As Reported by the Senate Energy, Natural Resources and Environment Committee

125th General Assembly
Regular Session
2003-2004
Am. Sub. H. B. No. 368


REPRESENTATIVES Gibbs, Aslanides, Allen, Collier, McGregor, Faber, Taylor, Domenick, C. Evans, Niehaus, Walcher, Setzer, Distel, Perry, Seaver, Barrett, Calvert, Carmichael, Chandler, Cirelli, Gilb, Grendell, Hughes, T. Patton, Reidelbach, Reinhard



A BILL
To amend sections 1901.184, 1907.032, 1923.01, 1
3701.83, 3709.085, 3709.09, 3733.01, 3733.02, 2
3733.021, 3733.023, 3733.03, 3733.031, 3733.04, 3
3733.05, 3733.06, 3733.07, 3733.081, 4503.06, 4
4736.01, 5321.01, and 6111.46; to amend, for the 5
purpose of adopting new section numbers as 6
indicated in parentheses, sections 3733.023 7
(3729.04), 3733.081 (3729.12), and 3733.082 8
(3729.13); and to enact sections 3729.01, 3729.02, 9
3729.03, 3729.05, 3729.06, 3729.07, 3729.08, 10
3729.09, 3729.10, 3729.11, and 3729.99 of the 11
Revised Code to create separate regulatory 12
programs for manufactured home parks and 13
recreational vehicle parks, recreation camps, 14
combined park-camps, and temporary park-camps.15


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

       Section 1. That sections 1901.184, 1907.032, 1923.01, 16
3701.83, 3709.085, 3709.09, 3733.01, 3733.02, 3733.021, 3733.023, 17
3733.03, 3733.031, 3733.04, 3733.05, 3733.06, 3733.07, 3733.081, 18
4503.06, 4736.01, 5321.01, and 6111.46 be amended, sections 19
3733.023 (3729.04), 3733.081 (3729.12), and 3733.082 (3729.13) be 20
amended for the purpose of adopting new section numbers as 21
indicated in parentheses, and sections 3729.01, 3729.02, 3729.03, 22
3729.05, 3729.06, 3729.07, 3729.08, 3729.09, 3729.10, 3729.11, and 23
3729.99 of the Revised Code be enacted to read as follows:24

       Sec. 1901.184. In addition to jurisdiction otherwise granted25
by this chapter, a municipal court shall have jurisdiction in26
actions filed under section 3733.0823729.13 of the Revised Code.27

       Sec. 1907.032. In addition to the jurisdiction authorized in28
other sections of this chapter, a county court has original29
jurisdiction in actions filed under section 3733.0823729.13 of 30
the Revised Code.31

       Sec. 1923.01.  (A) As provided in this chapter, any judge of32
a county or municipal court or a court of common pleas, within the33
judge's proper area of jurisdiction, may inquire about persons who34
make unlawful and forcible entry into lands or tenements and35
detain them, and about persons who make a lawful and peaceable36
entry into lands or tenements and hold them unlawfully and by37
force. If, upon the inquiry, it is found that an unlawful and38
forcible entry has been made and the lands or tenements are39
detained, or that, after a lawful entry, lands or tenements are40
held unlawfully and by force, a judge shall cause the plaintiff in41
an action under this chapter to have restitution of the lands or42
tenements.43

       (B) An action shall be brought under this chapter within two44
years after the cause of action accrues.45

       (C) As used in this chapter:46

       (1) "Tenant" means a person who is entitled under a rental47
agreement to the use or occupancy of premises, other than premises48
located in a manufactured home park, to the exclusion of others.49

       (2) "Landlord" means the owner, lessor, or sublessor of50
premises, or the agent or person the landlord authorizes to manage51
premises or to receive rent from a tenant under a rental52
agreement, except, if required by the facts of the action to which53
the term is applied, "landlord" means a park operator.54

       (3) "Park operator," "manufactured home," "mobile home,"55
"manufactured home park," "recreational vehicle," and "resident"56
have the same meanings as in section 3733.01 of the Revised Code.57

       (4) "Residential premises" has the same meaning as in section 58
5321.01 of the Revised Code, except, if required by the facts of 59
the action to which the term is applied, "residential premises" 60
has the same meaning as in section 3733.01 of the Revised Code.61

       (5) "Rental agreement" means any agreement or lease, written62
or oral, that establishes or modifies the terms, conditions,63
rules, or other provisions concerning the use or occupancy of64
premises by one of the parties to the agreement or lease, except65
that "rental agreement," as used in division (A)(13) of section 66
1923.02 of the Revised Code and where the context requires as used 67
in this chapter, means a rental agreement as defined in division 68
(D) of section 5322.01 of the Revised Code.69

       (6) "Controlled substance" has the same meaning as in section 70
3719.01 of the Revised Code.71

       (7) "School premises" has the same meaning as in section72
2925.01 of the Revised Code.73

       (8) "Sexually oriented offense" and "child-victim oriented 74
offense" have the same meanings as in section 2950.01 of the 75
Revised Code.76

       (9) "Recreational vehicle" has the same meaning as in section 77
4501.01 of the Revised Code.78

       Sec. 3701.83.  (A) There is hereby created in the state 79
treasury the general operations fund. Moneys in the fund shall be 80
used for the purposes specified in sections 3701.04, 3701.344, 81
3702.20, 3710.15, 3711.021, 3717.45, 3721.02, 3722.04, 3729.07,82
3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 83
3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 of the 84
Revised Code.85

       (B) The alcohol testing program fund is hereby created in the 86
state treasury. The director of health shall use the fund to87
administer and enforce the alcohol testing and permit program88
authorized by section 3701.143 of the Revised Code.89

       The fund shall receive transfers from the liquor control fund 90
created under section 4301.12 of the Revised Code. All investment 91
earnings of the alcohol testing program fund shall be credited to 92
the fund.93

       Sec. 3709.085.  (A) The board of health of a city or general 94
health district may enter into a contract with any political 95
subdivision or other governmental agency to obtain or provide all 96
or part of any services, including, but not limited to, 97
enforcement services, for the purposes of Chapter 3704. of the 98
Revised Code, the rules adopted and orders made pursuant thereto, 99
or any other ordinances or rules for the prevention, control, and 100
abatement of air pollution.101

       (B)(1) As used in division (B)(2) of this section:102

       (a) "Semipublic disposal system" means a disposal system that 103
treats the sanitary sewage discharged from publicly or privately 104
owned buildings or places of assemblage, entertainment,105
recreation, education, correction, hospitalization, housing, or106
employment, but does not include a disposal system that treats107
sewage in amounts of more than twenty-five thousand gallons per108
day; a disposal system for the treatment of sewage that is exempt109
from the requirements of section 6111.04 of the Revised Code110
pursuant to division (F)(6) of that section; or a disposal system111
for the treatment of industrial waste.112

       (b) Terms defined in section 6111.01 of the Revised Code have 113
the same meanings as in that section.114

       (2) The board of health of a city or general health district 115
may enter into a contract with the environmental protection agency 116
to conduct on behalf of the agency inspection or enforcement 117
services, for the purposes of Chapter 6111. of the Revised Code 118
and rules adopted thereunder, for the disposal or treatment of 119
sewage from semipublic disposal systems. The board of health of a 120
city or general health district may charge a fee established 121
pursuant to section 3709.09 of the Revised Code to be paid by the 122
owner or operator of a semipublic disposal system for inspections 123
conducted by the board pursuant to a contract entered into under 124
division (B)(2) of this section, except that the board shall not 125
charge a fee for those inspections conducted at any manufactured 126
home park, recreational vehicle park, recreation camp, or combined127
park-camp that is licensed under section 3733.033729.05 of the 128
Revised Code or at any manufactured home park that is licensed 129
under section 3733.03 of the Revised Code.130

       Sec. 3709.09.  (A) The board of health of a city or general 131
health district may, by rule, establish a uniform system of fees 132
to pay the costs of any services provided by the board. 133

       The fee for issuance of a certified copy of a vital record or 134
a certification of birth shall not be less than the fee prescribed 135
for the same service under division (A)(1) of section 3705.24 of 136
the Revised Code and shall include the fees required by division 137
(B) of section 3705.24 and section 3109.14 of the Revised Code.138

       Fees for services provided by the board for purposes 139
specified in sections 3701.344, 3711.05, 3729.07, 3730.03, 140
3733.04, 3733.25, and 3749.04 of the Revised Code shall be 141
established in accordance with rules adopted under division (B) of 142
this section. The district advisory council, in the case of a 143
general health district, and the legislative authority of the 144
city, in the case of a city health district, may disapprove any 145
fee established by the board of health under this division, and 146
any such fee, as disapproved, shall not be charged by the board of 147
health.148

       (B) The public health council shall adopt rules under section 149
111.15 of the Revised Code that establish fee categories and 150
uniform methodologies for use in calculating the costs of services 151
provided for purposes specified in sections 3701.344, 3711.05, 152
3729.07, 3730.03, 3733.04, 3733.25, and 3749.04 of the Revised 153
Code. In adopting the rules, the public health council shall 154
consider recommendations it receives from advisory boards 155
established either by statute or the director of health for 156
entities subject to the fees.157

       (C) At least thirty days prior to establishing a fee for a158
service provided by the board for a purpose specified in section159
3701.344, 3711.05, 3729.07, 3730.03, 3733.04, 3733.25, or 3749.04 160
of the Revised Code, a board of health shall notify any entity 161
that would be affected by the proposed fee of the amount of the 162
proposed fee. 163

       Sec. 3729.01.  As used in this chapter:164

       (A) "Camp operator" means the operator of a recreational165
vehicle park, recreation camp, combined park-camp, or temporary166
park-camp.167

       (B) "Campsite user" means a person who enters into a campsite 168
use agreement with a camp operator for the use of a campsite at a 169
recreational vehicle park, recreation camp, combined park-camp, or 170
temporary park-camp.171

       (C) "Combined park-camp" means any tract of land upon which a 172
combination of five or more self-contained recreational vehicles173
or portable camping units are placed and includes any roadway,174
building, structure, vehicle, or enclosure used or intended for175
use as part of the park facilities. A tract of land that is176
subdivided for lease or other contract of the individual lots is a177
combined park-camp if a combination of five or more recreational178
vehicles or portable camping units are placed on it for179
recreation, vacation, or business purposes.180

       "Combined park-camp" does not include any tract of land used181
solely as a temporary park-camp or solely as a manufactured home 182
park.183

       (D) "Dependent recreational vehicle" means a recreational184
vehicle other than a self-contained recreational vehicle. 185
"Dependent recreational vehicle" includes a park model.186

       (E) "Development" means any artificial change to improved or187
unimproved real estate, including, without limitation, buildings188
or structures, dredging, filling, grading, paving, excavation or189
drilling operations, or storage of equipment or materials, and the190
construction, expansion, or substantial alteration of a191
recreational vehicle park, recreation camp, or combined park-camp, 192
for which plan review is required under division (A) of section 193
3729.03 of the Revised Code. "Development" does not include the 194
building, construction, erection, or manufacture of any building 195
to which section 3781.06 of the Revised Code is applicable.196

       (F) "Director of health" means the director of health or the 197
director's authorized representative.198

       (G) "Flood" or "flooding" means either of the following:199

       (1) A general and temporary condition of partial or complete200
inundation of normally dry land areas from any of the following:201

       (a) The overflow of inland or tidal waters;202

       (b) The unusual and rapid accumulation or runoff of surface203
waters from any source;204

       (c) Mudslides that are proximately caused by flooding as205
defined in division (G)(1)(b) of this section and that are akin to206
a river of liquid and flowing mud on the surface of normally dry207
land areas, as when earth is carried by a current of water and208
deposited along the path of the current.209

