SENATORS Wachtmann, Jacobson, Prentiss

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

(3) The public health council, subject to Chapter 119. of the	198
Revised Code, shall adopt rules of uniform application throughout	199
the state governing installation, blocking, and tiedown of	200
manufactured housing in manufactured home parks. The rules	201
pertaining to the standards governing and inspections of the	202
installation, blocking, and tiedown of manufactured housing in a	203
manufactured home park, and any rules pertaining to the design,	204
construction, installation, approval, and inspection of	205
foundations and base support systems for manufactured housing in a	206
manufactured home park shall be identical to the rules pertaining	207
to those subjects the manufactured homes commission adopts	208
pursuant to section 4781.04 of the Revised Code. The rules shall	209
specify that all inspections of the installation, blocking, and	210
tiedown of manufactured housing in a manufactured home park the	211
department of health or a licensor conducts shall be conducted by	212
a person who has completed an installation training course	213
approved by the manufactured homes commission pursuant to division	214
(B) of section 4781.04 of the Revised Code.	215

As used in division (A)(3) of this section, "manufactured	216
housing" has the same meaning as in section 4781.01 of the Revised	217
Code.	218

(B) The public health council, subject to Chapter 119. of the	219
Revised Code, shall adopt rules of uniform application throughout	220
the state governing the review of plans and issuance of licenses	221
for and the location, layout, construction, drainage, sanitation,	222
safety, and operation of recreational vehicle parks, recreation	223
camps, and combined park-camps. The rules shall not apply to the	224
construction, erection, or manufacture of any building to which	225
section 3781.06 of the Revised Code is applicable.	226

(C) The public health council, subject to Chapter 119. of the	227
Revised Code, shall adopt rules of uniform application throughout	228
the state governing the review of plans and issuance of licenses	229
for and the layout, sanitation, safety, and operation of temporary	230
park-camps. The rules shall not apply to the construction,	231
erection, or manufacture of any building to which section 3781.06	232
of the Revised Code is applicable.	233

(D) The public health council, in accordance with Chapter	234
119. of the Revised Code, shall adopt rules of uniform application	235
throughout the state establishing requirements and procedures in	236
accordance with which the director of health may authorize	237
licensors for the purposes of sections 3733.022 and 3733.025 of	238
the Revised Code. The rules shall include at least provisions	239
under which a licensor may enter into contracts for the purpose of	240
fulfilling the licensor's responsibilities under either or both of	241
those sections.	242

Sec. 3781.06.  (A)(1) Any building that may be used as a	243
place of resort, assembly, education, entertainment, lodging,	244
dwelling, trade, manufacture, repair, storage, traffic, or	245
occupancy by the public, and all other buildings or parts and	246
appurtenances thereof erected within this state, shall be so	247
constructed, erected, equipped, and maintained that they shall be	248
safe and sanitary for their intended use and occupancy, except	249
that sections 3781.06 to 3781.18 and 3791.04 of the Revised Code	250
shall be considered as model provisions with no force and effect	251
when applied to single-family, two-family, and three-family	252
dwelling houses, and accessory structures incidental to those	253
dwelling houses, that have not been constructed or erected as	254
industrialized one-family, two-family, or three-family units or	255
structures within the meaning of the term "industrialized unit" as	256
provided in division (C)(3) of this section, except where the	257
context specifies mandatory applicability.	258

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the	259
Revised Code shall be construed to limit the power of the public	260
health council to adopt rules of uniform application governing	261
manufactured home parks pursuant to section 3733.02 of the Revised	262
Code.	263

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	264
Code shall not apply to either of the following:	265

(1) Buildings or structures that are incident to the use for	266
agricultural purposes of the land on which such buildings or	267
structures are located, provided such buildings or structures are	268
not used in the business of retail trade. For purposes of this	269
division, a building or structure is not considered used in the	270
business of retail trade if fifty per cent or more of the gross	271
income received from sales of products in the building or	272
structure by the owner or operator is from sales of products	273
produced or raised in a normal crop year on farms owned or	274
operated by the seller.	275

(2) Existing single-family, two-family, and three-family	276
detached dwelling houses for which applications have been	277
submitted to the director of job and family services pursuant to	278
section 5104.03 of the Revised Code for the purposes of operating	279
type A family day-care homes as defined in section 5104.01 of the	280
Revised Code.	281

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	282
Revised Code:	283

(1) "Agricultural purposes" include agriculture, farming,	284
dairying, pasturage, apiculture, horticulture, floriculture,	285
viticulture, ornamental horticulture, olericulture, pomiculture,	286
and animal and poultry husbandry.	287

