Sub. S. B. No. 102LSC 125 0050-4

LSC 125 0050-4

125th General Assembly

Regular Session

2003-2004

Sub. S. B. No. 102

A BILL

To amend sections 3733.02, 3781.06, and 4743.05 and

to enact sections 117.251, 4781.01, 4781.02,

4781.03, 4781.04, 4781.05, 4781.06, 4781.07,

4781.08, 4781.09, 4781.10, 4781.11, 4781.12,

4781.13, 4781.14, and 4781.15 of the Revised Code

to establish the Ohio Manufactured Homes

Commission to regulate the installation of

manufactured housing in Ohio and to require the

Auditor of State to make a notation on the audit

report of any county treasurer's office that

invested at least ten per cent in local

institutions during the previous fiscal year.

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

Section 1. That sections 3733.02, 3781.06, and 4743.05 be	13
amended and sections 117.251, 4781.01, 4781.02, 4781.03, 4781.04,	14
4781.05, 4781.06, 4781.07, 4781.08, 4781.09, 4781.10, 4781.11,	15
4781.12, 4781.13, 4781.14, and 4781.15 of the Revised Code be	16
enacted to read as follows:	17

Sec. 117.251. When applicable, the auditor of state shall	18
make a notation on the audit report prepared under section 117.25	19
of the Revised Code for any county treasurer's office, that the	20
county treasurer invested at least ten per cent of the county's	21
money in eligible institutions as described in Chapter 135. of the	22
Revised Code, located within the county during the previous fiscal	23
year.	24

Sec. 3733.02. (A)(1) The public health council, subject to	25
Chapter 119. of the Revised Code, shall adopt, and has the	26
exclusive power to adopt, rules of uniform application throughout	27
the state governing the review of plans, issuance of flood plain	28
management permits, and issuance of licenses for manufactured home	29
parks; the location, layout, density, construction, drainage,	30
sanitation, safety, and operation of those parks; ~~blocking and~~	31
~~tiedowns of mobile and manufactured homes in those parks;~~ and	32
notices of flood events concerning, and flood protection at, those	33
parks. The rules pertaining to flood plain management shall be	34
consistent with and not less stringent than the flood plain	35
management criteria of the national flood insurance program	36
adopted under the "National Flood Insurance Act of 1968," 82 Stat.	37
572, 42 U.S.C.A. 4001, as amended. The rules shall not apply to	38
the construction, erection, or manufacture of any building to	39
which section 3781.06 of the Revised Code is applicable.	40

(2) The rules pertaining to manufactured home parks	41
constructed after June 30, 1971, shall specify that each home must	42
be placed on its lot to provide not less than fifteen feet between	43
the side of one home and the side of another home, ten feet	44
between the end of one home and the side of another home, and five	45
feet between the ends of two homes placed end to end.	46

(3) The department of health shall determine compliance with	47
the installation, blocking, tiedown, foundation, and base support	48
system standards for manufactured housing located in manufactured	49
home parks adopted by the manufactured homes commission pursuant	50
to section 4781.04 of the Revised Code. All inspections of the	51
installation, blocking, tiedown, foundation, and base support	52
systems of manufactured housing in a manufactured home park that	53
the department of health or a licensor conducts shall be conducted	54
by a person who has completed an installation training course	55
approved by the manufactured homes commission pursuant to division	56
(B)(12) of section 4781.04 of the Revised Code.	57

As used in division (A)(3) of this section, "manufactured	58
housing" has the same meaning as in section 4781.01 of the Revised	59
Code.	60

(B) The public health council, subject to Chapter 119. of the	61
Revised Code, shall adopt rules of uniform application throughout	62
the state governing the review of plans and issuance of licenses	63
for and the location, layout, construction, drainage, sanitation,	64
safety, and operation of recreational vehicle parks, recreation	65
camps, and combined park-camps. The rules shall not apply to the	66
construction, erection, or manufacture of any building to which	67
section 3781.06 of the Revised Code is applicable.	68

(C) The public health council, subject to Chapter 119. of the	69
Revised Code, shall adopt rules of uniform application throughout	70
the state governing the review of plans and issuance of licenses	71
for and the layout, sanitation, safety, and operation of temporary	72
park-camps. The rules shall not apply to the construction,	73
erection, or manufacture of any building to which section 3781.06	74
of the Revised Code is applicable.	75

(D) The public health council, in accordance with Chapter	76
119. of the Revised Code, shall adopt rules of uniform application	77
throughout the state establishing requirements and procedures in	78
accordance with which the director of health may authorize	79
licensors for the purposes of sections 3733.022 and 3733.025 of	80
the Revised Code. The rules shall include at least provisions	81
under which a licensor may enter into contracts for the purpose of	82
fulfilling the licensor's responsibilities under either or both of	83
those sections.	84

