Sub. H. B. No. 186 As Reported by the House Financial Institutions, Real Estate and Securities Committee

As Reported by the House Financial Institutions, Real Estate and Securities Committee

128th General Assembly

Regular Session

2009-2010

Sub. H. B. No. 186

Representatives Foley, Patten

Cosponsors: Representatives Boyd, Brown, Domenick, Hagan, Heard, Luckie, Okey, Skindell, Stewart, Yuko

A BILL

To amend sections 1901.18, 1909.11, 1923.01, 1923.02,

1923.061, 1923.15, 2305.01, 3701.83, 3709.085,

3709.09, 3709.092, 3729.01, 3733.02, 3733.021,

3733.022, 3733.024, 3733.025, 3733.03, 3733.04,

3733.05, 3733.06, 3733.08, 3733.09, 3733.091,

3733.10, 3733.101, 3733.11, 3733.12, 3733.121,

3733.122, 3733.123, 3733.13, 3733.14, 3733.15,

3733.17, 3733.18, 3733.19, 3733.20, 3733.41,

3733.99, 3781.06, 4503.061, 4503.062, 4517.01,

4517.04, 4517.09, 4517.10, 4517.12, 4517.13,

4517.14, 4517.23, 4517.24, 4517.44, 4743.05,

4781.01, 4781.04, 4781.07, 4781.10, 4781.14,

4781.15, 4781.99, 4905.90, and 6111.46; to amend,

for the purpose of adopting new section numbers as

indicated in parentheses, sections 3733.02

(4781.26), 3733.021 (4781.31), 3733.022 (4781.32),

3733.024 (4781.33), 3733.025 (4781.34), 3733.03

(4781.27), 3733.04 (4781.28), 3733.05 (4781.29),

3733.06 (4781.30), 3733.08 (4781.35), 3733.09

(4781.36), 3733.091 (4781.37), 3733.10 (4781.38),

3733.101 (4781.39), 3733.12 (4781.41), 3733.121

(4781.42), 3733.122 (4781.43), 3733.123 (4781.44),

3733.13 (4781.45), 3733.14 (4781.46), 3733.15

(4781.47), 3733.16 (4781.48), 3733.17 (4781.49),

3733.18 (4781.50), 3733.19 (4781.51), and 3733.20

(4781.52); to enact sections 2323.05, 3733.111,

4781.121, 4781.54, and 4781.60; and to repeal

sections 3733.01, 3733.031, 3733.07, and 4517.49

of the Revised Code; and to amend Section 745.20

of Am. Sub. H.B. 1 of the 128th General Assembly

to transfer various responsibilities with respect

to the licensing and inspection of manufactured

home parks from the Department of Health to the

Manufactured Homes Commission, to make other

changes in the manufactured home park law, and to

amend the motor vehicle dealer's licensing law;

and to amend sections 3733.11 and 4781.10 and to

amend, for the purpose of adopting new section

numbers as indicated in parenthesis, sections

3733.11 (4781.40) and 3733.111 (4781.53) of the

Revised Code on July 1, 2011, to conform with

other provisions of this act taking effect on that

date.

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

Section 1. That sections 1901.18, 1909.11, 1923.01, 1923.02,	44
1923.061, 1923.15, 2305.01, 3701.83, 3709.085, 3709.09, 3709.092,	45
3729.01, 3733.02, 3733.021, 3733.022, 3733.024, 3733.025, 3733.03,	46
3733.04, 3733.05, 3733.06, 3733.08, 3733.09, 3733.091, 3733.10,	47
3733.101, 3733.11, 3733.12, 3733.121, 3733.122, 3733.123, 3733.13,	48
3733.14, 3733.15, 3733.17, 3733.18, 3733.19, 3733.20, 3733.41,	49
3733.99, 3781.06, 4503.061, 4503.062, 4517.01, 4517.04, 4517.09,	50
4517.10, 4517.12, 4517.13, 4517.14, 4517.23, 4517.24, 4517.44,	51
4743.05, 4781.01, 4781.04, 4781.07, 4781.10, 4781.14, 4781.15,	52
4781.99, 4905.90, and 6111.46 be amended; and that sections	53
3733.02 (4781.26), 3733.021 (4781.31), 3733.022 (4781.32),	54
3733.024 (4781.33), 3733.025 (4781.34), 3733.03 (4781.27), 3733.04	55
(4781.28), 3733.05 (4781.29), 3733.06 (4781.30), 3733.08	56
(4781.35), 3733.09 (4781.36), 3733.091 (4781.37), 3733.10	57
(4781.38), 3733.101 (4781.39), 3733.12 (4781.41), 3733.121	58
(4781.42), 3733.122 (4781.43), 3733.123 (4781.44), 3733.13	59
(4781.45), 3733.14 (4781.46), 3733.15 (4781.47), 3733.16	60
(4781.48), 3733.17 (4781.49), 3733.18 (4781.50), 3733.19	61
(4781.51), and 3733.20 (4781.52) be amended for the purpose of	62
adopting new section numbers as indicated in parentheses; and that	63
sections 2323.05, 3733.111, 4781.121, 4781.54, and 4781.60 of the	64
Revised Code be enacted to read as follows:	65

Sec. 1901.18. (A) Except as otherwise provided in this	66
division or section 1901.181 of the Revised Code, subject to the	67
monetary jurisdiction of municipal courts as set forth in section	68
1901.17 of the Revised Code, a municipal court has original	69
jurisdiction within its territory in all of the following actions	70
or proceedings and to perform all of the following functions:	71

(1) In any civil action, of whatever nature or remedy, of	72
which judges of county courts have jurisdiction;	73

(2) In any action or proceeding at law for the recovery of	74
money or personal property of which the court of common pleas has	75
jurisdiction;	76

(3) In any action at law based on contract, to determine,	77
preserve, and enforce all legal and equitable rights involved in	78
the contract, to decree an accounting, reformation, or	79
cancellation of the contract, and to hear and determine all legal	80
and equitable remedies necessary or proper for a complete	81
determination of the rights of the parties to the contract;	82

(4) In any action or proceeding for the sale of personal	83
property under chattel mortgage, lien, encumbrance, or other	84
charge, for the foreclosure and marshalling of liens on personal	85
property of that nature, and for the rendering of personal	86
judgment in the action or proceeding;	87

(5) In any action or proceeding to enforce the collection of	88
its own judgments or the judgments rendered by any court within	89
the territory to which the municipal court has succeeded, and to	90
subject the interest of a judgment debtor in personal property to	91
satisfy judgments enforceable by the municipal court;	92

(6) In any action or proceeding in the nature of	93
interpleader;	94

(7) In any action of replevin;

(8) In any action of forcible entry and detainer;

(9) In any action concerning the issuance and enforcement of	97
temporary protection orders pursuant to section 2919.26 of the	98
Revised Code or protection orders pursuant to section 2903.213 of	99
the Revised Code or the enforcement of protection orders issued by	100
courts of another state, as defined in section 2919.27 of the	101
Revised Code;	102

(10) If the municipal court has a housing or environmental	103
division, in any action over which the division is given	104
jurisdiction by section 1901.181 of the Revised Code, provided	105
that, except as specified in division (B) of that section, no	106
judge of the court other than the judge of the division shall hear	107
or determine any action over which the division has jurisdiction;	108

(11) In any action brought pursuant to division (I) of	109
section ~~3733.11~~4781.40 of the Revised Code, if the residential	110
premises that are the subject of the action are located within the	111
territorial jurisdiction of the court;	112

(12) In any civil action as described in division (B)(1) of	113
section 3767.41 of the Revised Code that relates to a public	114
nuisance, and, to the extent any provision of this chapter	115
conflicts or is inconsistent with a provision of that section, the	116
provision of that section shall control in the civil action.	117

(B) The Cleveland municipal court also shall have	118
jurisdiction within its territory in all of the following actions	119
or proceedings and to perform all of the following functions:	120

(1) In all actions and proceedings for the sale of real	121
property under lien of a judgment of the municipal court or a lien	122
for machinery, material, or fuel furnished or labor performed,	123
irrespective of amount, and, in those actions and proceedings, the	124
court may proceed to foreclose and marshal all liens and all	125
vested or contingent rights, to appoint a receiver, and to render	126
personal judgment irrespective of amount in favor of any party.	127

(2) In all actions for the foreclosure of a mortgage on real	128
property given to secure the payment of money or the enforcement	129
of a specific lien for money or other encumbrance or charge on	130
real property, when the amount claimed by the plaintiff does not	131
exceed fifteen thousand dollars and the real property is situated	132
within the territory, and, in those actions, the court may proceed	133
to foreclose all liens and all vested and contingent rights and	134
may proceed to render judgments and make findings and orders	135
between the parties in the same manner and to the same extent as	136
in similar actions in the court of common pleas.	137

(3) In all actions for the recovery of real property situated	138
within the territory to the same extent as courts of common pleas	139
have jurisdiction;	140

(4) In all actions for injunction to prevent or terminate	141
violations of the ordinances and regulations of the city of	142
Cleveland enacted or promulgated under the police power of the	143
city of Cleveland, pursuant to Section 3 of Article XVIII, Ohio	144
Constitution, over which the court of common pleas has or may have	145
jurisdiction, and, in those actions, the court may proceed to	146
render judgments and make findings and orders in the same manner	147
and to the same extent as in similar actions in the court of	148
common pleas.	149

Sec. 1909.11. A county court judge has jurisdiction in any	150
action brought pursuant to division (I) of section ~~3733.11~~4781.40	151
of the Revised Code if the residential premises that are the	152
subject of the action are located within the territorial	153
jurisdiction of the judge's county court district.	154

Sec. 1923.01. (A) As provided in this chapter, any judge of	155
a county or municipal court or a court of common pleas, within the	156
judge's proper area of jurisdiction, may inquire about persons who	157
make unlawful and forcible entry into lands or tenements and	158
detain them, and about persons who make a lawful and peaceable	159
entry into lands or tenements and hold them unlawfully and by	160
force. If, upon the inquiry, it is found that an unlawful and	161
forcible entry has been made and the lands or tenements are	162
detained, or that, after a lawful entry, lands or tenements are	163
held unlawfully and by force, a judge shall cause the plaintiff in	164
an action under this chapter to have restitution of the lands or	165
tenements.	166

(B) An action shall be brought under this chapter within two	167
years after the cause of action accrues.	168

169

(1) "Tenant" means a person who is entitled under a rental	170
agreement to the use or occupancy of premises, other than premises	171
located in a manufactured home park, to the exclusion of others,	172
except that as used in division (A)(6) of section 1923.02 and	173
section 1923.051 of the Revised Code, "tenant" includes a	174
manufactured home park resident.	175

(2) "Landlord" means the owner, lessor, or sublessor of	176
premises, or the agent or person the landlord authorizes to manage	177
premises or to receive rent from a tenant under a rental	178
agreement, except, if required by the facts of the action to which	179
the term is applied, "landlord" means a park operator.	180

(3) "Resident" has the same meaning as in section ~~3733.01~~	181
4781.01 of the Revised Code.	182

(4) "Residential premises" has the same meaning as in section	183
5321.01 of the Revised Code, except, if required by the facts of	184
the action to which the term is applied, "residential premises"	185
has the same meaning as in section ~~3733.01~~4781.01 of the Revised	186
Code.	187

(5) "Rental agreement" means any agreement or lease, written	188
or oral, that establishes or modifies the terms, conditions,	189
rules, or other provisions concerning the use or occupancy of	190
premises by one of the parties to the agreement or lease, except	191
that "rental agreement," as used in division (A)(13) of section	192
1923.02 of the Revised Code and where the context requires as used	193
in this chapter, means a rental agreement as defined in division	194
(D) of section 5322.01 of the Revised Code.	195

(6) "Controlled substance" has the same meaning as in section	196
3719.01 of the Revised Code.	197

(7) "School premises" has the same meaning as in section	198
2925.01 of the Revised Code.	199

(8) "Sexually oriented offense" and "child-victim oriented	200
offense" have the same meanings as in section 2950.01 of the	201
Revised Code.	202

(9) "Recreational vehicle" and "mobile home" have the same	203
meanings as in section 4501.01 of the Revised Code.	204

(10) "Manufactured home" has the same meaning as in section	205
3781.06 of the Revised Code.	206

(11) "Manufactured home park" has the same meaning as in	207
section ~~3733.01~~4781.01 of the Revised Code and also means any	208
tract of land upon which one or two manufactured or mobile homes	209
used for habitation are parked, either free of charge or for	210
revenue purposes, pursuant to rental agreements between the owners	211
of the manufactured or mobile homes and the owner of the tract of	212
land.	213

(12) "Park operator" has the same meaning as in section	214
~~3733.01~~4781.01 of the Revised Code and also means a landlord of	215
premises upon which one or two manufactured or mobile homes used	216
for habitation are parked, either free of charge or for revenue	217
purposes, pursuant to rental agreements between the owners of the	218
manufactured or mobile homes and a landlord who is not licensed as	219
a manufactured home park operator pursuant to Chapter ~~3733.~~4781.	220
of the Revised Code.	221

(13) "Personal property" means tangible personal property	222
other than a manufactured home, mobile home, or recreational	223
vehicle that is the subject of an action under this chapter.	224

(14) "Preschool or child day-care center premises" has the	225
same meaning as in section 2950.034 of the Revised Code.	226

Sec. 1923.02. (A) Proceedings under this chapter may be had	227
as follows:	228

(1) Against tenants or manufactured home park residents	229
holding over their terms;	230

(2) Against tenants or manufactured home park residents in	231
possession under an oral tenancy, who are in default in the	232
payment of rent as provided in division (B) of this section;	233

(3) In sales of real estate, on executions, orders, or other	234
judicial process, when the judgment debtor was in possession at	235
the time of the rendition of the judgment or decree, by virtue of	236
which the sale was made;	237

(4) In sales by executors, administrators, or guardians, and	238
on partition, when any of the parties to the complaint were in	239
possession at the commencement of the action, after the sales, so	240
made on execution or otherwise, have been examined by the proper	241
court and adjudged legal;	242

(5) When the defendant is an occupier of lands or tenements,	243
without color of title, and the complainant has the right of	244
possession to them;	245

(6) In any other case of the unlawful and forcible detention	246
of lands or tenements. For purposes of this division, in addition	247
to any other type of unlawful and forcible detention of lands or	248
tenements, such a detention may be determined to exist when both	249
of the following apply:	250

(a) A tenant fails to vacate residential premises within	251
three days after both of the following occur:	252

(i) The tenant's landlord has actual knowledge of or has	253
reasonable cause to believe that the tenant, any person in the	254
tenant's household, or any person on the premises with the consent	255
of the tenant previously has or presently is engaged in a	256
violation of Chapter 2925. or 3719. of the Revised Code, or of a	257
municipal ordinance that is substantially similar to any section	258
in either of those chapters, which involves a controlled substance	259
and which occurred in, is occurring in, or otherwise was or is	260
connected with the premises, whether or not the tenant or other	261
person has been charged with, has pleaded guilty to or been	262
convicted of, or has been determined to be a delinquent child for	263
an act that, if committed by an adult, would be a violation as	264
described in this division. For purposes of this division, a	265
landlord has "actual knowledge of or has reasonable cause to	266
believe" that a tenant, any person in the tenant's household, or	267
any person on the premises with the consent of the tenant	268
previously has or presently is engaged in a violation as described	269
in this division if a search warrant was issued pursuant to	270
Criminal Rule 41 or Chapter 2933. of the Revised Code; the	271
affidavit presented to obtain the warrant named or described the	272
tenant or person as the individual to be searched and particularly	273
described the tenant's premises as the place to be searched, named	274
or described one or more controlled substances to be searched for	275
and seized, stated substantially the offense under Chapter 2925.	276
or 3719. of the Revised Code or the substantially similar	277
municipal ordinance that occurred in, is occurring in, or	278
otherwise was or is connected with the tenant's premises, and	279
states the factual basis for the affiant's belief that the	280
controlled substances are located on the tenant's premises; the	281
warrant was properly executed by a law enforcement officer and any	282
controlled substance described in the affidavit was found by that	283
officer during the search and seizure; and, subsequent to the	284
search and seizure, the landlord was informed by that or another	285
law enforcement officer of the fact that the tenant or person has	286
or presently is engaged in a violation as described in this	287
division and it occurred in, is occurring in, or otherwise was or	288
is connected with the tenant's premises.	289

(ii) The landlord gives the tenant the notice required by	290
division (C) of section 5321.17 of the Revised Code.	291

(b) The court determines, by a preponderance of the evidence,	292
that the tenant, any person in the tenant's household, or any	293
person on the premises with the consent of the tenant previously	294
has or presently is engaged in a violation as described in	295
division (A)(6)(a)(i) of this section.	296

(7) In cases arising out of Chapter 5313. of the Revised	297
Code. In those cases, the court has the authority to declare a	298
forfeiture of the vendee's rights under a land installment	299
contract and to grant any other claims arising out of the	300
contract.	301

(8) Against tenants who have breached an obligation that is	302
imposed by section 5321.05 of the Revised Code, other than the	303
obligation specified in division (A)(9) of that section, and that	304
materially affects health and safety. Prior to the commencement of	305
an action under this division, notice shall be given to the tenant	306
and compliance secured with section 5321.11 of the Revised Code.	307

(9) Against tenants who have breached an obligation imposed	308
upon them by a written rental agreement;	309

(10) Against manufactured home park residents who have	310
defaulted in the payment of rent or breached the terms of a rental	311
agreement with a park operator. Nothing in this division precludes	312
the commencement of an action under division (A)(12) of this	313
section when the additional circumstances described in that	314
division apply.	315

(11) Against manufactured home park residents who have	316
committed two material violations of the rules of the manufactured	317
home park, of the ~~public health council~~manufactured homes	318
commission, or of applicable state and local health and safety	319
codes and who have been notified of the violations in compliance	320
with section ~~3733.13~~4781.45 of the Revised Code;	321

(12) Against a manufactured home park resident, or the estate	322
of a manufactured home park resident, who as a result of death or	323
otherwise has been absent from the manufactured home park for a	324
period of thirty consecutive days prior to the commencement of an	325
action under this division and whose manufactured home or mobile	326
home, or recreational vehicle that is parked in the manufactured	327
home park, has been left unoccupied for that thirty-day period,	328
without notice to the park operator and without payment of rent	329
due under the rental agreement with the park operator;	330

(13) Against occupants of self-service storage facilities, as	331
defined in division (A) of section 5322.01 of the Revised Code,	332
who have breached the terms of a rental agreement or violated	333
section 5322.04 of the Revised Code;	334

(14) Against any resident or occupant who, pursuant to a	335
rental agreement, resides in or occupies residential premises	336
located within one thousand feet of any school premises or	337
preschool or child day-care center premises and to whom both of	338
the following apply:	339

(a) The resident's or occupant's name appears on the state	340
registry of sex offenders and child-victim offenders maintained	341
under section 2950.13 of the Revised Code.	342

(b) The state registry of sex offenders and child-victim	343
offenders indicates that the resident or occupant was convicted of	344
or pleaded guilty to a sexually oriented offense or a child-victim	345
oriented offense in a criminal prosecution and was not sentenced	346
to a serious youthful offender dispositional sentence for that	347
offense.	348

(15) Against any tenant who permits any person to occupy	349
residential premises located within one thousand feet of any	350
school premises or preschool or child day-care center premises if	351
both of the following apply to the person:	352

(a) The person's name appears on the state registry of sex	353
offenders and child-victim offenders maintained under section	354
2950.13 of the Revised Code.	355

(b) The state registry of sex offenders and child-victim	356
offenders indicates that the person was convicted of or pleaded	357
guilty to a sexually oriented offense or a child-victim oriented	358
offense in a criminal prosecution and was not sentenced to a	359
serious youthful offender dispositional sentence for that offense.	360

(B) If a tenant or manufactured home park resident holding	361
under an oral tenancy is in default in the payment of rent, the	362
tenant or resident forfeits the right of occupancy, and the	363
landlord may, at the landlord's option, terminate the tenancy by	364
notifying the tenant or resident, as provided in section 1923.04	365
of the Revised Code, to leave the premises, for the restitution of	366
which an action may then be brought under this chapter.	367

(C)(1) If a tenant or any other person with the tenant's	368
permission resides in or occupies residential premises that are	369
located within one thousand feet of any school premises and is a	370
resident or occupant of the type described in division (A)(14) of	371
this section or a person of the type described in division (A)(15)	372
of this section, the landlord for those residential premises, upon	373
discovery that the tenant or other person is a resident, occupant,	374
or person of that nature, may terminate the rental agreement or	375
tenancy for those residential premises by notifying the tenant and	376
all other occupants, as provided in section 1923.04 of the Revised	377
Code, to leave the premises.	378

(2) If a landlord is authorized to terminate a rental	379
agreement or tenancy pursuant to division (C)(1) of this section	380
but does not so terminate the rental agreement or tenancy, the	381
landlord is not liable in a tort or other civil action in damages	382
for any injury, death, or loss to person or property that	383
allegedly result from that decision.	384

(D) This chapter does not apply to a student tenant as	385
defined by division (H) of section 5321.01 of the Revised Code	386
when the college or university proceeds to terminate a rental	387
agreement pursuant to section 5321.031 of the Revised Code.	388

Sec. 1923.061. (A) Any defense in an action under this	389
chapter may be asserted at trial.	390

(B) In an action for possession of residential premises based	391
upon nonpayment of the rent or in an action for rent when the	392
tenant or manufactured home park resident is in possession, the	393
tenant or resident may counterclaim for any amount hethe tenant	394
or resident may recover under the rental agreement or under	395
Chapter ~~3733.~~4781. or 5321. of the Revised Code. In that event,	396
the court from time to time may order the tenant or resident to	397
pay into court all or part of the past due rent and rent becoming	398
due during the pendency of the action. After trial and judgment,	399
the party to whom a net judgment is owed shall be paid first from	400
the money paid into court, and any balance shall be satisfied as	401
any other judgment. If no rent remains due after application of	402
this division, judgment shall be entered for the tenant or	403
resident in the action for possession. If the tenant or resident	404
has paid into court an amount greater than that necessary to	405
satisfy a judgment obtained by the landlord, the balance shall be	406
returned by the court to the tenant or resident.	407

Sec. 1923.15. During any proceeding involving residential	408
premises under this chapter, the court may order an appropriate	409
governmental agency to inspect the residential premises. If the	410
agency determines and the court finds conditions which constitute	411
a violation of section ~~3733.10~~4781.38 or 5321.04 of the Revised	412
Code, and if the premises have been vacated or are to be restored	413
to the landlord, the court may issue an order forbidding the	414
re-rental of the property until such conditions are corrected. If	415
the agency determines and the court finds such conditions, and if	416
the court finds that the tenant or manufactured home park resident	417
may remain in possession, the court may order such conditions	418
corrected. If such conditions have been caused by the tenant or	419
resident, the court may award damages to the landlord equal to the	420
reasonable cost of correcting such conditions.	421

