323.158, 505.06, and 715.263 of  429          

the Revised Code, the amount of the taxes remaining after such     430          

reduction shall be the real and public utility property taxes      431          

charged and payable on such, AND THE MANUFACTURED HOME TAX         432          

CHARGED AND PAYABLE, ON EACH property and shall be the amounts     433          

certified to the county treasurer for collection.  Upon receipt    434          

of the tax duplicate, the treasurer shall certify to the tax       435          

commissioner the total amount by which such taxes were reduced     436          

under this section, as shown on the duplicate.  Such reduction     437          

shall not directly or indirectly affect the determination of the   438          

principal amount of notes that may be issued in anticipation of    439          

any tax levies or the amount of bonds or notes for any planned     440          

improvements.  If after application of sections 5705.31 and        441          

5705.32 of the Revised Code and other applicable provisions of     442          

law, including division (F) of section 321.24 of the Revised       443          

Code, there would be insufficient funds for payment of debt        444          

charges on bonds or notes payable from taxes reduced by this       445          

section, the reduction of taxes provided for in this section       446          

shall be adjusted to the extent necessary to provide funds from    447          

such taxes.                                                                     

      Sec. 319.54.  (A)  On all moneys collected by the county     456          

                                                          12     

                                                                 
treasurer on any tax duplicate of the county, other than estate    457          

tax duplicates, and on all moneys received as advance payments of  458          

personal property and classified property taxes, the county        459          

auditor, on settlement with the treasurer and tax commissioner,    460          

on or before the date prescribed by law for such settlement or     461          

any lawful extension of such date, shall be allowed as             462          

compensation for his THE COUNTY AUDITOR'S services the following   463          

percentages:                                                       464          

      (1)  On the first one hundred thousand dollars, two and      466          

one-half per cent;                                                 467          

      (2)  On the next two million dollars, eight thousand three   469          

hundred eighteen ten-thousandths of one per cent;                  470          

      (3)  On the next two million dollars, six thousand six       472          

hundred fifty-five ten-thousandths of one per cent;                473          

      (4)  On all further sums, one thousand six hundred           475          

sixty-three ten-thousandths of one per cent.                       476          

      If any settlement is not made on or before the date          478          

prescribed by law for such settlement or any lawful extension of   479          

such date, the aggregate compensation allowed to the auditor       480          

shall be reduced one per cent for each day such settlement is      481          

delayed after the prescribed date.  No penalty shall apply if the  482          

auditor and treasurer grant all requests for advances up to        483          

ninety per cent of the settlement pursuant to section 321.34 of    484          

the Revised Code.  The compensation allowed in accordance with     485          

this section on settlements made before the dates prescribed by    486          

law, or the reduced compensation allowed in accordance with this   487          

section on settlements made after the date prescribed by law or    488          

any lawful extension of such date, shall be apportioned ratably    489          

by the auditor and deducted from the shares or portions of the     490          

revenue payable to the state as well as to the county, townships,  491          

municipal corporations, and school districts.                      492          

      (B)  From all moneys collected by the county treasurer on    494          

any tax duplicate of the county, other than estate tax             495          

duplicates, and on all moneys received as advance payments of      496          

                                                          13     

                                                                 
personal property and classified property taxes, there shall be    497          

paid into the county treasury to the credit of the real estate     498          

assessment fund created by section 325.31 of the Revised Code, an  499          

amount to be determined by the county auditor, which shall not     500          

exceed the following percentages:                                  501          

      (1)  On the first one hundred thousand dollars, three and    503          

one-half per cent;                                                 504          

      (2)  On the next three million dollars, one and              506          

three-eighths per cent;                                            507          

      (3)  On the next three million dollars, one per cent;        509          

      (4)  On all further sums not exceeding one hundred fifty     511          

million dollars, three-quarters of one per cent;                   512          

      (5)  On amounts exceeding one hundred fifty million          514          

dollars, six-tenths of one per cent.                               515          

      Such compensation shall be apportioned ratably by the        517          

auditor and deducted from the shares or portions of the revenue    518          

payable to the state as well as to the county, townships,          519          

municipal corporations, and school districts.                      520          

      (C)  Each county auditor shall receive four per cent of the  522          

amount of tax collected and paid into the county treasury, on      523          

property omitted and placed by him THE COUNTY AUDITOR on the tax   524          

duplicate.                                                         525          

      (D)  On all estate tax moneys collected by the county        527          

treasurer, the county auditor, on settlement semiannually with     528          

the tax commissioner, shall be allowed, as compensation for his    529          

THE COUNTY AUDITOR'S services under Chapter 5731. of the Revised   531          

Code, the following percentages:                                   532          

      (1)  Four per cent on the first one hundred thousand         534          

dollars;                                                           535          

      (2)  One-half of one per cent on all additional sums.        537          

      Such percentages shall be computed upon the amount           539          

collected and reported at each semiannual settlement, and shall    540          

be for the use of the general fund of the county.                  541          

      (E)  On all cigarette license moneys collected by the        543          

                                                          14     

                                                                 
county treasurer, the county auditor, on settlement semiannually   544          

with the treasurer, shall be allowed as compensation for his THE   545          

COUNTY AUDITOR'S services in the issuing of such licenses          547          

one-half of one per cent of such moneys, to be apportioned         548          

ratably and deducted from the shares of the revenue payable to     549          

the county and subdivisions, for the use of the general fund of    550          

the county.                                                                     

      (F)  The county auditor shall charge and receive fees as     552          

follows:                                                           553          

      (1)  For deeds of land sold for taxes to be paid by the      555          

purchaser, five dollars;                                           556          

      (2)  For the transfer or entry of land, lot, or part of      558          

lot, to be paid by the person requiring it, fifty cents for each   559          

transfer;                                                          560          

      (3)  For receiving statements of value and administering     562          

section 319.202 of the Revised Code, one dollar, or ten cents per  563          

hundred dollars for each one hundred dollars, or fraction of one   564          

hundred dollars, of the value of THE real property OR THE          565          

MANUFACTURED OR MOBILE HOME transferred, whichever is greater,     567          

except no fee shall be charged when the transfer is made:          568          

      (a)  To or from the United States, this state, or any        570          

instrumentality, agency, or political subdivision of the United    571          

States or this state;                                              572          

      (b)  Solely in order to provide or release security for a    574          

debt or obligation;                                                575          

      (c)  To confirm or correct a deed previously executed and    577          

recorded;                                                          578          

      (d)  To evidence a gift, in trust or otherwise and whether   580          

revocable or irrevocable, between husband and wife, or parent and  581          

child or the spouse of either;                                     582          

      (e)  On sale for delinquent taxes or assessments;            584          

      (f)  Pursuant to court order, to the extent that such        586          

transfer is not the result of a sale effected or completed         587          

pursuant to such order;                                            588          

                                                          15     

                                                                 
      (g)  Pursuant to a reorganization of corporations or         590          

unincorporated associations or pursuant to the dissolution of a    591          

corporation, to the extent that the corporation conveys the        592          

property to a stockholder as a distribution in kind of the         593          

corporation's assets in exchange for the stockholder's shares in   594          

the dissolved corporation;                                         595          

      (h)  By a subsidiary corporation to its parent corporation   597          

for no consideration, nominal consideration, or in sole            598          

consideration of the cancellation or surrender of the              599          

subsidiary's stock;                                                600          

      (i)  By lease, whether or not it extends to mineral or       602          

mineral rights, unless the lease is for a term of years renewable  603          

forever;                                                           604          

      (j)  When the value of the real property OR THE              606          

MANUFACTURED OR MOBILE HOME or THE VALUE OF THE interest in real   607          

property THAT IS conveyed does not exceed one hundred dollars;     608          

      (k)  Of an occupied residential property, INCLUDING A        610          

MANUFACTURED OR MOBILE HOME, being transferred to the builder of   611          

a new residence OR TO THE DEALER OF A NEW MANUFACTURED OR MOBILE   612          

HOME when the former residence is traded as part of the            613          

consideration for the new residence OR NEW MANUFACTURED OR MOBILE  614          

HOME;                                                                           

      (l)  To a grantee other than a dealer in real property OR    616          

IN MANUFACTURED OR MOBILE HOMES, solely for the purpose of, and    617          

as a step in, the prompt sale of the real property OR              618          

MANUFACTURED OR MOBILE HOME to others;                                          

      (m)  To or from a person when no money or other valuable     620          

and tangible consideration readily convertible into money is paid  621          

or to be paid for the real estate OR MANUFACTURED OR MOBILE HOME   622          

and the transaction is not a gift;                                 624          

      (n)  Pursuant to division (B) of section 317.22, or to       626          

section 2113.61 of the Revised Code, between spouses or to a       627          

surviving spouse pursuant to section 5302.17 of the Revised Code   628          

as it existed prior to April 4, 1985, between persons pursuant to  629          

                                                          16     

                                                                 
section 5302.17 or 5302.18 of the Revised Code on or after April   630          

4, 1985, to a person who is a surviving, survivorship tenant       631          

pursuant to section 5302.17 of the Revised Code on or after April  632          

4, 1985, or pursuant to section 5309.45 of the Revised Code;       633          

      (o)  To a trustee acting on behalf of minor children of the  635          

deceased;                                                          636          

      (p)  Of an easement or right-of-way when the value of the    638          

interest conveyed does not exceed one thousand dollars;            639          

      (q)  Of property sold to a surviving spouse pursuant to      641          

section 2106.16 of the Revised Code;                               642          

      (r)  To or from an organization exempt from federal income   644          

taxation under section 501(c)(3) of the "Internal Revenue Code of  645          

1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such    646          

transfer is without consideration and is in furtherance of the     647          

charitable or public purposes of such organization;                648          

      (s)  Among the heirs at law or devisees, including a         650          

surviving spouse, of a common decedent, when no consideration in   651          

money is paid or to be paid for the real property OR MANUFACTURED  652          

OR MOBILE HOME;                                                    653          

      (t)  To a trustee of a trust, when the grantor of the trust  655          

has reserved an unlimited power to revoke the trust;               656          

      (u)  To the grantor of a trust by a trustee of the trust,    658          

when the transfer is made to the grantor pursuant to the exercise  659          

of the grantor's power to revoke the trust or to withdraw trust    660          

assets;                                                                         

      (v)  To the beneficiaries of a trust if the fee was paid on  662          

the transfer from the grantor of the trust to the trustee or if    663          

the transfer is made pursuant to trust provisions which became     664          

irrevocable at the death of the grantor;                           665          

      (w)  To a corporation for incorporation into a sports        667          

facility constructed pursuant to section 307.696 of the Revised    668          

Code.                                                              669          

      The auditor shall compute and collect the fee.  The auditor  671          

shall maintain a numbered receipt system, as prescribed by the     672          

                                                          17     

                                                                 
tax commissioner, and use such receipt system to provide a         673          

receipt to each person paying a fee.  The auditor shall deposit    674          

the receipts of the fees on conveyances in the county treasury     675          

daily to the credit of the general fund of the county.             676          

      The real property transfer fee provided for in division      678          

(F)(3) of this section shall be applicable to any conveyance of    679          

real property presented to the auditor on or after January 1,      680          

1968, regardless of its time of execution or delivery.             681          

      Sec. 321.261.  Five per cent of all delinquent real          690          

property, personal property, and manufactured AND MOBILE home      691          

taxes and assessments collected by the county treasurer shall be   692          

deposited in the delinquent tax and assessment collection fund,    693          

which shall be created in the county treasury.  The moneys in the  694          

fund, one-half of which shall be appropriated by the board of      695          

county commissioners to the treasurer and one-half of which shall  696          

be appropriated to the county prosecuting attorney, shall be used  697          

solely in connection with the collection of delinquent real        698          

property, personal property, and manufactured AND MOBILE home      699          

taxes and assessments.                                             700          

      Annually by the first day of December, the treasurer and     702          

the prosecuting attorney each shall submit a report to the board   703          

regarding the use of the moneys appropriated to their respective   704          

offices from the delinquent tax and assessment collection fund.    705          

Each report shall specify the amount appropriated to the office    706          

during the current calendar year, an estimate of the amount so     707          

appropriated that will be expended by the end of the year, a       708          

summary of how the amount appropriated has been expended in        709          

connection with delinquent tax collection activities, and an       710          

estimate of the amount that will be credited to the fund during    711          

the ensuing calendar year.                                         712          

      Sec. 321.45.  (A)  As used in this section:                  721          

      (1)  "Taxpayer" means any person in whose name a parcel of   723          

residential property is listed on the tax duplicate.               724          

      (2)  "Prepayment" means any amount given to the county       726          

                                                          18     

                                                                 
treasurer by a taxpayer under this section for the treasurer to    727          

apply as payment of the taxpayer's total taxes due in accordance   728          

with this section.                                                 729          

      (3)  "Taxes," "delinquent taxes," and "current taxes" have   731          

the same meanings as in section SECTIONS 323.01 AND 4503.06 of     733          

the Revised Code.                                                               

      (4)  "Duplicate" means the treasurer's duplicate of real     735          

and public utility property AND THE MANUFACTURED HOME TAX LIST.    736          

      (5)  "Total taxes due" means all delinquent taxes and that   738          

portion of current taxes that, in order to avoid a penalty, are    739          

required to be paid by the next date that is the last date on      740          

which an installment of taxes may be paid without penalty.         741          

      (6)  "Residential property" means single family dwellings,   743          

duplexes, doubles, and apartment buildings with not more than six  744          

units and the land on which those dwellings are located AND        745          

MANUFACTURED AND MOBILE HOMES TAXED PURSUANT TO SECTION 4503.06    746          

OF THE REVISED CODE.                                                            

      (B)(1)  A county treasurer may enter into a written          748          

agreement with any taxpayer, upon mutually agreed upon terms and   749          

conditions, under which both of the following occur:               750          

      (a)  The taxpayer agrees to tender prepayments of taxes on   752          

a parcel of residential property for which he THE TAXPAYER is the  754          

taxpayer;                                                                       

      (b)  The treasurer agrees to accept the prepayments and      756          

hold them either in an escrow fund or a separate depository        757          

account until the last day that an installment of current taxes    758          

may be paid without penalty at which time he THE TREASURER         759          

further agrees to apply, in payment of the total taxes due on the  761          

parcel, an amount of the prepayments that equals the total taxes   762          

due on the parcel.                                                              

      (2)  In addition to providing for the items enumerated in    764          

division (B)(1) of this section, the agreement may provide for     765          

the treasurer to invest prepayments held in the escrow or          766          

depository account, subject to Chapter 135. of the Revised Code,   767          

                                                          19     

                                                                 
and apply the investment earnings thereon, after deducting an      768          

amount to pay the expenses incurred by the treasurer in            769          

establishing and administering the prepayment system, as a         770          

discount against the total taxes due of each taxpayer entering     771          

into such an agreement.  The balance applied to the discounts      772          

shall be apportioned among taxpayers in such a manner that the     773          

discount credited to a taxpayer for each parcel of residential     774          

real property for which taxes are prepaid is commensurate with     775          

the amount of current taxes due and the length of time current     776          

taxes are held in escrow.  Discounts accruing to prepayments made  777          

for a tax year shall be applied against total taxes due for the    778          

ensuing tax year.  No discount shall be apportioned to a taxpayer  779          

who fails to pay the total taxes due or fails to make prepayments  780          

pursuant to the terms of the agreement.                            781          

      (C)  A prepayment accepted by a treasurer under an           783          

agreement under division (B) of this section does not constitute   784          

a payment of taxes until it is applied toward the payment of       785          

taxes as provided in this section.  A separate prepayment          786          

agreement is required for each parcel of residential property,     787          

except that a taxpayer who makes prepayments on more than one      788          

parcel may enter into a single agreement covering all of the       789          

parcels.  The single agreement shall specify the manner in which   790          

each prepayment shall be apportioned among the parcels.  The       791          

treasurer shall keep a separate record for each parcel showing     792          

the date and amount of each prepayment.                            793          

      (D)  No treasurer shall fail to apply prepayments toward     795          

the payment of taxes as required pursuant to an agreement entered  796          

under division (B) of this section; however, the total amount of   797          

prepayments shall equal or exceed the total taxes due, less any    798          

discount applied for a previous period under division (B)(2) of    799          

this section.                                                      800          

      (E)  The treasurer shall give each person who makes a tax    802          

prepayment in person at the office of the county treasurer a       803          

receipt in the form that the prepayment agreement requires.  The   804          

                                                          20     

                                                                 
treasurer shall give a receipt to a person who makes a tax         805          

prepayment to the treasurer by mail only if the taxpayer encloses  806          

with the prepayment an addressed envelope with sufficient          807          

postage, in which case the treasurer shall insert a receipt for    808          

the prepayment in that envelope and deposit it in the mail.  The   809          

treasurer may refund any amount tendered as a prepayment if the    810          

taxpayer so requests and files with the treasurer an affidavit     811          

and the supporting documents the treasurer requires providing      812          

that the taxpayer no longer owns the property.  The request for    813          

the refund shall be made prior to the date of the mailing of a     814          

tax bill and escrow statement to the taxpayer.  If a taxpayer who  815          

has entered into a prepayment agreement pursuant to this section   816          

dies before the last day on which an installment of current taxes  817          

may be paid without penalty, the treasurer may refund the amount   818          

of any prepayments made by that taxpayer to the executor or        819          

administrator of the taxpayer's estate.                            820          

      (F)  If the treasurer has received any prepayments from a    822          

taxpayer, the treasurer shall add to the tax bill required by      823          

section 323.13 of the Revised Code a tax escrow statement that     824          

shall specify the total amount of prepayments received by the      825          

treasurer on or before the date the statement was prepared, the    826          

balance of total taxes due for which no prepayment has been        827          

received, the amount of any discount to be applied to total taxes  828          

due, and the date the statement was prepared.                      829          

      (G)  If the total amount of a taxpayer's prepayments to the  831          

treasurer made on or before the final date an installment of       832          

taxes may be paid without penalty do not equal or exceed the       833          

total taxes due on that date, the taxpayer is not relieved of any  834          

late penalty or interest otherwise due pursuant to section         835          

323.121 of the Revised Code.  If the treasurer fails to apply      836          

prepayments received by his THE TREASURER'S office in accordance   837          

with the terms of an agreement and the total amount of the         839          

taxpayer's prepayments equals or exceeds the total taxes due, the  840          

taxpayer is relieved of any late penalty or interest imposed       841          

                                                          21     

                                                                 
under section 323.121 of the Revised Code.                         842          

      (H)  The office of the county treasurer shall bear all of    844          

the costs of establishing and administering a system for           845          

collecting prepayments as permitted by this section.               846          

      (I)  Before the county treasurer commences a prepayment      848          

system, the tax commissioner shall approve all procedures and      849          

forms to be used in the system.                                    850          

      (J)  The treasurer may enter into any agreements necessary   852          

to enable the taxpayer to make prepayments of taxes to the office  853          

of the treasurer through the electronic transfer of funds from an  854          

account in the name of the taxpayer at a financial institution.    855          

      Sec. 322.01.  As used in sections 322.01 to 322.05 of the    864          

Revised Code:                                                      865          

      (A)  "Value" means, in the case of any deed not a gift in    867          

whole or part, the amount of the full consideration therefor,      868          

paid or to be paid for the real estate described in the deed,      869          

including the amount of any liens thereon, with the following      870          

exceptions:                                                        871          

      (1)  The amount owed on a debt secured by a mortgage which   873          

has been of record at least twelve months prior to the date of     874          

the conveyance and which is assumed by the purchaser;              875          

      (2)  The difference between the full amount of               877          

consideration and the unpaid balance owed to the seller at the     878          

time of the conveyance of property to a third party under a land   879          

installment contract that has been of record at least twelve       880          

months prior to the date of conveyance.                            881          

      In (B)  "VALUE" MEANS, IN THE CASE OF A MANUFACTURED OR      884          

MOBILE HOME THAT IS NOT A GIFT IN WHOLE OR IN PART, THE AMOUNT OF  885          

THE FULL CONSIDERATION PAID OR TO BE PAID FOR THE HOME, INCLUDING  886          

THE AMOUNTS OF ANY LIENS THEREON.                                  887          

      (C)  "VALUE" MEANS, IN the case of a gift in whole or part,  889          

the estimated price the real estate described in the deed, OR THE  891          

MANUFACTURED OR MOBILE HOME, would bring in the open market and    893          

under the then existing and prevailing market conditions in a      894          

                                                          22     

                                                                 
sale between a willing seller and a willing buyer, both            895          

conversant with the property and with prevailing general price     896          

levels.                                                                         

      (B)(D)  "Deed" means any deed, instrument, or writing by     899          

which any real property or any interest in real property is        900          

granted, assigned, transferred, or otherwise conveyed except that  901          

it does not include any deed, instrument, or writing which         902          

grants, assigns, transfers, or otherwise conveys any real          903          

property or interests in real property exempted from the fee       904          

required by division (F)(3) of section 319.54 of the Revised       905          

Code.                                                                           

      (E)  "MANUFACTURED HOME" HAS THE SAME MEANING AS IN          908          

DIVISION (C)(4) OF SECTION 3781.06 OF THE REVISED CODE.            911          

      (F)  "MOBILE HOME" HAS THE SAME MEANING AS IN DIVISION (O)   914          

OF SECTION 4501.01 OF THE REVISED CODE.                            916          

      Sec. 322.02.  (A)  For the purpose of paying the costs of    925          

enforcing and administering the tax and providing additional       926          

general revenue for the county, any county may levy and collect a  927          

tax to be known as the real property transfer tax on each deed     928          

conveying real property or any interest in real property located   929          

wholly or partially within the boundaries of such county at a      930          

rate not to exceed thirty cents per hundred dollars for each one   931          

hundred dollars or fraction thereof of the value of the real       932          

property or interest in real property located within the           933          

boundaries of the county granted, assigned, transferred, or        934          

otherwise conveyed by such deed.  Such tax shall be levied         935          

pursuant to a resolution adopted by the board of county            936          

commissioners of such county and shall be levied at a uniform      937          

rate upon all deeds as defined in division (B)(D) of section       939          

322.01 of the Revised Code.  Prior to the adoption of any such     940          

resolution, the board of county commissioners shall conduct two    941          

public hearings thereon, the second hearing to be not less than    942          

three nor more than ten days after the first.  Notice of the       943          

date, time, and place of such hearings shall be given by           944          

                                                          23     

                                                                 
publication in a newspaper of general circulation in the county    945          

once a week on the same day of the week for two consecutive        946          

weeks, the second publication being not less than ten nor more     947          

than thirty days prior to the first hearing.  Such tax shall be    948          

levied upon the grantor named in the deed and shall be paid by     949          

the grantor for the use of the county to the county auditor at     950          

the time of the delivery of the deed as provided in section        951          

319.202 of the Revised Code and prior to the presentation of the   952          

deed to the recorder of the county for recording.                  953          

      (B)  No resolution levying a real property transfer tax      955          

pursuant to this section of the Revised Code OR A MANUFACTURED     958          

HOME TRANSFER TAX PURSUANT TO SECTION 322.06 OF THE REVISED CODE                

shall be effective sooner than thirty days following its adoption  960          

and such resolution is subject to a referendum as provided in      961          

sections 305.31 to 305.41 of the Revised Code, unless such         962          

resolution is adopted as an emergency measure necessary for the    963          

immediate preservation of the public peace, health, or safety, in  964          

which case it shall go into immediate effect.  Such emergency      965          

measure must receive an affirmative vote of all of the members of  966          

the board of commissioners, and shall state the reasons for such   967          

necessity.  A resolution may direct the board of elections to      968          

submit the question of levying the tax to the electors of the      969          

county at the next primary or general election in the county       970          

occurring not less than seventy-five days after such resolution    971          

is certified to the board.  No such resolution shall go into       972          

effect unless approved by a majority of those voting upon it.      973          

      No real property transfer tax levied pursuant to this        975          

section shall be applicable with respect to the conveyance of      976          

real property unless such conveyance takes place on or after       977          

January 1, 1968.                                                   978          

      Sec. 322.021.  The question of a repeal of a county          987          

permissive tax adopted as an emergency measure pursuant to         988          

DIVISION (B) OF section 322.02 of the Revised Code may be          989          

initiated by filing with the board of elections of the county not  991          

                                                          24     

                                                                 
less than seventy-five days before the general election in any     992          

year a petition requesting that an election be held on such        993          

question. Such petition shall be signed by qualified electors      994          

residing in the county equal in number to ten per cent of those    995          

voting for governor at the most recent gubernatorial election.     996          

      After determination by it that such petition is valid, the   998          

board of elections shall submit the question to the electors of    999          

the county at the next general election.  The election shall be    1,000        

conducted, canvassed, and certified in the same manner as regular  1,001        

elections for county offices in the county.  Notice of the         1,002        

election shall be published in a newspaper of general circulation  1,003        

in the district once a week for four consecutive weeks prior to    1,004        

the election, stating the purpose, time, and place of the          1,005        

election.  The form of the ballot cast at such election shall be   1,006        

prescribed by the secretary of state.  The question covered by     1,007        

such petition shall be submitted as a separate proposition, but    1,008        

it may be printed on the same ballot with any other proposition    1,009        

submitted at the same election other than the election of          1,010        

officers.  If a majority of the qualified electors voting on the   1,011        

question of repeal approve the repeal, the result of the election  1,012        

shall be certified immediately after the canvass by the board of   1,013        

elections to the county commissioners, who shall thereupon, after  1,014        

the current year, cease to levy the tax.                           1,015        

      Sec. 322.03.  The funds collected by a county levying a      1,024        

real property transfer tax OR A MANUFACTURED HOME TRANSFER TAX     1,025        

pursuant to sections 322.01 to 322.05, inclusive, 322.06 of the    1,026        

Revised Code shall be allocated and disbursed as follows:          1,027        

      (A)  First, for payment of the costs incurred by the county  1,029        

in the administration and enforcement of the tax;                  1,030        

      (B)  The balance remaining after payment of the expenses     1,032        

referred to in division (A) of this section shall be deposited in  1,033        

the county general fund to be expended for any purpose for which   1,034        

general fund moneys of the county may be used, including the       1,035        

acquisition or construction of permanent improvements, or in the   1,036        

                                                          25     

                                                                 
bond retirement fund for the payment of debt service charges on                 

notes or bonds of the county issued for the acquisition or         1,037        

construction of permanent improvements.  The amounts to be         1,038        

deposited in each of such funds shall be determined by the board   1,039        

of county commissioners.                                                        

      Sec. 322.05.  The levy of any excise, income, property, or   1,048        

real property, OR MANUFACTURED HOME transfer tax or fee by the     1,049        

state or by any political subdivision thereof shall not be         1,051        

construed as preempting the power of a county to levy a real                    

property OR MANUFACTURED HOME transfer tax pursuant to sections    1,052        

322.01 to 322.05, inclusive, 322.06 of the Revised Code.           1,054        

      Sec. 322.06.  (A)  FOR THE PURPOSE OF PAYING THE COSTS OF    1,057        

ENFORCING AND ADMINISTERING THE TAX AND PROVIDING ADDITIONAL       1,058        

GENERAL REVENUE FOR THE COUNTY, ANY COUNTY MAY LEVY AND COLLECT A  1,059        

TAX TO BE KNOWN AS THE MANUFACTURED HOME TRANSFER TAX ON EACH      1,060        

CERTIFICATE OF TITLE THAT CONVEYS, BY RESALE, A MANUFACTURED OR    1,061        

MOBILE HOME LOCATED WHOLLY OR PARTIALLY WITHIN THE BOUNDARIES OF   1,062        

THE COUNTY.                                                                     

      (B)  THE TAX SHALL BE ASSESSED AT A RATE EQUAL TO THE REAL   1,065        

PROPERTY TRANSFER TAX RATE OF THE COUNTY AS ADOPTED AND LEVIED BY  1,066        

THE COUNTY PURSUANT TO SECTION 322.02 OF THE REVISED CODE.         1,068        

      (C)  THE MANUFACTURED HOME TRANSFER TAX SHALL BE LEVIED AT   1,071        

A UNIFORM RATE PURSUANT TO A RESOLUTION ADOPTED BY THE BOARD OF    1,072        

COUNTY COMMISSIONERS OF THE COUNTY IN THE MANNER PRESCRIBED BY     1,073        

DIVISION (A) OF SECTION 322.02 OF THE REVISED CODE.                1,075        

      (D)  THE TAX SHALL BE LEVIED UPON THE GRANTOR NAMED ON THE   1,078        

CERTIFICATE OF TITLE AND PAID TO THE AUDITOR OF THE COUNTY IN      1,079        

WHICH THE HOME IS LOCATED AT THE TIME OF THE DELIVERY OF THE       1,080        

CERTIFICATE OF TITLE AND SHALL BE FOR THE USE OF THE COUNTY.       1,081        

      Sec. 322.99.  Whoever violates section 322.02 OR 322.06 of   1,090        

the Revised Code shall be fined not less than one hundred nor      1,092        

more than one thousand dollars, or imprisoned not more than six    1,093        

months, or both.                                                                

      Sec. 323.151.  As used in sections 323.151 to 323.157 of     1,103        

                                                          26     

                                                                 
the Revised Code:                                                  1,104        

      (A)  "Homestead" means a dwelling or, INCLUDING a unit in a  1,107        

multiple-unit dwelling or condominium AND A MANUFACTURED HOME OR                

MOBILE HOME ON WHICH A MANUFACTURED HOME TAX IS ASSESSED PURSUANT  1,109        

TO DIVISION (C)(2) OF SECTION 4503.06 OF THE REVISED CODE OR       1,112        

TAXED AS REAL PROPERTY PURSUANT TO DIVISION (B) OF SECTION         1,114        

4503.06 OF THE REVISED CODE, owned and occupied as a home by an    1,116        

individual whose domicile is in this state and who has not         1,117        

acquired ownership from a person, other than his THE INDIVIDUAL'S  1,118        

spouse, related by consanguinity or affinity for the purpose of    1,119        

qualifying for the real property tax reduction provided in         1,120        

section 323.152 of the Revised Code.  The homestead shall include  1,121        

so much of the land surrounding it, not exceeding one acre, as is  1,122        

reasonably necessary for the use of the dwelling or unit as a      1,123        

home.  An owner includes a holder of one of the several estates    1,125        

in fee, a vendee in possession under a purchase agreement or a     1,127        

land contract, a mortgagor, a life tenant, one or more tenants     1,128        

with a right of survivorship, tenants in common, and a settlor of  1,129        

a revocable inter vivos trust holding the title to a homestead     1,130        

occupied by the settlor as of right under the trust.  The tax      1,131        

commissioner shall adopt rules for the uniform classification and  1,132        

valuation of real property or portions of real property as         1,133        

homesteads.                                                        1,134        

      (B)  "Sixty-five years of age or older" means a person who   1,136        

has attained age sixty-four prior to the first day of January of   1,137        

the year of application for reduction in real estate taxes.        1,138        

      (C)  "Total income" means the adjusted gross income of the   1,140        

owner and his THE OWNER'S spouse for the year preceding the year   1,141        

in which application for a reduction in taxes is made, as          1,143        

determined under the "Internal Revenue Code of 1986," 100 Stat.    1,144        

2085, 26 U.S.C.A. 1, as amended, adjusted as follows:              1,145        

      (1)  Subtract the amount of disability benefits included in  1,147        

adjusted gross income but not to exceed fifty-two hundred          1,148        

dollars, except subtract the entire amount of disability benefits  1,149        

                                                          27     

                                                                 
included in adjusted gross income that are paid by the veteran's   1,150        

administration or a branch of the armed forces of the United       1,151        

States on account of an injury or disability;                      1,152        

      (2)  Add old age and survivors benefits received pursuant    1,154        

to the "Social Security Act" that are not included in adjusted     1,155        

gross income;                                                      1,156        

      (3)  Add retirement, pension, annuity, or other retirement   1,158        

payments or benefits not included in adjusted gross income;        1,159        

      (4)  Add tier I and tier II railroad retirement benefits     1,161        

received pursuant to the "Railroad Retirement Act," 50 Stat. 307,  1,162        

45 U.S.C.A. 228;                                                   1,163        

      (5)  Add interest on federal, state, and local government    1,165        

obligations.                                                       1,166        

      (D)  "Old age and survivors benefits received pursuant to    1,168        

the 'Social Security Act'" or "tier I railroad retirement          1,169        

benefits received pursuant to the 'Railroad Retirement Act'"       1,170        

means:                                                             1,171        

      (1)  For those persons receiving the homestead exemption     1,173        

for the first time for tax years 1976 and earlier, old age         1,174        

benefits payable under the social security or railroad retirement  1,175        

laws in effect on December 31, 1975, except in those cases where   1,176        

a change in social security or railroad retirement benefits would  1,177        

result in a reduction in income.                                   1,178        

      (2)  For those persons receiving the homestead exemption     1,180        

for the first time for tax years 1977 and thereafter, old age      1,181        

benefits payable under the social security or railroad retirement  1,182        

laws in effect on the last day of the calendar year prior to the   1,183        

year for which the homestead exemption is first received, or, if   1,184        

no such benefits are payable that year, old age benefits payable   1,185        

the first succeeding year in which old age benefits under the      1,186        

social security or railroad retirement laws are payable, except    1,187        

in those cases where a change in social security or railroad       1,188        

retirement benefits results in a reduction in income.              1,189        

      (3)  The lesser of:                                          1,191        

                                                          28     

                                                                 
      (a)  Survivors benefits payable under the social security    1,193        

or railroad retirement laws in effect on the last day of the       1,194        

calendar year prior to the year for which the homestead exemption  1,195        

is first received, or, if no such benefits are payable that year,  1,196        

survivors benefits payable the first succeeding year in which      1,197        

survivors benefits are payable; or                                 1,198        

      (b)  Old age benefits of the deceased spouse, as determined  1,200        

under division (D)(1) or (2) of this section, upon which the       1,201        

surviving spouse's survivors benefits are based under the social   1,202        

security or railroad retirement laws, except in those cases where  1,203        

a change in benefits would cause a reduction in income.            1,204        

      Survivors benefits are those described in division           1,206        

(D)(3)(b) of this section only if the deceased spouse received     1,207        

old age benefits in the year in which the deceased died.  If the   1,208        

deceased spouse did not receive old age benefits in the year in    1,209        

which the deceased spouse died, then survivors benefits are those  1,210        

described in division (D)(3)(a) of this section.                   1,211        

      (E)  "Permanently and totally disabled" means a person who   1,213        

has, on the first day of January of the year of application for    1,214        

reduction in real estate taxes, some impairment in body or mind    1,215        

that makes him THE PERSON unfit to work at any substantially       1,216        

remunerative employment which he THE PERSON is reasonably able to  1,218        

perform and which will, with reasonable probability, continue for  1,220        

an indefinite period of at least twelve months without any         1,221        

present indication of recovery therefrom or has been certified as  1,222        

permanently and totally disabled by a state or federal agency      1,223        

having the function of so classifying persons.                     1,224        

      Sec. 323.152.  In addition to the reduction in taxes         1,233        

required under section 319.302 of the Revised Code, taxes shall    1,234        

be reduced as follows:                                             1,235        

      (A)  This division applies to any of the following:          1,237        

      (1)  A person who is permanently and totally disabled;       1,239        

      (2)  A person who is sixty-five years of age or older;       1,241        

      (3)  A person who is the surviving spouse of a deceased      1,243        

                                                          29     

                                                                 
person who was permanently and totally disabled or sixty-five      1,244        

years of age or older and who applied and qualified for a          1,245        

reduction in taxes under this division in the year in which he     1,246        

died OF DEATH, provided the surviving spouse is at least           1,247        

fifty-nine but not sixty-five or more years of age on the date     1,249        

the deceased spouse dies.                                          1,250        

      Real property taxes on a homestead owned and occupied by a   1,252        

person to whom this division applies shall be further reduced for  1,253        

each year for which the owner obtains a certificate of reduction   1,254        

from the county auditor under section 323.154 of the Revised       1,255        

Code.  The reduction shall equal the amount obtained by            1,256        

multiplying the tax rate for the tax year for which the            1,257        

certificate is issued by the reduction in taxable value shown in   1,258        

the following schedule:                                            1,259        

                                      Reduce Taxable Value         1,261        

       Total Income                    by the Lesser of:           1,263        

$10,800 or less                 $5,000 or seventy-five per cent    1,266        

More than $10,800 but not       $3,000 or sixty per cent           1,268        

   more than $15,800                                                            

More than $15,800 but not       $1,000 or twenty-five per cent     1,270        

   more than $20,800                                                            

More than $20,800                             -0-                  1,272        

      (B)  Real property AND MANUFACTURED HOME taxes on any        1,274        

homestead shall be reduced for each year for which the owner       1,276        

obtains a certificate of reduction from the county auditor under   1,277        

section 323.154 of the Revised Code.  The amount of the reduction  1,278        

shall equal one-fourth of the amount by which the taxes charged    1,279        

and payable on the homestead are reduced for such year under       1,280        

section 319.302 of the Revised Code.                               1,281        

      The reductions granted by this section do not apply to       1,283        

special assessments or respread of assessments levied against the  1,284        

homestead, and if there is a transfer of ownership subsequent to   1,285        

the filing of an application for a reduction in taxes, such        1,286        

reductions are not forfeited for such year by virtue of such       1,287        

                                                          30     

                                                                 
transfer.                                                          1,288        

      The reductions in taxable value referred to in this section  1,290        

shall be applied solely as a factor for the purpose of computing   1,291        

the reduction of taxes under this section and shall not affect     1,292        

the total value of property in any subdivision or taxing district  1,293        

as listed and assessed for taxation on the tax lists and           1,294        

duplicates, or any direct or indirect limitations on indebtedness  1,295        

of a subdivision or taxing district.  If after application of      1,296        

sections 5705.31 and 5705.32 of the Revised Code, including the    1,297        

allocation of all levies within the ten-mill limitation to debt    1,298        

charges to the extent therein provided, there would be             1,299        

insufficient funds for payment of debt charges not provided for    1,300        

by levies in excess of the ten-mill limitation, the reduction of   1,301        

taxes provided for in sections 323.151 to 323.157 of the Revised   1,302        

Code, shall be proportionately adjusted to the extent necessary    1,303        

to provide such funds from levies within the ten-mill limitation.  1,304        

      No reduction shall be made on the taxes due on the           1,306        

homestead of any person convicted of violating division (C) or     1,307        

(D) of section 323.153 of the Revised Code for a period of three   1,308        

years following the conviction.                                    1,309        

      Sec. 323.153.  (A)  To obtain a reduction in real property   1,320        

taxes under division (A) or (B) of section 323.152 of the Revised  1,321        

Code OR IN MANUFACTURED HOME TAXES UNDER DIVISION (B) OF SECTION   1,322        

323.152 OF THE REVISED CODE, the owner shall file an application   1,323        

with the county auditor of the county in which his THE OWNER'S     1,324        

homestead is located.                                                           

      (1)  An application for reduction based upon a physical      1,326        

disability shall be accompanied by a certificate signed by a       1,327        

physician, and an application for reduction based upon a mental    1,328        

disability shall be accompanied by a certificate signed by a       1,329        

physician or psychologist licensed to practice in this state,      1,330        

attesting to the fact that the applicant is permanently and        1,331        

totally disabled.  The certificate shall be in a form that the     1,332        

tax commissioner requires and shall include the definition of      1,333        

                                                          31     

                                                                 
permanently and totally disabled as set forth in section 323.151   1,334        

of the Revised Code.  An application for reduction based upon a    1,335        

disability certified as permanent and total by a state or federal  1,336        

agency having the function of so classifying persons shall be      1,337        

accompanied by a certificate from that agency.  Such an            1,338        

application constitutes a continuing application for a reduction   1,339        

in taxes for each year in which the dwelling is the applicant's    1,340        

homestead and the amount of the reduction in taxable value to      1,341        

which he THE APPLICANT is entitled does not exceed either the      1,342        

amount or percentage of the reduction to which he THE APPLICANT    1,344        

was entitled for the year in which the application was first       1,346        

filed.                                                                          

      (2)  An application for a reduction in taxes under division  1,348        

(B) of section 323.152 of the Revised Code shall be filed only if  1,349        

the homestead was transferred in the preceding year or did not     1,350        

qualify for and receive the reduction in taxes under that          1,351        

division for the preceding tax year.  Such an application          1,352        

constitutes a continuing application for a reduction in taxes for  1,353        

each year in which the dwelling is the applicant's homestead.      1,354        

      (3)  Failure to receive a new application filed under        1,356        

division (A)(1) or (2) or notification under division (C) of this  1,357        

section after a certificate of reduction has been issued under     1,358        

section 323.154 of the Revised Code is prima-facie evidence that   1,359        

the original applicant is entitled to the reduction in taxes       1,360        

calculated on the basis of the information contained in his THE    1,362        

original application.  The original application and any                         

subsequent application, including any late application, shall be   1,363        

in the form of a signed statement and shall be filed after the     1,364        

first Monday in January and not later than the first Monday in     1,365        

June.  THE ORIGINAL APPLICATION AND ANY SUBSEQUENT APPLICATION     1,366        

FOR A REDUCTION IN REAL PROPERTY TAXES SHALL BE FILED IN THE YEAR  1,368        

FOR WHICH THE REDUCTION IS SOUGHT.  THE ORIGINAL APPLICATION AND   1,369        

ANY SUBSEQUENT APPLICATION FOR A REDUCTION IN MANUFACTURED HOME    1,370        

TAXES SHALL BE FILED IN THE YEAR PRECEDING THE YEAR FOR WHICH THE  1,371        

                                                          32     

                                                                 
REDUCTION IS SOUGHT.  The statement shall be on a form, devised    1,372        

and supplied by the tax commissioner, which shall require no more  1,373        

information than is necessary to establish the applicant's         1,374        

eligibility for the reduction in taxes and the amount of the       1,375        

reduction and shall include an affirmation by the applicant that   1,376        

ownership of the homestead was not acquired from a person, other   1,377        

than his THE APPLICANT'S spouse, related to the owner by           1,379        

consanguinity or affinity for the purpose of qualifying for the    1,380        

real property OR MANUFACTURED HOME tax reduction provided for in   1,381        

division (A) or (B) of section 323.152 of the Revised Code.  The   1,382        

form shall contain a statement that conviction of willfully        1,383        

falsifying information to obtain a reduction in taxes or failing   1,384        

to comply with division (C) of this section results in the         1,385        

revocation of the right to the reduction for a period of three     1,386        

years.  In the case of an application for a reduction in taxes     1,387        

under division (A) of section 323.152 of the Revised Code, the     1,388        

form shall contain a statement that signing the application        1,389        

constitutes a delegation of authority by the applicant to the      1,390        

county auditor to examine any financial records relating to        1,391        

income earned by the applicant as stated on the application for    1,392        

the purpose of determining possible violation of division (D) or   1,393        

(E) of this section.                                               1,394        

      (B)  A late application for a tax reduction for the year     1,396        

preceding the year in which an original application is filed, OR   1,397        

FOR A REDUCTION IN MANUFACTURED HOME TAXES FOR THE YEAR IN WHICH   1,398        

AN ORIGINAL APPLICATION IS FILED, may be filed with the original   1,399        

application.  If the auditor determines the information contained  1,401        

in the late application is correct, he THE AUDITOR shall           1,402        

determine the amount of the reduction in taxes to which the        1,403        

applicant would have been entitled for the preceding tax year had  1,404        

his THE APPLICANT'S application been timely filed and approved in  1,406        

that year.                                                                      

      The amount of such reduction shall be treated by the         1,408        

auditor as an overpayment of taxes by the applicant and shall be   1,409        

                                                          33     

                                                                 
refunded in the manner prescribed in section 5715.22 of the        1,410        

Revised Code for making refunds of overpayments.  On the first     1,411        

day of July of each year, the county auditor shall certify the     1,412        

total amount of the reductions in taxes made in the current year   1,413        

under this division to the tax commissioner, who shall treat the   1,414        

full amount thereof as a reduction in taxes for the preceding tax  1,415        

year and shall make reimbursement to the county therefor in the    1,416        

manner prescribed by section 323.156 of the Revised Code, from     1,417        

money appropriated for that purpose.                               1,418        

      (C)  If, in any year after an application has been filed     1,420        

under division (A) of this section, the owner does not qualify     1,421        

for a reduction in taxes on the homestead set forth on such        1,422        

application, or qualifies for a reduction in taxes that is to be   1,423        

based upon a reduction in taxable value less than either the       1,424        

percentage or amount of the reduction in taxable value to which    1,425        

he THE OWNER was entitled in the year the application was filed,   1,427        

the owner shall notify the county auditor that he THE OWNER is     1,428        

not qualified for a reduction in taxes or file a new application                

under division (A) of this section.                                1,429        

      Each year during January, the county auditor shall furnish   1,431        

by ordinary mail a continuing application to each person issued a  1,432        

certificate of reduction under section 323.154 of the Revised      1,433        

Code with respect to a reduction in taxes under division (A) of    1,434        

section 323.152 of the Revised Code.  The continuing application   1,435        

shall be used to report changes in total income that would have    1,436        

the effect of increasing or decreasing the reduction in taxable    1,437        

value to which the owner is entitled, changes in ownership of the  1,438        

homestead, including changes in or revocation of a revocable       1,439        

inter vivos trust, changes in disability, and other changes in     1,440        

the information earlier furnished the auditor relative to his THE  1,442        

reduction in taxes on the property.  The continuing application                 

shall be returned to the auditor not later than the first Monday   1,443        

in June; provided, that if such changes do not affect the status   1,444        

of the homestead exemption or the amount of the reduction to       1,445        

                                                          34     

                                                                 
which the owner is entitled under division (A) of section 323.152  1,446        

of the Revised Code, the application does not need to be           1,447        

returned.                                                          1,448        

      Each year during February, the county auditor shall furnish  1,450        

by ordinary mail an original application to the owner, as of the   1,451        

first day of January of that year, of a homestead that             1,452        

transferred during the preceding calendar year and that qualified  1,453        

for and received a reduction in taxes under division (B) of        1,454        

section 323.152 of the Revised Code for the preceding tax year.    1,455        

In order to receive the reduction under that division, the owner   1,456        

shall file the application with the county auditor not later than  1,457        

the first Monday in June.  If the application is not timely        1,458        

filed, the auditor shall not grant a reduction in taxes for the    1,459        

homestead for the current year, and shall notify the owner that    1,460        

the reduction in taxes has not been granted, in the same manner    1,461        

prescribed under section 323.154 of the Revised Code for           1,462        

notification of denial of an application.  Failure of an owner to  1,463        

receive an application under this paragraph does not excuse the    1,464        

failure of the owner to file an original application.              1,465        

      (D)  No person shall knowingly make a false statement for    1,467        

the purpose of obtaining a reduction in his THE PERSON'S real      1,468        

property OR MANUFACTURED HOME taxes under section 323.152 of the   1,470        

Revised Code.                                                                   

      (E)  No person shall knowingly fail to notify the county     1,472        

auditor of changes required by division (C) of this section which  1,473        

have the effect of maintaining or securing a reduction in taxable  1,474        

value of homestead property or a reduction in taxes in excess of   1,475        

the reduction allowed under section 323.152 of the Revised Code.   1,476        

      (F)  No person shall knowingly make a false statement or     1,478        

certification attesting to any person's physical or mental         1,479        

condition for purposes of qualifying such person for tax relief    1,480        

pursuant to sections 323.151 to 323.157 of the Revised Code.       1,481        

      Sec. 323.154.  On or before the day the COUNTY auditor has   1,491        

completed the duties imposed by sections 319.30 to 319.302 of the  1,492        

                                                          35     

                                                                 
Revised Code, he THE COUNTY AUDITOR shall issue a certificate of   1,494        

reduction in taxes in triplicate for each person who has complied               

with section 323.153 of the Revised Code and whose homestead the   1,495        

auditor finds is entitled to a reduction in real property OR       1,496        

MANUFACTURED HOME taxes for that year under section 323.152 of     1,498        

the Revised Code.  In the case of a homestead entitled to a        1,499        

reduction under division (A) of that section, the certificate      1,500        

shall state the taxable value of the homestead on the first day    1,501        

of January of that year, the amount of the reduction in taxable    1,502        

value and the total reduction in taxes for that year under that    1,503        

section, the tax rate that is applicable against such homestead    1,504        

for that year, and any other information the tax commissioner      1,505        

requires.  In the case of a homestead entitled to a reduction      1,506        

under division (B) of that section, the certificate shall state    1,507        

the total amount of the reduction in taxes for that year under     1,508        

that section and any other information the tax commissioner        1,509        

requires.  The certificate for reduction in taxes shall be on a    1,510        

form approved by the commissioner.  Upon issuance of such a        1,511        

certificate, the county auditor shall forward one copy and the     1,512        

original to the county treasurer and retain one copy.  The county  1,513        

auditor shall also record the amount of reduction in taxes in the  1,514        

appropriate column on the general tax list and duplicate of real   1,515        

and public utility property AND ON THE MANUFACTURED HOME TAX       1,516        

LIST.                                                                           

      If an application, late application, or continuing           1,518        

application is not approved, or if the county auditor otherwise    1,519        

determines that a homestead does not qualify for a reduction in    1,520        

taxes under division (A) or (B) of section 323.152 of the Revised  1,521        

Code, the auditor shall notify the applicant of the reasons for    1,522        

denial not later than the first Monday in October.  If a person    1,523        

AN APPLICANT believes that his THE application for reduction has   1,525        

been improperly denied or that the reduction is for less than      1,526        

that to which he THE APPLICANT is entitled, he THE APPLICANT may   1,527        

file an appeal with the county board of revision not later than    1,529        

                                                          36     

                                                                 
the date of closing of the collection for the first half of real   1,530        

and public utility property taxes OR MANUFACTURED HOME TAXES.      1,531        

The appeal shall be treated in the same manner as a complaint      1,532        

relating to the valuation or assessment of real property under     1,533        

Chapter 5715. of the Revised Code.                                 1,534        

      Sec. 323.155.  The county treasurer shall retain the         1,543        

original certificate of reduction in taxes and forward the copy    1,544        

to the person to whom the certificate is issued along with the     1,545        

tax bill submitted pursuant to section 323.13 of the Revised Code  1,546        

OR THE ADVANCE PAYMENT CERTIFICATE SUBMITTED PURSUANT TO SECTION   1,547        

4503.061 OF THE REVISED CODE.  Such tax bill shall indicate the                 

net amount of taxes due following the reductions in taxes under    1,549        

sections 319.301, 319.302, and 323.152 of the Revised Code.        1,550        

      Any reduction in taxes under this section shall be           1,552        

disregarded as income or resources in determining eligibility for  1,553        

any program or calculating any payment under Title LI of the       1,554        

Revised Code.                                                                   

      Sec. 323.156.  Within thirty days after a settlement of      1,563        

taxes under divisions (A) and (C) of section 321.24 of the         1,564        

Revised Code, the county treasurer shall certify to the tax        1,565        

commissioner one-half of the total amount of taxes ON REAL         1,566        

PROPERTY that were reduced pursuant to section 323.152 of the      1,567        

Revised Code for the preceding tax year, AND ONE-HALF OF THE       1,568        

TOTAL AMOUNT OF TAXES ON MANUFACTURED AND MOBILE HOMES THAT WERE   1,570        

REDUCED PURSUANT TO SECTION 323.152 OF THE REVISED CODE FOR THE    1,572        

CURRENT TAX YEAR, as evidenced by the certificates of reduction    1,573        

and the tax duplicate certified to him THE COUNTY TREASURER by     1,575        

the county auditor.  The commissioner, within thirty days of the   1,576        

receipt of such certification, shall provide for payment to the    1,577        

county treasurer, from the general revenue fund, of the amount     1,578        

certified, which shall be credited upon receipt to the county's    1,579        

undivided income tax fund, and an amount equal to two per cent of  1,580        

the amount by which taxes were reduced, which shall be credited    1,581        

upon receipt to the county general fund as a payment, in addition  1,582        

                                                          37     

                                                                 
to the fees and charges authorized by sections 319.54 and 321.26   1,583        

of the Revised Code, to the county auditor and treasurer for the   1,584        

costs of administering the exemption provided under sections       1,585        

323.151 to 323.157 of the Revised Code.                            1,586        

      Immediately upon receipt of funds into the county undivided  1,588        

income tax fund under this section, the auditor shall distribute   1,589        

the full amount thereof among the taxing districts in the county   1,590        

as though the total had been paid as taxes by each person for      1,591        

whom taxes were reduced under sections 323.151 to 323.157 of the   1,592        

Revised Code.                                                      1,593        

      Sec. 323.31.  (A)  Delinquent taxes charged against any      1,602        

entry of real property OR MANUFACTURED OR MOBILE HOME PURSUANT TO  1,603        

SECTION 4503.06 OF THE REVISED CODE may be paid pursuant to this   1,604        

division by the person who owns the real property OR MANUFACTURED  1,605        

OR MOBILE HOME or is a vendee in possession under a purchase       1,607        

agreement or land contract after entering into a written           1,608        

undertaking with the county treasurer in a form prescribed or      1,609        

approved by the tax commissioner.  The undertaking may be entered  1,610        

into at any time prior to the county prosecuting attorney's        1,611        

commencement of foreclosure proceedings pursuant to section        1,612        

323.25 or 5721.18 of the Revised Code, or commencement of          1,613        

foreclosure and forfeiture proceedings pursuant to section         1,614        

5721.14 of the Revised Code.  A duplicate copy of each such        1,615        

undertaking shall be filed with the county auditor, who shall      1,616        

attach such copy to the delinquent land tax certificate or                      

delinquent vacant land tax certificate, THE DELINQUENT             1,617        

MANUFACTURED HOME TAX LIST, or who shall enter an asterisk in the  1,619        

margin next to the entry for the tract or lot on the master list   1,620        

of delinquent tracts, THE DELINQUENT MANUFACTURED HOME TAX LIST,   1,621        

or master list of delinquent vacant tracts, prior to filing it     1,622        

with the prosecuting attorney under section 5721.13 of the         1,623        

Revised Code.  If the undertaking is entered into after the        1,624        

certificate or the master list has been filed with the             1,625        

prosecuting attorney, the treasurer shall file the duplicate copy  1,626        

                                                          38     

                                                                 
with the prosecuting attorney.                                                  