       (2) The collapse or subsidence of land along the shore of a210
lake or other body of water as a result of erosion or undermining211
that is caused by waves or currents of water exceeding anticipated212
cyclical levels or that is suddenly caused by an unusually high213
water level in a natural body of water, and that is accompanied by214
a severe storm, by an unanticipated force of nature, such as a215
flash flood, by an abnormal tidal surge, or by some similarly216
unusual and unforeseeable event, that results in flooding as217
defined in division (G)(1)(a) of this section.218

       (H) "Flood plain" means the area adjoining any river, stream, 219
watercourse, or lake that has been or may be covered by flood 220
water.221

       (I) "Licensor" means either the board of health of a city or222
general health district, or the authority having the duties of a223
board of health in any city as authorized by section 3709.05 of224
the Revised Code, or the director of health, when required under225
division (B) of section 3729.06 of the Revised Code. "Licensor"226
also means an authorized representative of any of those entities227
or of the director.228

       (J) "Manufactured home park" has the same meaning as in 229
section 3733.01 of the Revised Code.230

       (K) "One-hundred-year flood" means a flood having a one per231
cent chance of being equaled or exceeded in any given year.232

       (L) "One-hundred-year flood plain" means that portion of a233
flood plain inundated by a one-hundred-year flood.234

       (M) "Operator" means the person who has responsible charge of 235
a recreational vehicle park, recreation camp, combined park-camp, 236
or temporary park-camp and who is licensed under this chapter.237

       (N) "Park model" means a recreational vehicle that meets the 238
American national standard institute standard A119.5(1988) for 239
park trailers, is built on a single chassis, has a gross trailer 240
area of not more than four hundred square feet when set up, is 241
designed for seasonal or temporary living quarters, and may be 242
connected to utilities necessary for operation of installed 243
features and appliances.244

       (O) "Person" has the same meaning as in section 1.59 of the245
Revised Code and also includes this state, any political246
subdivision of this state, and any other state or local body of247
this state.248

       (P) "Portable camping units" means dependent recreational249
vehicles, tents, portable sleeping equipment, and similar camping250
equipment used for travel, recreation, vacation, or business251
purposes.252

       (Q) "Recreation camp" means any tract of land upon which five 253
or more portable camping units are placed and includes any254
roadway, building, structure, vehicle, or enclosure used or255
intended for use as a part of the facilities of the camp. A tract256
of land that is subdivided for lease or other contract of the257
individual lots is a recreation camp if five or more portable258
camping units are placed on it for recreation, vacation, or259
business purposes.260

       "Recreation camp" does not include any tract of land used261
solely for the storage or display for sale of dependent262
recreational vehicles, solely as a temporary park-camp, or solely 263
as a manufactured home park.264

       (R) "Recreational vehicle" has the same meaning as in section 265
4501.01 of the Revised Code.266

       (S) "Recreational vehicle park" means any tract of land used267
for parking five or more self-contained recreational vehicles and268
includes any roadway, building, structure, vehicle, or enclosure269
used or intended for use as part of the park facilities and any270
tract of land that is subdivided for lease or other contract of271
the individual lots for the express or implied purpose of placing272
self-contained recreational vehicles for recreation, vacation, or273
business purposes.274

       "Recreational vehicle park" does not include any tract of275
land used solely for the storage or display for sale of276
self-contained recreational vehicles, solely as a temporary277
park-camp, or solely as a manufactured home park.278

       (T) "Self-contained recreational vehicle" means a279
recreational vehicle that can operate independent of connections280
to sewer and water and has plumbing fixtures or appliances all of281
which are connected to sewage holding tanks located within the282
vehicle. "Self-contained recreational vehicle" includes a park 283
model.284

       (U) "Substantially alter" means a change in the layout or285
design of a recreational vehicle park, recreation camp, combined 286
park-camp, or temporary park-camp, including, without limitation, 287
the movement of utilities or changes in established streets, lots, 288
or sites or in other facilities.289

       (V) "Temporary park-camp" means any tract of land used for a290
period not to exceed a total of twenty-one days per calendar year291
for the purpose of parking five or more recreational vehicles,292
dependent recreational vehicles, or portable camping units, or any293
combination thereof, for one or more periods of time that do not294
exceed seven consecutive days or parts thereof.295

       (W) "Tract" means a contiguous area of land that consists of 296
one or more parcels, lots, or sites that have been separately297
surveyed regardless of whether the individual parcels, lots, or298
sites have been recorded and regardless of whether the one or more299
parcels, lots, or sites are under common or different ownership.300

       Sec. 3729.02.  (A) The public health council, subject to 301
Chapter 119. of the Revised Code, shall adopt rules of uniform 302
application throughout the state governing the review of plans and 303
issuance of licenses for and the location, layout, construction, 304
drainage, sanitation, safety, and operation of recreational 305
vehicle parks, recreation camps, and combined park-camps. The 306
rules shall not apply to the construction, erection, or 307
manufacture of any building to which section 3781.06 of the 308
Revised Code is applicable.309

       (B) The public health council, subject to Chapter 119. of the 310
Revised Code, shall adopt rules of uniform application throughout 311
the state governing the review of plans and issuance of licenses 312
for and the layout, sanitation, safety, and operation of temporary 313
park-camps. The rules shall not apply to the construction, 314
erection, or manufacture of any building to which section 3781.06 315
of the Revised Code is applicable.316

       Sec. 3729.03.  (A) No person shall cause development to occur 317
within any portion of a recreational vehicle park, recreation 318
camp, or combined park-camp until the plans for the development 319
have been submitted to and reviewed and approved by the director 320
of health. This division does not require that plans be submitted 321
to the director for approval for the replacement of recreational 322
vehicles or portable camping units on previously approved sites in 323
a recreational vehicle park, recreation camp, or combined 324
park-camp when no development is to occur in connection with the 325
replacement. Within thirty days after receipt of the plans, all 326
supporting documents and materials required to complete the 327
review, and the applicable plan review fee established under 328
division (D) of this section, the director shall approve or 329
disapprove the plans.330

       (B) Any person aggrieved by the director's disapproval of a 331
set of plans under division (A) of this section may request a332
hearing on the matter within thirty days after receipt of the333
director's notice of the disapproval. The hearing shall be held in 334
accordance with Chapter 119. of the Revised Code. Thereafter, the 335
disapproval may be appealed in the manner provided in section336
119.12 of the Revised Code.337

       (C) The director shall establish a system by which338
development occurring within a recreational vehicle park, 339
recreation camp, or combined park-camp is inspected or verified in 340
accordance with rules adopted under division (A) of section 341
3729.02 of the Revised Code to ensure that the development 342
complies with the plans approved under division (A) of this 343
section.344

       (D) The public health council shall establish fees for345
reviewing plans under division (A) of this section and conducting346
inspections under division (C) of this section.347

       (E) The director shall charge the appropriate fees348
established under division (D) of this section for reviewing plans 349
under division (A) of this section and conducting inspections 350
under division (C) of this section. All such plan review and 351
inspection fees received by the director shall be transmitted to 352
the treasurer of state and shall be credited to the general 353
operations fund created in section 3701.83 of the Revised Code. 354
Moneys so credited to the fund shall be used only for the purpose 355
of administering and enforcing this chapter and rules adopted 356
under it.357

       (F) Plan approvals issued under this section do not358
constitute an exemption from the land use and building359
requirements of the political subdivision in which the360
recreational vehicle park, recreation camp, or combined park-camp 361
is or is to be located.362

       Sec. 3733.023.        Sec. 3729.04.  (A) No person shall cause development 363
to occur within any portion of a recreational vehicle park,364
recreation camp, combined park-camp, or temporary park-camp that365
is located within a one-hundred-year flood plain in a municipal366
corporation unless the person first obtains a permit therefor from 367
the municipal corporation in accordance with the flood plain368
management ordinance of the municipal corporation.369

       (B) No person shall cause development to occur within any370
portion of a recreational vehicle park, recreation camp, combined371
park-camp, or temporary park-camp that is located within a 372
one-hundred-year flood plain in an unincorporated area unless the373
person first obtains a permit therefor from the board of county374
commissioners of the county in which the development is to occur375
in accordance with the flood plain management resolution of the376
county adopted under section 307.37 of the Revised Code.377

       (C) If development for which a permit is required under378
division (A) or (B) of this section is to occur on a site where a379
recreational vehicle or portable camping unit is or is to be380
located, the owner of the recreational vehicle or portable camping 381
unit and the operator of the recreational vehicle park, recreation 382
camp, or combined park-camp shall jointly obtain the permit. Each 383
of the persons to whom a permit is jointly issued is responsible 384
for compliance with the provisions of the approved permit that are 385
applicable to that person.386

       If development for which a permit is required under division 387
(A) or (B) of this section is to occur within a temporary 388
park-camp on a site where a recreational vehicle or portable 389
camping unit is or is to be located, the owner of the temporary 390
park-camp shall obtain the permit.391

       (D) Fees established by a municipal corporation or county for 392
the issuance of permits under division (A) or (B) of this section 393
are not subject to regulation by the public health council.394

       Sec. 3729.05.  (A)(1) On or after the first day of April, but 395
before the first day of May of each year, every person who intends 396
to operate a recreational vehicle park, recreation camp, or 397
combined park-camp shall procure a license to operate the park or 398
camp from the licensor. If the applicable license fee prescribed399
under section 3729.07 of the Revised Code is not received by the400
licensor by the close of business on the last day of April, the401
applicant for the license shall pay a penalty equal to twenty-five 402
per cent of the applicable license fee. The penalty shall 403
accompany the license fee. If the last day of April is not a 404
business day, the penalty attaches upon the close of business on 405
the next business day.406

       (2) Every person who intends to operate a temporary park-camp 407
shall obtain a license to operate the temporary park-camp from the 408
licensor at any time before the person begins operation of the 409
temporary park-camp during the calendar year.410

       (3) No recreational vehicle park, recreation camp, combined 411
park-camp, or temporary park-camp shall be maintained or operated 412
in this state without a license. However, no person who neither 413
intends to receive nor receives anything of value arising from the 414
use of, or the sale of goods or services in connection with the 415
use of, a recreational vehicle park, recreation camp, combined 416
park-camp, or temporary park-camp is required to procure a license 417
under this division. If any health hazard exists at such an 418
unlicensed park, camp, or park-camp, the health hazard shall be 419
corrected in a manner consistent with the appropriate rule adopted 420
under division (A) or (B) of section 3729.02 of the Revised Code.421

       (4) No person who has received a license under division 422
(A)(1) of this section, upon the sale or disposition of the 423
recreational vehicle park, recreation camp, or combined park-camp, 424
may have the license transferred to the new operator. A person 425
shall obtain a separate license to operate each recreational 426
vehicle park, recreation camp, or combined park-camp. No license 427
to operate a temporary park-camp shall be transferred. A person 428
shall obtain a separate license for each temporary park-camp that 429
the person intends to operate, and the license shall be valid for 430
a period of not longer than seven consecutive days. A person who 431
operates a temporary park-camp on a tract of land for more than 432
twenty-one days or parts thereof in a calendar year shall obtain a 433
license to operate a recreational vehicle park, recreation camp, 434
or combined park-camp.435

       (B)(1) Before a license is initially issued under division 436
(A)(1) of this section and annually thereafter, or more often if 437
necessary, the licensor shall cause each recreational vehicle 438
park, recreation camp, or combined park-camp to be inspected to 439
determine compliance with this chapter and rules adopted under it. 440
A record shall be made of each inspection on a form prescribed by 441
the director of health.442

       (2) When a license is initially issued under division (A)(2) 443
of this section, and more often if necessary, the licensor shall 444
cause each temporary park-camp to be inspected to determine 445
compliance with this chapter and rules adopted under it during the 446
period that the temporary park-camp is in operation. A record 447
shall be made of each inspection on a form prescribed by the 448
director.449