Sec. 2305.01. Except as otherwise provided by this section	422
or section 2305.03 of the Revised Code, the court of common pleas	423
has original jurisdiction in all civil cases in which the sum or	424
matter in dispute exceeds the exclusive original jurisdiction of	425
county courts and appellate jurisdiction from the decisions of	426
boards of county commissioners. The court of common pleas shall	427
not have jurisdiction, in any tort action to which the amounts	428
apply, to award punitive or exemplary damages that exceed the	429
amounts set forth in section 2315.21 of the Revised Code. The	430
court of common pleas shall not have jurisdiction in any tort	431
action to which the limits apply to enter judgment on an award of	432
compensatory damages for noneconomic loss in excess of the limits	433
set forth in section 2315.18 of the Revised Code.	434

The court of common pleas may on its own motion transfer for	435
trial any action in the court to any municipal court in the county	436
having concurrent jurisdiction of the subject matter of, and the	437
parties to, the action, if the amount sought by the plaintiff does	438
not exceed one thousand dollars and if the judge or presiding	439
judge of the municipal court concurs in the proposed transfer.	440
Upon the issuance of an order of transfer, the clerk of courts	441
shall remove to the designated municipal court the entire case	442
file. Any untaxed portion of the common pleas deposit for court	443
costs shall be remitted to the municipal court by the clerk of	444
courts to be applied in accordance with section 1901.26 of the	445
Revised Code, and the costs taxed by the municipal court shall be	446
added to any costs taxed in the common pleas court.	447

The court of common pleas has jurisdiction in any action	448
brought pursuant to division (I) of section ~~3733.11~~4781.40 of the	449
Revised Code if the residential premises that are the subject of	450
the action are located within the territorial jurisdiction of the	451
court.	452

The courts of common pleas of Adams, Athens, Belmont, Brown,	453
Clermont, Columbiana, Gallia, Hamilton, Jefferson, Lawrence,	454
Meigs, Monroe, Scioto, and Washington counties have jurisdiction	455
beyond the north or northwest shore of the Ohio river extending to	456
the opposite shore line, between the extended boundary lines of	457
any adjacent counties or adjacent state. Each of those courts of	458
common pleas has concurrent jurisdiction on the Ohio river with	459
any adjacent court of common pleas that borders on that river and	460
with any court of Kentucky or of West Virginia that borders on the	461
Ohio river and that has jurisdiction on the Ohio river under the	462
law of Kentucky or the law of West Virginia, whichever is	463
applicable, or under federal law.	464

Sec. 2323.05. Within ten days after filing with a court to	465
initiate a foreclosure action against a manufactured home park, a	466
mortgagee shall provide the manufactured homes commission with a	467
written notice of that filing and shall provide the court with a	468
copy of that notice. If the mortgagee does not provide the notice	469
or copy as this section requires, the court shall dismiss the	470
foreclosure action without prejudice. Within thirty days after	471
receiving notice of the filing, the commission shall notify	472
residents in the park of the foreclosure action.	473

Sec. 3701.83. (A) There is hereby created in the state	474
treasury the general operations fund. Moneys in the fund shall be	475
used for the purposes specified in sections 3701.04, 3701.344,	476
3702.20, 3710.15, 3711.16, 3717.45, 3718.06, 3721.02, 3722.04,	477
3729.07, ~~3733.04,~~ 3733.25, 3733.43, 3748.04, 3748.05, 3748.07,	478
3748.12, 3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09	479
of the Revised Code.	480

(B) The alcohol testing program fund is hereby created in the	481
state treasury. The director of health shall use the fund to	482
administer and enforce the alcohol testing and permit program	483
authorized by section 3701.143 of the Revised Code.	484

The fund shall receive transfers from the liquor control fund	485
created under section 4301.12 of the Revised Code. All investment	486
earnings of the alcohol testing program fund shall be credited to	487
the fund.	488

Sec. 3709.085. (A) The board of health of a city or general	489
health district may enter into a contract with any political	490
subdivision or other governmental agency to obtain or provide all	491
or part of any services, including, but not limited to,	492
enforcement services, for the purposes of Chapter 3704. of the	493
Revised Code, the rules adopted and orders made pursuant thereto,	494
or any other ordinances or rules for the prevention, control, and	495
abatement of air pollution.	496

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

497

(a) "Semipublic disposal system" means a disposal system that	498
treats the sanitary sewage discharged from publicly or privately	499
owned buildings or places of assemblage, entertainment,	500
recreation, education, correction, hospitalization, housing, or	501
employment, but does not include a disposal system that treats	502
sewage in amounts of more than twenty-five thousand gallons per	503
day; a disposal system for the treatment of sewage that is exempt	504
from the requirements of section 6111.04 of the Revised Code	505
pursuant to division (F)(7) of that section; or a disposal system	506
for the treatment of industrial waste.	507

(b) Terms defined in section 6111.01 of the Revised Code have	508
the same meanings as in that section.	509

(2) The board of health of a city or general health district	510
may enter into a contract with the environmental protection agency	511
to conduct on behalf of the agency inspection or enforcement	512
services, for the purposes of Chapter 6111. of the Revised Code	513
and rules adopted thereunder, for the disposal or treatment of	514
sewage from semipublic disposal systems. The board of health of a	515
city or general health district may charge a fee established	516
pursuant to section 3709.09 of the Revised Code to be paid by the	517
owner or operator of a semipublic disposal system for inspections	518
conducted by the board pursuant to a contract entered into under	519
division (B)(2) of this section, except that the board shall not	520
charge a fee for those inspections conducted at any recreational	521
vehicle park, recreation camp, or combined park-camp that is	522
licensed under section 3729.05 of the Revised Code ~~or at any~~	523
~~manufactured home park that is licensed under section 3733.03 of~~	524
~~the Revised Code~~.	525

Sec. 3709.09. (A) The board of health of a city or general	526
health district may, by rule, establish a uniform system of fees	527
to pay the costs of any services provided by the board.	528

The fee for issuance of a certified copy of a vital record or	529
a certification of birth shall not be less than the fee prescribed	530
for the same service under division (A)(1) of section 3705.24 of	531
the Revised Code and shall include the fees required by division	532
(B) of section 3705.24 and section 3109.14 of the Revised Code.	533

Fees for services provided by the board for purposes	534
specified in sections 3701.344, 3711.10, 3718.06, 3729.07,	535
3730.03, ~~3733.04,~~ 3733.25, and 3749.04 of the Revised Code shall	536
be established in accordance with rules adopted under division (B)	537
of this section. The district advisory council, in the case of a	538
general health district, and the legislative authority of the	539
city, in the case of a city health district, may disapprove any	540
fee established by the board of health under this division, and	541
any such fee, as disapproved, shall not be charged by the board of	542
health.	543

(B) The public health council shall adopt rules under section	544
111.15 of the Revised Code that establish fee categories and a	545
uniform methodology for use in calculating the costs of services	546
provided for purposes specified in sections 3701.344, 3711.10,	547
3718.06, 3729.07, 3730.03, ~~3733.04,~~ 3733.25, and 3749.04 of the	548
Revised Code. In adopting the rules, the public health council	549
shall consider recommendations it receives from advisory boards	550
established either by statute or the director of health for	551
entities subject to the fees.	552

(C) Except when a board of health establishes a fee by	553
adopting a rule as an emergency measure, the board of health shall	554
hold a public hearing regarding each proposed fee for a service	555
provided by the board for a purpose specified in section 3701.344,	556
3711.10, 3718.06, 3729.07, 3730.03, ~~3733.04,~~ 3733.25, or 3749.04	557
of the Revised Code. If a public hearing is held, at least twenty	558
days prior to the public hearing the board shall give written	559
notice of the hearing to each entity affected by the proposed fee.	560
The notice shall be mailed to the last known address of each	561
entity and shall specify the date, time, and place of the hearing	562
and the amount of the proposed fee.	563

(D) If payment of a fee established under this section is not	564
received by the day on which payment is due, the board of health	565
shall assess a penalty. The amount of the penalty shall be equal	566
to twenty-five per cent of the applicable fee.	567

(E) All rules adopted by a board of health under this section	568
shall be adopted, recorded, and certified as are ordinances of	569
municipal corporations and the record thereof shall be given in	570
all courts the same effect as is given such ordinances, but the	571
advertisements of such rules shall be by publication in one	572
newspaper of general circulation within the health district.	573
Publication shall be made once a week for two consecutive weeks	574
and such rules shall take effect and be in force ten days from the	575
date of the first publication.	576

Sec. 3709.092. (A) A board of health of a city or general	577
health district shall transmit to the director of health all fees	578
or additional amounts that the public health council requires to	579
be collected under sections 3701.344, 3718.06, 3729.07, ~~3733.04,~~	580
3733.25, and 3749.04 of the Revised Code. The fees and amounts	581
shall be transmitted according to the following schedule:	582

(1) For fees and amounts received by the board on or after	583
the first day of January but not later than the thirty-first day	584
of March, transmit the fees and amounts not later than the	585
fifteenth day of May;	586

(2) For fees and amounts received by the board on or after	587
the first day of April but not later than the thirtieth day of	588
June, transmit the fees and amounts not later than the fifteenth	589
day of August;	590

(3) For fees and amounts received by the board on or after	591
the first day of July but not later than the thirtieth day of	592
September, transmit the fees and amounts not later than the	593
fifteenth day of November;	594

(4) For fees and amounts received by the board on or after	595
the first day of October but not later than the thirty-first day	596
of December, transmit the fees and amounts not later than the	597
fifteenth day of February of the following year.	598

(B) The director shall deposit the fees and amounts received	599
under this section into the state treasury to the credit of the	600
general operations fund created in section 3701.83 of the Revised	601
Code. Each amount shall be used solely for the purpose for which	602
it was collected.	603

Sec. 3729.01. As used in this chapter:

604

(A) "Camp operator" means the operator of a recreational	605
vehicle park, recreation camp, combined park-camp, or temporary	606
park-camp.	607

(B) "Campsite user" means a person who enters into a campsite	608
use agreement with a camp operator for the use of a campsite at a	609
recreational vehicle park, recreation camp, combined park-camp, or	610
temporary park-camp.	611

(C) "Combined park-camp" means any tract of land upon which a	612
combination of five or more self-contained recreational vehicles	613
or portable camping units are placed and includes any roadway,	614
building, structure, vehicle, or enclosure used or intended for	615
use as part of the park facilities. A tract of land that is	616
subdivided for lease or other contract of the individual lots is a	617
combined park-camp if a combination of five or more recreational	618
vehicles or portable camping units are placed on it for	619
recreation, vacation, or business purposes.	620

"Combined park-camp" does not include any tract of land used	621
solely as a temporary park-camp or solely as a manufactured home	622
park.	623

(D) "Dependent recreational vehicle" means a recreational	624
vehicle other than a self-contained recreational vehicle.	625
"Dependent recreational vehicle" includes a park model.	626

(E) "Development" means any artificial change to improved or	627
unimproved real estate, including, without limitation, buildings	628
or structures, dredging, filling, grading, paving, excavation or	629
drilling operations, or storage of equipment or materials, and the	630
construction, expansion, or substantial alteration of a	631
recreational vehicle park, recreation camp, or combined park-camp,	632
for which plan review is required under division (A) of section	633
3729.03 of the Revised Code. "Development" does not include the	634
building, construction, erection, or manufacture of any building	635
to which section 3781.06 of the Revised Code is applicable.	636

(F) "Director of health" means the director of health or the	637
director's authorized representative.	638

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

639

(1) A general and temporary condition of partial or complete	640
inundation of normally dry land areas from any of the following:	641

(a) The overflow of inland or tidal waters;

642

(b) The unusual and rapid accumulation or runoff of surface	643
waters from any source;	644

(c) Mudslides that are proximately caused by flooding as	645
defined in division (G)(1)(b) of this section and that are akin to	646
a river of liquid and flowing mud on the surface of normally dry	647
land areas, as when earth is carried by a current of water and	648
deposited along the path of the current.	649

(2) The collapse or subsidence of land along the shore of a	650
lake or other body of water as a result of erosion or undermining	651
that is caused by waves or currents of water exceeding anticipated	652
cyclical levels or that is suddenly caused by an unusually high	653
water level in a natural body of water, and that is accompanied by	654
a severe storm, by an unanticipated force of nature, such as a	655
flash flood, by an abnormal tidal surge, or by some similarly	656
unusual and unforeseeable event, that results in flooding as	657
defined in division (G)(1)(a) of this section.	658

(H) "Flood plain" means the area adjoining any river, stream,	659
watercourse, or lake that has been or may be covered by flood	660
water.	661

(I) "Licensor" means either the board of health of a city or	662
general health district, or the authority having the duties of a	663
board of health in any city as authorized by section 3709.05 of	664
the Revised Code, or the director of health, when required under	665
division (B) of section 3729.06 of the Revised Code. "Licensor"	666
also means an authorized representative of any of those entities	667
or of the director.	668

(J) "Manufactured home park" has the same meaning as in	669
section ~~3733.01~~4781.01 of the Revised Code.	670

(K) "One-hundred-year flood" means a flood having a one per	671
cent chance of being equaled or exceeded in any given year.	672

(L) "One-hundred-year flood plain" means that portion of a	673
flood plain inundated by a one-hundred-year flood.	674

(M) "Operator" means the person who has responsible charge of	675
a recreational vehicle park, recreation camp, combined park-camp,	676
or temporary park-camp and who is licensed under this chapter.	677

(N) "Park model" means a recreational vehicle that meets the	678
American national standard institute standard A119.5(1988) for	679
park trailers, is built on a single chassis, has a gross trailer	680
area of not more than four hundred square feet when set up, is	681
designed for seasonal or temporary living quarters, and may be	682
connected to utilities necessary for operation of installed	683
features and appliances.	684

(O) "Person" has the same meaning as in section 1.59 of the	685
Revised Code and also includes this state, any political	686
subdivision of this state, and any other state or local body of	687
this state.	688

(P) "Portable camping units" means dependent recreational	689
vehicles, tents, portable sleeping equipment, and similar camping	690
equipment used for travel, recreation, vacation, or business	691
purposes.	692

(Q) "Recreation camp" means any tract of land upon which five	693
or more portable camping units are placed and includes any	694
roadway, building, structure, vehicle, or enclosure used or	695
intended for use as a part of the facilities of the camp. A tract	696
of land that is subdivided for lease or other contract of the	697
individual lots is a recreation camp if five or more portable	698
camping units are placed on it for recreation, vacation, or	699
business purposes.	700

"Recreation camp" does not include any tract of land used	701
solely for the storage or display for sale of dependent	702
recreational vehicles, solely as a temporary park-camp, or solely	703
as a manufactured home park.	704

(R) "Recreational vehicle" has the same meaning as in section	705
4501.01 of the Revised Code.	706

(S) "Recreational vehicle park" means any tract of land used	707
for parking five or more self-contained recreational vehicles and	708
includes any roadway, building, structure, vehicle, or enclosure	709
used or intended for use as part of the park facilities and any	710
tract of land that is subdivided for lease or other contract of	711
the individual lots for the express or implied purpose of placing	712
self-contained recreational vehicles for recreation, vacation, or	713
business purposes.	714

"Recreational vehicle park" does not include any tract of	715
land used solely for the storage or display for sale of	716
self-contained recreational vehicles, solely as a temporary	717
park-camp, or solely as a manufactured home park.	718

(T) "Self-contained recreational vehicle" means a	719
recreational vehicle that can operate independent of connections	720
to sewer and water and has plumbing fixtures or appliances all of	721
which are connected to sewage holding tanks located within the	722
vehicle. "Self-contained recreational vehicle" includes a park	723
model.	724

(U) "Substantially alter" means a change in the layout or	725
design of a recreational vehicle park, recreation camp, combined	726
park-camp, or temporary park-camp, including, without limitation,	727
the movement of utilities or changes in established streets, lots,	728
or sites or in other facilities.	729

(V) "Temporary park-camp" means any tract of land used for a	730
period not to exceed a total of twenty-one days per calendar year	731
for the purpose of parking five or more recreational vehicles,	732
dependent recreational vehicles, or portable camping units, or any	733
combination thereof, for one or more periods of time that do not	734
exceed seven consecutive days or parts thereof.	735

(W) "Tract" means a contiguous area of land that consists of	736
one or more parcels, lots, or sites that have been separately	737
surveyed regardless of whether the individual parcels, lots, or	738
sites have been recorded and regardless of whether the one or more	739
parcels, lots, or sites are under common or different ownership.	740

Sec. 3733.11. (A)(1) ~~The~~A manufactured home park operator	741
shall offer each home owner a written rental agreement for a	742
manufactured home park lot for a term of one year or more that	743
contains terms essentially the same as any alternative	744
month-to-month rental agreement offered to current and prospective	745
tenants and owners. The park operator shall offer the minimum	746
one-year rental agreement to the owner prior to installation of	747
the home in the manufactured home park or, if the home is in the	748
manufactured home park, prior to the expiration of the owner's	749
existing rental agreement.	750

(2) The park operator shall deliver the offer to the owner by	751
certified mail, return receipt requested, or in person. If the	752
park operator delivers the offer to the owner in person, the owner	753
shall complete a return showing receipt of the offer. If the owner	754
does not accept the offer, the park operator is discharged from	755
any obligation to make any further such offers. If the owner	756
accepts the offer, the park operator shall, at the expiration of	757
each successive rental agreement, offer the owner another rental	758
agreement, for a term that is mutually agreed upon, and that	759
contains terms essentially the same as the alternative	760
month-to-month agreement. The park operator shall deliver	761
subsequent rental offers by ordinary mail or personal delivery. If	762
the park operator sells the manufactured home park to another	763
manufactured home park operator, the purchaser is bound by the	764
rental agreements entered into by the purchaser's predecessor.	765

~~(3) If the park operator sells the manufactured home park for~~	766
~~a use other than as a manufactured home park, the park operator~~	767
~~shall give each tenant and owner a written notification by~~	768
~~certified mail, return receipt requested, or by handing it to the~~	769
~~tenant or owner in person. If the park operator delivers the~~	770
~~notification in person, the recipient shall complete a return~~	771
~~showing receipt of the notification. This notification shall~~	772
~~contain notice of the sale of the manufactured home park, and~~	773
~~notice of the date by which the tenant or owner shall vacate. The~~	774
~~date by which the tenant shall vacate shall be at least one~~	775
~~hundred twenty days after receipt of the written notification, and~~	776
~~the date by which the owner shall vacate shall be at least one~~	777
~~hundred eighty days after receipt of the written notification.~~	778

(B) A park operator shall fully disclose in writing all fees,	779
charges, assessments, including rental fees, and rules prior to a	780
tenant or owner executing a rental agreement and assuming	781
occupancy in the manufactured home park. No fees, charges,	782
assessments, or rental fees so disclosed may be increased nor	783
rules changed by a park operator without specifying the date of	784
implementation of the changed fees, charges, assessments, rental	785
fees, or rules, which date shall be not less than thirty days	786
after written notice of the change and its effective date to all	787
tenants or owners in the manufactured home park, and no fee,	788
charge, assessment, or rental fee shall be increased during the	789
term of any tenant's or owner's rental agreement. Failure on the	790
part of the park operator to fully disclose all fees, charges, or	791
assessments shall prevent the park operator from collecting the	792
undisclosed fees, charges, or assessments. If a tenant or owner	793
refuses to pay any undisclosed fees, charges, or assessments, the	794
refusal shall not be used by the park operator as a cause for	795
eviction in any court.	796

(C) A park operator shall promulgate rules governing the	797
rental or occupancy of a lot in the manufactured home park. The	798
rules shall not be unreasonable, arbitrary, or capricious. A copy	799
of the rules and any amendments to them shall be delivered by the	800
park operator to the tenant or owner prior to signing the rental	801
agreement. A copy of the rules and any amendments to them shall be	802
posted in a conspicuous place upon the manufactured home park	803
grounds.	804

(D) No park operator shall require an owner to purchase from	805
the park operator any personal property. The park operator may	806
determine by rule the style or quality of skirting, equipment for	807
tying down homes, manufactured or mobile home accessories, or	808
other equipment to be purchased by an owner from a vendor of the	809
owner's choosing, provided that the equipment is readily available	810
to the owner. Any such equipment shall be installed in accordance	811
with the manufactured home park rules.	812

(E) No park operator shall charge any owner who chooses to	813
install an electric or gas appliance in a home an additional fee	814
solely on the basis of the installation, unless the installation	815
is performed by the park operator at the request of the owner, nor	816
shall the park operator restrict the installation, service, or	817
maintenance of the appliance, restrict the ingress or egress of	818
repairpersons to the manufactured home park for the purpose of	819
installation, service, or maintenance of the appliance, nor	820
restrict the making of any interior improvement in a home, if the	821
installation or improvement is in compliance with applicable	822
building codes and other provisions of law and if adequate utility	823
services are available for the installation or improvement.	824

(F) No park operator shall require a tenant to lease or an	825
owner to purchase a manufactured or mobile home from the park	826
operator or any specific person as a condition of or prerequisite	827
to entering into a rental agreement.	828

(G) No park operator shall require an owner to use the	829
services of the park operator or any other specific person for	830
installation of the manufactured or mobile home on the residential	831
premises or for the performance of any service.	832

(H) No park operator shall:

833

(1) Deny any owner the right to sell the owner's manufactured	834
home within the manufactured home park if the owner gives the park	835
operator ten days' notice of the intention to sell the home;	836

(2) Require the owner to remove the home from the	837
manufactured home park solely on the basis of the sale of the	838
home;	839

(3) Unreasonably refuse to enter into a rental agreement with	840
a purchaser of a home located within the operator's manufactured	841
home park;	842

(4) Charge any tenant or owner any fee, charge, or	843
assessment, including a rental fee, that is not set forth in the	844
rental agreement or, if the rental agreement is oral, is not set	845
forth in a written disclosure given to the tenant or owner prior	846
to the tenant or owner entering into a rental agreement;	847

(5) Charge any owner any fee, charge, or assessment because	848
of the transfer of ownership of a home or because a home is moved	849
out of or into the manufactured home park, except a charge for the	850
actual costs and expenses that are incurred by the park operator	851
in moving the home out of or into the manufactured home park, or	852
in installing the home in the manufactured home park and that have	853
not been reimbursed by another tenant or owner.	854

(6) Prohibit the indoor or outdoor display either of a for	855
sale sign by an owner on that owner's lot, including a sign that	856
indicates the owner is offering the property for sale by owner, or	857
of a political sign by a tenant or owner on that tenant's or	858
owner's lot, if the tenant or owner displaying the sign complies	859
with all applicable sections of the Revised Code and all	860
applicable municipal and county ordinance and resolutions	861
regulating the display of such a sign. As used in this section,	862
"political sign" means a sign that advertises, promotes, endorses,	863
or opposes an issue that has been certified to appear on the	864
ballot, or a candidate whose name has been certified to appear on	865
the ballot, at the next general, special, or primary election.	866

(I) If the park operator violates any provision of divisions	867
(A) to (H) of this section, the tenant or owner may ~~recover~~	868
commence a civil action against the park operator for either or	869
both of the following:	870

(1) The greater of twenty-five dollars or the actual damages	871
resulting from the violation, and, if the tenant or owner obtains	872
a judgment, reasonable attorneys' fees~~, or terminate~~;	873

(2) Termination of the rental agreement.