      An undertaking entered into under this division shall        1,628        

provide for the payment of delinquent taxes in installments over   1,629        

a period not to exceed five years beginning on the earliest date   1,630        

delinquent taxes that are the subject of the undertaking were      1,631        

included in a certification under section 5721.011 of the Revised  1,632        

Code; however, a person entering into an undertaking may request,  1,633        

and the treasurer shall allow, an undertaking providing for        1,634        

payment in installments over a period of no fewer than two years   1,635        

beginning on that date.  For each undertaking, the county          1,636        

treasurer shall determine, and shall specify in the undertaking,   1,637        

the number of installments, the amount of each installment, and    1,638        

the schedule for payment of the installments.                      1,639        

      Each installment payment shall be apportioned among the      1,641        

several funds for which taxes have been assessed and shall be      1,642        

applied to the items of taxes charged in the order in which they   1,643        

became due.                                                        1,644        

      When an installment payment is not received by the           1,646        

treasurer when due or any current taxes charged against the        1,647        

property become delinquent, the undertaking becomes void unless    1,648        

the treasurer permits a new undertaking to be entered into; if     1,649        

the treasurer does not permit a new undertaking to be entered      1,650        

into, the treasurer shall certify to the auditor that the          1,651        

undertaking has become void.  A new undertaking entered into       1,652        

under this paragraph shall provide for payment of the outstanding  1,653        

balance of delinquent taxes over a period that, when added to the  1,654        

periods of any previous undertakings that had elapsed prior to     1,655        

their becoming void, does not exceed ten years.                    1,656        

      Upon receipt of such a certification, the auditor shall      1,658        

destroy his THE duplicate copy of the undertaking.  If such copy   1,659        

has been filed with the prosecuting attorney, the auditor          1,661        

immediately shall deliver the certification to the prosecuting     1,662        

attorney, who shall attach it to the appropriate certificate and   1,663        

the duplicate copy of the voided undertaking or strike through     1,664        

                                                          39     

                                                                 
the asterisk entered in the margin of the master list next to the  1,665        

entry for the tract or lot that is the subject of the voided       1,666        

undertaking. The prosecuting attorney then shall institute a       1,667        

proceeding to foreclose the lien of the state in accordance with   1,668        

section 323.25 or 5721.18 of the Revised Code or, in the case of   1,669        

delinquent vacant land, shall institute a foreclosure proceeding   1,670        

in accordance with section 323.25 or 5721.18 of the Revised Code,  1,671        

or a foreclosure and forfeiture proceeding in accordance with      1,672        

section 5721.14 of the Revised Code.                               1,673        

      (B)  Within ten days after the date prescribed by section    1,675        

323.12 or 323.17 of the Revised Code for payment of the first      1,676        

half installment of the current taxes, any person failing to pay   1,677        

the amount required by such date, with the consent of the          1,678        

treasurer, may enter into a written undertaking with the           1,679        

treasurer, in a form prescribed by the tax commissioner, to pay    1,680        

all current taxes pursuant to this division.  The agreement shall  1,681        

provide for the entire amount of such taxes to be paid in three    1,682        

or fewer installments before the date set by section 323.12 or     1,683        

323.17 of the Revised Code for the payment of the second           1,684        

installment of such taxes.  Each payment made under this division  1,685        

shall be not less than one-third of the total amount of the        1,686        

current taxes, unless the collection of a particular tax has been  1,687        

legally enjoined, or unless at any scheduled payment date less     1,688        

than one-third of the total amount remains unpaid, in which case   1,689        

the total balance shall be paid.                                   1,690        

      If a payment is not received by the treasurer when due       1,692        

under the terms of an undertaking made under this division, the    1,693        

treasurer may permit the taxpayer to make the payment at a later   1,694        

date, provided the payment is received before the date set by      1,695        

section 323.12 or 323.17 of the Revised Code for the payment of    1,696        

the second installment of current taxes.  If the total taxes       1,697        

arranged to be paid pursuant to such an undertaking are not        1,698        

received before such date, the undertaking shall become void and   1,699        

the treasurer shall proceed to collect all unpaid taxes then due   1,700        

                                                          40     

                                                                 
by any other means provided by law.                                1,701        

      Sec. 325.31.  (A)  On the first business day of each month,  1,710        

and at the end of the officer's term of office, each officer       1,711        

named in section 325.27 of the Revised Code shall pay into the     1,712        

county treasury, to the credit of the general county fund, on the  1,713        

warrant of the county auditor, all fees, costs, penalties,         1,714        

percentages, allowances, and perquisites collected by his THE      1,715        

OFFICER'S office during the preceding month or part thereof for    1,716        

official services, except the fees allowed the county auditor by   1,717        

division (B) of section 319.54 of the Revised Code, which shall    1,718        

be paid into the county treasury to the credit of the real estate  1,719        

assessment fund hereby created.                                    1,720        

      (B)  Moneys to the credit of the real estate assessment      1,722        

fund may be expended, upon appropriation by the board of county    1,723        

commissioners, for the purpose of defraying the cost incurred by   1,725        

the county auditor in assessing real estate pursuant to Chapter    1,726        

5713. of the Revised Code, MANUFACTURED AND MOBILE HOMES PURSUANT  1,727        

TO CHAPTER 4503. OF THE REVISED CODE, and, at the county                        

auditor's discretion, the expenses incurred by the county board    1,729        

of revision under Chapter 5715. of the Revised Code.  Any          1,730        

expenditures made from the real estate assessment fund shall       1,731        

comply with rules that the tax commissioner adopts under division  1,732        

(O) of section 5703.05 of the Revised Code.  Those rules shall     1,733        

include a requirement that a copy of any appraisal plans,          1,734        

progress of work reports, contracts, or other documents required   1,735        

to be filed with the tax commissioner shall be filed also with     1,736        

the board of county commissioners.                                              

      The board of county commissioners shall not transfer moneys  1,738        

required to be deposited in the real estate assessment fund to     1,739        

any other fund.  Following an assessment of real property          1,740        

pursuant to Chapter 5713. of the Revised Code, OR AN ASSESSMENT    1,741        

OF A MANUFACTURED OR MOBILE HOME PURSUANT TO CHAPTER 4503. OF THE  1,743        

REVISED CODE, any moneys not expended for the purpose of           1,744        

defraying the cost incurred in assessing real estate OR            1,745        

                                                          41     

                                                                 
MANUFACTURED OR MOBILE HOMES or for the purpose of defraying the   1,746        

expenses of the county board of revision, and thereby remaining    1,747        

to the credit of the real estate assessment fund, shall be         1,748        

apportioned ratably and distributed to those taxing authorities    1,749        

that contributed to the fund.  However, no such distribution       1,750        

shall be made if the amount of such unexpended moneys remaining    1,751        

to the credit of the real estate assessment fund does not exceed   1,752        

five thousand dollars.                                                          

      (C)  None of the officers named in section 325.27 of the     1,754        

Revised Code shall collect any fees from the county.  Each of      1,755        

such officers shall, at the end of each calendar year, make and    1,756        

file a sworn statement with the board of county commissioners of   1,757        

all such fees, costs, penalties, percentages, allowances, and      1,758        

perquisites which have been due in the officer's office and        1,759        

unpaid for more than one year prior to the date such statement is  1,760        

required to be made.                                               1,761        

      Sec. 519.21.  (A)  Except as otherwise provided in division  1,770        

(B) of this section, sections 519.02 to 519.25 of the Revised      1,771        

Code confer no power on any township zoning commission, board of   1,772        

township trustees, or board of zoning appeals to prohibit the use  1,773        

of any land for agricultural purposes or the construction or use   1,774        

of buildings or structures incident to the use for agricultural    1,775        

purposes of the land on which such buildings or structures are     1,776        

located, including buildings or structures that are used           1,777        

primarily for vinting and selling wine and that are located on     1,778        

land any part of which is used for viticulture, and no zoning      1,779        

certificate shall be required for any such building or structure.  1,780        

      (B)  A township zoning resolution, or an amendment to such   1,782        

resolution, may in any platted subdivision approved under section  1,783        

711.05, 711.09, or 711.10 of the Revised Code, or in any area      1,784        

consisting of fifteen or more lots approved under section 711.131  1,785        

of the Revised Code that are contiguous to one another, or some    1,786        

of which are contiguous to one another and adjacent to one side    1,787        

of a dedicated public road, and the balance of which are           1,788        

                                                          42     

                                                                 
contiguous to one another and adjacent to the opposite side of     1,789        

the same dedicated public road regulate:                           1,790        

      (1)  Agriculture on lots of one acre or less;                1,792        

      (2)  Buildings or structures incident to the use of land     1,794        

for agricultural purposes on lots greater than one acre but not    1,795        

greater than five acres by:  set back building lines; height; and  1,796        

size;                                                              1,797        

      (3)  Dairying and animal and poultry husbandry on lots       1,799        

greater than one acre but not greater than five acres when at      1,800        

least thirty-five per cent of the lots in the subdivision are      1,801        

developed with at least one building, structure, or improvement    1,802        

that is subject to real property taxation or that is subject to    1,803        

the tax on manufactured AND MOBILE homes under section 4503.06 of  1,804        

the Revised Code.  After thirty-five per cent of the lots are so   1,805        

developed, dairying and animal and poultry husbandry shall be      1,806        

considered nonconforming use of land and buildings or structures   1,807        

pursuant to section 519.19 of the Revised Code.                    1,808        

      Division (B) of this section confers no power on any         1,810        

township zoning commission, board of township trustees, or board   1,811        

of zoning appeals to regulate agriculture, buildings or            1,812        

structures, and dairying and animal and poultry husbandry on lots  1,813        

greater than five acres.                                           1,814        

      (C)  Such sections confer no power on any township zoning    1,816        

commission, board of township trustees, or board of zoning         1,817        

appeals to prohibit in a district zoned for agricultural,          1,818        

industrial, residential, or commercial uses, the use of any land   1,819        

for a farm market where fifty per cent or more of the gross        1,820        

income received from the market is derived from produce raised on  1,821        

farms owned or operated by the market operator in a normal crop    1,822        

year.  However, a board of township trustees, as provided in       1,823        

section 519.02 of the Revised Code, may regulate such factors      1,824        

pertaining to farm markets as size of the structure, size of       1,825        

parking areas that may be required, set back building lines, and   1,826        

egress or ingress, where such regulation is necessary to protect   1,827        

                                                          43     

                                                                 
the public health and safety.                                      1,828        

      Sec. 519.212.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF    1,831        

THIS SECTION, SECTIONS 519.01 TO 519.25 OF THE REVISED CODE DO     1,833        

NOT CONFER ON ANY TOWNSHIP ZONING COMMISSION, BOARD OF TOWNSHIP    1,834        

TRUSTEES, OR BOARD OF ZONING APPEALS, THE AUTHORITY TO PROHIBIT    1,835        

OR RESTRICT THE LOCATION OF A PERMANENTLY SITED MANUFACTURED       1,836        

HOME, AS DEFINED IN DIVISION (C)(6) OF SECTION 3781.06 OF THE      1,838        

REVISED CODE, IN ANY DISTRICT OR ZONE IN WHICH A SINGLE-FAMILY     1,839        

HOME IS PERMITTED.                                                              

      (B)  DIVISION (A) OF THIS SECTION DOES NOT LIMIT THE         1,842        

AUTHORITY OF A TOWNSHIP ZONING COMMISSION, BOARD OF TOWNSHIP       1,843        

TRUSTEES, OR BOARD OF ZONING APPEALS, TO DO EITHER OF THE          1,845        

FOLLOWING:                                                                      

      (1)  REQUIRE THAT A PERMANENTLY SITED MANUFACTURED HOME      1,847        

COMPLY WITH ALL ZONING REQUIREMENTS THAT ARE UNIFORMLY IMPOSED ON  1,849        

ALL SINGLE-FAMILY RESIDENCES IN A DISTRICT OR ZONE IN WHICH THE                 

PERMANENTLY SITED MANUFACTURED HOME IS OR IS TO BE LOCATED,        1,850        

EXCEPT REQUIREMENTS THAT SPECIFY A MINIMUM ROOF PITCH AND          1,852        

REQUIREMENTS THAT DO NOT COMPLY WITH THE STANDARDS ESTABLISHED     1,853        

PURSUANT TO THE "MANUFACTURED HOUSING CONSTRUCTION AND SAFETY      1,854        

STANDARDS ACT OF 1974," 88 STAT. 700, 42 U.S.C.A. 5401;            1,856        

      (2)  PROHIBIT FROM ANY RESIDENTIAL DISTRICT OR ZONE, TRAVEL  1,858        

TRAILERS, PARK TRAILERS, AND MOBILE HOMES, AS THESE TERMS ARE      1,859        

DEFINED IN SECTION 4501.01 OF THE REVISED CODE, AND MANUFACTURED   1,860        

HOMES THAT DO NOT QUALIFY AS PERMANENTLY SITED MANUFACTURED        1,861        

HOMES.                                                                          

      Sec. 1151.349.  (A)  As used in this section:                1,870        

      (1)  A "net lease" is a lease under which a savings and      1,872        

loan association, directly or indirectly, will not be obligated    1,873        

to:                                                                1,874        

      (a)  Service, repair, or maintain the leased property        1,876        

during the lease term;                                             1,877        

      (b)  Purchase parts and accessories for the leased           1,879        

property; however, improvements and additions to the leased        1,880        

                                                          44     

                                                                 
property may be leased to the lessee upon its request in           1,881        

accordance with the full-payout requirements of this section;      1,882        

      (c)  Furnish replacement or substitute property while the    1,884        

leased property is being serviced;                                 1,885        

      (d)  Purchase insurance for the lessee, unless he THE        1,887        

LESSEE has failed to purchase or maintain insurance required by    1,888        

contract;                                                                       

      (e)  Renew any license or registration for the property      1,890        

unless such action is necessary to protect the association's       1,891        

interest as an owner or financer of the property.                  1,892        

      (2)  A "full-payout lease" is one from which the lessor can  1,894        

reasonably expect to realize a return of its full investment in    1,895        

the leased property plus the estimated cost of financing the       1,896        

property over the term of the lease derived from:                  1,897        

      (a)  Rentals;                                                1,899        

      (b)  Estimated tax benefits; and                             1,901        

      (c)  The estimated residual value of the proerty PROPERTY    1,903        

when the initial term of the lease expires.  However, no more      1,904        

than twenty per cent of the return may be realized from the        1,905        

residual value.  Both the estimated residual value of the          1,906        

property and that portion of the estimated residual value relied   1,907        

upon by the lessor to satisfy the requirements of a full-payout    1,908        

lease must be reasonable so that realization of the lessor's full  1,909        

investment, plus the cost of financing the property, primarily     1,910        

depends on the credit-worthiness of the lessee, and not on the     1,911        

residual market value of the leased item.  The maximum term of a   1,912        

full-payout lease shall be forty years.                            1,913        

      (B)  In addition to the provisions of Chapter 1151. of the   1,915        

Revised Code regarding lending, a savings and loan association     1,916        

may also engage in leasing activities that are the functional      1,917        

equivalent of lending, subject to the following conditions.  An    1,918        

association may:                                                   1,919        

      (1)  Become the legal or beneficial owner of tangible        1,921        

personal property or real property for the purpose of leasing      1,922        

                                                          45     

                                                                 
such property; or                                                  1,923        

      (2)  Obtain an assignment of a lessor's interest in a lease  1,925        

of such property; and                                              1,926        

      (3)  Incur obligations incidental to its position as the     1,928        

owner and lessor of the leased property, provided the lease is a   1,929        

net, full-payout lease representing a noncancelable obligation of  1,930        

the lessee.  At the expiration of the lease the association shall  1,931        

liquidate, or release on a net basis, all interest in the          1,932        

property as soon as practicable.                                   1,933        

      (C)  If an association believes that there has been an       1,935        

unanticipated change in conditions which threatens its financial   1,936        

position by significantly increasing its exposure to loss,         1,937        

divisions (A) and (B) of this section do not prevent the           1,938        

association:                                                       1,939        

      (1)  As owner and lessor under a net, full-payout lease,     1,941        

from taking reasonable and appropriate action to salvage or        1,942        

protect the value of the property or its interests arising under   1,943        

the lease; or                                                      1,944        

      (2)  As assignee of a lessor's interest in a lease, from     1,946        

becoming owner and lessor of the leased property pursuant to its   1,947        

contractual right, or from taking any reasonable and appropriate   1,948        

action to salvage or protect the value of the property or its      1,949        

interests arising under the lease; or                              1,950        

      (3)  From including any additional provisions or agreements  1,952        

in a lease, to protect its financial position or investment in     1,953        

the circumstances set forth in divisions (C)(1) and (2) of this    1,954        

section.                                                           1,955        

      (D)  A lease of tangible personal property made to a         1,957        

natural person for personal, family, or household purposes         1,958        

pursuant to this section is subject to all limitations applicable  1,959        

to the amount of an association's investment in consumer loans. A  1,961        

lease made for commercial, corporate, business, or agricultural                 

purposes pursuant to this section is subject to all limitations    1,962        

applicable to the amount of an association's investment in         1,963        

                                                          46     

                                                                 
commercial loans.  A lease of residential or nonresidential real   1,964        

property made pursuant to this section is subject to all           1,965        

limitations applicable to the amount of an association's           1,966        

investment in real estate loans.                                   1,967        

      (E)  In addition to the authority set forth in division (A)  1,969        

of this section, an association may also invest up to ten per      1,970        

cent of its assets in tangible personal property including,        1,971        

without limitation, vehicles, manufactured homes, MOBILE HOMES,    1,972        

machinery, equipment, or furniture for rental.  The estimated      1,974        

residual value at the expiration of the initial term of the lease  1,975        

shall not exceed seventy per cent of the lessor's acquisition      1,976        

cost.                                                                           

      Sec. 1345.71.  As used in sections 1345.71 to 1345.77 of     1,985        

the Revised Code:                                                  1,986        

      (A)  "Consumer" means the purchaser, other than for          1,988        

purposes of resale, of a motor vehicle, any person to whom the     1,989        

motor vehicle is transferred during the duration of the express    1,990        

warranty that is applicable to the motor vehicle, and any other    1,991        

person who is entitled by the terms of the warranty to enforce     1,992        

the warranty.                                                      1,993        

      (B)  "Manufacturer" and "distributor" have the same          1,995        

meanings as in section 4517.01 of the Revised Code, and            1,996        

manufacturer includes a remanufacturer as defined in that          1,997        

section.                                                           1,998        

      (C)  "Express warranty" and "warranty" mean the written      2,000        

warranty of the manufacturer or distributor of a new motor         2,001        

vehicle concerning the condition and fitness for use of the        2,002        

vehicle, including any terms or conditions precedent to the        2,003        

enforcement of obligations under that warranty.                    2,004        

      (D)  "Motor vehicle" means any passenger car or              2,006        

noncommercial motor vehicle as defined in section 4501.01 of the   2,007        

Revised Code, or those parts of any motor home, as defined in      2,008        

section 4501.01 of the Revised Code, that are not part of the      2,009        

permanently installed facilities for cold storage, cooking and     2,010        

                                                          47     

                                                                 
consuming of food, and for sleeping, but does not mean any         2,011        

manufactured MOBILE home as defined in division (O) of section     2,012        

4501.01 of the Revised Code or, recreational vehicle as defined    2,013        

in division (Q) of that section, OR MANUFACTURED HOME AS DEFINED   2,014        

IN DIVISION (C)(4) OF SECTION 3781.06 OF THE REVISED CODE.         2,015        

      (E)  "Nonconformity" means any defect or condition which     2,017        

substantially impairs the use, value, or safety of a motor         2,018        

vehicle and does not conform to the express warranty of the        2,019        

manufacturer or distributor.                                       2,020        

      (F)  "Full purchase price" means the contract price for the  2,022        

motor vehicle, including charges for transportation,               2,023        

dealer-installed accessories, dealer services, dealer preparation  2,024        

and delivery and collateral charges; all finance, credit           2,025        

insurance, warranty and service contract charges incurred by the   2,026        

buyer; and all sales tax, license and registration fees, and       2,027        

other government charges.                                          2,028        

      Sec. 1506.01.  As used in this chapter:                      2,037        

      (A)  "Coastal area" means the waters of Lake Erie, the       2,039        

islands in the lake, and the lands under and adjacent to the       2,040        

lake, including transitional areas, wetlands, and beaches.  The    2,041        

coastal area extends in Lake Erie to the international boundary    2,042        

line between the United States and Canada and landward only to     2,043        

the extent necessary to include shorelands, the uses of which      2,044        

have a direct and significant impact on coastal waters as          2,045        

determined by the director of natural resources.                   2,046        

      (B)  "Coastal management program" means the comprehensive    2,048        

action of the state and its political subdivisions cooperatively   2,049        

to preserve, protect, develop, restore, or enhance the resources   2,050        

of the coastal area and to ensure wise use of the land and water   2,051        

resources of the coastal area, giving attention to natural,        2,052        

cultural, historic, and aesthetic values; agricultural,            2,053        

recreational, energy, and economic needs; and the national         2,054        

interest.  "Coastal management program" includes the               2,055        

establishment of objectives, policies, standards, and criteria     2,056        

                                                          48     

                                                                 
concerning, without limitation, protection of air, water,          2,057        

wildlife, rare and endangered species, wetlands and natural        2,058        

areas, and other natural resources in the coastal area;            2,059        

management of coastal development and redevelopment; preservation  2,060        

and restoration of historic, cultural, and aesthetic coastal       2,061        

features; and public access to the coastal area for recreation     2,062        

purposes.                                                          2,063        

      (C)  "Coastal management program document" means a           2,065        

comprehensive statement consisting of, without limitation, text,   2,066        

maps, and illustrations that is adopted by the director in         2,067        

accordance with this chapter, describes the objectives, policies,  2,068        

standards, and criteria of the coastal management program for      2,069        

guiding public and private uses of lands and waters in the         2,070        

coastal area, lists the governmental agencies, including, without  2,071        

limitation, state agencies, involved in implementing the coastal   2,072        

management program, describes their applicable policies and        2,073        

programs, and cites the statutes and rules under which they may    2,074        

adopt and implement those policies and programs.                   2,075        

      (D)  "Person" means any agency of this state, any political  2,077        

subdivision of this state or of the United States, and any legal   2,078        

entity defined as a person under section 1.59 of the Revised       2,079        

Code.                                                              2,080        

      (E)  "Director" means the director of natural resources or   2,082        

the director's designee.                                           2,083        

      (F)  "Permanent structure" means any residential,            2,085        

commercial, industrial, institutional, or agricultural building,   2,086        

any manufactured MOBILE home as defined in DIVISION (O) OF         2,088        

section 4501.01 of the Revised Code, ANY MANUFACTURED HOME AS      2,089        

DEFINED IN DIVISION (C)(4) OF SECTION 3781.06 OF THE REVISED       2,090        

CODE, and any septic system that receives sewage from a            2,091        

single-family, two-family, or three-family dwelling, but does not  2,092        

include any recreational vehicle as defined in section 4501.01 of  2,093        

the Revised Code.                                                  2,094        

      (G)  "State agency" or "agency of the state" has the same    2,096        

                                                          49     

                                                                 
meaning as "agency" as defined in section 111.15 of the Revised    2,097        

Code.                                                              2,098        

      (H)  "Coastal flood hazard area" means any territory within  2,100        

the coastal area that has been identified as a flood hazard area   2,101        

under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,   2,102        

42 U.S.C.A. 4002, as amended.                                      2,103        

      (I)  "Coastal erosion area" means any territory included in  2,106        

Lake Erie coastal erosion areas identified by the director under   2,108        

section 1506.06 of the Revised Code.                                            

      Sec. 1521.01.  As used in sections 1521.01 to 1521.05 and    2,117        

1521.13 to 1521.18 of the Revised Code:                            2,118        

      (A)  "Consumptive use," "diversion," "Lake Erie drainage     2,120        

basin," "other great lakes states and provinces," "water           2,121        

resources," and "waters of the state" have the same meanings as    2,122        

in section 1501.30 of the Revised Code.                            2,123        

      (B)  "Well" means any excavation, regardless of design or    2,125        

method of construction, created for any of the following           2,126        

purposes:                                                          2,127        

      (1)  Removing ground water from or recharging water into an  2,129        

aquifer, excluding subsurface drainage systems installed to        2,130        

enhance agricultural crop production or urban or suburban          2,131        

landscape management or to control seepage in dams, dikes, and     2,132        

levees;                                                            2,133        

      (2)  Determining the quantity, quality, level, or movement   2,135        

of ground water in or the stratigraphy of an aquifer, excluding    2,136        

borings for instrumentation in dams, dikes, levees, or highway     2,137        

embankments;                                                       2,138        

      (3)  Removing or exchanging heat from ground water,          2,140        

excluding horizontal trenches that are installed for water source  2,141        

heat pump systems.                                                 2,142        

      (C)  "Aquifer" means a consolidated or unconsolidated        2,144        

geologic formation or series of formations that are hydraulically  2,145        

interconnected and that have the ability to receive, store, or     2,146        

transmit water.                                                    2,147        

                                                          50     

                                                                 
      (D)  "Ground water" means all water occurring in an          2,149        

aquifer.                                                           2,150        

      (E)  "Ground water stress area" means a definable            2,152        

geographic area in which ground water quantity is being affected   2,153        

by human activity or natural forces to the extent that continuous  2,154        

availability of supply is jeopardized by withdrawals.              2,155        

      (F)  "Person" has the same meaning as in section 1.59 of     2,157        

the Revised Code and also includes the United States, the state,   2,158        

any political subdivision of the state, and any department,        2,159        

division, board, commission, agency, or instrumentality of the     2,160        

United States, the state, or a political subdivision of the        2,161        

state.                                                             2,162        

      (G)  "State agency" or "agency of the state" has the same    2,164        

meaning as "agency" in section 111.15 of the Revised Code.         2,165        

      (H)  "Development" means any manmade change to improved or   2,167        

unimproved real estate, including the construction of buildings    2,168        

and other structures, any substantial improvement of a structure,  2,169        

and mining, dredging, filling, grading, paving, excavating, and    2,170        

drilling operations.                                               2,171        

      (I)  "Floodplain" means the area adjoining any river,        2,173        

stream, watercourse, or lake that has been or may be covered by    2,174        

flood water.                                                       2,175        

      (J)  "Floodplain management" means the implementation of an  2,177        

overall program of corrective and preventive measures for          2,178        

reducing flood damage, including the collection and dissemination  2,179        

of flood information, construction of flood control works,         2,180        

nonstructural flood damage reduction techniques, and adoption of   2,181        

rules, ordinances, or resolutions governing development in         2,182        

floodplains.                                                       2,183        

      (K)  "One-hundred-year flood" means a flood having a one     2,185        

per cent chance of being equaled or exceeded in any given year.    2,186        

      (L)  "One hundred year floodplain" means that portion of a   2,188        

floodplain inundated by a one hundred year flood.                  2,189        

      (M)  "Structure" means a walled and roofed building,         2,191        

                                                          51     

                                                                 
including, without limitation, gas or liquid storage tanks,        2,192        

MOBILE HOMES, and manufactured homes.                              2,194        

      (N)  "Substantial improvement" means any reconstruction,     2,196        

rehabilitation, addition, or other improvement of a structure,     2,197        

the cost of which equals or exceeds fifty per cent of the market   2,198        

value of the structure before the start of construction of the     2,199        

improvement.  "Substantial improvement" includes repairs to        2,200        

structures that have incurred substantial damage regardless of     2,201        

the actual repair work performed.  "Substantial improvement" does  2,202        

not include either of the following:                               2,203        

      (1)  Any project for the improvement of a structure to       2,205        

correct existing violations of state or local health, sanitary,    2,206        

or safety code specifications that have been identified by the     2,207        

state or local code enforcement official having jurisdiction and   2,208        

that are the minimum necessary to ensure safe living conditions;   2,209        

      (2)  Any alteration of a historic structure designated or    2,211        

listed pursuant to federal or state law, provided that the         2,212        

alteration will not preclude the structure's continued listing or  2,213        

designation as a historic structure.                               2,214        

      Sec. 1923.01.  (A)  As provided in this chapter, any judge   2,223        

of a county or municipal court or a court of common pleas, within  2,224        

his THE JUDGE'S proper area of jurisdiction, may inquire about     2,225        

persons who make unlawful and forcible entry into lands or         2,227        

tenements and detain them, and about persons who make a lawful     2,228        

and peaceable entry into lands or tenements and hold them          2,229        

unlawfully and by force.  If, upon such inquiry, it is found that  2,230        

an unlawful and forcible entry has been made and the lands or      2,231        

tenements are detained, or that, after a lawful entry, lands or    2,232        

tenements are held unlawfully and by force, a judge shall cause    2,233        

the plaintiff in an action under this chapter to have restitution  2,234        

of the lands or tenements.                                         2,235        

      (B)  An action shall be brought under this chapter within    2,237        

two years after the cause of action accrues.                       2,238        

      (C)  As used in this chapter:                                2,240        

                                                          52     

                                                                 
      (1)  "Tenant" means a person who is entitled under a rental  2,242        

agreement to the use or occupancy of premises, other than          2,243        

premises located in a manufactured home park as defined in         2,244        

section 3733.01 of the Revised Code, to the exclusion of others.   2,245        

      (2)  "Landlord" means the owner, lessor, or sublessor of     2,247        

premises, his THE agent, or any person authorized by him THE       2,249        

LANDLORD AUTHORIZES to manage premises or to receive rent from a   2,250        

tenant under a rental agreement, except, if required by the facts  2,251        

of the action to which the term is applied, "landlord" means a     2,252        

park operator.                                                                  

      (3)  "Park operator," "manufactured home," "MOBILE HOME,"    2,254        

"MANUFACTURED HOME PARK," and "resident" have the same meanings    2,256        

as in section 3733.01 of the Revised Code.                                      

      (4)  "Residential premises" has the same meaning as in       2,258        

section 5321.01 of the Revised Code, except, if required by the    2,259        

facts of the action to which the term is applied, "residential     2,260        

premises" has the same meaning as in section 3733.01 of the        2,261        

Revised Code.                                                      2,262        

      (5)  "Rental agreement" means any agreement or lease,        2,264        

written or oral, that establishes or modifies the terms,           2,265        

conditions, rules, or any other provisions concerning the use or   2,266        

occupancy of premises by one of the parties to the agreement or    2,267        

lease, except that "rental agreement," as used in division         2,268        

(A)(11) of section 1923.02 of the Revised Code and where the       2,269        

context requires as used in this chapter, means a rental           2,270        

agreement as defined in division (D) of section 5322.01 of the     2,271        

Revised Code.                                                      2,272        

      (6)  "Controlled substance" has the same meaning as in       2,274        

section 3719.01 of the Revised Code.                               2,275        

      Sec. 3733.01.  As used in this chapter:                      2,284        

      (A)  "Manufactured home park" means any tract of land upon   2,286        

which three or more manufactured OR MOBILE homes used for          2,287        

habitation are parked LOCATED, either free of charge or for        2,288        

revenue purposes, and includes any roadway, building, structure,   2,289        

                                                          53     

                                                                 
vehicle, or enclosure used or intended for use as a part of the    2,290        

facilities of the park. A tract of land that is subdivided and ON  2,291        

WHICH the individual lots are not for rent or rented, but are for  2,292        

sale or sold for the purpose of installation of LOCATING           2,293        

manufactured OR MOBILE homes on the lots is not a manufactured     2,295        

home park even though UNLESS three or more manufactured OR MOBILE  2,296        

homes USED FOR HABITATION are parked thereon if the roadways are   2,297        

dedicated to the local government authority LOCATED UPON ANY ONE   2,299        

INDIVIDUAL LOT.                                                                 

      "Manufactured home park" does not include any tract of land  2,301        

used solely for the storage or display for sale of manufactured    2,302        

OR MOBILE homes or solely as a temporary park-camp.                2,303        

      (B)  "Recreational vehicle park" means any tract of land     2,305        

used for parking five or more self-contained recreational          2,306        

vehicles and includes any roadway, building, structure, vehicle,   2,307        

or enclosure used or intended for use as part of the park          2,308        

facilities and any tract of land that is subdivided for lease or   2,309        

other contract of the individual lots for the express or implied   2,310        

purpose of placing self-contained recreational vehicles for        2,311        

recreation, vacation, or business purposes.                        2,312        

      "Recreational vehicle park" does not include any tract of    2,314        

land used solely for the storage or display for sale of            2,315        

self-contained recreational vehicles or solely as a temporary      2,316        

park-camp.                                                         2,317        

      (C)  "Portable camping units" means dependent recreational   2,319        

vehicles, tents, portable sleeping equipment, and similar camping  2,320        

equipment used for travel, recreation, vacation, or business       2,321        

purposes.                                                                       

      (D)  "Manufactured home" HAS THE MEANING SET FORTH IN        2,323        

DIVISION (C)(4) OF SECTION 3781.06 OF THE REVISED CODE, AND        2,325        

"MOBILE HOME" and "recreational vehicle" have the meanings set     2,327        

forth in section 4501.01 of the Revised Code.                                   

      (E)  "Self-contained recreational vehicle" means a           2,329        

recreational vehicle that can operate independent of connections   2,330        

                                                          54     

                                                                 
to sewer and water and has plumbing fixtures or appliances all of  2,331        

which are connected to sewage holding tanks located within the     2,332        

vehicle.                                                           2,333        

      (F)  "Dependent recreational vehicle" means a recreational   2,335        

vehicle other than a self-contained recreational vehicle.          2,336        

      (G)  "Recreation camp" means any tract of land upon which    2,338        

five or more portable camping units are placed and includes any    2,339        

roadway, building, structure, vehicle, or enclosure used or        2,340        

intended for use as a part of the facilities of the camp.  A       2,341        

tract of land that is subdivided for lease or other contract of    2,342        

the individual lots is a recreation camp if five or more portable  2,343        

camping units are placed on it for recreation, vacation, or        2,344        

business purposes.                                                              

      "Recreation camp" does not include any tract of land used    2,346        

solely for the storage or display for sale of dependent            2,347        

recreational vehicles or solely as a temporary park-camp.          2,348        

      (H)  "Combined park-camp" means any tract of land upon       2,350        

which a combination of five or more self-contained recreational    2,351        

vehicles or portable camping units are placed and includes any     2,352        

roadway, building, structure, vehicle, or enclosure used or        2,353        

intended for use as part of the park facilities.  A tract of land  2,354        

that is subdivided for lease or other contract of the individual   2,356        

lots is a combined park-camp if a combination of five or more      2,357        

recreational vehicles or portable camping units are placed on it   2,358        

for recreation, vacation, or business purposes.                    2,359        

      "Combined park-camp" does not include any tract of land      2,361        

used solely as a temporary park-camp.                              2,362        

      (I)  "Licensor" means either the board of health of a city   2,364        

or general health district, or the authority having the duties of  2,365        

a board of health in any city as authorized by section 3709.05 of  2,366        

the Revised Code, or the director of health, when required under   2,367        

division (B) of section 3733.031 of the Revised Code.  "Licensor"  2,368        

also means an authorized representative of any of those entities   2,369        

or of the director.                                                2,370        

                                                          55     

                                                                 
      (J)  "Tenant" means a person who is entitled under a rental  2,372        

agreement with a manufactured home park operator to occupy a       2,373        

manufactured home park lot and who does not own the manufactured   2,374        

home occupying the lot.                                            2,375        

      (K)  "Owner" means a person who is entitled under a rental   2,377        

agreement with a manufactured home park operator to occupy a       2,378        

manufactured home park lot and who owns the manufactured home      2,379        

occupying the lot.                                                 2,380        

      (L)  "Resident" means a person entitled under a rental       2,382        

agreement to the use and occupancy of residential premises to the  2,383        

exclusion of others.  It includes both tenants and owners.         2,384        

      (M)  "Operator" means the person who has responsible charge  2,386        

of a manufactured home park, recreational vehicle park,            2,387        

recreation camp, combined park-camp, or temporary park-camp and    2,388        

who is licensed under sections 3733.01 to 3733.08 of the Revised   2,389        

Code.                                                              2,390        

      (N)  "Park operator" means a manufactured home park          2,392        

operator.                                                          2,393        

      (O)  "Residential premises" means a lot located within a     2,395        

manufactured home park and the grounds, areas, and facilities      2,396        

contained within the manufactured home park for the use of         2,397        

residents generally or the use of which is promised to a           2,398        

resident.                                                          2,399        

      (P)  "Rental agreement" means any agreement or lease,        2,401        

written or oral, that establishes or modifies the terms,           2,402        

conditions, rules, or any other provisions concerning the use and  2,403        

occupancy of residential premises by one of the parties.           2,404        

      (Q)  "Security deposit" means any deposit of money or        2,406        

property to secure performance by the resident under a rental      2,407        

agreement.                                                         2,408        

      (R)  "Temporary park-camp" means any tract of land used for  2,410        

a period not to exceed a total of twenty-one days per calendar     2,411        

year for the purpose of parking five or more recreational          2,412        

vehicles, dependent recreational vehicles, or portable camping     2,414        

                                                          56     

                                                                 
units, or any combination thereof, for one or more periods of      2,415        

time that do not exceed seven consecutive days or parts thereof.   2,416        

      (S)  "Development" means any artificial change to improved   2,418        

or unimproved real estate, including, without limitation,          2,419        

buildings or structures, dredging, filling, grading, paving,       2,420        

excavation or drilling operations, or storage of equipment or      2,421        

materials, and the construction, expansion, or substantial         2,423        

alteration of a manufactured home park, recreational vehicle       2,424        

park, recreation camp, or combined park-camp, for which plan                    

review is required under division (A) of section 3733.021 of the   2,426        

Revised Code.  "Development" does not include the building,        2,427        

construction, erection, or manufacture of any building to which    2,428        

section 3781.06 of the Revised Code is applicable.                 2,429        

      (T)  "Flood" or "flooding" means either of the following:    2,431        

      (1)  A general and temporary condition of partial or         2,433        

complete inundation of normally dry land areas from any of the     2,434        

following:                                                         2,435        

      (a)  The overflow of inland or tidal waters;                 2,437        

      (b)  The unusual and rapid accumulation or runoff of         2,439        

surface waters from any source;                                    2,440        

      (c)  Mudslides that are proximately caused by flooding as    2,442        

defined in division (T)(1)(b) of this section and that are akin    2,444        

to a river of liquid and flowing mud on the surface of normally    2,445        

dry land areas, as when earth is carried by a current of water     2,446        

and deposited along the path of the current.                                    

      (2)  The collapse or subsidence of land along the shore of   2,448        

a lake or other body of water as a result of erosion or            2,449        

undermining that is caused by waves or currents of water           2,450        

exceeding anticipated cyclical levels or that is suddenly caused   2,451        

by an unusually high water level in a natural body of water, and   2,452        

that is accompanied by a severe storm, by an unanticipated force   2,453        

of nature, such as a flash flood, by an abnormal tidal surge, or   2,454        

by some similarly unusual and unforeseeable event, that results    2,455        

in flooding as defined in division (T)(1)(a) of this section.      2,457        

                                                          57     

                                                                 
      (U)  "Flood plain" means the area adjoining any river,       2,459        

stream, watercourse, or lake that has been or may be covered by    2,460        

flood water.                                                       2,461        

      (V)  "One-hundred-year flood" means a flood having a one     2,463        

per cent chance of being equaled or exceeded in any given year.    2,464        

      (W)  "One-hundred-year flood plain" means that portion of a  2,467        

flood plain inundated by a one-hundred-year flood.                 2,468        

      (X)  "Person" has the same meaning as in section 1.59 of     2,470        

the Revised Code and also includes this state, any political       2,471        

subdivision of this state, and any other state or local body of    2,472        

this state.                                                        2,473        

      (Y)  "Substantial damage" means damage of any origin         2,475        

sustained by a manufactured OR MOBILE home that is situated in a   2,476        

manufactured home park located in a flood plain when the cost of   2,477        

restoring the manufactured home to its condition before the        2,478        

damage occurred will equal or exceed fifty per cent of the market  2,479        

value of the manufactured home before the damage occurred.         2,480        

      (Z)  "Substantially alter" means a change in the layout or   2,482        

design of a manufactured home park, recreational vehicle park,     2,483        

recreation camp, combined park-camp, or temporary park-camp,       2,484        

including, without limitation, the movement of utilities or        2,485        

changes in established streets, lots, or sites or in other         2,486        

facilities.  In the case of manufactured home parks located        2,487        

within a one hundred year flood plain, "substantially alter" also  2,488        

includes changes in elevation resulting from the addition of       2,489        

fill, grading, or excavation that may affect flood plain           2,490        

management.                                                        2,491        

      (AA)  "Tract" means a contiguous area of land that consists  2,493        

of one or more parcels, lots, or sites that have been separately   2,494        

surveyed regardless of whether the individual parcels, lots, or    2,495        

sites have been recorded and regardless of whether the one or      2,496        

more parcels, lots, or sites are under common or different         2,497        

ownership.                                                         2,498        

      (BB)  "Director of health" means the director of health or   2,500        

                                                          58     

                                                                 
his THE DIRECTOR'S authorized representative.                      2,501        

      Sec. 3733.02.  (A)(1)  The public health council, subject    2,510        

to Chapter 119. of the Revised Code, shall adopt, and has the      2,511        

exclusive power to adopt, rules of uniform application throughout  2,512        

the state governing the review of plans, issuance of flood plain   2,513        

management permits, and issuance of licenses for manufactured      2,514        

home parks; the location, layout, construction, drainage,          2,515        

sanitation, safety, and operation of those parks; blocking and     2,516        

tiedowns of MOBILE AND manufactured homes in those parks; and      2,517        

notices of flood events concerning, and flood protection at,       2,519        

those parks. The rules pertaining to flood plain management shall  2,520        

be consistent with and not less stringent than the flood plain     2,521        

management criteria of the national flood insurance program        2,522        

adopted under the "National Flood Insurance Act of 1968," 82       2,523        

Stat. 572, 42 U.S.C.A. 4001, as amended.  The rules shall not      2,524        

apply to the construction, erection, or manufacture of any         2,525        

building to which section 3781.06 of the Revised Code is           2,526        

applicable.                                                                     

      (2)  The rules pertaining to manufactured home parks         2,528        

constructed after June 30, 1971, shall specify that each home      2,529        

must be placed on its lot to provide not less than fifteen feet    2,530        

between the side of one home and the side of another home, ten     2,531        

feet between the end of one home and the side of another home,     2,532        

and five feet between the ends of two homes placed end to end.     2,533        

      (B)  The public health council, subject to Chapter 119. of   2,535        

the Revised Code, shall adopt rules of uniform application         2,536        

throughout the state governing the review of plans and issuance    2,537        

of licenses for and the location, layout, construction, drainage,  2,538        

sanitation, safety, and operation of recreational vehicle parks,   2,539        

recreation camps, and combined park-camps.  The rules shall not    2,540        

apply to the construction, erection, or manufacture of any         2,541        

building to which section 3781.06 of the Revised Code is           2,542        

applicable.                                                        2,543        

      (C)  The public health council, subject to Chapter 119. of   2,545        

                                                          59     

                                                                 
the Revised Code, shall adopt rules of uniform application         2,546        

throughout the state governing the review of plans and issuance    2,547        

of licenses for and the layout, sanitation, safety, and operation  2,548        

of temporary park-camps.  The rules shall not apply to the         2,549        

construction, erection, or manufacture of any building to which    2,550        

section 3781.06 of the Revised Code is applicable.                 2,551        

      (D)  The public health council, in accordance with Chapter   2,553        

119. of the Revised Code, shall adopt rules of uniform             2,554        

application throughout the state establishing requirements and     2,555        

procedures in accordance with which the director of health may     2,556        

authorize licensors for the purposes of sections 3733.022 and      2,557        

3733.025 of the Revised Code.  The rules shall include at least    2,558        

provisions under which a licensor may enter into contracts for     2,559        

the purpose of fulfilling the licensor's responsibilities under    2,560        

either or both of those sections.                                  2,561        

      Sec. 3733.021.  (A)  No person shall cause development to    2,570        

occur within any portion of a manufactured home park,              2,571        

recreational vehicle park, recreation camp, or combined park-camp  2,572        

until the plans for the development have been submitted to and     2,573        

reviewed and approved by the director of health.  This division    2,574        

does not require that plans be submitted to the director for       2,575        

approval for the replacement of manufactured OR MOBILE homes on    2,576        

previously approved lots in a manufactured home park or for the    2,577        

replacement of recreational vehicles or portable camping units on  2,578        

previously approved sites in a recreational vehicle park,          2,579        

recreation camp, or combined park-camp when no development is to   2,580        

occur in connection with the replacement.  Within thirty days      2,581        

after receipt of the plans, all supporting documents and           2,582        

materials required to complete the review, and the applicable      2,583        

plan review fee established under division (D) of this section,    2,584        

the director shall approve or disapprove the plans.                2,585        

      (B)  Any person aggrieved by the director's disapproval of   2,587        

a set of plans under division (A) of this section may request a    2,588        

hearing on the matter within thirty days after receipt of the      2,589        

                                                          60     

                                                                 
director's notice of the disapproval.  The hearing shall be held   2,590        

in accordance with Chapter 119. of the Revised Code.  Thereafter,  2,591        

the disapproval may be appealed in the manner provided in section  2,592        

119.12 of the Revised Code.                                        2,593        

      (C)  The director shall establish a system by which          2,595        

development occurring within a manufactured home park,             2,596        

recreational vehicle park, recreation camp, or combined park-camp  2,597        

is inspected or verified in accordance with rules adopted under    2,598        

division (A) or (B), as appropriate, of section 3733.02 of the     2,599        

Revised Code to ensure that the development complies with the      2,600        

plans approved under division (A) of this section.                 2,601        

      (D)  The public health council shall establish fees for      2,603        

reviewing plans under division (A) of this section and conducting  2,604        

inspections under division (C) of this section.                    2,605        

      (E)  The director shall charge the appropriate fees          2,607        

established under division (D) of this section for reviewing       2,608        

plans under division (A) of this section and conducting            2,609        

inspections under division (C) of this section.  All such plan     2,610        

review and inspection fees received by the director shall be       2,611        

transmitted to the treasurer of state and shall be credited to     2,612        

the general operations fund created in section 3701.83 of the      2,613        

Revised Code.  Moneys so credited to the fund shall be used only   2,614        

for the purpose of administering and enforcing sections 3733.01    2,615        

to 3733.08 of the Revised Code and rules adopted under those       2,616        

sections.                                                          2,617        

      (F)  Plan approvals issued under this section do not         2,619        

constitute an exemption from the land use and building             2,620        

requirements of the political subdivision in which the             2,621        

manufactured home park, recreational vehicle park, recreation      2,622        

camp, or combined park-camp is or is to be located.                2,623        

      Sec. 3733.022.  (A)  No person shall cause development to    2,632        

occur or cause the replacement of a MOBILE OR manufactured home    2,633        

within any portion of a manufactured home park that is located     2,634        

within a one hundred year flood plain unless the person first      2,635        

                                                          61     

                                                                 
obtains a permit from the director of health or a licensor         2,636        

authorized by the director.  If the development for which a        2,637        

permit is required under this division is to occur on a lot where  2,638        

a MOBILE OR manufactured home is or is to be located, the owner    2,639        

of the manufactured home and the operator of the manufactured      2,640        

home park shall jointly obtain the permit.  Each of the persons    2,641        

to whom a permit is jointly issued is responsible for compliance   2,642        

with the provisions of the approved permit that are applicable to  2,644        

that person.                                                                    

      The director or a licensor authorized by the director shall  2,646        

disapprove an application for a permit required under this         2,647        

division unless the director or the licensor finds that the        2,648        

proposed development or replacement of a MOBILE OR manufactured    2,649        

home complies with the rules adopted under division (A) of         2,650        

section 3733.02 of the Revised Code.  No permit is required under  2,651        

this division for the construction, erection, or manufacture of    2,652        

any building to which section 3781.06 of the Revised Code          2,653        

applies.                                                                        

      The director or a licensor authorized by the director may    2,655        

suspend or revoke a permit issued under this division for failure  2,656        

to comply with the rules adopted under division (A) of section     2,657        

3733.02 of the Revised Code pertaining to flood plain management   2,658        

or for failure to comply with the approved permit.                 2,659        

      Any person aggrieved by the disapproval, suspension, or      2,661        

revocation of a permit under this division by the director or by   2,662        

a licensor authorized by the director may request a hearing on     2,663        

the matter within thirty days after receipt of the notice of the   2,664        

disapproval, suspension, or revocation.  The hearing shall be      2,665        

held in accordance with Chapter 119. of the Revised Code.          2,666        

Thereafter, an appeal of the disapproval, suspension, or           2,667        

revocation may be taken in the manner provided in section 119.12   2,668        

of the Revised Code.                                               2,669        

      (B)  The public health council shall establish fees for the  2,671        

issuance of permits under division (A) of this section and for     2,672        

                                                          62     

                                                                 
necessary inspections conducted to determine compliance with       2,673        

those permits.                                                     2,674        

      (C)  The director or a licensor authorized by the director   2,676        

shall charge the appropriate fee established under division (B)    2,677        

of this section for the issuance of a permit under division (A)    2,678        

of this section or for conducting any necessary inspection to      2,679        

determine compliance with the permit.  If the director issues      2,680        

such a permit or conducts such an inspection, the fee for the      2,681        

permit or inspection shall be transmitted to the treasurer of      2,682        

state and shall be credited to the general operations fund         2,683        

created in section 3701.83 of the Revised Code.  Moneys so         2,684        

credited to the fund shall be used by the director only for the    2,685        

purpose of administering and enforcing sections 3733.01 to         2,686        

3733.08 of the Revised Code and rules adopted under those          2,687        

sections.  If the licensor is a board of health, the permit or     2,688        

inspection fee shall be deposited to the credit of the special     2,689        

fund of the health district created in section 3733.04 of the      2,690        

Revised Code and shall be used only for the purpose set forth in   2,691        

that section.                                                      2,692        

      Sec. 3733.025.  (A)  If a MOBILE OR manufactured home that   2,701        

is located in a flood plain AND is substantially damaged, the      2,703        

owner of the manufactured home shall make all alterations,         2,704        

repairs, or changes to the manufactured home, and the operator of  2,705        

the manufactured home park shall make all alterations, repairs,    2,706        

or changes to the lot on which the manufactured home is located,   2,707        

that are necessary to ensure compliance with the flood plain       2,708        

management rules adopted under division (A) of section 3733.02 of  2,709        

the Revised Code.  Such alterations, repairs, or changes may       2,710        

include, without limitation, removal of the manufactured home or   2,711        

other structures.                                                               