       (C) Each person applying for an initial license to operate a 450
recreational vehicle park, recreation camp, combined park-camp, or 451
temporary park-camp shall provide acceptable proof to the 452
director, or to the licensor in the case of a temporary park-camp, 453
that adequate fire protection will be provided and that applicable 454
fire codes will be adhered to in the construction and operation of 455
the park, camp, or park-camp.456

       (D) Any person that operates a county or state fair or any457
independent agricultural society organized pursuant to section458
1711.02 of the Revised Code that operates a fair shall not be459
required to obtain a license under this chapter if recreational 460
vehicles, portable camping units, or any combination of them are 461
parked at the site of the fair only during the time of preparation 462
for, operation of, and dismantling of the fair and if the 463
recreational vehicles, portable camping units, or any combination 464
of them belong to participants in the fair.465

       Sec. 3729.06.  (A) The director of health may survey annually 466
each health district that is licensing recreational vehicle parks, 467
recreation camps, combined park-camps, or temporary park-camps as 468
provided in section 3729.05 of the Revised Code to determine 469
whether the district is in substantial compliance with this 470
chapter and rules adopted under it. Upon determination that there 471
is substantial compliance, the director shall place the health 472
district on an approved list. The director shall make a resurvey 473
when in the director's opinion a resurvey is necessary and shall 474
remove from the approved list any health district not 475
substantially complying with this chapter and rules adopted under 476
it.477

       (B) If, after a survey or resurvey is made as provided in478
this section, the director determines that a health district is479
not eligible to be placed on the approved list or to continue on480
the list, the director shall certify that fact to the board of 481
health of the health district. The director shall administer and 482
enforce this chapter and rules adopted under it in the health 483
district until the director determines that the health district is 484
eligible for placement on the approved list. Until the district is 485
placed on or returned to the approved list, the director shall 486
collect all fees payable to a board of health under section 487
3729.07 of the Revised Code and all such fees previously paid that 488
have not been expended or encumbered for deposit in the state 489
treasury to the credit of the campground licensing fund, which is 490
hereby created for use by the director in the director's capacity 491
as licensor. The director shall repay any balance remaining in the 492
account to the district when the director places the district on 493
the approved list.494

       Sec. 3729.07.  The licensor of a recreational vehicle park, 495
recreation camp, or combined park-camp may charge a fee for an 496
annual license to operate such a park, camp, or park-camp. In the 497
case of a temporary park-camp, the licensor may charge a fee for a 498
license to operate the temporary park-camp for the period 499
specified in division (A) of section 3729.05 of the Revised Code. 500
The fees for both types of licenses shall be determined in 501
accordance with section 3709.09 of the Revised Code and shall 502
include the cost of licensing and all inspections.503

       Except for the fee for a temporary park-camp license, the fee 504
also shall include any additional amount determined by rule of the 505
public health council, which shall be collected and transmitted by 506
the board of health to the treasurer of state to be credited to 507
the general operations fund created in section 3701.83 of the 508
Revised Code and used only for the purpose of administering and 509
enforcing this chapter and rules adopted under it. The portion of 510
any fee retained by the board of health shall be paid into a 511
special fund and used only for the purpose of administering and 512
enforcing this chapter and rules adopted under it.513

       Sec. 3729.08.  The licensor of the health district in which a 514
recreational vehicle park, recreation camp, combined park-camp, or515
temporary park-camp is or is to be located, in accordance with 516
Chapter 119. of the Revised Code, may refuse to grant, may 517
suspend, or may revoke any license granted to any person for 518
failure to comply with this chapter or with any rule adopted by 519
the public health council under section 3729.02 of the Revised 520
Code.521

       Sec. 3729.09. Upon a license being issued under sections522
3729.05 to 3729.08 of the Revised Code, any operator has the right 523
to rent or use each lot or camping space for the parking or 524
placement of a recreational vehicle or portable camping facility 525
to be used for human habitation without interruption for any 526
period coextensive with any license or consecutive licenses issued 527
under sections 3729.05 to 3729.08 of the Revised Code.528

       Sec. 3729.10.  Fees authorized or charged under sections 529
3729.03 and 3729.07 of the Revised Code are in lieu of all license 530
and inspection fees on or with respect to the operation or 531
ownership of recreational vehicle parks, combined park-camps, 532
recreation camps, or temporary park-camps within this state, 533
except that the licensor may charge additional reasonable fees for 534
the collection and bacteriological examination of any necessary 535
water samples taken from any such park, camp, or park-camp.536

       Sec. 3729.11.  (A) No person shall violate this chapter or 537
rules adopted under it.538

       (B) The prosecuting attorney of a county, a city director of 539
law, or the attorney general, upon complaint of the licensor or 540
the director of health, shall prosecute to termination or bring an 541
action for injunction against any person violating this chapter or 542
rules adopted under it.543

       Sec. 3733.081.        Sec. 3729.12. Every campsite use agreement entered 544
into between a camp operator and a campsite user shall be in 545
writing, shall contain the name, address, and phone number of the 546
campsite user, and shall designate the campsite that is the 547
subject of the agreement. The campsite use agreement also shall548
contain a description of the procedure for removing property from 549
the campsite if the campsite user fails to remove all property 550
from the campsite as required by section 3733.0823729.13 of the 551
Revised Code.552

       Sec. 3733.082.        Sec. 3729.13. (A) A campsite user who enters into a 553
campsite use agreement with a camp operator for the use of a 554
campsite at a recreational vehicle park, recreation camp, combined 555
park-camp, or temporary park-camp, at the expiration of the 556
campsite use period under the agreement, shall remove from the 557
campsite all of the campsite user's property and all property any 558
other person placed on the campsite with the permission of the 559
campsite user. If the campsite user fails to remove all of that 560
property from the campsite within the five-consecutive-day period561
after the expiration of that campsite use period, all of the 562
following apply:563

        (1) The camp operator shall perform an inventory of the564
property that the campsite user did not remove from the campsite.565

        (2) The camp operator may send a letter to the campsite user566
informing the campsite user that the campsite user has abandoned567
the property on the campsite in violation of the campsite use568
agreement and that the camp operator will commence an action for569
the seizure of the property if the campsite user does not remove570
the property from the campsite within ten days after the date on571
which the letter is mailed.572

       (3) If the campsite user does not remove the property from573
the campsite within ten days after the date on which the letter574
described in division (A)(2) of this section is mailed, the camp575
operator may file an action for the seizure of the property that576
remains on the campsite in the municipal court or county court577
that has territorial jurisdiction over the park or camp. The578
complaint shall contain all of the following:579

       (a) The name, address, and phone number of the campsite user580
that is in the campsite use agreement;581

        (b) A description of the property that the campsite user has582
not removed from the campsite;583

        (c) A demand that all of the property listed in the complaint584
be removed from the campsite within seven days after service of 585
the complaint upon the campsite user;586

        (d) A description of the procedure that will be followed if587
the campsite user does not remove the listed property within the588
seven-day period;589

        (e) A statement that the campsite user shall pay to the clerk 590
of the court the amount of the filing fees charged for the filing 591
of the complaint, that the campsite user shall pay those fees 592
prior to the campsite user's removal of the listed property from 593
the campsite, and that if the campsite user fails to pay the594
amount of the filing fees the property may be sold to pay the595
filing fees.596

        (4) When the camp operator files an action under division597
(A)(3) of this section, the clerk of the court shall issue a598
summons and a copy of the complaint pursuant to the Rules of Civil599
Procedure to the campsite user at the address provided in the600
campsite use agreement.601

        (5) If the campsite user does not file an answer to the602
complaint filed under division (A)(3) of this section and remove603
all of the property listed in the complaint within seven days604
after service of the complaint upon the campsite user, the court605
shall do either of the following:606

       (a) Issue an order authorizing the sheriff, another peace607
officer, or a bailiff to remove the property from the campsite and608
place it in storage;609

       (b) Authorize the camp operator to seize the property and610
cause the issuance to the camp operator of a new certificate of611
title for the property if the property is a titled vehicle.612

        (6) Upon the removal and storage of the property, the613
sheriff, peace officer, bailiff, or camp operator shall conduct or 614
cause to be conducted a search of the appropriate public records 615
that relate to the property and shall make or cause to be made 616
reasonably diligent inquiries for the purpose of identifying617
persons who have any right, title, or interest in any of the618
property. Then, the sheriff, peace officer, bailiff, or camp619
operator may commence proceedings for the sale of the property.620
The sheriff, peace officer, bailiff, or camp operator shall send621
by certified mail, return receipt requested, a written notice of622
the date, time, and place of the sale to each person who, because623
of the conduct of the search, the making of inquiries, or624
otherwise, the sheriff, peace officer, bailiff, or camp operator625
believes has any right, title, or interest in the property. The626
sheriff, peace officer, bailiff, or camp operator shall send the627
notice to the last known address of each of those persons.628

       (7) If the sheriff, peace officer, bailiff, or camp operator629
sells the property, the sheriff, peace officer, bailiff, or camp630
operator shall dispose of the proceeds of the sale in the631
following order:632

        (a) The sheriff, peace officer, bailiff, or camp operator633
shall first pay the costs for any moving or any storage of the634
property, the costs of the sale, and any unpaid court costs635
assessed against the campsite user in the underlying action.636

       (b) Following the payment required by division (A)(7)(a) of637
this section, the sheriff, peace officer, bailiff, or camp638
operator shall pay all other outstanding security interests,639
liens, or encumbrances on the property by priority of filing or640
other priority.641

       (c) After complying with divisions (A)(7)(a) and (b) of this642
section, the sheriff, peace officer, bailiff, or camp operator643
shall transfer any remaining money to the owner of the property.644

        (8) If the sheriff, peace officer, bailiff, or camp operator645
does not conduct a sale of the property, the sheriff, peace646
officer, bailiff, or camp operator shall dispose of the property647
in the following manner:648

        (a) If the property is a motor vehicle or recreational649
vehicle, in accordance with the procedure in section 4513.61 or650
4513.63 of the Revised Code;651

       (b) If the property is personal property, in accordance with652
the procedure in section 2933.41 of the Revised Code.653

        (B) Upon collection from the campsite user, the municipal654
court or county court shall reimburse the filing fees to the camp655
operator.656

       Sec. 3729.99.  Whoever violates division (A) of section 657
3729.11 of the Revised Code is guilty of a misdemeanor of the 658
fourth degree.659

       Sec. 3733.01.  As used in this chapter:660

       (A) "Manufactured home park" means any tract of land upon661
which three or more manufactured or mobile homes used for662
habitation are parked, either free of charge or for revenue663
purposes, and includes any roadway, building, structure, vehicle,664
or enclosure used or intended for use as a part of the facilities665
of the park. "Manufactured home park" does not include any of the666
following:667

       (1) A tract of land used solely for the storage or display668
for sale of manufactured or mobile homes or solely as a temporary669
park-camp as defined in section 3729.01 of the Revised Code;670

       (2) A tract of land that is subdivided and the individual671
lots are for sale or sold for the purpose of installation of672
manufactured or mobile homes used for habitation and the roadways673
are dedicated to the local government authority;674

       (3) A tract of land within an area that is subject to local675
zoning authority and subdivision requirements and is subdivided,676
and the individual lots are for sale or sold for the purpose of677
installation of manufactured or mobile homes for habitation.678

       (B) "Recreational vehicle park" means any tract of land used679
for parking five or more self-contained recreational vehicles and680
includes any roadway, building, structure, vehicle, or enclosure681
used or intended for use as part of the park facilities and any682
tract of land that is subdivided for lease or other contract of683
the individual lots for the express or implied purpose of placing684
self-contained recreational vehicles for recreation, vacation, or685
business purposes.686

       "Recreational vehicle park" does not include any tract of687
land used solely for the storage or display for sale of688
self-contained recreational vehicles or solely as a temporary689
park-camp.690