874

(J) No rental agreement shall require a tenant or owner to	875
sell, lease, or sublet the tenant's or owner's interest in the	876
rental agreement or the manufactured or mobile home that is or	877
will be located on the lot that is the subject of the rental	878
agreement to any specific person or through any specific person as	879
the person's agent.	880

(K) No park operator shall enter into a rental agreement with	881
the owner of a manufactured or mobile home for the use of	882
residential premises, if the rental agreement requires the owner	883
of the home, as a condition to the owner's renting, occupying, or	884
remaining on the residential premises, to pay the park operator or	885
any other person specified in the rental agreement a fee or any	886
sum of money based on the sale of the home, unless the owner of	887
the home uses the park operator or other person as the owner's	888
agent in the sale of the home.	889

(L) A park operator and a tenant or owner may include in a	890
rental agreement any terms and conditions, including any term	891
relating to rent, the duration of an agreement, and any other	892
provisions governing the rights and obligations of the parties	893
that are not inconsistent with or prohibited by sections 3733.09	894
to 3733.20 of the Revised Code or any other rule of law.	895

(M) Notwithstanding any other provision of the Revised Code,	896
the owner of a manufactured or mobile home ~~that was previously~~	897
~~titled by a dealer~~ may utilize the services of a manufactured ~~home~~	898
housing dealer or broker licensed under Chapter 4517. of the	899
Revised Code or a person properly licensed under Chapter 4735. of	900
the Revised Code to sell or lease the home.	901

Sec. 3733.111. (A) Within ten days after a manufactured home	902
park is offered for sale, the operator of that park shall notify	903
the manufactured homes commission and advise it of that sale. The	904
commission promptly shall notify persons that are interested in	905
the sale or purchase of manufactured home parks, including persons	906
included on the list the commission develops pursuant to section	907
4781.60 of the Revised Code.	908

(B) At any time a manufactured home park is being sold or	909
converted for a use other than as a manufactured home park, the	910
operator shall do both of the following:	911

(1) Provide each tenant and owner with written notice of the	912
sale or conversion of the park. The notice shall be delivered by	913
certified mail, return receipt requested, or by personal delivery.	914
If the park operator delivers the notice in person, the operator	915
shall have the recipient complete a return showing receipt of the	916
notice. The notice shall include the date by which the tenant or	917
owner must vacate, which for tenants shall be at least one hundred	918
twenty days after receipt of the written notice and for owners	919
shall be at least one hundred eighty days after receipt of the	920
written notice.	921

(2) Pay relocation expenses to owners of homes in an amount	922
the commission establishes by rule pursuant to section 4781.60 of	923
the Revised Code.	924

(C) Within ten days after a mortgagee files to initiate a	925
foreclosure action against a manufactured home park, the mortgagee	926
shall provide written notice of that filing to the manufactured	927
homes commission and a copy of that notice to the court, as	928
section 2323.05 of the Revised Code requires.	929

Sec. 3733.41. As used in sections 3733.41 to 3733.49 of the	930
Revised Code:	931

(A) "Agricultural labor camp" means one or more buildings or	932
structures, trailers, tents, or vehicles, together with any land	933
appertaining thereto, established, operated, or used as temporary	934
living quarters for two or more families or five or more persons	935
intending to engage in or engaged in agriculture or related food	936
processing, whether occupancy is by rent, lease, or mutual	937
agreement. "Agricultural labor camp" does not include a hotel or	938
motel, or a ~~trailer~~manufactured home park as defined and	939
regulated pursuant to sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	940
of the Revised Code, and rules adopted thereunder.	941

(B) "Board of health" means the board of health of a city or	942
general health district or the authority having the duties of a	943
board of health in any city as authorized by section 3709.05 of	944
the Revised Code or an authorized representative of the board of	945
health.	946

(C) "Director" means the director of the department of health	947
or ~~his~~the authorized representative of the director of health.	948

(D) "Licensor" means the director of health.

949

(E) "Person" means the state, any political subdivision,	950
public or private corporation, partnership, association, trust,	951
individual, or other entity.	952

(F) "Public health council" means the public health council	953
as created by section 3701.33 of the Revised Code.	954

Sec. 3733.99. (A) ~~Whoever violates division (A) of section~~	955
~~3733.08 of the Revised Code is guilty of a misdemeanor of the~~	956
~~fourth degree.~~	957

~~(B)~~ Whoever violates section 3733.30 of the Revised Code is	958
guilty of a minor misdemeanor. Each day that such violation	959
continues is a separate offense.	960

~~(C)~~(B) Whoever violates section 3733.48 of the Revised Code	961
is guilty of a minor misdemeanor.	962

Sec. 3781.06. (A)~~(1)~~ Any building that may be used as a	963
place of resort, assembly, education, entertainment, lodging,	964
dwelling, trade, manufacture, repair, storage, traffic, or	965
occupancy by the public, any residential building, and all other	966
buildings or parts and appurtenances of those buildings erected	967
within this state, shall be so constructed, erected, equipped, and	968
maintained that they shall be safe and sanitary for their intended	969
use and occupancy.	970

~~(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the~~	971
~~Revised Code shall be construed to limit the power of the public~~	972
~~health council to adopt rules of uniform application governing~~	973
~~manufactured home parks pursuant to section 3733.02 of the Revised~~	974
~~Code.~~	975

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	976
Code do not apply to either of the following:	977

(1) Buildings or structures that are incident to the use for	978
agricultural purposes of the land on which the buildings or	979
structures are located, provided those buildings or structures are	980
not used in the business of retail trade. For purposes of this	981
division, a building or structure is not considered used in the	982
business of retail trade if fifty per cent or more of the gross	983
income received from sales of products in the building or	984
structure by the owner or operator is from sales of products	985
produced or raised in a normal crop year on farms owned or	986
operated by the seller.	987

(2) Existing single-family, two-family, and three-family	988
detached dwelling houses for which applications have been	989
submitted to the director of job and family services pursuant to	990
section 5104.03 of the Revised Code for the purposes of operating	991
type A family day-care homes as defined in section 5104.01 of the	992
Revised Code.	993

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	994
Revised Code:	995

(1) "Agricultural purposes" include agriculture, farming,	996
dairying, pasturage, apiculture, horticulture, floriculture,	997
viticulture, ornamental horticulture, olericulture, pomiculture,	998
and animal and poultry husbandry.	999

(2) "Building" means any structure consisting of foundations,	1000
walls, columns, girders, beams, floors, and roof, or a combination	1001
of any number of these parts, with or without other parts or	1002
appurtenances.	1003

(3) "Industrialized unit" means a building unit or assembly	1004
of closed construction fabricated in an off-site facility, that is	1005
substantially self-sufficient as a unit or as part of a greater	1006
structure, and that requires transportation to the site of	1007
intended use. "Industrialized unit" includes units installed on	1008
the site as independent units, as part of a group of units, or	1009
incorporated with standard construction methods to form a	1010
completed structural entity. "Industrialized unit" does not	1011
include a manufactured home as defined by division (C)(4) of this	1012
section or a mobile home as defined by division (O) of section	1013
4501.01 of the Revised Code.	1014

(4) "Manufactured home" means a building unit or assembly of	1015
closed construction that is fabricated in an off-site facility and	1016
constructed in conformance with the federal construction and	1017
safety standards established by the secretary of housing and urban	1018
development pursuant to the "Manufactured Housing Construction and	1019
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	1020
5403, and that has a permanent label or tag affixed to it, as	1021
specified in 42 U.S.C.A. 5415, certifying compliance with all	1022
applicable federal construction and safety standards.	1023

(5) "Permanent foundation" means permanent masonry, concrete,	1024
or a footing or foundation approved by the manufactured homes	1025
commission pursuant to Chapter 4781. of the Revised Code, to which	1026
a manufactured or mobile home may be affixed.	1027

(6) "Permanently sited manufactured home" means a	1028
manufactured home that meets all of the following criteria:	1029

(a) The structure is affixed to a permanent foundation and is	1030
connected to appropriate facilities;	1031

(b) The structure, excluding any addition, has a width of at	1032
least twenty-two feet at one point, a length of at least	1033
twenty-two feet at one point, and a total living area, excluding	1034
garages, porches, or attachments, of at least nine hundred square	1035
feet;	1036

(c) The structure has a minimum 3:12 residential roof pitch,	1037
conventional residential siding, and a six-inch minimum eave	1038
overhang, including appropriate guttering;	1039

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

1040

(e) The structure is not located in a manufactured home park	1041
as defined by section ~~3733.01~~4781.01 of the Revised Code.	1042

(7) "Safe," with respect to a building, means it is free from	1043
danger or hazard to the life, safety, health, or welfare of	1044
persons occupying or frequenting it, or of the public and from	1045
danger of settlement, movement, disintegration, or collapse,	1046
whether such danger arises from the methods or materials of its	1047
construction or from equipment installed therein, for the purpose	1048
of lighting, heating, the transmission or utilization of electric	1049
current, or from its location or otherwise.	1050

(8) "Sanitary," with respect to a building, means it is free	1051
from danger or hazard to the health of persons occupying or	1052
frequenting it or to that of the public, if such danger arises	1053
from the method or materials of its construction or from any	1054
equipment installed therein, for the purpose of lighting, heating,	1055
ventilating, or plumbing.	1056

(9) "Residential building" means a one-family, two-family, or	1057
three-family dwelling house, and any accessory structure	1058
incidental to that dwelling house. "Residential building" includes	1059
a one-family, two-family, or three-family dwelling house that is	1060
used as a model to promote the sale of a similar dwelling house.	1061
"Residential building" does not include an industrialized unit as	1062
defined by division (C)(3) of this section, a manufactured home as	1063
defined by division (C)(4) of this section, or a mobile home as	1064
defined by division (O) of section 4501.01 of the Revised Code.	1065

(10) "Nonresidential building" means any building that is not	1066
a residential building or a manufactured or mobile home.	1067

(11) "Accessory structure" means a structure that is attached	1068
to a residential building and serves the principal use of the	1069
residential building. "Accessory structure" includes, but is not	1070
limited to, a garage, porch, or screened-in patio.	1071

Sec. 4503.061. (A) All manufactured and mobile homes shall	1072
be listed on either the real property tax list or the manufactured	1073
home tax list of the county in which the home has situs. Each	1074
owner shall follow the procedures in this section to identify the	1075
home to the county auditor of the county containing the taxing	1076
district in which the home has situs so that the auditor may place	1077
the home on the appropriate tax list.	1078

(B) When a manufactured or mobile home first acquires situs	1079
in this state and is subject to real property taxation pursuant to	1080
division (B)(1) or (2) of section 4503.06 of the Revised Code, the	1081
owner shall present to the auditor of the county containing the	1082
taxing district in which the home has its situs the certificate of	1083
title for the home, together with proof that all taxes due have	1084
been paid and proof that a relocation notice was obtained for the	1085
home if required under this section. Upon receiving the	1086
certificate of title and the required proofs, the auditor shall	1087
place the home on the real property tax list and proceed to treat	1088
the home as other properties on that list. After the auditor has	1089
placed the home on the tax list of real and public utility	1090
property, the auditor shall deliver the certificate of title to	1091
the clerk of the court of common pleas that issued it pursuant to	1092
section 4505.11 of the Revised Code, and the clerk shall	1093
inactivate the certificate of title.	1094

(C)(1) When a manufactured or mobile home subject to a	1095
manufactured home tax is relocated to or first acquires situs in	1096
any county that has adopted a permanent manufactured home	1097
registration system, as provided in division (F) of this section,	1098
the owner, within thirty days after the home is relocated or first	1099
acquires situs under section 4503.06 of the Revised Code, shall	1100
register the home with the county auditor of the county containing	1101
the taxing district in which the home has its situs. For the first	1102
registration in each county of situs, the owner or vendee in	1103
possession shall present to the county auditor an Ohio certificate	1104
of title, certified copy of the certificate of title, or	1105
memorandum certificate of title as such are required by law, and	1106
proof, as required by the county auditor, that the home, if it has	1107
previously been occupied and is being relocated, has been	1108
previously registered, that all taxes due and required to be paid	1109
under division (H)(1) of this section before a relocation notice	1110
may be issued have been paid, and that a relocation notice was	1111
obtained for the home if required by division (H) of this section.	1112
If the owner or vendee does not possess the Ohio certificate of	1113
title, certified copy of the certificate of title, or memorandum	1114
certificate of title at the time the owner or vendee first	1115
registers the home in a county, the county auditor shall register	1116
the home without presentation of the document, but the owner or	1117
vendee shall present the certificate of title, certified copy of	1118
the certificate of title, or memorandum certificate of title to	1119
the county auditor within fourteen days after the owner or vendee	1120
obtains possession of the document.	1121

(2) When a manufactured or mobile home is registered for the	1122
first time in a county and when the total tax due has been paid as	1123
required by division (F) of section 4503.06 of the Revised Code or	1124
divisions (E) and (H) of this section, the county treasurer shall	1125
note by writing or by a stamp on the certificate of title,	1126
certified copy of certificate of title, or memorandum certificate	1127
of title that the home has been registered and that the taxes due,	1128
if any, have been paid for the preceding five years and for the	1129
current year. The treasurer shall then issue a certificate	1130
evidencing registration and a decal to be displayed on the street	1131
side of the home. The certificate is valid in any county in this	1132
state during the year for which it is issued.	1133

(3) For each year thereafter, the county treasurer shall	1134
issue a tax bill stating the amount of tax due under section	1135
4503.06 of the Revised Code, as provided in division (D)(6) of	1136
that section. When the total tax due has been paid as required by	1137
division (F) of that section, the county treasurer shall issue a	1138
certificate evidencing registration that shall be valid in any	1139
county in this state during the year for which the certificate is	1140
issued.	1141

(4) The permanent decal issued under this division is valid	1142
during the period of ownership, except that when a manufactured	1143
home is relocated in another county the owner shall apply for a	1144
new registration as required by this section and section 4503.06	1145
of the Revised Code.	1146

(D)(1) All owners of manufactured or mobile homes subject to	1147
the manufactured home tax being relocated to or having situs in a	1148
county that has not adopted a permanent registration system, as	1149
provided in division (F) of this section, shall register the home	1150
within thirty days after the home is relocated or first acquires	1151
situs under section 4503.06 of the Revised Code and thereafter	1152
shall annually register the home with the county auditor of the	1153
county containing the taxing district in which the home has its	1154
situs.	1155

(2) Upon the annual registration, the county treasurer shall	1156
issue a tax bill stating the amount of annual manufactured home	1157
tax due under section 4503.06 of the Revised Code, as provided in	1158
division (D)(6) of that section. When a manufactured or mobile	1159
home is registered and when the tax for the current one-half year	1160
has been paid as required by division (F) of that section, the	1161
county treasurer shall issue a certificate evidencing registration	1162
and a decal. The certificate and decal are valid in any county in	1163
this state during the year for which they are issued. The decal	1164
shall be displayed on the street side of the home.	1165

(3) For the first annual registration in each county of	1166
situs, the county auditor shall require the owner or vendee to	1167
present an Ohio certificate of title, certified copy of the	1168
certificate of title, or memorandum certificate of title as such	1169
are required by law, and proof, as required by the county auditor,	1170
that the manufactured or mobile home has been previously	1171
registered, if such registration was required, that all taxes due	1172
and required to be paid under division (H)(1) of this section	1173
before a relocation notice may be issued have been paid, and that	1174
a relocation notice was obtained for the home if required by	1175
division (H) of this section. If the owner or vendee does not	1176
possess the Ohio certificate of title, certified copy of the	1177
certificate of title, or memorandum certificate of title at the	1178
time the owner or vendee first registers the home in a county, the	1179
county auditor shall register the home without presentation of the	1180
document, but the owner or vendee shall present the certificate of	1181
title, certified copy of the certificate of title, or memorandum	1182
certificate of title to the county auditor within fourteen days	1183
after the owner or vendee obtains possession of the document. When	1184
the county treasurer receives the tax payment, the county	1185
treasurer shall note by writing or by a stamp on the certificate	1186
of title, certified copy of the certificate of title, or	1187
memorandum certificate of title that the home has been registered	1188
for the current year and that the manufactured home taxes due, if	1189
any, have been paid for the preceding five years and for the	1190
current year.	1191

(4) For subsequent annual registrations, the auditor may	1192
require the owner or vendee in possession to present an Ohio	1193
certificate of title, certified copy of the certificate of title,	1194
or memorandum certificate of title to the county treasurer upon	1195
payment of the manufactured home tax that is due.	1196

(E)(1) Upon the application to transfer ownership of a	1197
manufactured or mobile home for which manufactured home taxes are	1198
paid pursuant to division (C) of section 4503.06 of the Revised	1199
Code the clerk of the court of common pleas shall not issue any	1200
certificate of title that does not contain or have attached both	1201
of the following:	1202

(a) An endorsement of the county treasurer stating that the	1203
home has been registered for each year of ownership and that all	1204
manufactured home taxes imposed pursuant to section 4503.06 of the	1205
Revised Code have been paid or that no tax is due;	1206

(b) An endorsement of the county auditor that the	1207
manufactured home transfer tax imposed pursuant to section 322.06	1208
of the Revised Code and any fees imposed under division (G) of	1209
section 319.54 of the Revised Code have been paid.	1210

(2) If all the taxes have not been paid, the clerk shall	1211
notify the vendee to contact the county treasurer of the county	1212
containing the taxing district in which the home has its situs at	1213
the time of the proposed transfer. The county treasurer shall then	1214
collect all the taxes that are due for the year of the transfer	1215
and all previous years not exceeding a total of five years. The	1216
county treasurer shall distribute that part of the collection owed	1217
to the county treasurer of other counties if the home had its	1218
situs in another county during a particular year when the unpaid	1219
tax became due and payable. The burden to prove the situs of the	1220
home in the years that the taxes were not paid is on the	1221
transferor of the home. Upon payment of the taxes, the county	1222
auditor shall remove all remaining taxes from the manufactured	1223
home tax list and the delinquent manufactured home tax list, and	1224
the county treasurer shall release all liens for such taxes. The	1225
clerk of courts shall issue a certificate of title, free and clear	1226
of all liens for manufactured home taxes, to the transferee of the	1227
home.	1228

(3) Once the transfer is complete and the certificate of	1229
title has been issued, the transferee shall register the	1230
manufactured or mobile home pursuant to division (C) or (D) of	1231
this section with the county auditor of the county containing the	1232
taxing district in which the home remains after the transfer or,	1233
if the home is relocated to another county, with the county	1234
auditor of the county to which the home is relocated. The	1235
transferee need not pay the annual tax for the year of acquisition	1236
if the original owner has already paid the annual tax for that	1237
year.	1238

(F) The county auditor may adopt a permanent registration	1239
system and issue a permanent decal with the first registration as	1240
prescribed by the tax commissioner.	1241

(G) When any manufactured or mobile home required to be	1242
registered by this section is not registered, the county auditor	1243
shall impose a penalty of one hundred dollars upon the owner and	1244
deposit the amount to the credit of the county real estate	1245
assessment fund to be used to pay the costs of administering this	1246
section and section 4503.06 of the Revised Code. If unpaid, the	1247
penalty shall constitute a lien on the home and shall be added by	1248
the county auditor to the manufactured home tax list for	1249
collection.	1250

(H)(1) Except as otherwise provided in this division, before	1251
moving a manufactured or mobile home on public roads from one	1252
address within this state to another address within or outside	1253
this state, the owner of the home shall obtain a relocation	1254
notice, as provided by this section, from the auditor of the	1255
county in which the home is located if the home is currently	1256
subject to taxation pursuant to section 4503.06 of the Revised	1257
Code. The auditor shall charge five dollars for the notice, and	1258
deposit the amount to the credit of the county real estate	1259
assessment fund to be used to pay the costs of administering this	1260
section and section 4503.06 of the Revised Code. The auditor shall	1261
not issue a relocation notice unless all taxes owed on the home	1262
under section 4503.06 of the Revised Code that were first charged	1263
to the home during the period of ownership of the owner seeking	1264
the relocation notice have been paid. If the home is being moved	1265
by a new owner of the home or by a party taking repossession of	1266
the home, the auditor shall not issue a relocation notice unless	1267
all of the taxes due for the preceding five years and for the	1268
current year have been paid. A relocation notice issued by a	1269
county auditor is valid until the last day of December of the year	1270
in which it was issued.	1271

If the home is being moved by a sheriff, police officer,	1272
constable, bailiff, or manufactured home park operator, as defined	1273
in section ~~3733.01~~4781.01 of the Revised Code, or any agent of	1274
any of these persons, for purposes of removal from a manufactured	1275
home park and storage, sale, or destruction under section 1923.14	1276
of the Revised Code, the auditor shall issue a relocation notice	1277
without requiring payment of any taxes owed on the home under	1278
section 4503.06 of the Revised Code.	1279

(2) If a manufactured or mobile home is not yet subject to	1280
taxation under section 4503.06 of the Revised Code, the owner of	1281
the home shall obtain a relocation notice from the dealer of the	1282
home. Within thirty days after the manufactured or mobile home is	1283
purchased, the dealer of the home shall provide the auditor of the	1284
county in which the home is to be located written notice of the	1285
name of the purchaser of the home, the registration number or	1286
vehicle identification number of the home, and the address or	1287
location to which the home is to be moved. The county auditor	1288
shall provide to each manufactured and mobile home dealer, without	1289
charge, a supply of relocation notices to be distributed to	1290
purchasers pursuant to this section.	1291

(3) The notice shall be in the form of a one-foot square	1292
yellow sign with the words "manufactured home relocation notice"	1293
printed prominently on it. The name of the owner of the home, the	1294
home's registration number or vehicle identification number, the	1295
county and the address or location to which the home is being	1296
moved, and the county in which the notice is issued shall also be	1297
entered on the notice.	1298

(4) The relocation notice must be attached to the rear of the	1299
home when the home is being moved on a public road. Except as	1300
provided in divisions (H)(1) and (5) of this section, no person	1301
shall drive a motor vehicle moving a manufactured or mobile home	1302
on a public road from one address to another address within this	1303
state unless a relocation notice is attached to the rear of the	1304
home.	1305

(5) If the county auditor determines that a manufactured or	1306
mobile home has been moved without a relocation notice as required	1307
under this division, the auditor shall impose a penalty of one	1308
hundred dollars upon the owner of the home and upon the person who	1309
moved the home and deposit the amount to the credit of the county	1310
real estate assessment fund to pay the costs of administering this	1311
section and section 4503.06 of the Revised Code. If the home was	1312
relocated from one county in this state to another county in this	1313
state and the county auditor of the county to which the home was	1314
relocated imposes the penalty, that county auditor, upon	1315
collection of the penalty, shall cause an amount equal to the	1316
penalty to be transmitted from the county real estate assessment	1317
fund to the county auditor of the county from which the home was	1318
relocated, who shall deposit the amount to the credit of the	1319
county real estate assessment fund. If the penalty on the owner is	1320
unpaid, the penalty shall constitute a lien on the home and the	1321
auditor shall add the penalty to the manufactured home tax list	1322
for collection. If the county auditor determines that a dealer	1323
that has sold a manufactured or mobile home has failed to timely	1324
provide the information required under this division, the auditor	1325
shall impose a penalty upon the dealer in the amount of one	1326
hundred dollars. The penalty shall be credited to the county real	1327
estate assessment fund and used to pay the costs of administering	1328
this section and section 4503.06 of the Revised Code.	1329

(I) Whoever violates division (H)(4) of this section is	1330
guilty of a minor misdemeanor.	1331