      No person shall fail to comply with this division.           2,713        

      (B)  No person shall cause to be performed any alteration,   2,715        

repair, or change required by division (A) of this section unless  2,716        

the person first obtains a permit from the director of health or   2,717        

                                                          63     

                                                                 
a licensor authorized by the director.  The owner of the           2,718        

manufactured home and the operator of the manufactured home park   2,719        

shall jointly obtain the permit required by this division.  Each   2,720        

of the persons to whom a permit is jointly issued is responsible   2,721        

for compliance with the provisions of the approved permit that     2,722        

are applicable to that person.                                     2,723        

      The director or a licensor authorized by the director shall  2,725        

disapprove an application for a permit required under this         2,726        

division unless the director or the licensor finds that the        2,727        

proposed alteration, repair, or change complies with the rules     2,728        

adopted under division (A) of section 3733.02 of the Revised       2,729        

Code.  No permit is required under this division for the           2,730        

construction, erection, or manufacture of any building to which    2,731        

section 3781.06 of the Revised Code applies.                       2,732        

      The director or a licensor authorized by the director may    2,734        

suspend or revoke a permit issued under this division for failure  2,735        

to comply with the rules adopted under division (A) of section     2,736        

3733.02 of the Revised Code pertaining to flood plain management   2,737        

or for failure to comply with the approved permit.                 2,738        

      Any person aggrieved by the disapproval, suspension, or      2,740        

revocation of a permit under this division by the director or by   2,741        

a licensor authorized by the director may request a hearing on     2,742        

the matter within thirty days after receipt of the notice of the   2,743        

disapproval, suspension, or revocation.  The hearing shall be      2,744        

held in accordance with Chapter 119. of the Revised Code.          2,745        

Thereafter, an appeal of the disapproval, suspension, or           2,746        

revocation may be taken in the manner provided in section 119.12   2,747        

of the Revised Code and for necessary inspections conducted to     2,748        

determine compliance with those permits.                           2,749        

      (C)  The public health council shall establish fees for the  2,751        

issuance of permits under division (B) of this section and for     2,752        

necessary inspections conducted to determine compliance with       2,753        

those permits.                                                     2,754        

      (D)  The director or a licensor authorized by the director   2,756        

                                                          64     

                                                                 
shall charge the appropriate fee established under division (C)    2,757        

of this section for the issuance of a permit under division (B)    2,758        

of this section or for conducting any necessary inspection to      2,759        

determine compliance with the permit.  If the director issues      2,760        

such a permit or conducts such an inspection, the fee for the      2,761        

permit or inspection shall be transmitted to the treasurer of      2,762        

state and shall be credited to the general operations fund         2,763        

created in section 3701.83 of the Revised Code.  Moneys so         2,764        

credited to the fund shall be used by the director only for the    2,765        

purpose of administering and enforcing sections 3733.01 to         2,766        

3733.08 of the Revised Code and rules adopted under those          2,767        

sections.  If the licensor is a board of health, the permit or     2,768        

inspection fee shall be deposited to the credit of the special     2,769        

fund of the health district created in section 3733.04 of the      2,770        

Revised Code and shall be used only for the purpose set forth in   2,771        

that section.                                                      2,772        

      Sec. 3733.06.  (A)  Upon a license being issued under        2,781        

sections 3733.03 to 3733.05 of the Revised Code, any operator      2,783        

shall have the right to rent or use each lot or camping space for  2,784        

the parking or placement of a manufactured home, MOBILE HOME,      2,785        

recreational vehicle, or portable camping facility to be used for  2,786        

human habitation without interruption for any period coextensive   2,787        

with any license or consecutive licenses issued under sections     2,788        

3733.03 to 3733.05 of the Revised Code.                            2,789        

      (B)  NO OPERATOR OF A MANUFACTURED HOME PARK SHALL SELL      2,791        

INDIVIDUAL LOTS IN A PARK FOR EIGHT YEARS FOLLOWING THE ISSUANCE   2,792        

OF THE INITIAL LICENSE FOR THE PARK UNLESS, AT THE TIME OF SALE,   2,794        

THE PARK FULFILLS ALL PLATTING AND SUBDIVISION REQUIREMENTS        2,795        

ESTABLISHED BY THE POLITICAL SUBDIVISION IN WHICH THE PARK IS      2,796        

LOCATED, OR THE POLITICAL SUBDIVISION HAS ENTERED INTO AN                       

AGREEMENT WITH THE OPERATOR REGARDING PLATTING AND SUBDIVISION     2,797        

REQUIREMENTS AND THE OPERATOR HAS FULFILLED THE TERMS OF THAT      2,798        

AGREEMENT.                                                                      

      Sec. 3733.101.  (A)  A resident who is a party to a rental   2,806        

                                                          65     

                                                                 
agreement shall:                                                   2,807        

      (1)  Keep that part of the premises that he THE RESIDENT     2,809        

occupies and uses safe and sanitary;                               2,811        

      (2)  Dispose of all rubbish, garbage, and other waste in a   2,813        

clean, safe, and sanitary manner;                                  2,814        

      (3)  Comply with the requirements imposed on residents by    2,816        

all applicable state and local housing, health, and safety codes,  2,817        

rules of the public health council, and rules of the manufactured  2,818        

home park;                                                         2,819        

      (4)  Personally refrain, and forbid any other person who is  2,821        

on the premises with his THE RESIDENT'S permission, from           2,822        

intentionally or negligently destroying, defacing, damaging, or    2,824        

removing any fixture, appliance or other part of the residential   2,825        

premises;                                                                       

      (5)  Conduct himself SELF and require other persons on the   2,827        

premises with his THE RESIDENT'S consent to conduct themselves in  2,829        

a manner that will not disturb his THE RESIDENT'S neighbors'       2,830        

peaceful enjoyment of the manufactured home park.                  2,832        

      (B)  The resident shall not unreasonably withhold consent    2,834        

for the park operator to enter the manufactured home to inspect    2,835        

utility connections, or enter onto the premises in order to        2,836        

inspect the premises, make ordinary, necessary, or agreed          2,837        

repairs, decorations, alterations, or improvements, deliver        2,838        

parcels which are too large for the resident's mail facilities,    2,839        

or supply necessary or agreed services.                            2,840        

      (C)  If the resident violates any provision of this          2,842        

section, the park operator may recover any actual damages which    2,843        

result from the violation and reasonable attorneys' fees.  This    2,844        

remedy is in addition to any right of the park operator to         2,845        

terminate the rental agreement, to maintain an action for the      2,846        

possession of the premises, or injunctive relief to compel access  2,847        

under division (B) of this section.                                2,848        

      Sec. 3733.11.  (A)(1)  The park operator shall offer each    2,858        

manufactured home owner a written rental agreement for a           2,859        

                                                          66     

                                                                 
manufactured home park lot for a term of one year or more that     2,860        

contains terms essentially the same as any alternative             2,861        

month-to-month rental agreement offered to current and             2,862        

prospective tenants and owners.  The park operator shall offer     2,863        

the minimum one-year rental agreement to the owner prior to        2,864        

installation of the owner's manufactured home in the manufactured  2,865        

home park or, if the owner's manufactured home is in the           2,866        

manufactured home park, prior to the expiration of the owner's     2,867        

existing rental agreement.                                         2,868        

      (2)  The park operator shall deliver the offer to the owner  2,870        

by certified mail, return receipt requested, or in person.  If     2,871        

the park operator delivers the offer to the owner in person, the   2,872        

owner shall complete a return showing receipt of the offer.  If    2,873        

the owner does not accept the offer, the park operator is          2,874        

discharged from any obligation to make any further such offers.    2,875        

If the owner accepts the offer, the park operator shall, at the    2,876        

expiration of each successive rental agreement, offer the owner    2,877        

another rental agreement, for a term that is mutually agreed       2,878        

upon, and that contains terms essentially the same as the          2,879        

alternative month-to-month agreement.  The park operator shall     2,880        

deliver subsequent rental offers in the same manner as the first   2,881        

rental offer.  If the park operator sells the manufactured home    2,882        

park to another manufactured home park operator, the purchaser is  2,883        

bound by the rental agreements entered into by his predecessor.    2,884        

      (3)  If the park operator sells the manufactured home park   2,886        

for a use other than as a manufactured home park, the park         2,887        

operator shall give each tenant and owner a written notification   2,888        

by certified mail, return receipt requested, or by handing it to   2,889        

the tenant or owner in person.  If the park operator delivers the  2,890        

notification in person, the recipient shall complete a return      2,891        

showing receipt of the notification.  This notification shall      2,892        

contain notice of the sale of the manufactured home park, and      2,893        

notice of the date by which the tenant or owner shall vacate. The  2,895        

date by which the tenant shall vacate shall be at least one                     

                                                          67     

                                                                 
hundred twenty days after receipt of the written notification,     2,896        

and the date by which the owner shall vacate shall be at least     2,897        

one hundred eighty days after receipt of the written               2,898        

notification.                                                      2,899        

      (B)  A park operator shall fully disclose in writing all     2,901        

fees, charges, assessments, including rental fee, and rules prior  2,902        

to a tenant or owner executing a rental agreement and assuming     2,903        

occupancy in the manufactured home park.  No fees, charges,        2,904        

assessments, or rental fees so disclosed may be increased nor      2,905        

rules changed by a park operator without specifying the date of    2,906        

implementation of the changed fees, charges, assessments, rental   2,907        

fees, or rules, which date shall be not less than thirty days      2,908        

after written notice of the change and its effective date to all   2,909        

tenants or owners in the manufactured home park, and no fee,       2,910        

charge, assessment, or rental fee shall be increased during the    2,911        

term of any tenant's or owner's rental agreement.  Failure on the  2,912        

part of the park operator to fully disclose all fees, charges, or  2,913        

assessments shall prevent the park operator from collecting the    2,914        

undisclosed fees, charges or assessments.  If a tenant or owner    2,915        

refuses to pay any undisclosed fees, charges, or assessments, the  2,916        

refusal shall not be used by the park operator as a cause for      2,917        

eviction in any court.                                             2,918        

      (C)  A park operator shall promulgate rules governing the    2,920        

rental or occupancy of a LOT IN THE manufactured home lot PARK.    2,921        

The rules shall not be unreasonable, arbitrary, or capricious.  A  2,923        

copy of the rules and any amendments to them shall be delivered    2,924        

by the park operator to the tenant or owner prior to his signing   2,925        

the rental agreement.  A copy of the rules and any amendments to   2,926        

them shall be posted in a conspicuous place upon the manufactured  2,927        

home park grounds.                                                 2,928        

      (D)  No park operator shall require a an owner to purchase   2,930        

from the park operator any personal property.  The park operator   2,931        

may determine by rule the style or quality of skirting, equipment  2,932        

for tying down manufactured homes, manufactured OR MOBILE home     2,933        

                                                          68     

                                                                 
accessories, or other equipment to be purchased by an owner from   2,935        

a vendor of the owner's choosing, provided that the equipment is   2,936        

readily available to the owner. Any such equipment shall be        2,937        

installed in accordance with the manufactured home park rules.     2,938        

      (E)  No park operator shall charge any owner who chooses to  2,940        

install an electric or gas appliance in his manufactured A home    2,941        

an additional fee solely on the basis of the installation, unless  2,942        

the installation is performed by the park operator at the request  2,943        

of the owner, nor shall the park operator restrict the             2,944        

installation, service, or maintenance of the appliance, restrict   2,945        

the ingress or egress of repairmen to the manufactured home park   2,946        

for the purpose of installation, service, or maintenance of the    2,947        

appliance, nor restrict the making of any interior improvement in  2,948        

a manufactured home, if the installation or improvement is in      2,949        

compliance with applicable building codes and other provisions of  2,950        

law and if adequate utility services are available for the         2,951        

installation or improvement.                                       2,952        

      (F)  No park operator shall require a tenant to lease or an  2,954        

owner to purchase a manufactured OR MOBILE home from the park      2,955        

operator or any specific person as a condition of or prerequisite  2,956        

to entering into a rental agreement.                               2,957        

      (G)  No park operator shall require an owner to use the      2,959        

services of the park operator or any other specific person for     2,960        

installation of the manufactured OR MOBILE home on THE             2,961        

residential premises or for the performance of any service.        2,962        

      (H)  No park operator shall:                                 2,964        

      (1)  Deny any owner the right to sell his THE OWNER'S        2,966        

manufactured home within the manufactured home park if the owner   2,968        

gives the park operator ten days notice of his THE intention to    2,969        

sell his manufactured THE home;                                    2,970        

      (2)  Require the owner to remove the manufactured home from  2,972        

the manufactured home park solely on the basis of the sale of the  2,973        

manufactured home;                                                 2,974        

      (3)  Unreasonably refuse to enter into a rental agreement    2,976        

                                                          69     

                                                                 
with a purchaser of a manufactured home located within his THE     2,977        

OPERATOR'S manufactured home park;                                 2,979        

      (4)  Charge any tenant or owner any fee, charge, or          2,981        

assessment, including a rental fee, that is not set forth in the   2,982        

rental agreement or, if the rental agreement is oral, is not set   2,983        

forth in a written disclosure given to the tenant or owner prior   2,984        

to his entering into a rental agreement;                           2,985        

      (5)  Charge any owner any fee, charge, or assessment         2,987        

because of the transfer of ownership of any manufactured A home    2,988        

or because a manufactured home is moved out of or into the         2,989        

manufactured home park, except a charge for the actual costs and   2,990        

expenses that are incurred by the park operator in moving the      2,991        

manufactured home out of or into the manufactured home park, or    2,992        

in installing the manufactured home in the manufactured home park  2,993        

and that have not been reimbursed by another tenant or owner.      2,994        

       (I)  If the park operator violates any provision of         2,996        

divisions (A) to (H) of this section, the tenant or owner may      2,997        

recover actual damages resulting from the violation, and, if he    2,998        

THE TENANT OR OWNER obtains a judgment, reasonable attorneys'      3,000        

fees, or terminate the rental agreement.                           3,001        

      (J)  No rental agreement shall require a tenant or owner to  3,003        

sell, lease, or sublet his THE TENANT'S OR OWNER'S interest in     3,004        

the rental agreement or the manufactured OR MOBILE home that is    3,006        

or will be located on the lot that is the subject of the rental    3,007        

agreement to any specific person or through any specific person    3,008        

as his agent.                                                                   

      (K)  No park operator shall enter into a rental agreement    3,010        

with the owner of a manufactured OR MOBILE home for the use of     3,011        

residential premises, if the rental agreement requires the owner   3,012        

of the manufactured home, as a condition to his THE OWNER'S        3,013        

renting, occupying, or remaining on the residential premises, to   3,015        

pay the park operator or any other person specified in the rental  3,016        

agreement a fee or any sum of money based on the sale of the       3,017        

manufactured home, unless the owner of the trailer or              3,018        

                                                          70     

                                                                 
manufactured home uses the park operator or other person as his    3,019        

THE OWNER'S agent in the sale of the manufactured home.            3,021        

      (L)  A park operator and a tenant or owner may include in a  3,023        

rental agreement any terms and conditions, including any term      3,024        

relating to rent, the duration of an agreement, and any other      3,025        

provisions governing the rights and obligations of the parties     3,026        

that are not inconsistent with or prohibited by sections 3733.09   3,027        

to 3733.20 of the Revised Code or any other rule of law.           3,028        

      (M)  Notwithstanding any other provision of the Revised      3,030        

Code, the owner of a manufactured OR MOBILE home that was          3,031        

previously titled by a dealer may utilize the services of a        3,032        

manufactured home dealer licensed under Chapter 4517. of the       3,033        

Revised Code or a person properly licensed under Chapter 4735. of  3,034        

the Revised Code to sell or lease the manufactured home.           3,035        

      Sec. 3733.19.  (A)  Every written rental agreement for       3,044        

residential premises shall contain the name and address of the     3,045        

owner of the residential premises and the name and address of the  3,046        

owner's agent, if any.  If the owner or the owner's agent is a     3,047        

corporation, partnership, limited partnership, association,        3,048        

trust, or other entity, the address shall be the principal place   3,049        

of business in the county in which the residential premises are    3,050        

situated or if there is no place of business in such county then   3,051        

its principal place of business in this state, and shall include   3,052        

the name of the person in charge thereof.                          3,053        

      (B)  If the rental agreement is oral, the park operator, at  3,055        

the commencement of the term of occupancy, shall deliver to the    3,056        

resident a written notice containing the information required in   3,057        

division (A) of this section.                                      3,058        

      (C)  If the park operator fails to provide the notice of     3,060        

the name and address of the owner and owner's agent, if any, as    3,061        

required under division (A) or (B) of this section, the notices    3,062        

to the park operator required under division (A) of sections       3,063        

3733.12 and 3733.121 of the Revised Code are waived by the park    3,064        

operator and his THE OPERATOR'S agent.                             3,065        

                                                          71     

                                                                 
      (D)  Every written rental agreement for residential          3,067        

premises shall contain the following notice in ten-point boldface  3,068        

type:                                                              3,069        

      "YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK   3,071        

OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS 3733.09 TO 3733.20 OF  3,072        

THE REVISED CODE, WHICH REGULATE MANUFACTURED HOME RENTAL          3,074        

AGREEMENTS IN MANUFACTURED HOME PARKS."                                         

      If the rental agreement is oral, the park operator, at the   3,076        

commencement of the term of occupancy, shall deliver the notice    3,077        

to the resident in writing.                                        3,078        

      Sec. 3781.06.  (A)(1)  Any building which THAT may be used   3,088        

as a place of resort, assembly, education, entertainment,          3,089        

lodging, dwelling, trade, manufacture, repair, storage, traffic,   3,090        

or occupancy by the public, and all other buildings or parts and   3,091        

appurtenances thereof erected within this state, shall be so       3,092        

constructed, erected, equipped, and maintained that they shall be  3,093        

safe and sanitary for their intended use and occupancy, except     3,094        

that sections 3781.06 to 3781.18 and 3791.04 of the Revised Code   3,095        

shall be considered as model provisions with no force and effect   3,096        

when applied to single-family, two-family, and three-family        3,097        

dwelling houses, and accessory structures incidental to those      3,098        

dwelling houses, which THAT have not been constructed or erected   3,099        

as industrialized one-family, two-family, or three-family units    3,101        

or structures within the meaning of the term "industrialized       3,102        

unit" as provided in DIVISION (C)(3) OF THIS section 3781.10 of    3,103        

the Revised Code, except where the context specifies mandatory     3,104        

applicability.                                                     3,105        

      (2)  NOTHING IN SECTIONS 3781.06 TO 3781.18 AND 3791.04 OF   3,107        

THE REVISED CODE SHALL BE CONSTRUED TO LIMIT THE POWER OF THE      3,109        

PUBLIC HEALTH COUNCIL TO ADOPT RULES OF UNIFORM APPLICATION        3,110        

GOVERNING MANUFACTURED HOME PARKS PURSUANT TO SECTION 3733.02 OF   3,111        

THE REVISED CODE.                                                               

      (B)  Sections 3781.06 to 3781.18 and 3791.04 of the Revised  3,113        

Code shall not apply to either of the following:                   3,114        

                                                          72     

                                                                 
      (1)  Buildings or structures which THAT are incident to the  3,116        

use for agricultural purposes of the land on which such buildings  3,118        

or structures are located, provided such buildings or structures   3,119        

are not used in the business of retail trade.  For purposes of     3,120        

this division, a building or structure is not considered used in   3,122        

the business of retail trade if fifty per cent or more of the                   

gross income received from sales of products in the building or    3,123        

structure by the owner or operator is from sales of products       3,124        

produced or raised in a normal crop year on farms owned or         3,125        

operated by the seller.                                            3,126        

      (2)  Existing single-family, two-family, and three-family    3,129        

detached dwelling houses for which applications have been          3,130        

submitted to the director of human services pursuant to section    3,131        

5104.03 of the Revised Code for the purposes of operating type A   3,132        

family day-care homes as defined in section 5104.01 of the         3,133        

Revised Code.                                                                   

      (C)  As used in sections 3781.06 to 3781.18 and 3791.04 of   3,135        

the Revised Code:                                                               

      (1)  "Agricultural purposes" include agriculture, farming,   3,137        

dairying, pasturage, apiculture, horticulture, floriculture,       3,138        

viticulture, ornamental horticulture, olericulture, pomiculture,   3,139        

and animal and poultry husbandry;                                  3,140        

      (2)  "A building" is BUILDING" MEANS any structure           3,142        

consisting of foundations, walls, columns, girders, beams,         3,143        

floors, and roof, or a combination of any number of these parts,   3,144        

with or without other parts or appurtenances.                      3,145        

      A building is considered safe when (3)  "INDUSTRIALIZED      3,147        

UNIT" MEANS A BUILDING UNIT OR ASSEMBLY OF CLOSED CONSTRUCTION     3,149        

FABRICATED IN AN OFF-SITE FACILITY, THAT IS SUBSTANTIALLY          3,150        

SELF-SUFFICIENT AS A UNIT OR AS PART OF A GREATER STRUCTURE, AND   3,151        

THAT REQUIRES TRANSPORTATION TO THE SITE OF INTENDED USE.          3,152        

"INDUSTRIALIZED UNIT" INCLUDES UNITS INSTALLED ON THE SITE AS      3,153        

INDEPENDENT UNITS, AS PART OF A GROUP OF UNITS, OR INCORPORATED    3,154        

WITH STANDARD CONSTRUCTION METHODS TO FORM A COMPLETED STRUCTURAL  3,155        

                                                          73     

                                                                 
ENTITY.  "INDUSTRIALIZED UNIT" DOES NOT INCLUDE A MANUFACTURED     3,156        

HOME AS DEFINED BY DIVISION (C)(4) OF THIS SECTION OR A MOBILE     3,157        

HOME AS DEFINED BY DIVISION (O) OF SECTION 4501.01 OF THE REVISED  3,160        

CODE.                                                              3,161        

      (4)  "MANUFACTURED HOME" MEANS A BUILDING UNIT OR ASSEMBLY   3,164        

OF CLOSED CONSTRUCTION THAT IS FABRICATED IN AN OFF-SITE FACILITY  3,165        

AND CONSTRUCTED IN CONFORMANCE WITH THE FEDERAL CONSTRUCTION AND   3,166        

SAFETY STANDARDS ESTABLISHED BY THE SECRETARY OF HOUSING AND       3,167        

URBAN DEVELOPMENT PURSUANT TO THE "MANUFACTURED HOUSING            3,170        

CONSTRUCTION AND SAFETY STANDARDS ACT OF 1974," 88 STAT. 700, 42   3,174        

U.S.C.A. 5401, 5403, AND THAT HAS A PERMANENT LABEL OR TAG         3,176        

AFFIXED TO IT, AS SPECIFIED IN 42 U.S.C.A. 5415, CERTIFYING        3,177        

COMPLIANCE WITH ALL APPLICABLE FEDERAL CONSTRUCTION AND SAFETY     3,179        

STANDARDS.                                                                      

      (5)  "PERMANENT FOUNDATION" MEANS PERMANENT MASONRY,         3,182        

CONCRETE, OR A LOCALLY APPROVED FOOTING OR FOUNDATION, TO WHICH A  3,183        

MANUFACTURED OR MOBILE HOME MAY BE AFFIXED.                        3,184        

      (6)  "PERMANENTLY SITED MANUFACTURED HOME" MEANS A           3,187        

MANUFACTURED HOME THAT MEETS ALL OF THE FOLLOWING CRITERIA:        3,188        

      (a)  THE STRUCTURE IS AFFIXED TO A PERMANENT FOUNDATION AND  3,191        

IS CONNECTED TO APPROPRIATE FACILITIES;                                         

      (b)  THE STRUCTURE, EXCLUDING ANY ADDITION, HAS A WIDTH OF   3,193        

AT LEAST TWENTY-TWO FEET AT ONE POINT, A LENGTH OF AT LEAST        3,195        

TWENTY-TWO FEET AT ONE POINT, AND A TOTAL LIVING AREA, EXCLUDING   3,196        

GARAGES, PORCHES OR ATTACHMENTS, OF AT LEAST NINE HUNDRED SQUARE   3,197        

FEET;                                                                           

      (c)  THE STRUCTURE HAS A MINIMUM 3:12 RESIDENTIAL ROOF       3,199        

PITCH, CONVENTIONAL RESIDENTIAL SIDING, AND A SIX-INCH MINIMUM     3,201        

EAVE OVERHANG, INCLUDING APPROPRIATE GUTTERING;                    3,202        

      (d)  THE STRUCTURE WAS MANUFACTURED AFTER JANUARY 1, 1995;   3,205        

      (e)  THE STRUCTURE IS NOT LOCATED IN A MANUFACTURED HOME     3,207        

PARK AS DEFINED BY SECTION 3733.01 OF THE REVISED CODE.            3,208        

      (7)  "SAFE," WITH RESPECT TO A BUILDING, MEANS IT IS free    3,211        

from danger or hazard to the life, safety, health, or welfare of   3,212        

                                                          74     

                                                                 
persons occupying or frequenting it, or of the public and from     3,213        

danger of settlement, movement, disintegration, or collapse,       3,214        

whether such danger arises from the methods or materials of its    3,215        

construction or from equipment installed therein, for the purpose  3,216        

of lighting, heating, the transmission or utilization of electric  3,217        

current, or from its location or otherwise.                        3,218        

      A building is sanitary when (8)  "SANITARY," WITH REPSECT    3,220        

TO A BUILDING, MEANS it is free from danger or hazard to the       3,222        

health of persons occupying or frequenting it or to that of the    3,223        

public, if such danger arises from the method or materials of its  3,224        

construction or from any equipment installed therein, for the      3,225        

purpose of lighting, heating, ventilating, or plumbing.            3,226        

      Sec. 3781.07.  There is hereby established in the            3,235        

department of commerce a board of building standards consisting    3,238        

of ten members appointed by the governor with the advice and       3,239        

consent of the senate.  The board shall appoint a secretary who    3,241        

shall serve in the unclassified civil service for a term of six    3,242        

years at a salary fixed pursuant to Chapter 124. of the Revised    3,243        

Code.  The board may employ additional staff in the classified     3,244        

civil service.  The secretary may be removed by the board under    3,245        

the rules the board adopts.   Terms of office shall be for four                 

years, commencing on the fourteenth day of October and ending on   3,247        

the thirteenth day of October.  Each member shall hold office      3,248        

from the date of his appointment until the end of the term for     3,249        

which he THE MEMBER was appointed.  Any member appointed to fill   3,251        

a vacancy occurring prior to the expiration of the term for which  3,252        

his THE MEMBER'S predecessor was appointed shall hold office for   3,254        

the remainder of such term.  Any member shall continue in office   3,255        

subsequent to the expiration date of his THE MEMBER'S term until   3,256        

his THE MEMBER'S successor takes office, or until a period of      3,258        

sixty days has elapsed, whichever occurs first.  One of the        3,259        

members appointed to the board shall be an attorney at law,        3,261        

admitted to the bar of this state; two shall be registered         3,262        

architects; two shall be professional engineers, one in the field  3,263        

                                                          75     

                                                                 
of mechanical and one in the field of structural engineering,      3,264        

each of whom shall be duly licensed to practice his SUCH           3,265        

profession in this state; one shall be a person of recognized      3,266        

ability, broad training, and fifteen years experience in problems  3,267        

and practice incidental to the construction and equipment of       3,268        

buildings specified in section 3781.06 of the Revised Code; one    3,269        

shall be a person with recognized ability and experience in the    3,270        

manufacture and construction of industrialized units as defined    3,271        

in section 3781.10 3781.06 of the Revised Code; one shall be a     3,272        

member of the fire service with recognized ability and broad       3,274        

training in the field of fire protection and suppression; one      3,275        

shall be a person with at least ten years of experience and        3,276        

recognized expertise in building codes and standards and the       3,277        

manufacture of construction materials; and one shall be a general  3,279        

contractor with experience in residential and commercial                        

construction.  Each member of the board, not otherwise required    3,280        

to take an oath of office, shall take the oath prescribed by the   3,281        

constitution.  Each member shall receive as compensation an        3,283        

amount fixed pursuant to division (J) of section 124.15 of the     3,284        

Revised Code, and shall receive his actual and necessary expenses  3,285        

in the performance of his official duties.  The amount of such     3,286        

expenses shall be certified by the secretary of the board and      3,287        

paid in the same manner as the expenses of employees of the        3,288        

department of commerce are paid.                                   3,289        

      Sec. 3781.10.  The board of building standards shall:        3,298        

      (A)  Formulate and adopt rules governing the erection,       3,300        

construction, repair, alteration, and maintenance of all           3,301        

buildings or classes of buildings specified in section 3781.06 of  3,302        

the Revised Code, including land area incidental thereto, the      3,303        

construction of industrialized units, the installation of          3,304        

equipment, and the standards or requirements for materials to be   3,305        

used in connection therewith.  The standards shall relate to the   3,306        

conservation of energy in and to the safety and sanitation of      3,307        

such buildings.  The rules shall be the lawful minimum             3,308        

                                                          76     

                                                                 
requirements specified for such buildings or industrialized        3,309        

units, except that no rule, except as provided in division (C) of  3,310        

section 3781.108 of the Revised Code, which specifies a higher     3,311        

requirement than is imposed by any section of the Revised Code     3,312        

shall be enforceable; the rules shall be acceptable as complete    3,313        

lawful alternatives to the requirements specified for such         3,314        

buildings or industrialized units in any section of the Revised    3,315        

Code; and the board shall on its own motion, or on application     3,316        

made under sections 3781.12 and 3781.13 of the Revised Code,       3,317        

formulate, propose, adopt, modify, amend, or repeal the rules to   3,318        

the extent necessary or desirable to effectuate the purposes of    3,319        

sections 3781.06 to 3781.18 of the Revised Code.                   3,320        

      (B)  Formulate and report to the general assembly such       3,322        

amendments in existing statutes relating to the purposes declared  3,323        

in section 3781.06 of the Revised Code as public health and        3,324        

safety and the development of the arts require and such            3,325        

additional legislation as it recommends with a view to carrying    3,326        

out fully, in statutory form, the purposes declared in such        3,327        

section; and prepare and submit to the general assembly a summary  3,328        

report of the number, nature, and disposition of the petitions     3,329        

filed under sections 3781.13 and 3781.14 of the Revised Code;      3,330        

      (C)  Determine by rule, on its own motion or on application  3,332        

made under sections 3781.12 and 3781.13 of the Revised Code, and   3,333        

after thorough testing and evaluation that any particular          3,334        

fixture, device, material, process of manufacture, manufactured    3,335        

unit or component, method of manufacture, system, or method of     3,336        

construction, complies with performance standards adopted          3,337        

pursuant to section 3781.11 of the Revised Code, having regard to  3,338        

its adaptability for safe and sanitary erection, use, or           3,339        

construction, to that described in any section of the Revised      3,340        

Code, wherever the use of a fixture, device, material, method of   3,341        

manufacture, system, or method of construction which is described  3,342        

in such section of the Revised Code, is permitted by law; and on   3,343        

like application amend or annul any such rule or issue an          3,344        

                                                          77     

                                                                 
authorization for the use of a new material or manufactured unit;  3,345        

and no department, officer, board, or commission of the state      3,346        

other than the board of building standards or the board of         3,347        

building appeals shall permit the use of any fixture, device,      3,348        

material, method of manufacture, newly designed product, system,   3,349        

or method of construction at variance with what is described in    3,350        

any rule adopted or authorization issued by the board of building  3,351        

standards or in any section of the Revised Code.  Nothing in this  3,352        

section shall be construed as requiring approval, by rule, of      3,353        

plans for an industrialized unit that conforms with the rules      3,354        

adopted by the board of building standards pursuant to section     3,355        

3781.11 of the Revised Code.                                       3,356        

      (D)  Recommend to the bureau of workers' compensation, the   3,358        

director of commerce, or any other department, officer, board, or  3,360        

commission of the state, and to legislative authorities and                     

building departments of counties, townships, and municipal         3,361        

corporations, the making, amending, fixing, or ordaining by such   3,362        

appropriate action as such state, county, township, or municipal   3,363        

authorities may be empowered by law or the constitution to take,   3,364        

of such rules, codes, or standards as shall tend to carry out the  3,365        

purposes declared in section 3781.06 of the Revised Code, with a   3,366        

view to securing uniformity of state administrative ruling; and    3,367        

local legislation and administrative action;                       3,368        

      (E)  Certify municipal, township, and county building        3,370        

departments to exercise enforcement authority, to accept and       3,371        

approve plans and specifications, and to make inspections,         3,372        

pursuant to sections 3781.03 and 3791.04 of the Revised Code.      3,373        

      The board also shall certify personnel of municipal,         3,375        

township, and county building departments, and persons and         3,376        

employees of persons, firms, or corporations as described in       3,377        

divisions (E)(1) and (2) of this section, to exercise enforcement  3,378        

authority, to accept and approve plans and specifications, and to  3,379        

make inspections, pursuant to sections 3781.03 and 3791.04 of the  3,380        

Revised Code.  The board shall specify, in rules adopted pursuant  3,381        

                                                          78     

                                                                 
to Chapter 119. of the Revised Code, the requirements that shall   3,382        

be satisfied for certification purposes, which requirements shall  3,383        

be consistent with this division.  Except as otherwise provided    3,384        

in this division, the requirements shall include, but are not      3,385        

limited to, the satisfactory completion of an initial examination  3,386        

and, in order to remain certified, the completion of a specified   3,387        

number of hours of continuing building code education within each  3,388        

three-year period following the date of certification.  In         3,389        

adopting the requirements, the board shall not specify less than   3,390        

thirty hours of continuing building code education within a        3,391        

three-year period; shall provide that continuing education         3,393        

credits, and certification issued, by the council of American      3,394        

building officials, national model code organizations, and         3,395        

agencies or entities recognized by the board, are acceptable for   3,396        

purposes of this division; and shall specify requirements that     3,397        

are compatible, to the extent possible, with requirements          3,398        

established by the council of American building officials and      3,399        

national model code organizations.  The board shall establish and  3,400        

collect a certification and renewal fee for building department    3,401        

personnel, and persons and employees of persons, firms, or         3,402        

corporations as described in divisions (E)(1) and (2) of this      3,403        

section, certified pursuant to this division.                      3,404        

      All individuals certified pursuant to this division shall    3,406        

complete the number of hours of continuing building code           3,407        

education that the board requires or, for failure to do so,        3,408        

forfeit their certifications.                                      3,409        

      This division does not require or authorize the              3,411        

certification by the board of personnel of municipal, township,    3,412        

and county building departments, and persons and employees of      3,413        

persons, firms, or corporations as described in divisions (E)(1)   3,414        

and (2) of this section, whose responsibilities do not include     3,415        

the exercise of enforcement authority, the approval of plans and   3,416        

specifications, or the making of inspections, under the Ohio       3,417        

building code.                                                     3,418        

                                                          79     

                                                                 
      (1)  Enforcement authority for approval of plans and         3,420        

specifications may be exercised, and plans and specifications may  3,421        

be approved, on behalf of a municipal corporation, township, or    3,422        

county, by any of the following who are certified by the board of  3,423        

building standards:                                                3,424        

      (a)  Officers or employees of the municipal corporation,     3,426        

township, or county;                                               3,427        

      (b)  Persons, or employees of persons, firms, or             3,429        

corporations, when such persons, firms, or corporations are under  3,430        

contract to furnish architectural or engineering services to the   3,431        

municipal corporation, township, or county, and such authority is  3,432        

exercised pursuant to such contract;                               3,433        

      (c)  Officers or employees of any other municipal            3,435        

corporation, township, county, health district, or other           3,436        

political subdivision, or persons or employees of persons, firms,  3,437        

or corporations under contract with the same pursuant to division  3,438        

(E)(1)(b) of this section, when such other municipal corporation,  3,439        

township, county, health district, or other political subdivision  3,440        

is under contract to furnish architectural or engineering          3,441        

services to the municipal corporation, township, or county, and    3,442        

such authority is exercised pursuant to such contract.             3,443        

      (2)  Enforcement authority for inspections may be            3,445        

exercised, and inspections may be made, on behalf of a municipal   3,446        

corporation, township, or county, by any of the following who are  3,447        

certified by the board of building standards:                      3,448        

      (a)  Officers or employees of the municipal corporation,     3,450        

township, or county;                                               3,451        

      (b)  Persons, or employees of persons, firms, or             3,453        

corporations, when such persons, firms, or corporations are under  3,454        

contract to furnish inspection services to the municipal           3,455        

corporation, township, or county, and such authority is exercised  3,456        

pursuant to such contract;                                         3,457        

      (c)  Officers or employees of any other municipal            3,459        

corporation, township, county, health district, or other           3,460        

                                                          80     

                                                                 
political subdivision under contract to furnish inspection         3,461        

services to the municipal corporation, township, or county, when   3,462        

such authority is exercised pursuant to such contract.             3,463        

      (3)  Municipal, township, and county building departments    3,465        

shall have jurisdiction within the meaning of sections 3781.03     3,466        

and 3791.04 of the Revised Code, only with respect to the types    3,467        

of buildings and subject matters as to which they have been        3,468        

certified under this section and as to which such certification    3,469        

remains in effect.                                                 3,470        

      (4)  Such certification shall be upon application by the     3,472        

municipal corporation, the board of township trustees, or the      3,473        

board of county commissioners and approval of such application by  3,474        

the board of building standards.  Such application shall set       3,475        

forth:                                                             3,476        

      (a)  The types of building occupancies as to which the       3,478        

certification is requested;                                        3,479        

      (b)  The number and qualifications of the staff composing    3,481        

the building department;                                           3,482        

      (c)  The names, addresses, and qualifications of persons,    3,484        

firms, or corporations contracting to furnish work or services     3,485        

pursuant to divisions (E)(1)(b) and (2)(b) of this section;        3,486        

      (d)  The names of other municipal corporations, townships,   3,488        

counties, health districts, or other political subdivisions        3,489        

contracting to furnish work or services pursuant to divisions      3,490        

(E)(1)(c) and (2)(c) of this section;                              3,491        

      (e)  The proposed budget for the operation of such           3,493        

department.                                                        3,494        

      (5)  The board of building standards shall adopt rules       3,496        

governing:                                                         3,497        

      (a)  The certification of building department personnel and  3,499        

of those persons and employees of persons, firms, or corporations  3,500        

exercising authority pursuant to divisions (E)(1) and (2) of this  3,501        

section.  Any employee of the department or person who contracts   3,502        

for services with the department is disqualified from performing   3,503        

                                                          81     

                                                                 
services for the department when the same would require the        3,504        

employee or person to pass upon, inspect, or otherwise exercise    3,506        

any authority given by the Ohio building code over any labor,      3,507        

material, or equipment furnished by the employee or person for     3,508        

the construction, alteration, or maintenance of a building or the  3,510        

preparation of working drawings or specifications for work within  3,511        

the jurisdictional area of the department.  The department shall   3,512        

provide other similarly qualified personnel to enforce the         3,513        

requirements of the Ohio building code as it pertains to such      3,514        

work.                                                                           

      (b)  The minimum services to be provided by a certified      3,516        

building department.                                               3,517        

      (6)  Such certification may be revoked or suspended with     3,519        

respect to any or all of the building occupancies to which it      3,520        

relates on petition to the board of building standards by any      3,521        

person affected by such enforcement or approval of plans, or by    3,522        

the board on its own motion.  Hearings shall be held and appeals   3,523        

permitted on any such proceedings for certification or for         3,524        

revocation or suspension of certification in the same manner as    3,525        

provided in section 3781.101 of the Revised Code for other         3,526        

proceedings of the board of building standards.                    3,527        

      (7)  Upon certification, and until such authority is         3,529        

revoked, county and township building departments shall enforce    3,530        

such rules over those occupancies listed in the application        3,531        

without regard to limitation upon the authority of boards of       3,532        

county commissioners under Chapter 307. of the Revised Code or     3,533        

boards of township trustees under Chapter 505. of the Revised      3,534        

Code.                                                              3,535        

      (F)  Conduct such hearings, in addition to those required    3,537        

by sections 3781.06 to 3781.18 and 3791.04 of the Revised Code,    3,538        

and make such investigations and tests, and require from other     3,539        

state departments, officers, boards, and commissions such          3,540        

information as the board considers necessary or desirable in       3,541        

order to assist it in the discharge of any duty or in the          3,542        

                                                          82     

                                                                 
exercise of any power mentioned in this section or in sections     3,543        

3781.06 to 3781.18 and 3791.04 of the Revised Code;                3,544        

      (G)  Formulate rules and establish reasonable fees for the   3,546        

review of all applications submitted where the applicant applies   3,547        

for authority to use a new material, assembly, or product of a     3,548        

manufacturing process.  The fee established shall bear some        3,549        

reasonable relationship to the cost of such review or testing of   3,550        

the materials, assembly, or products submitted and notification    3,551        

of approval or disapproval as provided in section 3781.12 of the   3,552        

Revised Code.                                                      3,553        

      (H)  Compile and publish, in the form of a model code,       3,555        

rules pertaining to one-family, two-family, and three-family       3,556        

dwelling houses which THAT any municipal corporation, township,    3,557        

or county may incorporate into its building code;                  3,559        

      (I)  Cooperate with the director of human services when the  3,561        

director promulgates rules pursuant to section 5104.05 of the      3,562        

Revised Code regarding safety and sanitation in type A family      3,563        

day-care homes;                                                    3,564        

      (J)  Adopt rules to implement the requirements of section    3,566        

3781.108 of the Revised Code.                                      3,567        

      As used in sections 3781.10 to 3781.18 and 3791.04 to        3,569        

3791.07 of the Revised Code, "industrialized unit" means an        3,570        

assembly of materials or products comprising all or part of a      3,571        

total structure which, when constructed, is self-sufficient or     3,572        

substantially self-sufficient, and when installed constitutes the  3,573        

structure or part of a structure, except for preparations for its  3,574        

placement.                                                         3,575        

      Sec. 3781.181.  (A)  The board of building standards shall   3,584        

adopt rules, in accordance with Chapter 119. of the Revised Code,  3,585        

establishing standards required by section 3781.10 of the Revised  3,586        

Code relating to the conservation of energy, and establishing      3,587        

standards relating to the conservation of energy for all newly     3,588        

constructed one-family, two-family, and three-family dwellings.    3,589        

      As used in this section and section 3781.182 of the Revised  3,591        

                                                          83     

                                                                 
Code, a building or dwelling shall be deemed "newly constructed"   3,592        

if erection of the building or dwelling commenced after the        3,593        

effective date of the rules adopted pursuant to this section and   3,594        

the building or dwelling had never been occupied or used for its   3,595        

intended purpose at the time of the completion of construction.    3,596        

      Architectural designs which THAT were not in violation of    3,598        

any rules of the board in effect on January 1, 1977, shall not be  3,599        

prohibited under any rules adopted by the board pursuant to this   3,600        

section.                                                           3,601        

      (B)  Rules adopted pursuant to this section shall be         3,603        

reviewed annually by the board and the board shall determine       3,604        

whether new technology has been developed in the field of energy   3,605        

conservation during the preceding year which render its rules      3,606        

obsolete or inadequate.  If the board finds that new advances in   3,607        

technology have made its rules obsolete or inadequate, it shall    3,608        

amend the rules.  The board shall report to the general assembly   3,609        

annually concerning its review of its rules and the current state  3,610        

of the art in the area of conservation of energy in buildings.     3,611        

      (C)  RULES ADOPTED PURSUANT TO THIS SECTION SHALL SPECIFY    3,614        

THAT A MANUFACTURED HOME THAT COMPLIES WITH THE FEDERAL ENERGY     3,615        

STANDARDS SET FORTH IN 24 C.F.R. 3280 COMPLIES WITH THE ENERGY     3,617        

REQUIREMENTS FOR ONE-FAMILY, TWO-FAMILY, AND THREE-FAMILY          3,618        

DWELLINGS ESTABLISHED PURSUANT TO THIS SECTION.                    3,619        

      Sec. 3781.184.  (A)  EVERY MANUFACTURED HOME, AS DEFINED IN  3,622        

DIVISION (C)(4) OF SECTION 3781.06 OF THE REVISED CODE, SHALL BE   3,624        

CONSTRUCTED IN ACCORDANCE WITH THE FEDERAL CONSTRUCTION AND        3,625        

SAFETY STANDARDS ESTABLISHED BY THE SECRETARY OF HOUSING AND       3,626        

URBAN DEVELOPMENT PURSUANT TO THE "MANUFACTURED HOUSING            3,629        

CONSTRUCTION AND SAFETY STANDARDS ACT OF 1974," 88 STAT. 700, 42   3,632        

U.S.C.A. 5401, 5403.  THE FEDERAL STANDARDS SHALL BE THE           3,634        

EXCLUSIVE CONSTRUCTION AND SAFETY STANDARDS IN THIS STATE AND      3,636        

NEITHER THE STATE NOR ANY POLITICAL SUBDIVISION OF THE STATE MAY   3,637        

ESTABLISH ANY OTHER STANDARD GOVERNING THE CONSTRUCTION OF                      

MANUFACTURED HOMES.                                                3,638        

                                                          84     

                                                                 
      (B) EVERY MANUFACTURED HOME CONSTRUCTED IN ACCORDANCE WITH   3,641        

THE FEDERAL STANDARDS SPECIFIED IN DIVISION (A) OF THIS SECTION,   3,642        

SHALL HAVE A PERMANENT LABEL OR TAG AFFIXED TO IT, AS SPECIFIED    3,643        

IN 42 U.S.C.A. 5415, CERTIFYING COMPLIANCE WITH THE FEDERAL        3,644        

CONSTRUCTION AND SAFETY STANDARDS.                                 3,645        

      (C)(1)  EVERY MANUFACTURED HOME THAT IS CONSTRUCTED IN       3,648        

ACCORDANCE WITH THE FEDERAL STANDARDS SPECIFIED IN DIVISION (A)    3,649        

OF THIS SECTION AND IS A PERMANENTLY SITED MANUFACTURED HOME AS    3,650        

DEFINED IN DIVISION (C)(6) OF SECTION 3781.06 OF THE REVISED CODE  3,652        

SHALL BE A PERMITTED USE IN ANY DISTRICT OR ZONE IN WHICH A        3,653        

POLITICAL SUBDIVISION PERMITS SINGLE-FAMILY HOMES, AND NO          3,654        

POLITICAL SUBDIVISION MAY PROHIBIT OR RESTRICT THE LOCATION OF A   3,655        

PERMANENTLY SITED MANUFACTURED HOME IN ANY ZONE OR DISTRICT IN     3,656        

WHICH A SINGLE-FAMILY HOME IS PERMITTED.                                        

      (2)  THIS DIVISION DOES NOT LIMIT THE AUTHORITY OF A         3,658        

POLITICAL SUBDIVISION TO DO EITHER OF THE FOLLOWING:               3,659        

      (a)  REQUIRE THAT A PERMANENTLY SITED MANUFACTURED HOME      3,662        

COMPLY WITH ALL ZONING REQUIREMENTS THAT ARE UNIFORMLY IMPOSED ON  3,663        

ALL SINGLE-FAMILY RESIDENCES WITHIN THE DISTRICT OR ZONE IN WHICH               

THE PERMANENTLY SITED MANUFACTURED HOME IS OR IS TO BE LOCATED,    3,665        

EXCEPT REQUIREMENTS THAT SPECIFY A MINIMUM ROOF PITCH AND          3,666        

REQUIREMENTS THAT DO NOT COMPLY WITH THE STANDARDS ESTABLISHED     3,667        

PURSUANT TO THE "MANUFACTURED HOUSING CONSTRUCTION AND SAFETY      3,668        

STANDARDS ACT OF 1974," 88 STAT. 700, 42 U.S.C.A. 5401;            3,669        

      (b)  PROHIBIT FROM ANY RESIDENTIAL DISTRICT OR ZONE, TRAVEL  3,671        

TRAILERS, PARK TRAILERS, AND MOBILE HOMES, AS THESE TERMS ARE      3,672        

DEFINED IN SECTION 4501.01 OF THE REVISED CODE, AND MANUFACTURED   3,673        

HOMES THAT DO NOT QUALIFY AS PERMANENTLY SITED MANUFACTURED        3,674        

HOMES.                                                                          

      Sec. 3791.04.  (A)  Before beginning the construction,       3,683        

erection, or manufacture of any building to which section 3781.06  3,684        

of the Revised Code is applicable, including all industrialized    3,685        

units, the owner thereof, in addition to any other submission of   3,686        

plans or drawings, specifications, and data required by law,       3,687        

                                                          85     

                                                                 
shall submit the plans or drawings, specifications, and data       3,688        

prepared for the construction, erection, and equipment thereof,    3,689        

or the alteration thereof or addition thereto, which plans or      3,690        

drawings, and specifications shall indicate thereon the portions   3,691        

that have been approved pursuant to section 3781.12 of the         3,692        

Revised Code, for which no further approval shall be required, to  3,693        

the municipal, township, or county building department having      3,694        

jurisdiction if such department has been certified as provided in  3,695        

division (E) of section 3781.10 of the Revised Code, and if there  3,696        

is no certified municipal, township, or county building            3,697        

department, to the superintendent of the division of industrial    3,698        

compliance, for approval.                                                       

      The seal of an architect registered under Chapter 4703. of   3,701        

the Revised Code or an engineer registered under Chapter 4733. of  3,702        

the Revised Code shall be required for any plans, drawings,                     

specifications, or data submitted for approval, unless the plans,  3,704        

drawings, specifications, or data may be prepared by persons       3,705        

other than registered architects pursuant to division (C) or (D)                

of section 4703.18 of the Revised Code, or by persons other than   3,706        

registered engineers pursuant to division (C) or (D) of section    3,707        

4733.18 of the Revised Code.                                       3,708        

      No seal shall be required for any plans, drawings,           3,710        

specifications, or data submitted for approval for any buildings   3,711        

or structures subject to the requirements of section 3781.181 of   3,712        

the Revised Code, exempt from the requirements of sections         3,713        

3781.06 to 3781.18 and 3791.04 of the Revised Code, or erected as  3,714        

industrialized one-, two-, or three-family units or structures     3,715        

within the meaning of "industrialized unit" as defined in section  3,716        

3781.10 3781.06 of the Revised Code.                               3,717        

      No seal shall be required for the installation of            3,719        

replacement equipment or systems that are similar in type or       3,720        

capacity to the equipment or systems being replaced.  No seal      3,721        

shall be required for approval for any new construction,           3,722        

improvement, alteration, repair, painting, decorating, or other    3,723        

                                                          86     

                                                                 
modification of any buildings or structures subject to sections    3,724        

3781.06 to 3781.18 and 3791.04 of the Revised Code if the          3,725        

proposed work does not involve technical design analysis, as       3,726        

defined by rule adopted by the board of building standards.        3,727        

      (B)  No owner shall proceed with the construction,           3,729        

erection, alteration, or equipment of any such building until      3,730        

such plans or drawings, specifications, and data have been so      3,731        

approved, or the industrialized unit inspected at the point of     3,732        

origin.  No plans or specifications shall be approved or           3,733        

inspection approval given unless the building represented thereby  3,734        

would, if constructed, repaired, erected, or equipped according    3,735        

to the same, comply with Chapters 3781. and 3791. of the Revised   3,736        

Code and any rule made under such chapters.                        3,737        

      (C)  The approval of plans or drawings and specifications    3,739        

or data pursuant to this section is invalid if construction,       3,740        

erection, alteration, or other work upon the building has not      3,741        

commenced within twelve months of the approval of the plans or     3,742        

drawings and specifications.  One extension shall be granted for   3,743        

an additional twelve-month period if requested by the owner at     3,744        

least ten days in advance of the expiration of the permit and      3,745        

upon payment of a fee not to exceed one hundred dollars.  If in    3,746        

the course of construction, work is delayed or suspended for more  3,747        

than six months, the approval of plans or drawings and             3,748        

specifications or data is invalid.  Two extensions shall be        3,749        

granted for six months each if requested by the owner at least     3,750        

ten days in advance of the expiration of the permit and upon       3,751        

payment of a fee for each extension of not more than one hundred   3,752        

dollars.  Before any work may continue on the construction,        3,753        

erection, alteration, or equipment of any building for which the   3,754        

approval is invalid, the owner of the building shall resubmit the  3,755        

plans or drawings and specifications for approval pursuant to      3,756        

this section.                                                      3,757        

      (D)  Subject to section 3791.042 of the Revised Code, the    3,759        

board of building standards or the legislative authority of a      3,760        

                                                          87     

                                                                 
municipal corporation, township, or county, by rule, may regulate  3,761        

the requirements for the submission of plans and specifications    3,762        

to the respective enforcing departments and for the processing of  3,763        

the same by such departments.  The board of building standards or  3,764        

the legislative authority of a municipal corporation, township,    3,765        

or county may adopt rules to provide for the approval, subject to  3,766        

section 3791.042 of the Revised Code, by the department having     3,767        

jurisdiction of the plans for construction of a foundation or any  3,768        

other part of a building or structure before the complete plans    3,769        

and specifications for the entire building or structure have been  3,770        

submitted.  When any plans are approved by the department having   3,771        

jurisdiction, the structure and every particular thereof           3,772        

represented by those plans and disclosed therein shall, in the     3,773        

absence of fraud or a serious safety or sanitation hazard, be      3,774        

conclusively presumed to comply with Chapters 3781. and 3791. of   3,775        

the Revised Code and any rule issued pursuant thereto, if          3,776        

constructed, altered, or repaired in accordance with those plans   3,777        

and any such rule in effect at the time of approval.               3,778        

      (E)  The approval of plans and specifications, including     3,780        

inspection of the industrialized units, under this section is a    3,781        

"license" and the failure to approve such plans or specifications  3,782        

as submitted or to inspect the unit at the point of origin within  3,783        

thirty days after the plans or specifications are filed, or the    3,784        

request for inspection of the industrialized unit is made, or the  3,785        

disapproval of such plans and specifications, or the refusal to    3,786        

approve such industrialized unit, following inspection at the      3,787        

point of origin is "an adjudication order denying the issuance of  3,788        

a license" requiring an "adjudication hearing" as provided by      3,789        

sections 119.07 to 119.13 of the Revised Code and as modified by   3,790        

sections 3781.031 and 3781.19 of the Revised Code.  An             3,791        

adjudication order denying the issuance of a license shall         3,792        

specify the reasons for such denial.                               3,793        

      (F)  The board of building standards shall not require the   3,795        

submission of site preparation plans or plot plans to the          3,796        

                                                          88     

                                                                 
division of industrial compliance in situations where              3,797        

industrialized units are used exclusively as one-, two-, or        3,798        

three-family dwellings.                                            3,799        

      (G)  Notwithstanding any procedures established by the       3,801        

board, the agency having jurisdiction, if it objects to any        3,802        

portion of the plans or specifications, upon the request of the    3,803        

owner or representative of the owner, may issue conditional        3,804        

approval to proceed with construction up to the point where there  3,805        

is objection.  Approval shall be issued only when the objection    3,806        

results from conflicting interpretations of the rules of the       3,807        

board of building standards rather than the application of         3,808        

specific technical requirements of the rules.  Approval shall not  3,809        

be issued where the correction of the objection would cause        3,810        

extensive changes in the building design or construction.  The     3,811        

giving of conditional approval is a "conditional license" to       3,812        

proceed with construction up to the point where construction or    3,813        

materials objected to by the agency are to be incorporated into    3,814        

the building.  No construction shall proceed beyond this point     3,815        

without the prior approval of the agency or another agency which   3,816        

conducts an adjudication hearing relative to the objection.  The   3,817        

agency having jurisdiction shall specify its objections to the     3,818        

plans or specifications, which is an "adjudication order denying   3,819        

the issuance of a license" and may be appealed pursuant to         3,820        

sections 119.07 to 119.13 of the Revised Code and as modified by   3,821        

sections 3781.031 and 3781.19 of the Revised Code.                 3,822        

      (H)  A certified municipal, township, or county building     3,824        

department having jurisdiction, or the superintendent of the       3,825        

division of industrial compliance, as appropriate, shall review    3,826        

any plans, drawings, specifications, or data described in this     3,827        

section that are submitted to it or to the superintendent.         3,828        

      (I)  No owner or persons having control as an officer, or    3,830        

as a member of a board or committee, or otherwise, of a building   3,831        

to which section 3781.06 of the Revised Code is applicable, and    3,832        

no architect, designer, engineer, builder, contractor,             3,833        

                                                          89     

                                                                 
subcontractor, or any officer or employee of a municipal,          3,834        

township, or county building inspection department shall violate   3,835        

this section.                                                      3,836        

      (J)  Whoever violates this section shall be fined not more   3,838        

than five hundred dollars.                                         3,839        

      Sec. 4501.01.  As used in this chapter and Chapters 4503.,   3,848        

4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the         3,849        

Revised Code, and in the penal laws, except as otherwise           3,850        

provided:                                                          3,851        

      (A)  "Vehicles" means everything on wheels or runners,       3,853        

including motorized bicycles, but does not mean vehicles that are  3,854        

operated exclusively on rails or tracks or from overhead electric  3,855        

trolley wires and vehicles that belong to any police department,   3,856        

municipal fire department, or volunteer fire department, or that   3,857        

are used by such a department in the discharge of its functions.   3,858        

      (B)  "Motor vehicle" means any vehicle, including            3,860        

manufactured MOBILE homes and recreational vehicles, that is       3,861        

propelled or drawn by power other than muscular power or power     3,863        

collected from overhead electric trolley wires, except.  "MOTOR    3,864        

VEHICLE" DOES NOT INCLUDE motorized bicycles, road rollers,        3,866        

traction engines, power shovels, power cranes, and other                        

equipment used in construction work and not designed for or        3,867        

employed in general highway transportation, well-drilling          3,868        

machinery, ditch-digging machinery, farm machinery, trailers that  3,869        

are used to transport agricultural produce or agricultural         3,870        

production materials between a local place of storage or supply    3,871        

and the farm when drawn or towed on a public road or highway at a  3,872        

speed of twenty-five miles per hour or less, threshing machinery,  3,873        

hay-baling machinery, corn sheller, hammermill and agricultural    3,874        

tractors, machinery used in the production of horticultural,       3,875        

agricultural, and vegetable products, and trailers that are        3,876        

designed and used exclusively to transport a boat between a place  3,877        

of storage and a marina, or in and around a marina, when drawn or  3,878        

towed on a public road or highway for a distance of no more than   3,879        

                                                          90     

                                                                 
ten miles and at a speed of twenty-five miles per hour or less.    3,880        

      (C)  "Agricultural tractor" and "traction engine" mean any   3,882        

self-propelling vehicle that is designed or used for drawing       3,883        

other vehicles or wheeled machinery, but has no provisions for     3,884        

carrying loads independently of such other vehicles, and that is   3,885        

used principally for agricultural purposes.                        3,886        

      (D)  "Commercial tractor," except as defined in division     3,888        

(C) of this section, means any motor vehicle that has motive       3,889        

power and either is designed or used for drawing other motor       3,890        

vehicles, or is designed or used for drawing another motor         3,892        

vehicle while carrying a portion of the other motor vehicle or     3,893        

its load, or both.                                                              

