SENATORS Wachtmann, Jacobson

To amend sections 119.12, 3733.02, 3781.06, and

1

4743.05 and to enact sections 4781.01, 4781.02,

2

4781.03, 4781.04, 4781.05, 4781.06, 4781.07,

3

4781.08, 4781.09, 4781.10, 4781.11, 4781.12,

4

4781.13, and 4781.14 of the Revised Code to

5

establish the Ohio Manufactured Homes Commission

6

to regulate the installation of manufactured

7

housing in Ohio.

8

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

Section 1. That sections 119.12, 3733.02, 3781.06, and	9
4743.05 be amended and sections 4781.01, 4781.02, 4781.03,	10
4781.04, 4781.05, 4781.06, 4781.07, 4781.08, 4781.09, 4781.10,	11
4781.11, 4781.12, 4781.13, and 4781.14 of the Revised Code be	12
enacted to read as follows:	13

Sec. 119.12.  Any party adversely affected by any order of an	14
agency issued pursuant to an adjudication denying an applicant	15
admission to an examination, or denying the issuance or renewal of	16
a license or registration of a licensee, or revoking or suspending	17
a license, or allowing the payment of a forfeiture under section	18
4301.252 of the Revised Code, may appeal from the order of the	19
agency to the court of common pleas of the county in which the	20
place of business of the licensee is located or the county in	21
which the licensee is a resident, except that appeals from	22
decisions of the liquor control commission, the state medical	23
board, state chiropractic board, manufactured homes commission,	24
and board of nursing shall be to the court of common pleas of	25
Franklin county. If any such party is not a resident of and has no	26
place of business in this state, the party may appeal to the court	27
of common pleas of Franklin county.	28

Any party adversely affected by any order of an agency issued	29
pursuant to any other adjudication may appeal to the court of	30
common pleas of Franklin county, except that appeals from orders	31
of the fire marshal issued under Chapter 3737. of the Revised Code	32
may be to the court of common pleas of the county in which the	33
building of the aggrieved person is located.	34

This section does not apply to appeals from the department of	35
taxation.	36

Any party desiring to appeal shall file a notice of appeal	37
with the agency setting forth the order appealed from and the	38
grounds of the party's appeal. A copy of such notice of appeal	39
shall also be filed by the appellant with the court. Unless	40
otherwise provided by law relating to a particular agency, such	41
notices of appeal shall be filed within fifteen days after the	42
mailing of the notice of the agency's order as provided in this	43
section. For purposes of this paragraph, an order includes a	44
determination appealed pursuant to division (C) of section 119.092	45
of the Revised Code.	46

The filing of a notice of appeal shall not automatically	47
operate as a suspension of the order of an agency. If it appears	48
to the court that an unusual hardship to the appellant will result	49
from the execution of the agency's order pending determination of	50
the appeal, the court may grant a suspension and fix its terms. If	51
an appeal is taken from the judgment of the court and the court	52
has previously granted a suspension of the agency's order as	53
provided in this section, such suspension of the agency's order	54
shall not be vacated and shall be given full force and effect	55
until the matter is finally adjudicated. No renewal of a license	56
or permit shall be denied by reason of such suspended order during	57
the period of the appeal from the decision of the court of common	58
pleas. In the case of an appeal from the state medical board or	59
state chiropractic board, the court may grant a suspension and fix	60
its terms if it appears to the court that an unusual hardship to	61
the appellant will result from the execution of the agency's order	62
pending determination of the appeal and the health, safety, and	63
welfare of the public will not be threatened by suspension of the	64
order. This provision shall not be construed to limit the factors	65
the court may consider in determining whether to suspend an order	66
of any other agency pending determination of an appeal.	67

The final order of adjudication may apply to any renewal of a	68
license or permit which has been granted during the period of the	69
appeal.	70

Notwithstanding any other provision of this section, any	71
order issued by a court of common pleas or a court of appeals	72
suspending the effect of an order of the liquor control commission	73
issued pursuant to Chapter 4301. or 4303. of the Revised Code that	74
suspends, revokes, or cancels a permit issued under Chapter 4303.	75
of the Revised Code, or that allows the payment of a forfeiture	76
under section 4301.252 of the Revised Code, shall terminate not	77
more than six months after the date of the filing of the record of	78
the liquor control commission with the clerk of the court of	79
common pleas and shall not be extended. The court of common pleas,	80
or the court of appeals on appeal, shall render a judgment in that	81
matter within six months after the date of the filing of the	82
record of the liquor control commission with the clerk of the	83
court of common pleas. A court of appeals shall not issue an order	84
suspending the effect of an order of the liquor control commission	85
that extends beyond six months after the date on which the record	86
of the liquor control commission is filed with a court of common	87
pleas.	88

Notwithstanding any other provision of this section, any	89
order issued by a court of common pleas suspending the effect of	90
an order of the state medical board or state chiropractic board	91
that limits, revokes, suspends, places on probation, or refuses to	92
register or reinstate a certificate issued by the board or	93
reprimands the holder of such a certificate shall terminate not	94
more than fifteen months after the date of the filing of a notice	95
of appeal in the court of common pleas, or upon the rendering of a	96
final decision or order in the appeal by the court of common	97
pleas, whichever occurs first.	98