(2) "Building" means any structure consisting of foundations,	288
walls, columns, girders, beams, floors, and roof, or a combination	289
of any number of these parts, with or without other parts or	290
appurtenances.	291

(3) "Industrialized unit" means a building unit or assembly	292
of closed construction fabricated in an off-site facility, that is	293
substantially self-sufficient as a unit or as part of a greater	294
structure, and that requires transportation to the site of	295
intended use. "Industrialized unit" includes units installed on	296
the site as independent units, as part of a group of units, or	297
incorporated with standard construction methods to form a	298
completed structural entity. "Industrialized unit" does not	299
include a manufactured home as defined by division (C)(4) of this	300
section or a mobile home as defined by division (O) of section	301
4501.01 of the Revised Code.	302

(4) "Manufactured home" means a building unit or assembly of	303
closed construction that is fabricated in an off-site facility and	304
constructed in conformance with the federal construction and	305
safety standards established by the secretary of housing and urban	306
development pursuant to the "Manufactured Housing Construction and	307
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	308
5403, and that has a permanent label or tag affixed to it, as	309
specified in 42 U.S.C.A. 5415, certifying compliance with all	310
applicable federal construction and safety standards.	311

(5) "Permanent foundation" means permanent masonry, concrete,	312
or a locally approved footing or foundation approved by the	313
manufactured homes commission pursuant to Chapter 4781. of the	314
Revised Code, to which a manufactured or mobile home may be	315
affixed.	316

(6) "Permanently sited manufactured home" means a	317
manufactured home that meets all of the following criteria:	318

(a) The structure is affixed to a permanent foundation and is	319
connected to appropriate facilities;	320

(b) The structure, excluding any addition, has a width of at	321
least twenty-two feet at one point, a length of at least	322
twenty-two feet at one point, and a total living area, excluding	323
garages, porches, or attachments, of at least nine hundred square	324
feet;	325

(c) The structure has a minimum 3:12 residential roof pitch,	326
conventional residential siding, and a six-inch minimum eave	327
overhang, including appropriate guttering;	328

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

329

(e) The structure is not located in a manufactured home park	330
as defined by section 3733.01 of the Revised Code.	331

(7) "Safe," with respect to a building, means it is free from	332
danger or hazard to the life, safety, health, or welfare of	333
persons occupying or frequenting it, or of the public and from	334
danger of settlement, movement, disintegration, or collapse,	335
whether such danger arises from the methods or materials of its	336
construction or from equipment installed therein, for the purpose	337
of lighting, heating, the transmission or utilization of electric	338
current, or from its location or otherwise.	339

(8) "Sanitary," with respect to a building, means it is free	340
from danger or hazard to the health of persons occupying or	341
frequenting it or to that of the public, if such danger arises	342
from the method or materials of its construction or from any	343
equipment installed therein, for the purpose of lighting, heating,	344
ventilating, or plumbing.	345

Sec. 4743.05.  Except as otherwise provided in sections	346
4701.20, 4723.062, 4723.082, and 4729.65 of the Revised Code, all	347
money collected under Chapters 3773., 4701., 4703., 4709., 4713.,	348
4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736.,	349
4741., 4753., 4755., 4757., 4758., 4759., 4761., 4771., and 4779.,	350
and 4781. of the Revised Code shall be paid into the state	351
treasury to the credit of the occupational licensing and	352
regulatory fund, which is hereby created for use in administering	353
such chapters.	354

At the end of each quarter, the director of budget and	355
management shall transfer from the occupational licensing and	356
regulatory fund to the nurse education assistance fund created in	357
section 3333.28 of the Revised Code the amount certified to the	358
director under division (B) of section 4723.08 of the Revised	359
Code.	360

At the end of each quarter, the director shall transfer from	361
the occupational licensing and regulatory fund to the certified	362
public accountant education assistance fund created in section	363
4701.26 of the Revised Code the amount certified to the director	364
under division (H)(2) of section 4701.10 of the Revised Code.	365

Sec. 4781.01.  As used in this chapter:

366

(A) "Industrialized unit" has the same meaning as in division	367
(C)(3) of section 3781.06 of the Revised Code.	368

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

369

(1) The temporary or permanent construction of stabilization,	370
support, and anchoring systems for manufactured housing;	371

(2) The placement and erection of a manufactured housing unit	372
or components of a unit on a structural support system;	373