      (E)  "Passenger car" means any motor vehicle that is         3,895        

designed and used for carrying not more than nine persons and      3,896        

includes any motor vehicle that is designed and used for carrying  3,897        

not more than fifteen persons in a ridesharing arrangement.        3,898        

      (F)  "Collector's vehicle" means any motor vehicle or        3,900        

agricultural tractor or traction engine that is of special         3,901        

interest, that has a fair market value of one hundred dollars or   3,902        

more, whether operable or not, and that is owned, operated,        3,903        

collected, preserved, restored, maintained, or used essentially    3,904        

as a collector's item, leisure pursuit, or investment, but not as  3,905        

the owner's principal means of transportation.  "Licensed          3,906        

collector's vehicle" means a collector's vehicle, other than an    3,907        

agricultural tractor or traction engine, that displays current,    3,908        

valid license tags issued under section 4503.45 of the Revised     3,909        

Code, or a similar type of motor vehicle that displays current,    3,910        

valid license tags issued under substantially equivalent           3,911        

provisions in the laws of other states.                            3,912        

      (G)  "Historical motor vehicle" means any motor vehicle      3,914        

that is over twenty-five years old and is owned solely as a        3,915        

collector's item and for participation in club activities,         3,916        

exhibitions, tours, parades, and similar uses, but that in no      3,917        

event is used for general transportation.                          3,918        

                                                          91     

                                                                 
      (H)  "Noncommercial motor vehicle" means any motor vehicle,  3,920        

including a farm truck as defined in section 4503.04 of the        3,921        

Revised Code, that is designed by the manufacturer to carry a      3,922        

load of no more than one ton and is used exclusively for purposes  3,923        

other than engaging in business for profit.                        3,924        

      (I)  "Bus" means any motor vehicle that has motor power and  3,927        

is designed and used for carrying more than nine passengers,                    

except any motor vehicle that is designed and used for carrying    3,928        

not more than fifteen passengers in a ridesharing arrangement.     3,929        

      (J)  "Commercial car" means any motor vehicle that has       3,931        

motor power and is designed and used for carrying merchandise or   3,932        

freight, or that is used as a commercial tractor.                  3,933        

      (K)  "Bicycle" means every device, other than a tricycle     3,935        

that is designed solely for use as a play vehicle by a child,      3,937        

that is propelled solely by human power upon which any person may  3,938        

ride, and that has either two tandem wheels, or one wheel in       3,939        

front and two wheels in the rear, any of which is more than        3,940        

fourteen inches in diameter.                                                    

      (L)  "Motorized bicycle" means any vehicle that has either   3,942        

two tandem wheels or one wheel in the front and two wheels in the  3,944        

rear, that is capable of being pedaled, and that is equipped with               

a helper motor of not more than fifty cubic centimeters piston     3,945        

displacement that produces no more than one brake horsepower and   3,946        

is capable of propelling the vehicle at a speed of no greater      3,947        

than twenty miles per hour on a level surface.                     3,948        

      (M)  "Trailer" means any vehicle without motive power that   3,951        

is designed or used for carrying property or persons wholly on                  

its own structure and for being drawn by a motor vehicle, and      3,952        

includes any such vehicle that is formed by or operated as a       3,953        

combination of a semitrailer and a vehicle of the dolly type such  3,954        

as that commonly known as a trailer dolly, a vehicle used to       3,955        

transport agricultural produce or agricultural production          3,956        

materials between a local place of storage or supply and the farm  3,957        

when drawn or towed on a public road or highway at a speed         3,958        

                                                          92     

                                                                 
greater than twenty-five miles per hour, and a vehicle that is     3,959        

designed and used exclusively to transport a boat between a place  3,960        

of storage and a marina, or in and around a marina, when drawn or  3,961        

towed on a public road or highway for a distance of more than ten  3,962        

miles or at a speed of more than twenty-five miles per hour.       3,963        

"Trailer" does not include a manufactured home or travel trailer.  3,964        

      (N)  "Noncommercial trailer" means any trailer, except a     3,966        

travel trailer or trailer that is used to transport a boat as      3,967        

described in division (B) of this section, but, where applicable,  3,968        

includes a vehicle that is used to transport a boat as described   3,969        

in division (M) of this section, that has a gross weight of no     3,970        

more than three thousand pounds, and that is used exclusively for  3,971        

purposes other than engaging in business for a profit.             3,972        

      (O)  "Manufactured MOBILE home" means any nonself-propelled  3,974        

vehicle transportable in one or more sections, which, in the       3,975        

traveling mode, is eight body feet or more in width or forty A     3,976        

BUILDING UNIT OR ASSEMBLY OF CLOSED CONSTRUCTION THAT IS           3,977        

FABRICATED IN AN OFF-SITE FACILITY, THAT IS MORE THAN THIRTY-FIVE  3,978        

body feet or more in length or, when erected on site, is three     3,979        

hundred twenty or more square feet, and which THAT is built on a   3,980        

permanent chassis and designed to be used as a dwelling with or    3,982        

without a permanent foundation when connected to the required      3,983        

utilities, and includes the plumbing, heating, air conditioning,   3,984        

and electrical systems contained therein.  Calculations used to    3,985        

determine the number of square feet in a structure are based on    3,986        

the structure's exterior dimensions measured at the largest        3,987        

horizontal projections when erected on site.  These dimensions     3,988        

include all expandable rooms, cabinets, and other projections      3,989        

containing interior space, but do not include bay windows          3,990        

TRANSPORTABLE IN ONE OR MORE SECTIONS, AND THAT DOES NOT QUALIFY   3,991        

AS A MANUFACTURED HOME AS DEFINED IN DIVISION (C)(4) OF SECTION    3,992        

3781.06 OF THE REVISED CODE OR AS AN INDUSTRIALIZED UNIT AS        3,993        

DEFINED IN DIVISION (C)(3) OF SECTION 3781.06 OF THE REVISED       3,994        

CODE.                                                                           

                                                          93     

                                                                 
      (P)  "Semitrailer" means any vehicle of the trailer type     3,996        

that does not have motive power and is so designed or used with    3,997        

another and separate motor vehicle that in operation a part of     3,998        

its own weight or that of its load, or both, rests upon and is     3,999        

carried by the other vehicle furnishing the motive power for       4,000        

propelling itself and the vehicle referred to in this division,    4,001        

and includes, for the purpose only of registration and taxation    4,002        

under those chapters, any vehicle of the dolly type, such as a     4,003        

trailer dolly, that is designed or used for the conversion of a    4,004        

semitrailer into a trailer.                                        4,005        

      (Q)  "Recreational vehicle" means a vehicular portable       4,007        

structure that is designed and constructed to be used as a         4,008        

temporary dwelling for travel, recreational, and vacation uses     4,009        

and is classed as follows:                                         4,010        

      (1)  "Travel trailer" means a nonself-propelled              4,012        

recreational vehicle that does not exceed an overall length of     4,013        

thirty-five feet, exclusive of bumper and tongue or coupling, and  4,014        

CONTAINS LESS THAN THREE HUNDRED TWENTY SQUARE FEET OF SPACE WHEN  4,016        

ERECTED ON SITE.  "TRAVEL TRAILER" includes a tent-type fold-out   4,017        

camping trailer as defined in section 4517.01 of the Revised                    

Code.                                                                           

      (2)  "Motor home" means a self-propelled recreational        4,019        

vehicle that is constructed with permanently installed facilities  4,020        

for cold storage, cooking and consuming of food, and for           4,021        

sleeping.                                                                       

      (3)  "Truck camper" means a nonself-propelled recreational   4,023        

vehicle that does not have wheels for road use and is designed to  4,024        

be placed upon and attached to a motor vehicle.  "Truck camper"    4,025        

does not include truck covers that consist of walls and a roof,    4,026        

but do not have floors and facilities enabling them to be used as  4,027        

a dwelling.                                                                     

      (4)  "Fifth wheel trailer" means a vehicle that is of such   4,029        

size and weight as to be movable without a special highway         4,030        

permit, that has a gross trailer area of four hundred square feet  4,031        

                                                          94     

                                                                 
or less, that is constructed with a raised forward section that    4,032        

allows a bi-level floor plan, and that is designed to be towed by               

a vehicle equipped with a fifth-wheel hitch ordinarily installed   4,033        

in the bed of a truck.                                             4,034        

      (5)  "Park trailer" means a vehicle that is commonly known   4,036        

as a park model recreational vehicle, meets the American national  4,037        

standard institute standard A119.5 (1988) for park trailers, is    4,038        

built on a single chassis, has a gross trailer area of four        4,039        

hundred square feet or less when set up, is designed for seasonal  4,040        

or temporary living quarters, and may be connected to utilities                 

necessary for the operation of installed features and appliances.  4,041        

      (R)  "Pneumatic tires" means tires of rubber and fabric or   4,043        

tires of similar material, that are inflated with air.             4,044        

      (S)  "Solid tires" means tires of rubber or similar elastic  4,046        

material that are not dependent upon confined air for support of   4,047        

the load.                                                                       

      (T)  "Solid tire vehicle" means any vehicle that is          4,049        

equipped with two or more solid tires.                             4,050        

      (U)  "Farm machinery" means all machines and tools that are  4,052        

used in the production, harvesting, and care of farm products,     4,053        

and includes trailers that are used to transport agricultural      4,054        

produce or agricultural production materials between a local       4,055        

place of storage or supply and the farm when drawn or towed on a   4,056        

public road or highway at a speed of twenty-five miles per hour    4,057        

or less.                                                                        

      (V)  "Owner" includes any person, firm, or corporation       4,059        

other than a manufacturer or dealer that has title to a motor      4,060        

vehicle, except that in sections 4505.01 to 4505.19 of the         4,061        

Revised Code, "owner" includes in addition manufacturers and       4,062        

dealers.                                                                        

      (W)  "Manufacturer" and "dealer" include all persons,        4,064        

firms, and corporations that are regularly engaged in the          4,065        

business of manufacturing, selling, displaying, offering for       4,066        

sale, or dealing in motor vehicles, at an established place of     4,067        

                                                          95     

                                                                 
business that is used exclusively for the purpose of               4,068        

manufacturing, selling, displaying, offering for sale, or dealing  4,069        

in motor vehicles.  A place of business that is used for           4,070        

manufacturing, selling, displaying, offering for sale, or dealing  4,071        

in motor vehicles shall be deemed to be used exclusively for       4,072        

those purposes even though snowmobiles or all-purpose vehicles     4,073        

are sold or displayed for sale thereat, even though farm           4,074        

machinery is sold or displayed for sale thereat, or even though    4,075        

repair, accessory, gasoline and oil, storage, parts, service, or   4,076        

paint departments are maintained thereat, or, in any county        4,077        

having a population of less than seventy-five thousand persons at  4,078        

the last federal census, even though a department in a place of    4,079        

business is used to dismantle, salvage, or rebuild motor vehicles  4,080        

by means of used parts, if such departments are operated for the   4,081        

purpose of furthering and assisting in the business of             4,082        

manufacturing, selling, displaying, offering for sale, or dealing  4,083        

in motor vehicles.  Places of business or departments in a place   4,084        

of business used to dismantle, salvage, or rebuild motor vehicles  4,085        

by means of using used parts are not considered as being           4,086        

maintained for the purpose of assisting or furthering the          4,087        

manufacturing, selling, displaying, and offering for sale or       4,088        

dealing in motor vehicles.                                                      

      (X)  "Operator" includes any person who drives or operates   4,090        

a motor vehicle upon the public highways.                          4,091        

      (Y)  "Chauffeur" means any operator who operates a motor     4,093        

vehicle, other than a taxicab, as an employee for hire; or any     4,094        

operator whether or not the owner of a motor vehicle, other than   4,095        

a taxicab, who operates such vehicle for transporting, for gain,   4,096        

compensation, or profit, either persons or property owned by       4,097        

another.  Any operator of a motor vehicle who is voluntarily       4,098        

involved in a ridesharing arrangement is not considered an         4,099        

employee for hire or operating such vehicle for gain,              4,100        

compensation, or profit.                                                        

      (Z)  "State" includes the territories and federal districts  4,102        

                                                          96     

                                                                 
of the United States, and the provinces of Canada.                 4,103        

      (AA)  "Public roads and highways" for vehicles includes all  4,105        

public thoroughfares, bridges, and culverts.                       4,106        

      (BB)  "Manufacturer's number" means the manufacturer's       4,108        

original serial number that is affixed to or imprinted upon the    4,109        

chassis or other part of the motor vehicle.                        4,110        

      (CC)  "Motor number" means the manufacturer's original       4,112        

number that is affixed to or imprinted upon the engine or motor    4,113        

of the vehicle.                                                    4,114        

      (DD)  "Bill of sale" means the written statement or          4,116        

document of transfer or conveyance required prior to January 1,    4,117        

1938, to be executed and delivered by the corporation,             4,118        

partnership, association, or person selling, giving away,          4,119        

transferring, or passing title to a motor vehicle.                 4,120        

      (EE)  "Distributor" means any person who is authorized by a  4,122        

motor vehicle manufacturer to distribute new motor vehicles to     4,123        

licensed motor vehicle dealers at an established place of          4,124        

business that is used exclusively for the purpose of distributing  4,125        

new motor vehicles to licensed motor vehicle dealers, except when  4,126        

the distributor also is a new motor vehicle dealer, in which case  4,127        

the distributor may distribute at the location of the              4,128        

distributor's licensed dealership.                                 4,129        

      (FF)  "Ridesharing arrangement" means the transportation of  4,131        

persons in a motor vehicle where the transportation is incidental  4,133        

to another purpose of a volunteer driver and includes ridesharing  4,134        

arrangements known as carpools, vanpools, and buspools.            4,135        

      (GG)  "Apportionable vehicle" means any vehicle that is      4,137        

used or intended for use in two or more international              4,138        

registration plan member jurisdictions that allocate or            4,139        

proportionally register vehicles, that is used for the             4,140        

transportation of persons for hire or designed, used, or           4,141        

maintained primarily for the transportation of property, and that  4,142        

meets any of the following qualifications:                                      

      (1)  Is a power unit having a gross vehicle weight in        4,144        

                                                          97     

                                                                 
excess of twenty-six thousand pounds;                              4,145        

      (2)  Is a power unit having three or more axles, regardless  4,147        

of the gross vehicle weight;                                       4,148        

      (3)  Is a combination vehicle with a gross vehicle weight    4,150        

in excess of twenty-six thousand pounds.                           4,151        

      "Apportionable vehicle" does not include recreational        4,153        

vehicles, vehicles displaying restricted plates, city pick-up and  4,154        

delivery vehicles, buses used for the transportation of chartered  4,155        

parties, or vehicles owned and operated by the United States,      4,156        

this state, or any political subdivisions thereof.                 4,157        

      (HH)  "Chartered party" means a group of persons who         4,159        

contract as a group to acquire the exclusive use of a              4,160        

passenger-carrying motor vehicle at a fixed charge for the         4,161        

vehicle in accordance with the carrier's tariff, lawfully on file  4,162        

with the interstate commerce commission, for the purpose of group  4,163        

travel to a specified destination or for a particular itinerary,   4,164        

either agreed upon in advance or modified by the chartered group   4,165        

after having left the place of origin.                             4,166        

      (II)  "International registration plan" means a reciprocal   4,168        

agreement of member jurisdictions that is endorsed by the          4,169        

American association of motor vehicle administrators, and that     4,170        

promotes and encourages the fullest possible use of the highway    4,171        

system by authorizing apportioned registration of fleets of        4,172        

vehicles and recognizing registration of vehicles apportioned in   4,173        

member jurisdictions.                                              4,174        

      (JJ)  "Restricted plate" means a license plate that has a    4,176        

restriction of time, geographic area, mileage, or commodity, and   4,177        

includes license plates issued to farm trucks under division (K)   4,178        

of section 4503.04 of the Revised Code.                            4,179        

      (KK)  "Gross vehicle weight," with regard to any commercial  4,181        

car, trailer, semitrailer, or bus that is taxed at the rates       4,182        

established under section 4503.042 of the Revised Code, means the  4,183        

unladen weight of the vehicle fully equipped plus the maximum      4,184        

weight of the load to be carried on the vehicle.                   4,185        

                                                          98     

                                                                 
      (LL)  "Combined gross vehicle weight" with regard to any     4,187        

combination of a commercial car, trailer, and semitrailer, that    4,188        

is taxed at the rates established under section 4503.042 of the    4,189        

Revised Code, means the total unladen weight of the combination    4,190        

of vehicles fully equipped plus the maximum weight of the load to  4,191        

be carried on that combination of vehicles.                        4,192        

      (MM)  "Chauffeured limousine" means a motor vehicle that is  4,195        

designed to carry fewer than nine passengers and is operated for                

hire on an hourly basis pursuant to a prearranged contract for     4,196        

the transportation of passengers on public roads and highways      4,197        

along a route under the control of the person hiring the vehicle   4,198        

and not over a defined and regular route.  "Prearranged contract"  4,199        

means an agreement, made in advance of boarding, to provide        4,200        

transportation from a specific location in a chauffeured           4,201        

limousine at a fixed rate per hour or trip.  "Chauffeured          4,202        

limousine" does not include any vehicle that is used exclusively   4,203        

in the business of funeral directing.                              4,204        

      (NN)  "MANUFACTURED HOME" HAS THE SAME MEANING AS IN         4,206        

DIVISION (C)(4) OF SECTION 3781.06 OF THE REVISED CODE.            4,207        

      Sec. 4503.04.  Until the rates established under section     4,216        

4503.042 of the Revised Code for the registration of commercial    4,217        

cars, trailers, semitrailers, and buses other than transit buses   4,218        

become operative, the rates of the taxes imposed by section        4,219        

4503.02 of the Revised Code shall be as follows:                   4,220        

      (A)  For motor vehicles having three wheels or less, the     4,222        

license tax is:                                                    4,223        

      (1)  For each motorized bicycle, ten dollars;                4,225        

      (2)  For each motorcycle, fourteen dollars.                  4,227        

      (B)  For each passenger car, twenty dollars;                 4,229        

      (C)  For each manufactured home, EACH MOBILE HOME, and each  4,231        

travel trailer, ten dollars;                                       4,233        

      (D)  For each noncommercial motor vehicle designed by the    4,235        

manufacturer to carry a load of no more than three-quarters of     4,236        

one ton and for each motor home, thirty-five dollars; for each     4,237        

                                                          99     

                                                                 
noncommercial motor vehicle designed by the manufacturer to carry  4,238        

a load of no more than three-quarters of one ton, but not more     4,239        

than one ton, seventy dollars;                                     4,240        

      (E)  For each commercial car and for each trailer or         4,242        

semitrailer, except a manufactured OR MOBILE home or               4,243        

noncommercial trailer, which shall not be taxed by this division,  4,244        

the license tax is fifteen dollars plus:                           4,245        

      (1)  Eighty-five cents for each one hundred pounds or part   4,247        

thereof for the first two thousand pounds or part thereof of       4,248        

weight of vehicle fully equipped;                                  4,249        

      (2)  One dollar and forty cents for each one hundred pounds  4,251        

or part thereof in excess of two thousand pounds up to and         4,252        

including three thousand pounds;                                   4,253        

      (3)  One dollar and ninety cents for each one hundred        4,255        

pounds or part thereof in excess of three thousand pounds up to    4,256        

and including four thousand pounds;                                4,257        

      (4)  Two dollars and twenty cents for each one hundred       4,259        

pounds or part thereof in excess of four thousand pounds up to     4,260        

and including five thousand pounds;                                4,261        

      (5)  Two dollars and forty cents for each one hundred        4,263        

pounds or part thereof in excess of five thousand pounds up to     4,264        

and including six thousand pounds;                                 4,265        

      (6)  Two dollars and eighty cents for each one hundred       4,267        

pounds or part thereof in excess of six thousand pounds up to and  4,268        

including ten thousand pounds;                                     4,269        

      (7)  Three dollars for each one hundred pounds or part       4,271        

thereof in excess of ten thousand pounds up to and including       4,272        

twelve thousand pounds;                                            4,273        

      (8)  Three dollars and twenty-five cents for each one        4,275        

hundred pounds or part thereof in excess of twelve thousand        4,276        

pounds.                                                            4,277        

      (F)  For each noncommercial trailer, the license tax is:     4,279        

      (1)  Eighty-five cents for each one hundred pounds or part   4,281        

thereof for the first two thousand pounds or part thereof of       4,282        

                                                          100    

                                                                 
weight of vehicle fully equipped;                                  4,283        

      (2)  One dollar and forty cents for each one hundred pounds  4,285        

or part thereof in excess of two thousand pounds up to and         4,286        

including three thousand pounds.                                   4,287        

      (G)  Notwithstanding its weight, twelve dollars for any:     4,289        

      (1)  Vehicle equipped, owned, and used by a charitable or    4,291        

nonprofit corporation exclusively for the purpose of               4,292        

administering chest x-rays or receiving blood donations;           4,293        

      (2)  Van used principally for the transportation of          4,295        

handicapped persons that has been modified by being equipped with  4,296        

adaptive equipment to facilitate the movement of such persons      4,297        

into and out of the van.                                           4,298        

      (H)  For each bus, except a transit bus, having motor power  4,300        

the license tax is:                                                4,301        

      (1)  Eighty-five cents per one hundred pounds or part        4,303        

thereof for the first two thousand pounds or part thereof of       4,304        

weight of vehicle fully equipped;                                  4,305        

      (2)  One dollar and thirty cents for each one hundred        4,307        

pounds or part thereof in excess of two thousand pounds up to and  4,308        

including three thousand pounds;                                   4,309        

      (3)  One dollar and eighty cents for each one hundred        4,311        

pounds or part thereof in excess of three thousand pounds up to    4,312        

and including four thousand pounds;                                4,313        

      (4)  Two dollars and ten cents for each one hundred pounds   4,315        

or part thereof in excess of four thousand pounds up to and        4,316        

including six thousand pounds;                                     4,317        

      (5)  Two dollars and forty cents for each one hundred        4,319        

pounds or part thereof in excess of six thousand pounds up to and  4,320        

including ten thousand pounds;                                     4,321        

      (6)  Two dollars and seventy cents for each one hundred      4,323        

pounds or part thereof in excess of ten thousand pounds;           4,324        

      (7)  Notwithstanding its weight, twelve dollars for any bus  4,326        

used principally for the transportation of handicapped persons or  4,327        

persons sixty-five years of age or older;                          4,328        

                                                          101    

                                                                 
      (8)  Notwithstanding its weight, twenty dollars for any bus  4,330        

used principally for the transportation of persons in a            4,331        

ridesharing arrangement.                                           4,332        

      (I)  For each transit bus having motor power the license     4,334        

tax is twelve dollars.                                             4,335        

      "Transit bus" means either a motor vehicle having a seating  4,337        

capacity of more than seven persons which is operated and used by  4,338        

any person in the rendition of a public mass transportation        4,339        

service primarily in a municipal corporation or municipal          4,340        

corporations and provided at least seventy-five per cent of the    4,341        

annual mileage of such service and use is within such municipal    4,342        

corporation or municipal corporations or a motor vehicle having a  4,343        

seating capacity of more than seven persons which is operated      4,344        

solely for the transportation of persons associated with a         4,345        

charitable or nonprofit corporation, but does not mean any motor   4,346        

vehicle having a seating capacity of more than seven persons when  4,347        

such vehicle is used in a ridesharing capacity.                    4,348        

      The application for registration of such transit bus shall   4,350        

be accompanied by an affidavit prescribed by the registrar of      4,351        

motor vehicles and signed by the person or an agent of the firm    4,352        

or corporation operating such bus stating that the bus has a       4,353        

seating capacity of more than seven persons, and that it is        4,354        

either to be operated and used in the rendition of a public mass   4,355        

transportation service and that at least seventy-five per cent of  4,356        

the annual mileage of such operation and use shall be within one   4,357        

or more municipal corporations or that it is to be operated        4,358        

solely for the transportation of persons associated with a         4,359        

charitable or nonprofit corporation.                               4,360        

      The form of the license plate, and the manner of its         4,362        

attachment to the vehicle, shall be prescribed by the registrar    4,363        

of motor vehicles.                                                 4,364        

      (J)  The minimum tax for any vehicle having motor power      4,366        

other than a farm truck, a motorized bicycle, or motorcycle is     4,367        

ten dollars and eighty cents, and for each noncommercial trailer,  4,368        

                                                          102    

                                                                 
five dollars.                                                      4,369        

      (K)(1)  Except as otherwise provided in division (K) of      4,371        

this section, for each farm truck, except a noncommercial motor    4,372        

vehicle, that is owned, controlled, or operated by one or more     4,373        

farmers exclusively in farm use as defined in this section, and    4,374        

not for commercial purposes, and provided that at least            4,375        

seventy-five per cent of such farm use is by or for the one or     4,376        

more owners, controllers, or operators of the farm in the          4,377        

operation of which a farm truck is used, the license tax is five   4,378        

dollars plus:                                                      4,379        

      (a)  Fifty cents per one hundred pounds or part thereof for  4,381        

the first three thousand pounds;                                   4,382        

      (b)  Seventy cents per one hundred pounds or part thereof    4,384        

in excess of three thousand pounds up to and including four        4,385        

thousand pounds;                                                   4,386        

      (c)  Ninety cents per one hundred pounds or part thereof in  4,388        

excess of four thousand pounds up to and including six thousand    4,389        

pounds;                                                            4,390        

      (d)  Two dollars for each one hundred pounds or part         4,392        

thereof in excess of six thousand pounds up to and including ten   4,393        

thousand pounds;                                                   4,394        

      (e)  Two dollars and twenty-five cents for each one hundred  4,396        

pounds or part thereof in excess of ten thousand pounds;           4,397        

      (f)  The minimum license tax for any farm truck shall be     4,399        

twelve dollars.                                                    4,400        

      (2)  The owner of a farm truck may register the truck for a  4,402        

period of one-half year by paying one-half the registration tax    4,403        

imposed on the truck under this chapter and one-half the amount    4,404        

of any tax imposed on the truck under Chapter 4504. of the         4,405        

Revised Code.                                                      4,406        

      (3)  A farm bus may be registered for a period of ninety     4,408        

days from the date of issue of the license plates for the bus,     4,409        

for a fee of ten dollars, provided such license plates shall not   4,410        

be issued for more than any two ninety-day periods in any          4,411        

                                                          103    

                                                                 
calendar year.  Such use does not include the operation of trucks  4,412        

by commercial processors of agricultural products.                 4,413        

      (4)  License plates for farm trucks and for farm buses       4,415        

shall have some distinguishing marks, letters, colors, or other    4,416        

characteristics to be determined by the director of public         4,417        

safety.                                                            4,418        

      (5)  Every person registering a farm truck or bus under      4,420        

this section shall furnish an affidavit certifying that the truck  4,421        

or bus licensed to him THAT PERSON is to be so used as to meet     4,422        

the requirements necessary for the farm truck or farm bus          4,424        

classification.                                                    4,425        

      Any farmer may use his A truck OWNED BY THE FARMER for       4,427        

commercial purposes by paying the difference between the           4,429        

commercial truck registration fee and the farm truck registration  4,430        

fee for the remaining part of the registration period for which    4,431        

the truck is registered.  Such remainder shall be calculated from  4,432        

the beginning of the semiannual period in which application for    4,433        

such commercial license is made.                                   4,434        

      Taxes at the rates provided in this section are in lieu of   4,436        

all taxes on or with respect to the ownership of such motor        4,437        

vehicles, except as provided in section 4503.042 and section       4,438        

4503.06 of the Revised Code.                                       4,439        

      (L)  Other than trucks registered under the international    4,441        

registration plan in another jurisdiction and for which this       4,442        

state has received an apportioned registration fee, the license    4,443        

tax for each truck which is owned, controlled, or operated by a    4,444        

nonresident, and licensed in another state, and which is used      4,445        

exclusively for the transportation of nonprocessed agricultural    4,446        

products intrastate, from the place of production to the place of  4,447        

processing, is twenty-four dollars.                                4,448        

      "Truck," as used in this division, means any pickup truck,   4,450        

straight truck, semitrailer, or trailer other than a travel        4,451        

trailer.  Nonprocessed agricultural products, as used in this      4,452        

division, does not include livestock or grain.                     4,453        

                                                          104    

                                                                 
      A license issued under this division shall be issued for a   4,455        

period of one hundred thirty days in the same manner in which all  4,456        

other licenses are issued under this section, provided that no     4,457        

truck shall be so licensed for more than one one hundred           4,458        

thirty-day period during any calendar year.                        4,459        

      The license issued pursuant to this division shall consist   4,461        

of a windshield decal to be designed by the director of public     4,462        

safety.                                                            4,463        

      Every person registering a truck under this division shall   4,465        

furnish an affidavit certifying that the truck licensed to him     4,466        

THE PERSON is to be used exclusively for the purposes specified    4,468        

in this division.                                                  4,469        

      (M)  Every person registering a motor vehicle as a           4,471        

noncommercial motor vehicle as defined in section 4501.01 of the   4,472        

Revised Code, or registering a trailer as a noncommercial trailer  4,473        

as defined in that section, shall furnish an affidavit certifying  4,474        

that the motor vehicle or trailer so licensed to him THE PERSON    4,475        

is to be so used as to meet the requirements necessary for the     4,477        

noncommercial vehicle classification.                              4,478        

      (N)  Every person registering a van or bus as provided in    4,480        

divisions (G)(2) and (H)(7) of this section shall furnish a        4,481        

notarized statement certifying that the van or bus licensed to     4,482        

him THE PERSON is to be used for the purposes specified in those   4,483        

divisions. The form of the license plate issued for such motor     4,485        

vehicles shall be prescribed by the registrar.                     4,486        

      (O)  Every person registering as a passenger car a motor     4,488        

vehicle designed and used for carrying more than nine but not      4,489        

more than fifteen passengers, and every person registering a bus   4,490        

as provided in division (H)(8) of this section, shall furnish an   4,491        

affidavit certifying that the vehicle so licensed to him THE       4,492        

PERSON is to be used in a ridesharing arrangement and that he THE  4,494        

PERSON will have in effect whenever the vehicle is used in a       4,496        

ridesharing arrangement a policy of liability insurance with       4,497        

respect to the motor vehicle in amounts and coverages no less      4,498        

                                                          105    

                                                                 
than those required by section 4509.79 of the Revised Code.  The   4,499        

form of the license plate issued for such a motor vehicle shall    4,500        

be prescribed by the registrar.                                    4,501        

      (P)  As used in this section:                                4,503        

      (1)  "Van" means any motor vehicle having a single rear      4,505        

axle and an enclosed body without a second seat.                   4,506        

      (2)  "Handicapped person" means any person who has lost the  4,508        

use of one or both legs, or one or both arms, or is blind, deaf,   4,509        

or so severely disabled as to be unable to move about without the  4,510        

aid of crutches or a wheelchair.                                   4,511        

      (3)  "Farm truck" means a truck used in the transportation   4,513        

from the farm of products of the farm, including livestock and     4,514        

its products, poultry and its products, floricultural and          4,515        

horticultural products, and in the transportation to the farm of   4,516        

supplies for the farm, including tile, fence, and every other      4,517        

thing or commodity used in agricultural, floricultural,            4,518        

horticultural, livestock, and poultry production and livestock,    4,519        

poultry, and other animals and things used for breeding, feeding,  4,520        

or other purposes connected with the operation of the farm.        4,521        

      (4)  "Farm bus" means a bus used only for the                4,523        

transportation of agricultural employees and used only in the      4,524        

transportation of such employees as are necessary in the           4,525        

operation of the farm.                                             4,526        

      (5)  "Farm supplies" includes fuel used exclusively in the   4,528        

operation of a farm, including one or more homes located on and    4,529        

used in the operation of one or more farms, and furniture and      4,530        

other things used in and around such homes.                        4,531        

      Sec. 4503.042.  The registrar of motor vehicles shall adopt  4,540        

rules establishing the date, subsequent to this state's entry      4,541        

into membership in the international registration plan, when the   4,542        

rates established by this section become operative.                4,543        

      (A)  The rates of the taxes imposed by section 4503.02 of    4,545        

the Revised Code are as follows for commercial cars having a       4,546        

gross vehicle weight or combined gross vehicle weight of:          4,547        

                                                          106    

                                                                 
      (1)  Not more than two thousand pounds, forty-five dollars;  4,549        

      (2)  More than two thousand but not more than six thousand   4,551        

pounds, seventy dollars;                                           4,552        

      (3)  More than six thousand but not more than ten thousand   4,554        

pounds, eighty-five dollars;                                       4,555        

      (4)  More than ten thousand but not more than fourteen       4,557        

thousand pounds, one hundred five dollars;                         4,558        

      (5)  More than fourteen thousand but not more than eighteen  4,560        

thousand pounds, one hundred twenty-five dollars;                  4,561        

      (6)  More than eighteen thousand but not more than           4,563        

twenty-two thousand pounds, one hundred fifty dollars;             4,564        

      (7)  More than twenty-two thousand but not more than         4,566        

twenty-six thousand pounds, one hundred seventy-five dollars;      4,567        

      (8)  More than twenty-six thousand but not more than thirty  4,569        

thousand pounds, three hundred fifty-five dollars;                 4,570        

      (9)  More than thirty thousand but not more than             4,572        

thirty-four thousand pounds, four hundred twenty dollars;          4,573        

      (10)  More than thirty-four thousand but not more than       4,575        

thirty-eight thousand pounds, four hundred eighty dollars;         4,576        

      (11)  More than thirty-eight thousand but not more than      4,578        

forty-two thousand pounds, five hundred forty dollars;             4,579        

      (12)  More than forty-two thousand but not more than         4,581        

forty-six thousand pounds, six hundred dollars;                    4,582        

      (13)  More than forty-six thousand but not more than fifty   4,584        

thousand pounds, six hundred sixty dollars;                        4,585        

      (14)  More than fifty thousand but not more than fifty-four  4,587        

thousand pounds, seven hundred twenty-five dollars;                4,588        

      (15)  More than fifty-four thousand but not more than        4,590        

fifty-eight thousand pounds, seven hundred eighty-five dollars;    4,591        

      (16)  More than fifty-eight thousand but not more than       4,593        

sixty-two thousand pounds, eight hundred fifty-five dollars;       4,594        

      (17)  More than sixty-two thousand but not more than         4,596        

sixty-six thousand pounds, nine hundred twenty-five dollars;       4,597        

      (18)  More than sixty-six thousand but not more than         4,599        

                                                          107    

                                                                 
seventy thousand pounds, nine hundred ninety-five dollars;         4,600        

      (19)  More than seventy thousand but not more than           4,602        

seventy-four thousand pounds, one thousand eighty dollars;         4,603        

      (20)  More than seventy-four thousand but not more than      4,605        

seventy-eight thousand pounds, one thousand two hundred dollars;   4,606        

      (21)  More than seventy-eight thousand pounds, one thousand  4,608        

three hundred forty dollars.                                       4,609        

      (B)  The rates of the taxes imposed by section 4503.02 of    4,611        

the Revised Code are as follows for buses having a gross vehicle   4,612        

weight or combined gross vehicle weight of:                        4,613        

      (1)  Not more than two thousand pounds, ten dollars;         4,615        

      (2)  More than two thousand but not more than six thousand   4,617        

pounds, forty dollars;                                             4,618        

      (3)  More than six thousand but not more than ten thousand   4,620        

pounds, one hundred dollars;                                       4,621        

      (4)  More than ten thousand but not more than fourteen       4,623        

thousand pounds, one hundred eighty dollars;                       4,624        

      (5)  More than fourteen thousand but not more than eighteen  4,626        

thousand pounds, two hundred sixty dollars;                        4,627        

      (6)  More than eighteen thousand but not more than           4,629        

twenty-two thousand pounds, three hundred forty dollars;           4,630        

      (7)  More than twenty-two thousand but not more than         4,632        

twenty-six thousand pounds, four hundred twenty dollars;           4,633        

      (8)  More than twenty-six thousand but not more than thirty  4,635        

thousand pounds, five hundred dollars;                             4,636        

      (9)  More than thirty thousand but not more than             4,638        

thirty-four thousand pounds, five hundred eighty dollars;          4,639        

      (10)  More than thirty-four thousand but not more than       4,641        

thirty-eight thousand pounds, six hundred sixty dollars;           4,642        

      (11)  More than thirty-eight thousand but not more than      4,644        

forty-two thousand pounds, seven hundred forty dollars;            4,645        

      (12)  More than forty-two thousand but not more than         4,647        

forty-six thousand pounds, eight hundred twenty dollars;           4,648        

      (13)  More than forty-six thousand but not more than fifty   4,650        

                                                          108    

                                                                 
thousand pounds, nine hundred forty dollars;                       4,651        

      (14)  More than fifty thousand but not more than fifty-four  4,653        

thousand pounds, one thousand dollars;                             4,654        

      (15)  More than fifty-four thousand but not more than        4,656        

fifty-eight thousand pounds, one thousand ninety dollars;          4,657        

      (16)  More than fifty-eight thousand but not more than       4,659        

sixty-two thousand pounds, one thousand one hundred eighty         4,660        

dollars;                                                           4,661        

      (17)  More than sixty-two thousand but not more than         4,663        

sixty-six thousand pounds, one thousand two hundred seventy        4,664        

dollars;                                                           4,665        

      (18)  More than sixty-six thousand but not more than         4,667        

seventy thousand pounds, one thousand three hundred sixty          4,668        

dollars;                                                           4,669        

      (19)  More than seventy thousand but not more than           4,671        

seventy-four thousand pounds, one thousand four hundred fifty      4,672        

dollars;                                                           4,673        

      (20)  More than seventy-four thousand but not more than      4,675        

seventy-eight thousand pounds, one thousand five hundred forty     4,676        

dollars;                                                           4,677        

      (21)  More than seventy-eight thousand pounds, one thousand  4,679        

six hundred thirty dollars.                                        4,680        

      (C)  In addition to the license taxes imposed at the rates   4,682        

specified in divisions (A) and (B) of this section, an             4,683        

administrative fee of two dollars and twenty-five cents, plus an   4,684        

appropriate amount to cover the cost of postage, shall be          4,685        

collected by the registrar for each international registration     4,686        

plan license processed by him THE REGISTRAR.                       4,687        

      (D)  The rate of the tax for each trailer and semitrailer    4,689        

is twenty-five dollars.                                            4,690        

      (E)  The rates established by this section shall not apply   4,692        

to any of the following:                                           4,693        

      (1)  Vehicles equipped, owned, and used by a charitable or   4,695        

nonprofit corporation exclusively for the purpose of               4,696        

                                                          109    

                                                                 
administering chest x-rays or receiving blood donations;           4,697        

      (2)  Vans used principally for the transportation of         4,699        

handicapped persons that have been modified by being equipped      4,700        

with adaptive equipment to facilitate the movement of such         4,701        

persons into and out of the vans;                                  4,702        

      (3)  Buses used principally for the transportation of        4,704        

handicapped persons or persons sixty-five years of age or older;   4,705        

      (4)  Buses used principally for the transportation of        4,707        

persons in a ridesharing arrangement;                              4,708        

      (5)  Transit buses having motor power;                       4,710        

      (6)  Noncommercial trailers, MOBILE HOMES, or manufactured   4,712        

homes.                                                             4,713        

      Sec. 4503.06.  (A)  All THE OWNER OF EACH manufactured       4,722        

homes OR MOBILE HOME THAT HAS ACQUIRED SITUS in this state on the  4,724        

first day of January, except as otherwise provided, are SHALL PAY  4,725        

EITHER A REAL PROPERTY TAX PURSUANT TO TITLE LVII OF THE REVISED   4,726        

CODE OR A MANUFACTURED HOME TAX PURSUANT TO DIVISION (C) OF THIS   4,729        

SECTION.                                                                        

      (B)  A MANUFACTURED OR MOBILE HOME SHALL PAY REAL PROPERTY   4,732        

TAXES IF EITHER OF THE FOLLOWING APPLIES:                          4,733        

      (1)  THE MANUFACTURED OR MOBILE HOME ACQUIRED SITUS IN THE   4,735        

STATE OR OWNERSHIP IN THE HOME WAS TRANSFERRED ON OR AFTER         4,737        

JANUARY 1, 1998, AND ALL OF THE FOLLOWING APPLY:                   4,738        

      (a)  THE HOME IS AFFIXED TO A PERMANENT FOUNDATION AS        4,741        

DEFINED IN DIVISION (C)(5) OF SECTION 3781.06 OF THE REVISED       4,742        

CODE;                                                                           

      (b)  THE HOME IS LOCATED ON LAND THAT IS OWNED BY THE OWNER  4,745        

OF THE HOME;                                                                    

      (c)  THE CERTIFICATE OF TITLE HAS BEEN CANCELED BY THE       4,748        

CLERK OF THE COURT OF COMMON PLEAS THAT ISSUED IT, PURSUANT TO     4,749        

SECTION 4501.11 OF THE REVISED CODE.                                            

      (2)  THE MANUFACTURED OR MOBILE ACQUIRED SITUS IN THE STATE  4,752        

OR OWNERSHIP IN THE HOME WAS TRANSFERRED BEFORE JANUARY 1, 1998,   4,753        

AND ALL OF THE FOLLOWING APPLY:                                    4,754        

                                                          110    

                                                                 
      (a)  THE HOME IS AFFIXED TO A PERMANENT FOUNDATION AS        4,757        

DEFINED IN DIVISION (C)(5) OF SECTION 3781.06 OF THE REVISED       4,758        

CODE;                                                                           

      (b)  THE HOME IS LOCATED ON LAND THAT IS OWNED BY THE OWNER  4,761        

OF THE HOME;                                                                    

      (c)  THE OWNER OF THE HOME HAS ELECTED TO HAVE THE HOME      4,764        

TAXED AS REAL PROPERTY AND, PURSUANT TO SECTION 4501.11 OF THE     4,765        

REVISED CODE, HAS SURRENDERED THE CERTIFICATE OF TITLE TO THE      4,766        

CLERK OF THE COURT OF COMMON PLEAS THAT ISSUED IT AND THE CLERK    4,767        

CANCELED THE CERTIFICATE.                                                       

      (C)(1)  ANY MOBILE OR MANUFACTURED HOME THAT IS NOT TAXED    4,770        

AS REAL PROPERTY AS PROVIDED IN DIVISION (B) OF THIS SECTION IS    4,771        

subject to an annual MANUFACTURED HOME tax, payable by the owner,  4,772        

for the privilege of using or occupying a manufactured LOCATING    4,773        

THE home in this state.  The tax as levied in this section is for  4,774        

the purpose of supplementing the general revenue funds of the      4,776        

local subdivision SUBDIVISIONS in which the manufactured home has  4,777        

its situs pursuant to this section.                                             

      (B)(2)  The year for which the MANUFACTURED HOME tax is      4,779        

levied commences on the first day of January and ends on the       4,780        

following thirty-first day of December.  THE LIEN OF THE STATE     4,781        

FOR THE TAX FOR A YEAR SHALL ATTACH ON THE FIRST DAY OF JANUARY    4,782        

TO A HOME THAT HAS ACQUIRED SITUS ON THAT DATE.  THE LIEN FOR A    4,784        

HOME THAT HAS NOT ACQUIRED SITUS ON THE FIRST DAY OF JANUARY, BUT  4,785        

THAT ACQUIRES SITUS DURING THE YEAR, SHALL ATTACH ON THE NEXT      4,786        

FIRST DAY OF JANUARY.  THE LIEN SHALL CONTINUE UNTIL THE TAX,                   

INCLUDING ANY PENALTY, IS PAID.                                    4,787        

      (C)(3)(a)  The situs of a manufactured OR MOBILE home used   4,789        

or occupied LOCATED in this state ON THE FIRST DAY OF JANUARY is   4,791        

the local taxing district in which the manufactured home is        4,793        

located on the first day of January, except that when a                         

manufactured home that is not located in this state on the first   4,794        

day of January is acquired or first enters this state, then the    4,795        

situs of such manufactured home is the local taxing district in    4,796        

                                                          111    

                                                                 
which such manufactured home is located immediately upon the       4,797        

expiration of a thirty-day period commencing with the date of      4,798        

acquisition or entrance into this state THAT DATE.                 4,799        

      (b)  THE SITUS OF A MANUFACTURED OR MOBILE HOME NOT LOCATED  4,801        

IN THIS STATE ON THE FIRST DAY OF JANUARY, BUT LOCATED IN THIS     4,802        

STATE SUBSEQUENT TO THAT DATE, IS THE LOCAL TAXING DISTRICT IN     4,803        

WHICH THE HOME IS LOCATED THIRTY DAYS AFTER IT IS ACQUIRED OR      4,804        

FIRST ENTERS THIS STATE.                                                        

      (D)(4)  The tax is collected by and paid to the county       4,806        

treasurer of the county containing the taxing district in which    4,807        

the manufactured home has its situs.                               4,808        

      (E)(D)  The MANUFACTURED HOME tax shall be computed and      4,810        

assessed by the county auditor of the county containing the        4,812        

taxing district in which the manufactured home has its situs by    4,813        

AS FOLLOWS:                                                                     

      (1)  ON A HOME THAT ACQUIRED SITUS IN THIS STATE PRIOR TO    4,815        

JANUARY 1, 1998;                                                   4,816        

      (a)  BY multiplying the assessable value of the              4,819        

manufactured home, after making any reduction required by section  4,820        

4503.065 of the Revised Code, by the tax rate of the taxing        4,821        

district in which the manufactured home has its situs.  The tax    4,822        

levied under this section FORMULA shall not be less than           4,823        

thirty-six dollars, unless the manufactured home qualifies for a   4,824        

reduction in assessable value under section 4503.065 of the        4,825        

Revised Code, in which case there shall be no minimum tax and the  4,826        

tax shall be the amount calculated under this division.            4,827        

      (b)  The assessable value of the manufactured home shall be  4,829        

forty per cent of the amount arrived at by the following           4,830        

computation:                                                       4,831        

      (1)(i)  If the cost to the owner, or market value at time    4,833        

of purchase, whichever is greater, of the manufactured home        4,834        

includes the furnishings and equipment, such cost or market value  4,835        

shall be multiplied according to the following schedule:           4,836        

      For the first calendar year                                  4,838        

                                                          112    

                                                                 
      in which the manufactured                                    4,839        

      home is owned by the                                         4,840        

      current owner                              80%               4,841        

      2nd calendar year                x         75%               4,842        

      3rd     "                        x         70%               4,843        

      4th     "                        x         65%               4,844        

      5th     "                        x         60%               4,845        

      6th     "                        x         55%               4,846        

      7th     "                        x         50%               4,847        

      8th     "                        x         45%               4,848        

      9th     "                        x         40%               4,849        

      10th and each year thereafter              35%               4,850        

      The first calendar year means any period between the first   4,852        

day of January and the thirty-first day of December of the first   4,853        

year.                                                              4,854        

      (2)(ii)  If the cost to the owner, or market value at the    4,856        

time of purchase, whichever is greater, of the manufactured home   4,857        

does not include the furnishings and equipment, such cost or       4,858        

market value shall be multiplied according to the following        4,859        

schedule:                                                                       

      For the first calendar year                                  4,861        

      in which the manufactured                                    4,862        

      home is owned by the                                         4,863        

      current owner                              95%               4,864        

      2nd calendar year                x         90%               4,865        

      3rd     "                        x         85%               4,866        

      4th     "                        x         80%               4,867        

      5th     "                        x         75%               4,868        

      6th     "                        x         70%               4,869        

      7th     "                        x         65%               4,870        

      8th     "                        x         60%               4,871        

      9th     "                        x         55%               4,872        

      10th and each year thereafter              50%               4,873        

      The first calendar year means any period between the first   4,875        

                                                          113    

                                                                 
day of January and the thirty-first day of December of the first   4,876        

year.                                                              4,877        

      (3)  When a manufactured home that is not located in this    4,879        

state on the first day of January is acquired or first enters      4,880        

this state, the assessable value for that year is determined by    4,881        

multiplying the assessable value as computed under this section    4,882        

by a fraction whose numerator is the number of full months         4,883        

remaining to the following thirty-first day of December,           4,884        

commencing with the date of acquisition or entrance into this      4,885        

state, and whose denominator is twelve.  If the minimum tax of     4,886        

thirty-six dollars is applicable to a manufactured home not        4,887        

located in this state on the first day of January, the tax is      4,888        

determined by multiplying three dollars by the number of full      4,889        

months remaining to the following thirty-first day of December     4,890        

commencing with the date of acquisition or entrance into this      4,891        

state                                                              4,892        

      (2)  ON A HOME IN WHICH OWNERSHIP WAS TRANSFERRED OR THAT    4,894        

FIRST ACQUIRED SITUS IN THIS STATE ON OR AFTER JANUARY 1, 1998:    4,896        

      (a)  BY MULTIPLYING THE ASSESSABLE VALUE OF THE HOME, AFTER  4,899        

MAKING ANY REDUCTION REQUIRED BY SECTION 323.152 OF THE REVISED    4,900        

CODE, BY THE EFFECTIVE TAX RATE, AS DEFINED IN SECTION 323.08 OF   4,901        

THE REVISED CODE, FOR RESIDENTIAL REAL PROPERTY OF THE TAXING      4,903        

DISTRICT IN WHICH THE HOME HAS ITS SITUS.                          4,904        

      (b)  THE ASSESSABLE VALUE OF THE HOME SHALL BE THIRTY-FIVE   4,907        

PER CENT OF ITS TRUE VALUE AS DETERMINED UNDER DIVISION (J) OF     4,909        

THIS SECTION.                                                                   