Within thirty days after receipt of a notice of appeal from	99
an order in any case in which a hearing is required by sections	100
119.01 to 119.13 of the Revised Code, the agency shall prepare and	101
certify to the court a complete record of the proceedings in the	102
case. Failure of the agency to comply within the time allowed,	103
upon motion, shall cause the court to enter a finding in favor of	104
the party adversely affected. Additional time, however, may be	105
granted by the court, not to exceed thirty days, when it is shown	106
that the agency has made substantial effort to comply. Such record	107
shall be prepared and transcribed and the expense of it shall be	108
taxed as a part of the costs on the appeal. The appellant shall	109
provide security for costs satisfactory to the court of common	110
pleas. Upon demand by any interested party, the agency shall	111
furnish at the cost of the party requesting it a copy of the	112
stenographic report of testimony offered and evidence submitted at	113
any hearing and a copy of the complete record.	114

Notwithstanding any other provision of this section, any	115
party desiring to appeal an order or decision of the state	116
personnel board of review shall, at the time of filing a notice of	117
appeal with the board, provide a security deposit in an amount and	118
manner prescribed in rules that the board shall adopt in	119
accordance with this chapter. In addition, the board is not	120
required to prepare or transcribe the record of any of its	121
proceedings unless the appellant has provided the deposit	122
described above. The failure of the board to prepare or transcribe	123
a record for an appellant who has not provided a security deposit	124
shall not cause a court to enter a finding adverse to the board.	125

Unless otherwise provided by law, in the hearing of the	126
appeal, the court is confined to the record as certified to it by	127
the agency. Unless otherwise provided by law, the court may grant	128
a request for the admission of additional evidence when satisfied	129
that such additional evidence is newly discovered and could not	130
with reasonable diligence have been ascertained prior to the	131
hearing before the agency.	132

The court shall conduct a hearing on such appeal and shall	133
give preference to all proceedings under sections 119.01 to 119.13	134
of the Revised Code, over all other civil cases, irrespective of	135
the position of the proceedings on the calendar of the court. An	136
appeal from an order of the state medical board issued pursuant to	137
division (G) of either section 4730.25 or 4731.22 of the Revised	138
Code, or the state chiropractic board issued pursuant to section	139
4734.37 of the Revised Code, or the liquor control commission	140
issued pursuant to Chapter 4301. or 4303. of the Revised Code	141
shall be set down for hearing at the earliest possible time and	142
takes precedence over all other actions. The hearing in the court	143
of common pleas shall proceed as in the trial of a civil action,	144
and the court shall determine the rights of the parties in	145
accordance with the laws applicable to such action. At such	146
hearing, counsel may be heard on oral argument, briefs may be	147
submitted, and evidence introduced if the court has granted a	148
request for the presentation of additional evidence.	149

The court may affirm the order of the agency complained of in	150
the appeal if it finds, upon consideration of the entire record	151
and such additional evidence as the court has admitted, that the	152
order is supported by reliable, probative, and substantial	153
evidence and is in accordance with law. In the absence of such a	154
finding, it may reverse, vacate, or modify the order or make such	155
other ruling as is supported by reliable, probative, and	156
substantial evidence and is in accordance with law. The court	157
shall award compensation for fees in accordance with section	158
2335.39 of the Revised Code to a prevailing party, other than an	159
agency, in an appeal filed pursuant to this section.	160

The judgment of the court shall be final and conclusive	161
unless reversed, vacated, or modified on appeal. Such appeals may	162
be taken either by the party or the agency, shall proceed as in	163
the case of appeals in civil actions, and shall be pursuant to the	164
Rules of Appellate Procedure and, to the extent not in conflict	165
with those rules, Chapter 2505. of the Revised Code. Such appeal	166
by the agency shall be taken on questions of law relating to the	167
constitutionality, construction, or interpretation of statutes and	168
rules of the agency, and in such appeal the court may also review	169
and determine the correctness of the judgment of the court of	170
common pleas that the order of the agency is not supported by any	171
reliable, probative, and substantial evidence in the entire	172
record.	173

The court shall certify its judgment to such agency or take	174
such other action necessary to give its judgment effect.	175

Sec. 3733.02.  (A)(1) The public health council, subject to	176
Chapter 119. of the Revised Code, shall adopt, and has the	177
exclusive power to adopt, rules of uniform application throughout	178
the state governing the review of plans, issuance of flood plain	179
management permits, and issuance of licenses for manufactured home	180
parks; the location, layout, density, construction, drainage,	181
sanitation, safety, and operation of those parks; blocking and	182
tiedowns of mobile and manufactured homes in those parks; and	183
notices of flood events concerning, and flood protection at, those	184
parks. The rules pertaining to flood plain management shall be	185
consistent with and not less stringent than the flood plain	186
management criteria of the national flood insurance program	187
adopted under the "National Flood Insurance Act of 1968," 82 Stat.	188
572, 42 U.S.C.A. 4001, as amended. The rules shall not apply to	189
the construction, erection, or manufacture of any building to	190
which section 3781.06 of the Revised Code is applicable.	191

(2) The rules pertaining to manufactured home parks	192
constructed after June 30, 1971, shall specify that each home must	193
be placed on its lot to provide not less than fifteen feet between	194
the side of one home and the side of another home, ten feet	195
between the end of one home and the side of another home, and five	196
feet between the ends of two homes placed end to end.	197