       (C) "Portable camping units" means dependent recreational691
vehicles, tents, portable sleeping equipment, and similar camping692
equipment used for travel, recreation, vacation, or business693
purposes.694

       (D) "Manufactured home" has the meaning set forth in division 695
(C)(4) of section 3781.06 of the Revised Code, and "mobile home" 696
and "recreational vehicle" havehas the meaningsmeaning set forth 697
in section 4501.01 of the Revised Code.698

       (E) "Self-contained recreational vehicle" means a699
recreational vehicle that can operate independent of connections700
to sewer and water and has plumbing fixtures or appliances all of701
which are connected to sewage holding tanks located within the702
vehicle.703

       (F) "Dependent recreational vehicle" means a recreational704
vehicle other than a self-contained recreational vehicle.705

       (G) "Recreation camp" means any tract of land upon which five 706
or more portable camping units are placed and includes any707
roadway, building, structure, vehicle, or enclosure used or708
intended for use as a part of the facilities of the camp. A tract709
of land that is subdivided for lease or other contract of the710
individual lots is a recreation camp if five or more portable711
camping units are placed on it for recreation, vacation, or712
business purposes.713

       "Recreation camp" does not include any tract of land used714
solely for the storage or display for sale of dependent715
recreational vehicles or solely as a temporary park-camp.716

       (H) "Combined park-camp" means any tract of land upon which a 717
combination of five or more self-contained recreational vehicles718
or portable camping units are placed and includes any roadway,719
building, structure, vehicle, or enclosure used or intended for720
use as part of the park facilities. A tract of land that is721
subdivided for lease or other contract of the individual lots is a722
combined park-camp if a combination of five or more recreational723
vehicles or portable camping units are placed on it for724
recreation, vacation, or business purposes.725

       "Combined park-camp" does not include any tract of land used726
solely as a temporary park-camp.727

       (I)(C) "Licensor" means either the board of health of a city728
or general health district, or the authority having the duties of729
a board of health in any city as authorized by section 3709.05 of730
the Revised Code, or the director of health, when required under731
division (B) of section 3733.031 of the Revised Code. "Licensor"732
also means an authorized representative of any of those entities733
or of the director.734

       (J)(D) "Tenant" means a person who is entitled under a rental735
agreement with a manufactured home park operator to occupy a736
manufactured home park lot and who does not own the home occupying737
the lot.738

       (K)(E) "Owner" means a person who is entitled under a rental739
agreement with a manufactured home park operator to occupy a740
manufactured home park lot and who owns the home occupying the741
lot.742

       (L)(F) "Resident" means a person entitled under a rental743
agreement to the use and occupancy of residential premises to the744
exclusion of others. It"Resident" includes both tenants and 745
owners.746

       (M)(G) "Operator" means the person who has responsible charge747
of a manufactured home park, recreational vehicle park, recreation748
camp, combined park-camp, or temporary park-camp and who is749
licensed under sections 3733.01 to 3733.08 of the Revised Code.750

       (N)(H) "Park operator" means a manufactured home park751
operator.752

       (O)(I) "Residential premises" means a lot located within a753
manufactured home park and the grounds, areas, and facilities754
contained within the manufactured home park for the use of755
residents generally or the use of which is promised to a resident.756

       (P)(J) "Rental agreement" means any agreement or lease,757
written or oral, that establishes or modifies the terms,758
conditions, rules, or any other provisions concerning the use and759
occupancy of residential premises by one of the parties.760

       (Q)(K) "Security deposit" means any deposit of money or761
property to secure performance by the resident under a rental762
agreement.763

       (R) "Temporary park-camp" means any tract of land used for a764
period not to exceed a total of twenty-one days per calendar year765
for the purpose of parking five or more recreational vehicles,766
dependent recreational vehicles, or portable camping units, or any767
combination thereof, for one or more periods of time that do not768
exceed seven consecutive days or parts thereof.769

       (S)(L) "Development" means any artificial change to improved770
or unimproved real estate, including, without limitation,771
buildings or structures, dredging, filling, grading, paving, 772
excavation or drilling operations, or storage of equipment or 773
materials, and the construction, expansion, or substantial 774
alteration of a manufactured home park, recreational vehicle park, 775
recreation camp, or combined park-camp, for which plan review is776
required under division (A) of section 3733.021 of the Revised 777
Code. "Development" does not include the building, construction,778
erection, or manufacture of any building to which section 3781.06779
of the Revised Code is applicable.780

       (T)(M) "Flood" or "flooding" means either of the following:781

       (1) A general and temporary condition of partial or complete782
inundation of normally dry land areas from any of the following:783

       (a) The overflow of inland or tidal waters;784

       (b) The unusual and rapid accumulation or runoff of surface785
waters from any source;786

       (c) Mudslides that are proximately caused by flooding as787
defined in division (T)(M)(1)(b) of this section and that are akin 788
to a river of liquid and flowing mud on the surface of normally 789
dry land areas, as when earth is carried by a current of water and790
deposited along the path of the current.791

       (2) The collapse or subsidence of land along the shore of a792
lake or other body of water as a result of erosion or undermining793
that is caused by waves or currents of water exceeding anticipated794
cyclical levels or that is suddenly caused by an unusually high795
water level in a natural body of water, and that is accompanied by796
a severe storm, by an unanticipated force of nature, such as a797
flash flood, by an abnormal tidal surge, or by some similarly798
unusual and unforeseeable event, that results in flooding as799
defined in division (T)(M)(1)(a) of this section.800

       (U)(N) "Flood plain" means the area adjoining any river,801
stream, watercourse, or lake that has been or may be covered by802
flood water.803

       (V)(O) "One-hundred-year flood" means a flood having a one804
per cent chance of being equaled or exceeded in any given year.805

       (W)(P) "One-hundred-year flood plain" means that portion of a806
flood plain inundated by a one-hundred-year flood.807

       (X)(Q) "Person" has the same meaning as in section 1.59 of808
the Revised Code and also includes this state, any political809
subdivision of this state, and any other state or local body of810
this state.811

       (Y)(R) "Substantial damage" means damage of any origin812
sustained by a manufactured or mobile home that is situated in a813
manufactured home park located in a flood plain when the cost of814
restoring the home to its condition before the damage occurred815
will equal or exceed fifty per cent of the market value of the816
home before the damage occurred.817

       (Z)(S) "Substantially alter" means a change in the layout or818
design of a manufactured home park, recreational vehicle park,819
recreation camp, combined park-camp, or temporary park-camp,820
including, without limitation, the movement of utilities or821
changes in established streets, lots, or sites or in other822
facilities. In the case of manufactured home parks located within823
a one-hundred-year flood plain, "substantially alter" also824
includes changes in elevation resulting from the addition of fill,825
grading, or excavation that may affect flood plain management.826

       (AA)(T) "Tract" means a contiguous area of land that consists827
of one or more parcels, lots, or sites that have been separately828
surveyed regardless of whether the individual parcels, lots, or829
sites have been recorded and regardless of whether the one or more830
parcels, lots, or sites are under common or different ownership.831

       (BB)(U) "Director of health" means the director of health or832
the director's authorized representative.833

       (CC) "Camp operator" means the operator of a recreational834
vehicle park, recreation camp, combined park-camp, or temporary835
park-camp.836

       (DD) "Campsite user" means a person who enters into a837
campsite use agreement with a camp operator for the use of a838
campsite at a recreational vehicle park, recreation camp, combined839
park-camp, or temporary park-camp.840

       Sec. 3733.02.  (A)(1) The public health council, subject to841
Chapter 119. of the Revised Code, shall adopt, and has the842
exclusive power to adopt, rules of uniform application throughout843
the state governing the review of plans, issuance of flood plain844
management permits, and issuance of licenses for manufactured home 845
parks; the location, layout, density, construction, drainage,846
sanitation, safety, and operation of those parks; blocking and847
tiedowns of mobile and manufactured homes in those parks; and 848
notices of flood events concerning, and flood protection at, those 849
parks. The rules pertaining to flood plain management shall be850
consistent with and not less stringent than the flood plain851
management criteria of the national flood insurance program852
adopted under the "National Flood Insurance Act of 1968," 82 Stat. 853
572, 42 U.S.C.A. 4001, as amended. The rules shall not apply to 854
the construction, erection, or manufacture of any building to 855
which section 3781.06 of the Revised Code is applicable.856

       (2) The rules pertaining to manufactured home parks 857
constructed after June 30, 1971, shall specify that each home must 858
be placed on its lot to provide not less than fifteen feet between 859
the side of one home and the side of another home, ten feet 860
between the end of one home and the side of another home, and five 861
feet between the ends of two homes placed end to end.862

       (B) The public health council, subject to Chapter 119. of the 863
Revised Code, shall adopt rules of uniform application throughout 864
the state governing the review of plans and issuance of licenses 865
for and the location, layout, construction, drainage, sanitation, 866
safety, and operation of recreational vehicle parks, recreation 867
camps, and combined park-camps. The rules shall not apply to the 868
construction, erection, or manufacture of any building to which 869
section 3781.06 of the Revised Code is applicable.870

       (C) The public health council, subject to Chapter 119. of the 871
Revised Code, shall adopt rules of uniform application throughout 872
the state governing the review of plans and issuance of licenses 873
for and the layout, sanitation, safety, and operation of temporary 874
park-camps. The rules shall not apply to the construction, 875
erection, or manufacture of any building to which section 3781.06 876
of the Revised Code is applicable.877

       (D) The public health council, in accordance with Chapter878
119. of the Revised Code, shall adopt rules of uniform application 879
throughout the state establishing requirements and procedures in 880
accordance with which the director of health may authorize 881
licensors for the purposes of sections 3733.022 and 3733.025 of 882
the Revised Code. The rules shall include at least provisions 883
under which a licensor may enter into contracts for the purpose of 884
fulfilling the licensor's responsibilities under either or both of 885
those sections.886

       Sec. 3733.021.  (A) No person shall cause development to887
occur within any portion of a manufactured home park, recreational 888
vehicle park, recreation camp, or combined park-camp until the 889
plans for the development have been submitted to and reviewed and 890
approved by the director of health. This division does not require 891
that plans be submitted to the director for approval for the 892
replacement of manufactured or mobile homes on previously approved 893
lots in a manufactured home park or for the replacement of 894
recreational vehicles or portable camping units on previously895
approved sites in a recreational vehicle park, recreation camp, or 896
combined park-camp when no development is to occur in connection 897
with the replacement. Within thirty days after receipt of the 898
plans, all supporting documents and materials required to complete 899
the review, and the applicable plan review fee established under 900
division (D) of this section, the director shall approve or 901
disapprove the plans.902

       (B) Any person aggrieved by the director's disapproval of a 903
set of plans under division (A) of this section may request a904
hearing on the matter within thirty days after receipt of the905
director's notice of the disapproval. The hearing shall be held in 906
accordance with Chapter 119. of the Revised Code. Thereafter, the 907
disapproval may be appealed in the manner provided in section908
119.12 of the Revised Code.909

       (C) The director shall establish a system by which910
development occurring within a manufactured home park,911
recreational vehicle park, recreation camp, or combined park-camp912
is inspected or verified in accordance with rules adopted under913
division (A) or (B), as appropriate, of section 3733.02 of the914
Revised Code to ensure that the development complies with the915
plans approved under division (A) of this section.916

       (D) The public health council shall establish fees for917
reviewing plans under division (A) of this section and conducting918
inspections under division (C) of this section.919

       (E) The director shall charge the appropriate fees920
established under division (D) of this section for reviewing plans 921
under division (A) of this section and conducting inspections 922
under division (C) of this section. All such plan review and 923
inspection fees received by the director shall be transmitted to 924
the treasurer of state and shall be credited to the general 925
operations fund created in section 3701.83 of the Revised Code. 926
Moneys so credited to the fund shall be used only for the purpose 927
of administering and enforcing sections 3733.01 to 3733.08 of the 928
Revised Code and rules adopted under those sections.929