      (3)  THE AUDITOR SHALL RECORD THE ASSESSABLE VALUE AND THE   4,911        

AMOUNT OF TAX ON THE MANUFACTURED OR MOBILE HOME ON THE TAX LIST   4,912        

AND DELIVER A COPY OF THE LIST TO THE COUNTY TREASURER.            4,913        

      (F)(E)(1)  A manufactured OR MOBILE home is not subject to   4,915        

this section when ANY OF THE FOLLOWING APPLIES:                    4,916        

      (1)(a)  It is taxable as personal property pursuant to       4,918        

section 5709.01 of the Revised Code.  A ANY manufactured OR        4,919        

MOBILE home that is leased or rented and used as a residence       4,920        

                                                          114    

                                                                 
shall be subject to this section and shall not be taxable as       4,922        

personal property pursuant to section 5709.01 of the Revised       4,923        

Code.                                                                           

      (b)  IT BEARS A LICENSE PLATE ISSUED BY ANY STATE OTHER      4,925        

THAN THIS STATE UNLESS THE HOME IS IN THIS STATE IN EXCESS OF AN   4,926        

ACCUMULATIVE PERIOD OF THIRTY DAYS IN ANY CALENDAR YEAR.           4,927        

      (c)  THE ANNUAL TAX HAS BEEN PAID ON THE HOME IN THIS STATE  4,929        

FOR THE CURRENT YEAR.                                              4,930        

      (d)  THE TAX COMMISSIONER HAS DETERMINED, PURSUANT TO        4,932        

SECTION 5715.27 OF THE REVISED CODE, THAT THE PROPERTY IS EXEMPT   4,933        

FROM TAXATION, OR WOULD BE EXEMPT FROM TAXATION UNDER CHAPTER      4,934        

5709. OF THE REVISED CODE IF IT WERE CLASSIFIED AS REAL PROPERTY.  4,935        

      (2)  It is a A travel trailer OR PARK TRAILER, as THESE      4,938        

TERMS ARE defined in section 4501.01 of the Revised Code and, is   4,939        

currently licensed under Chapter 4503. of the Revised Code or NOT  4,941        

SUBJECT TO THIS SECTION IF IT IS unused or unoccupied and stored   4,942        

at the owner's normal place of residence or at a recognized        4,943        

storage facility.  Travel trailers that have                       4,944        

      (3)  A TRAVEL TRAILER OR PARK TRAILER, AS THESE TERMS ARE    4,946        

DEFINED IN SECTION 4501.01 OF THE REVISED CODE, IS SUBJECT TO      4,947        

THIS SECTION AND SHALL BE TAXED AS A MANUFACTURED OR MOBILE HOME   4,948        

IF IT HAS a situs longer than thirty days in one location and are  4,949        

IS connected to existing utilities shall not be considered as      4,951        

travel trailers for purposes of this division, except when any,    4,952        

UNLESS EITHER of the following applies:                            4,953        

      (a)  The situs is in a state facility or a camping or park   4,955        

area as defined in division (B), (C), (G), or (H), OR (R) of       4,957        

section 3733.01 of the Revised Code;                               4,958        

      (b)  The situs is in a camping or park area that is a tract  4,961        

of land that has been limited to recreational use by deed or                    

zoning restrictions and subdivided for sale of five or more        4,962        

individual lots for the express or implied purpose of occupancy    4,963        

by either self-contained recreational vehicles as defined in       4,964        

division (E) of section 3733.01 of the Revised Code or by          4,965        

                                                          115    

                                                                 
dependent recreational vehicles as defined in division (F) of      4,966        

section 3733.01 of the Revised Code;.                              4,967        

      (c)  The travel trailer is stored and not used or occupied   4,969        

at the owner's normal place of residence or at a recognized        4,970        

storage facility.                                                  4,971        

      (3)  It bears a license plate issued by any state other      4,973        

than this state unless such manufactured home is in this state in  4,975        

excess of an accumulative period of thirty days in any calendar                 

year.                                                              4,976        

      (4)  The annual tax has been paid on the manufactured home   4,978        

in this state for the current year.                                4,979        

      (G)(F)  The MANUFACTURED HOME tax is due and payable as      4,981        

follows:                                                           4,982        

      (1)  When a manufactured OR MOBILE home has a situs in this  4,984        

state, as provided in this section, on the first day of January,   4,985        

one-half of the amount of the tax is due and payable on or before  4,986        

the thirty-first day of January and the balance is due and         4,987        

payable on or before the thirty-first day of July.                 4,988        

      (2)  When a manufactured OR MOBILE home FIRST acquires a     4,990        

situs in this state, as provided in this section, after the first  4,991        

day of January and on or prior to the thirty-first day of July,    4,992        

the amount of the, NO tax IS due and payable is determined by      4,994        

multiplying one-half the annual tax by a fraction whose numerator  4,995        

is the number of full months remaining until the thirty-first day  4,996        

of July and whose denominator is six FOR THAT YEAR.  This tax is   4,997        

due and payable immediately upon the expiration of a thirty-day    4,999        

period commencing with the date the situs is acquired.  The        5,000        

balance of the tax is due and payable on or before the             5,001        

thirty-first day of December.  When a manufactured home acquires   5,002        

a situs in this state after the thirty-first day of July and on    5,003        

or prior to the thirty-first day of December, the amount of the    5,004        

tax due and payable is determined by multiplying one-half the      5,005        

annual tax by a fraction whose numerator is the number of full     5,006        

months remaining until the thirty-first day of December and whose  5,007        

                                                          116    

                                                                 
denominator is six.  This tax is due and payable immediately upon  5,008        

the expiration of a thirty-day period commencing with the date     5,009        

the situs is acquired.                                                          

      (H)(G)  If the payments of the tax are not made as provided  5,011        

in division (G)(1) or (2)(F) of this section, a penalty of five    5,012        

dollars or ten per cent of the taxes due, whichever is greater,    5,014        

shall be imposed and collected in addition to the tax due and      5,015        

owing.                                                                          

      (I)  If the owner of a manufactured home fails to make       5,017        

payment of the tax within the time prescribed by division (G)(1)   5,018        

or (2) of this section                                             5,019        

      (H)(1)  THE COUNTY AUDITOR SHALL COMPILE ANNUALLY A          5,021        

"DELINQUENT MANUFACTURED HOME TAX LIST" CONSISTING OF HOMES THE    5,023        

COUNTY TREASURER'S RECORDS INDICATE HAVE TAXES THAT WERE NOT PAID  5,024        

WITHIN THE TIME PRESCRIBED BY DIVISION (F) OF THIS SECTION, HAVE   5,025        

TAXES THAT REMAIN UNPAID FROM PRIOR YEARS, OR HAVE UNPAID TAX      5,026        

PENALTIES THAT HAVE BEEN ASSESSED.                                              

      (2)  ON OR BEFORE THE FIRST DAY OF SEPTEMBER EACH YEAR, THE  5,029        

COUNTY AUDITOR SHALL DELIVER A COPY OF THE DELINQUENT              5,030        

MANUFACTURED HOME TAX LIST TO THE COUNTY TREASURER AND SHALL FILE  5,031        

A COPY IN THE OFFICE OF THE COUNTY RECORDER.  THE RECORDER SHALL   5,032        

KEEP A COPY OF THE LIST, DESIGNATE IT AS THE "MANUFACTURED HOME    5,033        

TAX LIEN RECORD," AND INDEX IT UNDER THE NAME OF ANY PERSON        5,034        

CHARGED ON IT.  THE RECORDER SHALL NOT CHARGE A FEE FOR THE        5,035        

SERVICES REQUIRED UNDER THIS SECTION.  THE AUDITOR SHALL PUBLISH   5,036        

THE DELINQUENT MANUFACTURED HOME TAX LIST IN THE SAME MANNER AS    5,037        

DELINQUENT REAL PROPERTY TAX LISTS ARE PUBLISHED.                  5,038        

      (3)  THE LIST FILED WITH THE COUNTY RECORDER SHALL           5,040        

CONSTITUTE A NOTICE OF LIEN AS OF THE DATE OF FILING.  THE STATE   5,041        

SHALL HAVE THE FIRST LIEN ON ANY MANUFACTURED OR MOBILE HOME ON    5,042        

THE LIST FOR THE AMOUNT OF TAXES AND PENALTIES CHARGED AGAINST     5,044        

THE OWNER OF THE HOME UNDER THIS SECTION.                                       

      (4)  WHEN TAXES AND PENALTIES ARE CHARGED AGAINST A PERSON   5,047        

ON THE DELINQUENT MANUFACTURED HOME LIST, the county treasurer                  

                                                          117    

                                                                 
shall, in addition to any other remedy provided by law for the     5,050        

collection of taxes and penalties, enforce collection of such      5,051        

taxes and penalties by civil action in the name of the treasurer   5,052        

against the owner for the recovery of the unpaid taxes PURSUANT    5,053        

TO SECTIONS 323.25 TO 323.28 OF THE REVISED CODE.  THE ACTION MAY  5,054        

BE BROUGHT IN MUNICIPAL OR COUNTY COURT, PROVIDED THE AMOUNT       5,055        

CHARGED DOES NOT EXCEED THE MONETARY LIMITATIONS FOR ORIGINAL      5,057        

JURISDICTION FOR CIVIL ACTIONS IN THOSE COURTS.                    5,058        

      It is sufficient, having made proper parties to the suit,    5,060        

for the treasurer to allege in his THE TREASURER'S bill of         5,061        

particulars or petition that the taxes stand chargeable on the     5,063        

books of the county treasurer against such person, that they are   5,064        

due and unpaid, and that such person is indebted in the amount of  5,065        

taxes appearing to be due the county.  The treasurer need not set  5,066        

forth any other matter relating thereto.  IF IT IS FOUND ON THE    5,068        

TRIAL OF THE ACTION THAT THE PERSON IS INDEBTED TO THE STATE,      5,069        

JUDGMENT SHALL BE RENDERED IN FAVOR OF THE TREASURER PROSECUTING   5,070        

THE ACTION.  THE JUDGMENT DEBTOR IS NOT ENTITLED TO THE BENEFIT    5,071        

OF ANY LAW FOR STAY OF EXECUTION OR EXEMPTION OF PROPERTY FROM     5,072        

LEVY OR SALE ON EXECUTION IN THE ENFORCEMENT OF THE JUDGMENT.      5,073        

      (J)(I)  The total amount of taxes collected shall be         5,075        

distributed semiannually at the same time distribution is made of  5,076        

real estate and public utility taxes in the following manner:      5,077        

four per cent shall be allowed as compensation to the county       5,078        

auditor for his THE COUNTY AUDITOR'S service in assessing the      5,079        

taxes; two per cent shall be allowed as compensation to the        5,081        

county treasurer for the services he THE COUNTY TREASURER renders  5,082        

as a result of the tax levied by this section.  Such amounts       5,084        

shall be paid into the county treasury, to the credit of a         5,085        

general THE county GENERAL REVENUE fund, on the warrant of the     5,086        

county auditor.  FEES TO BE PAID TO THE CREDIT OF THE REAL ESTATE  5,087        

ASSESSMENT FUND SHALL BE COLLECTED PURSUANT TO DIVISION (B) OF     5,088        

SECTION 319.54 OF THE REVISED CODE AND PAID INTO THE COUNTY        5,089        

TREASURY, ON THE WARRANT OF THE COUNTY AUDITOR.  The balance of    5,090        

                                                          118    

                                                                 
the taxes collected shall be distributed among the taxing          5,091        

subdivisions of the county in which the taxes are collected and    5,092        

paid in the same ratio as real estate and public utility           5,093        

RESIDENTIAL REAL PROPERTY taxes are distributed for the benefit    5,094        

of the taxing subdivision.  The taxes levied and revenues          5,095        

collected under this section shall be in lieu of any general       5,096        

property tax and any tax levied with respect to the privilege of   5,097        

using or occupying a manufactured home in Ohio except as provided  5,098        

in sections 4503.04 and 5741.02 of the Revised Code.               5,099        

      (K)(J)  An agreement to purchase or a bill of sale for a     5,101        

manufactured home shall show whether or not the furnishings and    5,102        

equipment are included in the purchase price.                      5,103        

      (L)  Taxes charged on the delinquent lists of the county     5,105        

auditor and county treasurer for five consecutive years may be     5,106        

removed by the county board of revision in the manner provided in  5,107        

section 5719.06 of the Revised Code if the board deems such taxes  5,108        

uncollectible                                                      5,109        

      (K)  IF THE COUNTY TREASURER AND THE COUNTY PROSECUTING      5,111        

ATTORNEY AGREE THAT AN ITEM CHARGED ON THE DELINQUENT              5,112        

MANUFACTURED HOME TAX LIST IS UNCOLLECTIBLE, THEY SHALL CERTIFY    5,113        

THAT DETERMINATION AND THE REASONS TO THE COUNTY BOARD OF          5,114        

REVISION.  IF THE BOARD DETERMINES THE AMOUNT IS UNCOLLECTIBLE,    5,115        

IT SHALL CERTIFY ITS DETERMINATION TO THE COUNTY AUDITOR, WHO      5,116        

SHALL STRIKE THE ITEM FROM THE LIST.                               5,117        

      (L)(1)  THE COUNTY AUDITOR SHALL APPRAISE AT ITS TRUE VALUE  5,120        

ANY MANUFACTURED OR MOBILE HOME IN WHICH OWNERSHIP IS TRANSFERRED  5,121        

OR WHICH FIRST ACQUIRES SITUS IN THIS STATE ON OR AFTER JANUARY    5,122        

1, 1998.  THE TRUE VALUE SHALL INCLUDE THE VALUE OF THE HOME, ANY  5,123        

ADDITIONS, AND ANY FIXTURES, BUT NOT ANY FURNISHINGS IN THE HOME.  5,124        

IN DETERMINING THE TRUE VALUE OF A MANUFACTURED OR MOBILE HOME,    5,125        

THE AUDITOR SHALL CONSIDER ALL FACTS AND CIRCUMSTANCES RELATING    5,126        

TO THE VALUE OF THE HOME, INCLUDING ITS AGE, ITS CAPACITY TO       5,127        

FUNCTION AS A RESIDENCE, ANY OBSOLETE CHARACTERISTICS, AND OTHER   5,128        

FACTORS THAT MAY TEND TO PROVE ITS TRUE VALUE.                     5,129        

                                                          119    

                                                                 
      (2)(a)  IF A MANUFACTURED OR MOBILE HOME HAS BEEN THE        5,132        

SUBJECT OF AN ARM'S LENGTH SALE BETWEEN A WILLING SELLER AND A     5,133        

WILLING BUYER WITHIN A REASONABLE LENGTH OF TIME PRIOR TO THE                   

DETERMINATION OF TRUE VALUE, THE AUDITOR SHALL CONSIDER THE SALE   5,134        

PRICE OF THE HOME TO BE THE TRUE VALUE FOR TAXATION PURPOSES.      5,135        

      (b)  THE SALE PRICE IN AN ARM'S LENGTH TRANSACTION BETWEEN   5,138        

A WILLING SELLER AND A WILLING BUYER SHALL NOT BE CONSIDERED THE   5,139        

TRUE VALUE OF THE HOME IF EITHER OF THE FOLLOWING OCCURRED AFTER   5,140        

THE SALE:                                                                       

      (i)  THE HOME HAS LOST VALUE DUE TO A CASUALTY;              5,143        

      (ii)  AN ADDITION OR FIXTURE HAS BEEN ADDED TO THE HOME.     5,146        

      (3)  THE AUDITOR SHALL HAVE EACH HOME VIEWED AND APPRAISED   5,148        

AT LEAST ONCE IN EACH SIX-YEAR PERIOD.  THE PERSON VIEWING OR      5,149        

APPRAISING A HOME MAY ENTER THE HOME TO DETERMINE BY ACTUAL VIEW   5,150        

ANY ADDITIONS OR FIXTURES THAT HAVE BEEN ADDED SINCE THE LAST      5,151        

APPRAISAL.  IN CONDUCTING THE APPRAISALS AND ESTABLISHING THE      5,152        

TRUE VALUE, THE AUDITOR SHALL FOLLOW THE PROCEDURES SET FORTH FOR  5,154        

APPRAISING REAL PROPERTY IN SECTIONS 5713.01 AND 5713.03 OF THE    5,155        

REVISED CODE.                                                      5,156        

      (4)  THE AUDITOR SHALL PLACE THE TRUE VALUE OF EACH HOME ON  5,159        

THE MANUFACTURED HOME TAX LIST UPON COMPLETION OF AN APPRAISAL.    5,160        

      (5)(a)  IF THE AUDITOR CHANGES THE TRUE VALUE OF A HOME,     5,163        

THE AUDITOR SHALL NOTIFY THE OWNER OF THE HOME IN WRITING,                      

DELIVERED BY MAIL OR IN PERSON.  THE NOTICE SHALL BE GIVEN AT      5,164        

LEAST THIRTY DAYS PRIOR TO THE ISSUANCE OF ANY TAX BILL THAT       5,165        

REFLECTS THE CHANGE.  FAILURE TO RECEIVE THE NOTICE DOES NOT       5,167        

INVALIDATE ANY PROCEEDING UNDER THIS SECTION.                                   

      (b)  ANY OWNER OF A HOME WHO DISAGREES WITH A CHANGE TO THE  5,170        

TRUE VALUE OF THE HOME MAY FILE A COMPLAINT WITH THE COUNTY BOARD  5,171        

OF REVISION ON OR BEFORE THE THIRTY-FIRST DAY OF MARCH OF THE      5,172        

ENSUING TAX YEAR.  THE BOARD SHALL HEAR AND INVESTIGATE THE        5,173        

COMPLAINT AND MAY TAKE ACTION ON IT AS PROVIDED UNDER SECTIONS     5,174        

5715.11 TO 5715.19 OF THE REVISED CODE.                            5,176        

      (c)  IF THE COUNTY BOARD OF REVISION DETERMINES, PURSUANT    5,178        

                                                          120    

                                                                 
TO A COMPLAINT FILED UNDER THIS SECTION, THAT THE AMOUNT OF        5,179        

TAXES, ASSESSMENT, OR RECOUPMENT OF CHARGES WAS IN ERROR, THE      5,180        

COUNTY AUDITOR SHALL CREDIT AND RETURN TO THE HOMEOWNER ANY        5,181        

EXCESS AMOUNT PAID.                                                             

      (d)  PAYMENT OF ALL OR PART OF A TAX UNDER THIS SECTION FOR  5,184        

ANY YEAR FOR WHICH A COMPLAINT IS PENDING BEFORE THE COUNTY BOARD  5,185        

OF REVISION DOES NOT ABATE THE COMPLAINT OR IN ANY WAY AFFECT THE  5,186        

HEARING AND DETERMINATION THEREOF.                                              

      Sec. 4503.061.  (A)  The procedures set forth in this        5,195        

division shall be followed in those counties that have adopted a   5,196        

permanent manufactured home registration system, as provided in    5,197        

division (D) of this section ALL MANUFACTURED AND MOBILE HOMES     5,199        

SHALL BE LISTED ON EITHER THE REAL PROPERTY TAX LIST OR THE        5,200        

MANUFACTURED HOME TAX LIST OF THE COUNTY IN WHICH THE HOME HAS     5,201        

SITUS.  EACH OWNER SHALL FOLLOW THE PROCEDURES IN THIS SECTION TO  5,202        

IDENTIFY THE HOME TO THE COUNTY AUDITOR OF THE COUNTY CONTAINING   5,203        

THE TAXING DISTRICT IN WHICH THE HOME HAS SITUS SO THAT THE        5,204        

AUDITOR MAY PLACE THE HOME ON THE APPROPRIATE TAX LIST.            5,205        

      (B)  WHEN A MANUFACTURED OR MOBILE HOME FIRST ACQUIRES       5,208        

SITUS IN THIS STATE AND IS SUBJECT TO REAL PROPERTY TAXATION       5,209        

PURSUANT TO DIVISION (A)(1) OR (2) OF SECTION 4503.06 OF THE       5,210        

REVISED CODE, THE OWNER SHALL SURRENDER THE CERTIFICATE OF TITLE   5,211        

TO THE CLERK OF THE COURT OF COMMON PLEAS THAT ISSUED IT PURSUANT  5,212        

TO SECTION 4505.11 OF THE REVISED CODE.  AFTER THE CLERK HAS       5,213        

CANCELED THE CERTIFICATE OF TITLE, THE OWNER SHALL PRESENT TO THE  5,215        

AUDITOR OF THE COUNTY CONTAINING THE TAXING DISTRICT IN WHICH THE  5,216        

HOME HAS ITS SITUS, EVIDENCE OF CANCELLATION OF THE CERTIFICATE    5,217        

OF TITLE, PROOF THAT ANY TAXES DUE DURING THE PRECEDING FIVE       5,218        

YEARS HAVE BEEN PAID, AND PROOF THAT A MOVING PERMIT WAS OBTAINED  5,219        

FOR THE HOME IF REQUIRED UNDER THIS SECTION.  UPON RECEIVING THE   5,220        

REQUIRED EVIDENCE AND PROOFS, THE AUDITOR SHALL PLACE THE HOME ON  5,221        

THE REAL PROPERTY TAX LIST AND PROCEED TO TREAT THE HOME AS OTHER  5,222        

PROPERTIES ON THAT LIST.                                                        

      (C)(1)  When a manufactured OR MOBILE home SUBJECT TO A      5,224        

                                                          121    

                                                                 
MANUFACTURED HOME TAX first acquires a situs in any county in      5,225        

this state or is relocated to another county and is subject to     5,227        

the tax as provided in section 4503.06 of the Revised Code THAT    5,228        

HAS ADOPTED A PERMANENT  MANUFACTURED HOME REGISTRATION SYSTEM,    5,229        

AS PROVIDED IN DIVISION (F) OF THIS SECTION, the owner shall       5,230        

register the manufactured home with the county auditor of the      5,231        

county containing the taxing district in which the manufactured    5,232        

home has its situs on or prior to the date the tax is due and      5,233        

payable.  For the first registration in each county of situs, the  5,234        

owner or vendee in possession shall present to the county auditor  5,235        

an Ohio certificate of title, certified copy of the certificate    5,236        

of title, or memorandum certificate of title as such are required  5,237        

by law, and proof, as required by the county auditor, that the     5,238        

manufactured home, if it HAS PREVIOUSLY BEEN OCCUPIED AND is       5,239        

being relocated in that county, has been previously registered,    5,240        

and THAT any taxes due after December 31, 1979, during the         5,241        

preceding five years have been paid, AND THAT A MOVING PERMIT WAS  5,242        

OBTAINED FOR THE HOME IF REQUIRED UNDER THIS SECTION.              5,243        

      (2)  Upon the first registration of a manufactured OR        5,245        

MOBILE home, the county auditor shall issue an advance payment     5,246        

certificate, stating the amount of annual tax due, to be           5,247        

presented to the county treasurer with the payment of the tax      5,248        

that is due.                                                                    

      (3)  When a manufactured OR MOBILE home is registered for    5,250        

the first time in a county and when the total tax due has been     5,251        

paid as required by division (G)(F) of section 4503.06 of the      5,252        

Revised Code, the county treasurer shall note by writing or by a   5,253        

stamp on the certificate of title, certified copy of certificate   5,254        

of title, or memorandum certificate of title that the              5,255        

manufactured home has been registered and that the taxes due have  5,256        

been paid for the current half-year period.  The treasurer shall   5,257        

then issue a certificate evidencing registration and a decal to    5,258        

be displayed on the street side of the manufactured home.  Such    5,259        

certificate is valid in any county in this state during the year   5,260        

                                                          122    

                                                                 
for which it is issued.                                            5,261        

      (4)  For each year thereafter, the county auditor shall      5,263        

issue an advance payment certificate to be presented to the        5,264        

county treasurer with the payment of the tax that is due.  When    5,265        

the total tax due has been paid as required by division (G)(F) of  5,266        

section 4503.06 of the Revised Code, the county treasurer shall    5,267        

issue a certificate evidencing registration that shall be valid    5,268        

in any county in this state during the year for which the          5,269        

certificate is issued.                                             5,270        

      (5)  The permanent decal issued under this division is       5,272        

valid during the period of ownership, except that when a           5,273        

manufactured home is relocated in another county the owner shall   5,274        

apply for a new registration as required by this section and       5,275        

section 4503.06 of the Revised Code.                               5,276        

      (B)  The procedures set forth in this division shall be      5,278        

followed in those counties that have not adopted a permanent       5,279        

registration system.                                               5,280        

      (D)(1)  All owners of manufactured OR MOBILE homes SUBJECT   5,282        

TO THE MANUFACTURED HOME TAX having a situs in this state and      5,284        

subject to the tax A COUNTY THAT HAS NOT ADOPTED A PERMANENT                    

REGISTRATION SYSTEM, as provided in DIVISION (F) OF THIS section   5,286        

4503.06 of the Revised Code shall annually register such           5,287        

manufactured THE home with the county auditor of the county        5,288        

containing the taxing district in which the manufactured home has  5,289        

its situs on or prior to the date the tax is due and payable.      5,290        

      (2)  Upon the annual registration, the county auditor shall  5,292        

issue an advance payment certificate, stating the amount of        5,293        

annual MANUFACTURED HOME tax due, to be presented to the county    5,294        

treasurer with the payment of the tax that is due.  When a         5,295        

manufactured OR MOBILE home is registered and when the tax for     5,296        

the current one-half year has been paid as required by division    5,297        

(G)(F) of section 4503.06 of the Revised Code, the county          5,298        

treasurer shall issue a certificate evidencing registration and a  5,299        

decal.  Such certificate and decal are valid in any county in      5,300        

                                                          123    

                                                                 
this state during the year for which they are issued.  The decal   5,301        

shall be displayed on the street side of the manufactured home.    5,302        

      (3)  For the first annual registration in each county of     5,304        

situs, the county auditor shall require the owner or vendee to     5,305        

present an Ohio certificate of title, certified copy of the        5,306        

certificate of title, or memorandum certificate of title as such   5,307        

are required by law, and proof, as required by the county          5,308        

auditor, that the manufactured OR MOBILE home has been previously  5,309        

registered and that the taxes due after December 31, 1979, have    5,310        

been paid for the preceding five years, AND THAT A MOVING PERMIT   5,311        

WAS OBTAINED FOR THE HOME IF REQUIRED BY DIVISION (F) OF THIS      5,312        

SECTION.  When the county treasurer receives the tax payment, he   5,314        

THE COUNTY TREASURER shall note by writing or by a stamp on the    5,315        

certificate of title, certified copy of the certificate of title,  5,316        

or memorandum certificate of title that the manufactured home has  5,317        

been registered for the current year and that the MANUFACTURED     5,318        

HOME taxes due have been paid for the current half-year period.    5,320        

      (4)  For subsequent annual registrations, the auditor may    5,322        

require the owner or vendee in possession to present an Ohio       5,323        

certificate of title, certified copy of the certificate of title,  5,324        

or memorandum certificate of title to the county treasurer upon    5,325        

payment of the MANUFACTURED HOME tax that is due.                  5,326        

      (C)(E)(1)  Upon the application to transfer ownership of a   5,328        

manufactured OR MOBILE home FOR WHICH MANUFACTURED HOME TAXES ARE  5,329        

PAID PURSUANT TO DIVISION (C) OF SECTION 4503.06 OF THE REVISED    5,330        

CODE the clerk of the court of common pleas shall not issue any    5,331        

certificate of title which THAT does not contain thereon or have   5,333        

attached thereto an BOTH OF THE FOLLOWING:                         5,334        

      (a)  AN endorsement of the county treasurer AUDITOR stating  5,337        

that the manufactured home has been registered for each year of    5,339        

ownership and that all MANUFACTURED HOME taxes due after December  5,340        

31, 1979, imposed pursuant to section 4503.06 of the Revised                    

Code, have been paid;                                              5,341        

      (b)  AN ENDORSEMENT OF THE COUNTY AUDITOR THAT THE           5,343        

                                                          124    

                                                                 
MANUFACTURED HOME TRANSFER TAX IMPOSED PURSUANT TO SECTION 322.06  5,345        

OF THE REVISED CODE HAS BEEN PAID.  If the clerk establishes that  5,346        

      (2)  IF all the taxes have not been paid, he THE CLERK       5,349        

shall notify the vendee to contact the county treasurer of the     5,350        

county containing the taxing district in which the manufactured    5,351        

home has its situs at the time of the proposed transfer.  The      5,352        

county treasurer shall then collect all the taxes that are due     5,353        

after December 31, 1979, for the year of the transfer and all      5,354        

previous years not exceeding a total of five years.  He THE        5,355        

COUNTY TREASURER shall distribute that part of the collection      5,356        

owed to the county treasurer of other counties in the event IF     5,357        

the manufactured home had its situs in another county during a     5,358        

particular year when the unpaid tax became due and payable.  The   5,359        

burden to prove the situs of the manufactured home in the years    5,360        

that the taxes were not paid is on the transferor of the           5,361        

manufactured home.                                                 5,362        

      (3)  Once the transfer is complete and the certificate of    5,364        

title has been issued, the transferee shall register the           5,365        

manufactured OR MOBILE home with the county auditor of the county  5,366        

containing the taxing district in which the manufactured home has  5,367        

its situs at the time of the transfer.  The transferee need not    5,368        

pay the annual tax for the year of acquisition when IF the         5,369        

original owner has already paid the annual tax for that year.  If  5,370        

the transferee is not required to pay the annual tax during the    5,371        

year of acquisition, then the registration made during the year    5,372        

of acquisition shall not be considered a first registration for    5,373        

purposes of this section.                                                       

      (D)(F)  The county auditor may adopt a permanent             5,375        

registration system and issue a permanent decal with the first     5,376        

registration as prescribed by the tax commissioner.                5,377        

      (E)(G)  When any manufactured OR MOBILE home required to be  5,379        

registered by this section is not registered, the owner of such    5,380        

manufactured home shall be fined not less than twenty-five nor     5,382        

more than fifty dollars THE COUNTY AUDITOR SHALL IMPOSE A PENALTY  5,383        

                                                          125    

                                                                 
OF ONE HUNDRED DOLLARS UPON THE OWNER AND DEPOSIT THE AMOUNT TO    5,384        

THE CREDIT OF THE COUNTY REAL ESTATE ASSESSMENT FUND TO BE USED    5,385        

TO PAY THE COSTS OF ADMINISTERING THIS SECTION AND SECTION         5,386        

4503.06 OF THE REVISED CODE.  IF UNPAID, THE PENALTY SHALL         5,387        

CONSTITUTE A LIEN ON THE HOME AND SHALL BE ADDED BY THE COUNTY     5,388        

AUDITOR TO THE MANUFACTURED HOME TAX LIST FOR COLLECTION.          5,389        

      (H)(1)  BEFORE MOVING A MANUFACTURED OR MOBILE HOME ON       5,392        

PUBLIC ROADS FROM ONE ADDRESS TO ANOTHER ADDRESS WITHIN THIS       5,393        

STATE, THE OWNER OF THE HOME SHALL OBTAIN A MOVING PERMIT, AS      5,394        

PROVIDED BY THIS SECTION, FROM THE AUDITOR OF THE COUNTY IN WHICH  5,395        

THE HOME IS LOCATED IF THE HOME IS CURRENTLY SUBJECT TO TAXATION   5,396        

PURSUANT TO SECTION 4503.06 OF THE REVISED CODE.  THE AUDITOR      5,397        

SHALL CHARGE FIVE DOLLARS FOR THE PERMIT, AND DEPOSIT THE AMOUNT   5,398        

TO THE CREDIT OF THE COUNTY REAL ESTATE APPRAISAL FUND TO BE USED  5,399        

TO PAY THE COSTS OF ADMINISTERING THIS SECTION AND SECTION                      

4503.06 OF THE REVISED CODE.  THE AUDITOR SHALL NOT ISSUE A        5,400        

MOVING PERMIT UNLESS ANY TAXES OWED ON THE HOME UNDER SECTION      5,401        

4503.06 OF THE REVISED CODE HAVE BEEN PAID.                        5,402        

      (2)  IF A MANUFACTURED OR MOBILE HOME IS NOT YET SUBJECT TO  5,404        

TAXATION UNDER SECTION 4503.06 OF THE REVISED CODE, THE OWNER OF   5,406        

THE HOME SHALL OBTAIN A MOVING PERMIT FROM THE DEALER OR           5,407        

MANUFACTURER OF THE HOME.  THE DEALER OR MANUFACTURER OF THE HOME  5,408        

SHALL PROVIDE THE AUDITOR OF THE COUNTY IN WHICH THE HOME IS TO    5,409        

BE LOCATED WRITTEN NOTICE OF THE NAME OF THE PURCHASER OF THE                   

HOME, THE REGISTRATION NUMBER OF THE HOME, AND THE ADDRESS OR      5,410        

LOCATION TO WHICH THE HOME IS TO BE MOVED.  THE COUNTY AUDITOR     5,411        

SHALL PROVIDE TO EACH MANUFACTURED AND MOBILE HOME DEALER AND      5,412        

MANUFACTURER, WITHOUT CHARGE, A SUPPLY OF MOVING PERMITS TO BE     5,413        

DISTRIBUTED TO PURCHASERS PURSUANT TO THIS SECTION.                5,414        

      (3)  THE PERMIT SHALL BE IN THE FORM OF A ONE-FOOT SQUARE    5,417        

YELLOW SIGN WITH THE WORDS "MANUFACTURED HOME MOVING PERMIT"       5,418        

PRINTED PROMINENTLY ON IT.  THE NAME OF THE OWNER OF THE HOME,     5,419        

THE HOME'S REGISTRATION NUMBER, AND THE COUNTY IN WHICH THE        5,420        

PERMIT IS ISSUED SHALL ALSO BE ENTERED ON THE PERMIT.                           

                                                          126    

                                                                 
      (4)  THE MOVING PERMIT MUST BE ATTACHED TO THE REAR OF THE   5,423        

HOME WHEN THE HOME IS BEING MOVED ON A PUBLIC ROAD.  EXCEPT AS     5,424        

PROVIDED IN DIVISION (H)(5) OF THIS SECTION, NO PERSON SHALL       5,425        

DRIVE A MOTOR VEHICLE MOVING A MANUFACTURED OR MOBILE HOME ON A    5,426        

PUBLIC ROAD FROM ONE ADDRESS TO ANOTHER ADDRESS WITHIN THIS STATE  5,427        

UNLESS A MOVING PERMIT IS ATTACHED TO THE REAR OF THE HOME.        5,428        

      (5)  IF THE COUNTY AUDITOR DETERMINES THAT A MANUFACTURED    5,431        

OR MOBILE HOME HAS BEEN MOVED WITHOUT A PERMIT AS REQUIRED UNDER   5,432        

THIS DIVISION, THE AUDITOR SHALL IMPOSE A PENALTY OF ONE HUNDRED   5,433        

DOLLARS UPON THE OWNER OF THE HOME AND UPON THE PERSON WHO MOVED   5,434        

THE HOME AND DEPOSIT THE AMOUNT TO THE CREDIT OF THE COUNTY REAL   5,435        

ESTATE APPRAISAL FUND TO PAY THE COSTS OF ADMINISTERING THIS                    

SECTION AND SECTION 4503.06 OF THE REVISED CODE.  IF THE PENALTY   5,437        

ON THE OWNER IS UNPAID, THE PENALTY SHALL CONSTITUTE A LIEN ON                  

THE HOME AND THE AUDITOR SHALL ADD THE PENALTY TO THE              5,439        

MANUFACTURED HOME TAX LIST FOR COLLECTION.                         5,440        

      Sec. 4503.062.  Every operator of a manufactured home court  5,449        

or park OR PROPERTY ON WHICH ONE OR MORE MANUFACTURED OR MOBILE    5,450        

HOMES ARE LOCATED, or every owner of property used for such        5,451        

purposes when there is no operator, EVERY OWNER OF PROPERTY ON     5,452        

WHICH ONE OR MORE MANUFACTURED OR MOBILE HOMES ARE LOCATED, shall  5,453        

keep a register of all manufactured AND MOBILE homes which THAT    5,455        

make use of the court, park, or property.  The register shall set  5,456        

forth CONTAIN:                                                                  

      (A)  The name of the owner and all inhabitants of each       5,458        

manufactured home;                                                 5,459        

      (B)  The ages of all inhabitants;                            5,461        

      (C)  The permanent and temporary post office addresses of    5,463        

all inhabitants;                                                   5,464        

      (D)  The license numbers NUMBER of all units EACH UNIT;      5,466        

      (E)  The state issuing such licenses EACH LICENSE;           5,468        

      (F)  The date of arrival and of departure of each            5,470        

manufactured home.  The register shall be open to inspection by    5,471        

the county auditor, his THE AUDITOR'S agents, and all law          5,472        

                                                          127    

                                                                 
enforcement agencies at all times.                                 5,474        

      When any ANY person, required by this section to keep a      5,476        

register of all manufactured homes, WHO fails to comply with the   5,477        

provisions concerning such register, he THIS SECTION shall be      5,478        

fined not less than twenty-five nor more than one hundred          5,480        

dollars.                                                                        

      Sec. 4503.063.  The county auditor and county treasurer may  5,489        

appoint any suitable residents of the county as their deputies to  5,490        

perform any of the duties required of them by sections 4503.06,    5,491        

4503.061, and 4503.062 of the Revised Code.                        5,492        

      The tax commissioner shall prescribe forms which shall       5,494        

contain all relevant information necessary in the collection and   5,495        

payment of the tax and the registration of manufactured AND        5,496        

MOBILE homes, as provided in sections 4503.06 and 4503.061 of the  5,497        

Revised Code, and shall provide such other assistance as           5,498        

necessary to enable the county auditor to administer this tax.     5,499        

      Sec. 4503.064.  As used in sections 4503.064 to 4503.069 of  5,508        

the Revised Code:                                                  5,509        

      (A)  "Sixty-five years of age or older" means a person who   5,511        

will be age sixty-five or older in the calendar year following     5,512        

the year of application for reduction in the assessable value of   5,513        

his THE PERSON'S manufactured OR MOBILE home.                      5,514        

      (B)  "Total income" means the adjusted gross income of the   5,516        

owner and his THE OWNER'S spouse for the year preceding the year   5,517        

in which application for a reduction in taxes is made, as          5,519        

determined under the "Internal Revenue Code of 1986," 100 Stat.    5,520        

2085, 26 U.S.C.A. 1, as amended, adjusted as follows:              5,521        

      (1)  Subtract the amount of disability benefits included in  5,523        

adjusted gross income but not to exceed five thousand two hundred  5,524        

dollars, except subtract the entire amount of disability benefits  5,525        

included in adjusted gross income that are paid by the veteran's   5,526        

administration or a branch of the armed forces of the United       5,527        

States on account of an injury or disability;                      5,528        

      (2)  Add old age and survivors benefits received pursuant    5,530        

                                                          128    

                                                                 
to the "Social Security Act" that are not included in adjusted     5,531        

gross income;                                                      5,532        

      (3)  Add retirement, pension, annuity, or other retirement   5,534        

payments or benefits not included in adjusted gross income;        5,535        

      (4)  Add tier I and II railroad retirement benefits          5,537        

received pursuant to the "Railroad Retirement Act," 50 Stat. 307,  5,538        

45 U.S.C. 228;                                                     5,539        

      (5)  Add interest on federal, state, and local government    5,541        

obligations.                                                       5,542        

      (C)  "Old age and survivors benefits received pursuant to    5,544        

the 'Social Security Act'" or "tier I railroad retirement          5,545        

benefits received pursuant to the 'Railroad Retirement Act'"       5,546        

means:                                                             5,547        

      (1)  The old age benefits payable under the social security  5,549        

or railroad retirement laws in effect on the last day of the       5,550        

calendar year preceding the year in which the applicant's          5,551        

application for reduction is first successfully made, or, if no    5,552        

such benefits are payable that year, old age benefits payable the  5,553        

first succeeding year in which old age benefits under the social   5,554        

security or railroad retirement laws are payable, except in those  5,555        

cases where a change in social security or railroad retirement     5,556        

benefits results in a reduction in income.                         5,557        

      (2)  The lesser of:                                          5,559        

      (a)  Survivors benefits payable under the social security    5,561        

or railroad retirement laws in effect on the last day of the       5,562        

calendar year preceding the year in which the applicant's          5,563        

application for reduction is first successfully made, or, if no    5,564        

such benefits are payable that year, survivors benefits payable    5,565        

the first succeeding year in which survivors benefits are          5,566        

payable; or                                                        5,567        

      (b)  Old age benefits of the deceased spouse, as determined  5,569        

under division (C)(1) of this section, upon which the surviving    5,570        

spouse's survivors benefits are based under the social security    5,571        

or railroad retirement laws, except in those cases where a change  5,572        

                                                          129    

                                                                 
in benefits would cause a reduction in income.                     5,573        

      Survivors benefits are those described in division           5,575        

(C)(2)(b) of this section only if the deceased spouse received     5,576        

old age benefits in the year in which the deceased died.  If the   5,577        

deceased spouse did not receive old age benefits in the year in    5,578        

which the deceased died, then survivors benefits are those         5,579        

described in division (C)(2)(a) of this section.                   5,580        

      (D)  "Permanently and totally disabled" means a person who,  5,582        

on the first day of January of the year of application, including  5,583        

late application, for reduction in the assessable value of a       5,584        

manufactured OR MOBILE home, has some impairment in body or mind   5,585        

that makes him THE PERSON unfit to work at any substantially       5,586        

remunerative employment which he THE PERSON is reasonably able to  5,588        

perform and which will, with reasonable probability, continue for  5,590        

an indefinite period of at least twelve months without any         5,591        

present indication of recovery therefrom or has been certified as  5,592        

permanently and totally disabled by a state or federal agency      5,593        

having the function of so classifying persons.                     5,594        

      (E)  "Homestead exemption" means the reduction in taxes      5,596        

allowed under division (A) of section 323.152 of the Revised Code  5,597        

for the year in which an application is filed under section        5,598        

4503.066 of the Revised Code.                                      5,599        

      (F)  "Manufactured home" has the meaning given in division   5,601        

(O)(C)(4) of section 4501.01 3781.06 of the Revised Code, and      5,603        

includes a structure consisting of two manufactured homes that     5,604        

were purchased either together or separately and are combined to   5,605        

form a single dwelling, BUT DOES NOT INCLUDE A MANUFACTURED HOME   5,606        

THAT IS TAXED AS REAL PROPERTY PURSUANT TO DIVISION (B) OF         5,607        

SECTION 4503.06 OF THE REVISED CODE.                               5,609        

      (G)  "MOBILE HOME" HAS THE MEANING GIVEN IN DIVISION (O) OF  5,613        

SECTION 4501.01 OF THE REVISED CODE AND INCLUDES A STRUCTURE       5,615        

CONSISTING OF TWO MOBILE HOMES THAT WERE PURCHASED TOGETHER OR     5,616        

SEPARATELY AND COMBINED TO FORM A SINGLE DWELLING, BUT DOES NOT    5,617        

INCLUDE A MOBILE HOME THAT IS TAXED AS REAL PROPERTY PURSUANT TO   5,618        

                                                          130    

                                                                 
DIVISION (B) OF SECTION 4503.06 OF THE REVISED CODE.               5,620        

      (H)  "Late application" means an application filed with an   5,622        

original application under division (A)(3) of section 4503.066 of  5,623        

the Revised Code.                                                  5,624        

      Sec. 4503.065.  This section applies to any of the           5,633        

following:                                                         5,634        

      (A)  An individual who is permanently and totally disabled;  5,636        

      (B)  An individual who is sixty-five years of age or older;  5,638        

      (C)  An individual who is the surviving spouse of a          5,640        

deceased person who was permanently and totally disabled or        5,641        

sixty-five years of age or older and who applied and qualified     5,642        

for a reduction in assessable value under this section in the      5,643        

year in which he died OF DEATH, provided the surviving spouse is   5,645        

at least fifty-nine but not sixty-five or more years of age on     5,647        

the date the deceased spouse dies.                                 5,648        

      The assessable value of a manufactured OR MOBILE home UPON   5,650        

WHICH A MANUFACTURED HOME TAX IS PAID PURSUANT TO DIVISION (C) OF  5,651        

SECTION 4503.06 OF THE REVISED CODE AND that is owned and          5,653        

occupied as a home by an individual whose domicile is in this                   

state and to whom this section applies, shall be reduced           5,654        

according to the schedule below for any tax year for which the     5,655        

owner obtains a certificate of reduction from the county auditor   5,656        

under section 4503.067 of the Revised Code, provided such THE      5,657        

individual did not acquire ownership from a person, other than     5,658        

his THE INDIVIDUAL'S spouse, related by consanguinity or affinity  5,660        

for the purpose of qualifying for the reduction in assessable      5,661        

value.  An owner includes a settlor of a revocable inter vivos     5,662        

trust holding the title to a manufactured OR MOBILE home occupied  5,663        

by the settlor as of right under the trust.                        5,665        

                              Reduce Assessable Value              5,667        

      Total Income               by the Lesser of:                 5,668        

                               Column A     Column B               5,669        

$10,800 or less              $5,000 or seventy-five per cent       5,672        

More than $10,800 but not                                          5,673        

                                                          131    

                                                                 
more than $15,800            $3,000 or sixty per cent              5,674        

More than $15,800 but not                                          5,675        

more than $20,800            $1,000 or twenty-five per cent        5,676        

More than $20,800            -0-                                   5,678        

      If the owner or the spouse of the owner of a manufactured    5,680        

OR MOBILE home is eligible for a homestead exemption on the land   5,681        

upon which the manufactured home is located, the reduction in      5,682        

assessable value to which he THE OWNER OR SPOUSE is entitled       5,683        

under this section shall not exceed the difference between the     5,685        

reduction in taxable value to which he THE OWNER OR SPOUSE is      5,686        

entitled under column A of the above schedule and the amount of    5,687        

the reduction in taxable value that was used to compute the                     

homestead exemption.                                               5,688        

      No reduction shall be made on the assessable value of the    5,690        

manufactured home of any person convicted of violating division    5,691        

(C) or (D) of section 4503.066 of the Revised Code for a period    5,692        

of three years following the conviction.                           5,693        

      Sec. 4503.066.  (A)(1)  To obtain a reduction in the         5,702        

assessable value of a manufactured OR MOBILE home under section    5,703        

4503.065 of the Revised Code, the owner of a manufactured THE      5,704        

home shall file an application with the county auditor of the      5,705        

county in which his manufactured THE home is located.  An          5,706        

application for reduction in assessable value based upon a         5,707        

physical disability shall be accompanied by a certificate signed   5,708        

by a physician, and an application for reduction in assessable     5,709        

value based upon a mental disability shall be accompanied by a     5,710        

certificate signed by a physician or psychologist licensed to      5,711        

practice in this state.  The certificate shall attest to the fact  5,712        

that the applicant is permanently and totally disabled, shall be   5,713        

in a form that the department of taxation requires, and shall      5,714        

include the definition of totally and permanently disabled as set  5,715        

forth in section 4503.064 of the Revised Code.  An application     5,716        

for reduction in assessable value based upon a disability          5,717        

certified as permanent and total by a state or federal agency      5,718        

                                                          132    

                                                                 
having the function of so classifying persons shall be             5,719        

accompanied by a certificate from that agency.                     5,720        

      (2)  Each application shall constitute a continuing          5,722        

application for a reduction in assessable value for each year in   5,723        

which the manufactured OR MOBILE home is occupied by the           5,724        

applicant and in which the amount of the reduction in assessable   5,725        

value to which he is entitled does not exceed either the amount    5,726        

or per cent of the reduction to which he was entitled for the      5,727        

year in which the application was first filed.  Failure to         5,728        

receive a new application or notification under division (B) of    5,729        

this section after a certificate of reduction has been issued      5,730        

under section 4503.067 of the Revised Code is prima-facie          5,731        

evidence that the original applicant is entitled to the reduction  5,732        

in assessable value calculated on the basis of the information     5,733        

contained in his THE original application.  The original           5,734        

application and any subsequent application shall be in the form    5,735        

of a signed statement and shall be filed not later than the first  5,736        

Monday in June.  The statement shall be on a form, devised and     5,737        

supplied by the tax commissioner, that shall require no more       5,738        

information than is necessary to establish the applicant's         5,739        

eligibility for the reduction in assessable value and the amount   5,740        

of the reduction to which he THE APPLICANT is entitled.  The form  5,741        

shall contain a statement that signing such application            5,743        

constitutes a delegation of authority by the applicant to the      5,744        

county auditor to examine any financial records that relate to     5,745        

income earned by the applicant as stated on the application for    5,746        

the purpose of determining eligibility under, or possible          5,747        

violation of, division (C) or (D) of this section.  The form also  5,748        

shall contain a statement that conviction of willfully falsifying  5,749        

information to obtain a reduction in assessable value or failing   5,750        

to comply with division (B) of this section shall result in the    5,751        

revocation of the right to the reduction for a period of three     5,752        

years.                                                                          

      (3)  A late application for a reduction in assessable value  5,754        

                                                          133    

                                                                 
for the year preceding the year for which an original application  5,755        

is filed may be filed with an original application.  If the        5,756        

auditor determines that the information contained in the late      5,757        

application is correct, he THE AUDITOR shall determine both the    5,758        

amount of the reduction in assessable value to which the           5,760        

applicant would have been entitled for the current tax year had    5,761        

his THE application been timely filed and approved in the          5,763        

preceding year, and the amount the taxes levied under section      5,764        

4503.06 of the Revised Code for the current year would have been   5,765        

reduced as a result of the reduction in assessable value.  When    5,766        

an applicant is permanently and totally disabled on the first day  5,767        

of January of the year in which he THE APPLICANT files a late      5,768        

application, the auditor, in making his THE determination of the   5,770        

amounts of the reduction in assessable value and taxes under       5,771        

division (A)(3) of this section, is not required to determine      5,772        

that the applicant was permanently and totally disabled on the     5,773        

first day of January of the preceding year.                                     