(3) The supporting, blocking, leveling, securing, anchoring,	374
underpinning, or adjusting of any section or component of a	375
manufactured housing unit;	376

(4) The joining or connecting of all sections or components	377
of a manufactured housing unit.	378

(C) "Manufactured home" has the same meaning as in division	379
(C)(4) of section 3781.06 of the Revised Code.	380

(D) "Manufactured home park" has the same meaning as in	381
division (A) of section 3733.01 of the Revised Code.	382

(E) "Manufactured housing" means manufactured homes and	383
mobile homes.	384

(F) "Manufactured housing installer" means an individual who	385
installs manufactured housing.	386

(G) "Mobile home" has the same meaning as in division (O) of	387
section 4501.01 of the Revised Code.	388

(H) "Model standards" means the federal manufactured home	389
installation standards established pursuant to 42 U.S.C. 5404.	390

(I) "Permanent foundation" has the same meaning as in	391
division (C)(5) of section 3781.06 of the Revised Code.	392

Sec. 4781.02. (A) There is hereby created the manufactured	393
homes commission which consists of nine members, with three	394
members appointed by the governor, three members appointed by the	395
president of the senate, and three members appointed by the	396
speaker of the house of representatives.	397

(B)(1) Commission members shall be residents of this state,	398
except for members appointed pursuant to divisions (B)(3)(b) and	399
(B)(4)(a) of this section. Members shall be selected from a list	400
of persons the Ohio manufactured homes association, or any	401
successor entity, recommends, except for appointments made	402
pursuant to division (B)(2) of this section.	403

(2) The governor shall appoint the following members:

404

(a) One member to represent the board of building standards,	405
who may be a member of the board or a board employee not in the	406
classified civil service, with an initial term ending December 31,	407
2007;	408

(b) One member to represent the department of health, who may	409
be a department employee not in the classified civil service, with	410
an initial term ending December 31, 2005;	411

(c) One member whose primary residence is a manufactured	412
home, with an initial term ending December 31, 2006.	413

(3) The president of the senate shall appoint the following	414
members:	415

(a) Two members who are manufactured housing installers who	416
have been actively engaged in the installation of manufactured	417
housing for the five years immediately prior to appointment, with	418
the initial term of one installer ending December 31, 2007 and the	419
initial term of the other installer ending December 31, 2005.	420

(b) One member who manufactures manufactured homes in this	421
state or who manufactures manufactured homes in another state and	422
ships homes into this state, to represent manufactured home	423
manufacturers, with an initial term ending December 31, 2006.	424

(4) The speaker of the house of representatives shall appoint	425
the following members:	426

(a) One member who operates a manufactured or mobile home	427
retail business in this state to represent manufactured and mobile	428
home retailers, with an initial term ending December 31, 2007;	429

(b) One member who is a manufactured home park operator or is	430
employed by an operator, with an initial term ending December 31,	431
2005;	432

(c) One member to represent the Ohio manufactured home	433
association, or any successor entity, who may be the president or	434
executive director of the association or the successor entity,	435
with an initial term ending December 31, 2006.	436

(C)(1) After the initial term, each term of office is for	437
four years ending on the thirty-first day of December. A member	438
holds office from the date of appointment until the end of the	439
term. No member may serve more than two consecutive four-year	440
terms.	441

(2) Any member appointed to fill a vacancy that occurs prior	442
to the expiration of a term continues in office for the remainder	443
of that term. Any member continues in office subsequent to the	444
expiration date of the term until the member's successor takes	445
office or until sixty days have elapsed, which ever occurs first.	446

(3) A vacancy on the commission does not impair the authority	447
of the remaining members to exercise all of the commission's	448
powers.	449

(D)(1) The governor may remove any member from office for	450
incompetence, neglect of duty, misfeasance, nonfeasance,	451
malfeasance, or unprofessional conduct in office.	452

(2) Vacancies shall be filled in the manner of the original	453
appointment.	454

Sec. 4781.03.  (A) No member of the manufactured homes	455
commission may participate in any vote regarding a contract or	456
license the commission awards if the member has a direct pecuniary	457
or fiduciary interest in that contract or license.	458

(B) The commission shall meet at least three times each	459
calendar year, upon the call of the chairperson or the written	460
request of a majority of the members. The chairperson shall	461
establish the time and place for each meeting. Five members	462
constitute a quorum, and at least five votes are necessary for the	463
commission to take action.	464

(C)(1) The commission shall elect a member as chairperson and	465
a member as vice-chairperson, with each serving for one year.	466