(B) The public health council, subject to Chapter 119. of the	198
Revised Code, shall adopt rules of uniform application throughout	199
the state governing the review of plans and issuance of licenses	200
for and the location, layout, construction, drainage, sanitation,	201
safety, and operation of recreational vehicle parks, recreation	202
camps, and combined park-camps. The rules shall not apply to the	203
construction, erection, or manufacture of any building to which	204
section 3781.06 of the Revised Code is applicable.	205

(C) The public health council, subject to Chapter 119. of the	206
Revised Code, shall adopt rules of uniform application throughout	207
the state governing the review of plans and issuance of licenses	208
for and the layout, sanitation, safety, and operation of temporary	209
park-camps. The rules shall not apply to the construction,	210
erection, or manufacture of any building to which section 3781.06	211
of the Revised Code is applicable.	212

(D) The public health council, in accordance with Chapter	213
119. of the Revised Code, shall adopt rules of uniform application	214
throughout the state establishing requirements and procedures in	215
accordance with which the director of health may authorize	216
licensors for the purposes of sections 3733.022 and 3733.025 of	217
the Revised Code. The rules shall include at least provisions	218
under which a licensor may enter into contracts for the purpose of	219
fulfilling the licensor's responsibilities under either or both of	220
those sections.	221

Sec. 3781.06.  (A)(1) Any building that may be used as a	222
place of resort, assembly, education, entertainment, lodging,	223
dwelling, trade, manufacture, repair, storage, traffic, or	224
occupancy by the public, and all other buildings or parts and	225
appurtenances thereof erected within this state, shall be so	226
constructed, erected, equipped, and maintained that they shall be	227
safe and sanitary for their intended use and occupancy, except	228
that sections 3781.06 to 3781.18 and 3791.04 of the Revised Code	229
shall be considered as model provisions with no force and effect	230
when applied to single-family, two-family, and three-family	231
dwelling houses, and accessory structures incidental to those	232
dwelling houses, that have not been constructed or erected as	233
industrialized one-family, two-family, or three-family units or	234
structures within the meaning of the term "industrialized unit" as	235
provided in division (C)(3) of this section, except where the	236
context specifies mandatory applicability.	237

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the	238
Revised Code shall be construed to limit the power of the public	239
health council to adopt rules of uniform application governing	240
manufactured home parks pursuant to section 3733.02 of the Revised	241
Code.	242

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	243
Code shall not apply to either of the following:	244

(1) Buildings or structures that are incident to the use for	245
agricultural purposes of the land on which such buildings or	246
structures are located, provided such buildings or structures are	247
not used in the business of retail trade. For purposes of this	248
division, a building or structure is not considered used in the	249
business of retail trade if fifty per cent or more of the gross	250
income received from sales of products in the building or	251
structure by the owner or operator is from sales of products	252
produced or raised in a normal crop year on farms owned or	253
operated by the seller.	254

(2) Existing single-family, two-family, and three-family	255
detached dwelling houses for which applications have been	256
submitted to the director of job and family services pursuant to	257
section 5104.03 of the Revised Code for the purposes of operating	258
type A family day-care homes as defined in section 5104.01 of the	259
Revised Code.	260

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	261
Revised Code:	262

(1) "Agricultural purposes" include agriculture, farming,	263
dairying, pasturage, apiculture, horticulture, floriculture,	264
viticulture, ornamental horticulture, olericulture, pomiculture,	265
and animal and poultry husbandry.	266

(2) "Building" means any structure consisting of foundations,	267
walls, columns, girders, beams, floors, and roof, or a combination	268
of any number of these parts, with or without other parts or	269
appurtenances.	270

(3) "Industrialized unit" means a building unit or assembly	271
of closed construction fabricated in an off-site facility, that is	272
substantially self-sufficient as a unit or as part of a greater	273
structure, and that requires transportation to the site of	274
intended use. "Industrialized unit" includes units installed on	275
the site as independent units, as part of a group of units, or	276
incorporated with standard construction methods to form a	277
completed structural entity. "Industrialized unit" does not	278
include a manufactured home as defined by division (C)(4) of this	279
section or a mobile home as defined by division (O) of section	280
4501.01 of the Revised Code.	281

(4) "Manufactured home" means a building unit or assembly of	282
closed construction that is fabricated in an off-site facility and	283
constructed in conformance with the federal construction and	284
safety standards established by the secretary of housing and urban	285
development pursuant to the "Manufactured Housing Construction and	286
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	287
5403, and that has a permanent label or tag affixed to it, as	288
specified in 42 U.S.C.A. 5415, certifying compliance with all	289
applicable federal construction and safety standards.	290

(5) "Permanent foundation" means permanent masonry, concrete,	291
or a locally approved footing or foundation approved by the	292
manufactured homes commission pursuant to Chapter 4781. of the	293
Revised Code, to which a manufactured or mobile home may be	294
affixed.	295

(6) "Permanently sited manufactured home" means a	296
manufactured home that meets all of the following criteria:	297

(a) The structure is affixed to a permanent foundation and is	298
connected to appropriate facilities;	299

(b) The structure, excluding any addition, has a width of at	300
least twenty-two feet at one point, a length of at least	301
twenty-two feet at one point, and a total living area, excluding	302
garages, porches, or attachments, of at least nine hundred square	303
feet;	304