Sec. 4503.062. (A) Every operator of a manufactured home	1332
court, or manufactured home park, as defined in section ~~3733.01~~	1333
4781.01 of the Revised Code, or when there is no operator, every	1334
owner of property used for such purposes on which three or more	1335
manufactured or mobile homes are located, shall keep a register of	1336
all manufactured and mobile homes that make use of the court,	1337
park, or property. The register shall contain all of the	1338
following:	1339

(1) The name of the owner and all inhabitants of each home;

1340

(2) The ages of all inhabitants of each home;

1341

(3) The permanent and temporary post office addresses of all	1342
inhabitants of each home;	1343

(4) The license number of each home;

1344

(5) The state issuing each such license;

1345

(6) The date of arrival and of departure of each home;

1346

(7) The make and model of each home, if known and if either	1347
of the following applies:	1348

(a) The home enters the court, park, or property on or after	1349
January 1, 2003.	1350

(b) Ownership of the home in the court or park, or on the	1351
property, is transferred on or after January 1, 2003.	1352

(B) The register shall be open to inspection by the county	1353
auditor, the county treasurer, agents of the auditor or treasurer,	1354
and all law enforcement agencies at all times.	1355

(C) Any person who fails to comply with this section shall be	1356
fined not less than twenty-five nor more than one hundred dollars.	1357

Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the	1358
Revised Code:	1359

(A) "Persons" includes individuals, firms, partnerships,	1360
associations, joint stock companies, corporations, and any	1361
combinations of individuals.	1362

(B) "Motor vehicle" means motor vehicle as defined in section	1363
4501.01 of the Revised Code and also includes "all-purpose	1364
vehicle" and "off-highway motorcycle" as those terms are defined	1365
in section 4519.01 of the Revised Code. "Motor vehicle" does not	1366
include a snowmobile as defined in section 4519.01 of the Revised	1367
Code or manufactured and mobile homes.	1368

(C) "New motor vehicle" means a motor vehicle, the legal	1369
title to which has never been transferred by a manufacturer,	1370
remanufacturer, distributor, or dealer to an ultimate purchaser.	1371

(D) "Ultimate purchaser" means, with respect to any new motor	1372
vehicle, the first person, other than a dealer purchasing in the	1373
capacity of a dealer, who in good faith purchases such new motor	1374
vehicle for purposes other than resale.	1375

(E) "Business" includes any activities engaged in by any	1376
person for the object of gain, benefit, or advantage either direct	1377
or indirect.	1378

(F) "Engaging in business" means commencing, conducting, or	1379
continuing in business, or liquidating a business when the	1380
liquidator thereof holds self out to be conducting such business;	1381
making a casual sale or otherwise making transfers in the ordinary	1382
course of business when the transfers are made in connection with	1383
the disposition of all or substantially all of the transferor's	1384
assets is not engaging in business.	1385

(G) "Retail sale" or "sale at retail" means the act or	1386
attempted act of selling, bartering, exchanging, or otherwise	1387
disposing of a motor vehicle to an ultimate purchaser for use as a	1388
consumer.	1389

(H) "Retail installment contract" includes any contract in	1390
the form of a note, chattel mortgage, conditional sales contract,	1391
lease, agreement, or other instrument payable in one or more	1392
installments over a period of time and arising out of the retail	1393
sale of a motor vehicle.	1394

(I) "Farm machinery" means all machines and tools used in the	1395
production, harvesting, and care of farm products.	1396

(J) "Dealer" or "motor vehicle dealer" means any new motor	1397
vehicle dealer, any motor vehicle leasing dealer, and any used	1398
motor vehicle dealer.	1399

(K) "New motor vehicle dealer" means any person engaged in	1400
the business of selling at retail, displaying, offering for sale,	1401
or dealing in new motor vehicles pursuant to a contract or	1402
agreement entered into with the manufacturer, remanufacturer, or	1403
distributor of the motor vehicles.	1404

(L) "Used motor vehicle dealer" means any person engaged in	1405
the business of selling, displaying, offering for sale, or dealing	1406
in used motor vehicles, at retail or wholesale, but does not mean	1407
any new motor vehicle dealer selling, displaying, offering for	1408
sale, or dealing in used motor vehicles incidentally to engaging	1409
in the business of selling, displaying, offering for sale, or	1410
dealing in new motor vehicles, any person engaged in the business	1411
of dismantling, salvaging, or rebuilding motor vehicles by means	1412
of using used parts, or any public officer performing official	1413
duties.	1414

(M) "Motor vehicle leasing dealer" means any person engaged	1415
in the business of regularly making available, offering to make	1416
available, or arranging for another person to use a motor vehicle	1417
pursuant to a bailment, lease, sublease, or other contractual	1418
arrangement under which a charge is made for its use at a periodic	1419
rate for a term of thirty days or more, and title to the motor	1420
vehicle is in and remains in the motor vehicle leasing dealer who	1421
originally leases it, irrespective of whether or not the motor	1422
vehicle is the subject of a later sublease, and not in the user,	1423
but does not mean a manufacturer or its affiliate leasing to its	1424
employees or to dealers.	1425

(N) "Salesperson" means any person employed by a dealer or	1426
~~manufactured home broker~~ to sell, display, and offer for sale, or	1427
deal in motor vehicles for a commission, compensation, or other	1428
valuable consideration, but does not mean any public officer	1429
performing official duties.	1430

(O) "Casual sale" means any transfer of a motor vehicle by a	1431
person other than a new motor vehicle dealer, used motor vehicle	1432
dealer, motor vehicle salvage dealer, as defined in division (A)	1433
of section 4738.01 of the Revised Code, salesperson, motor vehicle	1434
auction owner, manufacturer, or distributor acting in the capacity	1435
of a dealer, salesperson, auction owner, manufacturer, or	1436
distributor, to a person who purchases the motor vehicle for use	1437
as a consumer.	1438

(P) "Motor vehicle show" means a display of current models of	1439
motor vehicles whereby the primary purpose is the exhibition of	1440
competitive makes and models in order to provide the general	1441
public the opportunity to review and inspect various makes and	1442
models of motor vehicles at a single location.	1443

(Q) "Motor vehicle auction owner" means any person who is	1444
engaged wholly or in part in the business of auctioning motor	1445
vehicles.	1446

(R) "Manufacturer" means a person who manufactures,	1447
assembles, or imports motor vehicles, including motor homes, but	1448
does not mean a person who only assembles or installs a body,	1449
special equipment unit, finishing trim, or accessories on a motor	1450
vehicle chassis supplied by a manufacturer or distributor.	1451

(S) "Tent-type fold-out camping trailer" means any vehicle	1452
intended to be used, when stationary, as a temporary shelter with	1453
living and sleeping facilities, and that is subject to the	1454
following properties and limitations:	1455

(1) A minimum of twenty-five per cent of the fold-out portion	1456
of the top and sidewalls combined must be constructed of canvas,	1457
vinyl, or other fabric, and form an integral part of the shelter.	1458

(2) When folded, the unit must not exceed:

1459

(a) Fifteen feet in length, exclusive of bumper and tongue;

1460

(b) Sixty inches in height from the point of contact with the	1461
ground;	1462

1463

(d) One ton gross weight at time of sale.

1464

(T) "Distributor" means any person authorized by a motor	1465
vehicle manufacturer to distribute new motor vehicles to licensed	1466
new motor vehicle dealers, but does not mean a person who only	1467
assembles or installs a body, special equipment unit, finishing	1468
trim, or accessories on a motor vehicle chassis supplied by a	1469
manufacturer or distributor.	1470

(U) "Flea market" means a market place, other than a dealer's	1471
location licensed under this chapter, where a space or location is	1472
provided for a fee or compensation to a seller to exhibit and	1473
offer for sale or trade, motor vehicles to the general public.	1474

(V) "Franchise" means any written agreement, contract, or	1475
understanding between any motor vehicle manufacturer or	1476
remanufacturer engaged in commerce and any motor vehicle dealer	1477
that purports to fix the legal rights and liabilities of the	1478
parties to such agreement, contract, or understanding.	1479

(W) "Franchisee" means a person who receives new motor	1480
vehicles from the franchisor under a franchise agreement and who	1481
offers, sells, and provides service for such new motor vehicles to	1482
the general public.	1483

(X) "Franchisor" means a new motor vehicle manufacturer,	1484
remanufacturer, or distributor who supplies new motor vehicles	1485
under a franchise agreement to a franchisee.	1486

(Y) "Dealer organization" means a state or local trade	1487
association the membership of which is comprised predominantly of	1488
new motor vehicle dealers.	1489

(Z) "Factory representative" means a representative employed	1490
by a manufacturer, remanufacturer, or by a factory branch	1491
primarily for the purpose of promoting the sale of its motor	1492
vehicles, parts, or accessories to dealers or for supervising or	1493
contacting its dealers or prospective dealers.	1494

(AA) "Administrative or executive management" means those	1495
individuals who are not subject to federal wage and hour laws.	1496

(BB) "Good faith" means honesty in the conduct or transaction	1497
concerned and the observance of reasonable commercial standards of	1498
fair dealing in the trade as is defined in division (S) of section	1499
1301.01 of the Revised Code, including, but not limited to, the	1500
duty to act in a fair and equitable manner so as to guarantee	1501
freedom from coercion, intimidation, or threats of coercion or	1502
intimidation; provided however, that recommendation, endorsement,	1503
exposition, persuasion, urging, or argument shall not be	1504
considered to constitute a lack of good faith.	1505

(CC) "Coerce" means to compel or attempt to compel by failing	1506
to act in good faith or by threat of economic harm, breach of	1507
contract, or other adverse consequences. Coerce does not mean to	1508
argue, urge, recommend, or persuade.	1509

(DD) "Relevant market area" means any area within a radius of	1510
ten miles from the site of a potential new dealership, except that	1511
for manufactured home or recreational vehicle dealerships the	1512
radius shall be twenty-five miles. The ten-mile radius shall be	1513
measured from the dealer's established place of business that is	1514
used exclusively for the purpose of selling, displaying, offering	1515
for sale, or dealing in motor vehicles.	1516

(EE) "Wholesale" or "at wholesale" means the act or attempted	1517
act of selling, bartering, exchanging, or otherwise disposing of a	1518
motor vehicle to a transferee for the purpose of resale and not	1519
for ultimate consumption by that transferee.	1520

(FF) "Motor vehicle wholesaler" means any person licensed as	1521
a dealer under the laws of another state and engaged in the	1522
business of selling, displaying, or offering for sale used motor	1523
vehicles, at wholesale, but does not mean any motor vehicle dealer	1524
as defined in this section.	1525

(GG)(1) "Remanufacturer" means a person who assembles or	1526
installs passenger seating, walls, a roof elevation, or a body	1527
extension on a conversion van with the motor vehicle chassis	1528
supplied by a manufacturer or distributor, a person who modifies a	1529
truck chassis supplied by a manufacturer or distributor for use as	1530
a public safety or public service vehicle, a person who modifies a	1531
motor vehicle chassis supplied by a manufacturer or distributor	1532
for use as a limousine or hearse, or a person who modifies an	1533
incomplete motor vehicle cab and chassis supplied by a new motor	1534
vehicle dealer or distributor for use as a tow truck, but does not	1535
mean either of the following:	1536

(a) A person who assembles or installs passenger seating, a	1537
roof elevation, or a body extension on a recreational vehicle as	1538
defined in division (Q) and referred to in division (B) of section	1539
4501.01 of the Revised Code;	1540

(b) A person who assembles or installs special equipment or	1541
accessories for handicapped persons, as defined in section 4503.44	1542
of the Revised Code, upon a motor vehicle chassis supplied by a	1543
manufacturer or distributor.	1544

(2) For the purposes of division (GG)(1) of this section,	1545
"public safety vehicle or public service vehicle" means a fire	1546
truck, ambulance, school bus, street sweeper, garbage packing	1547
truck, or cement mixer, or a mobile self-contained facility	1548
vehicle.	1549

(3) For the purposes of division (GG)(1) of this section,	1550
"limousine" means a motor vehicle, designed only for the purpose	1551
of carrying nine or fewer passengers, that a person modifies by	1552
cutting the original chassis, lengthening the wheelbase by forty	1553
inches or more, and reinforcing the chassis in such a way that all	1554
modifications comply with all applicable federal motor vehicle	1555
safety standards. No person shall qualify as or be deemed to be a	1556
remanufacturer who produces limousines unless the person has a	1557
written agreement with the manufacturer of the chassis the person	1558
utilizes to produce the limousines to complete properly the	1559
remanufacture of the chassis into limousines.	1560

(4) For the purposes of division (GG)(1) of this section,	1561
"hearse" means a motor vehicle, designed only for the purpose of	1562
transporting a single casket, that is equipped with a compartment	1563
designed specifically to carry a single casket that a person	1564
modifies by cutting the original chassis, lengthening the	1565
wheelbase by ten inches or more, and reinforcing the chassis in	1566
such a way that all modifications comply with all applicable	1567
federal motor vehicle safety standards. No person shall qualify as	1568
or be deemed to be a remanufacturer who produces hearses unless	1569
the person has a written agreement with the manufacturer of the	1570
chassis the person utilizes to produce the hearses to complete	1571
properly the remanufacture of the chassis into hearses.	1572

(5) For the purposes of division (GG)(1) of this section,	1573
"mobile self-contained facility vehicle" means a mobile classroom	1574
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	1575
testing laboratory, and mobile display vehicle, each of which is	1576
designed for purposes other than for passenger transportation and	1577
other than the transportation or displacement of cargo, freight,	1578
materials, or merchandise. A vehicle is remanufactured into a	1579
mobile self-contained facility vehicle in part by the addition of	1580
insulation to the body shell, and installation of all of the	1581
following: a generator, electrical wiring, plumbing, holding	1582
tanks, doors, windows, cabinets, shelving, and heating,	1583
ventilating, and air conditioning systems.	1584

(6) For the purposes of division (GG)(1) of this section,	1585
"tow truck" means both of the following:	1586

(a) An incomplete cab and chassis that are purchased by a	1587
remanufacturer from a new motor vehicle dealer or distributor of	1588
the cab and chassis and on which the remanufacturer then installs	1589
in a permanent manner a wrecker body it purchases from a	1590
manufacturer or distributor of wrecker bodies, installs an	1591
emergency flashing light pylon and emergency lights upon the mast	1592
of the wrecker body or rooftop, and installs such other related	1593
accessories and equipment, including push bumpers, front grille	1594
guards with pads and other custom-ordered items such as painting,	1595
special lettering, and safety striping so as to create a complete	1596
motor vehicle capable of lifting and towing another motor vehicle.	1597

(b) An incomplete cab and chassis that are purchased by a	1598
remanufacturer from a new motor vehicle dealer or distributor of	1599
the cab and chassis and on which the remanufacturer then installs	1600
in a permanent manner a car carrier body it purchases from a	1601
manufacturer or distributor of car carrier bodies, installs an	1602
emergency flashing light pylon and emergency lights upon the	1603
rooftop, and installs such other related accessories and	1604
equipment, including push bumpers, front grille guards with pads	1605
and other custom-ordered items such as painting, special	1606
lettering, and safety striping.	1607

As used in division (GG)(6)(b) of this section, "car carrier	1608
body" means a mechanical or hydraulic apparatus capable of lifting	1609
and holding a motor vehicle on a flat level surface so that one or	1610
more motor vehicles can be transported, once the car carrier is	1611
permanently installed upon an incomplete cab and chassis.	1612

(HH) "Operating as a new motor vehicle dealership" means	1613
engaging in activities such as displaying, offering for sale, and	1614
selling new motor vehicles at retail, operating a service facility	1615
to perform repairs and maintenance on motor vehicles, offering for	1616
sale and selling motor vehicle parts at retail, and conducting all	1617
other acts that are usual and customary to the operation of a new	1618
motor vehicle dealership. For the purposes of this chapter only,	1619
possession of either a valid new motor vehicle dealer franchise	1620
agreement or a new motor vehicle dealers license, or both of these	1621
items, is not evidence that a person is operating as a new motor	1622
vehicle dealership.	1623

(II) "Outdoor power equipment" means garden and small utility	1624
tractors, walk-behind and riding mowers, chainsaws, and tillers.	1625

(JJ) "Remote service facility" means premises that are	1626
separate from a licensed new motor vehicle dealer's sales facility	1627
by not more than one mile and that are used by the dealer to	1628
perform repairs, warranty work, recall work, and maintenance on	1629
motor vehicles pursuant to a franchise agreement entered into with	1630
a manufacturer of motor vehicles. A remote service facility shall	1631
be deemed to be part of the franchise agreement and is subject to	1632
all the rights, duties, obligations, and requirements of Chapter	1633
4517. of the Revised Code that relate to the performance of motor	1634
vehicle repairs, warranty work, recall work, and maintenance work	1635
by new motor vehicle dealers.	1636

Sec. 4517.04. Each person applying for a new motor vehicle	1637
dealer's license shall ~~annually~~biennially make out and deliver to	1638
the registrar of motor vehicles, before the first day of April,	1639
and upon a blank to be furnished by the registrar for that	1640
purpose, a separate application for license for each county in	1641
which the business of selling new motor vehicles is to be	1642
conducted. The application shall be in the form prescribed by the	1643
registrar, shall be signed and sworn to by the applicant, and, in	1644
addition to any other information required by the registrar, shall	1645
include the following:	1646

(A) Name of applicant and location of principal place of	1647
business;	1648

(B) Name or style under which business is to be conducted	1649
and, if a corporation, the state of incorporation;	1650

(C) Name and address of each owner or partner and, if a	1651
corporation, the names of the officers and directors;	1652

(D) The county in which the business is to be conducted and	1653
the address of each place of business therein;	1654

(E) A statement of the previous history, record, and	1655
association of the applicant and of each owner, partner, officer,	1656
and director, that shall be sufficient to establish to the	1657
satisfaction of the registrar the reputation in business of the	1658
applicant;	1659

(F) A statement showing whether the applicant has previously	1660
applied for a motor vehicle dealer's license, motor vehicle	1661
leasing dealer's license, ~~manufactured home broker's license,~~	1662
distributor's license, motor vehicle auction owner's license, or	1663
motor vehicle salesperson's license, and the result of the	1664
application, and whether the applicant has ever been the holder of	1665
any such license that was revoked or suspended;	1666

(G) If the applicant is a corporation or partnership, a	1667
statement showing whether any partner, employee, officer, or	1668
director has been refused a motor vehicle dealer's license, motor	1669
vehicle leasing dealer's license, ~~manufactured home broker's~~	1670
~~license,~~ distributor's license, motor vehicle auction owner's	1671
license, or motor vehicle salesperson's license, or has been the	1672
holder of any such license that was revoked or suspended;	1673

(H) A statement of the makes of new motor vehicles to be	1674
handled.	1675

The statement required by division (E) of this section shall	1676
indicate whether the applicant or, if applicable, any of the	1677
applicant's owners, partners, officers, or directors,	1678
individually, or as owner, partner, officer, or director of a	1679
business entity, has been convicted of, pleaded guilty, or pleaded	1680
no contest, in a criminal action, or had a judgment rendered	1681
against ~~him~~the person in a civil action for, a violation of	1682
sections 4549.41 to 4549.46 of the Revised Code, of any	1683
substantively comparable provisions of the law of any other state,	1684
or of subchapter IV of the "Motor Vehicle Information and Cost	1685
Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	1686

A true copy of the contract, agreement, or understanding the	1687
applicant has entered into or is about to enter into with the	1688
manufacturer or distributor of the new motor vehicles the	1689
applicant will handle shall be filed with the application. If the	1690
contract, agreement, or understanding is not in writing, a written	1691
statement of all the terms thereof shall be filed. Each such copy	1692
or statement shall bear a certificate signed by each party to the	1693
contract, agreement, or understanding, to the effect that the copy	1694
or statement is true and complete and contains all of the	1695
agreements made or about to be made between the parties.	1696

The application also shall be accompanied by a photograph, as	1697
prescribed by the registrar, of each place of business operated,	1698
or to be operated, by the applicant.	1699

Sec. 4517.09. Each person applying for a salesperson's	1700
license shall ~~annually~~biennially make out and deliver to the	1701
registrar of motor vehicles, before the first day of July and upon	1702
a blank to be furnished by the registrar for that purpose, an	1703
application for license. The application shall be in the form	1704
prescribed by the registrar, shall be signed and sworn to by the	1705
applicant, and, in addition to any other information required by	1706
the registrar, shall include the following:	1707

(A) Name and post-office address of the applicant;

1708

(B) Name and post-office address of the motor vehicle dealer	1709
~~or manufactured home broker~~ for whom the applicant intends to act	1710
as salesperson;	1711

(C) A statement of the applicant's previous history, record,	1712
and association, that shall be sufficient to establish to the	1713
satisfaction of the registrar the applicant's reputation in	1714
business;	1715

(D) A statement as to whether the applicant intends to engage	1716
in any occupation or business other than that of a motor vehicle	1717
salesperson;	1718

(E) A statement as to whether the applicant has ever had any	1719
previous application refused, and whether the applicant has	1720
previously had a license revoked or suspended;	1721

(F) A statement as to whether the applicant was an employee	1722
of or salesperson for a dealer ~~or manufactured home broker~~ whose	1723
license was suspended or revoked;	1724

(G) A statement of the motor vehicle dealer ~~or manufactured~~	1725
~~home broker~~ named therein, designating the applicant as the	1726
dealer's ~~or broker's~~ salesperson.	1727

The statement required by division (C) of this section shall	1728
indicate whether the applicant individually, or as an owner,	1729
partner, officer, or director of a business entity, has been	1730
convicted of, or pleaded guilty to, in a criminal action, or had a	1731
judgment rendered against the applicant in a civil action for, a	1732
violation of sections 4549.41 to 4549.46 of the Revised Code, of	1733
any substantively comparable provisions of the law of any other	1734
state, or of subchapter IV of the "Motor Vehicle Information and	1735
Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	1736

Sec. 4517.10. At the time the registrar of motor vehicles	1737
grants the application of any person for a license as motor	1738
vehicle dealer, motor vehicle leasing dealer, ~~manufactured home~~	1739
~~broker,~~ distributor, motor vehicle auction owner, or motor vehicle	1740
salesperson, the registrar shall issue to the person a license.	1741
The registrar shall prescribe different forms for the licenses of	1742
motor vehicle dealers, motor vehicle leasing dealers, ~~manufactured~~	1743
~~home brokers,~~ distributors, motor vehicle auction owners, and	1744
motor vehicle salespersons, and all licenses shall include the	1745
name and post-office address of the person licensed.	1746

The fee for a dealer's license,and a motor vehicle leasing	1747
dealer's license~~, and a manufactured home broker's license~~ shall	1748
be fifty dollars, and the fee for a salesperson's license shall be	1749
ten dollars. The fee for a motor vehicle auction owner's license	1750
shall be one hundred dollars for each location. The fee for a	1751
distributor's license shall be one hundred dollars for each	1752
distributorship. In all cases, the fee shall accompany the	1753
application for license.	1754

The registrar may require each applicant for a license issued	1755
under this chapter to pay an additional fee, which shall be used	1756
by the registrar to pay the costs of obtaining a record of any	1757
arrests and convictions of the applicant from the Ohio bureau of	1758
identification and investigation. The amount of the fee shall be	1759
equal to that paid by the registrar to obtain such record.	1760