       (F) Plan approvals issued under this section do not930
constitute an exemption from the land use and building931
requirements of the political subdivision in which the932
manufactured home park, recreational vehicle park, recreation933
camp, or combined park-camp is or is to be located.934

       Sec. 3733.03.  (A)(1) On or after the first day of December, 935
but before the first day of January of the next year, every person 936
who intends to operate a manufactured home park shall procure a 937
license to operate the park for the next year from the licensor. 938
If the applicable license fee prescribed under section 3733.04 of 939
the Revised Code is not received by the licensor by the close of 940
business on the last day of December, the applicant for the 941
license shall pay a penalty equal to twenty-five per cent of the 942
applicable license fee. The penalty shall accompany the license 943
fee. If the last day of December is not a business day, the 944
penalty attaches upon the close of business on the next business 945
day.946

       (2) On or after the first day of April, but before the first 947
day of May of each year, every person who intends to operate a 948
recreational vehicle park, recreation camp, or combined park-camp 949
shall procure a license to operate the park or camp from the 950
licensor. If the applicable license fee prescribed under section 951
3733.04 of the Revised Code is not received by the licensor by the 952
close of business on the last day of April, the applicant for the 953
license shall pay a penalty equal to twenty-five per cent of the 954
applicable license fee. The penalty shall accompany the license 955
fee. If the last day of April is not a business day, the penalty 956
attaches upon the close of business on the next business day.957

       (3) Every person who intends to operate a temporary park-camp 958
shall obtain a license to operate the temporary park-camp from the 959
licensor at any time before the person begins operation of the 960
temporary park-camp during the calendar year.961

       (4) No manufactured home park, recreational vehicle park,962
recreation camp, or combined park-camp shall be maintained or963
operated in this state after January 1, 1952, without a license.964
However, no person who neither intends to receive nor receives965
anything of value arising from the use of, or the sale of goods or 966
services in connection with the use of, a recreational vehicle967
park, recreation camp, combined park-camp, or temporary park-camp968
is required to procure a license under this division. If any969
health hazard exists at such an unlicensed park, camp, or970
park-camp, the health hazard shall be corrected in a manner971
consistent with the appropriate rule adopted under division (B) or 972
(C) of section 3733.02 of the Revised Code.973

       (5)(3) No person who has received a license, upon the sale or974
disposition of the manufactured home park, recreational vehicle975
park, recreation camp, or combined park-camp, may have the license 976
transferred to the new operator. A person shall obtain a separate 977
license to operate each manufactured home park, recreational 978
vehicle park, recreation camp, or combined park-camp. No license 979
to operate a temporary park-camp shall be transferred. A person 980
shall obtain a separate license for each temporary park-camp he 981
intends to operate, and the license shall be valid for a period of 982
no longer than seven consecutive days. A person who operates a 983
park-camp on a tract of land for more than twenty-one days or 984
parts thereof in a calendar year shall obtain a license to operate 985
a recreational vehicle park, recreation camp, or a combined 986
park-camp.987

       (B)(1) Before a license is initially issued and annually988
thereafter, or more often if necessary, the licensor shall cause989
each manufactured home park, recreational vehicle park, recreation 990
camp, or combined park-camp to be inspected relative to compliance 991
with sections 3733.01 to 3733.08 of the Revised Code and the rules 992
adopted under those sections. A record shall be made of each 993
inspection on a form prescribed by the director of health.994

       (2) When a license is initially issued, and more often if995
necessary, the licensor shall cause each temporary park-camp to be 996
inspected relative to compliance with sections 3733.01 to 3733.08 997
of the Revised Code and the rules adopted under those sections, 998
during the period that the temporary park-camp is in operation. A 999
record shall be made of each inspection on a form prescribed by 1000
the director.1001

       (C) Each person applying for an initial license to operate a 1002
manufactured home park, recreational vehicle park, recreation1003
camp, combined park-camp, or temporary park-camp shall provide1004
acceptable proof to the director of health, or to the licensor in1005
the case of a temporary park-camp, that adequate fire protection1006
shallwill be provided and that applicable fire codes shallwill1007
be adhered to in the construction and operation of the park, camp, 1008
or park-camp.1009

       (D) Any person that operates a county or state fair or any1010
independent agricultural society organized pursuant to section1011
1711.02 of the Revised Code that operates a fair shall not be1012
required to obtain a license under sections 3733.01 to 3733.08 of1013
the Revised Code if recreational vehicles, portable camping units, 1014
or any combination thereof are parked at the site of the fair only 1015
during the time of preparation for, operation of, and dismantling 1016
of the fair and if the recreational vehicles, portable camping 1017
units, or any combination thereof belong to participants in the 1018
fair.1019

       Sec. 3733.031.  (A) The director of health may survey1020
annually each health district licensing manufactured home parks,1021
recreational vehicle parks, recreation camps, combined park-camps, 1022
or temporary park-camps as provided by section 3733.03 of the 1023
Revised Code to determine whether the district is in substantial 1024
compliance with sections 3733.01 to 3733.08 of the Revised Code 1025
and the rules adopted thereunder. Upon determination that there is 1026
substantial compliance, the director shall place suchthe health 1027
district upon an approved list. The director shall make a resurvey 1028
when in histhe director's opinion a resurvey is necessary, and 1029
shall remove from the approved list any health district not 1030
substantially complying with sections 3733.01 to 3733.08 of the 1031
Revised Code and the rules adopted thereunder.1032

       (B) If after a survey or resurvey is made as provided by this 1033
section the director determines that a health district is not 1034
eligible to be placed on the approved list or to continue on such1035
the list, hethe director shall certify suchthat fact to the 1036
board of health of the health district. The director shall 1037
administer and enforce sections 3733.01 to 3733.08 of the Revised 1038
Code and the rules adopted thereunder in suchthe health district 1039
until hethe director determines that the health district is 1040
eligible for placement on the approved list. Until the district is 1041
placed on or returned to the approved list, the director shall 1042
collect all fees payable to a board of health under section 1043
3733.04 of the Revised Code and all such fees previously paid 1044
whichthat have not been expended or encumbered for deposit in the 1045
state treasury to the credit of the health district licensing 1046
fund, which is hereby created for use by the director in histhe 1047
director's capacity as licensor. The director shall repay any 1048
balance remaining in the account to the district when hethe 1049
director places the district on the approved list.1050

       Sec. 3733.04.  The licensor of a manufactured home park,1051
recreational vehicle park, recreation camp, or combined park-camp1052
may charge a fee for an annual license to operate such a park,1053
camp, or park-camp. In the case of a temporary park-camp, the1054
licensor may charge a fee for a license to operate the temporary1055
park-camp for the period specified in division (A) of section1056
3733.03 of the Revised Code. The feesfee for both types of 1057
licensesa license shall be determined in accordance with section 1058
3709.09 of the Revised Code and shall include the cost of 1059
licensing and all inspections.1060

       Except for the fee for a temporary park-camp license, theThe1061
fee also shall include any additional amount determined by rule of 1062
the public health council, which shall be collected and1063
transmitted by the board of health to the treasurer of state to be 1064
credited to the general operations fund created in section 3701.83 1065
of the Revised Code and used only for the purpose of administering 1066
and enforcing sections 3733.01 to 3733.08 of the Revised Code and 1067
the rules adopted under those sections. The portion of any fee 1068
retained by the board of health shall be paid into a special fund 1069
and used only for the purpose of administering and enforcing 1070
sections 3733.01 to 3733.08 of the Revised Code and the rules 1071
adopted thereunder.1072

       Sec. 3733.05.  The licensor of the health district in which a 1073
manufactured home park, recreational vehicle park, recreation 1074
camp, combined park-camp, or temporary park-camp is or is to be 1075
located, in accordance with Chapter 119. of the Revised Code, may 1076
refuse to grant, may suspend, or may revoke any license granted to 1077
any person for failure to comply with sections 3733.01 to 3733.081078
of the Revised Code or with any rule adopted by the public health 1079
council under section 3733.02 of the Revised Code.1080

       Sec. 3733.06.  (A) Upon a license being issued under sections1081
3733.03 to 3733.05 of the Revised Code, any operator shall have 1082
the right to rent or use each lot or camping space for the parking 1083
or placement of a manufactured home,or mobile home, recreational 1084
vehicle, or portable camping facility to be used for human1085
habitation without interruption for any period coextensive with 1086
any license or consecutive licenses issued under sections 3733.03 1087
to 3733.05 of the Revised Code.1088

       (B) No operator of a manufactured home park shall sell1089
individual lots in a park for eight years following the issuance 1090
of the initial license for the park unless, at the time of sale, 1091
the park fulfills all platting and subdivision requirements 1092
established by the political subdivision in which the park is 1093
located, or the political subdivision has entered into an1094
agreement with the operator regarding platting and subdivision 1095
requirements and the operator has fulfilled the terms of that 1096
agreement.1097

       Sec. 3733.07.  Fees authorized or charged under sections 1098
3733.021, 3733.022, and 3733.04 of the Revised Code are in lieu of 1099
all license and inspection fees on or with respect to the 1100
operation or ownership of manufactured home parks, recreational 1101
vehicle parks, combined park-camps, recreation camps, or temporary 1102
park-camps within this state, except that the licensor may charge1103
additional reasonable fees for the collection and bacteriological 1104
examination of any necessary water samples taken from any such 1105
park, camp, or park-camp.1106

       Sec. 4503.06.  (A) The owner of each manufactured or mobile1107
home that has acquired situs in this state shall pay either a real1108
property tax pursuant to Title LVII of the Revised Code or a1109
manufactured home tax pursuant to division (C) of this section.1110

       (B) The owner of a manufactured or mobile home shall pay real 1111
property taxes if either of the following applies:1112

       (1) The manufactured or mobile home acquired situs in the1113
state or ownership in the home was transferred on or after January1114
1, 2000, and all of the following apply:1115

       (a) The home is affixed to a permanent foundation as defined1116
in division (C)(5) of section 3781.06 of the Revised Code;.1117

       (b) The home is located on land that is owned by the owner of 1118
the home;.1119

       (c) The certificate of title has been inactivated by the1120
clerk of the court of common pleas that issued it, pursuant to1121
division (H) of section 4505.11 of the Revised Code.1122

       (2) The manufactured or mobile home acquired situs in the1123
state or ownership in the home was transferred before January 1,1124
2000, and all of the following apply:1125

       (a) The home is affixed to a permanent foundation as defined1126
in division (C)(5) of section 3781.06 of the Revised Code;.1127

       (b) The home is located on land that is owned by the owner of 1128
the home;.1129

       (c) The owner of the home has elected to have the home taxed1130
as real property and, pursuant to section 4505.11 of the Revised1131
Code, has surrendered the certificate of title to the auditor of1132
the county containing the taxing district in which the home has1133
its situs, together with proof that all taxes have been paid;.1134

       (d) The county auditor has placed the home on the real1135
property tax list and delivered the certificate of title to the1136
clerk of the court of common pleas that issued it and the clerk1137
has inactivated the certificate.1138

       (C)(1) Any mobile or manufactured home that is not taxed as1139
real property as provided in division (B) of this section is1140
subject to an annual manufactured home tax, payable by the owner,1141
for locating the home in this state. The tax as levied in this1142
section is for the purpose of supplementing the general revenue1143
funds of the local subdivisions in which the home has its situs1144
pursuant to this section.1145