(c) The structure has a minimum 3:12 residential roof pitch,	305
conventional residential siding, and a six-inch minimum eave	306
overhang, including appropriate guttering;	307

(d) The structure was manufactured after January 1, 1995;

308

(e) The structure is not located in a manufactured home park	309
as defined by section 3733.01 of the Revised Code.	310

(7) "Safe," with respect to a building, means it is free from	311
danger or hazard to the life, safety, health, or welfare of	312
persons occupying or frequenting it, or of the public and from	313
danger of settlement, movement, disintegration, or collapse,	314
whether such danger arises from the methods or materials of its	315
construction or from equipment installed therein, for the purpose	316
of lighting, heating, the transmission or utilization of electric	317
current, or from its location or otherwise.	318

(8) "Sanitary," with respect to a building, means it is free	319
from danger or hazard to the health of persons occupying or	320
frequenting it or to that of the public, if such danger arises	321
from the method or materials of its construction or from any	322
equipment installed therein, for the purpose of lighting, heating,	323
ventilating, or plumbing.	324

Sec. 4743.05.  Except as otherwise provided in sections	325
4701.20 and 4729.65 of the Revised Code, all money collected under	326
Chapters 3773., 4701., 4703., 4709., 4713., 4715., 4717., 4723.,	327
4725., 4729., 4732., 4733., 4734., 4736., 4741., 4753., 4755.,	328
4757., 4758., 4759., and 4761., and 4781. of the Revised Code, and	329
until December 31, 2004, money collected under Chapter 4779. of	330
the Revised Code, shall be paid into the state treasury to the	331
credit of the occupational licensing and regulatory fund, which is	332
hereby created for use in administering such chapters.	333

At the end of each quarter, the director of budget and	334
management shall transfer from the occupational licensing and	335
regulatory fund to the nurse education assistance fund created in	336
section 3333.28 of the Revised Code the amount certified to the	337
director under division (B) of section 4723.08 of the Revised	338
Code.	339

At the end of each quarter, the director shall transfer from	340
the occupational licensing and regulatory fund to the certified	341
public accountant education assistance fund created in section	342
4701.26 of the Revised Code the amount certified to the director	343
under division (H)(2) of section 4701.10 of the Revised Code.	344

Sec. 4781.01.  As used in this chapter:

345

(A) "Industrialized unit" has the same meaning as in division	346
(C)(3) of section 3781.06 of the Revised Code.	347

(B) "Installation" means any of the following:

348

(1) The temporary or permanent construction of stabilization,	349
support, and anchoring systems for manufactured housing;	350

(2) The placement and erection of a manufactured housing unit	351
or components of a unit on a structural support system;	352

(3) The supporting, blocking, leveling, securing, anchoring,	353
underpinning, or adjusting of any section or component of a	354
manufactured housing unit;	355

(4) The joining or connecting of all sections or components	356
of a manufactured housing unit.	357

(C) "Manufactured home" has the same meaning as in division	358
(C)(4) of section 3781.06 of the Revised Code.	359

(D) "Manufactured home park" has the same meaning as in	360
division (A) of section 3733.01 of the Revised Code.	361

(E) "Manufactured housing" means manufactured homes and	362
mobile homes.	363

(F) "Manufactured housing installer" means an individual who	364
installs manufactured housing.	365

(G) "Mobile home" has the same meaning as in division (O) of	366
section 4501.01 of the Revised Code.	367

(H) "Model standards" means the federal manufactured home	368
installation standards established pursuant to 42 U.S.C. 5404.	369

(I) "Permanent foundation" has the same meaning as in	370
division (C)(5) of section 3781.06 of the Revised Code.	371

Sec. 4781.02. (A) There is hereby created the manufactured	372
homes commission which consists of nine members, with three	373
members appointed by the governor, three members appointed by the	374
president of the senate, and three members appointed by the	375
speaker of the house of representatives.	376

(B)(1) Commission members shall be residents of this state,	377
except for members appointed pursuant to divisions (B)(3)(b) and	378
(B)(4)(a) of this section. Members shall be selected from a list	379
of persons the Ohio manufactured homes association recommends,	380
except for appointments made pursuant to division (B)(2) of this	381
section.	382

(2) The governor shall appoint the following members:

383

(a) One member to represent the board of building standards,	384
who may be a member of the board or a board employee not in the	385
classified civil service, with an initial term ending December 31,	386
2007;	387

(b) One member to represent the department of health, who may	388
be a department employee not in the classified civil service, with	389
an initial term ending December 31, 2005;	390

(c) One member whose primary residence is a manufactured	391
housing unit, with an initial term ending December 31, 2006.	392

(3) The president of the senate shall appoint the following	393
members:	394

(a) Two members who are manufactured housing installers who	395
have been actively engaged in the installation of manufactured	396
housing for the five years immediately prior to appointment, with	397
the initial term of one installer ending December 31, 2007 and the	398
initial term of the other installer ending December 31, 2005.	399

(b) One member who manufactures manufactured homes in this	400
state or who manufactures manufactured homes in another state and	401
ships homes into this state, to represent manufactured home	402
manufacturers, with an initial term ending December 31, 2006.	403

(4) The speaker of the house of representatives shall appoint	404
the following members:	405

(a) One member who operates a manufactured or mobile home	406
retail business in this state to represent manufactured and mobile	407
home retailers, with an initial term ending December 31, 2007;	408