If a dealer,or a motor vehicle leasing dealer~~, or a~~	1761
~~manufactured home broker,~~ has more than one place of business in	1762
the county, the dealer ~~or the broker~~ shall make application, in	1763
such form as the registrar prescribes, for a certified copy of the	1764
license issued to the dealer ~~or manufactured home broker~~ for each	1765
place of business operated. In the event of the loss, mutilation,	1766
or destruction of a license issued under sections 4517.01 to	1767
4517.65 of the Revised Code, any licensee may make application to	1768
the registrar, in such form as the registrar prescribes, for a	1769
duplicate copy thereof. The fee for a certified or duplicate copy	1770
of a dealer's, motor vehicle leasing dealer's, ~~manufactured home~~	1771
~~broker's,~~ distributor's, or auction owner's license, is two	1772
dollars, and the fee for a duplicate copy of a salesperson's	1773
license is one dollar. All fees for such copies shall accompany	1774
the applications.	1775

Beginning on ~~the effective date of this amendment~~September	1776
16, 2004, all dealers' licenses, motor vehicle leasing dealers'	1777
licenses, ~~manufactured home broker's licenses,~~ distributors'	1778
licenses, auction owners' licenses, and all salespersons' licenses	1779
issued or renewed shall expire biennially on a day within the	1780
two-year cycle that is prescribed by the registrar, unless sooner	1781
suspended or revoked. Before the first day after the day	1782
prescribed by the registrar in the year that the license expires,	1783
each licensed dealer, motor vehicle leasing dealer, ~~manufactured~~	1784
~~home broker,~~ distributor, and auction owner and each licensed	1785
salesperson, in the year in which the license will expire, shall	1786
file an application, in such form as the registrar prescribes, for	1787
the renewal of such license. The fee provided in this section for	1788
the original license shall accompany the application.	1789

Any salesperson's license shall be suspended upon the	1790
termination, suspension, or revocation of the license of the motor	1791
vehicle dealer ~~or manufactured home broker~~ for whom the	1792
salesperson is acting, or upon the salesperson leaving the service	1793
of the motor vehicle dealer ~~or manufactured home broker~~; provided	1794
that upon the termination, suspension, or revocation of the	1795
license of the motor vehicle dealer ~~or manufactured home broker~~	1796
for whom the salesperson is acting, or upon the salesperson	1797
leaving the service of a licensed motor vehicle dealer or	1798
~~manufactured home broker~~, the licensed salesperson, upon entering	1799
the service of any other licensed motor vehicle dealer or	1800
~~manufactured home broker~~, shall make application to the registrar,	1801
in such form as the registrar prescribes, to have the	1802
salesperson's license reinstated, transferred, and registered as a	1803
salesperson for the other dealer ~~or broker~~. If the information	1804
contained in the application is satisfactory to the registrar, the	1805
registrar shall have the salesperson's license reinstated,	1806
transferred, and registered as a salesperson for the other dealer	1807
~~or broker~~. The fee for the reinstatement and transfer of license	1808
shall be two dollars. No license issued to a dealer, motor vehicle	1809
leasing dealer, auction owner, ~~manufactured home broker,~~ or	1810
salesperson, under sections 4517.01 to 4517.65 of the Revised Code	1811
shall be transferable to any other person.	1812

Each dealer, motor vehicle leasing dealer, ~~manufactured home~~	1813
~~broker,~~ distributor, and auction owner shall keep the license or a	1814
certified copy thereof and, in the case of a dealer ~~or broker~~, a	1815
current list of the dealer's ~~or the broker's~~ licensed	1816
salespersons, showing the names, addresses, and serial numbers of	1817
their licenses, posted in a conspicuous place in each place of	1818
business. Each salesperson shall carry the salesperson's license	1819
or a certified copy thereof and shall exhibit such license or copy	1820
upon demand to any inspector of the bureau of motor vehicles,	1821
state highway patrol trooper, police officer, or person with whom	1822
the salesperson seeks to transact business as a motor vehicle	1823
salesperson.	1824

The notice of refusal to grant a license shall disclose the	1825
reason for refusal.	1826

Sec. 4517.12. (A) The registrar of motor vehicles shall deny	1827
the application of any person for a license as a motor vehicle	1828
dealer, motor vehicle leasing dealer, ~~manufactured home broker,~~ or	1829
motor vehicle auction owner and refuse to issue the license if the	1830
registrar finds that the applicant:	1831

(1) Has made any false statement of a material fact in the	1832
application;	1833

(2) Has not complied with sections 4517.01 to 4517.45 of the	1834
Revised Code;	1835

(3) Is of bad business repute or has habitually defaulted on	1836
financial obligations;	1837

(4) Is engaged or will engage in the business of selling at	1838
retail any new motor vehicles without having written authority	1839
from the manufacturer or distributor thereof to sell new motor	1840
vehicles and to perform repairs under the terms of the	1841
manufacturer's or distributor's new motor vehicle warranty, except	1842
as provided in division (C) of this section and except that a	1843
person who assembles or installs special equipment or accessories	1844
for handicapped persons, as defined in section 4503.44 of the	1845
Revised Code, upon a motor vehicle chassis supplied by a	1846
manufacturer or distributor shall not be denied a license pursuant	1847
to division (A)(4) of this section;	1848

(5) Has been guilty of a fraudulent act in connection with	1849
selling or otherwise dealing in, or leasing, motor vehicles, or in	1850
connection with brokering manufactured homes;	1851

(6) Has entered into or is about to enter into a contract or	1852
agreement with a manufacturer or distributor of motor vehicles	1853
that is contrary to sections 4517.01 to 4517.45 of the Revised	1854
Code;	1855

(7) Is insolvent;

1856

(8) Is of insufficient responsibility to ensure the prompt	1857
payment of any final judgments that might reasonably be entered	1858
against the applicant because of the transaction of business as a	1859
motor vehicle dealer, motor vehicle leasing dealer, ~~manufactured~~	1860
~~home broker,~~ or motor vehicle auction owner during the period of	1861
the license applied for, or has failed to satisfy any such	1862
judgment;	1863

(9) Has no established place of business that, where	1864
applicable, is used or will be used for the purpose of selling,	1865
displaying, offering for sale, dealing in, or leasing motor	1866
vehicles at the location for which application is made;	1867

(10) Has, less than twelve months prior to making	1868
application, been denied a motor vehicle dealer's, motor vehicle	1869
leasing dealer's, ~~manufactured home broker's,~~ or motor vehicle	1870
auction owner's license, or has any such license revoked.	1871

(B) If the applicant is a corporation or partnership, the	1872
registrar may refuse to issue a license if any officer, director,	1873
or partner of the applicant has been guilty of any act or omission	1874
that would be cause for refusing or revoking a license issued to	1875
such officer, director, or partner as an individual. The	1876
registrar's finding may be based upon facts contained in the	1877
application or upon any other information the registrar may have.	1878
Immediately upon denying an application for any of the reasons in	1879
this section, the registrar shall enter a final order together	1880
with the registrar's findings and certify the same to the motor	1881
vehicle dealers' and salespersons' licensing board.	1882

(C) Notwithstanding division (A)(4) of this section, the	1883
registrar shall not deny the application of any person and refuse	1884
to issue a license if the registrar finds that the applicant is	1885
engaged or will engage in the business of selling at retail any	1886
new motor vehicles and demonstrates all of the following in the	1887
form prescribed by the registrar:	1888

(1) That the applicant has posted a bond, surety, or	1889
certificate of deposit with the registrar in an amount not less	1890
than one hundred thousand dollars for the protection and benefit	1891
of the applicant's customers except that a new motor vehicle	1892
dealer who is not exclusively engaged in the business of selling	1893
remanufactured vehicles shall not be required to post the bond,	1894
surety, or certificate of deposit otherwise required by division	1895
(C)(1) of this section;	1896

(2) ~~That, at the time of the sale of the vehicle, each~~	1897
~~customer of the applicant will be furnished with a binding~~	1898
~~agreement ensuring that the customer has the right to have the~~	1899
~~vehicle serviced or repaired by a new motor vehicle dealer who is~~	1900
~~licensed to sell and service vehicles of the same line-make as the~~	1901
~~chassis of the remanufactured vehicle purchased by the customer~~	1902
~~and whose service or repair facility is located within either~~	1903
~~twenty miles of the applicant's location and place of business or~~	1904
~~twenty miles of the customer's residence or place of business. If~~	1905
~~there is no such new motor vehicle dealer located within twenty~~	1906
~~miles of the applicant's location and place of business or the~~	1907
~~customer's residence or place of business, the binding agreement~~	1908
~~furnished to the customer may be with the new motor vehicle dealer~~	1909
~~who is franchised to sell and service vehicles of the same~~	1910
~~line-make as the chassis of the remanufactured vehicle purchased~~	1911
~~by the customer and whose service or repair facility is located~~	1912
~~nearest to the remanufacturer's location and place of business or~~	1913
~~the customer's residence or place of business.~~	1914

~~(3)~~ That, at the time of the sale of the vehicle, each	1915
customer of the applicant will be furnished with a warranty issued	1916
by the remanufacturer for a term of at least one year;	1917

~~(4)~~(3) That the applicant provides and maintains at the	1918
applicant's location and place of business a permanent facility	1919
with all of the following:	1920

(a) A showroom with space, under roof, for the display of at	1921
least one new motor vehicle;	1922

(b) A service and parts facility for remanufactured vehicles;

1923

(c) Full-time service and parts personnel with the proper	1924
training and technical expertise to service the remanufactured	1925
vehicles sold by the applicant.	1926

Sec. 4517.13. The registrar of motor vehicles shall deny the	1927
application of any person for a license as a distributor and	1928
refuse to issue the license if the registrar finds that the	1929
applicant:	1930

(A) Has made any false statement of a material fact in the	1931
application;	1932

(B) Has not complied with sections 4517.01 to 4517.45 of the	1933
Revised Code;	1934

(C) Is of bad business repute or has habitually defaulted on	1935
financial obligations;	1936

(D) Is engaged or will engage in the business of distributing	1937
any new motor vehicle without having the authority of a contract	1938
with the manufacturer of the vehicle;	1939

(E) Has been guilty of a fraudulent act in connection with	1940
selling or otherwise dealing in motor vehicles;	1941

(F) Has entered into or is about to enter into a contract or	1942
agreement with a manufacturer of motor vehicles that is contrary	1943
to sections 4517.01 to 4517.45 of the Revised Code;	1944

(G) Is insolvent;

1945

(H) Is of insufficient responsibility to ensure the prompt	1946
payment of any financial judgment that might reasonably be entered	1947
against the applicant because of the transaction of business as a	1948
distributor during the period of the license applied for, or has	1949
failed to satisfy any such judgment;	1950

(I) Has no established place of business that, where	1951
applicable, is used or will be used exclusively for the purpose of	1952
distributing new motor vehicles at the location for which	1953
application is made;	1954

(J) Has, less than twelve months prior to making application,	1955
been denied a distributor's, motor vehicle dealer's, motor vehicle	1956
leasing dealer's, ~~manufactured home broker's,~~ or motor vehicle	1957
auction owner's license, or had any such license revoked.	1958

If the applicant is a corporation or partnership, the	1959
registrar may refuse to issue a license if any officer, director,	1960
employee, or partner of the applicant has been guilty of any act	1961
or omission that would be cause for refusing or revoking a license	1962
issued to such officer, director, employee, or partner as an	1963
individual. The registrar's finding may be based upon facts	1964
contained in the application or upon any other information the	1965
registrar may have. Immediately upon denying an application for	1966
any of the reasons in this section, the registrar shall enter a	1967
final order together with the registrar's findings and certify the	1968
same to the motor vehicle dealers board.	1969

Sec. 4517.14. The registrar of motor vehicles shall deny the	1970
application of any person for a license as a salesperson and	1971
refuse to issue the license if the registrar finds that the	1972
applicant:	1973

(A) Has made any false statement of a material fact in the	1974
application;	1975

(B) Has not complied with sections 4517.01 to 4517.45 of the	1976
Revised Code;	1977

(C) Is of bad business repute or has habitually defaulted on	1978
financial obligations;	1979

(D) Has been guilty of a fraudulent act in connection with	1980
selling or otherwise dealing in motor vehicles;	1981

(E) Has not been designated to act as salesperson for a motor	1982
vehicle dealer ~~or manufactured home broker~~ licensed to do business	1983
in this state under section 4517.10 of the Revised Code, or	1984
intends to act as salesperson for more than one licensed motor	1985
vehicle dealer ~~or manufactured home broker~~ at the same time,	1986
except that a licensed salesperson may act as a salesperson at any	1987
licensed dealership owned or operated by the same ~~corporation~~	1988
company, regardless of the county in which the dealership's	1989
facility is located;	1990

(F) Holds a current motor vehicle dealer's ~~or manufactured~~	1991
~~home broker's~~ license issued under section 4517.10 of the Revised	1992
Code, and intends to act as salesperson for another licensed motor	1993
vehicle dealer ~~or manufactured home broker~~;	1994

(G) Has, less than twelve months prior to making application,	1995
been denied a salesperson's license or had a salesperson's license	1996
revoked.	1997

The registrar may refuse to issue a salesperson's license to	1998
an applicant who was salesperson for, or in the employ of, a motor	1999
vehicle dealer ~~or manufactured home broker~~ at the time the	2000
dealer's ~~or broker's~~ license was revoked. The registrar's finding	2001
may be based upon any statement contained in the application or	2002
upon any facts within the registrar's knowledge, and, immediately	2003
upon refusing to issue a salesperson's license, the registrar	2004
shall enter a final order and shall certify the final order	2005
together with his findings to the motor vehicle dealers board.	2006

Sec. 4517.23. (A) Any licensed motor vehicle dealer, motor	2007
vehicle leasing dealer, ~~manufactured home broker,~~ or distributor	2008
shall notify the registrar of motor vehicles concerning any change	2009
in status as a dealer, motor vehicle leasing dealer, ~~manufactured~~	2010
~~home broker,~~ or distributor during the period for which the	2011
dealer, ~~broker,~~ or distributor is licensed, if the change of	2012
status concerns any of the following:	2013

(1) Personnel of owners, partners, officers, or directors;

2014

(2) Location of office or principal place of business;

2015

(3) In the case of a motor vehicle dealer, any contract or	2016
agreement with any manufacturer or distributor; and in the case of	2017
a distributor, any contract or agreement with any manufacturer.	2018

(B) The notification required by division (A) of this section	2019
shall be made by filing with the registrar, within fifteen days	2020
after the change of status, a supplemental statement in a form	2021
prescribed by the registrar showing in what respect the status has	2022
been changed. If the change involves a change in any contract or	2023
agreement between any manufacturer or distributor, and dealer, or	2024
any manufacturer and distributor, the supplemental statement shall	2025
be accompanied by such copies of contracts, statements, and	2026
certificates as would have been required by sections 4517.01 to	2027
4517.45 of the Revised Code if the change had occurred prior to	2028
the licensee's application for license.	2029

The motor vehicle dealers board may adopt a rule exempting	2030
from the notification requirement of division (A)(1) of this	2031
section any dealer if stock in the dealer or its parent company is	2032
publicly traded and if there are public records with state or	2033
federal agencies that provide the information required by division	2034
(A)(1) of this section.	2035

(C) Whoever violates this section is guilty of a misdemeanor	2036
of the fourth degree.	2037

Sec. 4517.24. (A) No two motor vehicle dealers shall engage	2038
in business at the same location, unless they agree to be jointly,	2039
severally, and personally liable for any liability arising from	2040
their engaging in business at the same location. The agreement	2041
shall be filed with the motor vehicle dealers board, and shall	2042
also be made a part of the articles of incorporation of each such	2043
dealer filed with the secretary of state. Whenever the board has	2044
reason to believe that a dealer who has entered into such an	2045
agreement has revoked the agreement but continues to engage in	2046
business at the same location, the board shall revoke the dealer's	2047
license.	2048

(B) ~~This section does not apply to two or more motor vehicle~~	2049
~~dealers engaged in the business of selling new or used~~	2050
~~manufactured or mobile homes in the same manufactured home park.~~	2051

~~(C)~~ Whoever violates this section is guilty of a misdemeanor	2052
of the fourth degree.	2053

Sec. 4517.44. (A) No manufacturer or distributor of motor	2054
vehicles, dealer in motor vehicles, ~~or manufactured home broker,~~	2055
nor any owner, proprietor, person in control, or keeper of any	2056
garage, stable, shop, or other place of business, shall fail to	2057
keep or cause to be kept any record required by law.	2058

(B) Whoever violates this section is guilty of a minor	2059
misdemeanor.	2060

Sec. 4743.05. Except as otherwise provided in sections	2061
4701.20, 4723.062, 4723.082, ~~and~~ 4729.65, and 4781.28 of the	2062
Revised Code, all money collected under Chapters 3773., 4701.,	2063
4703., 4709., 4713., 4715., 4717., 4723., 4725., 4729., 4732.,	2064
4733., 4734., 4736., 4741., 4753., 4755., 4757., 4758., 4759.,	2065
4761., 4766., 4771., 4775., 4779., and 4781. of the Revised Code	2066
shall be paid into the state treasury to the credit of the	2067
occupational licensing and regulatory fund, which is hereby	2068
created for use in administering such chapters.	2069

At the end of each quarter, the director of budget and	2070
management shall transfer from the occupational licensing and	2071
regulatory fund to the nurse education assistance fund created in	2072
section 3333.28 of the Revised Code the amount certified to the	2073
director under division (B) of section 4723.08 of the Revised	2074
Code.	2075

At the end of each quarter, the director shall transfer from	2076
the occupational licensing and regulatory fund to the certified	2077
public accountant education assistance fund created in section	2078
4701.26 of the Revised Code the amount certified to the director	2079
under division (H)(2) of section 4701.10 of the Revised Code.	2080

Sec. 4781.01. As used in this chapter:

2081

(A) "Industrialized unit" has the same meaning as in division	2082
(C)(3) of section 3781.06 of the Revised Code.	2083

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

2084

(1) The temporary or permanent construction of stabilization,	2085
support, and anchoring systems for manufactured housing;	2086

(2) The placement and erection of a manufactured housing unit	2087
or components of a unit on a structural support system;	2088

(3) The supporting, blocking, leveling, securing, anchoring,	2089
underpinning, or adjusting of any section or component of a	2090
manufactured housing unit;	2091

(4) The joining or connecting of all sections or components	2092
of a manufactured housing unit.	2093

(C) "Manufactured home" has the same meaning as in division	2094
(C)(4) of section 3781.06 of the Revised Code.	2095

(D) "Manufactured home park" ~~has the same meaning as in~~	2096
~~division (A) of section 3733.01 of the Revised Code~~means any	2097
tract of land upon which three or more manufactured or mobile	2098
homes used for habitation are parked, either free of charge or for	2099
revenue purposes, and includes any roadway, building, structure,	2100
vehicle, or enclosure used or intended for use as a part of the	2101
facilities of the park. "Manufactured home park" does not include	2102
any of the following:	2103

(1) A tract of land used solely for the storage or display	2104
for sale of manufactured or mobile homes or solely as a temporary	2105
park-camp as defined in section 3729.01 of the Revised Code;	2106

(2) A tract of land that is subdivided and the individual	2107
lots are for sale or sold for the purpose of installation of	2108
manufactured or mobile homes used for habitation and the roadways	2109
are dedicated to the local government authority;	2110

(3) A tract of land within an area that is subject to local	2111
zoning authority and subdivision requirements and is subdivided,	2112
and the individual lots are for sale or sold for the purpose of	2113
installation of manufactured or mobile homes for habitation.	2114

(E) "Manufactured housing" means manufactured homes and	2115
mobile homes.	2116

(F) "Manufactured housing installer" means an individual who	2117
installs manufactured housing.	2118

(G) "Mobile home" has the same meaning as in division (O) of	2119
section 4501.01 of the Revised Code.	2120

(H) "Model standards" means the federal manufactured home	2121
installation standards established pursuant to 42 U.S.C. 5404.	2122

(I) "Permanent foundation" has the same meaning as in	2123
division (C)(5) of section 3781.06 of the Revised Code.	2124

(J) "Business" includes any activities engaged in by any	2125
person for the object of gain, benefit, or advantage either direct	2126
or indirect.	2127

(K) "Casual sale" means any transfer of a manufactured home	2128
or mobile home by a person other than a manufactured housing	2129
dealer, manufactured housing salesperson, or manufacturer to an	2130
ultimate consumer or a person who purchases the home for use as a	2131
residence.	2132

(L) "Engaging in business" means commencing, conducting, or	2133
continuing in business, or liquidating a business when the	2134
liquidator thereof holds self out to be conducting such business;	2135
making a casual sale or otherwise making transfers in the ordinary	2136
course of business when the transfers are made in connection with	2137
the disposition of all or substantially all of the transferor's	2138
assets is not engaging in business.	2139

(M) "Manufactured home park operator" ~~has the same meaning as~~	2140
~~"operator" in section 3733.01 of the Revised Code~~means the person	2141
who has responsible charge of a manufactured home park and who is	2142
licensed under sections 4781.26 to 4781.35 of the Revised Code.	2143

(N) "Manufactured housing broker" means any person acting as	2144
a selling agent on behalf of an owner of a manufactured home or	2145
mobile home that is subject to taxation under section 4503.06 of	2146
the Revised Code.	2147

(O) "Manufactured housing dealer" means any person engaged in	2148
the business of selling at retail, displaying, offering for sale,	2149
or dealing in manufactured homes or mobile homes.	2150

(P) "Manufacturer" means a person who manufacturers,	2151
assembles, or imports manufactured homes or mobile homes.	2152

(Q) "Retail sale" or "sale at retail" means the act or	2153
attempted act of selling, bartering, exchanging, or otherwise	2154
disposing of a manufactured home or mobile home to an ultimate	2155
purchaser for use as a residence.	2156

(R) "Salesperson" means any individual employed by a	2157
manufactured housing dealer or manufactured housing broker to	2158
sell, display, and offer for sale, or deal in manufactured homes	2159
or mobile homes for a commission, compensation, or other valuable	2160
consideration, but does not mean any public officer performing	2161
official duties.	2162

(S) "Ultimate purchaser" means, with respect to any new	2163
manufactured home, the first person, other than a manufactured	2164
housing dealer purchasing in the capacity of a manufactured	2165
housing dealer, who purchases such new manufactured home for	2166
purposes other than resale.	2167

(T) "Tenant" means a person who is entitled under a rental	2168
agreement with a manufactured home park operator to occupy a	2169
manufactured home park lot and who does not own the home occupying	2170
the lot.	2171

(U) "Owner" means a person who is entitled under a rental	2172
agreement with a manufactured home park operator to occupy a	2173
manufactured home park lot and who owns the home occupying the	2174
lot.	2175

(V) "Resident" means a person entitled under a rental	2176
agreement to the use and occupancy of residential premises to the	2177
exclusion of others. "Resident" includes both tenants and owners.	2178

(W) "Park operator" means a manufactured home park operator.