       (2) The year for which the manufactured home tax is levied1146
commences on the first day of January and ends on the following1147
thirty-first day of December. The state shall have the first lien1148
on any manufactured or mobile home on the list for the amount of1149
taxes, penalties, and interest charged against the owner of the1150
home under this section. The lien of the state for the tax for a1151
year shall attach on the first day of January to a home that has1152
acquired situs on that date. The lien for a home that has not1153
acquired situs on the first day of January, but that acquires1154
situs during the year, shall attach on the next first day of1155
January. The lien shall continue until the tax, including any1156
penalty or interest, is paid.1157

       (3)(a) The situs of a manufactured or mobile home located in1158
this state on the first day of January is the local taxing1159
district in which the home is located on that date.1160

       (b) The situs of a manufactured or mobile home not located in1161
this state on the first day of January, but located in this state1162
subsequent to that date, is the local taxing district in which the 1163
home is located thirty days after it is acquired or first enters 1164
this state.1165

       (4) The tax is collected by and paid to the county treasurer1166
of the county containing the taxing district in which the home has1167
its situs.1168

       (D) The manufactured home tax shall be computed and assessed1169
by the county auditor of the county containing the taxing district1170
in which the home has its situs as follows:1171

       (1) On a home that acquired situs in this state prior to1172
January 1, 2000;:1173

       (a) By multiplying the assessable value of the home by the1174
tax rate of the taxing district in which the home has its situs,1175
and deducting from the product thus obtained any reduction1176
authorized under section 4503.065 of the Revised Code. The tax1177
levied under this formula shall not be less than thirty-six1178
dollars, unless the home qualifies for a reduction in assessable1179
value under section 4503.065 of the Revised Code, in which case1180
there shall be no minimum tax and the tax shall be the amount1181
calculated under this division.1182

       (b) The assessable value of the home shall be forty per cent1183
of the amount arrived at by the following computation:1184

       (i) If the cost to the owner, or market value at time of1185
purchase, whichever is greater, of the home includes the1186
furnishings and equipment, such cost or market value shall be1187
multiplied according to the following schedule:1188

For the first calendar year 1189
in which the 1190
home is owned by the 1191
current owner x 80% 1192
2nd calendar year x 75% 1193
3rd " x 70% 1194
4th " x 65% 1195
5th " x 60% 1196
6th " x 55% 1197
7th " x 50% 1198
8th " x 45% 1199
9th " x 40% 1200
10th and each year thereafter x 35% 1201

       The first calendar year means any period between the first1202
day of January and the thirty-first day of December of the first1203
year.1204

       (ii) If the cost to the owner, or market value at the time of 1205
purchase, whichever is greater, of the home does not include the 1206
furnishings and equipment, such cost or market value shall be1207
multiplied according to the following schedule:1208

For the first calendar year 1209
in which the 1210
home is owned by the 1211
current owner x 95% 1212
2nd calendar year x 90% 1213
3rd " x 85% 1214
4th " x 80% 1215
5th " x 75% 1216
6th " x 70% 1217
7th " x 65% 1218
8th " x 60% 1219
9th " x 55% 1220
10th and each year thereafter x 50% 1221

       The first calendar year means any period between the first1222
day of January and the thirty-first day of December of the first1223
year.1224

       (2) On a home in which ownership was transferred or that1225
first acquired situs in this state on or after January 1, 2000:1226

       (a) By multiplying the assessable value of the home by the1227
effective tax rate, as defined in section 323.08 of the Revised1228
Code, for residential real property of the taxing district in1229
which the home has its situs, and deducting from the product thus1230
obtained the reductions required or authorized under section1231
319.302, division (B) of section 323.152, or section 4503.065 of1232
the Revised Code.1233

       (b) The assessable value of the home shall be thirty-five per 1234
cent of its true value as determined under division (L) of this 1235
section.1236

       (3) On or before the fifteenth day of January each year, the 1237
county auditor shall record the assessable value and the amount of1238
tax on the manufactured or mobile home on the tax list and deliver1239
a duplicate of the list to the county treasurer. In the case of an 1240
emergency as defined in section 323.17 of the Revised Code, the1241
tax commissioner, by journal entry, may extend the times for1242
delivery of the duplicate for an additional fifteen days upon1243
receiving a written application from the county auditor regarding1244
an extension for the delivery of the duplicate, or from the county1245
treasurer regarding an extension of the time for the billing and1246
collection of taxes. The application shall contain a statement1247
describing the emergency that will cause the unavoidable delay and1248
must be received by the tax commissioner on or before the last day1249
of the month preceding the day delivery of the duplicate is1250
otherwise required. When an extension is granted for delivery of1251
the duplicate, the time period for payment of taxes shall be1252
extended for a like period of time. When a delay in the closing of 1253
a tax collection period becomes unavoidable, the tax commissioner, 1254
upon application by the county auditor and county treasurer, may 1255
order the time for payment of taxes to be extended if the tax 1256
commissioner determines that penalties have accrued or would 1257
otherwise accrue for reasons beyond the control of the taxpayers 1258
of the county. The order shall prescribe the final extended date 1259
for payment of taxes for that collection period.1260

       (4) After January 1, 1999, the owner of a manufactured or1261
mobile home taxed pursuant to division (D)(1) of this section may1262
elect to have the home taxed pursuant to division (D)(2) of this1263
section by filing a written request with the county auditor of the1264
taxing district in which the home is located on or before the1265
first day of December of any year. Upon the filing of the request, 1266
the county auditor shall determine whether all taxes levied under 1267
division (D)(1) of this section have been paid, and if those taxes 1268
have been paid, the county auditor shall tax the manufactured or1269
mobile home pursuant to division (D)(2) of this section commencing 1270
in the next tax year.1271

       (5) A manufactured or mobile home that acquired situs in this 1272
state prior to January 1, 2000, shall be taxed pursuant to1273
division (D)(2) of this section if no manufactured home tax had1274
been paid for the home and the home was not exempted from taxation1275
pursuant to division (E) of this section for the year for which1276
the taxes were not paid.1277

       (6)(a) Immediately upon receipt of any manufactured home tax1278
duplicate from the county auditor, but not less than twenty days1279
prior to the last date on which the first one-half taxes may be1280
paid without penalty as prescribed in division (F) of this1281
section, the county treasurer shall cause to be prepared and1282
mailed or delivered to each person charged on that duplicate with1283
taxes, or to an agent designated by such person, the tax bill1284
prescribed by the tax commissioner under division (D)(7) of this1285
section. When taxes are paid by installments, the county treasurer 1286
shall mail or deliver to each person charged on such duplicate or 1287
the agent designated by that person a second tax bill showing the 1288
amount due at the time of the second tax collection. The second 1289
half tax bill shall be mailed or delivered at least twenty days 1290
prior to the close of the second half tax collection period. A 1291
change in the mailing address of any tax bill shall be made in 1292
writing to the county treasurer. Failure to receive a bill 1293
required by this section does not excuse failure or delay to pay 1294
any taxes shown on the bill or, except as provided in division1295
(B)(1) of section 5715.39 of the Revised Code, avoid any penalty,1296
interest, or charge for such delay.1297

       (b) After delivery of the copy of the delinquent manufactured1298
home tax list under division (H) of this section, the county1299
treasurer may prepare and mail to each person in whose name a home 1300
is listed an additional tax bill showing the total amount of 1301
delinquent taxes charged against the home as shown on the list.1302
The tax bill shall include a notice that the interest charge1303
prescribed by division (G) of this section has begun to accrue.1304

       (7) Each tax bill prepared and mailed or delivered under1305
division (D)(6) of this section shall be in the form and contain1306
the information required by the tax commissioner. The commissioner 1307
may prescribe different forms for each county and may authorize 1308
the county auditor to make up tax bills and tax receipts to be 1309
used by the county treasurer. The tax bill shall not contain or be 1310
mailed or delivered with any information or material that is not 1311
required by this section or that is not authorized by section 1312
321.45 of the Revised Code or by the tax commissioner. In addition 1313
to the information required by the commissioner, each tax bill 1314
shall contain the following information:1315

       (a) The taxes levied and the taxes charged and payable1316
against the manufactured or mobile home;1317

       (b) The following notice: "Notice: If the taxes are not paid 1318
within sixty days after the county auditor delivers the delinquent 1319
manufactured home tax list to the county treasurer, you and your 1320
home may be subject to collection proceedings for tax1321
delinquency." Failure to provide such notice has no effect upon1322
the validity of any tax judgment to which a home may be subjected.1323

       (c) In the case of manufactured or mobile homes taxed under1324
division (D)(2) of this section, the following additional1325
information:1326

       (i) The effective tax rate. The words "effective tax rate"1327
shall appear in boldface type.1328

       (ii) The following notice: "Notice: If the taxes charged1329
against this home have been reduced by the 2-1/2 per cent tax1330
reduction for residences occupied by the owner but the home is not1331
a residence occupied by the owner, the owner must notify the1332
county auditor's office not later than March 31 of the year for1333
which the taxes are due. Failure to do so may result in the owner1334
being convicted of a fourth degree misdemeanor, which is1335
punishable by imprisonment up to 30 days, a fine up to $250, or1336
both, and in the owner having to repay the amount by which the1337
taxes were erroneously or illegally reduced, plus any interest1338
that may apply.1339

       If the taxes charged against this home have not been reduced1340
by the 2-1/2 per cent tax reduction and the home is a residence1341
occupied by the owner, the home may qualify for the tax reduction. 1342
To obtain an application for the tax reduction or further1343
information, the owner may contact the county auditor's office at1344
.......... (insert the address and telephone number of the county1345
auditor's office)."1346

       (E)(1) A manufactured or mobile home is not subject to this1347
section when any of the following applies:1348

       (a) It is taxable as personal property pursuant to section1349
5709.01 of the Revised Code. Any manufactured or mobile home that1350
is used as a residence shall be subject to this section and shall1351
not be taxable as personal property pursuant to section 5709.01 of1352
the Revised Code.1353

       (b) It bears a license plate issued by any state other than1354
this state unless the home is in this state in excess of an1355
accumulative period of thirty days in any calendar year.1356

       (c) The annual tax has been paid on the home in this state1357
for the current year.1358

       (d) The tax commissioner has determined, pursuant to section1359
5715.27 of the Revised Code, that the property is exempt from1360
taxation, or would be exempt from taxation under Chapter 5709. of1361
the Revised Code if it were classified as real property.1362

       (2) A travel trailer or park trailer, as these terms are1363
defined in section 4501.01 of the Revised Code, is not subject to1364
this section if it is unused or unoccupied and stored at the1365
owner's normal place of residence or at a recognized storage1366
facility.1367

       (3) A travel trailer or park trailer, as these terms are1368
defined in section 4501.01 of the Revised Code, is subject to this1369
section and shall be taxed as a manufactured or mobile home if it1370
has a situs longer than thirty days in one location and is1371
connected to existing utilities, unless either of the following1372
applies:1373

       (a) The situs is in a state facility or a camping or park1374
area as defined in division (B)(C), (G)(Q), (H)(S), or (R)(V) of 1375
section 3733.013729.01 of the Revised Code;.1376

       (b) The situs is in a camping or park area that is a tract of 1377
land that has been limited to recreational use by deed or zoning 1378
restrictions and subdivided for sale of five or more individual 1379
lots for the express or implied purpose of occupancy by either 1380
self-contained recreational vehicles as defined in division (E)(T)1381
of section 3733.013729.01 of the Revised Code or by dependent1382
recreational vehicles as defined in division (F)(D) of section1383
3733.013729.01 of the Revised Code.1384

       (F) Except as provided in division (D)(3) of this section,1385
the manufactured home tax is due and payable as follows:1386

       (1) When a manufactured or mobile home has a situs in this1387
state, as provided in this section, on the first day of January,1388
one-half of the amount of the tax is due and payable on or before1389
the first day of March and the balance is due and payable on or1390
before the thirty-first day of July. At the option of the owner of 1391
the home, the tax for the entire year may be paid in full on the 1392
first day of March.1393