(b) One member who is a manufactured home park operator or is	409
employed by an operator, with an initial term ending December 31,	410
2005;	411

(c) One member to represent the Ohio manufactured home	412
association, who may be the president or executive director of the	413
association, with an initial term ending December 31, 2006.	414

(C)(1) After the initial term, each term of office is for	415
four years ending on the thirty-first day of December. A member	416
holds office from the date of appointment until the end of the	417
term. No member may serve more than two consecutive four-year	418
terms.	419

(2) Any member appointed to fill a vacancy that occurs prior	420
to the expiration of a term continues in office for the remainder	421
of that term. Any member continues in office subsequent to the	422
expiration date of the term until the member's successor takes	423
office or until sixty days have elapsed, which ever occurs first.	424

(3) A vacancy on the commission does not impair the authority	425
of the remaining members to exercise all of the commission's	426
powers.	427

(D)(1) The governor may remove any member from office for	428
incompetence, neglect of duty, misfeasance, nonfeasance,	429
malfeasance, or unprofessional conduct in office.	430

(2) Vacancies shall be filled in the manner of the original	431
appointment.	432

Sec. 4781.03.  (A) No member of the manufactured homes	433
commission may participate in any vote regarding a contract or	434
license the commission awards if the member has a direct pecuniary	435
interest in that contract or license. No action of the commission	436
constitutes a conflict of interest for any member unless a	437
majority of the commission determines that a conflict of interest	438
would exist if a member participates in an action.	439

(B) The commission shall meet at least three times each	440
calendar year, upon the call of the chairperson or the written	441
request of a majority of the members. The chairperson shall	442
establish the time and place for each meeting. Five members	443
constitute a quorum, and at least five votes are necessary for the	444
commission to take action.	445

(C)(1) The commission shall elect a member as chairperson and	446
a member as vice-chairperson, with each serving for one year.	447

(2) The chairperson shall preside at all meetings with the	448
vice-chairperson presiding in the chairperson's absence. At any	449
time the chairperson and vice-chairperson are absent from a	450
meeting when a quorum exists, the members present shall elect a	451
presiding officer to act during the absence of the chairperson and	452
vice-chairperson.	453

(D) Members of the commission receive no compensation for	454
serving on the commission. Members are entitled to reimbursement	455
for actual and necessary expenses incurred in the discharge of	456
their official duties, including travel expenses, paid from the	457
manufactured homes commission operating fund created pursuant to	458
section 4781.13 of the Revised Code.	459

(E) The commission may employ administrative staff, not in	460
the classified civil service, including an executive director, to	461
serve at the pleasure of the commission to carry out duties and	462
functions the commission authorizes.	463

Sec. 4781.04. (A) The manufactured homes commission shall	464
adopt rules pursuant to Chapter 119. of the Revised Code to do all	465
of the following:	466

(1) Establish standards that govern the installation of	467
manufactured housing, with the minimum standards being the model	468
standards the secretary of the United States department of housing	469
and urban development adopts. The standards shall be consistent	470
with, and not less stringent than, the secretary's model standards	471
for the design and installation of manufactured housing or	472
manufacturers' standards that the secretary determines are equal	473
to or not less stringent than the model standards.	474

(2) Govern the inspection of the installation of manufactured	475
housing;	476

(3) Govern the design, construction, installation, approval,	477
and inspection of foundations and the base support systems for	478
manufactured and mobile homes;	479

(4) Govern the training, experience, and education	480
requirements for manufactured housing installers;	481

(5) Establish a code of ethics for manufactured housing	482
installers;	483

(6) Govern the issuance, revocation, and suspension of	484
licenses to manufactured housing installers;	485

(7) Establish fees for the issuance and renewal of licenses,	486
for conducting inspections to determine an applicant's compliance	487
with this chapter and the rules adopted pursuant to it, and for	488
the commission's expenses incurred in implementing this chapter;	489

(8) Establish conditions under which a licensee may enter	490
into contracts to fulfill the licensee's responsibilities;	491

(9) Govern the investigation of complaints concerning any	492
violation of this chapter or the rules adopted pursuant to it or	493
complaints involving the conduct of any licensed manufactured	494
housing installer or person installing manufactured housing	495
without a license;	496

(10) Establish a dispute resolution program for the timely	497
resolution of warranty issues, disputes regarding responsibility	498
for the correction or repair of defects in new and used	499
manufactured housing, and the installation of new and used	500
manufactured housing. The rules shall provide for the resolution	501
of disputes between manufacturers, retailers, installers, and	502
consumers, and shall require that any dispute that concerns an	503
installation be reported within one year following that	504
installation.	505

(11) Establish the requirements and procedures for the	506
certification of building departments and building department	507
personnel pursuant to section 4781.07 of the Revised Code;	508

(12) Establish fees to be charged to building departments and	509
building department personnel applying for certification and	510
renewal of certification pursuant to section 4781.07 of the	511
Revised Code;	512

(13) Carry out any other provision of this chapter.