2179

(X) "Residential premises" means a lot located within a	2180
manufactured home park and the grounds, areas, and facilities	2181
contained within the manufactured home park for the use of	2182
residents generally or the use of which is promised to a resident.	2183

(Y) "Rental agreement" means any agreement or lease, written	2184
or oral, that establishes or modifies the terms, conditions,	2185
rules, or any other provisions concerning the use and occupancy of	2186
residential premises by one of the parties.	2187

(Z) "Security deposit" means any deposit of money or property	2188
to secure performance by the resident under a rental agreement.	2189

(AA) "Development" means any artificial change to improved or	2190
unimproved real estate, including, without limitation, buildings	2191
or structures, dredging, filling, grading, paving, excavation or	2192
drilling operations, or storage of equipment or materials, and the	2193
construction, expansion, or substantial alteration of a	2194
manufactured home park, for which plan review is required under	2195
division (A) of section 4781.31 of the Revised Code. "Development"	2196
does not include the building, construction, erection, or	2197
manufacture of any building to which section 3781.06 of the	2198
Revised Code is applicable.	2199

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

2200

(1) A general and temporary condition of partial or complete	2201
inundation of normally dry land areas from any of the following:	2202

(a) The overflow of inland or tidal waters;

2203

(b) The unusual and rapid accumulation or runoff of surface	2204
waters from any source;	2205

(c) Mudslides that are proximately caused by flooding as	2206
defined in division (M)(1)(b) of this section and that are akin to	2207
a river of liquid and flowing mud on the surface of normally dry	2208
land areas, as when earth is carried by a current of water and	2209
deposited along the path of the current.	2210

(2) The collapse or subsidence of land along the shore of a	2211
lake or other body of water as a result of erosion or undermining	2212
that is caused by waves or currents of water exceeding anticipated	2213
cyclical levels or that is suddenly caused by an unusually high	2214
water level in a natural body of water, and that is accompanied by	2215
a severe storm, by an unanticipated force of nature, such as a	2216
flash flood, by an abnormal tidal surge, or by some similarly	2217
unusual and unforeseeable event, that results in flooding as	2218
defined in division (M)(1)(a) of this section.	2219

(CC) "Flood plain" means the area adjoining any river,	2220
stream, watercourse, or lake that has been or may be covered by	2221
flood water.	2222

(DD) "One-hundred-year flood" means a flood having a one per	2223
cent chance of being equaled or exceeded in any given year.	2224

(EE) "One-hundred-year flood plain" means that portion of a	2225
flood plain inundated by a one-hundred-year flood.	2226

(FF) "Person" has the same meaning as in section 1.59 of the	2227
Revised Code and also includes this state, any political	2228
subdivision of this state, and any other state or local body of	2229
this state.	2230

(GG) "Substantial damage" means damage of any origin	2231
sustained by a manufactured or mobile home that is situated in a	2232
manufactured home park located in a flood plain when the cost of	2233
restoring the home to its condition before the damage occurred	2234
will equal or exceed fifty per cent of the market value of the	2235
home before the damage occurred.	2236

(HH) "Substantially alter" means a change in the layout or	2237
design of a manufactured home park, including, without limitation,	2238
the movement of utilities or changes in established streets, lots,	2239
or sites or in other facilities. In the case of manufactured home	2240
parks located within a one-hundred-year flood plain,	2241
"substantially alter" also includes changes in elevation resulting	2242
from the addition of fill, grading, or excavation that may affect	2243
flood plain management.	2244

(II) "Tract" means a contiguous area of land that consists of	2245
one or more parcels, lots, or sites that have been separately	2246
surveyed regardless of whether the individual parcels, lots, or	2247
sites have been recorded and regardless of whether the one or more	2248
parcels, lots, or sites are under common or different ownership.	2249

Sec. 4781.04. (A) The manufactured homes commission shall	2250
adopt rules pursuant to Chapter 119. of the Revised Code to do all	2251
of the following:	2252

(1) Establish uniform standards that govern the installation	2253
of manufactured housing. Not later than one hundred eighty days	2254
after the secretary of the United States department of housing and	2255
urban development adopts model standards for the installation of	2256
manufactured housing or amends those standards, the commission	2257
shall amend its standards as necessary to be consistent with, and	2258
not less stringent than, the model standards for the design and	2259
installation of manufactured housing the secretary adopts or any	2260
manufacturers' standards that the secretary determines are equal	2261
to or not less stringent than the model standards.	2262

(2) Govern the inspection of the installation of manufactured	2263
housing. The rules shall specify that the commission, any building	2264
department or personnel of any department, ~~any licensor or~~	2265
~~personnel of any licensor,~~ or any private third party, certified	2266
pursuant to section 4781.07 of the Revised Code shall conduct all	2267
inspections of the installation of manufactured housing located in	2268
manufactured home parks to determine compliance with the uniform	2269
installation standards the commission establishes pursuant to this	2270
section.	2271

~~As used in division (A)(2) of this section, "licensor" has~~	2272
~~the same meaning as in section 3733.01 of the Revised Code.~~	2273

(3) Govern the design, construction, installation, approval,	2274
and inspection of foundations and the base support systems for	2275
manufactured housing. The rules shall specify that the commission,	2276
any building department or personnel of any department, ~~any~~	2277
~~licensor or personnel of any licensor,~~ or any private third party,	2278
certified pursuant to section 4781.07 of the Revised Code shall	2279
conduct all inspections of the installation, foundations, and base	2280
support systems of manufactured housing located in manufactured	2281
home parks to determine compliance with the uniform installation	2282
standards and foundation and base support system design the	2283
commission establishes pursuant to this section.	2284

~~As used in division (A)(3) of this section, "licensor" has~~	2285
~~the same meaning as in section 3733.01 of the Revised Code.~~	2286

(4) Govern the training, experience, and education	2287
requirements for manufactured housing installers, manufactured	2288
housing dealers, manufactured housing brokers, and manufactured	2289
housing salespersons;	2290

(5) Establish a code of ethics for manufactured housing	2291
installers;	2292

(6) Govern the issuance, revocation, and suspension of	2293
licenses to manufactured housing installers;	2294

(7) Establish fees for the issuance and renewal of licenses,	2295
for conducting inspections to determine an applicant's compliance	2296
with this chapter and the rules adopted pursuant to it, and for	2297
the commission's expenses incurred in implementing this chapter;	2298

(8) Establish conditions under which a licensee may enter	2299
into contracts to fulfill the licensee's responsibilities;	2300

(9) Govern the investigation of complaints concerning any	2301
violation of this chapter or the rules adopted pursuant to it or	2302
complaints involving the conduct of any licensed manufactured	2303
housing installer or person installing manufactured housing	2304
without a license, licensed manufactured housing dealer, licensed	2305
manufactured housing broker, or manufactured housing salesperson;	2306

(10) Establish a dispute resolution program for the timely	2307
resolution of warranty issues involving new manufactured homes,	2308
disputes regarding responsibility for the correction or repair of	2309
defects in manufactured housing, and the installation of	2310
manufactured housing. The rules shall provide for the timely	2311
resolution of disputes between manufacturers, manufactured housing	2312
dealers, and installers regarding the correction or repair of	2313
defects in manufactured housing that are reported by the purchaser	2314
of the home during the one-year period beginning on the date of	2315
installation of the home. The rules also shall provide that	2316
decisions made regarding the dispute under the program are not	2317
binding upon the purchaser of the home or the other parties	2318
involved in the dispute unless the purchaser so agrees in a	2319
written acknowledgement that the purchaser signs and delivers to	2320
the program within ten business days after the decision is issued.	2321

(11) Establish the requirements and procedures for the	2322
certification of building departments and building department	2323
personnel pursuant to section 4781.07 of the Revised Code;	2324

(12) Establish fees to be charged to building departments and	2325
building department personnel applying for certification and	2326
renewal of certification pursuant to section 4781.07 of the	2327
Revised Code;	2328

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

2329

(B) The manufactured homes commission shall do all of the	2330
following:	2331

(1) Prepare and administer a licensure examination to	2332
determine an applicant's knowledge of manufactured housing	2333
installation and other aspects of installation the commission	2334
determines appropriate;	2335

(2) Select, provide, or procure appropriate examination	2336
questions and answers for the licensure examination and establish	2337
the criteria for successful completion of the examination;	2338

(3) Prepare and distribute any application form this chapter	2339
requires;	2340

(4) Receive applications for licenses and renewal of licenses	2341
and issue licenses to qualified applicants;	2342

(5) Establish procedures for processing, approving, and	2343
disapproving applications for licensure;	2344

(6) Retain records of applications for licensure, including	2345
all application materials submitted and a written record of the	2346
action taken on each application;	2347

(7) Review the design and plans for manufactured housing	2348
installations, foundations, and support systems;	2349

(8) Inspect a sample of homes at a percentage the commission	2350
determines to evaluate the construction and installation of	2351
manufactured housing installations, foundations, and support	2352
systems to determine compliance with the standards the commission	2353
adopts;	2354

(9) Investigate complaints concerning violations of this	2355
chapter or the rules adopted pursuant to it, or the conduct of any	2356
manufactured housing installer, manufactured housing dealer,	2357
manufactured housing broker, or manufactured housing salesperson;	2358

(10) Determine appropriate disciplinary actions for	2359
violations of this chapter;	2360

(11) Conduct audits and inquiries of manufactured housing	2361
installers, manufactured housing dealers, and manufactured housing	2362
brokers as appropriate for the enforcement of this chapter. The	2363
commission, or any person the commission employs for the purpose,	2364
may review and audit the business records of any manufactured	2365
housing installer, dealer, or broker during normal business hours.	2366

(12) Approve an installation training course, which may be	2367
offered by the Ohio manufactured homes association or other	2368
entity;	2369

(13) Perform any function or duty necessary to administer	2370
this chapter and the rules adopted pursuant to it.	2371

(C) Nothing in this section shall be construed to limit the	2372
authority of a board of health to enforce Chapters 3703., 3718.,	2373
and 3781. of the Revised Code.	2374

Sec. 4781.07. (A) Pursuant to rules the manufactured homes	2375
commission adopts, the commission may certify municipal, township,	2376
and county building departments and the personnel of those	2377
departments, ~~licensors as defined in section 3733.01 of the~~	2378
~~Revised Code and the personnel of those licensors,~~ or any private	2379
third party, to exercise the commission's enforcement authority,	2380
accept and approve plans and specifications for foundations,	2381
support systems and installations, and inspect manufactured	2382
housing foundations, support systems, and manufactured housing	2383
installations. Any certification is effective for three years.	2384

(B) Following an investigation and finding of facts that	2385
support its action, the commission may revoke or suspend	2386
certification. The commission may initiate an investigation on its	2387
own motion or the petition of a person affected by the enforcement	2388
or approval of plans.	2389

Sec. 4781.10. (A)(1) The manufactured homes commission may	2390
establish programs and requirements for continuing education for	2391
manufactured housing installers. The commission shall not require	2392
licensees to complete more than eight credit hours of continuing	2393
education during each license period. If the commission	2394
establishes a program of continuing education, it shall require	2395
that only courses that the commission preapproves be accepted for	2396
licensure credit, and unless an extension is granted pursuant to	2397
division (D) of this section, that all credit hours be	2398
successfully completed prior to the expiration of the installer's	2399
license.	2400

(2) The manufactured homes commission shall establish by rule	2401
programs of continuing education for manufactured home park	2402
operators and shall approve by rule any courses offered through	2403
those programs. The rules the commission adopts shall specify that	2404
the courses shall be developed by the Ohio manufactured homes	2405
association in consultation with the association of manufactured	2406
home residents of Ohio, or any other entity the commission	2407
designates by rule. The courses shall be designed to fulfill the	2408
license renewal requirements of section 3733.03 of the Revised	2409
Code of eight hours of continuing education and shall be presented	2410
by the Ohio manufactured homes association, or any other entity	2411
the commission designates by rule, as the course provider.	2412
Certified completion of the course shall fulfill the continuing	2413
education requirement of license renewal.	2414

(B) To provide the resources to administer continuing	2415
education programs, the commission may establish nonrefundable	2416
fees, including any of the following:	2417

(1) An application fee not to exceed one hundred fifty	2418
dollars charged to the sponsor of each proposed course;	2419

(2) A renewal fee not to exceed seventy-five dollars, charged	2420
to the sponsor of each course, for the annual renewal of course	2421
approval;	2422

(3) A course fee charged to the sponsor of each course	2423
offered, not to exceed five dollars per credit hour, for each	2424
person completing an approved course;	2425

(4) A student fee charged to licensees, not to exceed fifty	2426
dollars, for each course or activity a student submits to the	2427
commission for approval.	2428

(C) The commission may adopt reasonable rules not	2429
inconsistent with this chapter to carry out any continuing	2430
education program, including rules that govern the following:	2431

(1) The content and subject matter of continuing education	2432
courses;	2433

(2) The criteria, standards, and procedures for the approval	2434
of courses, course sponsors, and course instructors;	2435

(3) The methods of instruction;

2436

(4) The computation of course credit;

2437

(5) The ability to carry forward course credit from one year	2438
to another;	2439

(6) Conditions under which the commission may grant a waiver	2440
or variance from continuing education requirements on the basis of	2441
hardship or other reasons;	2442

(7) Procedures for compliance with the continuing education	2443
requirements and sanctions for noncompliance.	2444

(D) The commission shall not renew the license of any person	2445
who fails to satisfy any continuing education requirement that the	2446
commission establishes. The commission may, for good cause, grant	2447
an extension of time to comply with the continuing education	2448
requirements. Any installer who is granted an extension and	2449
completes the continuing education requirements within the time	2450
the commission establishes is deemed in compliance with the	2451
education requirements. The license of any person who is granted	2452
an extension shall remain in effect during the period of the	2453
extension.	2454

Sec. 4781.121. (A) The manufactured homes commission,	2455
pursuant to section 4781.04 of the Revised Code, may investigate	2456
any person who allegedly has committed a violation. If, after an	2457
investigation the commission determines that reasonable evidence	2458
exists that a person has committed a violation, within seven days	2459
after that determination, the commission shall send a written	2460
notice to that person in the same manner as prescribed in section	2461
119.07 of the Revised Code for licensees, except that the notice	2462
shall specify that a hearing will be held and specify the date,	2463
time, and place of the hearing.	2464

(B) The commission shall hold a hearing regarding the alleged	2465
violation in the same manner prescribed for an adjudication	2466
hearing under section 119.09 of the Revised Code. If the	2467
commission, after the hearing, determines that a violation has	2468
occurred, the commission, upon an affirmative vote of five of its	2469
members, may impose a fine not exceeding one thousand dollars per	2470
violation per day. The commission's determination is an order that	2471
the person may appeal in accordance with section 119.12 of the	2472
Revised Code.	2473

(C) If the person who allegedly committed a violation fails	2474
to appear for a hearing, the commission may request the court of	2475
common pleas of the county where the alleged violation occurred to	2476
compel the person to appear before the commission for a hearing.	2477

(D) If the commission assesses a person a civil penalty for a	2478
violation and the person fails to pay that civil penalty within	2479
the time period prescribed by the commission pursuant to section	2480
131.02 of the Revised Code, the commission shall forward to the	2481
attorney general the name of the person and the amount of the	2482
civil penalty for the purpose of collecting that civil penalty. In	2483
addition to the civil penalty assessed pursuant to this section,	2484
the person also shall pay any fee assessed by the attorney general	2485
for collection of the civil penalty.	2486

(E) The authority provided to the commission pursuant to this	2487
section, and any fine imposed under this section, shall be in	2488
addition to, and not in lieu of, all penalties and other remedies	2489
provided in this chapter. Any fines collected pursuant to this	2490
section shall be used solely to administer and enforce this	2491
chapter and rules adopted under it.	2492

(F) As used in this section, "violation" means a violation of	2493
section 4781.11, 4781.16, or 4781.27, or any rule adopted pursuant	2494
to section 4781.04, of the Revised Code.	2495

Sec. 4781.14. (A) ~~Except as provided in division (A)(3) of~~	2496
~~section 3733.02 of the Revised Code, the state, through the~~The	2497
manufactured homes commission, has exclusive authority to regulate	2498
manufactured home installers, the installation of manufactured	2499
housing, and manufactured housing foundations and support systems	2500
in ~~the~~this state. By enacting this chapter, it is the intent of	2501
the general assembly to preempt municipal corporations and other	2502
political subdivisions from regulating and licensing manufactured	2503
housing installers and regulating and inspecting the installation	2504
of manufactured housing and manufactured housing foundations and	2505
support systems.	2506

(B) ~~Except as provided in division (A)(3) of section 3733.02~~	2507
~~of the Revised Code, the~~The manufactured homes commission has	2508
exclusive power to adopt rules of uniform application throughout	2509
the state governing installation of manufactured housing, the	2510
inspection of manufactured housing foundations and support	2511
systems, the inspection of the installation of manufactured	2512
housing, the training and licensing of manufactured housing	2513
installers, and the investigation of complaints concerning	2514
manufactured housing installers.	2515

(C) ~~Except as provided in division (A)(3) of section 3733.02~~	2516
~~of the Revised Code, the~~The rules the commission adopts pursuant	2517
to this chapter are the exclusive rules governing the installation	2518
of manufactured housing, the design, construction, and approval of	2519
foundations for manufactured housing, the licensure of	2520
manufactured home installers, and the fees charged for licensure	2521
of manufactured home installers. No political subdivision of the	2522
state or any department or agency of the state may establish any	2523
other standards governing the installation of manufactured	2524
housing, manufactured housing foundations and support systems, the	2525
licensure of manufactured housing installers, or fees charged for	2526
the licensure of manufactured housing installers.	2527

(D) Nothing in this section limits the authority of the	2528
attorney general to enforce Chapter 1345. of the Revised Code or	2529
to take any action permitted by the Revised Code against	2530
manufactured housing installers, retailers, or manufacturers.	2531

Sec. 4781.15. The remedies in ~~sections 4781.01 to 4781.14 of~~	2532
~~the Revised Code~~this chapter are in addition to remedies	2533
otherwise available for the same conduct under state or local law.	2534

~~Sec. 3733.02.~~ Sec. 4781.26. (A)~~(1)~~ The ~~public health council~~	2535
manufactured homes commission, subject to Chapter 119. of the	2536
Revised Code, shall adopt, and has the exclusive power to adopt,	2537
rules of uniform application throughout the state governing the	2538
review of plans, issuance of flood plain management permits, and	2539
issuance of licenses for manufactured home parks; the location,	2540
layout, density, construction, drainage, sanitation, safety, and	2541
operation of those parks; and notices of flood events concerning,	2542
and flood protection at, those parks. The rules pertaining to	2543
flood plain management shall be consistent with and not less	2544
stringent than the flood plain management criteria of the national	2545
flood insurance program adopted under the "National Flood	2546
Insurance Act of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as	2547
amended. The rules shall not apply to the construction, erection,	2548
or manufacture of any building to which section 3781.06 of the	2549
Revised Code is applicable.	2550

~~(2)~~(B) The rules pertaining to manufactured home parks	2551
constructed after June 30, 1971, shall specify that each home must	2552
be placed on its lot to provide not less than fifteen feet between	2553
the side of one home and the side of another home, ten feet	2554
between the end of one home and the side of another home, and five	2555
feet between the ends of two homes placed end to end.	2556

~~(3)~~(C) The manufactured homes commission shall determine	2557
compliance with the installation, blocking, tiedown, foundation,	2558
and base support system standards for manufactured housing located	2559
in manufactured home parks adopted by the commission pursuant to	2560
section 4781.04 of the Revised Code. All inspections of the	2561
installation, blocking, tiedown, foundation, and base support	2562
systems of manufactured housing in a manufactured home park that	2563
the ~~department of health or a licensor~~commission conducts shall	2564
be conducted by a person ~~who has completed an installation~~	2565
~~training course approved by~~ the manufactured homes commission	2566
certifies pursuant to ~~division (B)(12) of~~ section ~~4781.04~~4781.07	2567
of the Revised Code.	2568

~~As used in division (A)(3) of this section, "manufactured~~	2569
~~housing" has the same meaning as in section 4781.01 of the Revised~~	2570
~~Code.~~	2571

~~(B) The public health council, in accordance with Chapter~~	2572
~~119. of the Revised Code, shall adopt rules of uniform application~~	2573
~~throughout the state establishing requirements and procedures in~~	2574
~~accordance with which the director of health may authorize~~	2575
~~licensors for the purposes of sections 3733.022 and 3733.025 of~~	2576
~~the Revised Code. The rules shall include at least provisions~~	2577
~~under which a licensor may enter into contracts for the purpose of~~	2578
~~fulfilling the licensor's responsibilities under either or both of~~	2579
~~those sections.~~	2580

~~Sec. 3733.03.~~ Sec. 4781.27. (A)(1) On or after the first day of	2581
December, but before the first day of January of the next year,	2582
every person who intends to operate a manufactured home park shall	2583
procure a license to operate the park for the next year from the	2584
~~licensor~~manufactured homes commission. If the applicable license	2585
fee prescribed under section ~~3733.04~~4781.28 of the Revised Code	2586
is not received by the ~~licensor~~commission by the close of	2587
business on the last day of December, the applicant for the	2588
license shall pay a penalty equal to twenty-five per cent of the	2589
applicable license fee. The penalty shall accompany the license	2590
fee. If the last day of December is not a business day, the	2591
penalty attaches upon the close of business on the next business	2592
day.	2593

(2) No manufactured home park shall be maintained or operated	2594
in this state without a license.	2595

(3) No person who has received a license, upon the sale or	2596
disposition of the manufactured home park, may have the license	2597
transferred to the new operator. A person shall obtain a separate	2598
license to operate each manufactured home park.	2599

(B) Before a license is initially issued and annually	2600
thereafter, or more often if necessary, the ~~licensor~~commission	2601
shall cause each manufactured home park to be inspected ~~relative~~	2602
tofor compliance with sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	2603
of the Revised Code and the rules adopted under those sections. A	2604
record shall be made of each inspection on a form prescribed by	2605
the ~~director of health~~commission.	2606

(C) Each person applying for an initial license to operate a	2607
manufactured home park shall provide acceptable proof to the	2608
~~director~~ commission that adequate fire protection will be	2609
provided and that applicable fire codes will be adhered to in the	2610
construction and operation of the park.	2611

(D) The commission shall not renew a license to operate a	2612
manufactured home park unless the licensee has completed an	2613
average of at least eight hours of continuing education courses	2614
per year since the prior renewal or, if an initial license is	2615
being renewed, since the issuance of that license. The commission	2616
shall not accept any course in fulfillment of this requirement	2617
unless the manufactured homes commission has approved that course	2618
for credit under section 4781.10 of the Revised Code.	2619

~~Sec. 3733.04.~~ Sec. 4781.28. The ~~licensor of a manufactured home~~	2620
~~park~~manufactured homes commission may charge a fee for an annual	2621
license to operate ~~such~~ a manufactured home park. The fee for a	2622
license shall be determined in accordance with section ~~3709.09~~	2623
4781.26 of the Revised Code and shall include the cost of	2624
licensing and all inspections.	2625

~~The fee also shall include any additional amount determined~~	2626
~~by rule of the public health council, which shall be collected and~~	2627
~~transmitted by the board of health to the director of health~~	2628
~~pursuant to section 3709.092 of the Revised Code and used only for~~	2629
~~the purpose of administering and enforcing sections 3733.01 to~~	2630
~~3733.08 of the Revised Code and the rules adopted under those~~	2631
~~sections. The portion of any fee retained by the board of health~~	2632
Any fees collected shall be ~~paid into a special fund~~transmitted	2633
to the treasurer of state and shall be credited to the	2634
manufactured homes commission regulatory fund created in section	2635
4781.54 of the Revised Code and used only for the purpose of	2636
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	2637
4781.35 of the Revised Code and the rules adopted thereunder.	2638