Sec. 3781.06. (A)(1) Any building that may be used as a	85
place of resort, assembly, education, entertainment, lodging,	86
dwelling, trade, manufacture, repair, storage, traffic, or	87
occupancy by the public, and all other buildings or parts and	88
appurtenances thereof erected within this state, shall be so	89
constructed, erected, equipped, and maintained that they shall be	90
safe and sanitary for their intended use and occupancy, except	91
that sections 3781.06 to 3781.18 and 3791.04 of the Revised Code	92
shall be considered as model provisions with no force and effect	93
when applied to single-family, two-family, and three-family	94
dwelling houses, and accessory structures incidental to those	95
dwelling houses, that have not been constructed or erected as	96
industrialized one-family, two-family, or three-family units or	97
structures within the meaning of the term "industrialized unit" as	98
provided in division (C)(3) of this section, except where the	99
context specifies mandatory applicability.	100

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the	101
Revised Code shall be construed to limit the power of the public	102
health council to adopt rules of uniform application governing	103
manufactured home parks pursuant to section 3733.02 of the Revised	104
Code.	105

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	106
Code shall not apply to either of the following:	107

(1) Buildings or structures that are incident to the use for	108
agricultural purposes of the land on which such buildings or	109
structures are located, provided such buildings or structures are	110
not used in the business of retail trade. For purposes of this	111
division, a building or structure is not considered used in the	112
business of retail trade if fifty per cent or more of the gross	113
income received from sales of products in the building or	114
structure by the owner or operator is from sales of products	115
produced or raised in a normal crop year on farms owned or	116
operated by the seller.	117

(2) Existing single-family, two-family, and three-family	118
detached dwelling houses for which applications have been	119
submitted to the director of job and family services pursuant to	120
section 5104.03 of the Revised Code for the purposes of operating	121
type A family day-care homes as defined in section 5104.01 of the	122
Revised Code.	123

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	124
Revised Code:	125

(1) "Agricultural purposes" include agriculture, farming,	126
dairying, pasturage, apiculture, horticulture, floriculture,	127
viticulture, ornamental horticulture, olericulture, pomiculture,	128
and animal and poultry husbandry.	129

(2) "Building" means any structure consisting of foundations,	130
walls, columns, girders, beams, floors, and roof, or a combination	131
of any number of these parts, with or without other parts or	132
appurtenances.	133

(3) "Industrialized unit" means a building unit or assembly	134
of closed construction fabricated in an off-site facility, that is	135
substantially self-sufficient as a unit or as part of a greater	136
structure, and that requires transportation to the site of	137
intended use. "Industrialized unit" includes units installed on	138
the site as independent units, as part of a group of units, or	139
incorporated with standard construction methods to form a	140
completed structural entity. "Industrialized unit" does not	141
include a manufactured home as defined by division (C)(4) of this	142
section or a mobile home as defined by division (O) of section	143
4501.01 of the Revised Code.	144

(4) "Manufactured home" means a building unit or assembly of	145
closed construction that is fabricated in an off-site facility and	146
constructed in conformance with the federal construction and	147
safety standards established by the secretary of housing and urban	148
development pursuant to the "Manufactured Housing Construction and	149
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	150
5403, and that has a permanent label or tag affixed to it, as	151
specified in 42 U.S.C.A. 5415, certifying compliance with all	152
applicable federal construction and safety standards.	153

(5) "Permanent foundation" means permanent masonry, concrete,	154
or a ~~locally approved~~ footing or foundation approved by the	155
manufactured homes commission pursuant to Chapter 4781. of the	156
Revised Code, to which a manufactured or mobile home may be	157
affixed.	158

(6) "Permanently sited manufactured home" means a	159
manufactured home that meets all of the following criteria:	160

(a) The structure is affixed to a permanent foundation and is	161
connected to appropriate facilities;	162

(b) The structure, excluding any addition, has a width of at	163
least twenty-two feet at one point, a length of at least	164
twenty-two feet at one point, and a total living area, excluding	165
garages, porches, or attachments, of at least nine hundred square	166
feet;	167

(c) The structure has a minimum 3:12 residential roof pitch,	168
conventional residential siding, and a six-inch minimum eave	169
overhang, including appropriate guttering;	170

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

171

(e) The structure is not located in a manufactured home park	172
as defined by section 3733.01 of the Revised Code.	173

(7) "Safe," with respect to a building, means it is free from	174
danger or hazard to the life, safety, health, or welfare of	175
persons occupying or frequenting it, or of the public and from	176
danger of settlement, movement, disintegration, or collapse,	177
whether such danger arises from the methods or materials of its	178
construction or from equipment installed therein, for the purpose	179
of lighting, heating, the transmission or utilization of electric	180
current, or from its location or otherwise.	181

(8) "Sanitary," with respect to a building, means it is free	182
from danger or hazard to the health of persons occupying or	183
frequenting it or to that of the public, if such danger arises	184
from the method or materials of its construction or from any	185
equipment installed therein, for the purpose of lighting, heating,	186
ventilating, or plumbing.	187