      The amount of the reduction in taxes pursuant to a late      5,775        

application shall be treated as an overpayment of taxes by the     5,776        

applicant.  The auditor shall credit the amount of the             5,777        

overpayment against the amount of the taxes or penalties then due  5,778        

from the applicant, and, at the next succeeding settlement, the    5,779        

amount of the credit shall be deducted from the amount of any      5,780        

taxes or penalties distributable to the county or any taxing unit  5,781        

in the county that has received the benefit of the taxes or        5,782        

penalties previously overpaid, in proportion to the benefits       5,783        

previously received.  If, after the credit has been made, there    5,784        

remains a balance of the overpayment, or if there are no taxes or  5,785        

penalties due from the applicant, the auditor shall refund that    5,786        

balance to the applicant by a warrant drawn on the county          5,787        

treasurer in favor of the applicant.  The treasurer shall pay the  5,788        

warrant from the general fund of the county.  If there is          5,789        

insufficient money in the general fund to make the payment, the    5,790        

treasurer shall pay the warrant out of any undivided manufactured  5,791        

                                                          134    

                                                                 
OR MOBILE home taxes subsequently received by him THE TREASURER    5,792        

for distribution to the county or taxing district in the county    5,794        

that received the benefit of the overpaid taxes, in proportion to  5,795        

the benefits previously received, and the amount paid from the     5,796        

undivided funds shall be deducted from the money otherwise         5,797        

distributable to the county or taxing district in the county at    5,798        

the next or any succeeding distribution.  At the next or any       5,799        

succeeding distribution after making the refund, the treasurer     5,800        

shall reimburse the general fund for any payment made from that    5,801        

fund by deducting the amount of that payment from the money        5,802        

distributable to the county or other taxing unit in the county     5,803        

that has received the benefit of the taxes, in proportion to the   5,804        

benefits previously received.  On the second Monday in September   5,805        

of each year, the county auditor shall certify the total amount    5,806        

of the reductions in taxes made in the current year under          5,807        

division (A)(3) of this section to the tax commissioner who shall  5,808        

treat that amount as a reduction in taxes for the current tax      5,809        

year and shall make reimbursement to the county of that amount in  5,810        

the manner prescribed in section 4503.068 of the Revised Code,     5,811        

from moneys appropriated for that purpose.                         5,812        

      (B)  If in any year after an application has been filed      5,814        

under division (A) of this section the owner no longer qualifies   5,815        

for the reduction in assessable value for which he THE OWNER was   5,816        

issued a certificate or qualifies for a reduction that is less     5,818        

than either the per cent or amount of the reduction to which he    5,819        

THE OWNER was entitled in the year the application was filed, the  5,821        

owner shall notify the county auditor that he THE OWNER is not     5,822        

qualified for a reduction in the assessable value of his           5,824        

manufactured THE home or file a new application under division     5,825        

(A) of this section.                                                            

      During January of each year, the county auditor shall        5,827        

furnish each person issued a certificate of reduction in value,    5,828        

by ordinary mail, a form on which to report any changes in total   5,829        

income that would have the effect of increasing or decreasing the  5,830        

                                                          135    

                                                                 
reduction to which he THE PERSON is entitled, changes in           5,831        

ownership of the manufactured home, including changes in or        5,833        

revocation of a revocable inter vivos trust, changes in            5,834        

disability, and other changes in the information earlier           5,835        

furnished the auditor relative to his THE application.  The form   5,836        

shall be completed and returned to the auditor not later than the  5,838        

first Monday in June if the changes would affect the level of      5,839        

reduction in assessable value.                                                  

      (C)  No person shall knowingly make a false statement for    5,841        

the purpose of obtaining a reduction in assessable value under     5,842        

section 4503.065 of the Revised Code.                              5,843        

      (D)  No person shall knowingly fail to notify the county     5,845        

auditor of any change required by division (B) of this section     5,846        

that has the effect of maintaining or securing a reduction in      5,847        

assessable value of his manufactured THE home in excess of the     5,848        

reduction allowed under section 4503.065 of the Revised Code.      5,849        

      (E)  No person shall knowingly make a false statement or     5,851        

certification attesting to any person's physical or mental         5,852        

condition for purposes of qualifying such person for tax relief    5,853        

pursuant to sections 4503.064 to 4503.069 of the Revised Code.     5,854        

      Sec. 4503.067.  (A)  At the same time the advance payment    5,863        

certificate for the first half of the tax year is issued, the      5,864        

county auditor shall issue a certificate of reduction in           5,865        

assessable value of a manufactured OR MOBILE home in triplicate    5,866        

for each person who has complied with section 4503.066 of the      5,867        

Revised Code and been found by the auditor to be entitled to a     5,868        

reduction of assessable value for the succeeding tax year.  The    5,869        

certificate shall set forth the assessable value of the            5,870        

manufactured home calculated under section 4503.06 of the Revised  5,871        

Code and the amount of the reduction in assessable value of the    5,872        

manufactured home calculated under section 4503.065 of the         5,873        

Revised Code.  Upon issuance of the certificate, the auditor       5,874        

shall reduce the assessable value of the manufactured home for     5,875        

the succeeding tax year by the required amount and forward one     5,876        

                                                          136    

                                                                 
copy of the certificate to the county treasurer.  The auditor      5,877        

shall retain the original and forward the remaining copy to the    5,878        

recipient with the advance payment certificate submitted pursuant  5,879        

to section 4503.061 of the Revised Code.                           5,880        

      (B)  If the application or a continuing application is not   5,882        

approved, the auditor shall notify the applicant of the reasons    5,883        

for denial no later than the first Monday in October.  If a        5,884        

person believes that his THE PERSON'S application for reduction    5,885        

in assessable value of a manufactured home has been improperly     5,889        

denied or is for less than that to which he THE PERSON is          5,890        

entitled, he THE PERSON may file an appeal with the county board   5,892        

of revision no later than the thirty-first day of January of the   5,893        

following calendar year.  The appeal shall be treated in the same  5,894        

manner as a complaint relating to the valuation or assessment of   5,895        

real property under Chapter 5715. of the Revised Code.             5,896        

      Sec. 4503.19.  Upon the filing of an application for         5,904        

registration and the payment of the tax therefor, the registrar    5,905        

of motor vehicles or a deputy registrar shall determine whether    5,906        

the owner has previously been issued license plates for the motor  5,907        

vehicle described in the application.  If no license plates have   5,908        

previously been issued to the owner for that motor vehicle, the    5,909        

registrar or deputy registrar shall assign to the motor vehicle a  5,910        

distinctive number and issue and deliver to the owner in such      5,911        

manner as the registrar may select a certificate of registration,  5,912        

in such form as the registrar shall prescribe, and, except as      5,914        

otherwise provided in this section, two license plates,            5,915        

duplicates of each other, and validation stickers, or validation   5,916        

stickers alone, to be attached to the number plates as provided    5,917        

in section 4503.191 of the Revised Code.  The registrar or deputy  5,918        

registrar also shall charge the owner any fees required under      5,919        

division (C) of section 4503.10 of the Revised Code.  Trailers,    5,920        

manufactured homes, MOBILE HOMES, semitrailers, the manufacturer   5,921        

thereof, the dealer, or in transit companies therein, shall be     5,923        

issued one license plate only and one validation sticker, or a     5,924        

                                                          137    

                                                                 
validation sticker alone, which license plate shall be displayed   5,925        

only on the rear of such vehicles.  An apportioned vehicle         5,926        

receiving an apportioned license plate under the international     5,927        

registration plan shall be issued one license plate only and one   5,928        

validation sticker, or a validation sticker alone; the license     5,929        

plate shall be displayed only on the front of a semitractor and    5,930        

on the rear of all other vehicles.  School buses shall not be      5,931        

issued license plates, but shall bear identifying numbers in the   5,932        

manner prescribed by section 4511.764 of the Revised Code.  The    5,933        

certificate of registration and license plates and validation      5,934        

stickers, or validation stickers alone, shall be issued and        5,935        

delivered to the owner in person or by mail.  Chauffeured          5,936        

limousines shall be issued license plates, a validation sticker,   5,937        

and a livery sticker as provided in section 4503.24 of the         5,938        

Revised Code.  In the event of the loss, mutilation, or            5,939        

destruction of any certificate of registration, or of any license  5,940        

plates or validation stickers, or in the event the owner chooses   5,941        

to replace license plates previously issued for a motor vehicle,                

the owner of a motor vehicle, or manufacturer or dealer, may       5,942        

obtain from the registrar, or from a deputy registrar if           5,943        

authorized by the registrar, a duplicate thereof or new license    5,944        

plates bearing a different number, if the registrar considers it   5,946        

advisable, upon filing an application prescribed by the                         

registrar, and upon paying a fee of one dollar for such            5,947        

certificate of registration and a fee of five dollars for each     5,948        

set of two license plates or three dollars for each single         5,949        

license plate or validation sticker and a service fee of two       5,950        

dollars and twenty-five cents.                                                  

      Additionally, the registrar and each deputy registrar who    5,952        

either issues license plates and a validation sticker for use on   5,953        

any vehicle other than a commercial tractor, semitrailer, or       5,955        

apportioned vehicle, or who issues a validation sticker alone for  5,956        

use on such a vehicle and the owner has changed the owner's        5,957        

county of residence since the owner last was issued county         5,958        

                                                          138    

                                                                 
identification stickers, also shall issue and deliver to the       5,959        

owner either one or two county identification stickers, as         5,960        

appropriate, which shall be attached to the license plates in a    5,962        

manner prescribed by the director of public safety.  The county    5,963        

identification stickers shall prominently identify by name or      5,964        

number the county in which the owner of the vehicle resides at     5,965        

the time of registration.                                          5,966        

      Sec. 4503.21.  No person who is the owner or operator of a   5,968        

motor vehicle shall fail to display in plain view on the front     5,969        

and rear of such motor vehicle the distinctive number and          5,970        

registration mark, including any county identification sticker     5,971        

and any validation sticker issued under sections 4503.19 and       5,972        

4503.191 of the Revised Code, furnished by the director of public  5,973        

safety, except that a manufacturer of motor vehicles or dealer     5,974        

therein, the holder of an in transit permit, and the owner or      5,975        

operator of a motorcycle, motorized bicycle, manufactured home,    5,976        

MOBILE HOME, trailer, or semitrailer shall display on the rear     5,978        

only.  An apportioned vehicle receiving an apportioned license     5,979        

plate under the international registration plan shall display the  5,980        

plate only on the front of a semitractor and on the rear of all    5,981        

other vehicles.  Such number plates shall be securely fastened so  5,982        

as not to swing, and shall not be covered by any material that     5,983        

obstructs their visibility.                                        5,984        

      No person to whom a temporary license placard or windshield  5,986        

sticker has been issued for the use of a motor vehicle under       5,987        

section 4503.182 of the Revised Code, and no operator of such      5,988        

motor vehicle, shall fail to display such temporary license        5,989        

placard in plain view from the rear of the vehicle either in the   5,990        

rear window or on an external rear surface of the motor vehicle,   5,991        

or fail to display such windshield sticker in plain view on the    5,992        

rear window of the motor vehicle.  Such temporary license placard  5,993        

or windshield sticker shall not be covered by any material that    5,994        

obstructs its visibility.                                          5,995        

      Sec. 4503.99.  (A)  Whoever violates section 4503.05,        6,004        

                                                          139    

                                                                 
4503.11, or 4503.12, division (A) of section 4503.182, section     6,005        

4503.28, 4503.44, 4503.46, or 4503.47, or division (C), (D), or    6,006        

(E) of section 4503.066 of the Revised Code is guilty of a         6,007        

misdemeanor of the fourth degree.                                               

      (B)  Whoever violates DIVISION (H)(4) OF section 4503.061,   6,009        

OR SECTION 4503.19, 4503.21, or 4503.34 of the Revised Code is     6,011        

guilty of a minor misdemeanor.                                                  

      (C)  Whoever violates division (B) of section 4503.182 of    6,013        

the Revised Code is guilty of a misdemeanor of the first degree.   6,014        

      (D)  Whoever violates division (A) of section 4503.236 of    6,016        

the Revised Code is guilty of a misdemeanor of the second degree.  6,017        

      (E)  Whoever violates section 4503.30, division (B) of       6,019        

section 4503.301, or section 4503.32 of the Revised Code is        6,021        

guilty of a misdemeanor of the third degree.                       6,022        

      (F)(1)  Whoever violates division (B) of section 4503.033    6,024        

of the Revised Code shall be fined one thousand dollars.           6,026        

      (2)  Whoever violates division (C) of section 4503.033 of    6,028        

the Revised Code shall be fined ten thousand dollars.              6,029        

      Sec. 4505.01.  (A)  As used in this chapter:                 6,038        

      (1)  "Lien" includes, unless the context requires a          6,040        

different meaning, a security interest in a motor vehicle.         6,041        

      (2)  "Motor vehicle" includes manufactured homes and,        6,043        

MOBILE HOMES, recreational vehicles, and trailers and              6,046        

semitrailers whose weight exceeds four thousand pounds.                         

      (B)  The various certificates, applications, and             6,048        

assignments necessary to provide certificates of title for         6,049        

manufactured homes or, MOBILE HOMES, recreational vehicles, and    6,051        

trailers and semitrailers whose weight exceeds four thousand                    

pounds, shall be made upon forms prescribed by the registrar of    6,052        

motor vehicles.                                                                 

      Sec. 4505.06.  (A)  Application for a certificate of title   6,061        

shall be made upon a form prescribed by the registrar of motor     6,062        

vehicles, and shall be sworn to before a notary public or other    6,063        

officer empowered to administer oaths.  The application shall be   6,064        

                                                          140    

                                                                 
filed with the clerk of the court of common pleas of the county    6,065        

in which the applicant resides if the applicant is a resident of   6,066        

this state or, if not a resident, in the county in which the       6,067        

transaction is consummated.  The application shall be accompanied  6,068        

by the fee prescribed in section 4505.09 of the Revised Code; and  6,069        

if a certificate of title previously has been issued for the       6,070        

motor vehicle in this state, it shall be accompanied by that       6,071        

certificate of title duly assigned, unless otherwise provided in   6,072        

this chapter.  If a certificate of title previously has not been   6,073        

issued for the motor vehicle in this state, the application,       6,074        

unless otherwise provided in this chapter, shall be accompanied    6,075        

by a manufacturer's or importer's certificate or by a certificate  6,076        

of title, bill of sale, or other evidence of ownership required    6,078        

by the law of another state from which the motor vehicle was       6,079        

brought into this state.  If the application refers to a motor     6,080        

vehicle last previously registered in another state, the           6,081        

application also shall be accompanied by the physical inspection   6,082        

certificate required by section 4505.061 of the Revised Code.  If  6,083        

the application is made by two persons regarding a motor vehicle   6,084        

in which they wish to establish joint ownership with right of      6,085        

survivorship they may do so as provided in section 2106.17 of the  6,086        

Revised Code.  The clerk shall retain the evidence of title        6,087        

presented by the applicant and on which the certificate of title   6,088        

is issued.  The clerk shall use reasonable diligence in            6,089        

ascertaining whether or not the facts in the application are true  6,090        

by checking the application and documents accompanying it with     6,091        

the records of motor vehicles in the clerk's office; if satisfied  6,092        

that the applicant is the owner of the motor vehicle and that the  6,093        

application is in the proper form, the clerk, within five          6,094        

business days after the application is filed, shall issue a                     

certificate of title over the clerk's signature and sealed with    6,096        

the clerk's seal.  For purposes of the transfer of a certificate                

of title, if the clerk is satisfied that the secured party has     6,097        

duly discharged a lien notation, but has not canceled the lien     6,098        

                                                          141    

                                                                 
notation with the clerk of the county of origin, the clerk may     6,099        

cancel the lien notation on the automated title processing system  6,100        

and notify the clerk of the county of origin.                      6,101        

      In the case of the sale of a motor vehicle by a dealer or a  6,103        

manufactured home broker to a general buyer or user, the           6,104        

certificate of title shall be obtained in the name of the buyer    6,105        

by the dealer or the manufactured home broker upon application     6,106        

signed by the buyer, and shall be issued within five business      6,107        

days after the application for title is filed with the clerk.      6,108        

      In all other cases, except as provided in division (D)(2)    6,110        

of section 4505.11 of the Revised Code, such certificates shall    6,111        

be obtained by the buyer.  In all cases of transfer of a motor     6,113        

vehicle, the application for certificate of title shall be filed   6,114        

within thirty days after the assignment or delivery of the motor   6,115        

vehicle.  If an application for a certificate of title is not      6,116        

filed within that period, the clerk shall collect a fee of five    6,117        

dollars for the issuance of the certificate, except that no such   6,118        

fee shall be required from a motor vehicle salvage dealer, as      6,119        

defined in division (A) of section 4738.01 of the Revised Code,    6,120        

who immediately surrenders the certificate of title for                         

cancellation.  The fee shall be in addition to all other fees      6,121        

established by this chapter, and shall be retained by the clerk.   6,122        

The registrar shall provide, on the certificate of title form      6,123        

prescribed by section 4505.07 of the Revised Code, language        6,124        

necessary to give evidence of the date on which the assignment or  6,125        

delivery of the motor vehicle was made.                            6,126        

      (B)  The clerk, except as provided in this section, shall    6,128        

refuse to accept for filing any application for a certificate of   6,129        

title and shall refuse to issue a certificate of title unless the  6,130        

dealer or manufactured home broker or the applicant, in cases in   6,131        

which the certificate shall be obtained by the buyer, submits      6,132        

with the application payment of the tax levied by or pursuant to   6,133        

Chapters 5739. and 5741. of the Revised Code by cash, certified    6,134        

check, draft, or money order payable to the clerk,.  The clerk     6,135        

                                                          142    

                                                                 
also may accept payment by a corporate check of a new motor        6,136        

vehicle dealer licensed under Chapter 4517. of the Revised Code.   6,137        

Upon payment of the tax, the clerk shall issue a receipt           6,138        

prescribed by the registrar and agreed upon by the tax             6,139        

commissioner showing payment of the tax or a receipt issued by     6,140        

the commissioner showing the payment of the tax.  When submitting               

payment of the tax to the clerk, a dealer shall retain any         6,141        

discount to which the dealer is entitled under section 5739.12 of  6,142        

the Revised Code.                                                               

      For receiving and disbursing such taxes paid to the clerk,   6,144        

the clerk may retain a poundage fee of one and one one-hundredth   6,145        

per cent, which shall be paid into the certificate of title        6,146        

administration fund created by section 325.33 of the Revised       6,148        

Code.                                                                           

      In the case of casual sales of motor vehicles, as defined    6,150        

in section 4517.01 of the Revised Code, the price for the purpose  6,152        

of determining the tax shall be the purchase price on the          6,153        

assigned certificate of title executed by the seller and filed     6,154        

with the clerk by the buyer on a form to be prescribed by the      6,155        

registrar, which shall be prima-facie evidence of the amount for   6,156        

the determination of the tax.                                                   

      (C)(1)  If the transferor indicates on the certificate of    6,158        

title that the odometer reflects mileage in excess of the          6,159        

designed mechanical limit of the odometer, the clerk shall enter   6,160        

the phrase "exceeds mechanical limits" following the mileage       6,161        

designation.  If the transferor indicates on the certificate of    6,162        

title that the odometer reading is not the actual mileage, the     6,163        

clerk shall enter the phrase "nonactual: warning - odometer        6,165        

discrepancy" following the mileage designation.  The clerk shall                

use reasonable care in transferring the information supplied by    6,167        

the transferor, but is not liable for any errors or omissions of   6,168        

the clerk or those of the clerk's deputies in the performance of   6,169        

the clerk's duties created by this chapter.                                     

      The registrar shall prescribe an affidavit in which the      6,171        

                                                          143    

                                                                 
transferor shall swear to the true selling price and, except as    6,172        

provided in this division, the true odometer reading of the motor  6,173        

vehicle.  The registrar may prescribe an affidavit in which the    6,174        

seller and buyer provide information pertaining to the odometer    6,175        

reading of the motor vehicle in addition to that required by this  6,176        

section, as such information may be required by the United States  6,177        

secretary of transportation by rule prescribed under authority of  6,178        

subchapter IV of the "Motor Vehicle Information and Cost Savings   6,179        

Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.                         6,180        

      (2)  Division (C)(1) of this section does not require the    6,183        

giving of information concerning the odometer and odometer         6,184        

reading of a motor vehicle when ownership of a motor vehicle is    6,185        

being transferred as a result of a bequest, under the laws of      6,186        

intestate succession, to a surviving spouse pursuant to section    6,187        

2106.17, 2106.18, or 4505.10 of the Revised Code, or in            6,188        

connection with the creation of a security interest.               6,189        

      (D)  When the transfer to the applicant was made in some     6,191        

other state or in interstate commerce, the clerk, except as        6,192        

provided in this section, shall refuse to issue any certificate    6,193        

of title unless the tax imposed by or pursuant to Chapter 5741.    6,195        

of the Revised Code has been paid as evidenced by a receipt        6,196        

issued by the tax commissioner, or unless the applicant submits    6,197        

with the application payment of the tax by cash, certified check,  6,198        

draft, or money order payable to the clerk, who shall issue a      6,199        

receipt prescribed by the registrar and agreed upon by the tax     6,200        

commissioner, showing payment of the tax.  For receiving and       6,201        

disbursing such taxes paid to the clerk, the clerk may retain a    6,202        

poundage fee of one per cent.  When the vendor is not regularly    6,203        

engaged in the business of selling motor vehicles, the vendor      6,204        

shall not be required to purchase a vendor's license or make       6,205        

reports concerning such sales.                                                  

      (E)  In the following cases, the clerk shall accept for      6,207        

filing such application and shall issue a certificate of title     6,208        

without requiring payment or evidence of payment of the tax:       6,209        

                                                          144    

                                                                 
      (1)  When the purchaser is this state or any of its          6,211        

political subdivisions, a church, or an organization whose         6,212        

purchases are exempted by section 5739.02 of the Revised Code;     6,213        

      (2)  When the transaction in this state is not a retail      6,215        

sale as defined by section 5739.01 of the Revised Code;            6,216        

      (3)  When the purchase is outside this state or in           6,218        

interstate commerce and the purpose of the purchaser is not to     6,219        

use, store, or consume within the meaning of section 5741.01 of    6,220        

the Revised Code;                                                  6,221        

      (4)  When the purchaser is the federal government;           6,223        

      (5)  When the motor vehicle was purchased outside this       6,225        

state for use outside this state;                                  6,226        

      (6)  When the motor vehicle is purchased by a nonresident    6,228        

of this state for immediate removal from this state, and will be   6,229        

permanently titled and registered in another state, as provided    6,230        

by division (B)(23) of section 5739.02 of the Revised Code, and    6,231        

upon presentation of a copy of the affidavit provided by that      6,232        

section, and a copy of the exemption certificate provided by       6,233        

section 5739.03 of the Revised Code.                               6,234        

      The clerk shall forward all payments of taxes, less          6,236        

poundage fee, to the treasurer of state in a manner to be          6,237        

prescribed by the tax commissioner and shall furnish such          6,238        

information to the commissioner as the commissioner requires.      6,239        

      (F)  An application, as prescribed by the registrar and      6,241        

agreed to by the tax commissioner, shall be filled out and sworn   6,242        

to by the buyer of a motor vehicle in a casual sale.  The          6,243        

application shall contain the following notice in bold lettering:  6,244        

"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER):  You     6,245        

are required by law to state the true selling price.  A false      6,246        

statement is in violation of section 2921.13 of the Revised Code   6,248        

and is punishable by six months imprisonment or a fine of up to    6,249        

one thousand dollars, or both.  All transfers are audited by the   6,250        

department of taxation.  The seller and buyer must provide any     6,251        

information requested by the department of taxation.  The buyer                 

                                                          145    

                                                                 
may be assessed any additional tax found to be due."               6,252        

      (G)  THE CLERK SHALL ACCEPT FOR FILING, PURSUANT TO CHAPTER  6,255        

5739. OF THE REVISED CODE, AN APPLICATION FOR A CERTIFICATE OF     6,257        

TITLE FOR A MANUFACTURED HOME OR MOBILE HOME WITHOUT REQUIRING     6,258        

PAYMENT OF ANY TAX PURSUANT TO SECTION 5739.02, 5741.021,          6,259        

5741.022, OR 5741.023 OF THE REVISED CODE, OR A RECEIPT ISSUED BY  6,261        

THE COMMISSIONER SHOWING PAYMENT OF THE TAX.  THE COMMISSIONER     6,262        

SHALL ADMINISTER ANY TAX ON A MANUFACTURED OR MOBILE HOME          6,263        

PURSUANT TO CHAPTERS 5739. AND 5741. OF THE REVISED CODE.          6,266        

      (H)  ANY OWNER WHO ADDS A MANUFACTURED ROOM TO A             6,269        

MANUFACTURED OR MOBILE HOME SHALL APPLY FOR A NEW CERTIFICATE OF   6,270        

TITLE FOR THE HOME IN THE SAME MANNER AS AN APPLICATION FOR ANY    6,271        

OTHER CERTIFICATE OF TITLE UNDER DIVISION (A) OF THIS SECTION.     6,272        

AT THE TIME OF THE APPLICATION FOR A NEW TITLE, THE OWNER SHALL    6,273        

SURRENDER THE CERTIFICATE OF TITLE FOR THE HOME AND THE            6,274        

CERTIFICATE OF TITLE FOR THE ROOM, AND THE CLERK SHALL CANCEL THE  6,276        

SEPARATE CERTIFICATES OF TITLE.  THE CLERK SHALL NOTE ON THE NEW   6,277        

CERTIFICATE OF TITLE THAT IT APPLIES TO BOTH THE HOME AND THE      6,278        

ROOM.  IF AT A LATER TIME AN OWNER REMOVES THE ROOM FROM THE       6,279        

HOME, THAT OWNER SHALL APPLY TO THE CLERK FOR NEW, SEPARATE        6,280        

CERTIFICATES OF TITLE FOR THE HOME AND ROOM AND SHALL SURRENDER    6,281        

THE COMBINED CERTIFICATE OF TITLE FOR CANCELLATION.                6,282        

      Sec. 4505.08.  (A)  The clerk of the court of common pleas   6,291        

shall issue certificates of title in duplicate.  One copy shall    6,292        

be retained and filed by the clerk in the clerk's office.  The     6,294        

clerk shall sign and affix the clerk's seal to the original        6,295        

certificate of title and, if there are no liens on the motor       6,297        

vehicle, shall deliver the certificate to the applicant or the     6,298        

selling dealer.  If there are one or more liens on the motor       6,300        

vehicle, the certificate of title shall be delivered to the        6,301        

holder of the first lien or the selling dealer, who shall deliver               

the certificate of title to the holder of the first lien.          6,302        

      The registrar of motor vehicles shall prescribe a uniform    6,304        

method of numbering certificates of title, and such numbering      6,305        

                                                          146    

                                                                 
shall be in such manner that the county of issuance is indicated.  6,306        

The clerk shall assign numbers to certificates of title in the     6,307        

manner prescribed by the registrar.  The clerk shall file all      6,308        

certificates of title according to regulations to be prescribed    6,309        

by the registrar, and the clerk shall maintain in the clerk's      6,310        

office indexes for the certificates of title.                      6,312        

      The clerk need not retain on file any current certificates   6,315        

of title, current duplicate certificates of title, current         6,316        

memorandum certificates of title, or current salvage certificates  6,317        

of title, or supporting evidence thereof covering any motor        6,318        

vehicle or manufactured OR MOBILE home for a period longer than    6,319        

seven years after the date of its filing; thereafter the same may  6,321        

be destroyed.  The clerk need not retain on file any inactive      6,323        

records including certificates of title, duplicate certificates    6,324        

of title, memorandum certificates of title, or supporting          6,325        

evidence thereof covering any motor vehicle or EXCEPT A            6,326        

manufactured OR MOBILE home for a period longer than five years    6,327        

after the date of its filing, OR COVERING A MANUFACTURED OR        6,329        

MOBILE HOME FOR A PERIOD LONGER THAN THIRTY YEARS AFTER THE DATE   6,330        

OF ITS FILING; thereafter, the same may be destroyed.  The clerk   6,332        

shall retain the active index and all active records in the data   6,333        

base of the computer in the clerk's office, and shall retain in    6,335        

the data base a record and index of all inactive titles for ten    6,336        

years.  If the clerk provides a written copy of any information                 

contained in the data base, the copy shall be considered the       6,337        

original for purposes of the clerk certifying the record of such   6,338        

information for use in any legal proceeding.                       6,339        

      (B)(1)  If the clerk issues a certificate of title for a     6,341        

motor vehicle that was last previously registered in another       6,342        

state, the clerk shall record verbatim, where practicable, in the  6,344        

space on the title described in division (B)(19) of section        6,345        

4505.07 of the Revised Code, the words that appear as a notation   6,347        

to the vehicle on the title issued by the previous state.  These   6,348        

notations may include, but are not limited to, words to the        6,349        

                                                          147    

                                                                 
effect that the vehicle was considered or was categorized by the   6,350        

state in which it was last previously registered to be a law       6,351        

enforcement vehicle, a taxicab, or was once in a flood.            6,352        

      (2)  If the clerk, while issuing a certificate of title for  6,354        

a motor vehicle that was last previously registered in another     6,355        

state, receives information from the automated title processing    6,356        

system indicating that a title to the vehicle previously was       6,357        

issued by this state and that the previous title contained         6,358        

notations that appeared in the space described in division         6,359        

(B)(19) of section 4505.07 of the Revised Code, the clerk shall    6,360        

enter the notations that appeared on the previous certificate of   6,361        

title issued by this state on the new certificate of title in the  6,362        

space described in division (B)(19) of section 4505.07 of the      6,363        

Revised Code, irrespective of whether the notations appear on the  6,365        

certificate of title issued by the state in which the vehicle was  6,366        

last previously registered.                                        6,367        

      (3)  If the clerk, while issuing a certificate of title for  6,369        

a motor vehicle that was last previously registered in another     6,370        

state, receives information from the automated title processing    6,371        

system indicating that the vehicle was previously issued a title   6,372        

by this state and that the previous title bore the notation        6,374        

"REBUILT SALVAGE" as required by division (E) of section 4505.11                

of the Revised Code, or the previous title to the vehicle issued   6,375        

by this state was a salvage certificate of title, the clerk shall  6,376        

cause the certificate of title the clerk issues to bear the        6,377        

notation "REBUILT SALVAGE" in the location prescribed by the       6,379        

registrar pursuant to that division.                               6,380        

      (4)  The clerk shall use reasonable care in recording or     6,382        

entering onto titles the clerk issues any notation and             6,383        

information the clerk is required by division (B) of this section  6,384        

to record or enter and in causing the titles the clerk issues to   6,386        

bear any notation required by that division, but the clerk is not  6,388        

liable for any of the clerk's errors or omissions or those of the  6,390        

clerk's deputies, or the automated title processing system, in     6,391        

                                                          148    

                                                                 
the performance of the duties imposed on the clerk by this         6,392        

section.                                                                        

      (C)  The clerk may issue a duplicate title, when duly        6,394        

applied for, of any title that has been destroyed as herein        6,395        

provided.                                                                       

      Sec. 4505.11.  (A)  Each owner of a motor vehicle and each   6,404        

person mentioned as owner in the last certificate of title, when   6,405        

the motor vehicle is dismantled, destroyed, or changed in such     6,406        

manner that it loses its character as a motor vehicle, or changed  6,407        

in such manner that it is not the motor vehicle described in the   6,408        

certificate of title, shall surrender the certificate of title to  6,410        

that motor vehicle to the clerk of the court of common pleas who                

issued it, and thereupon the clerk, with the consent of any        6,412        

holders of any liens noted thereon, shall enter a cancellation     6,413        

upon the clerk's records and shall notify the registrar of motor   6,414        

vehicles of the cancellation.                                                   

      Upon the cancellation of a certificate of title in the       6,416        

manner prescribed by this section, the clerk and the registrar of  6,418        

motor vehicles may cancel and destroy all certificates and all     6,419        

memorandum certificates in that chain of title.                    6,420        

      (B)  Where an Ohio certificate of title or salvage           6,422        

certificate of title to a motor vehicle is assigned to a salvage   6,423        

dealer, the dealer is not required to obtain an Ohio certificate   6,425        

of title or a salvage certificate of title to the motor vehicle    6,426        

in the dealer's own name if the dealer dismantles or destroys the  6,427        

motor vehicle, indicates the number of the dealer's motor vehicle  6,428        

salvage dealer's license thereon, marks "FOR DESTRUCTION" across   6,430        

the face of the certificate of title or salvage certificate of     6,431        

title, and surrenders the certificate of title or salvage          6,432        

certificate of title to the clerk of the court of common pleas as  6,433        

provided in division (A) of this section.  If the salvage dealer   6,434        

retains the motor vehicle for resale, the dealer shall make        6,435        

application for a salvage certificate of title to the motor                     

vehicle in the dealer's own name as provided in division (C)(1)    6,436        

                                                          149    

                                                                 
of this section.                                                   6,437        

      (C)(1)  When an insurance company declares it economically   6,439        

impractical to repair such a motor vehicle and has paid an agreed  6,440        

price for the purchase of the motor vehicle to any insured or      6,441        

claimant owner, the insurance company shall receive the            6,442        

certificate of title and the motor vehicle and, except as          6,443        

provided in division (C)(2) of this section, proceed as follows.   6,444        

Within thirty days the insurance company shall deliver the         6,445        

certificate of title to the clerk of the court of common pleas     6,446        

and shall make application for a salvage certificate of title.     6,447        

The clerk shall issue the salvage certificate of title on a form,  6,448        

prescribed by the registrar, that shall be easily distinguishable  6,450        

from the original certificate of title and shall bear the same     6,451        

number and information as the original certificate of title.  The  6,452        

salvage certificate of title shall be assigned by the insurance    6,453        

company to a salvage dealer or any other person for use as         6,454        

evidence of ownership upon the sale or other disposition of the    6,455        

motor vehicle, and the salvage certificate of title shall be       6,456        

transferrable to any other person.  The clerk shall charge a fee   6,457        

of four dollars for the cost of processing each salvage            6,458        

certificate of title.                                              6,459        

      (2)  If an insurance company considers a motor vehicle as    6,461        

described in division (C)(1) of this section to be impossible to   6,462        

restore for highway operation, the insurance company may assign    6,463        

the certificate of title to the motor vehicle to a salvage dealer  6,464        

or scrap metal processing facility and send the assigned           6,465        

certificate of title to the clerk of the court of common pleas of  6,466        

the county in which the salvage dealer or scrap metal processing   6,467        

facility is located.  The insurance company shall mark the face    6,468        

of the certificate of title "FOR DESTRUCTION" and shall deliver a  6,469        

photocopy of the certificate of title to the salvage dealer or     6,470        

scrap metal processing facility for its records.                   6,471        

      (3)  If an insurance company declares it economically        6,473        

impractical to repair a motor vehicle, agrees to pay to the        6,474        

                                                          150    

                                                                 
insured or claimant owner an amount in settlement of a claim       6,475        

against a policy of motor vehicle insurance covering the motor     6,476        

vehicle, and agrees to permit the insured or claimant owner to     6,477        

retain possession of the motor vehicle, the insurance company      6,478        

shall not pay the insured or claimant owner any amount in          6,479        

settlement of the insurance claim until the owner obtains a        6,480        

salvage certificate of title to the vehicle and furnishes a copy   6,481        

of the salvage certificate of title to the insurance company.      6,482        

      (D)  When a self-insured organization, rental or leasing     6,484        

company, or secured creditor becomes the owner of a motor vehicle  6,485        

that is burned, damaged, or dismantled and is determined to be     6,486        

economically impractical to repair, the self-insured               6,487        

organization, rental or leasing company, or secured creditor       6,488        

shall do one of the following:                                     6,489        

      (1)  Mark the face of the certificate of title to the motor  6,491        

vehicle "FOR DESTRUCTION" and surrender the certificate of title   6,492        

to the clerk of the court of common pleas for cancellation as      6,493        

described in division (A) of this section.  The self-insured       6,494        

organization, rental or leasing company, or secured creditor       6,495        

thereupon shall deliver the motor vehicle, together with a         6,496        

photocopy of the certificate of title, to a salvage dealer or      6,497        

scrap metal processing facility and shall cause the motor vehicle  6,498        

to be dismantled, flattened, crushed, or destroyed.                6,499        

      (2)  Obtain a salvage certificate of title to the motor      6,501        

vehicle in the name of the self-insured organization, rental or    6,502        

leasing company, or secured creditor, as provided in division      6,503        

(C)(1) of this section, and then sell or otherwise dispose of the  6,504        

motor vehicle.  If the motor vehicle is sold, the self-insured     6,505        

organization, rental or leasing company, or secured creditor       6,506        

shall obtain a salvage certificate of title to the motor vehicle   6,507        

in the name of the purchaser from the clerk of the court of        6,508        

common pleas of the county in which the purchaser resides.         6,509        

      (E)  If a motor vehicle titled with a salvage certificate    6,511        

of title is restored for operation upon the highways, application  6,512        

                                                          151    

                                                                 
shall be made to the clerk of the court of common pleas for a      6,513        

certificate of title.  Upon inspection by the state highway        6,514        

patrol, which shall include establishing proof of ownership and    6,515        

an inspection of the motor number and vehicle identification       6,516        

number of the motor vehicle and of documentation or receipts for   6,517        

the materials used in restoration by the owner of the motor        6,518        

vehicle being inspected, which documentation or receipts shall be  6,519        

presented at the time of inspection, the clerk, upon surrender of  6,520        

the salvage certificate of title, shall issue a certificate of     6,521        

title for a fee prescribed by the registrar.  The certificate of   6,522        

title shall be in the same form as the original certificate of     6,523        

title, shall bear the same number as the salvage certificate of    6,524        

title and the original certificate of title, and shall bear the    6,525        

words "REBUILT SALVAGE" in black boldface letters on its face.     6,526        

Every subsequent certificate of title, memorandum certificate of   6,527        

title, or duplicate certificate of title issued for the motor      6,529        

vehicle also shall bear the words "REBUILT SALVAGE" in black       6,531        

boldface letters on its face.  The exact location on the face of   6,532        

the certificate of title of the words "REBUILT SALVAGE" shall be   6,533        

determined by the registrar, who shall develop an automated        6,534        

procedure within the automated title processing system to comply   6,535        

with this division.  The clerk shall use reasonable care in        6,536        

performing the duties imposed on the clerk by this division in     6,537        

issuing a certificate of title pursuant to this division, but the  6,539        

clerk is not liable for any of the clerk's errors or omissions or  6,540        

those of the clerk's deputies, or the automated title processing   6,542        

system in the performance of those duties.  A fee of forty         6,543        

dollars in fiscal year 1998 and fifty dollars in fiscal year 1999  6,544        

and thereafter shall be assessed by the state highway patrol for   6,546        

each inspection made pursuant to this division and shall be        6,547        

deposited into the state highway safety fund established by        6,548        

section 4501.06 of the Revised Code.                                            

      (F)  No person shall operate upon the highways in this       6,550        

state a motor vehicle, title to which is evidenced by a salvage    6,551        

                                                          152    

                                                                 
certificate of title, except to deliver the motor vehicle          6,552        

pursuant to an appointment for an inspection under this section.   6,553        

      (G)  No motor vehicle the certificate of title to which has  6,555        

been marked "FOR DESTRUCTION" and surrendered to the clerk of the  6,556        

court of common pleas shall be used for anything except parts and  6,557        

scrap metal.                                                       6,558        

      (H)(1)  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, AN    6,561        

OWNER OF A MANUFACTURED OR MOBILE HOME THAT WILL BE TAXED AS REAL  6,562        

PROPERTY PURSUANT TO DIVISION (B) OF SECTION 4503.06 OF THE        6,564        

REVISED CODE, SHALL SURRENDER THE CERTIFICATE OF TITLE TO THE      6,566        

CLERK OF COURT OF COMMON PLEAS THAT ISSUED IT AS PROVIDED IN       6,567        

DIVISION (A) OF THIS SECTION.  AN OWNER WHOSE HOME QUALIFIES FOR   6,569        

REAL PROPERTY TAXATION UNDER DIVISION (B)(1) OF SECTION 4503.06    6,571        

OF THE REVISED CODE SHALL SURRENDER THE CERTIFICATE WITHIN         6,573        

FIFTEEN DAYS AFTER THE HOME MEETS THE CONDITIONS SPECIFIED IN      6,574        

THAT DIVISION.                                                                  

      (2)  IF THE CERTIFICATE OF TITLE FOR A MANUFACTURED OR       6,576        

MOBILE HOME THAT IS TO BE TAXED AS REAL PROPERTY IS HELD BY A      6,577        

LIENHOLDER, THE LIENHOLDER SHALL, PURSUANT TO DIVISION (A) OF      6,579        

THIS SECTION, SURRENDER THE CERTIFICATE OF TITLE TO THE CLERK OF   6,580        

THE COURT OF COMMON PLEAS THAT ISSUED IT.  THE LIENHOLDER SHALL    6,581        

SURRENDER THE CERTIFICATE WITHIN THIRTY DAYS AFTER BOTH OF THE     6,582        

FOLLOWING HAVE OCCURRED:                                           6,583        

      (a)  THE HOMEOWNER HAS PROVIDED WRITTEN NOTICE TO THE        6,586        

LIENHOLDER REQUESTING THAT THE CERTIFICATE OF TITLE BE                          

SURRENDERED TO THE CLERK OF COURT OF COMMON PLEAS THAT ISSUED IT;  6,588        

      (b)  THE HOMEOWNER HAS EITHER PAID THE LIENHOLDER THE        6,591        

REMAINING BALANCE OWED TO THE LIENHOLDER, OR, WITH THE                          

LIENHOLDER'S CONSENT, EXECUTED AND DELIVERED TO THE LIENHOLDER A   6,593        

MORTGAGE ON THE HOME AND LAND ON WHICH THE HOME IS SITED IN THE    6,594        

AMOUNT OF THE REMAINING BALANCE OWED TO THE LIENHOLDER.            6,595        

      (3)  UPON THE SURRENDER OF A CERTIFICATE OF TITLE, THE       6,597        

CLERK OF THE COURT SHALL CANCEL IT AS PROVIDED IN DIVISION (A) OF  6,599        

THIS SECTION.                                                                   

                                                          153    

                                                                 
      Sec. 4505.20.  (A)  Notwithstanding division (B) of section  6,606        

4505.18 or any other provision of Chapter 4505. or 4517. of the    6,607        

Revised Code, a secured party may designate any dealer to          6,608        

display, display for sale, or sell a manufactured OR MOBILE home   6,609        

if the manufactured home has come into the possession of that      6,610        

secured party by a default in the terms of a security instrument   6,611        

and the certificate of title remains in the name and possession    6,612        

of the secured party.                                              6,613        

      (B)  Notwithstanding division (B) of section 4505.18 or any  6,615        

other provision of Chapter 4505. or 4517. of the Revised Code,     6,616        

the owner of a recreational vehicle or a secured party of a        6,617        

recreational vehicle who has come into possession of the vehicle   6,618        

by a default in the terms of a security instrument, may designate  6,619        

any dealer to display, display for sale, or sell the vehicle       6,620        

while the certificate of title remains in the possession of the    6,621        

owner or secured party.  No dealer may display or offer for sale   6,622        

more than five recreational vehicles at any time under this        6,623        

division.  No dealer may display or offer for sale a recreational  6,624        

vehicle under this division unless the dealer maintains insurance  6,625        

or the bond of a surety company authorized to transact business    6,626        

within this state in an amount sufficient to satisfy the fair      6,627        

market value of the vehicle.                                       6,628        

      (C)  The registrar of motor vehicles may adopt rules in      6,630        

accordance with Chapter 119. of the Revised Code prescribing the   6,631        

maximum number of manufactured OR MOBILE homes that have come      6,632        

into the possession of a secured party by a default in the terms   6,633        

of a security instrument that any dealer may display or offer for  6,634        

sale at any time.  The registrar may adopt other reasonable rules  6,635        

regarding the resale of such manufactured homes, MOBILE HOMES,     6,637        

and recreational vehicles that he THE REGISTRAR considers          6,638        

necessary.                                                                      

      (D)  The secured party or owner shall provide the dealer     6,640        

with written authorization to display, display for sale, or sell   6,642        

the manufactured home, MOBILE HOME, or recreational vehicle.  The  6,643        

                                                          154    

                                                                 
dealer shall show and explain the written authorization to any     6,644        

prospective purchaser.  The written authorization shall contain    6,645        

the vehicle identification number, make, model, year of            6,646        

manufacture, and physical description of the manufactured home,    6,647        

MOBILE HOME, or recreational vehicle that is provided to the       6,649        

dealer.                                                                         

      (E)  As used in this section, "dealer" means a new motor     6,651        

vehicle dealer that is licensed under Chapter 4517. of the         6,654        

Revised Code.                                                                   

      Sec. 4511.701.  No person shall occupy any travel trailer    6,663        

or nonself-propelled manufactured OR MOBILE home while it is       6,665        

being used as a conveyance upon a street or highway.               6,666        

      Sec. 4517.01.  As used in sections 4517.01 to 4517.65 of     6,675        

the Revised Code:                                                  6,676        

      (A)  "Persons" includes individuals, firms, partnerships,    6,678        

associations, joint stock companies, corporations, and any         6,679        

combinations of individuals.                                       6,680        

      (B)  "Motor vehicle" means motor vehicle as defined in       6,682        

section 4501.01 of the Revised Code.                               6,683        

      (C)  "New motor vehicle" means a motor vehicle, the legal    6,685        

title to which has never been transferred by a manufacturer,       6,686        

remanufacturer, distributor, or dealer to an ultimate purchaser.   6,687        

      (D)  "Ultimate purchaser" means, with respect to any new     6,689        

motor vehicle, the first person, other than a dealer purchasing    6,690        

in the capacity of a dealer, who in good faith purchases such new  6,692        

motor vehicle for purposes other than resale.                      6,693        

      (E)  "Business" includes any activities engaged in by any    6,695        

person for the object of gain, benefit, or advantage either        6,696        

direct or indirect.                                                6,697        

      (F)  "Engaging in business" means commencing, conducting,    6,699        

or continuing in business, or liquidating a business when the      6,700        

liquidator thereof holds self out to be conducting such business;  6,703        

making a casual sale or otherwise making transfers in the          6,704        

ordinary course of business when the transfers are made in                      

                                                          155    

                                                                 
connection with the disposition of all or substantially all of     6,705        

the transferor's assets is not engaging in business.               6,706        

      (G)  "Retail sale" or "sale at retail" means the act or      6,708        

attempted act of selling, bartering, exchanging, or otherwise      6,709        

disposing of a motor vehicle to an ultimate purchaser for use as   6,710        

a consumer.                                                        6,711        

      (H)  "Retail installment contract" includes any contract in  6,713        

the form of a note, chattel mortgage, conditional sales contract,  6,714        

lease, agreement, or other instrument payable in one or more       6,715        

installments over a period of time and arising out of the retail   6,716        

sale of a motor vehicle.                                           6,717        

      (I)  "Farm machinery" means all machines and tools used in   6,719        

the production, harvesting, and care of farm products.             6,720        

      (J)  "Dealer" or "motor vehicle dealer" means any new motor  6,722        

vehicle dealer, any motor vehicle leasing dealer, and any used     6,723        

motor vehicle dealer.                                              6,724        

      (K)  "New motor vehicle dealer" means any person engaged in  6,726        

the business of selling at retail, displaying, offering for sale,  6,727        

or dealing in new motor vehicles pursuant to a contract or         6,728        

agreement entered into with the manufacturer, remanufacturer, or   6,729        

distributor of the motor vehicles.                                 6,730        

      (L)  "Used motor vehicle dealer" means any person engaged    6,732        

in the business of selling, displaying, offering for sale, or      6,733        

dealing in used motor vehicles, at retail or wholesale, but does   6,734        

not mean any new motor vehicle dealer selling, displaying,         6,735        

offering for sale, or dealing in used motor vehicles incidentally  6,736        

to engaging in the business of selling, displaying, offering for   6,737        

sale, or dealing in new motor vehicles, any person engaged in the  6,738        

business of dismantling, salvaging, or rebuilding motor vehicles   6,739        

by means of using used parts, or any public officer performing     6,740        

official duties.                                                   6,741        

      (M)  "Motor vehicle leasing dealer" means any person         6,743        

engaged in the business of regularly making available, offering    6,744        

to make available, or arranging for another person to use a motor  6,745        

                                                          156    

                                                                 
vehicle pursuant to a bailment, lease, or other contractual        6,746        

arrangement under which a charge is made for its use at a          6,747        

periodic rate for a term of thirty days or more, and title to the  6,748        

motor vehicle is in a person other than the user, but does not     6,749        

mean a manufacturer or its affiliate leasing to its employees or   6,750        

to dealers.                                                        6,751        

      (N)  "Salesperson" means any person employed by a dealer or  6,753        

manufactured home broker to sell, display, and offer for sale, or  6,754        

deal in motor vehicles for a commission, compensation, or other    6,756        

valuable consideration, but does not mean any public officer       6,757        

performing official duties.                                                     

      (O)  "Casual sale" means any transfer of a motor vehicle by  6,759        

a person other than a new motor vehicle dealer, used motor         6,760        

vehicle dealer, motor vehicle salvage dealer, as defined in        6,761        

division (A) of section 4738.01 of the Revised Code, salesperson,  6,762        

motor vehicle auction owner, manufacturer, or distributor acting   6,763        

in the capacity of a dealer, salesperson, auction owner,           6,764        

manufacturer, or distributor, to a person who purchases the motor  6,765        

vehicle for use as a consumer.                                     6,766        

      (P)  "Motor vehicle show" means a display of current models  6,768        

of motor vehicles whereby the primary purpose is the exhibition    6,769        

of competitive makes and models in order to provide the general    6,770        

public the opportunity to review and inspect various makes and     6,771        

models of motor vehicles at a single location.                     6,772        

      (Q)  "Motor vehicle auction owner" means any person who is   6,774        

engaged wholly or in part in the business of auctioning motor      6,775        

vehicles.                                                          6,776        

      (R)  "Manufacturer" means a person who manufactures,         6,778        

assembles, or imports motor vehicles, including motor homes, but   6,779        

does not mean a person who only assembles or installs a body,      6,780        

special equipment unit, finishing trim, or accessories on a motor  6,781        

vehicle chassis supplied by a manufacturer or distributor.         6,782        

      (S)  "Tent-type fold out camping trailer" means any vehicle  6,784        

intended to be used, when stationary, as a temporary shelter with  6,785        

                                                          157    

                                                                 
living and sleeping facilities, and which is subject to the        6,786        

following properties and limitations:                              6,787        

      (1)  A minimum of twenty-five per cent of the fold out       6,789        

portion of the top and sidewalls combined must be constructed of   6,790        

canvas, vinyl, or other fabric, and form an integral part of the   6,791        

shelter.                                                           6,792        

      (2)  When folded, the unit must not exceed:                  6,794        

      (a)  Fifteen feet in length, exclusive of bumper and         6,796        

tongue;                                                            6,797        

      (b)  Sixty inches in height from the point of contact with   6,799        

the ground;                                                        6,800        

      (c)  Eight feet in width;                                    6,802        

      (d)  One ton gross weight at time of sale.                   6,804        

      (T)  "Distributor" means any person authorized by a motor    6,806        

vehicle manufacturer to distribute new motor vehicles to licensed  6,807        

new motor vehicle dealers, but does not mean a person who only     6,808        

assembles or installs a body, special equipment unit, finishing    6,809        

trim, or accessories on a motor vehicle chassis supplied by a      6,810        

manufacturer or distributor.                                       6,811        

      (U)  "Flea market" means a market place, other than a        6,813        

dealer's location licensed under this chapter, where a space or    6,814        

location is provided for a fee or compensation to a seller to      6,815        

exhibit and offer for sale or trade, motor vehicles to the         6,816        

general public.                                                    6,817        

      (V)  "Franchise" means any written agreement, contract, or   6,819        

understanding between any motor vehicle manufacturer or            6,820        

remanufacturer engaged in commerce and any motor vehicle dealer,   6,821        

which purports to fix the legal rights and liabilities of the      6,822        

parties to such agreement, contract, or understanding.             6,823        

      (W)  "Franchisee" means a person who receives new motor      6,825        

vehicles from the franchisor under a franchise agreement and who   6,826        

offers, sells, and provides service for such new motor vehicles    6,827        

to the general public.                                             6,828        

      (X)  "Franchisor" means a new motor vehicle manufacturer,    6,830        

                                                          158    

                                                                 
remanufacturer, or distributor who supplies new motor vehicles     6,831        

under a franchise agreement to a franchisee.                       6,832        

      (Y)  "Dealer organization" means a state or local trade      6,834        

association the membership of which is comprised predominantly of  6,835        

new motor vehicle dealers.                                         6,836        

      (Z)  "Factory representative" means a representative         6,838        

employed by a manufacturer, remanufacturer, or by a factory        6,839        

branch primarily for the purpose of promoting the sale of its      6,840        

motor vehicles, parts, or accessories to dealers or for            6,841        

supervising or contacting its dealers or prospective dealers.      6,842        

      (AA)  "Administrative or executive management" means those   6,844        

individuals who are not subject to federal wage and hour laws.     6,845        

      (BB)  "Good faith" means honesty in the conduct or           6,847        

transaction concerned and the observance of reasonable commercial  6,848        

standards of fair dealing in the trade as is defined in division   6,849        

(S) of section 1301.01 of the Revised Code, including, but not     6,850        

limited to, the duty to act in a fair and equitable manner so as   6,851        

to guarantee freedom from coercion, intimidation, or threats of    6,852        

coercion or intimidation; provided however, that recommendation,   6,853        

endorsement, exposition, persuasion, urging, or argument shall     6,854        

not be considered to constitute a lack of good faith.              6,855        

      (CC)  "Coerce" means to compel or attempt to compel by       6,857        

failing to act in good faith or by threat of economic harm,        6,858        

breach of contract, or other adverse consequences.  Coerce does    6,859        

not mean to argue, urge, recommend, or persuade.                   6,860        

      (DD)  "Relevant market area" means any area within a radius  6,862        

of ten miles from the site of a potential new dealership, except   6,863        

that for manufactured home or recreational vehicle dealerships     6,864        

the radius shall be twenty-five miles.                             6,865        

      (EE)  "Wholesale" or "at wholesale" means the act or         6,867        

attempted act of selling, bartering, exchanging, or otherwise      6,868        

disposing of a motor vehicle to a transferee for the purpose of    6,869        

resale and not for ultimate consumption by that transferee.        6,870        

      (FF)  "Motor vehicle wholesaler" means any person licensed   6,872        

                                                          159    

                                                                 
as a dealer under the laws of another state and engaged in the     6,874        

business of selling, displaying, or offering for sale used motor   6,875        

vehicles, at wholesale, but does not mean any motor vehicle                     

dealer as defined in this section.                                 6,876        

      (GG)  "Remanufacturer" means a person who assembles or       6,878        

installs passenger seating, walls, a roof elevation, or a body     6,879        

extension on a conversion van with the motor vehicle chassis       6,880        

supplied by a manufacturer or distributor, or a person who         6,882        

modifies a truck chassis supplied by a manufacturer or             6,883        

distributor for use as a public safety or public service vehicle   6,884        

but does not mean either of the following:                                      

      (1)  A person who assembles or installs passenger seating,   6,886        

walls, a roof elevation, or a body extension on a manufactured     6,887        

home as defined in division (C)(4) OF SECTION 3781.06 OF THE       6,888        

REVISED CODE, A MOBILE HOME AS DEFINED IN DIVISION (O) and         6,889        

referred to in division (B) of section 4501.01 of the Revised      6,890        

Code, or a recreational vehicle as defined in division (Q) and     6,891        

referred to in division (B) of section 4501.01 of the Revised      6,892        

Code;                                                                           

      (2)  A person who assembles or installs special equipment    6,894        

or accessories for handicapped persons, as defined in section      6,895        

4503.44 of the Revised Code, upon a motor vehicle chassis          6,896        

supplied by a manufacturer or distributor.                         6,897        

      For purposes of division (GG) of this section, "public       6,899        

safety vehicle or public service vehicle" means a fire truck,      6,900        

ambulance, school bus, street sweeper, garbage packing truck, or   6,901        

cement mixer.                                                                   