~~Sec. 3733.05.~~ Sec. 4781.29. The ~~licensor of the health district in~~	2639
~~which a manufactured home park is or is to be located, in~~	2640
~~accordance with Chapter 119. of the Revised Code,~~manufactured	2641
homes commission may refuse to grant, may suspend, or may revoke	2642
any license granted to any person for failure to comply with	2643
sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or	2644
with any rule adopted ~~by the public health council~~ under section	2645
~~3733.02~~4781.26 of the Revised Code.	2646

~~Sec. 3733.06.~~ Sec. 4781.30. (A) Upon a license being issued under	2647
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code,	2648
any operator shall have the right to rent or use each lot for the	2649
parking or placement of a manufactured home or mobile home to be	2650
used for human habitation without interruption for any period	2651
coextensive with any license or consecutive licenses issued under	2652
sections ~~3733.03~~4781.27 to ~~3733.05~~4781.29 of the Revised Code.	2653

(B) No operator of a manufactured home park shall sell	2654
individual lots in a park for eight years following the issuance	2655
of the initial license for the park unless, at the time of sale,	2656
the park fulfills all platting and subdivision requirements	2657
established by the political subdivision in which the park is	2658
located, or the political subdivision has entered into an	2659
agreement with the operator regarding platting and subdivision	2660
requirements and the operator has fulfilled the terms of that	2661
agreement.	2662

~~Sec. 3733.021.~~ Sec. 4781.31. (A) No person shall cause development	2663
to occur within any portion of a manufactured home park until the	2664
plans for the development have been submitted to and reviewed and	2665
approved by the ~~director of health~~manufactured homes commission.	2666
This division does not require that plans be submitted to the	2667
~~director~~commission for approval for the replacement of	2668
manufactured or mobile homes on previously approved lots in a	2669
manufactured home park when no development is to occur in	2670
connection with the replacement. Within thirty days after receipt	2671
of the plans, all supporting documents and materials required to	2672
complete the review, and the applicable plan review fee	2673
established under division (D) of this section, the ~~director~~	2674
commission shall approve or disapprove the plans.	2675

(B) Any person aggrieved by the ~~director's~~commission's	2676
disapproval of a set of plans under division (A) of this section	2677
may request a hearing on the matter within thirty days after	2678
receipt of the ~~director's~~commission's notice of the disapproval.	2679
The hearing shall be held in accordance with Chapter 119. of the	2680
Revised Code. Thereafter, the disapproval may be appealed in the	2681
manner provided in section 119.12 of the Revised Code.	2682

(C) The ~~director~~commission shall establish a system by which	2683
development occurring within a manufactured home park is inspected	2684
or verified in accordance with rules adopted under ~~division (A) of~~	2685
section ~~3733.02~~4781.26 of the Revised Code to ensure that the	2686
development complies with the plans approved under division (A) of	2687
this section.	2688

(D) The ~~public health council~~commission shall establish fees	2689
for reviewing plans under division (A) of this section and	2690
conducting inspections under division (C) of this section.	2691

(E) The ~~director~~commission shall charge the appropriate fees	2692
established under division (D) of this section for reviewing plans	2693
under division (A) of this section and conducting inspections	2694
under division (C) of this section. All such plan review and	2695
inspection fees received by the ~~director~~commission shall be	2696
transmitted to the treasurer of state and shall be credited to the	2697
~~general operations~~occupational licensing and regulatory fund	2698
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	2699
credited to the fund shall be used only for the purpose of	2700
administering and enforcing sections ~~3733.01~~4781.26 to ~~3733.08~~	2701
4781.35 of the Revised Code and rules adopted under those	2702
sections.	2703

(F) Plan approvals issued under this section do not	2704
constitute an exemption from the land use and building	2705
requirements of the political subdivision in which the	2706
manufactured home park is or is to be located.	2707

~~Sec. 3733.022.~~ Sec. 4781.32. (A) No person shall cause development	2708
to occur or cause the replacement of a mobile or manufactured home	2709
within any portion of a manufactured home park that is located	2710
within a one-hundred-year flood plain unless the person first	2711
obtains a permit from the ~~director of health or a licensor~~	2712
~~authorized by the director~~manufactured homes commission. If the	2713
development for which a permit is required under this division is	2714
to occur on a lot where a mobile or manufactured home is or is to	2715
be located, the owner of the home and the operator of the	2716
manufactured home park shall jointly obtain the permit. Each of	2717
the persons to whom a permit is jointly issued is responsible for	2718
compliance with the provisions of the approved permit that are	2719
applicable to that person.	2720

The ~~director or a licensor authorized by the director~~	2721
commission shall disapprove an application for a permit required	2722
under this division unless the ~~director or the licensor~~commission	2723
finds that the proposed development or replacement of a mobile or	2724
manufactured home complies with the rules adopted under ~~division~~	2725
~~(A) of~~ section ~~3733.02~~4781.26 of the Revised Code. No permit is	2726
required under this division for the construction, erection, or	2727
manufacture of any building to which section 3781.06 of the	2728
Revised Code applies.	2729

The ~~director or a licensor authorized by the director~~	2730
commission may suspend or revoke a permit issued under this	2731
division for failure to comply with the rules adopted under	2732
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	2733
pertaining to flood plain management or for failure to comply with	2734
the approved permit.	2735

Any person aggrieved by the disapproval, suspension, or	2736
revocation of a permit under this division by the ~~director or by a~~	2737
~~licensor authorized by the director~~commission may request a	2738
hearing on the matter within thirty days after receipt of the	2739
notice of the disapproval, suspension, or revocation. The hearing	2740
shall be held in accordance with Chapter 119. of the Revised Code.	2741
Thereafter, an appeal of the disapproval, suspension, or	2742
revocation may be taken in the manner provided in section 119.12	2743
of the Revised Code.	2744

(B) The ~~public health council~~commission shall establish fees	2745
for the issuance of permits under division (A) of this section and	2746
for necessary inspections conducted to determine compliance with	2747
those permits.	2748

(C) The ~~director or a licensor authorized by the director~~	2749
commission shall charge the appropriate fee established under	2750
division (B) of this section for the issuance of a permit under	2751
division (A) of this section or for conducting any necessary	2752
inspection to determine compliance with the permit. If the	2753
~~director~~commission issues such a permit or conducts such an	2754
inspection, the fee for the permit or inspection shall be	2755
transmitted to the treasurer of state and shall be credited to the	2756
~~general operations~~occupational licensing and regulatory fund	2757
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	2758
credited to the fund shall be used ~~by the director~~ only for the	2759
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	2760
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	2761
sections. ~~If the licensor is a board of health, the permit or~~	2762
~~inspection fee shall be deposited to the credit of the special~~	2763
~~fund of the health district created in section 3733.04 of the~~	2764
~~Revised Code and shall be used only for the purpose set forth in~~	2765
~~that section.~~	2766

~~Sec. 3733.024.~~ Sec. 4781.33. ~~(A)~~ When a flood event affects a	2767
manufactured home park, the operator of the manufactured home	2768
park, in accordance with rules adopted under ~~division (A) of~~	2769
section ~~3733.02~~4781.26 of the Revised Code, shall notify the	2770
~~licensor having jurisdiction of the occurrence of~~manufactured	2771
homes commission and the board of health having jurisdiction where	2772
the flood event occurred within forty-eight hours after the end of	2773
the flood event. The commission, after receiving notification,	2774
shall immediately notify the board of health.	2775

~~No person shall fail to comply with this division.~~

2776

~~(B) The licensor having jurisdiction where a flood event~~	2777
~~occurred that affected a manufactured home park shall notify the~~	2778
~~director of health of the occurrence of the flood event within~~	2779
~~twenty-four hours after being notified of the flood event under~~	2780
~~division (A) of this section. Within forty-eight hours after~~After	2781
being notified of such a flood event ~~by a licensor~~, the ~~director~~	2782
board of health shall cause an inspection to be made of the	2783
manufactured home park named in the notice.	2784

~~Sec. 3733.025.~~ Sec. 4781.34. (A) If a mobile or manufactured home	2785
that is located in a flood plain is substantially damaged, the	2786
owner of the home shall make all alterations, repairs, or changes	2787
to the home, and the operator of the manufactured home park shall	2788
make all alterations, repairs, or changes to the lot on which the	2789
home is located, that are necessary to ensure compliance with the	2790
flood plain management rules adopted under ~~division (A) of~~ section	2791
~~3733.02~~4781.26 of the Revised Code. Such alterations, repairs, or	2792
changes may include, without limitation, removal of the home or	2793
other structures.	2794

No person shall fail to comply with this division.

2795

(B) No person shall cause to be performed any alteration,	2796
repair, or change required by division (A) of this section unless	2797
the person first obtains a permit from the ~~director of health or a~~	2798
~~licensor authorized by the director~~manufactured homes commission.	2799
The owner of the home and the operator of the manufactured home	2800
park shall jointly obtain the permit required by this division.	2801
Each of the persons to whom a permit is jointly issued is	2802
responsible for compliance with the provisions of the approved	2803
permit that are applicable to that person.	2804

The ~~director or a licensor authorized by the director~~	2805
commission shall disapprove an application for a permit required	2806
under this division unless the ~~director or the licensor~~commission	2807
finds that the proposed alteration, repair, or change complies	2808
with the rules adopted under ~~division (A) of~~ section ~~3733.02~~	2809
4781.26 of the Revised Code. No permit is required under this	2810
division for the construction, erection, or manufacture of any	2811
building to which section 3781.06 of the Revised Code applies.	2812

The ~~director or a licensor authorized by the director~~	2813
commission may suspend or revoke a permit issued under this	2814
division for failure to comply with the rules adopted under	2815
~~division (A) of~~ section ~~3733.02~~4781.26 of the Revised Code	2816
pertaining to flood plain management or for failure to comply with	2817
the approved permit.	2818

Any person aggrieved by the disapproval, suspension, or	2819
revocation of a permit under this division by the ~~director or by a~~	2820
~~licensor authorized by the director~~commission may request a	2821
hearing on the matter within thirty days after receipt of the	2822
notice of the disapproval, suspension, or revocation. The hearing	2823
shall be held in accordance with Chapter 119. of the Revised Code.	2824
Thereafter, an appeal of the disapproval, suspension, or	2825
revocation may be taken in the manner provided in section 119.12	2826
of the Revised Code and for necessary inspections conducted to	2827
determine compliance with those permits.	2828

(C) The ~~public health council~~commission shall establish fees	2829
for the issuance of permits under division (B) of this section and	2830
for necessary inspections conducted to determine compliance with	2831
those permits.	2832

(D) The ~~director or a licensor authorized by the director~~	2833
commission shall charge the appropriate fee established under	2834
division (C) of this section for the issuance of a permit under	2835
division (B) of this section or for conducting any necessary	2836
inspection to determine compliance with the permit. If the	2837
~~director~~commission issues such a permit or conducts such an	2838
inspection, the fee for the permit or inspection shall be	2839
transmitted to the treasurer of state and shall be credited to the	2840
~~general operations~~occupational licensing and regulatory fund	2841
created in section ~~3701.83~~4743.05 of the Revised Code. Moneys so	2842
credited to the fund shall be used ~~by the director~~ only for the	2843
purpose of administering and enforcing sections ~~3733.01~~4781.26 to	2844
~~3733.08~~4781.35 of the Revised Code and rules adopted under those	2845
sections. ~~If the licensor is a board of health, the permit or~~	2846
~~inspection fee shall be deposited to the credit of the special~~	2847
~~fund of the health district created in section 3733.04 of the~~	2848
~~Revised Code and shall be used only for the purpose set forth in~~	2849
~~that section.~~	2850

~~Sec. 3733.08.~~ Sec. 4781.35. (A) No person shall violate sections	2851
~~3733.01~~4781.26 to ~~3733.08~~4781.35 of the Revised Code or the	2852
rules adopted thereunder.	2853

(B) The prosecuting attorney of the county, the city director	2854
of law, or the attorney general, upon complaint of the ~~licensor or~~	2855
~~the director of health~~manufactured homes commission, shall	2856
prosecute to termination or bring an action for injunction against	2857
any person violating sections ~~3733.01~~4781.26 to ~~3733.08~~4781.35	2858
of the Revised Code or the rules adopted thereunder.	2859

~~Sec. 3733.09.~~ Sec. 4781.36. (A) Subject to section ~~3733.091~~	2860
4781.37 of the Revised Code, a park operator shall not retaliate	2861
against a resident by increasing the resident's rent, decreasing	2862
services that are due to the resident, refusing to renew or	2863
threatening to refuse to renew the rental agreement with the	2864
resident, or bringing or threatening to bring an action for	2865
possession of the resident's premises because:	2866

(1) The resident has complained to an appropriate	2867
governmental agency of a violation of a building, housing, health,	2868
or safety code that is applicable to the premises, and the	2869
violation materially affects health and safety;	2870

(2) The resident has complained to the park operator of any	2871
violation of section ~~3733.10~~4781.38 of the Revised Code;	2872

(3) The resident joined with other residents for the purpose	2873
of negotiating or dealing collectively with the park operator on	2874
any of the terms and conditions of a rental agreement.	2875

(B) If a park operator acts in violation of division (A) of	2876
this section, the resident may:	2877

(1) Use the retaliatory action of the park operator as a	2878
defense to an action by the park operator to recover possession of	2879
the premises;	2880

(2) Recover possession of the premises;

2881

(3) Terminate the rental agreement.

2882

In addition, the resident may recover from the park operator	2883
any actual damages together with reasonable attorneys fees.	2884

(C) Nothing in division (A) of this section prohibits a park	2885
operator from increasing the rent to reflect the cost of	2886
improvements installed by the park operator in or about the	2887
premises or to reflect an increase in other costs of operation of	2888
the premises.	2889

~~Sec. 3733.091.~~ Sec. 4781.37. (A) Notwithstanding section ~~3733.09~~	2890
4781.36 of the Revised Code, a park operator may bring an action	2891
under Chapter 1923. of the Revised Code for possession of the	2892
premises if any of the following applies:	2893

(1) The resident is in default in the payment of rent.

2894

(2) The violation of the applicable building, housing,	2895
health, or safety code that the resident complained of was	2896
primarily caused by any act or lack of reasonable care by the	2897
resident, by any other person in the resident's household, or by	2898
anyone on the premises with the consent of the resident.	2899

(3) The resident is holding over the resident's term.

2900

(4) The resident is in violation of rules of the ~~public~~	2901
~~health council~~manufactured homes commission adopted pursuant to	2902
section ~~3733.02~~4781.26 of the Revised Code or rules of the	2903
manufactured home park adopted pursuant to the rules of the ~~public~~	2904
~~health council~~manufactured homes commission.	2905

(5) The resident has been absent from the manufactured home	2906
park for a period of thirty consecutive days prior to the	2907
commencement of the action, and the resident's manufactured home,	2908
mobile home, or recreational vehicle parked in the manufactured	2909
home park has been left unoccupied for that thirty-day period,	2910
without notice to the park operator and without payment of rent	2911
due under the rental agreement.	2912

(B) The maintenance of an action by the park operator under	2913
this section does not prevent the resident from recovering damages	2914
for any violation by the park operator of the rental agreement or	2915
of section ~~3733.10~~4781.38 of the Revised Code.	2916

~~Sec. 3733.10.~~ Sec. 4781.38. (A) A park operator who is a party to	2917
a rental agreement shall:	2918

(1) Comply with the requirements of all applicable building,	2919
housing, health, and safety codes which materially affect health	2920
and safety, and comply with rules of the ~~public health council~~	2921
manufactured homes commission;	2922

(2) Make all repairs and do whatever is reasonably necessary	2923
to put and keep the premises in a fit and habitable condition;	2924

(3) Keep all common areas of the premises in a safe and	2925
sanitary condition;	2926

(4) Maintain in good and safe working order and condition all	2927
electrical and plumbing fixtures and appliances, and septic	2928
systems, sanitary and storm sewers, refuse receptacles, and well	2929
and water systems that are supplied or required to be supplied by	2930
~~him~~the park operator;	2931

(5) Not abuse the right of access conferred by division (B)	2932
of section ~~3733.101~~4781.39 of the Revised Code;	2933

(6) Except in the case of emergency or if it is impracticable	2934
to do so, give the resident reasonable notice of ~~his~~the park	2935
operator's intent to enter onto the residential premises and enter	2936
only at reasonable times. Twenty-four hours' notice shall be	2937
presumed to be a reasonable notice in the absence of evidence to	2938
the contrary.	2939

(B) If the park operator violates any provision of this	2940
section, makes a lawful entry onto the residential premises in an	2941
unreasonable manner, or makes repeated demands for entry otherwise	2942
lawful which demands have the effect of harassing the resident,	2943
the resident may recover actual damages resulting from the	2944
violation, entry, or demands and injunctive relief to prevent the	2945
recurrence of the conduct, and if hethe resident obtains a	2946
judgment, reasonable attorneys' fees, or terminate the rental	2947
agreement.	2948

~~Sec. 3733.101.~~ Sec. 4781.39. (A) A resident who is a party to a	2949
rental agreement shall:	2950

(1) Keep that part of the premises that the resident occupies	2951
and uses safe and sanitary;	2952

(2) Dispose of all rubbish, garbage, and other waste in a	2953
clean, safe, and sanitary manner;	2954

(3) Comply with the requirements imposed on residents by all	2955
applicable state and local housing, health, and safety codes,	2956
rules of the ~~public health council~~manufactured homes commission,	2957
and rules of the manufactured home park;	2958

(4) Personally refrain, and forbid any other person who is on	2959
the premises with the resident's permission, from intentionally or	2960
negligently destroying, defacing, damaging, or removing any	2961
fixture, appliance, or other part of the residential premises;	2962

(5) Conduct self and require other persons on the premises	2963
with the resident's consent to conduct themselves in a manner that	2964
will not disturb the resident's neighbors' peaceful enjoyment of	2965
the manufactured home park.	2966

(B) The resident shall not unreasonably withhold consent for	2967
the park operator to enter the home to inspect utility	2968
connections, or enter onto the premises in order to inspect the	2969
premises, make ordinary, necessary, or agreed repairs,	2970
decorations, alterations, or improvements, deliver parcels which	2971
are too large for the resident's mail facilities, or supply	2972
necessary or agreed services.	2973

(C) If the resident violates any provision of this section,	2974
the park operator may recover any actual damages which result from	2975
the violation and reasonable attorneys' fees. This remedy is in	2976
addition to any right of the park operator to terminate the rental	2977
agreement, to maintain an action for the possession of the	2978
premises, or injunctive relief to compel access under division (B)	2979
of this section.	2980

~~Sec. 3733.12.~~ Sec. 4781.41. (A) If a park operator fails to	2981
fulfill any obligation imposed upon ~~him~~the park operator by	2982
section ~~3733.10~~4781.38 of the Revised Code or by the rental	2983
agreement, or the conditions of the premises are such that the	2984
resident reasonably believes that a park operator has failed to	2985
fulfill any such obligations, or a governmental agency has found	2986
that the premises are not in compliance with building, housing,	2987
health, or safety codes which apply to any condition of the	2988
residential premises that could materially affect the health and	2989
safety of an occupant, the resident may give notice in writing to	2990
the park operator specifying the acts, omissions, or code	2991
violations that constitute noncompliance with such provisions. The	2992
notice shall be sent to the person or place where rent is normally	2993
paid.	2994

(B) If a park operator receives the notice described in	2995
division (A) of this section and after receipt of the notice fails	2996
to remedy the condition within a reasonable time, considering the	2997
severity of the condition and the time necessary to remedy such	2998
condition, or within thirty days, whichever is sooner, and if the	2999
resident is current in rent payments due under the rental	3000
agreement, the resident may do one of the following:	3001

(1) Deposit all rent that is due and thereafter becomes due	3002
the park operator with the clerk of court of the municipal or	3003
county court having jurisdiction in the territory in which the	3004
residential premises are located;	3005

(2) Apply to the court for an order directing the park	3006
operator to remedy the condition. As part thereof, the resident	3007
may deposit rent pursuant to division (B)(1) of this section, and	3008
may apply for an order reducing the periodic rent due the park	3009
operator until such time as the park operator does remedy the	3010
condition, and may apply for an order to use the rent deposited to	3011
remedy the condition. In any order issued pursuant to this	3012
division, the court may require the resident to deposit rent with	3013
the clerk of court as provided in division (B)(1) of this section.	3014

~~Sec. 3733.121.~~ Sec. 4781.42. (A) Whenever a resident deposits rent	3015
with the clerk of a court as provided in section ~~3733.12~~4781.41	3016
of the Revised Code, the clerk shall give written notice of this	3017
fact to the park operator and to ~~his~~the park operator's agent, if	3018
any.	3019

(B) The clerk shall place all rent deposited with ~~him~~the	3020
clerk in a separate rent escrow account in the name of the clerk	3021
in a bank or building and loan association domiciled in this	3022
state.	3023

(C) The clerk shall keep in a separate docket an account of	3024
each deposit, with the name and address of the resident, and the	3025
name and address of the park operator and of ~~his~~the park	3026
operator's agent, if any.	3027

(D) For ~~his~~the clerk's costs, the clerk may charge a fee of	3028
one per cent of the amount of the rent deposited, which shall be	3029
assessed as court costs.	3030

(E) All interest that has accrued on the rent deposited by	3031
the clerk of a county court under division (B) of this section	3032
shall be paid into the treasury of the political subdivision for	3033
which the clerk performs ~~his~~the clerk's duties. All interest that	3034
has accrued on the rent deposited by the clerk of a municipal	3035
court under division (B) of this section shall be paid into the	3036
city treasury as defined in division (B) of section 1901.03 of the	3037
Revised Code.	3038

~~Sec. 3733.122.~~ Sec. 4781.43. (A) A park operator who receives	3039
notice that rent due ~~him~~the park operator has been deposited with	3040
a clerk of court pursuant to section ~~3733.12~~4781.41 of the	3041
Revised Code, may:	3042

(1) Apply to the clerk of court for release of the rent on	3043
the ground that the condition contained in the notice given	3044
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	3045
Code has been remedied. The clerk shall forthwith release the	3046
rent, less costs, to the park operator if the resident gives	3047
written notice to the clerk that the condition has been remedied.	3048

(2) Apply to the court for release of the rent on the grounds	3049
that the resident did not comply with the notice requirement of	3050
division (A) of section ~~3733.12~~4781.41 of the Revised Code, or	3051
that the resident was not current in rent payments due under the	3052
rental agreement at the time the resident initiated rent deposits	3053
with the clerk of courts under division (B)(1) of section ~~3733.12~~	3054
4781.41 of the Revised Code;	3055

(3) Apply to the court for release of the rent on the grounds	3056
that there was no violation of any obligation imposed upon the	3057
park operator by section ~~3733.10~~4781.38 of the Revised Code or by	3058
the rental agreement, or by any building, housing, health, or	3059
safety code, or that the condition contained in the notice given	3060
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	3061
Code has been remedied.	3062

(B) The resident shall be named as a party to any action	3063
filed by the park operator under this section, and shall have the	3064
right to file an answer and counterclaim, as in other civil cases.	3065
A trial shall be held within sixty days of the date of filing of	3066
the park operator's complaint, unless for good cause shown the	3067
court grants a continuance.	3068