Sec. 4743.05. Except as otherwise provided in sections	188
4701.20, 4723.062, 4723.082, and 4729.65 of the Revised Code, all	189
money collected under Chapters 3773., 4701., 4703., 4709., 4713.,	190
4715., 4717., 4723., 4725., 4729., 4732., 4733., 4734., 4736.,	191
4741., 4753., 4755., 4757., 4758., 4759., 4761., 4771., ~~and~~ 4779.,	192
and 4781. of the Revised Code shall be paid into the state	193
treasury to the credit of the occupational licensing and	194
regulatory fund, which is hereby created for use in administering	195
such chapters.	196

At the end of each quarter, the director of budget and	197
management shall transfer from the occupational licensing and	198
regulatory fund to the nurse education assistance fund created in	199
section 3333.28 of the Revised Code the amount certified to the	200
director under division (B) of section 4723.08 of the Revised	201
Code.	202

At the end of each quarter, the director shall transfer from	203
the occupational licensing and regulatory fund to the certified	204
public accountant education assistance fund created in section	205
4701.26 of the Revised Code the amount certified to the director	206
under division (H)(2) of section 4701.10 of the Revised Code.	207

Sec. 4781.01. As used in this chapter:

208

(A) "Industrialized unit" has the same meaning as in division	209
(C)(3) of section 3781.06 of the Revised Code.	210

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

211

(1) The temporary or permanent construction of stabilization,	212
support, and anchoring systems for manufactured housing;	213

(2) The placement and erection of a manufactured housing unit	214
or components of a unit on a structural support system;	215

(3) The supporting, blocking, leveling, securing, anchoring,	216
underpinning, or adjusting of any section or component of a	217
manufactured housing unit;	218

(4) The joining or connecting of all sections or components	219
of a manufactured housing unit.	220

(C) "Manufactured home" has the same meaning as in division	221
(C)(4) of section 3781.06 of the Revised Code.	222

(D) "Manufactured home park" has the same meaning as in	223
division (A) of section 3733.01 of the Revised Code.	224

(E) "Manufactured housing" means manufactured homes and	225
mobile homes.	226

(F) "Manufactured housing installer" means an individual who	227
installs manufactured housing.	228

(G) "Mobile home" has the same meaning as in division (O) of	229
section 4501.01 of the Revised Code.	230

(H) "Model standards" means the federal manufactured home	231
installation standards established pursuant to 42 U.S.C. 5404.	232

(I) "Permanent foundation" has the same meaning as in	233
division (C)(5) of section 3781.06 of the Revised Code.	234

Sec. 4781.02. (A) There is hereby created the manufactured	235
homes commission which consists of nine members, with three	236
members appointed by the governor, three members appointed by the	237
president of the senate, and three members appointed by the	238
speaker of the house of representatives.	239

(B)(1) Commission members shall be residents of this state,	240
except for members appointed pursuant to divisions (B)(3)(b) and	241
(B)(4)(a) of this section. Members shall be selected from a list	242
of persons the Ohio manufactured homes association, or any	243
successor entity, recommends, except for appointments made	244
pursuant to division (B)(2) of this section.	245

(2) The governor shall appoint the following members:

246

(a) One member to represent the board of building standards,	247
who may be a member of the board or a board employee not in the	248
classified civil service, with an initial term ending December 31,	249
2007;	250

(b) One member to represent the department of health, who may	251
be a department employee not in the classified civil service, with	252
an initial term ending December 31, 2005;	253

(c) One member whose primary residence is a manufactured	254
home, with an initial term ending December 31, 2006.	255

(3) The president of the senate shall appoint the following	256
members:	257

(a) Two members who are manufactured housing installers who	258
have been actively engaged in the installation of manufactured	259
housing for the five years immediately prior to appointment, with	260
the initial term of one installer ending December 31, 2007 and the	261
initial term of the other installer ending December 31, 2005.	262

(b) One member who manufactures manufactured homes in this	263
state or who manufactures manufactured homes in another state and	264
ships homes into this state, to represent manufactured home	265
manufacturers, with an initial term ending December 31, 2006.	266

(4) The speaker of the house of representatives shall appoint	267
the following members:	268

(a) One member who operates a manufactured or mobile home	269
retail business in this state to represent manufactured and mobile	270
home retailers, with an initial term ending December 31, 2007;	271

(b) One member who is a manufactured home park operator or is	272
employed by an operator, with an initial term ending December 31,	273
2005;	274

(c) One member to represent the Ohio manufactured home	275
association, or any successor entity, who may be the president or	276
executive director of the association or the successor entity,	277
with an initial term ending December 31, 2006.	278