(2) The chairperson shall preside at all meetings with the	467
vice-chairperson presiding in the chairperson's absence. At any	468
time the chairperson and vice-chairperson are absent from a	469
meeting when a quorum exists, the members present shall elect a	470
presiding officer to act during the absence of the chairperson and	471
vice-chairperson.	472

(D) Members of the commission receive no compensation for	473
serving on the commission. Members are entitled to reimbursement	474
for actual and necessary expenses incurred in the discharge of	475
their official duties, including travel expenses.	476

(E) The commission may employ administrative staff, not in	477
the classified civil service, including an executive director, to	478
serve at the pleasure of the commission to carry out duties and	479
functions the commission authorizes.	480

(F) Serving as a member of the manufactured homes commission	481
does not constitute holding a public office or position of	482
employment, and service on the commission is not grounds for	483
removing a commission member from a public office or position of	484
employment.	485

Sec. 4781.04. (A) The manufactured homes commission shall	486
adopt rules pursuant to Chapter 119. of the Revised Code to do all	487
of the following:	488

(1) Establish uniform standards that govern the installation	489
of manufactured housing. The standards shall be consistent with,	490
and not less stringent than, the model standards for the design	491
and installation of manufactured housing adopted by the secretary	492
of the United States department of housing and urban development	493
or manufacturers' standards that the secretary determines are	494
equal to or not less stringent than the model standards.	495

(2) Govern the inspection of the installation of manufactured	496
housing. The rules shall specify that the department of health or	497
a licensor, as determined by the director of health, shall conduct	498
all inspections of the installation of manufactured housing	499
located in manufactured home parks to determine compliance with	500
the uniform installation standards the commission establishes	501
pursuant to this section. The rules shall specify that all	502
installation inspections in a manufactured home park the	503
department of health or the licensor conducts shall be conducted	504
by a person who has completed an installation training course	505
approved by the commission pursuant to division (B) of section	506
4781.04 of the Revised Code.	507

As used in division (A)(2) of this section, "licensor" has	508
the same meaning as in section 3733.01 of the Revised Code.	509

(3) Govern the design, construction, installation, approval,	510
and inspection of foundations and the base support systems for	511
manufactured housing. The rules shall specify that the department	512
of health or the licensor, as determined by the director of	513
health, shall conduct all inspections of the installation,	514
foundations, and base support systems of manufactured housing	515
located in manufactured home parks to determine compliance with	516
the uniform installation standards and foundation and base support	517
system design the commission establishes pursuant to this section.	518
The rules shall specify that all foundation and base support	519
system inspections in a manufactured home park the department of	520
health or the licensor conducts shall be conducted by a person who	521
has completed an installation training course approved by the	522
commission pursuant to division (B) of section 4781.04 of the	523
Revised Code.	524

As used in this section, "licensor" has the same meaning as	525
in section 3733.01 of the Revised Code.	526

(4) Govern the training, experience, and education	527
requirements for manufactured housing installers;	528

(5) Establish a code of ethics for manufactured housing	529
installers;	530

(6) Govern the issuance, revocation, and suspension of	531
licenses to manufactured housing installers;	532

(7) Establish fees for the issuance and renewal of licenses,	533
for conducting inspections to determine an applicant's compliance	534
with this chapter and the rules adopted pursuant to it, and for	535
the commission's expenses incurred in implementing this chapter;	536

(8) Establish conditions under which a licensee may enter	537
into contracts to fulfill the licensee's responsibilities;	538

(9) Govern the investigation of complaints concerning any	539
violation of this chapter or the rules adopted pursuant to it or	540
complaints involving the conduct of any licensed manufactured	541
housing installer or person installing manufactured housing	542
without a license;	543

(10) Establish a dispute resolution program for the timely	544
resolution of warranty issues involving new manufactured homes,	545
disputes regarding responsibility for the correction or repair of	546
defects in manufactured housing, and the installation of	547
manufactured housing. The rules shall provide for the timely	548
resolution of disputes between manufacturers, retailers, and	549
installers regarding the correction or repair of defects in	550
manufactured housing that are reported by the purchaser of the	551
home during the one year period beginning on the date of	552
installation of the home. The rules also shall provide that	553
decisions made regarding the dispute under the program are not	554
binding upon the purchaser of the home or the other parties	555
involved in the dispute unless the purchaser so agrees in a	556
written acknowledgement that the purchaser signs and delivers to	557
the program within ten business days after the decision is issued.	558

(11) Establish the requirements and procedures for the	559
certification of building departments and building department	560
personnel pursuant to section 4781.07 of the Revised Code;	561