       (2) When a manufactured or mobile home first acquires a situs1394
in this state after the first day of January, no tax is due and 1395
payable for that year.1396

       (G)(1)(a) Except as otherwise provided in division (G)(1)(b) 1397
of this section, if one-half of the current taxes charged under 1398
this section against a manufactured or mobile home, together with 1399
the full amount of any delinquent taxes, are not paid on or before 1400
the first day of March in that year, or on or before the last day 1401
for such payment as extended pursuant to section 4503.063 of the 1402
Revised Code, a penalty of ten per cent shall be charged against 1403
the unpaid balance of such half of the current taxes. If the total 1404
amount of all such taxes is not paid on or before the thirty-first 1405
day of July, next thereafter, or on or before the last day for 1406
payment as extended pursuant to section 4503.063 of the Revised 1407
Code, a like penalty shall be charged on the balance of the total 1408
amount of the unpaid current taxes.1409

       (b) After a valid delinquent tax contract that includes1410
unpaid current taxes from a first-half collection period described1411
in division (F) of this section has been entered into under1412
section 323.31 of the Revised Code, no ten per cent penalty shall1413
be charged against such taxes after the second-half collection1414
period while the delinquent tax contract remains in effect. On the 1415
day a delinquent tax contract becomes void, the ten per cent 1416
penalty shall be charged against such taxes and shall equal the 1417
amount of penalty that would have been charged against unpaid 1418
current taxes outstanding on the date on which the second-half 1419
penalty would have been charged thereon under division (G)(1)(a) 1420
of this section if the contract had not been in effect.1421

       (2)(a) On the first day of the month following the last day1422
the second installment of taxes may be paid without penalty1423
beginning in 2000, interest shall be charged against and computed1424
on all delinquent taxes other than the current taxes that became1425
delinquent taxes at the close of the last day such second1426
installment could be paid without penalty. The charge shall be for 1427
interest that accrued during the period that began on the1428
preceding first day of December and ended on the last day of the1429
month that included the last date such second installment could be1430
paid without penalty. The interest shall be computed at the rate1431
per annum prescribed by section 5703.47 of the Revised Code and1432
shall be entered as a separate item on the delinquent manufactured1433
home tax list compiled under division (H) of this section.1434

       (b) On the first day of December beginning in 2000, the1435
interest shall be charged against and computed on all delinquent1436
taxes. The charge shall be for interest that accrued during the1437
period that began on the first day of the month following the last1438
date prescribed for the payment of the second installment of taxes1439
in the current year and ended on the immediately preceding last1440
day of November. The interest shall be computed at the rate per1441
annum prescribed by section 5703.47 of the Revised Code and shall1442
be entered as a separate item on the delinquent manufactured home1443
tax list.1444

       (c) After a valid undertaking has been entered into for the1445
payment of any delinquent taxes, no interest shall be charged1446
against such delinquent taxes while the undertaking remains in1447
effect in compliance with section 323.31 of the Revised Code. If a 1448
valid undertaking becomes void, interest shall be charged against 1449
the delinquent taxes for the periods that interest was not1450
permitted to be charged while the undertaking was in effect. The1451
interest shall be charged on the day the undertaking becomes void1452
and shall equal the amount of interest that would have been1453
charged against the unpaid delinquent taxes outstanding on the1454
dates on which interest would have been charged thereon under1455
divisions (G)(1) and (2) of this section had the undertaking not1456
been in effect.1457

       (3) If the full amount of the taxes due at either of the1458
times prescribed by division (F) of this section is paid within1459
ten days after such time, the county treasurer shall waive the1460
collection of and the county auditor shall remit one-half of the1461
penalty provided for in this division for failure to make that1462
payment by the prescribed time.1463

       (4) The treasurer shall compile and deliver to the county1464
auditor a list of all tax payments the treasurer has received as1465
provided in division (G)(3) of this section. The list shall1466
include any information required by the auditor for the remission1467
of the penalties waived by the treasurer. The taxes so collected1468
shall be included in the settlement next succeeding the settlement1469
then in process.1470

       (H)(1) Beginning in 2000, the county auditor shall compile1471
annually a "delinquent manufactured home tax list" consisting of1472
homes the county treasurer's records indicate have taxes that were1473
not paid within the time prescribed by divisions (D)(3) and (F) of1474
this section, have taxes that remain unpaid from prior years, or1475
have unpaid tax penalties or interest that have been assessed.1476

       (2) Within thirty days after the settlement under division1477
(H)(2) of section 321.24 of the Revised Code beginning in 2000,1478
the county auditor shall deliver a copy of the delinquent1479
manufactured home tax list to the county treasurer. The auditor1480
shall update and publish the delinquent manufactured home tax list1481
annually in the same manner as delinquent real property tax lists1482
are published. The county auditor shall apportion the cost of1483
publishing the list among taxing districts in proportion to the1484
amount of delinquent manufactured home taxes so published that1485
each taxing district is entitled to receive upon collection of1486
those taxes.1487

       (3) When taxes, penalties, or interest are charged against a1488
person on the delinquent manufactured home tax list and are not 1489
paid within sixty days after the list is delivered to the county 1490
treasurer, the county treasurer shall, in addition to any other 1491
remedy provided by law for the collection of taxes, penalties, and 1492
interest, enforce collection of such taxes, penalties, and 1493
interest by civil action in the name of the treasurer against the 1494
owner for the recovery of the unpaid taxes following the 1495
procedures for the recovery of delinquent real property taxes in 1496
sections 323.25 to 323.28 of the Revised Code. The action may be 1497
brought in municipal or county court, provided the amount charged 1498
does not exceed the monetary limitations for original jurisdiction 1499
for civil actions in those courts.1500

       It is sufficient, having made proper parties to the suit, for1501
the county treasurer to allege in the treasurer's bill of1502
particulars or petition that the taxes stand chargeable on the 1503
books of the county treasurer against such person, that they are 1504
due and unpaid, and that such person is indebted in the amount of 1505
taxes appearing to be due the county. The treasurer need not set 1506
forth any other matter relating thereto. If it is found on the 1507
trial of the action that the person is indebted to the state, 1508
judgment shall be rendered in favor of the county treasurer 1509
prosecuting the action. The judgment debtor is not entitled to the 1510
benefit of any law for stay of execution or exemption of property 1511
from levy or sale on execution in the enforcement of the judgment.1512

       Upon the filing of an entry of confirmation of sale or an1513
order of forfeiture in a proceeding brought under this division,1514
title to the manufactured or mobile home shall be in the1515
purchaser. The clerk of courts shall issue a certificate of title1516
to the purchaser upon presentation of proof of filing of the entry1517
of confirmation or order and, in the case of a forfeiture,1518
presentation of the county auditor's certificate of sale.1519

       (I) The total amount of taxes collected shall be distributed1520
in the following manner: four per cent shall be allowed as1521
compensation to the county auditor for the county auditor's1522
service in assessing the taxes; two per cent shall be allowed as1523
compensation to the county treasurer for the services the county1524
treasurer renders as a result of the tax levied by this section.1525
Such amounts shall be paid into the county treasury, to the credit1526
of the county general revenue fund, on the warrant of the county1527
auditor. Fees to be paid to the credit of the real estate1528
assessment fund shall be collected pursuant to division (B) of1529
section 319.54 of the Revised Code and paid into the county1530
treasury, on the warrant of the county auditor. The balance of the 1531
taxes collected shall be distributed among the taxing subdivisions 1532
of the county in which the taxes are collected and paid in the 1533
same ratio as those taxes were collected for the benefit of the 1534
taxing subdivision. The taxes levied and revenues collected under 1535
this section shall be in lieu of any general property tax and any 1536
tax levied with respect to the privilege of using or occupying a 1537
manufactured or mobile home in Ohiothis state except as provided 1538
in sections 4503.04 and 5741.02 of the Revised Code.1539

       (J) An agreement to purchase or a bill of sale for a1540
manufactured home shall show whether or not the furnishings and1541
equipment are included in the purchase price.1542

       (K) If the county treasurer and the county prosecuting1543
attorney agree that an item charged on the delinquent manufactured1544
home tax list is uncollectible, they shall certify that1545
determination and the reasons to the county board of revision. If1546
the board determines the amount is uncollectible, it shall certify1547
its determination to the county auditor, who shall strike the item1548
from the list.1549

       (L)(1) The county auditor shall appraise at its true value1550
any manufactured or mobile home in which ownership is transferred1551
or which first acquires situs in this state on or after January 1,1552
2000, and any manufactured or mobile home the owner of which has1553
elected, under division (D)(4) of this section, to have the home1554
taxed under division (D)(2) of this section. The true value shall1555
include the value of the home, any additions, and any fixtures,1556
but not any furnishings in the home. In determining the true value 1557
of a manufactured or mobile home, the auditor shall consider all1558
facts and circumstances relating to the value of the home,1559
including its age, its capacity to function as a residence, any1560
obsolete characteristics, and other factors that may tend to prove1561
its true value.1562

       (2)(a) If a manufactured or mobile home has been the subject1563
of an arm's length sale between a willing seller and a willing1564
buyer within a reasonable length of time prior to the1565
determination of true value, the county auditor shall consider the 1566
sale price of the home to be the true value for taxation purposes.1567

       (b) The sale price in an arm's length transaction between a1568
willing seller and a willing buyer shall not be considered the1569
true value of the home if either of the following occurred after1570
the sale:1571

       (i) The home has lost value due to a casualty;.1572

       (ii) An addition or fixture has been added to the home.1573

       (3) The county auditor shall have each home viewed and 1574
appraised at least once in each six-year period in the same year 1575
in which real property in the county is appraised pursuant to 1576
Chapter 5713. of the Revised Code, and shall update the appraised 1577
values in the third calendar year following the appraisal. The 1578
person viewing or appraising a home may enter the home to 1579
determine by actual view any additions or fixtures that have been 1580
added since the last appraisal. In conducting the appraisals and 1581
establishing the true value, the auditor shall follow the 1582
procedures set forth for appraising real property in sections 1583
5713.01 and 5713.03 of the Revised Code.1584

       (4) The county auditor shall place the true value of each 1585
home on the manufactured home tax list upon completion of an1586
appraisal.1587

       (5)(a) If the county auditor changes the true value of a1588
home, the auditor shall notify the owner of the home in writing,1589
delivered by mail or in person. The notice shall be given at least 1590
thirty days prior to the issuance of any tax bill that reflects 1591
the change. Failure to receive the notice does not invalidate any1592
proceeding under this section.1593

       (b) Any owner of a home or any other person or party listed1594
in division (A)(1) of section 5715.19 of the Revised Code may file1595
a complaint against the true value of the home as appraised under1596
this section. The complaint shall be filed with the county auditor 1597
on or before the thirty-first day of March of the current tax year1598
or the date of closing of the collection for the first half of 1599
manufactured home taxes for the current tax year, whichever is 1600
later. The auditor shall present to the county board of revision 1601
all complaints filed with the auditor under this section. The 1602
board shall hear and investigate the complaint and may take action 1603
on it as provided under sections 5715.11 to 5715.19 of the Revised 1604
Code.1605

       (c) If the county board of revision determines, pursuant to a1606
complaint against the valuation of a manufactured or mobile home1607
filed under this section, that the amount of taxes, assessments,1608
or other charges paid was in excess of the amount due based on the1609
valuation as finally determined, then the overpayment shall be1610
refunded in the manner prescribed in section 5715.22 of the1611
Revised Code.1612

       (d) Payment of all or part of a tax under this section for1613
any year for which a complaint is pending before the county board1614
of revision does not abate the complaint or in any way affect the1615
hearing and determination thereof.1616