(C)(1) After the initial term, each term of office is for	279
four years ending on the thirty-first day of December. A member	280
holds office from the date of appointment until the end of the	281
term. No member may serve more than two consecutive four-year	282
terms.	283

(2) Any member appointed to fill a vacancy that occurs prior	284
to the expiration of a term continues in office for the remainder	285
of that term. Any member continues in office subsequent to the	286
expiration date of the term until the member's successor takes	287
office or until sixty days have elapsed, which ever occurs first.	288

(3) A vacancy on the commission does not impair the authority	289
of the remaining members to exercise all of the commission's	290
powers.	291

(D)(1) The governor may remove any member from office for	292
incompetence, neglect of duty, misfeasance, nonfeasance,	293
malfeasance, or unprofessional conduct in office.	294

(2) Vacancies shall be filled in the manner of the original	295
appointment.	296

Sec. 4781.03. (A) No member of the manufactured homes	297
commission may participate in any vote regarding a contract or	298
license the commission awards if the member has a direct pecuniary	299
or fiduciary interest in that contract or license.	300

(B) The commission shall meet at least three times each	301
calendar year, upon the call of the chairperson or the written	302
request of a majority of the members. The chairperson shall	303
establish the time and place for each meeting. Five members	304
constitute a quorum, and at least five votes are necessary for the	305
commission to take action.	306

(C)(1) The commission shall elect a member as chairperson and	307
a member as vice-chairperson, with each serving for one year.	308

(2) The chairperson shall preside at all meetings with the	309
vice-chairperson presiding in the chairperson's absence. At any	310
time the chairperson and vice-chairperson are absent from a	311
meeting when a quorum exists, the members present shall elect a	312
presiding officer to act during the absence of the chairperson and	313
vice-chairperson.	314

(D) Members of the commission receive no compensation for	315
serving on the commission. Members are entitled to reimbursement	316
for actual and necessary expenses incurred in the discharge of	317
their official duties, including travel expenses.	318

(E) The commission may employ administrative staff, not in	319
the classified civil service, including an executive director, to	320
serve at the pleasure of the commission to carry out duties and	321
functions the commission authorizes.	322

(F) Serving as a member of the manufactured homes commission	323
does not constitute holding a public office or position of	324
employment, and service on the commission is not grounds for	325
removing a commission member from a public office or position of	326
employment.	327

Sec. 4781.04. (A) The manufactured homes commission shall	328
adopt rules pursuant to Chapter 119. of the Revised Code to do all	329
of the following:	330

(1) Establish uniform standards that govern the installation	331
of manufactured housing. The standards shall be consistent with,	332
and not less stringent than, the model standards for the design	333
and installation of manufactured housing adopted by the secretary	334
of the United States department of housing and urban development	335
or manufacturers' standards that the secretary determines are	336
equal to or not less stringent than the model standards.	337

(2) Govern the inspection of the installation of manufactured	338
housing. The rules shall specify that the department of health or	339
a licensor, as determined by the director of health, shall conduct	340
all inspections of the installation of manufactured housing	341
located in manufactured home parks to determine compliance with	342
the uniform installation standards the commission establishes	343
pursuant to this section. The rules shall specify that all	344
installation inspections in a manufactured home park the	345
department of health or the licensor conducts shall be conducted	346
by a person who has completed an installation training course	347
approved by the commission pursuant to division (B) of section	348
4781.04 of the Revised Code.	349

As used in division (A)(2) of this section, "licensor" has	350
the same meaning as in section 3733.01 of the Revised Code.	351

(3) Govern the design, construction, installation, approval,	352
and inspection of foundations and the base support systems for	353
manufactured housing. The rules shall specify that the department	354
of health or the licensor, as determined by the director of	355
health, shall conduct all inspections of the installation,	356
foundations, and base support systems of manufactured housing	357
located in manufactured home parks to determine compliance with	358
the uniform installation standards and foundation and base support	359
system design the commission establishes pursuant to this section.	360
The rules shall specify that all foundation and base support	361
system inspections in a manufactured home park the department of	362
health or the licensor conducts shall be conducted by a person who	363
has completed an installation training course approved by the	364
commission pursuant to division (B) of section 4781.04 of the	365
Revised Code.	366

As used in division (A)(3) of this section, "licensor" has	367
the same meaning as in section 3733.01 of the Revised Code.	368

(4) Govern the training, experience, and education	369
requirements for manufactured housing installers;	370

(5) Establish a code of ethics for manufactured housing	371
installers;	372

(6) Govern the issuance, revocation, and suspension of	373
licenses to manufactured housing installers;	374

(7) Establish fees for the issuance and renewal of licenses,	375
for conducting inspections to determine an applicant's compliance	376
with this chapter and the rules adopted pursuant to it, and for	377
the commission's expenses incurred in implementing this chapter;	378

(8) Establish conditions under which a licensee may enter	379
into contracts to fulfill the licensee's responsibilities;	380