513

(B) The manufactured homes commission shall do all of the	514
following:	515

(1) Prepare and administer a licensure examination to	516
determine an applicant's knowledge of manufactured housing	517
installation and other aspects of installation the commission	518
determines appropriate;	519

(2) Select, provide, or procure appropriate examination	520
questions and answers for the licensure examination and establish	521
the criteria for successful completion of the examination;	522

(3) Prepare and distribute any application form this chapter	523
requires;	524

(4) Receive applications for licenses and renewal of licenses	525
and issue licenses to qualified applicants;	526

(5) Establish procedures for processing, approving, and	527
disapproving applications for licensure;	528

(6) Retain records of applications for licensure, including	529
all application materials submitted and a written record of the	530
action taken on each application;	531

(7) Review the design and plans for manufactured housing	532
installations, foundations, and support systems;	533

(8) Inspect the construction and installation of manufactured	534
housing installations, foundations, and support systems to	535
determine compliance with the standards the commission adopts;	536

(9) Administer the manufactured homes commission operating	537
fund;	538

(10) Investigate complaints concerning violations of this	539
chapter or the rules adopted pursuant to it, or the conduct of any	540
manufactured housing installer;	541

(11) Determine appropriate disciplinary actions for	542
violations of this chapter;	543

(12) Conduct audits and inquiries of manufactured housing	544
installers as appropriate for the enforcement of this chapter. The	545
commission, or any person the commission employs for the purpose,	546
may review and audit the business records of any manufactured	547
housing installer during normal business hours.	548

(13) Perform any function or duty necessary to administer	549
this chapter and the rules adopted pursuant to it.	550

Sec. 4781.05. The executive director of the manufactured	551
homes commission shall do all of the following:	552

(A) With commission approval, secure and manage office space,	553
supplies, and the professional and clerical staff necessary to	554
effectively perform the executive director's and commission's	555
duties;	556

(B) Pursuant to rules the commission adopts, review	557
applications for manufactured housing installer licenses and on	558
behalf of the commission, issue licenses to qualified persons;	559

(C) Administer the dispute resolution program the commission	560
develops if the commission does not contract with the Ohio	561
manufactured homes association or another entity to administer the	562
program;	563

(D) Administer any continuing education program the	564
commission develops;	565

(E) Collect fees the commission establishes;

566

(F) Employ installation inspectors and investigators to serve	567
at the executive director's pleasure to assist in carrying out the	568
executive director's duties under this chapter or the duties the	569
commission delegates to the executive director;	570

(G) Serve as secretary of the commission and maintain a	571
written record of the commission's meetings and proceedings;	572

(H) Notify manufactured housing installers of changes in this	573
chapter and the rules adopted pursuant to it;	574

(I) Do all things the commission requests or delegates for	575
the administration and enforcement of this chapter.	576

Sec. 4781.06.  (A) The manufactured homes commission may	577
delegate to the executive director any of its duties set forth in	578
division (B) of section 4781.04 of the Revised Code.	579

(B) The commission may enter into a contract with the Ohio	580
manufactured homes association or another entity to administer the	581
dispute resolution program created pursuant to section 4781.04 of	582
the Revised Code. The contract shall specify the terms for the	583
administration of the program.	584

(C)(1) The commission may enter into a contract with any	585
private third party, municipal corporation, township, county,	586
state agency, or the Ohio manufactured homes association to	587
perform any of the commission's functions set forth in division	588
(B) of section 4781.04 of the Revised Code that the commission has	589
not delegated to the executive director.	590

(2) The commission shall not enter into any contract with any	591
person or building department to accept and approve plans and	592
specifications or to inspect manufactured housing foundations and	593
the installation of manufactured housing unless that person or	594
building department is certified pursuant to section 4781.07 of	595
the Revised Code.	596

Sec. 4781.07. (A) Pursuant to rules the manufactured homes	597
commission adopts, the commission may certify municipal, township,	598
and county building departments and the personnel of those	599
departments to exercise the commission's enforcement authority,	600
accept and approve plans and specifications for foundations,	601
support systems and installations, and inspect manufactured	602
housing foundations, support systems, and manufactured housing	603
installations. Any certification is effective for three years.	604

(B) Following an investigation and finding of facts that	605
support its action, the commission may revoke or suspend	606
certification. The commission may initiate an investigation on its	607
own motion or the petition of a person affected by the enforcement	608
or approval of plans.	609

Sec. 4781.08. (A) The manufactured homes commission shall	610
issue a manufactured housing installer's license to any applicant	611
who is at least eighteen years of age and meets all of the	612
following requirements:	613

(1) Submits an application to the commission on a form the	614
commission prescribes and pays the fee the commission requires;	615

(2) Completes all training requirements the commission	616
prescribes;	617

(3) Meets the experience requirements the commission	618
prescribes by rule;	619

(4) Has at least one year of experience installing	620
manufactured housing under the supervision of a licensed	621
manufactured home installer if applying for licensure after	622
January 1, 2006;	623

(5) Has completed an installation training course the	624
commission approves, which may be offered by the Ohio manufactured	625
homes association or other entity;	626

(6) Receives a passing score on the licensure examination the	627
commission administers;	628

(7) Provides information the commission requires to	629
demonstrate compliance with this chapter and the rules the	630
commission adopts;	631

(8) Provides the commission with three references from	632
persons who are retailers, manufacturers, or manufactured home	633
park operators familiar with the person's installation work	634
experience and competency, with at least two of the three	635
references provided after January 1, 2006, being from persons who	636
are licensed manufactured housing installers;	637