(12) Establish fees to be charged to building departments and	562
building department personnel applying for certification and	563
renewal of certification pursuant to section 4781.07 of the	564
Revised Code;	565

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

566

(B) The manufactured homes commission shall do all of the	567
following:	568

(1) Prepare and administer a licensure examination to	569
determine an applicant's knowledge of manufactured housing	570
installation and other aspects of installation the commission	571
determines appropriate;	572

(2) Select, provide, or procure appropriate examination	573
questions and answers for the licensure examination and establish	574
the criteria for successful completion of the examination;	575

(3) Prepare and distribute any application form this chapter	576
requires;	577

(4) Receive applications for licenses and renewal of licenses	578
and issue licenses to qualified applicants;	579

(5) Establish procedures for processing, approving, and	580
disapproving applications for licensure;	581

(6) Retain records of applications for licensure, including	582
all application materials submitted and a written record of the	583
action taken on each application;	584

(7) Review the design and plans for manufactured housing	585
installations, foundations, and support systems;	586

(8) Inspect a sample of homes at a percentage the commission	587
determines to evaluate the construction and installation of	588
manufactured housing installations, foundations, and support	589
systems to determine compliance with the standards the commission	590
adopts;	591

(9) Investigate complaints concerning violations of this	592
chapter or the rules adopted pursuant to it, or the conduct of any	593
manufactured housing installer;	594

(10) Determine appropriate disciplinary actions for	595
violations of this chapter;	596

(11) Conduct audits and inquiries of manufactured housing	597
installers as appropriate for the enforcement of this chapter. The	598
commission, or any person the commission employs for the purpose,	599
may review and audit the business records of any manufactured	600
housing installer during normal business hours.	601

(12) Approve an installation training course, which may be	602
offered by the Ohio manufactured homes association or other	603
entity;	604

(13) Perform any function or duty necessary to administer	605
this chapter and the rules adopted pursuant to it.	606

Sec. 4781.05. The executive director of the manufactured	607
homes commission shall do all of the following:	608

(A) With commission approval, secure and manage office space,	609
supplies, and the professional and clerical staff necessary to	610
effectively perform the executive director's and commission's	611
duties;	612

(B) Pursuant to rules the commission adopts, review	613
applications for manufactured housing installer licenses and on	614
behalf of the commission, issue licenses to qualified persons;	615

(C) Administer the dispute resolution program the commission	616
develops if the commission does not contract with the Ohio	617
manufactured homes association or another entity to administer the	618
program;	619

(D) Administer any continuing education program the	620
commission develops;	621

(E) Collect fees the commission establishes;

622

(F) Except as provided in divisions (A)(2) and (3) of section	623
4781.04 of the Revised Code, employ installation inspectors and	624
investigators to serve at the executive director's pleasure to	625
assist in carrying out the executive director's duties under this	626
chapter or the duties the commission delegates to the executive	627
director;	628

(G) Serve as secretary of the commission and maintain a	629
written record of the commission's meetings and proceedings;	630

(H) Notify manufactured housing installers of changes in this	631
chapter and the rules adopted pursuant to it;	632

(I) Do all things the commission requests or delegates for	633
the administration and enforcement of this chapter.	634

Sec. 4781.06.  (A) The manufactured homes commission may	635
delegate to the executive director any of its duties set forth in	636
division (B) of section 4781.04 of the Revised Code.	637

(B) The commission may enter into a contract with the Ohio	638
manufactured homes association or another entity to administer the	639
dispute resolution program created pursuant to section 4781.04 of	640
the Revised Code. The contract shall specify the terms for the	641
administration of the program.	642

(C)(1) The commission may enter into a contract with any	643
private third party, municipal corporation, township, county,	644
state agency, or the Ohio manufactured homes association, or any	645
successor entity, to perform any of the commission's functions set	646
forth in division (B) of section 4781.04 of the Revised Code that	647
the commission has not delegated to the executive director. Each	648
contract shall specify the compensation to be paid to the private	649
third party, municipal corporation, township, county, state	650
agency, or the Ohio manufactured homes association, or successor	651
entity, for the performance of the commission's functions.	652

(2) Except as provided in this division, the commission shall	653
not enter into any contract with any person or building department	654
to accept and approve plans and specifications or to inspect	655
manufactured housing foundations and the installation of	656
manufactured housing unless that person or building department is	657
certified pursuant to section 4781.07 of the Revised Code. The	658
commission shall not require inspectors the Ohio department of	659
health employs to obtain certification pursuant to section 4781.07	660
of the Revised Code, but shall require inspectors to complete an	661
installation training course approved by the commission pursuant	662
to division (B) of section 4781.04 of the Revised Code.	663