(9) Govern the investigation of complaints concerning any	381
violation of this chapter or the rules adopted pursuant to it or	382
complaints involving the conduct of any licensed manufactured	383
housing installer or person installing manufactured housing	384
without a license;	385

(10) Establish a dispute resolution program for the timely	386
resolution of warranty issues involving new manufactured homes,	387
disputes regarding responsibility for the correction or repair of	388
defects in manufactured housing, and the installation of	389
manufactured housing. The rules shall provide for the timely	390
resolution of disputes between manufacturers, retailers, and	391
installers regarding the correction or repair of defects in	392
manufactured housing that are reported by the purchaser of the	393
home during the one year period beginning on the date of	394
installation of the home. The rules also shall provide that	395
decisions made regarding the dispute under the program are not	396
binding upon the purchaser of the home or the other parties	397
involved in the dispute unless the purchaser so agrees in a	398
written acknowledgement that the purchaser signs and delivers to	399
the program within ten business days after the decision is issued.	400

(11) Establish the requirements and procedures for the	401
certification of building departments and building department	402
personnel pursuant to section 4781.07 of the Revised Code;	403

(12) Establish fees to be charged to building departments and	404
building department personnel applying for certification and	405
renewal of certification pursuant to section 4781.07 of the	406
Revised Code;	407

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

408

(B) The manufactured homes commission shall do all of the	409
following:	410

(1) Prepare and administer a licensure examination to	411
determine an applicant's knowledge of manufactured housing	412
installation and other aspects of installation the commission	413
determines appropriate;	414

(2) Select, provide, or procure appropriate examination	415
questions and answers for the licensure examination and establish	416
the criteria for successful completion of the examination;	417

(3) Prepare and distribute any application form this chapter	418
requires;	419

(4) Receive applications for licenses and renewal of licenses	420
and issue licenses to qualified applicants;	421

(5) Establish procedures for processing, approving, and	422
disapproving applications for licensure;	423

(6) Retain records of applications for licensure, including	424
all application materials submitted and a written record of the	425
action taken on each application;	426

(7) Review the design and plans for manufactured housing	427
installations, foundations, and support systems;	428

(8) Inspect a sample of homes at a percentage the commission	429
determines to evaluate the construction and installation of	430
manufactured housing installations, foundations, and support	431
systems to determine compliance with the standards the commission	432
adopts;	433

(9) Investigate complaints concerning violations of this	434
chapter or the rules adopted pursuant to it, or the conduct of any	435
manufactured housing installer;	436

(10) Determine appropriate disciplinary actions for	437
violations of this chapter;	438

(11) Conduct audits and inquiries of manufactured housing	439
installers as appropriate for the enforcement of this chapter. The	440
commission, or any person the commission employs for the purpose,	441
may review and audit the business records of any manufactured	442
housing installer during normal business hours.	443

(12) Approve an installation training course, which may be	444
offered by the Ohio manufactured homes association or other	445
entity;	446

(13) Perform any function or duty necessary to administer	447
this chapter and the rules adopted pursuant to it.	448

Sec. 4781.05. The executive director of the manufactured	449
homes commission shall do all of the following:	450

(A) With commission approval, secure and manage office space,	451
supplies, and the professional and clerical staff necessary to	452
effectively perform the executive director's and commission's	453
duties;	454

(B) Pursuant to rules the commission adopts, review	455
applications for manufactured housing installer licenses and on	456
behalf of the commission, issue licenses to qualified persons;	457

(C) Administer the dispute resolution program the commission	458
develops if the commission does not contract with the Ohio	459
manufactured homes association or another entity to administer the	460
program;	461

(D) Administer any continuing education program the	462
commission develops;	463

(E) Collect fees the commission establishes;

464

(F) Except as provided in divisions (A)(2) and (3) of section	465
4781.04 of the Revised Code, employ installation inspectors and	466
investigators to serve at the executive director's pleasure to	467
assist in carrying out the executive director's duties under this	468
chapter or the duties the commission delegates to the executive	469
director;	470

(G) Serve as secretary of the commission and maintain a	471
written record of the commission's meetings and proceedings;	472

(H) Notify manufactured housing installers of changes in this	473
chapter and the rules adopted pursuant to it;	474

(I) Do all things the commission requests or delegates for	475
the administration and enforcement of this chapter.	476

Sec. 4781.06. (A) The manufactured homes commission may	477
delegate to the executive director any of its duties set forth in	478
division (B) of section 4781.04 of the Revised Code.	479

(B) The commission may enter into a contract with the Ohio	480
manufactured homes association or another entity to administer the	481
dispute resolution program created pursuant to section 4781.04 of	482
the Revised Code. The contract shall specify the terms for the	483
administration of the program.	484