(9) Has liability insurance or a surety bond that is issued	638
by an insurance or surety company authorized to transact business	639
in Ohio, in the amount the commission specifies, and containing	640
the terms and conditions the commission requires;	641

(10) Is in compliance with section 4123.35 of the Revised	642
Code.	643

(B) The commission shall not grant a license to any person	644
who the commission finds has engaged in actions during the	645
previous two years that constitute a ground for denial,	646
suspension, or revocation of a license or who has had a license	647
revoked or disciplinary action imposed by the licensing or	648
certification board of another state or jurisdiction during the	649
previous two years in connection with the installation of	650
manufactured housing.	651

(C) Any person who is licensed, certified, or otherwise	652
approved under the laws of another state to perform functions	653
substantially similar to those of a manufactured housing installer	654
may apply to the commission for licensure on a form the commission	655
prescribes. The commission shall issue a license if the standards	656
for licensure, certification, or approval in the state in which	657
the applicant is licensed, certified, or approved are	658
substantially similar to or exceed the requirements set forth in	659
this chapter and the rules adopted pursuant to it. The commission	660
may require the applicant to pass the commission's licensure	661
examination.	662

(D) Any license issued pursuant to this section shall bear	663
the licensee's name and post office address, the issue date, a	664
serial number the commission designates, and the signature of the	665
commission chairperson or a person the commission designates	666
pursuant to rules.	667

(E) A manufactured housing installers license expires two	668
years after it is issued. The commission shall renew a license if	669
the applicant does all of the following:	670

(1) Meets the requirements of division (A) of this section;

671

(2) Demonstrates compliance with the requirements of this	672
chapter and the rules adopted pursuant to it;	673

(3) Meets the commission's continuing education requirements.

674

(F) No manufactured housing installer's license may be	675
transferred to another person.	676

Sec. 4781.09. (A) The manufactured homes commission may deny,	677
suspend, revoke, or refuse to renew the license of any	678
manufactured home installer for any of the following reasons:	679

(1) Failure to satisfy the requirements of section 4781.08 or	680
4781.10 of the Revised Code;	681

(2) Violation of this chapter or any rule adopted pursuant to	682
it;	683

(3) Making a material misstatement in an application for a	684
license;	685

(4) Installing manufactured housing without a license or	686
without being under the supervision of a licensed manufactured	687
housing installer;	688

(5) Failure to appear for a hearing before the commission or	689
to comply with any final adjudication order of the commission	690
issued pursuant to this chapter;	691

(6) Conviction of a felony or a crime involving moral	692
turpitude;	693

(7) Having had a license revoked, suspended, or denied by the	694
commission during the preceding two years;	695

(8) Having had a license revoked, suspended, or denied by	696
another state or jurisdiction during the preceding two years;	697

(9) Engaging in conduct in another state or jurisdiction that	698
would violate this chapter if committed in this state.	699

(B)(1) Any person whose license or license application is	700
revoked, suspended, denied, or not renewed or upon whom a civil	701
penalty is imposed pursuant to division (C) of this section may	702
request an adjudication hearing on the matter within thirty days	703
after receipt of the notice of the action. The hearing shall be	704
held in accordance with Chapter 119. of the Revised Code.	705

(2) Any licensee or applicant may appeal an order made	706
pursuant to an adjudication hearing in the manner provided in	707
section 119.12 of the Revised Code.	708

(3) Any action against the commission and any appeal from a	709
determination or decision the commission renders shall be brought	710
in the court of common pleas of Franklin county.	711

(C) As an alternative to suspending, revoking, or refusing to	712
renew a manufactured housing installer's license, the commission	713
may impose a civil penalty of not less than one hundred dollars or	714
more than five hundred dollars per violation of this chapter or	715
any rule adopted pursuant to it. The commission shall deposit	716
penalties in the occupational licensing and regulatory fund	717
pursuant to section 4743.05 of the Revised Code.	718

(D) A person whose license is suspended, revoked, or not	719
renewed may apply for a new license two years after the date on	720
which the license was suspended, revoked, or not renewed.	721

Sec. 4781.10. (A) The manufactured homes commission may	722
establish programs and requirements for continuing education for	723
manufactured housing installers. The commission shall not require	724
licensees to complete more than eight credit hours of continuing	725
education during each license period. If the commission	726
establishes a program of continuing education, it shall require	727
that only courses that the commission pre-approves be accepted for	728
licensure credit, and unless an extension is granted pursuant to	729
division (D) of this section, that all credit hours be	730
successfully completed prior to the expiration of the installer's	731
license.	732

(B) To provide the resources to administer continuing	733
education programs, the commission may establish nonrefundable	734
fees, including any of the following:	735

(1) An application fee not to exceed one hundred fifty	736
dollars charged to the sponsor of each proposed course;	737

(2) A renewal fee not to exceed seventy-five dollars, charged	738
to the sponsor of each course, for the annual renewal of course	739
approval;	740

(3) A course fee charged to the sponsor of each course	741
offered, not to exceed five dollars per credit hour, for each	742
person completing an approved course;	743

(4) A student fee charged to licensees, not to exceed fifty	744
dollars, for each course or activity a student submits to the	745
commission for approval.	746

(C) The commission may adopt reasonable rules not	747
inconsistent with this chapter to carry out any continuing	748
education program, including rules that govern the following:	749