Sec. 4781.07. (A) Pursuant to rules the manufactured homes	664
commission adopts, the commission may certify municipal, township,	665
and county building departments and the personnel of those	666
departments, or any private third party, to exercise the	667
commission's enforcement authority, accept and approve plans and	668
specifications for foundations, support systems and installations,	669
and inspect manufactured housing foundations, support systems, and	670
manufactured housing installations. Any certification is effective	671
for three years.	672

(B) Following an investigation and finding of facts that	673
support its action, the commission may revoke or suspend	674
certification. The commission may initiate an investigation on its	675
own motion or the petition of a person affected by the enforcement	676
or approval of plans.	677

Sec. 4781.08. (A) The manufactured homes commission shall	678
issue a manufactured housing installer's license to any applicant	679
who is at least eighteen years of age and meets all of the	680
following requirements:	681

(1) Submits an application to the commission on a form the	682
commission prescribes and pays the fee the commission requires;	683

(2) Completes all training requirements the commission	684
prescribes;	685

(3) Meets the experience requirements the commission	686
prescribes by rule;	687

(4) Has at least one year of experience installing	688
manufactured housing under the supervision of a licensed	689
manufactured home installer if applying for licensure after	690
January 1, 2006;	691

(5) Has completed an installation training course the	692
commission approves, which may be offered by the Ohio manufactured	693
homes association or other entity;	694

(6) Receives a passing score on the licensure examination the	695
commission administers;	696

(7) Provides information the commission requires to	697
demonstrate compliance with this chapter and the rules the	698
commission adopts;	699

(8) Provides the commission with three references from	700
persons who are retailers, manufacturers, or manufactured home	701
park operators familiar with the person's installation work	702
experience and competency, with at least two of the three	703
references provided after January 1, 2006, being from persons who	704
are licensed manufactured housing installers;	705

(9) Has liability insurance or a surety bond that is issued	706
by an insurance or surety company authorized to transact business	707
in Ohio, in the amount the commission specifies, and containing	708
the terms and conditions the commission requires;	709

(10) Is in compliance with section 4123.35 of the Revised	710
Code.	711

(B) The commission shall not grant a license to any person	712
who the commission finds has engaged in actions during the	713
previous two years that constitute a ground for denial,	714
suspension, or revocation of a license or who has had a license	715
revoked or disciplinary action imposed by the licensing or	716
certification board of another state or jurisdiction during the	717
previous two years in connection with the installation of	718
manufactured housing.	719

(C) Any person who is licensed, certified, or otherwise	720
approved under the laws of another state to perform functions	721
substantially similar to those of a manufactured housing installer	722
may apply to the commission for licensure on a form the commission	723
prescribes. The commission shall issue a license if the standards	724
for licensure, certification, or approval in the state in which	725
the applicant is licensed, certified, or approved are	726
substantially similar to or exceed the requirements set forth in	727
this chapter and the rules adopted pursuant to it. The commission	728
may require the applicant to pass the commission's licensure	729
examination.	730

(D) Any license issued pursuant to this section shall bear	731
the licensee's name and post-office address, the issue date, a	732
serial number the commission designates, and the signature of the	733
commission chairperson or a person the commission designates	734
pursuant to rules.	735

(E) A manufactured housing installers license expires two	736
years after it is issued. The commission shall renew a license if	737
the applicant does all of the following:	738

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

739

(2) Demonstrates compliance with the requirements of this	740
chapter and the rules adopted pursuant to it;	741

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

742

(F) No manufactured housing installer's license may be	743
transferred to another person.	744

Sec. 4781.09. (A) The manufactured homes commission may deny,	745
suspend, revoke, or refuse to renew the license of any	746
manufactured home installer for any of the following reasons:	747

(1) Failure to satisfy the requirements of section 4781.08 or	748
4781.10 of the Revised Code;	749

(2) Violation of this chapter or any rule adopted pursuant to	750
it;	751

(3) Making a material misstatement in an application for a	752
license;	753

(4) Installing manufactured housing without a license or	754
without being under the supervision of a licensed manufactured	755
housing installer;	756

(5) Failure to appear for a hearing before the commission or	757
to comply with any final adjudication order of the commission	758
issued pursuant to this chapter;	759