(C)(1) The commission may enter into a contract with any	485
private third party, municipal corporation, township, county,	486
state agency, or the Ohio manufactured homes association, or any	487
successor entity, to perform any of the commission's functions set	488
forth in division (B) of section 4781.04 of the Revised Code that	489
the commission has not delegated to the executive director. Each	490
contract shall specify the compensation to be paid to the private	491
third party, municipal corporation, township, county, state	492
agency, or the Ohio manufactured homes association, or successor	493
entity, for the performance of the commission's functions.	494

(2) Except as provided in this division, the commission shall	495
not enter into any contract with any person or building department	496
to accept and approve plans and specifications or to inspect	497
manufactured housing foundations and the installation of	498
manufactured housing unless that person or building department is	499
certified pursuant to section 4781.07 of the Revised Code. The	500
commission shall not require inspectors the Ohio department of	501
health employs to obtain certification pursuant to section 4781.07	502
of the Revised Code, but shall require inspectors to complete an	503
installation training course approved by the commission pursuant	504
to division (B) of section 4781.04 of the Revised Code.	505

Sec. 4781.07. (A) Pursuant to rules the manufactured homes	506
commission adopts, the commission may certify municipal, township,	507
and county building departments and the personnel of those	508
departments, or any private third party, to exercise the	509
commission's enforcement authority, accept and approve plans and	510
specifications for foundations, support systems and installations,	511
and inspect manufactured housing foundations, support systems, and	512
manufactured housing installations. Any certification is effective	513
for three years.	514

(B) Following an investigation and finding of facts that	515
support its action, the commission may revoke or suspend	516
certification. The commission may initiate an investigation on its	517
own motion or the petition of a person affected by the enforcement	518
or approval of plans.	519

Sec. 4781.08. (A) The manufactured homes commission shall	520
issue a manufactured housing installer's license to any applicant	521
who is at least eighteen years of age and meets all of the	522
following requirements:	523

(1) Submits an application to the commission on a form the	524
commission prescribes and pays the fee the commission requires;	525

(2) Completes all training requirements the commission	526
prescribes;	527

(3) Meets the experience requirements the commission	528
prescribes by rule;	529

(4) Has at least one year of experience installing	530
manufactured housing under the supervision of a licensed	531
manufactured home installer if applying for licensure after	532
January 1, 2006;	533

(5) Has completed an installation training course the	534
commission approves, which may be offered by the Ohio manufactured	535
homes association or other entity;	536

(6) Receives a passing score on the licensure examination the	537
commission administers;	538

(7) Provides information the commission requires to	539
demonstrate compliance with this chapter and the rules the	540
commission adopts;	541

(8) Provides the commission with three references from	542
persons who are retailers, manufacturers, or manufactured home	543
park operators familiar with the person's installation work	544
experience and competency, with at least two of the three	545
references provided after January 1, 2006, being from persons who	546
are licensed manufactured housing installers;	547

(9) Has liability insurance or a surety bond that is issued	548
by an insurance or surety company authorized to transact business	549
in Ohio, in the amount the commission specifies, and containing	550
the terms and conditions the commission requires;	551

(10) Is in compliance with section 4123.35 of the Revised	552
Code.	553

(B) The commission shall not grant a license to any person	554
who the commission finds has engaged in actions during the	555
previous two years that constitute a ground for denial,	556
suspension, or revocation of a license or who has had a license	557
revoked or disciplinary action imposed by the licensing or	558
certification board of another state or jurisdiction during the	559
previous two years in connection with the installation of	560
manufactured housing.	561

(C) Any person who is licensed, certified, or otherwise	562
approved under the laws of another state to perform functions	563
substantially similar to those of a manufactured housing installer	564
may apply to the commission for licensure on a form the commission	565
prescribes. The commission shall issue a license if the standards	566
for licensure, certification, or approval in the state in which	567
the applicant is licensed, certified, or approved are	568
substantially similar to or exceed the requirements set forth in	569
this chapter and the rules adopted pursuant to it. The commission	570
may require the applicant to pass the commission's licensure	571
examination.	572

(D) Any license issued pursuant to this section shall bear	573
the licensee's name and post-office address, the issue date, a	574
serial number the commission designates, and the signature of the	575
commission chairperson or a person the commission designates	576
pursuant to rules.	577

(E) A manufactured housing installers license expires two	578
years after it is issued. The commission shall renew a license if	579
the applicant does all of the following:	580

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

581

(2) Demonstrates compliance with the requirements of this	582
chapter and the rules adopted pursuant to it;	583

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

584

(F) No manufactured housing installer's license may be	585
transferred to another person.	586

Sec. 4781.09. (A) The manufactured homes commission may deny,	587
suspend, revoke, or refuse to renew the license of any	588
manufactured home installer for any of the following reasons:	589

(1) Failure to satisfy the requirements of section 4781.08 or	590
4781.10 of the Revised Code;	591