      (HH)  "Operating as a new motor vehicle dealership" means    6,903        

engaging in activities such as displaying, offering for sale, and  6,904        

selling new motor vehicles at retail, operating a service          6,905        

facility to perform repairs and maintenance on motor vehicles,     6,906        

offering for sale and selling motor vehicle parts at retail, and   6,907        

conducting all other acts that are usual and customary to the      6,908        

operation of a new motor vehicle dealership.  For purposes of      6,909        

                                                          160    

                                                                 
this chapter only, possession of either a valid new motor vehicle  6,910        

dealer franchise agreement or a new motor vehicle dealers          6,911        

license, or both of these items, is not evidence that a person is  6,912        

operating as a new motor vehicle dealership.                       6,913        

      (II)  "Manufactured home broker" means any person acting as  6,915        

a selling agent on behalf of an owner of a manufactured home that  6,916        

is subject to taxation under section 4503.06 of the Revised Code.  6,917        

      Sec. 4517.03.  (A)  A place of business that is used for     6,926        

selling, displaying, offering for sale, or dealing in motor        6,927        

vehicles shall be considered as used exclusively for those         6,928        

purposes even though snowmobiles, all purpose vehicles, or farm    6,929        

machinery is sold or displayed there, or if repair, accessory,     6,930        

gasoline and oil, storage, parts, service, or paint departments    6,932        

are maintained there, or such products or services are provided    6,933        

there, if the departments are operated or the products or          6,935        

services are provided for the business of selling, displaying,     6,936        

offering for sale, or dealing in motor vehicles.  Places of        6,937        

business or departments in a place of business used to dismantle,  6,938        

salvage, or rebuild motor vehicles by means of using used parts,   6,939        

are not considered as being maintained for the purpose of          6,940        

assisting or furthering the selling, displaying, offering for      6,941        

sale, or dealing in motor vehicles.                                6,942        

      (B)  No new motor vehicle dealer shall sell, display, offer  6,944        

for sale, or deal in motor vehicles at any place except an         6,945        

established place of business that is used exclusively for the     6,946        

purpose of selling, displaying, offering for sale, or dealing in   6,947        

motor vehicles and has.  THE PLACE OF BUSINESS SHALL HAVE space,   6,949        

under roof, for the display of at least one new motor vehicle and  6,950        

facilities and space therewith for the inspection, servicing, and  6,951        

repair of at least one motor vehicle; except that a new motor      6,952        

vehicle dealer selling manufactured OR MOBILE homes is exempt      6,953        

from the requirement that his A place of business have space,      6,955        

under roof, for the display of at least one new motor vehicle and  6,956        

facilities and space therewith for the inspection, servicing, and  6,957        

                                                          161    

                                                                 
repair of at least one motor vehicle.                                           

      Nothing contained in Chapter 4517. of the Revised Code       6,959        

shall be construed as prohibiting the sale of a manufactured OR    6,960        

MOBILE home located in a  manufactured home park by a licensed     6,962        

motor vehicle dealer who is the owner of the manufactured home     6,963        

park.                                                                           

      (C)  No used motor vehicle dealer shall sell, display,       6,965        

offer for sale, or deal in motor vehicles at any place except an   6,966        

established place of business that is used exclusively for the     6,967        

purpose of selling, displaying, offering for sale, or dealing in   6,968        

motor vehicles.                                                    6,969        

      (D)  No motor vehicle leasing dealer shall make a motor      6,971        

vehicle available for use by another, in the manner described in   6,972        

division (M) of section 4517.01 of the Revised Code, at any place  6,973        

except an established place of business that is used for leasing   6,974        

motor vehicles; except that a motor vehicle leasing dealer who is  6,975        

also a new motor vehicle dealer or used motor vehicle dealer may   6,976        

lease motor vehicles at the same place of business at which the    6,977        

dealer sells, offers for sale, or deals in new or used motor       6,978        

vehicles.                                                                       

      (E)  No motor vehicle leasing dealer or motor vehicle        6,980        

renting dealer as defined in section 4549.65 of the Revised Code   6,981        

shall sell a motor vehicle within ninety days after a certificate  6,982        

of title to the motor vehicle is issued to the dealer, except      6,983        

when a salvage certificate of title is issued to replace the       6,984        

original certificate of title.                                     6,985        

      (F)  No distributor shall distribute new motor vehicles to   6,987        

new motor vehicle dealers at any place except an established       6,988        

place of business that is used exclusively for the purpose of      6,989        

distributing new motor vehicles to new motor vehicle dealers;      6,990        

except that a distributor who is also a new motor vehicle dealer   6,991        

may distribute new motor vehicles at the same place of business    6,992        

at which the distributor sells, displays, offers for sale, or      6,993        

deals in new motor vehicles.                                       6,995        

                                                          162    

                                                                 
      (G)  No person, firm, or corporation that sells, displays,   6,997        

or offers for sale tent-type fold out camping trailers is subject  6,998        

to the requirement that the person's, firm's, or corporation's     6,999        

place of business be used exclusively for the purpose of selling,  7,001        

displaying, offering for sale, or dealing in motor vehicles.  No   7,002        

person, firm, or corporation that sells, displays, or offers for   7,003        

sale tent-type fold-out camping trailers, trailers, or             7,004        

semitrailers is subject to the requirement that the person's,      7,005        

firm's, or corporation's place of business have space, under       7,006        

roof, for the display of at least one new motor vehicle and        7,007        

facilities and space therewith for the inspection, servicing, and  7,008        

repair of at least one motor vehicle.                                           

      (H)  No manufactured OR MOBILE home broker shall engage in   7,010        

the business of brokering manufactured homes at any place except   7,012        

an established place of business that is used exclusively for the  7,013        

purpose of brokering manufactured homes.                                        

      (I)  Nothing in this section shall be construed to prohibit  7,015        

persons licensed under this chapter from making sales calls.       7,016        

      Sec. 4517.30.  The motor vehicle dealers board shall         7,025        

consist of eleven members.  The registrar of motor vehicles or     7,026        

his THE REGISTRAR'S designee shall be a member of the board, and   7,027        

the other ten members shall be appointed by the governor with the  7,029        

advice and consent of the senate.  Not more than five of the ten   7,030        

members other than the registrar shall be of any one political     7,031        

party, and of the ten:                                             7,032        

      (A)  Three shall represent the public and shall not have     7,034        

engaged in the business of selling motor vehicles at retail in     7,035        

this state;                                                        7,036        

      (B)  Five shall have been engaged in the business of         7,038        

selling motor vehicles at retail in this state for at least five   7,039        

years and have been engaged in such business within two years      7,040        

prior to the date of their appointment.  Of these five:            7,041        

      (1)  Three shall have been engaged in the sale of new motor  7,043        

vehicles;                                                          7,044        

                                                          163    

                                                                 
      (2)  One shall have been engaged in the business of selling  7,046        

manufactured homes, MOBILE HOMES, or recreational vehicles at      7,047        

retail;                                                            7,048        

      (3)  One shall have been engaged in the sale of used motor   7,050        

vehicles.                                                          7,051        

      (C)  Two shall have been engaged in the leasing of motor     7,053        

vehicles.                                                          7,054        

      Terms of office of the ten members appointed by the          7,056        

governor shall be for three years, commencing on the fifth day of  7,057        

October and ending on the fourth day of October.  Each member      7,058        

shall hold office from the date of his THE MEMBER'S appointment    7,059        

until the end of the term for which he THE MEMBER was appointed.   7,061        

Any member appointed to fill a vacancy occurring prior to the      7,063        

expiration of the term for which his THE MEMBER'S predecessor was  7,064        

appointed shall hold office for the remainder of such term.  Any   7,066        

appointed member shall continue in office subsequent to the        7,067        

expiration date of his THE MEMBER'S term until his A successor     7,069        

takes office, or until a period of sixty days has elapsed,         7,070        

whichever occurs first.  Annually the board shall organize by      7,071        

selecting from its members a president.  Each appointed member of  7,072        

the board shall receive an amount fixed in accordance with         7,073        

division (J) of section 124.15 of the Revised Code, and shall be   7,074        

reimbursed for the actual and necessary expenses incurred in the   7,075        

discharge of his THE MEMBER'S official duties.                     7,076        

      Sec. 4703.18.  (A)  No person shall enter upon the practice  7,085        

of architecture or hold himself or herself forth as an architect   7,086        

or registered architect, unless the person has complied with       7,087        

sections 4703.01 to 4703.19 of the Revised Code and is the holder  7,089        

of a certificate of qualification to practice architecture issued  7,090        

or renewed and registered under those sections.                    7,091        

      (B)  Sections 4703.01 to 4703.19 of the Revised Code do not  7,093        

prevent persons other than architects from filing applications     7,094        

for building permits or obtaining those permits.                   7,095        

      (C)  Sections 4703.01 to 4703.19 of the Revised Code do not  7,098        

                                                          164    

                                                                 
prevent persons other than architects from preparing plans,        7,099        

drawings, specifications, or data, filing applications for         7,100        

building permits, or obtaining those permits for buildings or                   

structures subject to the requirements of section 3781.181 of the  7,101        

Revised Code, exempted from the requirements of sections 3781.06   7,102        

to 3781.18 and 3791.04 of the Revised Code, or erected as          7,103        

industrialized one-, two-, or three-family units or structures     7,105        

within the meaning of the term "industrialized unit" as provided   7,106        

in section 3781.10 3781.06 of the Revised Code.                                 

      (D)  Sections 4703.01 to 4703.19 of the Revised Code do not  7,108        

prevent persons other than architects from preparing drawings or   7,110        

data, from filing applications for building permits, or from       7,111        

obtaining those permits for the installation of replacement        7,112        

equipment or systems that are similar in type or capacity to the   7,113        

equipment or systems being replaced, and for any improvement,      7,114        

alteration, repair, painting, decorating, or other modification    7,115        

of any buildings or structures subject to sections 3781.06 to                   

3781.18 and 3791.04 of the Revised Code where the building         7,116        

official determines that no plans or specifications are required   7,118        

for approval.                                                                   

      (E)  Sections 4703.01 to 4703.19 of the Revised Code do not  7,120        

exclude a registered professional engineer from architectural      7,121        

practice that may be incident to the practice of his or her        7,122        

engineering profession or exclude a registered architect from      7,124        

engineering practice that may be incident to the practice of       7,125        

architecture.                                                                   

      (F)  Sections 4703.01 to 4703.19 of the Revised Code do not  7,127        

prevent a firm, partnership, association, limited liability        7,128        

company, or corporation of architects registered under those       7,129        

sections from providing architectural services and do not prevent  7,130        

an individual registered as a landscape architect under sections   7,131        

4703.30 to 4703.49 of the Revised Code or as a professional        7,132        

engineer under sections Chapter 4733. of the Revised Code from     7,134        

being a member of a firm, partnership, association, limited                     

                                                          165    

                                                                 
liability company, or corporation of that type, but a member of    7,135        

that type shall not engage in the practice of architecture or      7,136        

hold himself or herself forth as an architect contrary to          7,137        

sections 4703.01 to 4703.19 of the Revised Code and shall not      7,138        

practice a profession in which the person is not licensed.         7,139        

      (G)  A firm, partnership, association, limited liability     7,141        

company, or corporation may provide architectural services in      7,142        

this state as long as the services are provided only through       7,143        

natural persons registered to provide those services in this       7,144        

state, subject to the exemptions in section 4703.17 of the         7,145        

Revised Code and subject otherwise to the requirements of          7,146        

sections 4703.01 to 4703.19 of the Revised Code.                   7,147        

      (H)  No firm, partnership, association, limited liability    7,149        

company, or corporation, except a corporation that was granted a   7,150        

charter prior to August 7, 1943, to engage in providing            7,151        

architectural services or that was otherwise lawfully providing    7,152        

architectural services prior to November 15, 1982, shall provide   7,153        

architectural services, hold itself out to the public as           7,154        

providing architectural services, or use a name including the      7,155        

word "architect" or any modification or derivation of the word,    7,156        

unless the firm, partnership, association, limited liability       7,157        

company, or corporation files all information required to be       7,158        

filed under this section with the state board of examiners of      7,159        

architects and otherwise complies with all requirements of         7,160        

sections 4703.01 to 4703.19 of the Revised Code.  A nonprofit      7,161        

membership corporation may use a name including the word           7,162        

"architect" or any modification or derivation of the word without  7,163        

complying with this section.                                       7,164        

      (I)  A corporation may be organized under Chapter 1701. of   7,166        

the Revised Code, a professional association may be organized      7,167        

under Chapter 1785. of the Revised Code, or a limited liability    7,168        

company may be formed under Chapter 1705. of the Revised Code for  7,169        

the purpose of providing professional engineering, surveying,      7,170        

architectural, or landscape architectural services, or any         7,171        

                                                          166    

                                                                 
combination of those services.  A corporation organized under      7,172        

Chapter 1701. of the Revised Code for the purpose of providing     7,173        

those services also may be organized for any other purpose in      7,174        

accordance with that chapter.                                      7,175        

      (J)  No firm, partnership, association, limited liability    7,177        

company, or corporation shall provide or offer to provide          7,178        

architectural services in this state unless more than fifty per    7,179        

cent of the partners, members, or shareholders, more than fifty    7,180        

per cent of the directors in the case of a corporation or          7,181        

professional association, and more than fifty per cent of the      7,182        

managers in the case of a limited liability company the            7,183        

management of which is not reserved to its members, are            7,184        

professional engineers, surveyors, architects, or landscape        7,185        

architects or a combination of those professions, who are          7,186        

registered in this state and who own more than fifty per cent of   7,187        

the interests in the firm, partnership, association, limited       7,188        

liability company, or corporation; unless the requirements of      7,189        

this division and of section 1785.02 of the Revised Code are       7,190        

satisfied with respect to any professional association organized   7,191        

under Chapter 1785. of the Revised Code; or unless the             7,192        

requirements of this division and of Chapter 1705. of the Revised  7,193        

Code are satisfied with respect to a limited liability company     7,194        

formed under that chapter.                                         7,195        

      (K)  Each firm, partnership, association, limited liability  7,197        

company, or corporation through which architectural services are   7,198        

offered or provided in this state shall designate one or more      7,199        

partners, managers, members, officers, or directors as being in    7,200        

responsible charge of the professional architectural activities    7,201        

and decisions, and those designated persons shall be registered    7,202        

in this state.  In the case of a corporation holding a             7,203        

certificate of authorization provided for in division (L) of this  7,204        

section, at least one of the persons so designated shall be a      7,205        

director of the corporation.  Each firm, partnership,              7,206        

association, limited liability company, or corporation of that     7,207        

                                                          167    

                                                                 
type shall annually file with the state board of examiners of      7,208        

architects the name and address of each partner, manager,          7,209        

officer, director, member, or shareholder, and each firm,          7,210        

partnership, association, limited liability company, or            7,211        

corporation of that type shall annually file with the board the    7,212        

name and address of all persons designated as being in             7,213        

responsible charge of the professional architectural activities    7,214        

and decisions and any other information the board may require.     7,215        

If there is a change in any such person in the interval between    7,216        

filings, the change shall be filed with the board in the manner    7,217        

and within the time that the board determines.                     7,218        

      (L)  No corporation organized under Chapter 1701. of the     7,220        

Revised Code shall engage in providing architectural services in   7,221        

this state without obtaining a certificate of authorization from   7,222        

the state board of examiners of architects.  A corporation         7,223        

desiring a certificate of authorization shall file with the board  7,224        

a copy of its articles of incorporation and a listing on the form  7,225        

that the board directs of the names and addresses of all           7,226        

officers, directors, and shareholders of the corporation, the      7,227        

names and addresses of any individuals providing professional      7,228        

services on behalf of the corporation who are registered to        7,229        

practice architecture in this state, and any other information     7,230        

the board requires.  If all requirements of sections 4703.01 to    7,231        

4703.19 of the Revised Code are met, the board may issue a         7,232        

certificate of authorization to the corporation.  No certificate   7,233        

of authorization shall be issued unless persons owning more than   7,234        

fifty per cent of the corporation's shares and more than fifty     7,235        

per cent of the interests in the corporation are professional      7,236        

engineers, surveyors, architects, or landscape architects, or a    7,237        

combination of those professions, who are registered in this       7,238        

state.  Any corporation that holds a certificate of authorization  7,239        

under this section and otherwise meets the requirements of         7,240        

sections 4703.01 to 4703.19 of the Revised Code may be organized   7,241        

for any purposes for which corporations may be organized under     7,242        

                                                          168    

                                                                 
Chapter 1701. of the Revised Code and shall not be limited to the  7,243        

purposes of providing professional engineering, surveying,         7,244        

architectural, or landscape architectural services or any          7,245        

combination of those professions.  The board, by rules adopted in  7,246        

accordance with Chapter 119. of the Revised Code, may require any  7,247        

firm, partnership, association, or limited liability company not   7,248        

organized under Chapter 1701. of the Revised Code that provides    7,249        

architectural services to obtain a certificate of authorization.   7,250        

If the board so requires, no firm, partnership, association, or    7,251        

limited liability company shall engage in providing architectural  7,252        

services without obtaining the certificate and complying with the  7,253        

rules.                                                             7,254        

      (M)  This section does not modify any law applicable to the  7,256        

relationship between a person furnishing a professional service    7,257        

and a person receiving that service, including liability arising   7,258        

out of that service.                                               7,259        

      (N)  Nothing in this section shall restrict or limit in any  7,261        

manner the authority or duty of the state board of examiners of    7,262        

architects with respect to natural persons providing professional  7,263        

services or any law or rule pertaining to standards of             7,264        

professional conduct.                                              7,265        

      Sec. 4733.18.  (A)  The state board of registration for      7,274        

professional engineers and surveyors may issue temporary           7,275        

certification to individuals under the following conditions and    7,276        

qualifications:                                                    7,277        

      (1)  A person not a resident of and having no established    7,279        

place of business in this state, practicing or offering to         7,280        

practice the profession of engineering or surveying in Ohio, when  7,281        

such practice does not exceed sixty continuous calendar days in    7,282        

any calendar year; provided such person is legally qualified by    7,283        

registration to practice the said profession in the person's own   7,285        

state in which the requirements and qualifications for obtaining   7,286        

a certificate of registration are not lower than those specified   7,287        

in this chapter.  The board shall establish the fee for a          7,288        

                                                          169    

                                                                 
temporary certificate of registration issued under division        7,289        

(A)(1) of this section.                                            7,290        

      (2)  A person not a resident of and having no established    7,292        

place of business in this state, or who has recently become a      7,293        

resident thereof, practicing or offering to practice herein for    7,294        

more than sixty days in any calendar year the profession of        7,295        

engineering or surveying, if the person has filed with the state   7,297        

board of registration for professional engineers and surveyors an  7,298        

application for a certificate of registration and has paid the     7,299        

required fee, such temporary certificate of registration to        7,300        

continue only for such time as the board requires for the          7,301        

consideration of the application for registration; provided such   7,302        

a person is legally qualified to practice that profession in the   7,304        

person's own state in which the requirements and qualifications                 

for obtaining a certificate of registration are not lower than     7,305        

those specified in sections 4733.01 to 4733.23 of the Revised      7,306        

Code;                                                                           

      (B)  The following persons are exempt from sections 4733.01  7,308        

to 4733.21 of the Revised Code:                                    7,309        

      (1)  An employee or a subordinate of a person holding a      7,311        

certificate of registration or an employee of a person holding     7,312        

temporary certification under division (A)(1) of this section or   7,313        

exempted from registration by division (A)(2) of this section;     7,314        

provided the employee's or subordinate's duties do not include     7,316        

responsible charge of engineering or surveying work;               7,317        

      (2)  Officers and employees of the government of the United  7,319        

States while engaged within this state in the practice of          7,320        

engineering or surveying, for that government;                     7,321        

      (3)  An engineer engaged solely as an officer of a           7,323        

privately owned public utility.                                    7,324        

      (4)  This chapter does not require registration for the      7,326        

purpose of practicing professional engineering, or professional    7,327        

surveying by an individual, firm, or corporation on property       7,328        

owned or leased by that individual, firm, or corporation unless    7,329        

                                                          170    

                                                                 
the same involves the public welfare or the safeguarding of life,  7,330        

health or property or for the performance of engineering or        7,331        

surveying which relates solely to the design or fabrication of     7,332        

manufactured products.                                             7,333        

      (C)  Nothing in this chapter prevents persons other than     7,335        

engineers from preparing plans, drawings, specifications, or       7,336        

data, from filing applications for building permits, or from       7,337        

obtaining those permits for buildings or structures that are       7,338        

exempted from the requirements of sections 3781.06 to 3781.18 and  7,339        

3791.04 of the Revised Code, that are subject to the requirements  7,340        

of section 3781.181 of the Revised Code, that are erected as       7,341        

one-, two-, or three-family units or structures within the         7,343        

meaning of the term "industrialized unit" as provided in section   7,344        

3781.10 3781.06 of the Revised Code.                                            

      (D)  Nothing in this chapter prevents persons other than     7,346        

engineers from preparing drawings or data, from filing             7,347        

applications for building permits, or from obtaining those         7,348        

permits for the installation of replacement equipment or systems   7,349        

that are similar in type or capacity to the equipment or systems   7,350        

being replaced, and for any improvement, alteration, repair,       7,351        

painting, decorating, or other modification of any buildings or    7,352        

structures subject to sections 3781.06 to 3781.18 and 3791.04 of   7,353        

the Revised Code where the building official determines that no                 

plans or specifications are required for approval.                 7,354        

      Sec. 4905.90.  As used in sections 4905.90 to 4905.96 of     7,363        

the Revised Code:                                                  7,364        

      (A)  "Contiguous property" includes, but is not limited to,  7,366        

a manufactured home park as defined in section 3733.01 of the      7,367        

Revised Code; a public or publicly subsidized housing project; an  7,368        

apartment complex; a condominium complex; a college or             7,369        

university; an office complex; a shopping center; a hotel; an      7,370        

industrial park; and a race track.                                 7,371        

      (B)  "Gas" means:                                            7,373        

      (1)  Natural gas, synthetic natural gas, or a mixture of     7,375        

                                                          171    

                                                                 
those gases;                                                       7,376        

      (2)  Petroleum gas when used in the transmission or          7,378        

distribution system of a natural gas or gas company.               7,379        

      (C)  "Gathering lines" and the "gathering of gas" have the   7,381        

same meaning as in the Natural Gas Pipeline Safety Act and the     7,382        

rules adopted by the United States department of transportation    7,383        

pursuant to the Natural Gas Pipeline Safety Act, including 49      7,384        

C.F.R. part 192, as amended.                                       7,385        

      (D)  "Intrastate pipe-line transportation" has the same      7,387        

meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as       7,388        

amended, but excludes the gathering of gas exempted by the         7,389        

Natural Gas Pipeline Safety Act.                                   7,390        

      (E)  "Master-meter system" means a pipe-line system that     7,392        

distributes gas within a contiguous property for which the system  7,393        

operator purchases gas for resale to consumers, including          7,394        

tenants.  Such pipe-line system supplies consumers who purchase    7,395        

the gas directly through a meter, or by paying rent, or by other   7,396        

means.  The term includes a master-meter system as defined in 49   7,397        

C.F.R. 191.3, as amended.  The term excludes a pipeline within a   7,398        

manufactured home, MOBILE HOME, or a building.                     7,399        

      (F)  "Natural Gas Pipeline Safety Act" means the "Natural    7,401        

Gas Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App.   7,402        

1671 et seq., as amended.                                          7,403        

      (G)  "Operator" means any of the following:                  7,405        

      (1)  A gas company or natural gas company as defined in      7,407        

section 4905.03 of the Revised Code, except that division (A)(6)   7,408        

of that section does not authorize the public utilities            7,409        

commission to relieve any producer of gas, as a gas company or     7,410        

natural gas company, of compliance with sections 4905.90 to        7,411        

4905.96 of the Revised Code or the pipe-line safety code created   7,412        

under section 4905.91 of the Revised Code;                         7,413        

      (2)  A pipe-line company, as defined in section 4905.03 of   7,415        

the Revised Code, when engaged in the business of transporting     7,416        

gas by pipeline;                                                   7,417        

                                                          172    

                                                                 
      (3)  A public utility that is excepted from the definition   7,419        

of "public utility" under division (B) or (C) of section 4905.02   7,420        

of the Revised Code, when engaged in supplying or transporting     7,421        

gas by pipeline within this state;                                 7,422        

      (4)  Any person that owns, operates, manages, controls, or   7,424        

leases any of the following:                                       7,425        

      (a)  Intrastate pipe-line transportation facilities within   7,427        

this state;                                                        7,428        

      (b)  Gas gathering lines within this state which are not     7,430        

exempted by the Natural Gas Pipeline Safety Act;                   7,431        

      (c)  A master-meter system within this state.                7,433        

      "Operator" does not include an ultimate consumer who owns a  7,435        

service line, as defined in 49 C.F.R. 192.3, as amended, on the    7,436        

real property of that ultimate consumer.                           7,437        

      (H)  "Operator of a master-meter system" means a person      7,439        

described under division (F)(4)(c) of this section.  An operator   7,440        

of a master-meter system is not a public utility under section     7,441        

4905.02 or a gas or natural gas company under section 4905.03 of   7,442        

the Revised Code.                                                  7,443        

      (I)  "Person" means:                                         7,445        

      (1)  In addition to those defined in division (C) of         7,447        

section 1.59 of the Revised Code, a joint venture or a municipal   7,448        

corporation;                                                       7,449        

      (2)  Any trustee, receiver, assignee, or personal            7,451        

representative of persons defined in division (H)(1) of this       7,452        

section.                                                           7,453        

      (J)  "Safety audit" means the public utilities commission's  7,455        

audit of the premises, pipe-line facilities, and the records,      7,456        

maps, and other relevant documents of a master-meter system to     7,457        

determine the operator's compliance with sections 4905.90 to       7,458        

4905.96 of the Revised Code and the pipe-line safety code.         7,459        

      (K)  "Safety inspection" means any inspection, survey, or    7,461        

testing of a master-meter system which is authorized or required   7,462        

by sections 4905.90 to 4905.96 of the Revised Code and the         7,463        

                                                          173    

                                                                 
pipe-line safety code.  The term includes, but is not limited to,  7,464        

leak surveys, inspection of regulators and critical valves, and    7,465        

monitoring of cathodic protection systems, where applicable.       7,466        

      (L)  "Safety-related condition" means any safety-related     7,468        

condition defined in 49 C.F.R. 191.23, as amended.                 7,469        

      (M)  "Synthetic natural gas" means gas formed from           7,471        

feedstocks other than natural gas, including coal, oil, or         7,472        

naphtha.                                                           7,473        

      (N)  "Total Mcfs of gas it supplied or delivered" means the  7,475        

sum of the following volumes of gas that an operator supplied or   7,476        

delivered, measured in units per one thousand cubic feet:          7,477        

      (1)  Residential sales;                                      7,479        

      (2)  Commercial and industrial sales;                        7,481        

      (3)  Other sales to public authorities;                      7,483        

      (4)  Interdepartmental sales;                                7,485        

      (5)  Sales for resale;                                       7,487        

      (6)  Transportation of gas.                                  7,489        

      Sec. 5117.01.  (A)  As used in this chapter:                 7,498        

      (1)  "Credit" means the credit on utility heating bills      7,500        

granted under division (A) of section 5117.09 of the Revised       7,501        

Code.                                                              7,502        

      (2)  "Current monthly bill" means the amount charged for     7,504        

energy consumed in the most recent monthly billing period and      7,505        

does not include any past due balance.                             7,506        

      (3)  "Current total income" means the adjusted gross income  7,508        

of the head of household and his THE PERSON'S spouse for the       7,510        

six-month period beginning the first day of January and ending     7,511        

the thirtieth day of June of the year in which an application is   7,512        

made, as determined under the "Internal Revenue Code of 1954,"     7,513        

68A Stat. 3, 26 U.S.C. 1, as amended, minus the amount of          7,514        

disability benefits included in adjusted gross income but not to   7,515        

exceed twenty-six hundred dollars, plus old age and survivors      7,516        

benefits received pursuant to the "Social Security Act,"           7,517        

retirement, pension, annuity, or other retirement payments or      7,518        

                                                          174    

                                                                 
benefits not included in federal adjusted gross income; payments   7,519        

received pursuant to the "Railroad Retirement Act," 50 Stat. 307,  7,520        

45 U.S.C. 228, and interest on federal, state, and local           7,521        

government obligations.  Disability benefits paid by the veterans  7,522        

administration or a branch of the armed forces of the United       7,523        

States on account of an injury or disability are not included in   7,524        

current total income.                                              7,525        

      (4)  "Energy company" means every retail propane dealer      7,527        

that distributes propane by pipeline, and every electric light,    7,528        

rural electric, gas, or natural gas company.                       7,529        

      (5)  "Energy dealer" means every retail dealer of fuel oil,  7,531        

propane, coal, wood, and kerosene.                                 7,532        

      (6)  "Head of household" means a person who occupies a       7,534        

household as his THE PERSON'S homestead and who is financially     7,535        

responsible for its other occupants, if any, or the spouse of      7,537        

such a person if both occupy the same household.  No person is a   7,538        

head of household if he THE PERSON occupies a household for the    7,539        

taxable year prior to the year in which an application is filed    7,541        

and was claimed as a dependent on the federal income tax return    7,542        

of another occupant of the same household and was not the          7,543        

taxpayer's spouse or if he THE PERSON could have been claimed if   7,545        

such a return had been filed for such year and was not the other   7,546        

occupant's spouse.                                                              

      (7)  "Household" means a ANY dwelling, a unit, INCLUDING A   7,549        

UNIT in a multiple unit dwelling, or a manufactured home, OR A     7,551        

MOBILE HOME, to which utility heating services or energy           7,553        

commodities are provided.                                                       

      (8)  "Payment" means the one hundred twenty-five-dollar      7,555        

payment provided under division (A) of section 5117.10 of the      7,556        

Revised Code.                                                      7,557        

      (9)  "Permanently and totally disabled" refers to a person   7,559        

who has, on the first day of July of the year an application is    7,560        

made, some impairment in body or mind that makes him THE PERSON    7,561        

unfit to work at any substantially remunerative employment that    7,563        

                                                          175    

                                                                 
he THE PERSON would otherwise be reasonably able to perform and    7,565        

that will, with reasonable probability, continue for an            7,566        

indefinite period of at least twelve months without any present    7,567        

indication of recovery therefrom, or who has been certified as     7,568        

permanently and totally disabled by a state or federal agency      7,569        

having the function of so classifying persons.                     7,570        

      (10)  "Sixty-five years of age or older" refers to a person  7,572        

who has attained age sixty-four prior to the first day of January  7,573        

of the year of application for reduction in utility charges.       7,574        

      (11)  "Total income" means the adjusted gross income of the  7,576        

head of household and his THE PERSON'S spouse for the year         7,578        

preceding the year in which an application is made, as determined  7,579        

under the "Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C.  7,580        

1, as amended, minus the amount of disability benefits included    7,581        

in adjusted gross income but not to exceed fifty-two hundred       7,582        

dollars, plus old age and survivors benefits received pursuant to  7,583        

the "Social Security Act," retirement, pension, annuity, or other  7,584        

retirement payments or benefits not included in federal adjusted   7,585        

gross income; payments received pursuant to the "Railroad          7,586        

Retirement Act," 50 Stat. 307, 45 U.S.C. 228; and interest on      7,587        

federal, state, and local government obligations.  Disability      7,588        

benefits paid by the veteran's administration or a branch of the   7,589        

armed forces of the United States on account of an injury or       7,590        

disability shall not be included in total income.                  7,591        

      (B)  As used in sections 5117.01 to 5117.12 of the Revised   7,593        

Code:                                                              7,594        

      (1)  "Applicant" means any person who has submitted an       7,596        

application under division (C) of section 5117.03 of the Revised   7,597        

Code.                                                              7,598        

      (2)  "Application" means the application in section 5117.03  7,600        

of the Revised Code.                                               7,601        

      (3)  "Program" means the Ohio energy credit program          7,603        

established under sections 5117.01 to 5117.12 of the Revised       7,604        

Code.                                                              7,605        

                                                          176    

                                                                 
      (4)  "Purchased power costs" means charges for the costs of  7,607        

power purchased by an electric light company under Chapters 4905.  7,608        

and 4909. of the Revised Code and includes charges resulting from  7,609        

the exchange of electric power.                                    7,610        

      Sec. 5701.02.  As used in Title LVII of the Revised Code:    7,619        

      (A)  "Real property," "realty," and "land" include land      7,621        

itself, whether laid out in town lots or otherwise, all growing    7,622        

crops, including deciduous and evergreen trees, plants, and        7,623        

shrubs, with all things contained therein, and, unless otherwise   7,624        

specified in section 5701.03 of the Revised Code, all buildings,   7,625        

structures, improvements, and fixtures of whatever kind on the     7,626        

land, and all rights and privileges belonging or appertaining      7,627        

thereto.                                                           7,628        

      (B)  "Building" means a permanent fabrication or             7,630        

construction, attached or affixed to land, consisting of           7,631        

foundations, walls, columns, girders, beams, floors, and a roof,   7,632        

or some combination of these elemental parts, that is intended as  7,633        

a habitation or shelter for people or animals or a shelter for     7,634        

tangible personal property, and that has structural integrity      7,635        

independent of the tangible personal property, if any, it is       7,636        

designed to shelter.  "BUILDING" INCLUDES A MOBILE HOME AS         7,637        

DEFINED IN DIVISION (O) OF SECTION 4501.01 OF THE REVISED CODE     7,642        

AND A MANUFACTURED HOME AS DEFINED IN DIVISION (C)(4) OF SECTION   7,644        

3781.06 OF THE REVISED CODE, IF THE HOME MEETS ALL OF THE          7,645        

FOLLOWING CONDITIONS:                                                           

      (1)  ON OR AFTER JANUARY 1, 1998, THE HOME ACQUIRED SITUS    7,648        

IN THIS STATE OR OWNERSHIP IN THE HOME WAS TRANSFERRED.            7,649        

      (2)  THE HOME IS AFFIXED TO A PERMANENT FOUNDATION AS        7,651        

DEFINED IN DIVISION (C)(5) OF SECTION 3781.06 OF THE REVISED CODE  7,654        

AND IS LOCATED ON LAND OWNED BY THE OWNER OF THE HOME.             7,655        

      (3)  THE CERTIFICATE OF TITLE FOR THE HOME HAS BEEN          7,657        

CANCELED BY THE CLERK OF THE COURT OF COMMON PLEAS THAT ISSUED IT  7,658        

PURSUANT TO SECTION 4505.11 OF THE REVISED CODE.                   7,659        

      (C)  "Fixture" means an item of tangible personal property   7,661        

                                                          177    

                                                                 
that has become permanently attached or affixed to the land or to  7,662        

a building, structure, or improvement, and that primarily          7,663        

benefits the realty and not the business, if any, conducted by     7,664        

the occupant on the premises.                                      7,665        

      (D)  "Improvement" means, with respect to a building or      7,667        

structure, a permanent addition, enlargement, or alteration that,  7,668        

had it been constructed at the same time as the building or        7,669        

structure, would have been considered a part of the building or    7,670        

structure.                                                         7,671        

      (E)  "Structure" means a permanent fabrication or            7,673        

construction, other than a building, that is attached or affixed   7,674        

to land, and that increases or enhances utilization or enjoyment   7,675        

of the land.  "Structure" includes, but is not limited to,         7,676        

bridges, trestles, dams, storage silos for agricultural products,  7,677        

fences, and walls.                                                 7,678        

      Sec. 5728.01.  As used in sections 5728.02 to 5728.14,       7,687        

inclusive, of the Revised Code:                                    7,688        

      (A)  "Motor vehicle" means everything on wheels which is     7,690        

self-propelled, other than by muscular power or power collected    7,691        

from electric trolley wires and other than vehicles or machinery   7,692        

not designed for or employed in general highway transportation,    7,693        

used to transport or propel property over a public highway.        7,694        

      (B)  "Commercial car" means any motor vehicle used for       7,696        

transporting property, wholly on its own structure on a public     7,697        

highway.                                                           7,698        

      (C)  "Commercial tractor" means any motor vehicle designed   7,700        

and used to propel or draw a trailer or semi-trailer or both on a  7,701        

public highway without having any provision for carrying loads     7,702        

independently of such trailer or semi-trailer.                     7,703        

      (D)  "Trailer" means everything on wheels which is not       7,705        

self-propelled, except vehicles or machinery not designed for or   7,706        

employed in general highway transportation and except vehicles     7,707        

whose total weight excluding load is less than three thousand      7,708        

pounds, used for carrying property wholly on its own structure     7,709        

                                                          178    

                                                                 
and for being drawn by a motor vehicle on a public highway,        7,710        

including any such vehicle when formed by or operated as a         7,711        

combination of a semi-trailer and a vehicle of the dolly type      7,712        

such as that commonly known as a trailer dolly, except a           7,713        

manufactured home.  "TRAILER" DOES NOT INCLUDE MANUFACTURED HOMES  7,715        

AS DEFINED IN DIVISION (C)(4) OF SECTION 3781.06 OF THE REVISED                 

CODE OR MOBILE HOMES AS DEFINED IN DIVISION (O) OF SECTION         7,716        

4501.01 OF THE REVISED CODE.                                                    

      (E)  "Semi-trailer" means everything on wheels which is not  7,718        

self-propelled, except vehicles or machinery not designed for or   7,719        

employed in general highway transportation and except vehicles     7,720        

whose total weight excluding load is less than three thousand      7,721        

pounds, designed and used for carrying property on a public        7,722        

highway when being propelled or drawn by a commercial tractor      7,723        

when part of its own weight or the weight of its load, or both,    7,724        

rest upon and is carried by a commercial tractor.                  7,725        

      (F)  "Commercial tandem" means any commercial car and        7,727        

trailer or any commercial tractor, semi-trailer, and trailer when  7,728        

fastened together and used as one unit.                            7,729        

      (G)  "Commercial tractor combination" means any commercial   7,731        

tractor and semi-trailer when fastened together and used as one    7,732        

unit.                                                              7,733        

      (H)  "Axle" means two or more load carrying wheels mounted   7,735        

in a single transverse vertical plane.                             7,736        

      (I)  "Public highway" means any highway, road, or street     7,738        

dedicated to public use except a highway under the control and     7,739        

jurisdiction of the Ohio turnpike commission created by the        7,740        

provisions of section 5537.02 of the Revised Code.                 7,741        

      Sec. 5739.01.  As used in this chapter:                      7,750        

      (A)  "Person" includes individuals, receivers, assignees,    7,752        

trustees in bankruptcy, estates, firms, partnerships,              7,753        

associations, joint-stock companies, joint ventures, clubs,        7,754        

societies, corporations, the state and its political               7,755        

subdivisions, and combinations of individuals of any form.         7,756        

                                                          179    

                                                                 
      (B)  "Sale" and "selling" include all of the following       7,758        

transactions for a consideration in any manner, whether            7,759        

absolutely or conditionally, whether for a price or rental, in     7,760        

money or by exchange, and by any means whatsoever:                 7,761        

      (1)  All transactions by which title or possession, or       7,763        

both, of tangible personal property, is or is to be transferred,   7,764        

or a license to use or consume tangible personal property is or    7,765        

is to be granted;                                                  7,766        

      (2)  All transactions by which lodging by a hotel is or is   7,768        

to be furnished to transient guests;                               7,769        

      (3)  All transactions by which:                              7,771        

      (a)  An item of tangible personal property is or is to be    7,773        

repaired, except property, the purchase of which would be exempt   7,774        

from the tax imposed by section 5739.02 of the Revised Code;       7,775        

      (b)  An item of tangible personal property is or is to be    7,777        

installed, except property, the purchase of which would be exempt  7,778        

from the tax imposed by section 5739.02 of the Revised Code or     7,779        

property that is or is to be incorporated into and will become a   7,780        

part of a production, transmission, transportation, or             7,781        

distribution system for the delivery of a public utility service;  7,782        

      (c)  The service of washing, cleaning, waxing, polishing,    7,784        

or painting a motor vehicle is or is to be furnished;              7,785        

      (d)  Industrial laundry cleaning services are or are to be   7,787        

provided;                                                          7,788        

      (e)  Automatic data processing, computer services, or        7,790        

electronic information services are or are to be provided for use  7,791        

in business when the true object of the transaction is the         7,792        

receipt by the consumer of automatic data processing, computer     7,793        

services, or electronic information services rather than the       7,794        

receipt of personal or professional services to which automatic    7,795        

data processing, computer services, or electronic information      7,796        

services are incidental or supplemental.  Notwithstanding any      7,797        

other provision of this chapter, such transactions that occur      7,798        

between members of an affiliated group are not sales.  An          7,799        

                                                          180    

                                                                 
affiliated group means two or more persons related in such a way   7,800        

that one person owns or controls the business operation of         7,801        

another member of the group.  In the case of corporations with     7,802        

stock, one corporation owns or controls another if it owns more    7,803        

than fifty per cent of the other corporation's common stock with   7,804        

voting rights.                                                     7,805        

      (f)  Telecommunications service is provided that originates  7,807        

or terminates in this state and is charged in the records of the   7,808        

telecommunications service vendor to the consumer's telephone      7,809        

number or account in this state, or that both originates and       7,810        

terminates in this state;                                          7,811        

      (g)  Landscaping and lawn care service is or is to be        7,813        

provided;                                                          7,814        

      (h)  Private investigation and security service is or is to  7,816        

be provided;                                                       7,817        

      (i)  Information services or tangible personal property is   7,819        

provided or ordered by means of a nine hundred telephone call;     7,820        

      (j)  Building maintenance and janitorial service is or is    7,822        

to be provided;                                                    7,823        

      (k)  Employment service is or is to be provided;             7,825        

      (l)  Employment placement service is or is to be provided;   7,827        

      (m)  Exterminating service is or is to be provided;          7,829        

      (n)  Physical fitness facility service is or is to be        7,831        

provided;                                                          7,832        

      (o)  Recreation and sports club service is or is to be       7,834        

provided.                                                          7,835        

      (4)  All transactions by which printed, imprinted,           7,837        

overprinted, lithographic, multilithic, blueprinted, photostatic,  7,838        

or other productions or reproductions of written or graphic        7,839        

matter are or are to be furnished or transferred;                  7,840        

      (5)  The production or fabrication of tangible personal      7,842        

property for a consideration for consumers who furnish either      7,843        

directly or indirectly the materials used in the production of     7,844        

fabrication work; and include the furnishing, preparing, or        7,845        

                                                          181    

                                                                 
serving for a consideration of any tangible personal property      7,846        

consumed on the premises of the person furnishing, preparing, or   7,847        

serving such tangible personal property.  Except as provided in    7,848        

section 5739.03 of the Revised Code, a construction contract       7,849        

pursuant to which tangible personal property is or is to be        7,850        

incorporated into a structure or improvement on and becoming a     7,851        

part of real property is not a sale of such tangible personal      7,852        

property.  ON OR AFTER JANUARY 1, 1998, A MANUFACTURED HOME FIRST  7,855        

ACQUIRING SITUS IN THIS STATE, ANY FURNITURE OR APPLIANCES         7,856        

CONTAINED THEREIN, THE REPAIR OF A MANUFACTURED OR MOBILE HOME,    7,857        

OR THE INSTALLATION OF A MANUFACTURED OR MOBILE HOME THAT HAD      7,858        

PREVIOUSLY ACQUIRED SITUS IN THIS STATE, SHALL BE CONSIDERED A     7,859        

CONSTRUCTION CONTRACT.  The construction contractor is the         7,861        

consumer of such tangible personal property, provided that the     7,862        

sale and installation of carpeting, the sale and installation of   7,863        

agricultural land tile, the sale and erection or installation of   7,864        

portable grain bins, or the provision of landscaping and lawn      7,865        

care service and the transfer of property as part of such service  7,866        

is never a construction contract.  The transfer of copyrighted     7,867        

motion picture films for exhibition purposes is not a sale,        7,868        

except such films as are used solely for advertising purposes.     7,869        

Other than as provided in this section, "sale" and "selling" do    7,870        

not include professional, insurance, or personal service           7,871        

transactions which involve the transfer of tangible personal       7,872        

property as an inconsequential element, for which no separate      7,873        

charges are made.                                                  7,874        

      As used in division (B)(5) of this section:                  7,876        

      (a)  "Agricultural land tile" means fired clay or concrete   7,878        

tile, or flexible or rigid perforated plastic pipe or tubing,      7,879        

incorporated or to be incorporated into a subsurface drainage      7,880        

system appurtenant to land used or to be used directly in          7,881        

production by farming, agriculture, horticulture, or               7,882        

floriculture.  The term does not include such materials when they  7,883        

are or are to be incorporated into a drainage system appurtenant   7,884        

                                                          182    

                                                                 
to a building or structure even if the building or structure is    7,885        

used or to be used in such production.                             7,886        

      (b)  "Portable grain bin" means a structure that is used or  7,888        

to be used by a person engaged in farming or agriculture to        7,889        

shelter the person's grain and that is designed to be              7,890        

disassembled without significant damage to its component parts.    7,891        

      (6)  All transactions in which all of the shares of stock    7,893        

of a closely held corporation are transferred, if the corporation  7,894        

is not engaging in business and its entire assets consist of       7,895        

boats, planes, motor vehicles, or other tangible personal          7,896        

property operated primarily for the use and enjoyment of the       7,897        

shareholders;                                                      7,898        

      (7)  All transactions in which a warranty, maintenance or    7,900        

service contract, or similar agreement by which the vendor of the  7,901        

warranty, contract, or agreement agrees to repair or maintain the  7,902        

tangible personal property of the consumer is or is to be          7,903        

provided.                                                          7,904        

      (C)  "Vendor" means the person providing the service or by   7,906        

whom the transfer effected or license given by a sale is or is to  7,907        

be made or given and, for sales described in division (B)(3)(i)    7,908        

of this section, the telecommunications service vendor that        7,909        

provides the nine hundred telephone service; if two or more        7,910        

persons are engaged in business at the same place of business      7,911        

under a single trade name in which all collections on account of   7,912        

sales by each are made, such persons shall constitute a single     7,913        

vendor.                                                            7,914        

      Physicians, dentists, hospitals, and veterinarians who are   7,916        

engaged in selling tangible personal property as received from     7,917        

others, such as eyeglasses, mouthwashes, dentifrices, or similar   7,918        

articles, are vendors.  Veterinarians who are engaged in           7,919        

transferring to others for a consideration drugs, the dispensing   7,920        

of which does not require an order of a licensed veterinarian or   7,921        

physician under federal law, are vendors.                          7,922        

      (D)(1)  "Consumer" means the person for whom the service is  7,924        

                                                          183    

                                                                 
provided, to whom the transfer effected or license given by a      7,925        

sale is or is to be made or given, to whom the service described   7,926        

in division (B)(3)(f) or (i) of this section is charged, or to     7,927        

whom the admission is granted.                                     7,928        

      (2)  Physicians, dentists, hospitals, and blood banks        7,930        

operated by nonprofit institutions and persons licensed to         7,931        

practice veterinary medicine, surgery, and dentistry are           7,932        

consumers of all tangible personal property and services           7,933        

purchased by them in connection with the practice of medicine,     7,934        

dentistry, the rendition of hospital or blood bank service, or     7,935        

the practice of veterinary medicine, surgery, and dentistry.  In   7,936        

addition to being consumers of drugs administered by them or by    7,937        

their assistants according to their direction, veterinarians also  7,938        

are consumers of drugs that under federal law may be dispensed     7,939        

only by or upon the order of a licensed veterinarian or            7,940        

physician, when transferred by them to others for a consideration  7,941        

to provide treatment to animals as directed by the veterinarian.   7,942        

      (3)  A person who performs a facility management, or         7,944        

similar service contract for a contractee is a consumer of all     7,945        

tangible personal property and services purchased for use in       7,946        

connection with the performance of such contract, regardless of    7,947        

whether title to any such property vests in the contractee.  The   7,948        

purchase of such property and services is not subject to the       7,949        

exception for resale under division (E)(1) of this section.        7,950        

      (4)(a)  In the case of a person who purchases printed        7,952        

matter for the purpose of distributing it or having it             7,953        

distributed to the public or to a designated segment of the        7,954        

public, free of charge, that person is the consumer of that        7,955        

printed matter, and the purchase of that printed matter for that   7,956        

purpose is a sale.                                                              

      (b)  In the case of a person who produces, rather than       7,958        

purchases, printed matter for the purpose of distributing it or    7,959        

having it distributed to the public or to a designated segment of  7,960        

the public, free of charge, that person is the consumer of all     7,961        

                                                          184    

                                                                 
tangible personal property and services purchased for use or       7,962        

consumption in the production of that printed matter.  That        7,963        

person is not entitled to claim exception under division (E)(8)    7,964        

of this section for any material incorporated into the printed                  

matter or any equipment, supplies, or services primarily used to   7,965        

produce the printed matter.                                        7,966        

      (c)  The distribution of printed matter to the public or to  7,969        

a designated segment of the public, free of charge, is not a sale  7,970        

to the members of the public to whom the printed matter is         7,971        

distributed or to any persons who purchase space in the printed                 

matter for advertising or other purposes.                          7,972        

      (E)  "Retail sale" and "sales at retail" include all sales   7,974        

except those in which the purpose of the consumer is:              7,975        

      (1)  To resell the thing transferred or benefit of the       7,977        

service provided, by a person engaging in business, in the form    7,978        

in which the same is, or is to be, received by the person;         7,979        

      (2)  To incorporate the thing transferred as a material or   7,981        

a part, into tangible personal property to be produced for sale    7,982        

by manufacturing, assembling, processing, or refining, or to use   7,983        

or consume the thing transferred directly in mining, including     7,984        

without limitation the extraction from the earth of all            7,985        

substances which are classed geologically as minerals, production  7,986        

of crude oil and natural gas, farming, agriculture, horticulture,  7,987        

or floriculture, and persons engaged in rendering farming,         7,988        

agricultural, horticultural, or floricultural services, and        7,989        

services in the exploration for, and production of, crude oil and  7,990        

natural gas, for others are deemed engaged directly in farming,    7,991        

agriculture, horticulture, and floriculture, or exploration for,   7,992        

and production of, crude oil and natural gas; directly in the      7,993        

rendition of a public utility service, except that the sales tax   7,994        

levied by section 5739.02 of the Revised Code shall be collected   7,995        

upon all meals, drinks, and food for human consumption sold upon   7,996        

Pullman and railroad coaches.  This paragraph does not exempt or   7,997        

except from "retail sale" or "sales at retail" the sale of         7,998        

                                                          185    

                                                                 
tangible personal property that is to be incorporated into a       7,999        

structure or improvement to real property.                         8,000        

      (3)  To hold the thing transferred as security for the       8,002        

performance of an obligation of the vendor;                        8,003        

      (4)  To use or consume the thing transferred in the process  8,005        

of reclamation as required by Chapters 1513. and 1514. of the      8,006        

Revised Code;                                                      8,007        

      (5)  To resell, hold, use, or consume the thing transferred  8,009        

as evidence of a contract of insurance;                            8,010        

      (6)  To use or consume the thing directly in commercial      8,012        

fishing;                                                           8,013        

      (7)  To incorporate the thing transferred as a material or   8,015        

a part into, or to use or consume the thing transferred directly   8,016        

in the production of, magazines distributed as controlled          8,017        

circulation publications;                                          8,018        

      (8)  To use or consume the thing transferred in the          8,020        

production and preparation in suitable condition for market and    8,021        

sale of printed, imprinted, overprinted, lithographic,             8,022        

multilithic, blueprinted, photostatic, or other productions or     8,023        

reproductions of written or graphic matter;                        8,024        

      (9)  To use the thing transferred, as described in section   8,026        

5739.011 of the Revised Code, primarily in a manufacturing         8,027        

operation to produce tangible personal property for sale;          8,028        

      (10)  To use the benefit of a warranty, maintenance or       8,030        

service contract, or similar agreement, as defined in division     8,031        

(B)(7) of this section, to repair or maintain tangible personal    8,032        

property, if all of the property that is the subject of the        8,033        

warranty, contract, or agreement would be exempt on its purchase   8,034        

from the tax imposed by section 5739.02 of the Revised Code;       8,035        

      (11)  To use the thing transferred as qualified research     8,037        

and development equipment;                                         8,038        

      (12)  To use or consume the thing transferred primarily in   8,040        

storing, transporting, mailing, or otherwise handling purchased    8,041        

sales inventory in a warehouse, distribution center, or similar    8,042        

                                                          186    

                                                                 
facility when the inventory is primarily distributed outside this  8,043        

state to retail stores of the person who owns or controls the      8,044        

warehouse, distribution center, or similar facility, to retail     8,045        

stores of an affiliated group of which that person is a member,    8,046        

or by means of direct marketing.  Division (E)(12) of this         8,047        

section does not apply to motor vehicles registered for operation  8,048        

on the public highways.  As used in division (E)(12) of this       8,049        

section, "affiliated group" has the same meaning as in division    8,050        

(B)(3)(e) of this section and "direct marketing" has the same      8,051        

meaning as in division (B)(37) of section 5739.02 of the Revised   8,052        

Code.                                                              8,053        

      (13)  To use or consume the thing transferred to fulfill a   8,055        

contractual obligation incurred by a warrantor pursuant to a       8,056        

warranty provided as a part of the price of the tangible personal  8,057        

property sold or by a vendor of a warranty, maintenance or         8,058        

service contract, or similar agreement the provision of which is   8,059        

defined as a sale under division (B)(7) of this section.           8,060        

      As used in division (E) of this section, "thing" includes    8,062        

all transactions included in divisions (B)(3)(a), (b), and (e) of  8,063        

this section;                                                      8,064        

      (14)  To use or consume the thing transferred in the         8,066        

production of a newspaper for distribution to the public.          8,067        

      Sales conducted through a coin-operated device that          8,069        

activates vacuum equipment or equipment that dispenses water,      8,070        

whether or not in combination with soap or other cleaning agents   8,071        

or wax, to the consumer for the consumer's use on the premises in  8,073        

washing, cleaning, or waxing a motor vehicle, provided no other                 

personal property or personal service is provided as part of the   8,074        

transaction, are not retail sales or sales at retail.              8,075        

      (F)  "Business" includes any activity engaged in by any      8,077        

person with the object of gain, benefit, or advantage, either      8,078        

direct or indirect.  "Business" does not include the activity of   8,079        

a person in managing and investing the person's own funds.         8,080        

      (G)  "Engaging in business" means commencing, conducting,    8,082        

                                                          187    

                                                                 
or continuing in business, and liquidating a business when the     8,083        

liquidator thereof holds self ITSELF out to the public as          8,084        

conducting such business.  Making a casual sale is not engaging    8,085        

in business.                                                                    