(6) Conviction of a felony or a crime involving moral	760
turpitude;	761

(7) Having had a license revoked, suspended, or denied by the	762
commission during the preceding two years;	763

(8) Having had a license revoked, suspended, or denied by	764
another state or jurisdiction during the preceding two years;	765

(9) Engaging in conduct in another state or jurisdiction that	766
would violate this chapter if committed in this state.	767

(10) Failing to provide written notification of an	768
installation pursuant to division (D) of section 4781.11 of the	769
Revised Code to a county treasurer or county auditor.	770

(B)(1) Any person whose license or license application is	771
revoked, suspended, denied, or not renewed or upon whom a civil	772
penalty is imposed pursuant to division (C) of this section may	773
request an adjudication hearing on the matter within thirty days	774
after receipt of the notice of the action. The hearing shall be	775
held in accordance with Chapter 119. of the Revised Code.	776

(2) Any licensee or applicant may appeal an order made	777
pursuant to an adjudication hearing in the manner provided in	778
section 119.12 of the Revised Code.	779

(3) Any action against the commission and any appeal from a	780
determination or decision the commission renders shall be brought	781
in the court of common pleas of Franklin county.	782

(C) As an alternative to suspending, revoking, or refusing to	783
renew a manufactured housing installer's license, the commission	784
may impose a civil penalty of not less than one hundred dollars or	785
more than five hundred dollars per violation of this chapter or	786
any rule adopted pursuant to it. The commission shall deposit	787
penalties in the occupational licensing and regulatory fund	788
pursuant to section 4743.05 of the Revised Code.	789

(D) A person whose license is suspended, revoked, or not	790
renewed may apply for a new license two years after the date on	791
which the license was suspended, revoked, or not renewed.	792

Sec. 4781.10. (A) The manufactured homes commission may	793
establish programs and requirements for continuing education for	794
manufactured housing installers. The commission shall not require	795
licensees to complete more than eight credit hours of continuing	796
education during each license period. If the commission	797
establishes a program of continuing education, it shall require	798
that only courses that the commission preapproves be accepted for	799
licensure credit, and unless an extension is granted pursuant to	800
division (D) of this section, that all credit hours be	801
successfully completed prior to the expiration of the installer's	802
license.	803

(B) To provide the resources to administer continuing	804
education programs, the commission may establish nonrefundable	805
fees, including any of the following:	806

(1) An application fee not to exceed one hundred fifty	807
dollars charged to the sponsor of each proposed course;	808

(2) A renewal fee not to exceed seventy-five dollars, charged	809
to the sponsor of each course, for the annual renewal of course	810
approval;	811

(3) A course fee charged to the sponsor of each course	812
offered, not to exceed five dollars per credit hour, for each	813
person completing an approved course;	814

(4) A student fee charged to licensees, not to exceed fifty	815
dollars, for each course or activity a student submits to the	816
commission for approval.	817

(C) The commission may adopt reasonable rules not	818
inconsistent with this chapter to carry out any continuing	819
education program, including rules that govern the following:	820

(1) The content and subject matter of continuing education	821
courses;	822

(2) The criteria, standards, and procedures for the approval	823
of courses, course sponsors, and course instructors;	824

(3) The methods of instruction;

825

(4) The computation of course credit;

826

(5) The ability to carry forward course credit from one year	827
to another;	828

(6) Conditions under which the commission may grant a waiver	829
or variance from continuing education requirements on the basis of	830
hardship or other reasons;	831

(7) Procedures for compliance with the continuing education	832
requirements and sanctions for noncompliance.	833

(D) The commission shall not renew the license of any person	834
who fails to satisfy any continuing education requirement that the	835
commission establishes. The commission may, for good cause, grant	836
an extension of time to comply with the continuing education	837
requirements. Any installer who is granted an extension and	838
completes the continuing education requirements within the time	839
the commission establishes is deemed in compliance with the	840
education requirements. The license of any person who is granted	841
an extension shall remain in effect during the period of the	842
extension.	843

Sec. 4781.11.  (A)(1) Except as provided in division (B) of	844
this section, no person shall install manufactured housing unless	845
that person is licensed as a manufactured housing installer	846
pursuant to this chapter or unless a licensed manufactured housing	847
installer is present during the installation and supervises the	848
person who is not licensed.	849

(2) A licensed manufactured housing installer who supervises	850
the work of an unlicensed person is responsible for all	851
installation work that the unlicensed person performs under the	852
licensed person's supervision.	853