(2) Violation of this chapter or any rule adopted pursuant to	592
it;	593

(3) Making a material misstatement in an application for a	594
license;	595

(4) Installing manufactured housing without a license or	596
without being under the supervision of a licensed manufactured	597
housing installer;	598

(5) Failure to appear for a hearing before the commission or	599
to comply with any final adjudication order of the commission	600
issued pursuant to this chapter;	601

(6) Conviction of a felony or a crime involving moral	602
turpitude;	603

(7) Having had a license revoked, suspended, or denied by the	604
commission during the preceding two years;	605

(8) Having had a license revoked, suspended, or denied by	606
another state or jurisdiction during the preceding two years;	607

(9) Engaging in conduct in another state or jurisdiction that	608
would violate this chapter if committed in this state.	609

(10) Failing to provide written notification of an	610
installation pursuant to division (D) of section 4781.11 of the	611
Revised Code to a county treasurer or county auditor.	612

(B)(1) Any person whose license or license application is	613
revoked, suspended, denied, or not renewed or upon whom a civil	614
penalty is imposed pursuant to division (C) of this section may	615
request an adjudication hearing on the matter within thirty days	616
after receipt of the notice of the action. The hearing shall be	617
held in accordance with Chapter 119. of the Revised Code.	618

(2) Any licensee or applicant may appeal an order made	619
pursuant to an adjudication hearing in the manner provided in	620
section 119.12 of the Revised Code.	621

(C) As an alternative to suspending, revoking, or refusing to	622
renew a manufactured housing installer's license, the commission	623
may impose a civil penalty of not less than one hundred dollars or	624
more than five hundred dollars per violation of this chapter or	625
any rule adopted pursuant to it. The commission shall deposit	626
penalties in the occupational licensing and regulatory fund	627
pursuant to section 4743.05 of the Revised Code.	628

(D) A person whose license is suspended, revoked, or not	629
renewed may apply for a new license two years after the date on	630
which the license was suspended, revoked, or not renewed.	631

Sec. 4781.10. (A) The manufactured homes commission may	632
establish programs and requirements for continuing education for	633
manufactured housing installers. The commission shall not require	634
licensees to complete more than eight credit hours of continuing	635
education during each license period. If the commission	636
establishes a program of continuing education, it shall require	637
that only courses that the commission preapproves be accepted for	638
licensure credit, and unless an extension is granted pursuant to	639
division (D) of this section, that all credit hours be	640
successfully completed prior to the expiration of the installer's	641
license.	642

(B) To provide the resources to administer continuing	643
education programs, the commission may establish nonrefundable	644
fees, including any of the following:	645

(1) An application fee not to exceed one hundred fifty	646
dollars charged to the sponsor of each proposed course;	647

(2) A renewal fee not to exceed seventy-five dollars, charged	648
to the sponsor of each course, for the annual renewal of course	649
approval;	650

(3) A course fee charged to the sponsor of each course	651
offered, not to exceed five dollars per credit hour, for each	652
person completing an approved course;	653

(4) A student fee charged to licensees, not to exceed fifty	654
dollars, for each course or activity a student submits to the	655
commission for approval.	656

(C) The commission may adopt reasonable rules not	657
inconsistent with this chapter to carry out any continuing	658
education program, including rules that govern the following:	659

(1) The content and subject matter of continuing education	660
courses;	661

(2) The criteria, standards, and procedures for the approval	662
of courses, course sponsors, and course instructors;	663

(3) The methods of instruction;

664

(4) The computation of course credit;

665

(5) The ability to carry forward course credit from one year	666
to another;	667

(6) Conditions under which the commission may grant a waiver	668
or variance from continuing education requirements on the basis of	669
hardship or other reasons;	670

(7) Procedures for compliance with the continuing education	671
requirements and sanctions for noncompliance.	672

(D) The commission shall not renew the license of any person	673
who fails to satisfy any continuing education requirement that the	674
commission establishes. The commission may, for good cause, grant	675
an extension of time to comply with the continuing education	676
requirements. Any installer who is granted an extension and	677
completes the continuing education requirements within the time	678
the commission establishes is deemed in compliance with the	679
education requirements. The license of any person who is granted	680
an extension shall remain in effect during the period of the	681
extension.	682

Sec. 4781.11. (A)(1) Except as provided in division (B) of	683
this section, no person shall install manufactured housing unless	684
that person is licensed as a manufactured housing installer	685
pursuant to this chapter or unless a licensed manufactured housing	686
installer is present during the installation and supervises the	687
person who is not licensed.	688

(2) A licensed manufactured housing installer who supervises	689
the work of an unlicensed person is responsible for all	690
installation work that the unlicensed person performs under the	691
licensed person's supervision.	692

(3) A person who is not a licensed manufactured housing	693
installer may perform foundation or base support system	694
construction if supervised by a licensed installer. The licensed	695
installer need not be present during the construction of the	696
foundation or base support system but is responsible for the	697
construction of the foundation or base support system.	698