      (H)(1)  "Price," except as provided in divisions (H)(2)      8,087        

and, (3), AND (4) of this section, means the aggregate value in    8,089        

money of anything paid or delivered, or promised to be paid or     8,090        

delivered, in the complete performance of a retail sale, without   8,091        

any deduction on account of the cost of the property sold, cost    8,092        

of materials used, labor or service cost, interest, discount paid  8,093        

or allowed after the sale is consummated, or any other expense.    8,094        

If the retail sale consists of the rental or lease of tangible     8,095        

personal property, "price" means the aggregate value in money of   8,096        

anything paid or delivered, or promised to be paid or delivered,   8,097        

in the complete performance of the rental or lease, without any    8,098        

deduction for tax, interest, labor or service charge, damage       8,099        

liability waiver, termination or damage charge, discount paid or   8,100        

allowed after the lease is consummated, or any other expense. The  8,102        

sales tax shall be calculated and collected by the lessor on each  8,103        

payment made by the lessee.  Price does not include the                         

consideration received as a deposit refundable to the consumer     8,104        

upon return of a beverage container, the consideration received    8,105        

as a deposit on a carton or case that is used for such returnable  8,106        

containers, or the consideration received as a refundable          8,107        

security deposit for the use of tangible personal property to the  8,108        

extent that it actually is refunded, if the consideration for      8,109        

such refundable deposit is separately stated from the              8,110        

consideration received or to be received for the tangible          8,111        

personal property transferred in the retail sale.  Such            8,112        

separation must appear in the sales agreement or on the initial    8,113        

invoice or initial billing rendered by the vendor to the           8,114        

consumer.  Price is the amount received inclusive of the tax,      8,115        

provided the vendor establishes to the satisfaction of the tax     8,116        

commissioner that the tax was added to the price.  When the price  8,117        

                                                          188    

                                                                 
includes both a charge for tangible personal property and a        8,118        

charge for providing a service and the sale of the property and    8,119        

the charge for the service are separately taxable, or have a       8,120        

separately determinable tax status, the price shall be separately  8,121        

stated for each such charge so the tax can be correctly computed   8,122        

and charged.                                                       8,123        

      The tax collected by the vendor from the consumer under      8,125        

this chapter is not part of the price, but is a tax collection     8,126        

for the benefit of the state and of counties levying an            8,127        

additional sales tax pursuant to section 5739.021 or 5739.026 of   8,128        

the Revised Code and of transit authorities levying an additional  8,129        

sales tax pursuant to section 5739.023 of the Revised Code.        8,130        

Except for the discount authorized in section 5739.12 of the       8,131        

Revised Code, no person other than the state or such a county or   8,132        

transit authority shall derive any benefit from the collection or  8,133        

payment of such tax.                                               8,134        

      (2)  In the case of a sale of any new motor vehicle by a     8,136        

new motor vehicle dealer, as defined in section 4517.01 of the     8,137        

Revised Code, in which another motor vehicle is accepted by the    8,138        

dealer as part of the consideration received, "price" has the      8,139        

same meaning as in division (H)(1) of this section, reduced by     8,140        

the credit afforded the consumer by the dealer for the motor       8,141        

vehicle received in trade.                                         8,142        

      (3)  In the case of a sale of any watercraft or outboard     8,144        

motor by a watercraft dealer licensed in accordance with section   8,145        

1547.543 of the Revised Code, in which another watercraft,         8,146        

watercraft and trailer, or outboard motor is accepted by the       8,147        

dealer as part of the consideration received, "price" has the      8,148        

same meaning as in division (H)(1) of this section, reduced by     8,149        

the credit afforded the consumer by the dealer for the             8,150        

watercraft, watercraft and trailer, or outboard motor received in  8,151        

trade.  As used in division (H)(3) of this section, "watercraft"   8,152        

includes an outdrive unit attached to the watercraft.              8,153        

      (4)  IF A NEW MANUFACTURED HOME IS SOLD BY A NEW MOTOR       8,155        

                                                          189    

                                                                 
VEHICLE DEALER, AS DEFINED IN SECTION 4517.01 OF THE REVISED       8,156        

CODE, AND ANOTHER MANUFACTURED HOME OR MOBILE HOME IS ACCEPTED BY  8,157        

THE DEALER AS PART OF THE CONSIDERATION RECEIVED, "PRICE" HAS THE  8,158        

SAME MEANING AS IN DIVISION (H)(1) OF THIS SECTION, REDUCED BY     8,159        

THE CREDIT THE DEALER GAVE THE CONSUMER FOR THE HOME RECEIVED IN                

TRADE.                                                             8,160        

      (I)  "Receipts" means the total amount of the prices of the  8,162        

sales of vendors, provided that cash discounts allowed and taken   8,163        

on sales at the time they are consummated are not included, minus  8,164        

any amount deducted as a bad debt pursuant to section 5739.121 of  8,165        

the Revised Code.  "Receipts" does not include the sale price of   8,166        

property returned or services rejected by consumers when the full  8,167        

sale price and tax are refunded either in cash or by credit.       8,168        

      (J)  "Place of business" means any location at which a       8,170        

person engages in business.                                        8,171        

      (K)  "Premises" includes any real property or portion        8,173        

thereof upon which any person engages in selling tangible          8,174        

personal property at retail or making retail sales and also        8,175        

includes any real property or portion thereof designated for, or   8,176        

devoted to, use in conjunction with the business engaged in by     8,177        

such person.                                                       8,178        

      (L)  "Casual sale" means a sale of an item of tangible       8,180        

personal property which was obtained by the person making the      8,181        

sale, through purchase or otherwise, for the person's own use in   8,182        

this state and which was previously subject to the state's taxing  8,183        

jurisdiction on its sale or use, and includes such items acquired  8,184        

for the seller's use which are sold by an auctioneer employed      8,185        

directly by the person for such purpose, provided the location of  8,186        

such sales is not the auctioneer's permanent place of business.    8,187        

As used in this division, "permanent place of business" includes   8,188        

any location where such auctioneer has conducted more than two     8,189        

auctions during the year.                                          8,190        

      (M)  "Hotel" means every establishment kept, used,           8,192        

maintained, advertised or held out to the public to be a place     8,193        

                                                          190    

                                                                 
where sleeping accommodations are offered to guests, in which      8,194        

five or more rooms are used for the accommodation of such guests,  8,195        

whether such rooms are in one or several structures.               8,196        

      (N)  "Transient guests" means persons occupying a room or    8,198        

rooms for sleeping accommodations for less than thirty             8,199        

consecutive days.                                                  8,200        

      (O)  "Making retail sales" means the effecting of            8,202        

transactions wherein one party is obligated to pay the price and   8,203        

the other party is obligated to provide a service or to transfer   8,204        

title to or possession of the item sold.  "Making retail sales"    8,205        

does not include the preliminary acts of promoting or soliciting   8,206        

the retail sales, other than the distribution of printed matter    8,207        

which displays or describes and prices the item offered for sale,  8,208        

nor does it include delivery of a predetermined quantity of        8,209        

tangible personal property or transportation of property or        8,210        

personnel to or from a place where a service is performed,         8,211        

regardless of whether the vendor is a delivery vendor.             8,212        

      (P)  "Used directly in the rendition of a public utility     8,214        

service" means that property which is to be incorporated into and  8,215        

will become a part of the consumer's production, transmission,     8,216        

transportation, or distribution system and which retains its       8,217        

classification as tangible personal property after such            8,218        

incorporation; fuel or power used in the production,               8,219        

transmission, transportation, or distribution system; and          8,220        

tangible personal property used in the repair and maintenance of   8,221        

the production, transmission, transportation or distribution       8,222        

system, including only such motor vehicles as are specially        8,223        

designed and equipped for such use.  Tangible personal property    8,224        

and services used primarily in providing highway transportation    8,225        

for hire are not used in providing a public utility service as     8,226        

defined in this division.                                          8,227        

      (Q)  "Refining" means removing or separating a desirable     8,229        

product from raw or contaminated materials by distillation or      8,230        

physical, mechanical, or chemical processes.                       8,231        

                                                          191    

                                                                 
      (R)  "Assembly" and "assembling" mean attaching or fitting   8,233        

together parts to form a product, but do not include packaging a   8,234        

product.                                                           8,235        

      (S)  "Manufacturing operation" means a process in which      8,237        

materials are changed, converted, or transformed into a different  8,238        

state or form from which they previously existed and includes      8,239        

refining materials, assembling parts, and preparing raw materials  8,240        

and parts by mixing, measuring, blending, or otherwise committing  8,241        

such materials or parts to the manufacturing process.              8,242        

"Manufacturing operation" does not include packaging.              8,243        

      (T)  "Fiscal officer" means, with respect to a regional      8,245        

transit authority, the secretary-treasurer thereof, and with       8,246        

respect to a county which is a transit authority, the fiscal       8,247        

officer of the county transit board if one is appointed pursuant   8,248        

to section 306.03 of the Revised Code or the county auditor if     8,249        

the board of county commissioners operates the county transit      8,250        

system.                                                                         

      (U)  "Transit authority" means a regional transit authority  8,252        

created pursuant to section 306.31 of the Revised Code or a        8,253        

county in which a county transit system is created pursuant to     8,254        

section 306.01 of the Revised Code.  For the purposes of this      8,255        

chapter, a transit authority must extend to at least the entire    8,256        

area of a single county.  A transit authority which includes       8,257        

territory in more than one county must include all the area of     8,258        

the most populous county which is a part of such transit           8,259        

authority.  County population shall be measured by the most        8,260        

recent census taken by the United States census bureau.            8,261        

      (V)  "Legislative authority" means, with respect to a        8,263        

regional transit authority, the board of trustees thereof, and     8,264        

with respect to a county which is a transit authority, the board   8,265        

of county commissioners.                                           8,266        

      (W)  "Territory of the transit authority" means all of the   8,268        

area included within the territorial boundaries of a transit       8,269        

authority as they from time to time exist.  Such territorial       8,270        

                                                          192    

                                                                 
boundaries must at all times include all the area of a single      8,271        

county or all the area of the most populous county which is a      8,272        

part of such transit authority.  County population shall be        8,273        

measured by the most recent census taken by the United States      8,274        

census bureau.                                                     8,275        

      (X)  "Providing a service" means providing or furnishing     8,277        

anything described in division (B)(3) of this section for          8,278        

consideration.                                                     8,279        

      (Y)(1)(a)  "Automatic data processing" means processing of   8,281        

others' data, including keypunching or similar data entry          8,282        

services together with verification thereof, or providing access   8,283        

to computer equipment for the purpose of processing data.          8,284        

      (b)  "Computer services" means providing services            8,286        

consisting of specifying computer hardware configurations and      8,287        

evaluating technical processing characteristics, computer          8,288        

programming, and training of computer programmers and operators,   8,289        

provided in conjunction with and to support the sale, lease, or    8,290        

operation of taxable computer equipment or systems.                8,291        

      (c)  "Electronic information services" means providing       8,293        

access to computer equipment by means of telecommunications        8,294        

equipment for the purpose of either of the following:              8,295        

      (i)  Examining or acquiring data stored in or accessible to  8,297        

the computer equipment;                                            8,298        

      (ii)  Placing data into the computer equipment to be         8,300        

retrieved by designated recipients with access to the computer     8,301        

equipment.                                                         8,302        

      (d)  "Automatic data processing, computer services, or       8,304        

electronic information services" shall not include personal or     8,305        

professional services.                                             8,306        

      (2)  As used in divisions (B)(3)(e) and (Y)(1) of this       8,308        

section, "personal and professional services" means all services   8,309        

other than automatic data processing, computer services, or        8,310        

electronic information services, including but not limited to:     8,311        

      (a)  Accounting and legal services such as advice on tax     8,313        

                                                          193    

                                                                 
matters, asset management, budgetary matters, quality control,     8,314        

information security, and auditing and any other situation where   8,315        

the service provider receives data or information and studies,     8,316        

alters, analyzes, interprets, or adjusts such material;            8,317        

      (b)  Analyzing business policies and procedures;             8,319        

      (c)  Identifying management information needs;               8,321        

      (d)  Feasibility studies including economic and technical    8,323        

analysis of existing or potential computer hardware or software    8,324        

needs and alternatives;                                            8,325        

      (e)  Designing policies, procedures, and custom software     8,327        

for collecting business information, and determining how data      8,328        

should be summarized, sequenced, formatted, processed, controlled  8,329        

and reported so that it will be meaningful to management;          8,330        

      (f)  Developing policies and procedures that document how    8,332        

business events and transactions are to be authorized, executed,   8,333        

and controlled;                                                    8,334        

      (g)  Testing of business procedures;                         8,336        

      (h)  Training personnel in business procedure applications;  8,338        

      (i)  Providing credit information to users of such           8,340        

information by a consumer reporting agency, as defined in the      8,341        

"Fair Credit Reporting Act," 84 Stat. 1114, 1129 (1970), 15        8,342        

U.S.C. 1681a(f), or as hereafter amended, including but not        8,343        

limited to gathering, organizing, analyzing, recording, and        8,344        

furnishing such information by any oral, written, graphic, or      8,345        

electronic medium;                                                 8,346        

      (j)  Providing debt collection services by any oral,         8,348        

written, graphic, or electronic means.                             8,349        

      The services listed in divisions (Y)(2)(a) to (j) of this    8,351        

section are not automatic data processing or computer services.    8,352        

      (Z)  "Highway transportation for hire" means the             8,354        

transportation of personal property belonging to others for        8,355        

consideration by any of the following:                             8,356        

      (1)  The holder of a permit or certificate issued by this    8,358        

state or the United States authorizing the holder to engage in     8,359        

                                                          194    

                                                                 
transportation of personal property belonging to others for        8,360        

consideration over or on highways, roadways, streets, or any       8,361        

similar public thoroughfare;                                       8,362        

      (2)  A person who engages in the transportation of personal  8,364        

property belonging to others for consideration over or on          8,365        

highways, roadways, streets, or any similar public thoroughfare    8,366        

but who could not have engaged in such transportation on December  8,367        

11, 1985, unless the person was the holder of a permit or          8,368        

certificate of the types described in division (Z)(1) of this      8,369        

section;                                                                        

      (3)  A person who leases a motor vehicle to and operates it  8,371        

for a person described by division (Z)(1) or (2) of this section.  8,372        

      (AA)  "Telecommunications service" means the transmission    8,374        

of any interactive, two-way electromagnetic communications,        8,375        

including voice, image, data, and information, through the use of  8,376        

any medium such as wires, cables, microwaves, cellular radio,      8,377        

radio waves, light waves, or any combination of those or similar   8,378        

media.  "Telecommunications service" includes message toll         8,379        

service even though the vendor provides the message toll service   8,380        

by means of wide area transmission type service or private         8,381        

communications service purchased from another telecommunications   8,382        

service provider, but does not include any of the following:       8,383        

      (1)  Sales of incoming or outgoing wide area transmission    8,385        

service or wide area transmission type service, including eight    8,386        

hundred or eight-hundred-type service, to the person contracting   8,387        

for the receipt of that service;                                   8,388        

      (2)  Sales of private communications service to the person   8,390        

contracting for the receipt of that service that entitles the      8,391        

purchaser to exclusive or priority use of a communications         8,392        

channel or group of channels between exchanges;                    8,393        

      (3)  Sales of telecommunications service by companies        8,395        

subject to the excise tax imposed by Chapter 5727. of the Revised  8,396        

Code;                                                              8,397        

      (4)  Sales of telecommunications service to a provider of    8,399        

                                                          195    

                                                                 
telecommunications service, including access services, for use in  8,400        

providing telecommunications service;                              8,401        

      (5)  Value added nonvoice services in which computer         8,403        

processing applications are used to act on the form, content,      8,404        

code, or protocol of the information to be transmitted;            8,405        

      (6)  Transmission of interactive video programming by a      8,407        

cable television system as defined in section 505.90 of the        8,408        

Revised Code.                                                      8,409        

      (BB)  "Industrial laundry cleaning services" means removing  8,411        

soil or dirt from or supplying towels, linens, or articles of      8,412        

clothing that belong to others and are used in a trade or          8,413        

business.                                                          8,414        

      (CC)  "Magazines distributed as controlled circulation       8,416        

publications" means magazines containing at least twenty-four      8,417        

pages, at least twenty-five per cent editorial content, issued at  8,418        

regular intervals four or more times a year, and circulated        8,419        

without charge to the recipient, provided that such magazines are  8,420        

not owned or controlled by individuals or business concerns which  8,421        

conduct such publications as an auxiliary to, and essentially for  8,422        

the advancement of the main business or calling of, those who own  8,423        

or control them.                                                   8,424        

      (DD)  "Landscaping and lawn care service" means the          8,426        

services of planting, seeding, sodding, removing, cutting,         8,427        

trimming, pruning, mulching, aerating, applying chemicals,         8,428        

watering, fertilizing, and providing similar services to           8,429        

establish, promote, or control the growth of trees, shrubs,        8,430        

flowers, grass, ground cover, and other flora, or otherwise        8,431        

maintaining a lawn or landscape grown or maintained by the owner   8,432        

for ornamentation or other nonagricultural purpose.  However,      8,433        

"landscaping and lawn care service" does not include the           8,434        

providing of such services by a person who has less than five      8,435        

thousand dollars in sales of such services during the calendar     8,436        

year.                                                              8,437        

      (EE)  "Private investigation and security service" means     8,439        

                                                          196    

                                                                 
the performance of any activity for which the provider of such     8,440        

service is required to be licensed pursuant to Chapter 4749. of    8,441        

the Revised Code, or would be required to be so licensed in        8,442        

performing such services in this state, and also includes the      8,443        

services of conducting polygraph examinations and of monitoring    8,444        

or overseeing the activities on or in, or the condition of, the    8,445        

consumer's home, business, or other facility by means of           8,446        

electronic or similar monitoring devices.  "Private investigation  8,447        

and security service" does not include special duty services       8,448        

provided by off-duty police officers, deputy sheriffs, and other   8,449        

peace officers regularly employed by the state or a political      8,450        

subdivision.                                                       8,451        

      (FF)  "Information services" means providing conversation,   8,453        

giving consultation or advice, playing or making a voice or other  8,454        

recording, making or keeping a record of the number of callers,    8,455        

and any other service provided to a consumer by means of a nine    8,456        

hundred telephone call, except when the nine hundred telephone     8,457        

call is the means by which the consumer makes a contribution to a  8,458        

recognized charity.                                                8,459        

      (GG)  "Research and development" means designing, creating,  8,461        

or formulating new or enhanced products, equipment, or             8,462        

manufacturing processes, and conducting scientific or              8,463        

technological inquiry and experimentation in the physical          8,464        

sciences with the goal of increasing scientific knowledge which    8,465        

may reveal the bases for new or enhanced products, equipment, or   8,466        

manufacturing processes.                                           8,467        

      (HH)  "Qualified research and development equipment" means   8,469        

capitalized tangible personal property, and leased personal        8,470        

property that would be capitalized if purchased, used by a person  8,471        

primarily to perform research and development.  Tangible personal  8,472        

property primarily used in testing, as defined in division (A)(4)  8,473        

of section 5739.011 of the Revised Code, or used for recording or  8,474        

storing test results, is not qualified research and development    8,475        

equipment unless such property is primarily used by the consumer   8,476        

                                                          197    

                                                                 
in testing the product, equipment, or manufacturing process being  8,477        

created, designed, or formulated by the consumer in the research   8,478        

and development activity or in recording or storing such test      8,479        

results.                                                           8,480        

      (II)  "Building maintenance and janitorial service" means    8,482        

cleaning the interior or exterior of a building and any tangible   8,483        

personal property located therein or thereon, including any        8,484        

services incidental to such cleaning for which no separate charge  8,485        

is made.  However, "building maintenance and janitorial service"   8,486        

does not include the providing of such service by a person who     8,487        

has less than five thousand dollars in sales of such service       8,488        

during the calendar year.                                          8,489        

      (JJ)  "Employment service" means providing or supplying      8,491        

personnel, on a temporary or long-term basis, to perform work or   8,492        

labor under the supervision or control of another, when the        8,493        

personnel so supplied receive their wages, salary, or other        8,494        

compensation from the provider of the service.  "Employment        8,495        

service" does not include:                                         8,496        

      (1)  Acting as a contractor or subcontractor, where the      8,498        

personnel performing the work are not under the direct control of  8,499        

the purchaser.                                                     8,500        

      (2)  Medical and health care services.                       8,502        

      (3)  Supplying personnel to a purchaser pursuant to a        8,504        

contract of at least one year between the service provider and     8,505        

the purchaser that specifies that each employee covered under the  8,506        

contract is assigned to the purchaser on a permanent basis.        8,507        

      (4)  Transactions between members of an affiliated group,    8,509        

as defined in division (B)(3)(e) of this section.                  8,510        

      (KK)  "Employment placement service" means locating or       8,512        

finding employment for a person or finding or locating an          8,513        

employee to fill an available position.                            8,514        

      (LL)  "Exterminating service" means eradicating or           8,516        

attempting to eradicate vermin infestations from a building or     8,517        

structure, or the area surrounding a building or structure, and    8,518        

                                                          198    

                                                                 
includes activities to inspect, detect, or prevent vermin          8,519        

infestation of a building or structure.                            8,520        

      (MM)  "Physical fitness facility service" means all          8,522        

transactions by which a membership is granted, maintained, or      8,523        

renewed, including initiation fees, membership dues, renewal       8,524        

fees, monthly minimum fees, and other similar fees and dues, by a  8,525        

physical fitness facility such as an athletic club, health spa,    8,526        

or gymnasium, which entitles the member to use the facility for    8,527        

physical exercise.                                                 8,528        

      (NN)  "Recreation and sports club service" means all         8,530        

transactions by which a membership is granted, maintained, or      8,531        

renewed, including initiation fees, membership dues, renewal       8,532        

fees, monthly minimum fees, and other similar fees and dues, by a  8,533        

recreation and sports club, which entitles the member to use the   8,534        

facilities of the organization.  "Recreation and sports club"      8,535        

means an organization that has ownership of, or controls or        8,536        

leases on a continuing, long-term basis, the facilities used by    8,537        

its members and includes an aviation club, gun or shooting club,   8,538        

yacht club, card club, swimming club, tennis club, golf club,      8,539        

country club, riding club, amateur sports club, or similar         8,540        

organization.                                                      8,541        

      (OO)  "Livestock" means farm animals commonly raised for     8,543        

food or food production, and includes but is not limited to        8,544        

cattle, sheep, goats, swine, and poultry.  "Livestock" does not    8,545        

include invertebrates, fish, amphibians, reptiles, horses,         8,546        

domestic pets, animals for use in laboratories or for exhibition,  8,547        

or other animals not commonly raised for food or food production.  8,548        

      (PP)  "Livestock structure" means a building or structure    8,550        

used exclusively for the housing, raising, feeding, or sheltering  8,551        

of livestock, and includes feed storage or handling structures     8,552        

and structures for livestock waste handling.                       8,553        

      (QQ)  "Horticulture" means the growing, cultivation, and     8,555        

production of flowers, fruits, herbs, vegetables, sod, mushrooms,  8,556        

and nursery stock.  As used in this division, "nursery stock" has  8,557        

                                                          199    

                                                                 
the same meaning as in section 927.51 of the Revised Code.         8,558        

      (RR)  "Horticulture structure" means a building or           8,560        

structure used exclusively for the commercial growing, raising,    8,561        

or overwintering of horticultural products, and includes the area  8,562        

used for stocking, storing, and packing horticultural products     8,563        

when done in conjunction with the production of those products.    8,564        

      (SS)  "Newspaper" means an unbound publication bearing a     8,566        

title or name that is regularly published, at least as frequently  8,567        

as biweekly, and distributed from a fixed place of business to     8,568        

the public in a specific geographic area, and that contains a      8,569        

substantial amount of news matter of international, national, or   8,570        

local events of interest to the general public.                                 

      (TT)  "MANUFACTURED HOME" HAS THE SAME MEANING AS IN         8,572        

DIVISION (C)(4) OF SECTION 3781.06 OF THE REVISED CODE AND         8,573        

"MOBILE HOME" HAS THE SAME MEANING AS IN DIVISION (O) OF SECTION   8,574        

4501.01 OF THE REVISED CODE.                                                    

      FOR PURPOSES OF THIS CHAPTER AND CHAPTER 5741. OF THE        8,576        

REVISED CODE, A MANUFACTURED OR MOBILE HOME SHALL NOT BE           8,578        

CONSIDERED A MOTOR VEHICLE.                                                     

      Sec. 5739.02.  For the purpose of providing revenue with     8,587        

which to meet the needs of the state, for the use of the general   8,588        

revenue fund of the state, for the purpose of securing a thorough  8,589        

and efficient system of common schools throughout the state, and   8,590        

for the purpose of affording revenues, in addition to those from   8,591        

general property taxes, permitted under constitutional             8,592        

limitations, and from other sources, for the support of local      8,593        

governmental functions, and for the purpose of reimbursing the     8,594        

state for the expense of administering this chapter, an excise     8,595        

tax is hereby levied on each retail sale made in this state.       8,596        

      (A)  The tax shall be collected pursuant to the schedules    8,598        

in section 5739.025 of the Revised Code.                           8,599        

      The tax applies and is collectible when the sale is made,    8,601        

regardless of the time when the price is paid or delivered.        8,602        

      In the case of a sale, the price of which consists in whole  8,604        

                                                          200    

                                                                 
or in part of rentals for the use of the thing transferred, the    8,605        

tax, as regards such rentals, shall be measured by the             8,606        

installments thereof.                                              8,607        

      In the case of a sale of a service defined under division    8,609        

(MM) or (NN) of section 5739.01 of the Revised Code, the price of  8,610        

which consists in whole or in part of a membership for the         8,611        

receipt of the benefit of the service, the tax applicable to the   8,612        

sale shall be measured by the installments thereof.                8,613        

      (B)  The tax does not apply to the following:                8,615        

      (1)  Sales to the state or any of its political              8,617        

subdivisions, or to any other state or its political subdivisions  8,618        

if the laws of that state exempt from taxation sales made to this  8,619        

state and its political subdivisions;                              8,620        

      (2)  Sales of food for human consumption off the premises    8,622        

where sold;                                                        8,623        

      (3)  Sales of food sold to students only in a cafeteria,     8,625        

dormitory, fraternity, or sorority maintained in a private,        8,626        

public, or parochial school, college, or university;               8,627        

      (4)  Sales of newspapers, and of magazine subscriptions      8,629        

shipped by second class mail, and sales or transfers of magazines  8,630        

distributed as controlled circulation publications;                8,631        

      (5)  The furnishing, preparing, or serving of meals without  8,633        

charge by an employer to an employee provided the employer         8,634        

records the meals as part compensation for services performed or   8,635        

work done;                                                         8,636        

      (6)  Sales of motor fuel upon receipt, use, distribution,    8,639        

or sale of which in this state a tax is imposed by the law of      8,640        

this state, but this exemption shall not apply to the sale of      8,641        

motor fuel on which a refund of the tax is allowable under         8,642        

section 5735.14 of the Revised Code; and the tax commissioner may  8,643        

deduct the amount of tax levied by this section applicable to the  8,644        

price of motor fuel when granting a refund of motor fuel tax       8,645        

pursuant to section 5735.14 of the Revised Code and shall cause    8,646        

the amount deducted to be paid into the general revenue fund of    8,647        

                                                          201    

                                                                 
this state;                                                                     

      (7)  Sales of natural gas by a natural gas company, of       8,649        

electricity by an electric company, of water by a water-works      8,650        

company, or of steam by a heating company, if in each case the     8,651        

thing sold is delivered to consumers through wires, pipes, or      8,652        

conduits, and all sales of communications services by a telephone  8,653        

or telegraph company, all terms as defined in section 5727.01 of   8,654        

the Revised Code;                                                  8,655        

      (8)  Casual sales by a person, or auctioneer employed        8,657        

directly by the person to conduct such sales, except as to such    8,659        

sales of motor vehicles, watercraft or outboard motors required    8,660        

to be titled under section 1548.06 of the Revised Code,            8,661        

watercraft documented with the United States coast guard,          8,662        

snowmobiles, AND all-purpose vehicles as defined in section        8,663        

4519.01 of the Revised Code, and manufactured homes;               8,664        

      (9)  Sales of services or tangible personal property, other  8,666        

than motor vehicles, MOBILE HOMES, and manufactured homes, by      8,668        

churches or by nonprofit organizations operated exclusively for    8,669        

charitable purposes as defined in division (B)(12) of this         8,670        

section, provided that the number of days on which such tangible   8,671        

personal property or services, other than items never subject to   8,672        

the tax, are sold does not exceed six in any calendar year.  If    8,673        

the number of days on which such sales are made exceeds six in     8,674        

any calendar year, the church or organization shall be considered  8,675        

to be engaged in business and all subsequent sales by it shall be  8,676        

subject to the tax.  In counting the number of days, all sales by  8,677        

groups within a church or within an organization shall be          8,678        

considered to be sales of that church or organization, except      8,679        

that sales made by separate student clubs and other groups of      8,680        

students of a primary or secondary school, and sales made by a     8,681        

parent-teacher association, booster group, or similar              8,682        

organization that raises money to support or fund curricular or    8,683        

extracurricular activities of a primary or secondary school,       8,684        

shall not be considered to be sales of such school and sales by    8,685        

                                                          202    

                                                                 
each such club, group, association, or organization shall be       8,686        

counted separately for purposes of the six-day limitation.  This   8,687        

division does not apply to sales by a noncommercial educational    8,688        

radio or television broadcasting station.                          8,689        

      (10)  Sales not within the taxing power of this state under  8,691        

the Constitution of the United States;                             8,692        

      (11)  The transportation of persons or property, unless the  8,694        

transportation is by a private investigation and security          8,695        

service;                                                           8,696        

      (12)  Sales of tangible personal property or services to     8,698        

churches, to organizations exempt from taxation under section      8,699        

501(c)(3) of the Internal Revenue Code of 1986, and to any other   8,700        

nonprofit organizations operated exclusively for charitable        8,701        

purposes in this state, no part of the net income of which inures  8,702        

to the benefit of any private shareholder or individual, and no    8,703        

substantial part of the activities of which consists of carrying   8,704        

on propaganda or otherwise attempting to influence legislation;    8,705        

sales to offices administering one or more homes for the aged or   8,706        

one or more hospital facilities exempt under section 140.08 of     8,707        

the Revised Code; and sales to organizations described in          8,708        

division (D) of section 5709.12 of the Revised Code.               8,709        

      "Charitable purposes" means the relief of poverty, the       8,711        

improvement of health through the alleviation of illness,          8,712        

disease, or injury, the operation of an organization exclusively   8,713        

for the provision of professional, laundry, printing, and          8,714        

purchasing services to hospitals or charitable institutions, the   8,715        

operation of a home for the aged, as defined in section 5701.13    8,716        

of the Revised Code, the operation of a radio or television        8,717        

broadcasting station that is licensed by the federal               8,718        

communications commission as a noncommercial educational radio or  8,719        

television station, the operation of a nonprofit animal adoption   8,720        

service or a county humane society, the promotion of education by  8,721        

an institution of learning that maintains a faculty of qualified   8,723        

instructors, teaches regular continuous courses of study, and      8,724        

                                                          203    

                                                                 
confers a recognized diploma upon completion of a specific         8,725        

curriculum, the operation of a parent teacher association,         8,726        

booster group, or similar organization primarily engaged in the    8,727        

promotion and support of the curricular or extracurricular         8,728        

activities of a primary or secondary school, the operation of a    8,729        

community or area center in which presentations in music,          8,730        

dramatics, the arts, and related fields are made in order to       8,731        

foster public interest and education therein, the production of    8,732        

performances in music, dramatics, and the arts, or the promotion   8,733        

of education by an organization engaged in carrying on research    8,734        

in, or the dissemination of scientific and technological           8,735        

knowledge and information primarily for the public.                8,736        

      Nothing in this division shall be deemed to exempt sales to  8,738        

any organization for use in the operation or carrying on of a      8,739        

trade or business, or sales to a home for the aged for use in the  8,740        

operation of independent living facilities as defined in division  8,741        

(A) of section 5709.12 of the Revised Code.                        8,742        

      (13)  Building and construction materials and services sold  8,744        

to construction contractors for incorporation into a structure or  8,745        

improvement to real property under a construction contract with    8,746        

this state or a political subdivision thereof, or with the United  8,747        

States government or any of its agencies; building and             8,748        

construction materials and services sold to construction           8,749        

contractors for incorporation into a structure or improvement to   8,750        

real property that are accepted for ownership by this state or     8,752        

any of its political subdivisions, or by the United States         8,753        

government or any of its agencies at the time of completion of     8,754        

such structures or improvements; building and construction         8,755        

materials sold to construction contractors for incorporation into  8,756        

a horticulture structure or livestock structure for a person       8,757        

engaged in the business of horticulture or producing livestock;    8,758        

building materials and services sold to a construction contractor  8,759        

for incorporation into a house of public worship or religious      8,760        

education, or a building used exclusively for charitable purposes  8,761        

                                                          204    

                                                                 
under a construction contract with an organization whose purpose   8,762        

is as described in division (B)(12) of this section; building and  8,763        

construction materials sold for incorporation into the original    8,764        

construction of a sports facility under section 307.696 of the     8,765        

Revised Code; and building and construction materials and          8,766        

services sold to a construction contractor for incorporation into  8,767        

real property outside this state if such materials and services,   8,768        

when sold to a construction contractor in the state in which the   8,769        

real property is located for incorporation into real property in   8,770        

that state, would be exempt from a tax on sales levied by that     8,771        

state;                                                             8,772        

      (14)  Sales of ships or vessels or rail rolling stock used   8,774        

or to be used principally in interstate or foreign commerce, and   8,775        

repairs, alterations, fuel, and lubricants for such ships or       8,776        

vessels or rail rolling stock;                                     8,777        

      (15)  Sales to persons engaged in any of the activities      8,779        

mentioned in division (E)(2) or (9) of section 5739.01 of the      8,780        

Revised Code, to persons engaged in making retail sales, or to     8,781        

persons who purchase for sale from a manufacturer tangible         8,782        

personal property that was produced by the manufacturer in         8,783        

accordance with specific designs provided by the purchaser, of     8,784        

packages, including material and parts for packages, and of        8,785        

machinery, equipment, and material for use primarily in packaging  8,786        

tangible personal property produced for sale by or on the order    8,787        

of the person doing the packaging, or sold at retail.  "Packages"  8,788        

includes bags, baskets, cartons, crates, boxes, cans, bottles,     8,789        

bindings, wrappings, and other similar devices and containers,     8,790        

and "packaging" means placing therein.                             8,791        

      (16)  Sales of food to persons using food stamp coupons to   8,793        

purchase the food.  As used in division (B)(16) of this section,   8,794        

"food" has the same meaning as in the "Food Stamp Act of 1977,"    8,795        

91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations   8,796        

adopted pursuant to that act.                                      8,797        

      (17)  Sales to persons engaged in farming, agriculture,      8,799        

                                                          205    

                                                                 
horticulture, or floriculture, of tangible personal property for   8,800        

use or consumption directly in the production by farming,          8,801        

agriculture, horticulture, or floriculture of other tangible       8,802        

personal property for use or consumption directly in the           8,803        

production of tangible personal property for sale by farming,      8,804        

agriculture, horticulture, or floriculture; or material and parts  8,805        

for incorporation into any such tangible personal property for     8,806        

use or consumption in production; and of tangible personal         8,807        

property for such use or consumption in the conditioning or        8,808        

holding of products produced by and for such use, consumption, or  8,809        

sale by persons engaged in farming, agriculture, horticulture, or  8,810        

floriculture, except where such property is incorporated into      8,811        

real property;                                                     8,812        

      (18)  Sales of drugs dispensed by a registered pharmacist    8,814        

upon the order of a practitioner licensed to prescribe, dispense,  8,815        

and administer drugs to a human being in the course of the         8,816        

professional practice; insulin as recognized in the official       8,817        

United States pharmacopoeia; urine and blood testing materials     8,818        

when used by diabetics or persons with hypoglycemia to test for    8,819        

glucose or acetone; hypodermic syringes and needles when used by   8,820        

diabetics for insulin injections; epoetin alfa when purchased for  8,821        

use in the treatment of persons with end-stage renal disease;      8,822        

hospital beds when purchased for use by persons with medical       8,824        

problems for medical purposes; and oxygen and oxygen-dispensing    8,825        

equipment when purchased for use by persons with medical problems  8,826        

for medical purposes;                                                           

      (19)  Sales of artificial limbs or portion thereof, breast   8,828        

prostheses, and other prosthetic devices for humans; braces or     8,829        

other devices for supporting weakened or nonfunctioning parts of   8,830        

the human body; wheelchairs; devices used to lift wheelchairs      8,831        

into motor vehicles and parts and accessories to such devices;     8,832        

crutches or other devices to aid human perambulation; and items    8,833        

of tangible personal property used to supplement impaired          8,834        

functions of the human body such as respiration, hearing, or       8,835        

                                                          206    

                                                                 
elimination.  No exemption under this division shall be allowed    8,836        

for nonprescription drugs, medicines, or remedies; items or        8,837        

devices used to supplement vision; items or devices whose          8,838        

function is solely or primarily cosmetic; or physical fitness      8,839        

equipment.  This division does not apply to sales to a physician   8,840        

or medical facility for use in the treatment of a patient.         8,841        

      (20)  Sales of emergency and fire protection vehicles and    8,843        

equipment to nonprofit organizations for use solely in providing   8,844        

fire protection and emergency services for political subdivisions  8,845        

of the state;                                                      8,846        

      (21)  Sales of tangible personal property, manufactured in   8,848        

this state, if sold by the manufacturer in this state to a         8,849        

retailer for use in the retail business of the retailer outside    8,850        

of this state and if possession is taken from the manufacturer by  8,852        

the purchaser within this state for the sole purpose of            8,853        

immediately removing the same from this state in a vehicle owned   8,854        

by the purchaser;                                                               

      (22)  Sales of services provided by the state or any of its  8,856        

political subdivisions, agencies, instrumentalities,               8,857        

institutions, or authorities, or by governmental entities of the   8,858        

state or any of its political subdivisions, agencies,              8,859        

instrumentalities, institutions, or authorities;                   8,860        

      (23)  Sales of motor vehicles to nonresidents of this state  8,862        

upon the presentation of an affidavit executed in this state by    8,863        

the nonresident purchaser affirming that the purchaser is a        8,864        

nonresident of this state, that possession of the motor vehicle    8,865        

is taken in this state for the sole purpose of immediately         8,866        

removing it from this state, that the motor vehicle will be        8,867        

permanently titled and registered in another state, and that the   8,868        

motor vehicle will not be used in this state;                      8,869        

      (24)  Sales to persons engaged in the preparation of eggs    8,871        

for sale of tangible personal property used or consumed directly   8,872        

in such preparation, including such tangible personal property     8,873        

used for cleaning, sanitizing, preserving, grading, sorting, and   8,874        

                                                          207    

                                                                 
classifying by size; packages, including material and parts for    8,875        

packages, and of machinery, equipment, and material for use in     8,876        

packaging eggs for sale; and handling and transportation           8,877        

equipment and parts therefor, except motor vehicles licensed to    8,878        

operate on public highways, used in intraplant or interplant       8,879        

transfers or shipment of eggs in the process of preparation for    8,880        

sale, when the plant or plants within or between which such        8,881        

transfers or shipments occur are operated by the same person.      8,882        

"Packages" includes containers, cases, baskets, flats, fillers,    8,883        

filler flats, cartons, closure materials, labels, and labeling     8,884        

materials, and "packaging" means placing therein.                  8,885        

      (25)(a)  Sales of water to a consumer for residential use,   8,887        

except the sale of bottled water, distilled water, mineral water,  8,888        

carbonated water, or ice;                                          8,889        

      (b)  Sales of water by a nonprofit corporation engaged       8,891        

exclusively in the treatment, distribution, and sale of water to   8,892        

consumers, if such water is delivered to consumers through pipes   8,893        

or tubing.                                                         8,894        

      (26)  Fees charged for inspection or reinspection of motor   8,896        

vehicles under section 3704.14 of the Revised Code;                8,897        

      (27)  Sales of solar, wind, or hydrothermal energy systems   8,899        

that meet the guidelines established under division (B) of         8,900        

section 1551.20 of the Revised Code, components of such systems    8,901        

that are identified under division (B) or (D) of that section, or  8,902        

charges for the installation of such systems or components, made   8,903        

during the period from August 14, 1979, through December 31,       8,904        

1985;                                                              8,905        

      (28)  Sales to persons licensed to conduct a food service    8,907        

operation pursuant to section 3732.03 of the Revised Code, of      8,908        

tangible personal property primarily used directly for the         8,909        

following:                                                                      

      (a)  To prepare food for human consumption for sale;         8,911        

      (b)  To preserve food that has been or will be prepared for  8,914        

human consumption for sale by the food service operator, not                    

                                                          208    

                                                                 
including tangible personal property used to display food for      8,915        

selection by the consumer;                                         8,916        

      (c)  To clean tangible personal property used to prepare or  8,918        

serve food for human consumption for sale.                         8,919        

      (29)  Sales of animals by nonprofit animal adoption          8,921        

services or county humane societies;                               8,922        

      (30)  Sales of services to a corporation described in        8,924        

division (A) of section 5709.72 of the Revised Code, and sales of  8,925        

tangible personal property that qualifies for exemption from       8,926        

taxation under section 5709.72 of the Revised Code;                8,927        

      (31)  Sales and installation of agricultural land tile, as   8,929        

defined in division (B)(5)(a) of section 5739.01 of the Revised    8,930        

Code;                                                              8,931        

      (32)  Sales and erection or installation of portable grain   8,933        

bins, as defined in division (B)(5)(b) of section 5739.01 of the   8,934        

Revised Code;                                                      8,935        

      (33)  The sale, lease, repair, and maintenance of; parts     8,937        

for; or items attached to or incorporated in motor vehicles that   8,938        

are primarily used for transporting tangible personal property by  8,939        

a person engaged in highway transportation for hire;               8,940        

      (34)  Sales to the state headquarters of any veterans'       8,942        

organization in Ohio that is either incorporated and issued a      8,943        

charter by the congress of the United States or is recognized by   8,944        

the United States veterans administration, for use by the          8,945        

headquarters;                                                      8,946        

      (35)  Sales to a telecommunications service vendor of        8,948        

tangible personal property and services used directly and          8,949        

primarily in transmitting, receiving, switching, or recording any  8,950        

interactive, two-way electromagnetic communications, including     8,951        

voice, image, data, and information, through the use of any        8,952        

medium, including, but not limited to, poles, wires, cables,       8,953        

switching equipment, computers, and record storage devices and     8,954        

media, and component parts for the tangible personal property.     8,955        

The exemption provided in division (B)(35) of this section shall   8,956        

                                                          209    

                                                                 
be in lieu of all other exceptions under division (E)(2) of        8,957        

section 5739.01 of the Revised Code to which a telecommunications  8,958        

service vendor may otherwise be entitled based upon the use of     8,959        

the thing purchased in providing the telecommunications service.   8,960        

      (36)  Sales of investment metal bullion and investment       8,962        

coins.  "Investment metal bullion" means any elementary precious   8,963        

metal that has been put through a process of smelting or           8,964        

refining, including, but not limited to, gold, silver, platinum,   8,965        

and palladium, and which is in such state or condition that its    8,966        

value depends upon its content and not upon its form.              8,967        

"Investment metal bullion" does not include fabricated precious    8,968        

metal that has been processed or manufactured for one or more      8,970        

specific and customary industrial, professional, or artistic       8,971        

uses.  "Investment coins" means numismatic coins or other forms    8,972        

of money and legal tender manufactured of gold, silver, platinum,  8,973        

palladium, or other metal under the laws of the United States or   8,974        

any foreign nation with a fair market value greater than any       8,975        

statutory or nominal value of such coins.                          8,976        

      (37)(a)  Sales where the purpose of the consumer is to use   8,978        

or consume the things transferred in making retail sales and       8,979        

consisting of newspaper inserts, catalogues, coupons, flyers,      8,980        

gift certificates, or other advertising material that prices and   8,982        

describes tangible personal property offered for retail sale.      8,983        

      (b)  Sales to direct marketing vendors of preliminary        8,985        

materials such as photographs, artwork, and typesetting that will  8,986        

be used in printing advertising material; of printed matter that   8,987        

offers free merchandise or chances to win sweepstake prizes and    8,988        

that is mailed to potential customers with advertising material    8,989        

described in division (B)(37)(a) of this section; and of           8,990        

equipment such as telephones, computers, facsimile machines, and   8,991        

similar tangible personal property primarily used to accept        8,992        

orders for direct marketing retail sales.                          8,993        

      (c)  Sales of automatic food vending machines that preserve  8,995        

food with a shelf life of forty-five days or less by               8,996        

                                                          210    

                                                                 
refrigeration and dispense it to the consumer.                     8,997        

      For purposes of division (B)(37) of this section, "direct    8,999        

marketing" means the method of selling where consumers order       9,000        

tangible personal property by United States mail, delivery         9,001        

service, or telecommunication and the vendor delivers or ships     9,002        

the tangible personal property sold to the consumer from a         9,003        

warehouse, catalogue distribution center, or similar fulfillment   9,004        

facility by means of the United States mail, delivery service, or  9,005        

common carrier.                                                    9,006        

      (38)  Sales to a person engaged in the business of           9,008        

horticulture or producing livestock of materials to be             9,009        

incorporated into a horticulture structure or livestock            9,010        

structure;                                                         9,011        

      (39)  The sale of a motor vehicle that is used exclusively   9,013        

for a vanpool ridesharing arrangement to persons participating in  9,014        

the vanpool ridesharing arrangement when the vendor is selling     9,015        

the vehicle pursuant to a contract between the vendor and the      9,016        

department of transportation;                                                   

      (40)  SALES OF MANUFACTURED AND MOBILE HOMES THAT HAVE       9,018        

ACQUIRED SITUS IN THIS STATE.                                      9,019        

      For the purpose of the proper administration of this         9,021        

chapter, and to prevent the evasion of the tax, it is presumed     9,022        

that all sales made in this state are subject to the tax until     9,023        

the contrary is established.                                       9,024        

      As used in this section, except in division (B)(16) of this  9,026        

section, "food" includes cereals and cereal products, milk and     9,027        

milk products including ice cream, meat and meat products, fish    9,028        

and fish products, eggs and egg products, vegetables and           9,029        

vegetable products, fruits, fruit products, and pure fruit         9,030        

juices, condiments, sugar and sugar products, coffee and coffee    9,031        

substitutes, tea, and cocoa and cocoa products.  It does not       9,032        

include:  spirituous or malt liquors; soft drinks; sodas and       9,033        

beverages that are ordinarily dispensed at bars and soda           9,034        

fountains or in connection therewith other than coffee, tea, and   9,035        

                                                          211    

                                                                 
cocoa; root beer and root beer extracts; malt and malt extracts;   9,036        

mineral oils, cod liver oils, and halibut liver oil; medicines,    9,037        

including tonics, vitamin preparations, and other products sold    9,038        

primarily for their medicinal properties; and water, including     9,039        

mineral, bottled, and carbonated waters and ice.                   9,040        

      (C)  The levy of an excise tax on transactions by which      9,042        

lodging by a hotel is or is to be furnished to transient guests    9,043        

pursuant to this section and division (B) of section 5739.01 of    9,044        

the Revised Code does not prevent any of the following:            9,045        

      (1)  A municipal corporation or township from levying an     9,047        

excise tax for any lawful purpose not to exceed three per cent on  9,048        

transactions by which lodging by a hotel is or is to be furnished  9,049        

to transient guests in addition to the tax levied by this          9,050        

section.  If a municipal corporation or township repeals a tax     9,051        

imposed under division (C)(1) of this section and a county in      9,052        

which the municipal corporation or township has territory has a    9,053        

tax imposed under division (C) of section 5739.024 of the Revised  9,054        

Code in effect, the municipal corporation or township may not      9,055        

reimpose its tax as long as that county tax remains in effect.  A  9,056        

municipal corporation or township in which a tax is levied under   9,057        

division (B)(2) of section 351.021 of the Revised Code may not     9,058        

increase the rate of its tax levied under division (C)(1) of this  9,059        

section to any rate that would cause the total taxes levied under  9,060        

both of those divisions to exceed three per cent on any lodging    9,061        

transaction within the municipal corporation or township.          9,062        

      (2)  A municipal corporation or a township from levying an   9,064        

additional excise tax not to exceed three per cent on such         9,065        

transactions pursuant to division (B) of section 5739.024 of the   9,066        

Revised Code.  Such tax is in addition to any tax imposed under    9,067        

division (C)(1) of this section.                                   9,068        

      (3)  A county from levying an excise tax not to exceed       9,070        

three per cent of such transactions pursuant to division (A) of    9,071        

section 5739.024 of the Revised Code.                              9,072        

      (4)  A county from levying an excise tax not to exceed       9,074        

                                                          212    

                                                                 
three per cent of such transactions pursuant to division (C) of    9,075        

section 5739.024 of the Revised Code.  Such a tax is in addition   9,076        

to any tax imposed under division (C)(3) of this section.          9,077        

      (5)  A convention facilities authority, as defined in        9,079        

division (A) of section 351.01 of the Revised Code, from levying   9,080        

the excise taxes provided for in division (B) of section 351.021   9,081        

of the Revised Code.                                               9,082        

      (6)  A county from levying an excise tax not to exceed one   9,084        

and one-half per cent of such transactions pursuant to division    9,085        

(D) of section 5739.024 of the Revised Code.  Such tax is in       9,086        

addition to any tax imposed under division (C)(3) or (4) of this   9,087        

section.                                                           9,088        

      (7)  A county from levying an excise tax not to exceed one   9,090        

and one-half per cent of such transactions pursuant to division    9,091        

(E) of section 5739.024 of the Revised Code.  Such a tax is in     9,092        

addition to any tax imposed under division (C)(3), (4), or (6) of  9,093        

this section.                                                      9,094        

      (D)  The levy of this tax on retail sales of recreation and  9,096        

sports club service shall not prevent a municipal corporation      9,097        

from levying any tax on recreation and sports club dues or on any  9,098        

income generated by recreation and sports club dues.               9,099        

      Section 2.  That existing sections 303.21, 305.31, 319.202,  9,101        

319.302, 319.54, 321.261, 321.45, 322.01, 322.02, 322.021,         9,102        

322.03, 322.05, 322.99, 323.151, 323.152, 323.153, 323.154,        9,103        

323.155, 323.156, 323.31, 325.31, 519.21, 1151.349, 1345.71,       9,104        

1506.01, 1521.01, 1923.01, 3733.01, 3733.02, 3733.021, 3733.022,   9,105        

3733.025, 3733.06, 3733.101, 3733.11, 3733.19, 3781.06, 3781.07,   9,106        

3781.10, 3781.181, 3791.04, 4501.01, 4503.04, 4503.042, 4503.06,   9,107        

4503.061, 4503.062, 4503.063, 4503.064, 4503.065, 4503.066,        9,108        

4503.067, 4503.19, 4503.21, 4503.99, 4505.01, 4505.06, 4505.08,    9,109        

4505.11, 4505.20, 4511.701, 4517.01, 4517.03, 4517.30, 4703.18,    9,110        

4733.18, 4905.90, 5117.01, 5701.02, 5728.01, 5739.01, and 5739.02  9,112        

of the Revised Code are hereby repealed.                           9,113        

      Section 3.  Section 305.31 of the Revised Code is presented  9,116        

                                                          213    

                                                                 
in this act as a composite of the section as amended by both Am.   9,118        

Sub. S.B. 188 and Am. Sub. H.B. 99 of the 121st General Assembly,               

with the new language of neither of the acts shown in capital      9,120        

letters.  Section 319.302 of the Revised Code is presented in      9,121        

this act as a composite of the section as amended by both Sub.     9,123        

H.B. 462 and Am. Sub. H.B. 517 of the 121st General Assembly,                   

with the new language of neither of the acts shown in capital      9,125        

letters.  Section 3781.10 of the Revised Code is presented in      9,126        

this act as a composite of the section as amended by both Sub.     9,127        

H.B. 231 and Am. Sub. S.B. 162 of the 121st General Assembly,      9,129        

with the new language of neither of the acts shown in capital      9,130        

letters.  Section 4505.06 of the Revised Code is presented in      9,131        

this act as a composite of the section as amended by both Am.      9,132        

Sub. H.B. 353 and Am. Sub. S.B. 182 of the 121st General           9,134        

Assembly, with the new language of neither of the acts shown in    9,136        

capital letters.  This is in recognition of the principle stated   9,139        

in division (B) of section 1.52 of the Revised Code that such      9,140        

amendments are to be harmonized where not substantively            9,141        

irreconcilable and constitutes a legislative finding that such is  9,142        

the resulting version in effect prior to the effective date of     9,143        

this act.