(1) The content and subject matter of continuing education	750
courses;	751

(2) The criteria, standards, and procedures for the approval	752
of courses, course sponsors, and course instructors;	753

(3) The methods of instruction;

754

(4) The computation of course credit;

755

(5) The ability to carry forward course credit from one year	756
to another;	757

(6) Conditions under which the commission may grant a waiver	758
or variance from continuing education requirements on the basis of	759
hardship or other reasons;	760

(7) Procedures for compliance with the continuing education	761
requirements and sanctions for noncompliance.	762

(D) The commission shall not renew the license of any person	763
who fails to satisfy any continuing education requirement that the	764
commission establishes. The commission may, for good cause, grant	765
an extension of time to comply with the continuing education	766
requirements. Any installer who is granted an extension and	767
completes the continuing education requirements within the time	768
the commission establishes is deemed in compliance with the	769
education requirements. The license of any person who is granted	770
an extension shall remain in effect during the period of the	771
extension.	772

Sec. 4781.11.  (A)(1) Except as provided in division (B) of	773
this section, no person shall install manufactured housing unless	774
that person is licensed as a manufactured housing installer	775
pursuant to this chapter or unless a licensed manufactured housing	776
installer is present during the installation and supervises the	777
person who is not licensed.	778

(2) A licensed manufactured housing installer who supervises	779
the work of an unlicensed person is responsible for all	780
installation work that the unlicensed person performs under the	781
licensed person's supervision.	782

(3) A person who is not a licensed manufactured housing	783
installer may perform foundation or base support system	784
construction if supervised by a licensed installer. The licensed	785
installer need not be present during the construction of the	786
foundation or base support system but is responsible for the	787
construction of the foundation or base support system.	788

(B)(1) Nothing in this chapter requires a person to obtain a	789
manufactured housing installer license to install manufactured	790
housing for the person's own occupancy if the manufactured housing	791
is located on property that the person owns and is not located in	792
a manufactured home park.	793

(2) A person who installs manufactured housing in the manner	794
described in division (B)(1) of this section is not entitled to	795
claim any right or remedy or to bring a cause of action under this	796
chapter.	797

(C) No person shall install any manufactured housing	798
foundation or manufactured housing support system unless that	799
foundation or support system complies with the standards the	800
manufactured homes commission establishes and receives all	801
approvals and inspections that the commission requires.	802

(D) It is a violation of this chapter to do any of the	803
following:	804

(1) Represent another person's license as a manufactured	805
housing installer as one's own;	806

(2) Intentionally give false or materially misleading	807
information of any kind to the commission or to a commission	808
member in connection with licensing matters;	809

(3) Impersonate another manufactured housing installer;

810

(4) Use an expired, suspended, or revoked license.

811

Sec. 4781.12. (A) The manufactured homes commission may apply	812
to an appropriate court to enjoin any violation of this chapter or	813
the rules adopted pursuant to it. The court shall grant any	814
appropriate relief, including an injunction, restraining order, or	815
any combination thereof, upon a showing that a person has violated	816
or is about to violate this chapter or a rule adopted pursuant to	817
it.	818

(B) The prosecuting attorney of a county, a city director of	819
law, or the attorney general may, upon the complaint of the	820
commission, prosecute to termination or bring an action for	821
injunction against any person violating this chapter or the rules	822
adopted pursuant to it.	823

Sec. 4781.13.  There is hereby created in the state treasury	824
the manufactured homes commission operating fund which consists of	825
all money transferred to the fund pursuant to section 4743.05 of	826
the Revised Code. The fund shall be used for the administration	827
and enforcement of this chapter, including, but not limited to,	828
the payment of the commission's operating costs, staff salaries,	829
and expenses.	830

Sec. 4781.14.  (A) The state, through the manufactured homes	831
commission, has exclusive authority to regulate manufactured home	832
installers, the installation of manufactured housing, and	833
manufactured housing foundations and support systems in the state.	834
By enacting this chapter, it is the intent of the general assembly	835
to preempt municipal corporations and other political subdivisions	836
from regulating and licensing manufactured housing installers and	837
regulating and inspecting the installation of manufactured housing	838
and manufactured housing foundations and support systems.	839

(B) The manufactured homes commission has exclusive power to	840
adopt rules of uniform application throughout the state governing	841
installation of manufactured housing, the inspection of	842
manufactured housing foundations and support systems, the	843
installation of manufactured housing, the training and licensing	844
of manufactured housing installers, and the investigation of	845
complaints concerning manufactured housing installers.	846

(C) The rules the commission adopts pursuant to this chapter	847
are the exclusive rules governing the installation of manufactured	848
housing, the design, construction, and approval of foundations for	849
manufactured housing, the licensure of manufactured home	850
installers, and the fees charged for licensure of manufactured	851
home installers. No political subdivision of the state or any	852
department or agency of the state may establish any other	853
standards governing the installation of manufactured housing,	854
manufactured housing foundations and support systems, the	855
licensure of manufactured housing installers, or fees charged for	856
the licensure of manufactured housing installers.	857

Section 2. That existing sections 119.12, 3733.02, 3781.06,	858
and 4743.05 of the Revised Code are hereby repealed.	859

Section 3. Section 4781.11 of the Revised Code, as enacted by	860
this act, shall take effect one year after the effective date of	861
this act.	862