(B)(1) Nothing in this chapter requires a person to obtain a	699
manufactured housing installer license to install manufactured	700
housing for the person's own occupancy if the manufactured housing	701
is located on property that the person owns and is not located in	702
a manufactured home park.	703

(2) A person who installs manufactured housing in the manner	704
described in division (B)(1) of this section is not entitled to	705
claim any right or remedy or to bring a cause of action under this	706
chapter.	707

(C) No person shall install any manufactured housing	708
foundation or manufactured housing support system unless that	709
foundation or support system complies with the standards the	710
manufactured homes commission establishes and receives all	711
approvals and inspections that the commission requires.	712

(D) Within fourteen days after the installation, a	713
manufactured housing installer who performs or supervises a	714
manufactured housing installation shall provide to both the	715
treasurer and the auditor of the county in which the installation	716
is being performed a written notice containing all of the	717
following information:	718

(1) The address or location of the installation;

719

(2) The date of the installation;

720

(3) The make and model of the installed manufactured housing	721
unit;	722

(4) The name of the owner of the installed manufactured	723
housing unit.	724

(E) It is a violation of this chapter to do any of the	725
following:	726

(1) Represent another person's license as a manufactured	727
housing installer as one's own;	728

(2) Intentionally give false or materially misleading	729
information of any kind to the commission or to a commission	730
member in connection with licensing matters;	731

(3) Impersonate another manufactured housing installer;

732

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

733

Sec. 4781.12. (A) The manufactured homes commission may apply	734
to an appropriate court to enjoin any violation of this chapter or	735
the rules adopted pursuant to it. The court shall grant any	736
appropriate relief, including an injunction, restraining order, or	737
any combination thereof, upon a showing that a person has violated	738
or is about to violate this chapter or a rule adopted pursuant to	739
it.	740

(B) The prosecuting attorney of a county, a city director of	741
law, or the attorney general may, upon the complaint of the	742
commission, prosecute to termination or bring an action for	743
injunction against any person violating this chapter or the rules	744
adopted pursuant to it.	745

(C) Any other party adversely affected by an order of the	746
commission may appeal the order to the court of common pleas of	747
the county in which the party adversely affected is a resident or	748
has a place of business, except that if that party is not a	749
resident of this state and has no place of business in this state,	750
the party shall appeal to the court of common pleas in Franklin	751
county.	752

Sec. 4781.13. The manufactured homes commission, shall	753
deposit all receipts, from any source, in the state treasury to	754
the credit of the occupational licensing and regulatory fund.	755

Sec. 4781.14. (A) Except as provided in division (A)(3) of	756
section 3733.02 of the Revised Code, the state, through the	757
manufactured homes commission, has exclusive authority to regulate	758
manufactured home installers, the installation of manufactured	759
housing, and manufactured housing foundations and support systems	760
in the state. By enacting this chapter, it is the intent of the	761
general assembly to preempt municipal corporations and other	762
political subdivisions from regulating and licensing manufactured	763
housing installers and regulating and inspecting the installation	764
of manufactured housing and manufactured housing foundations and	765
support systems.	766

(B) Except as provided in division (A)(3) of section 3733.02	767
of the Revised Code, the manufactured homes commission has	768
exclusive power to adopt rules of uniform application throughout	769
the state governing installation of manufactured housing, the	770
inspection of manufactured housing foundations and support	771
systems, the inspection of the installation of manufactured	772
housing, the training and licensing of manufactured housing	773
installers, and the investigation of complaints concerning	774
manufactured housing installers.	775

(C) Except as provided in division (A)(3) of section 3733.02	776
of the Revised Code, the rules the commission adopts pursuant to	777
this chapter are the exclusive rules governing the installation of	778
manufactured housing, the design, construction, and approval of	779
foundations for manufactured housing, the licensure of	780
manufactured home installers, and the fees charged for licensure	781
of manufactured home installers. No political subdivision of the	782
state or any department or agency of the state may establish any	783
other standards governing the installation of manufactured	784
housing, manufactured housing foundations and support systems, the	785
licensure of manufactured housing installers, or fees charged for	786
the licensure of manufactured housing installers.	787

(D) Nothing in this section limits the authority of the	788
attorney general to enforce Chapter 1345. of the Revised Code or	789
to take any action permitted by the Revised Code against	790
manufactured housing installers, retailers, or manufacturers.	791

Sec. 4781.15. The remedies in sections 4781.01 to 4781.14 of	792
the Revised Code are in addition to remedies otherwise available	793
for the same conduct under state or local law.	794

Section 2. That existing sections 3733.02, 3781.06, and	795
4743.05 of the Revised Code are hereby repealed.	796

Section 3. Section 4781.11 of the Revised Code, as enacted by	797
this act, shall take effect one year after the effective date of	798
this act.	799