(3) A person who is not a licensed manufactured housing	854
installer may perform foundation or base support system	855
construction if supervised by a licensed installer. The licensed	856
installer need not be present during the construction of the	857
foundation or base support system but is responsible for the	858
construction of the foundation or base support system.	859

(B)(1) Nothing in this chapter requires a person to obtain a	860
manufactured housing installer license to install manufactured	861
housing for the person's own occupancy if the manufactured housing	862
is located on property that the person owns and is not located in	863
a manufactured home park.	864

(2) A person who installs manufactured housing in the manner	865
described in division (B)(1) of this section is not entitled to	866
claim any right or remedy or to bring a cause of action under this	867
chapter.	868

(C) No person shall install any manufactured housing	869
foundation or manufactured housing support system unless that	870
foundation or support system complies with the standards the	871
manufactured homes commission establishes and receives all	872
approvals and inspections that the commission requires.	873

(D) Within fourteen days after the installation, a	874
manufactured housing installer who performs or supervises a	875
manufactured housing installation shall provide to both the	876
treasurer and the auditor of the county in which the installation	877
is being performed a written notice containing all of the	878
following information:	879

(1) The address or location of the installation;

880

(2) The date of the installation;

881

(3) The make and model of the installed manufactured housing	882
unit;	883

(4) The name of the owner of the installed manufactured	884
housing unit.	885

(E) It is a violation of this chapter to do any of the	886
following:	887

(1) Represent another person's license as a manufactured	888
housing installer as one's own;	889

(2) Intentionally give false or materially misleading	890
information of any kind to the commission or to a commission	891
member in connection with licensing matters;	892

(3) Impersonate another manufactured housing installer;

893

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

894

Sec. 4781.12. (A) The manufactured homes commission may apply	895
to an appropriate court to enjoin any violation of this chapter or	896
the rules adopted pursuant to it. The court shall grant any	897
appropriate relief, including an injunction, restraining order, or	898
any combination thereof, upon a showing that a person has violated	899
or is about to violate this chapter or a rule adopted pursuant to	900
it.	901

(B) The prosecuting attorney of a county, a city director of	902
law, or the attorney general may, upon the complaint of the	903
commission, prosecute to termination or bring an action for	904
injunction against any person violating this chapter or the rules	905
adopted pursuant to it.	906

Sec. 4781.13.  The manufactured homes commission, shall	907
deposit all receipts, from any source, in the state treasury to	908
the credit of the occupational licensing and regulatory fund.	909

Sec. 4781.14.  (A) Except as provided in division (A)(3) of	910
section 3733.02 of the Revised Code, the state, through the	911
manufactured homes commission, has exclusive authority to regulate	912
manufactured home installers, the installation of manufactured	913
housing, and manufactured housing foundations and support systems	914
in the state. By enacting this chapter, it is the intent of the	915
general assembly to preempt municipal corporations and other	916
political subdivisions from regulating and licensing manufactured	917
housing installers and regulating and inspecting the installation	918
of manufactured housing and manufactured housing foundations and	919
support systems.	920

(B) Except as provided in division (A)(3) of section 3733.02	921
of the Revised Code, the manufactured homes commission has	922
exclusive power to adopt rules of uniform application throughout	923
the state governing installation of manufactured housing, the	924
inspection of manufactured housing foundations and support	925
systems, the inspection of the installation of manufactured	926
housing, the training and licensing of manufactured housing	927
installers, and the investigation of complaints concerning	928
manufactured housing installers.	929

(C) Except as provided in division (A)(3) of section 3733.02	930
of the Revised Code, the rules the commission adopts pursuant to	931
this chapter are the exclusive rules governing the installation of	932
manufactured housing, the design, construction, and approval of	933
foundations for manufactured housing, the licensure of	934
manufactured home installers, and the fees charged for licensure	935
of manufactured home installers. No political subdivision of the	936
state or any department or agency of the state may establish any	937
other standards governing the installation of manufactured	938
housing, manufactured housing foundations and support systems, the	939
licensure of manufactured housing installers, or fees charged for	940
the licensure of manufactured housing installers.	941

(D) Nothing in this section limits the authority of the	942
attorney general to enforce Chapter 1345. of the Revised Code or	943
to take any action permitted by the Revised Code against	944
manufactured housing installers, retailers, or manufacturers.	945

Section 2. That existing sections 119.12, 3733.02, 3781.06,	946
and 4743.05 of the Revised Code are hereby repealed.	947

Section 3. Section 4781.11 of the Revised Code, as enacted by	948
this act, shall take effect one year after the effective date of	949
this act.	950