       (M) If the county auditor determines that any tax or other 1617
charge or any part thereof has been erroneously charged as a 1618
result of a clerical error as defined in section 319.35 of the 1619
Revised Code, the county auditor shall call the attention of the 1620
county board of revision to the erroneous charges. If the board 1621
finds that the taxes or other charges have been erroneously 1622
charged or collected, it shall certify the finding to the auditor. 1623
Upon receipt of the certification, the auditor shall remove the 1624
erroneous charges on the manufactured home tax list or delinquent 1625
manufactured home tax list in the same manner as is prescribed in 1626
section 319.35 of the Revised Code for erroneous charges against 1627
real property, and refund any erroneous charges that have been 1628
collected, with interest, in the same manner as is prescribed in 1629
section 319.36 of the Revised Code for erroneous charges against 1630
real property.1631

       (N) As used in this section and section 4503.061 of the1632
Revised Code:1633

       (1) "Manufactured home taxes" includes taxes, penalties, and1634
interest charged under division (C) or (G) of this section and any1635
penalties charged under division (G) or (H)(5) of section 4503.0611636
of the Revised Code.1637

       (2) "Current taxes" means all manufactured home taxes charged1638
against a manufactured or mobile home that have not appeared on 1639
the manufactured home tax list for any prior year. Current taxes 1640
become delinquent taxes if they remain unpaid after the last day1641
prescribed for payment of the second installment of current taxes1642
without penalty, whether or not they have been certified1643
delinquent.1644

       (3) "Delinquent taxes" means:1645

       (a) Any manufactured home taxes that were charged against a1646
manufactured or mobile home for a prior year, including any1647
penalties or interest charged for a prior year, and that remain1648
unpaid;1649

       (b) Any current manufactured home taxes charged against a1650
manufactured or mobile home that remain unpaid after the last day1651
prescribed for payment of the second installment of current taxes1652
without penalty, whether or not they have been certified1653
delinquent, including any penalties or interest.1654

       Sec. 4736.01.  As used in this chapter:1655

       (A) "Environmental health science" means the aspect of public 1656
health science that includes, but is not limited to, the following 1657
bodies of knowledge: air quality, food quality and protection, 1658
hazardous and toxic substances, consumer product safety, housing, 1659
institutional health and safety, community noise control, 1660
radiation protection, recreational facilities, solid and liquid 1661
waste management, vector control, drinking water quality, milk 1662
sanitation, and rabies control.1663

       (B) "Sanitarian" means a person who performs for compensation 1664
educational, investigational, technical, or administrative duties 1665
requiring specialized knowledge and skills in the field of 1666
environmental health science.1667

       (C) "Registered sanitarian" means a person who is registered1668
as a sanitarian in accordance with Chapter 4736. of the Revised1669
Codethis chapter.1670

       (D) "Sanitarian-in-training" means a person who is registered 1671
as a sanitarian-in-training in accordance with Chapter 4736. of 1672
the Revised Codethis chapter.1673

       (E) "Practice of environmental health" means consultation,1674
instruction, investigation, inspection, or evaluation by an1675
employee of a city health district, a general health district, the1676
Ohio environmental protection agency, the department of health, or1677
the department of agriculture requiring specialized knowledge,1678
training, and experience in the field of environmental health1679
science, with the primary purpose of improving or conducting1680
administration or enforcement under any of the following:1681

       (1) Chapter 911., 913., 917., 3717., 3721., 3729., or 3733. 1682
of the Revised Code;1683

       (2) Chapter 3734. of the Revised Code as it pertains to solid 1684
waste;1685

       (3) Section 955.26, 3701.344, 3707.01, or 3707.03, sections 1686
3707.38 to 3707.99, or section 3715.21 of the Revised Code;1687

       (4) Rules adopted under section 3701.34 of the Revised Code1688
pertaining to home sewage, rabies control, or swimming pools.1689

       "Practice of environmental health" does not include sampling,1690
testing, controlling of vectors, reporting of observations, or1691
other duties that do not require application of specialized1692
knowledge and skills in environmental health science performed1693
under the supervision of a registered sanitarian.1694

       The state board of sanitarian registration may further define1695
environmental health science in relation to specific functions in1696
the practice of environmental health through rules adopted by the1697
board under Chapter 119. of the Revised Code.1698

       Sec. 5321.01.  As used in this chapter:1699

       (A) "Tenant" means a person entitled under a rental agreement 1700
to the use and occupancy of residential premises to the exclusion 1701
of others.1702

       (B) "Landlord" means the owner, lessor, or sublessor of1703
residential premises, the agent of the owner, lessor, or1704
sublessor, or any person authorized by the owner, lessor, or1705
sublessor to manage the premises or to receive rent from a tenant1706
under a rental agreement.1707

       (C) "Residential premises" means a dwelling unit for1708
residential use and occupancy and the structure of which it is a1709
part, the facilities and appurtenances in it, and the grounds,1710
areas, and facilities for the use of tenants generally or the use1711
of which is promised the tenant. "Residential premises" includes a 1712
dwelling unit that is owned or operated by a college or1713
university. "Residential premises" does not include any of the1714
following:1715

       (1) Prisons, jails, workhouses, and other places of1716
incarceration or correction, including, but not limited to,1717
halfway houses or residential arrangements that are used or1718
occupied as a requirement of a community control sanction, a 1719
post-release control sanction, or parole;1720

       (2) Hospitals and similar institutions with the primary1721
purpose of providing medical services, and homes licensed pursuant1722
to Chapter 3721. of the Revised Code;1723

       (3) Tourist homes, hotels, motels, recreational vehicle1724
parks, recreation camps, combined park-camps, temporary1725
park-camps, and other similar facilities where circumstances1726
indicate a transient occupancy;1727

       (4) Elementary and secondary boarding schools, where the cost 1728
of room and board is included as part of the cost of tuition;1729

       (5) Orphanages and similar institutions;1730

       (6) Farm residences furnished in connection with the rental1731
of land of a minimum of two acres for production of agricultural1732
products by one or more of the occupants;1733

       (7) Dwelling units subject to sections 3733.41 to 3733.49 of1734
the Revised Code;1735

       (8) Occupancy by an owner of a condominium unit;1736

       (9) Occupancy in a facility licensed as an SRO facility1737
pursuant to Chapter 3731. of the Revised Code, if the facility is1738
owned or operated by an organization that is exempt from taxation1739
under section 501(c)(3) of the "Internal Revenue Code of 1986,"1740
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or1741
group of entities in which such an organization has a controlling1742
interest, and if either of the following applies:1743

       (a) The occupancy is for a period of less than sixty days;.1744

       (b) The occupancy is for participation in a program operated1745
by the facility, or by a public entity or private charitable1746
organization pursuant to a contract with the facility, to provide1747
either of the following:1748

       (i) Services licensed, certified, registered, or approved by1749
a governmental agency or private accrediting organization for the1750
rehabilitation of mentally ill persons, developmentally disabled1751
persons, adults or juveniles convicted of criminal offenses, or1752
persons suffering from substance abuse;1753

       (ii) Shelter for juvenile runaways, victims of domestic1754
violence, or homeless persons.1755

       (10) Emergency shelters operated by organizations exempt from 1756
federal income taxation under section 501(c)(3) of the "Internal1757
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, as 1758
amended, for persons whose circumstances indicate a transient1759
occupancy, including homeless people, victims of domestic1760
violence, and juvenile runaways.1761

       (D) "Rental agreement" means any agreement or lease, written1762
or oral, which establishes or modifies the terms, conditions,1763
rules, or any other provisions concerning the use and occupancy of1764
residential premises by one of the parties.1765

       (E) "Security deposit" means any deposit of money or property 1766
to secure performance by the tenant under a rental agreement.1767

       (F) "Dwelling unit" means a structure or the part of a1768
structure that is used as a home, residence, or sleeping place by1769
one person who maintains a household or by two or more persons who1770
maintain a common household.1771

       (G) "Controlled substance" has the same meaning as in section 1772
3719.01 of the Revised Code.1773

       (H) "Student tenant" means a person who occupies a dwelling1774
unit owned or operated by the college or university at which the1775
person is a student, and who has a rental agreement that is1776
contingent upon the person's status as a student.1777

       (I) "Recreational vehicle park," "recreation camp," "combined1778
park-camp," and "temporary park-camp" have the same meanings as in1779
section 3733.013729.01 of the Revised Code.1780

       (J) "Community control sanction" has the same meaning as in1781
section 2929.01 of the Revised Code.1782

       (K) "Post-release control sanction" has the same meaning as1783
in section 2967.01 of the Revised Code.1784

       (L) "School premises" has the same meaning as in section1785
2925.01 of the Revised Code.1786

       (M) "Sexually oriented offense" and "child-victim oriented 1787
offense" have the same meanings as in section 2950.01 of the 1788
Revised Code.1789

       Sec. 6111.46. (A) The environmental protection agency shall1790
exercise general supervision of the treatment and disposal of 1791
sewage and industrial wastes and the operation and maintenance of 1792
works or means installed for the collection, treatment, and 1793
disposal of sewage and industrial wastes. Such general supervision 1794
shall apply to all features of construction, operation, and 1795
maintenance of the works or means that do or may affect the proper1796
treatment and disposal of sewage and industrial wastes. The1797

       (B)(1) The agency shall investigate the works or means 1798
employed in the collection, treatment, and disposal of sewage and1799
industrial wastes whenever considered necessary or whenever1800
requested to do so by local health officials,and may adoptissue1801
and enforce orders and shall adopt rules governing the operation 1802
and maintenance of the works or means of treatment and disposal of 1803
such sewage and industrial wastes, and. In adopting rules under 1804
this section, the agency shall establish standards governing the 1805
construction, operation, and maintenance of the works or means of 1806
collection, treatment, and disposal of sewage that is generated at 1807
recreational vehicle parks, recreation camps, combined park-camps, 1808
and temporary park-camps that are separate from such standards 1809
relative to manufactured home parks.1810

       (2) As used in division (B)(1) of this section:1811

       (a) "Manufactured home parks" has the same meaning as in 1812
section 3733.01 of the Revised Code.1813

       (b) "Recreational vehicle parks," "recreation camps," 1814
"combined park-camps," and "temporary park-camps" have the same 1815
meanings as in section 3729.01 of the Revised Code.1816

       (C) The agency may require the submission of records and data 1817
of construction, operation, and maintenance, including plans and1818
descriptions of existing works or means of treatment and disposal 1819
of such sewage and industrial wastes. When the agency requires the 1820
submission of such records or information, the public officials or 1821
person, firm, or corporation having the works in charge shall1822
comply promptly with that order.1823

       Section 2. That existing sections 1901.184, 1907.032, 1824
1923.01, 3701.83, 3709.085, 3709.09, 3733.01, 3733.02, 3733.021, 1825
3733.023, 3733.03, 3733.031, 3733.04, 3733.05, 3733.06, 3733.07, 1826
3733.081, 3733.082, 4503.06, 4736.01, 5321.01, and 6111.46 of the 1827
Revised Code are hereby repealed.1828

       Section 3. Licenses that were issued for recreational vehicle 1829
parks, recreation camps, combined park-camps, and temporary 1830
park-camps under Chapter 3733. of the Revised Code, as it existed 1831
prior to its amendment by this act, remain in effect until their 1832
expiration, at which time they shall be renewed in accordance with 1833
Chapter 3729. of the Revised Code, as enacted by this act.1834

       Section 4.  Section 3709.085 of the Revised Code is presented 1835
in this act as a composite of the section as amended by Am. Sub. 1836
H.B. 197 and S.B. 198, both of the 123rd General Assembly. The 1837
General Assembly, applying the principle stated in division (B) of 1838
section 1.52 of the Revised Code that amendments are to be 1839
harmonized if reasonably capable of simultaneous operation, finds 1840
that the composite is the resulting version of the section in 1841
effect prior to the effective date of the section as presented in 1842
this act.1843