(C) If the court finds that there was no violation of any	3069
obligation imposed upon the park operator by section ~~3733.10~~	3070
4781.38 of the Revised Code or by the rental agreement, or by any	3071
building, housing, health, or safety code, or that the condition	3072
contained in the notice given pursuant to division (A) of section	3073
~~3733.12~~4781.41 of the Revised Code has been remedied, or that the	3074
resident did not comply with the notice requirement of division	3075
(A) of section ~~3733.12~~4781.41 of the Revised Code, or that the	3076
resident was not current in rent payments at the time the resident	3077
initiated rent deposits with the clerk of court under division	3078
(B)(1) of section ~~3733.12~~4781.41 of the Revised Code, the court	3079
shall order the release to the park operator of rent on deposit	3080
with the clerk, less costs.	3081

(D) If the court finds that the condition contained in the	3082
notice given pursuant to division (A) of section ~~3733.12~~4781.41	3083
of the Revised Code was the result of an act or omission of the	3084
resident, or that the resident intentionally acted in bad faith in	3085
proceeding under section ~~3733.12~~4781.41 of the Revised Code, the	3086
resident shall be liable for damages caused to the park operator,	3087
and for costs, together with reasonable attorneys' fees if the	3088
resident intentionally acted in bad faith.	3089

~~Sec. 3733.123.~~ Sec. 4781.44. (A) If a park operator brings an	3090
action for the release of rent deposited with a clerk of court,	3091
the court may, during the pendency of the action, upon application	3092
of the park operator, release part of the rent on deposit for	3093
payment of the periodic interest on a mortgage on the premises,	3094
the periodic principal payments on a mortgage on the premises, the	3095
insurance premiums for the premises, real estate taxes on the	3096
premises, utility services, repairs, and other customary and usual	3097
costs of operating the premises.	3098

(B) In determining whether to release rent for the payments	3099
described in division (A) of this section, the court shall	3100
consider the amount of rent the park operator receives from other	3101
lots, the cost of operating these lots, and the costs which may be	3102
required to remedy the condition contained in the notice given	3103
pursuant to division (A) of section ~~3733.12~~4781.41 of the Revised	3104
Code.	3105

~~Sec. 3733.13.~~ Sec. 4781.45. If a resident commits a material	3106
violation of the rules of the manufactured home park, of the	3107
~~public health council~~manufactured homes commission, or of	3108
applicable state and local health and safety codes, the park	3109
operator may deliver a written notification of the violation to	3110
the resident. The notification shall contain all of the following:	3111

(A) A description of the violation;

3112

(B) A statement that the rental agreement will terminate upon	3113
a date specified in the written notice not less than thirty days	3114
after receipt of the notice unless the resident remedies the	3115
violation;	3116

(C) A statement that the violation was material and that if a	3117
second material violation of any park or ~~public health council~~	3118
commission rule, or any health and safety code, occurs within six	3119
months after the date of this notice, the rental agreement will	3120
terminate immediately;	3121

(D) A statement that a defense available to termination of	3122
the rental agreement for two material violations of park or ~~public~~	3123
~~health council~~commission rules, or of health and safety codes, is	3124
that the park rule is unreasonable, or that the park or ~~public~~	3125
~~health councilrule~~commission, or health or safety code, is not	3126
being enforced against other manufactured home park residents, or	3127
that the two violations were not willful and not committed in bad	3128
faith.	3129

If the resident remedies the condition described in the	3130
notice, whether by repair, the payment of damages, or otherwise,	3131
the rental agreement shall not terminate. The park operator may	3132
terminate the rental agreement immediately if the resident commits	3133
a second material violation of the park or ~~public health council~~	3134
commission rules, or of applicable state and local health and	3135
safety codes, subject to the defense that the park rule is	3136
unreasonable, that the park or ~~public health council~~commission	3137
rule, or health or safety code, is not being enforced against	3138
other manufactured home park residents, or that the two violations	3139
were not willful and not committed in bad faith.	3140

~~Sec. 3733.14.~~ Sec. 4781.46. In any action under sections ~~3733.09~~	3141
4781.36 to ~~3733.20~~4781.52 of the Revised Code, any party may	3142
recover damages for the breach of contract or the breach of any	3143
duty that is imposed by law.	3144

~~Sec. 3733.15.~~ Sec. 4781.47. (A) No provision of sections ~~3733.09~~	3145
4781.36 to ~~3733.20~~4781.52 of the Revised Code may be modified or	3146
waived by any oral or written agreement except as provided in	3147
division (F) of this section.	3148

(B) No warrant of attorney to confess judgment shall be	3149
recognized in any rental agreement or in any other agreement	3150
between a park operator and resident for the recovery of rent or	3151
damages to the residential premises.	3152

(C) No agreement to pay the park operator's or resident's	3153
attorney fees shall be recognized in any rental agreement for	3154
residential premises or in any other agreement between a park	3155
operator and resident.	3156

(D) No agreement by a resident to the exculpation or	3157
limitation of any liability of the park operator arising under law	3158
or to indemnify the park operator for that liability or its	3159
related costs shall be recognized in any rental agreement or in	3160
any other agreement between a park operator and resident.	3161

(E) A rental agreement, or the assignment, conveyance, trust	3162
deed, or security instrument of the park operator's interest in	3163
the rental agreement may not permit the receipt of rent free of	3164
the obligation to comply with section ~~3733.10~~4781.38 of the	3165
Revised Code.	3166

(F) The park operator may agree to assume responsibility for	3167
fulfilling any duty or obligation imposed on a resident by section	3168
~~3733.101~~4781.39 of the Revised Code.	3169

~~Sec. 3733.16.~~ Sec. 4781.48. (A) If the court as a matter of law	3170
finds a rental agreement, or any clause of it, to have been	3171
unconscionable at the time it was made, it may refuse to enforce	3172
the rental agreement or it may enforce the remainder of the rental	3173
agreement without the unconscionable clause, or it may so limit	3174
the application of any unconscionable clause as to avoid any	3175
unconscionable result.	3176

(B) When it is claimed or appears to the court that the	3177
rental agreement, or any clause of it, may be unconscionable, the	3178
parties shall be afforded a reasonable opportunity to present	3179
evidence as to its setting, purpose, and effect to aid the court	3180
in making the determination.	3181

~~Sec. 3733.17.~~ Sec. 4781.49. (A) No park operator of residential	3182
premises shall initiate any act, including termination of	3183
utilities or services, exclusion from the premises, or threat of	3184
any unlawful act, against a resident, or a resident whose right to	3185
possession has terminated, for the purpose of recovering	3186
possession of residential premises, other than as provided in	3187
Chapters 1923., ~~3733.~~4781., and 5303. of the Revised Code.	3188

(B) No park operator of residential premises shall seize the	3189
furnishings or possessions of a resident, or of a resident whose	3190
right to possession was terminated, for the purpose of recovering	3191
rent payments, other than in accordance with an order issued by a	3192
court of competent jurisdiction.	3193

(C) A park operator who violates this section is liable in a	3194
civil action for all damages caused to a resident, or to a	3195
resident whose right to possession has terminated, together with	3196
reasonable attorneys' fees.	3197

~~Sec. 3733.18.~~ Sec. 4781.50. (A) Any security deposit in excess of	3198
fifty dollars or one month's periodic rent, whichever is greater,	3199
shall bear interest on the excess at the rate of five per cent per	3200
annum if the resident remains in possession of the premises for	3201
six months or more, and shall be computed and paid annually by the	3202
park operator to the resident.	3203

(B) Upon termination of the rental agreement any property or	3204
money held by the park operator as a security deposit may be	3205
applied to the payment of past due rent and to the payment of the	3206
amount of damages that the park operator has suffered by reason of	3207
the resident's noncompliance with section ~~3733.101~~4781.39 of the	3208
Revised Code or the rental agreement. Any deduction from the	3209
security deposit shall be itemized and identified by the park	3210
operator in a written notice delivered to the resident together	3211
with the amount due, within thirty days after termination of the	3212
rental agreement and delivery of possession. The resident shall	3213
provide the park operator in writing with a forwarding address or	3214
new address to which the written notice and amount due from the	3215
park operator may be sent. If the resident fails to provide the	3216
park operator with the forwarding or new address as required, the	3217
resident shall not be entitled to damages or attorneys' fees under	3218
division (C) of this section.	3219

(C) If the park operator fails to comply with division (B) of	3220
this section, the resident may recover the property and money due	3221
~~him~~the resident, together with damages in an amount equal to the	3222
amount wrongfully withheld, and reasonable attorneys' fees.	3223

~~Sec. 3733.19.~~ Sec. 4781.51. (A) Every written rental agreement for	3224
residential premises shall contain the name and address of the	3225
owner of the residential premises and the name and address of the	3226
owner's agent, if any. If the owner or the owner's agent is a	3227
corporation, partnership, limited partnership, association, trust,	3228
or other entity, the address shall be the principal place of	3229
business in the county in which the residential premises are	3230
situated or if there is no place of business in such county then	3231
its principal place of business in this state, and shall include	3232
the name of the person in charge thereof.	3233

(B) If the rental agreement is oral, the park operator, at	3234
the commencement of the term of occupancy, shall deliver to the	3235
resident a written notice containing the information required in	3236
division (A) of this section.	3237

(C) If the park operator fails to provide the notice of the	3238
name and address of the owner and owner's agent, if any, as	3239
required under division (A) or (B) of this section, the notices to	3240
the park operator required under division (A) of sections ~~3733.12~~	3241
4781.41 and ~~3733.121~~4781.42 of the Revised Code are waived by the	3242
park operator and the operator's agent.	3243

(D) Every written rental agreement for residential premises	3244
shall contain the following notice in ten-point boldface type:	3245

"YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK	3246
OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS ~~3733.09~~4781.36 TO	3247
~~3733.20~~4781.52 OF THE REVISED CODE, WHICH REGULATE RENTAL	3248
AGREEMENTS IN MANUFACTURED HOME PARKS."	3249

If the rental agreement is oral, the park operator, at the	3250
commencement of the term of occupancy, shall deliver the notice to	3251
the resident in writing.	3252

~~Sec. 3733.20.~~ Sec. 4781.52. No municipal corporation may adopt or	3253
continue in existence any ordinance and no township may adopt or	3254
continue in existence any resolution that is in conflict with	3255
sections ~~3733.09~~4781.36 to ~~3733.20~~4781.52 of the Revised Code,	3256
or that regulates those rights and obligations of parties to a	3257
rental agreement that are regulated by sections ~~3733.09~~4781.36 to	3258
~~3733.20~~4781.52 of the Revised Code. Sections ~~3733.09~~4781.36 to	3259
~~3733.20~~4781.52 of the Revised Code do not preempt any housing,	3260
building, health, or safety codes of any municipal corporation or	3261
township.	3262

Sec. 4781.54. There is hereby created in the state treasury	3263
the manufactured homes commission regulatory fund. The fund shall	3264
consist of fees paid under section 4781.28 of the Revised Code and	3265
shall be used for the purposes described in that section.	3266

Sec. 4781.60. (A) The manufactured homes commission shall	3267
develop a list comprised of organizations that have an interest in	3268
the sale or purchase of parks and persons that assist in the	3269
financing of manufactured home parks. The list shall include the	3270
Ohio manufactured homes association, the association of	3271
manufactured home residents of Ohio, and any other entity that the	3272
commission identifies as appropriate for inclusion on that list or	3273
that requests inclusion on that list. The commission shall contact	3274
persons on that list when a manufactured home park is offered for	3275
sale, and at any other time at the commission's discretion.	3276

(B) The commission shall adopt rules that establish	3277
relocation expenses that a manufactured home park operator shall	3278
provide to an owner when a manufactured home park is converted or	3279
sold for a use other than as a manufactured home park. The rules	3280
shall specify that the amount of reimbursement shall be the	3281
greater of the actual cost of relocating a home or three thousand	3282
dollars to the owner of a single-wide manufactured or mobile home	3283
or five thousand dollars to the owner of a double-wide or larger	3284
manufactured or mobile home.	3285

Sec. 4781.99. (A) Whoever violates division (A) of section	3286
4781.16 of the Revised Code is guilty of a minor misdemeanor on a	3287
first offense and shall be subject to a mandatory fine of one	3288
hundred dollars. On a second offense, the person is guilty of a	3289
misdemeanor of the first degree and shall be subject to a	3290
mandatory fine of one thousand dollars.	3291

(B) Whoever violates section 4781.20 of the Revised Code is	3292
guilty of a minor misdemeanor.	3293

(C) Whoever violates any of the following is guilty of a	3294
misdemeanor of the fourth degree:	3295

(1) Division (B) or (C) of section 4781.16 of the Revised	3296
Code;	3297

(2) Section 4781.22 of the Revised Code;

3298

(3) Section 4781.23 of the Revised Code;

3299

(4) Division (A) of section 4781.24 of the Revised Code;

3300

(5) Section 4781.25 of the Revised Code;

3301

(6) Division (A) of section 4781.35 of the Revised Code.

3302

Sec. 4905.90. As used in sections 4905.90 to 4905.96 of the	3303
Revised Code:	3304

(A) "Contiguous property" includes, but is not limited to, a	3305
manufactured home park as defined in section ~~3733.01~~4781.01 of	3306
the Revised Code; a public or publicly subsidized housing project;	3307
an apartment complex; a condominium complex; a college or	3308
university; an office complex; a shopping center; a hotel; an	3309
industrial park; and a race track.	3310

(B) "Gas" means natural gas, flammable gas, or gas which is	3311
toxic or corrosive.	3312

(C) "Gathering lines" and the "gathering of gas" have the	3313
same meaning as in the Natural Gas Pipeline Safety Act and the	3314
rules adopted by the United States department of transportation	3315
pursuant to the Natural Gas Pipeline Safety Act, including 49	3316
C.F.R. part 192, as amended.	3317

(D) "Intrastate pipe-line transportation" has the same	3318
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as	3319
amended, but excludes the gathering of gas exempted by the Natural	3320
Gas Pipeline Safety Act.	3321

(E) "Master-meter system" means a pipe-line system that	3322
distributes gas within a contiguous property for which the system	3323
operator purchases gas for resale to consumers, including tenants.	3324
Such pipe-line system supplies consumers who purchase the gas	3325
directly through a meter, or by paying rent, or by other means.	3326
The term includes a master-meter system as defined in 49 C.F.R.	3327
191.3, as amended. The term excludes a pipeline within a	3328
manufactured home, mobile home, or a building.	3329

(F) "Natural Gas Pipeline Safety Act" means the "Natural Gas	3330
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671	3331
et seq., as amended.	3332

(G) "Operator" means any of the following:

3333

(1) A gas company or natural gas company as defined in	3334
section 4905.03 of the Revised Code, except that division (A)(6)	3335
of that section does not authorize the public utilities commission	3336
to relieve any producer of gas, as a gas company or natural gas	3337
company, of compliance with sections 4905.90 to 4905.96 of the	3338
Revised Code or the pipe-line safety code created under section	3339
4905.91 of the Revised Code;	3340

(2) A pipe-line company, as defined in section 4905.03 of	3341
the Revised Code, when engaged in the business of transporting gas	3342
by pipeline;	3343

(3) A public utility that is excepted from the definition of	3344
"public utility" under division (B) or (C) of section 4905.02 of	3345
the Revised Code, when engaged in supplying or transporting gas by	3346
pipeline within this state;	3347

(4) Any person that owns, operates, manages, controls, or	3348
leases any of the following:	3349

(a) Intrastate pipe-line transportation facilities within	3350
this state;	3351

(b) Gas gathering lines within this state which are not	3352
exempted by the Natural Gas Pipeline Safety Act;	3353

3354

"Operator" does not include an ultimate consumer who owns a	3355
service line, as defined in 49 C.F.R. 192.3, as amended, on the	3356
real property of that ultimate consumer.	3357

(H) "Operator of a master-meter system" means a person	3358
described under division (F)(4)(c) of this section. An operator of	3359
a master-meter system is not a public utility under section	3360
4905.02 or a gas or natural gas company under section 4905.03 of	3361
the Revised Code.	3362

(I) "Person" means:

3363

(1) In addition to those defined in division (C) of section	3364
1.59 of the Revised Code, a joint venture or a municipal	3365
corporation;	3366

(2) Any trustee, receiver, assignee, or personal	3367
representative of persons defined in division (H)(1) of this	3368
section.	3369

(J) "Safety audit" means the public utilities commission's	3370
audit of the premises, pipe-line facilities, and the records,	3371
maps, and other relevant documents of a master-meter system to	3372
determine the operator's compliance with sections 4905.90 to	3373
4905.96 of the Revised Code and the pipe-line safety code.	3374

(K) "Safety inspection" means any inspection, survey, or	3375
testing of a master-meter system which is authorized or required	3376
by sections 4905.90 to 4905.96 of the Revised Code and the	3377
pipe-line safety code. The term includes, but is not limited to,	3378
leak surveys, inspection of regulators and critical valves, and	3379
monitoring of cathodic protection systems, where applicable.	3380

(L) "Safety-related condition" means any safety-related	3381
condition defined in 49 C.F.R. 191.23, as amended.	3382

(M) "Total Mcfs of gas it supplied or delivered" means the	3383
sum of the following volumes of gas that an operator supplied or	3384
delivered, measured in units per one thousand cubic feet:	3385

(1) Residential sales;

3386

(2) Commercial and industrial sales;

3387

(3) Other sales to public authorities;

3388

(4) Interdepartmental sales;

3389

(5) Sales for resale;

3390

(6) Transportation of gas.

3391

Sec. 6111.46. (A) The environmental protection agency shall	3392
exercise general supervision of the treatment and disposal of	3393
sewage and industrial wastes and the operation and maintenance of	3394
works or means installed for the collection, treatment, and	3395
disposal of sewage and industrial wastes. Such general supervision	3396
shall apply to all features of construction, operation, and	3397
maintenance of the works or means that do or may affect the proper	3398
treatment and disposal of sewage and industrial wastes.	3399

(B)(1) The agency shall investigate the works or means	3400
employed in the collection, treatment, and disposal of sewage and	3401
industrial wastes whenever considered necessary or whenever	3402
requested to do so by local health officials and may issue and	3403
enforce orders and shall adopt rules governing the operation and	3404
maintenance of the works or means of treatment and disposal of	3405
such sewage and industrial wastes. In adopting rules under this	3406
section, the agency shall establish standards governing the	3407
construction, operation, and maintenance of the works or means of	3408
collection, treatment, and disposal of sewage that is generated at	3409
recreational vehicle parks, recreation camps, combined park-camps,	3410
and temporary park-camps that are separate from such standards	3411
relative to manufactured home parks.	3412

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

3413

(a) "Manufactured home parks" has the same meaning as in	3414
section ~~3733.01~~4781.01 of the Revised Code.	3415

(b) "Recreational vehicle parks," "recreation camps,"	3416
"combined park-camps," and "temporary park-camps" have the same	3417
meanings as in section 3729.01 of the Revised Code.	3418

(C) The agency may require the submission of records and data	3419
of construction, operation, and maintenance, including plans and	3420
descriptions of existing works or means of treatment and disposal	3421
of such sewage and industrial wastes. When the agency requires the	3422
submission of such records or information, the public officials or	3423
person, firm, or corporation having the works in charge shall	3424
comply promptly with that order.	3425

Section 2. That existing sections 1901.18, 1909.11, 1923.01,	3426
1923.02, 1923.061, 1923.15, 2305.01, 3701.83, 3709.085, 3709.09,	3427
3709.092, 3729.01, 3733.02, 3733.021, 3733.022, 3733.024,	3428
3733.025, 3733.03, 3733.04, 3733.05, 3733.06, 3733.08, 3733.09,	3429
3733.091, 3733.10, 3733.101, 3733.11, 3733.12, 3733.121, 3733.122,	3430
3733.123, 3733.13, 3733.14, 3733.15, 3733.16, 3733.17, 3733.18,	3431
3733.19, 3733.20, 3733.41, 3733.99, 3781.06, 4503.061, 4503.062,	3432
4517.01, 4517.04, 4517.09, 4517.10, 4517.12, 4517.13, 4517.14,	3433
4517.23, 4517.24, 4517.44, 4743.05, 4781.01, 4781.04, 4781.07,	3434
4781.10, 4781.14, 4781.15, 4781.99, 4905.90, and 6111.46, and	3435
sections 3733.01, 3733.031, 3733.07, and 4517.49 of the Revised	3436
Code are hereby repealed.	3437

Section 3. Except as provided in this section, Sections 1 and	3438
2 of this act shall take effect on July 1, 2011.	3439

(A) The amendment by Sections 1 and 2 of this act of sections	3440
3733.11, 4781.10, 4781.14, and 4781.15 of the Revised Code and the	3441
enactment by Section 1 of this act of sections 2323.05, 3733.111,	3442
4781.121, and 4781.60 of the Revised Code take effect on the	3443
ninety-first day after this act is filed with the Secretary of	3444
State.	3445

(B) The amendment by Sections 1 and 2 of this act of sections	3446
4517.01, 4517.04, 4517.09, 4517.10, 4517.12, 4517.13, 4517.14,	3447
4517.23, 4517.24, and 4517.44 of the Revised Code and the repeal	3448
by Section 2 of this act of section 4517.49 of the Revised Code	3449
take effect on the ninety-first day after this act is filed with	3450
the Secretary of State, or on July 1, 2010, whichever is later.	3451

Section 4. That sections 3733.11 and 4781.10 be amended and	3452
sections 3733.11 (4781.40) and 3733.111 (4781.53) of the Revised	3453
Code be amended for the purpose of adopting a new section number	3454
as indicated in parentheses, to read as follows:	3455

Sec. 4781.10. (A)(1) The manufactured homes commission may	3456
establish programs and requirements for continuing education for	3457
manufactured housing installers. The commission shall not require	3458
licensees to complete more than eight credit hours of continuing	3459
education during each license period. If the commission	3460
establishes a program of continuing education, it shall require	3461
that only courses that the commission preapproves be accepted for	3462
licensure credit, and unless an extension is granted pursuant to	3463
division (D) of this section, that all credit hours be	3464
successfully completed prior to the expiration of the installer's	3465
license.	3466

(2) The manufactured homes commission shall establish by rule	3467
programs of continuing education for manufactured home park	3468
operators and shall approve by rule any courses offered through	3469
those programs. The rules the commission adopts shall specify that	3470
the courses shall be developed by the Ohio manufactured homes	3471
association in consultation with the association of manufactured	3472
home residents of Ohio, or any other entity the commission	3473
designates by rule. The courses shall be designed to fulfill the	3474
license renewal requirements of section ~~3733.03~~4781.27 of the	3475
Revised Code of eight hours of continuing education and shall be	3476
presented by the Ohio manufactured homes association, or any other	3477
entity the commission designates by rule, as the course provider.	3478
Certified completion of the course shall fulfill the continuing	3479
education requirement of license renewal.	3480

(B) To provide the resources to administer continuing	3481
education programs, the commission may establish nonrefundable	3482
fees, including any of the following:	3483

(1) An application fee not to exceed one hundred fifty	3484
dollars charged to the sponsor of each proposed course;	3485

(2) A renewal fee not to exceed seventy-five dollars, charged	3486
to the sponsor of each course, for the annual renewal of course	3487
approval;	3488

(3) A course fee charged to the sponsor of each course	3489
offered, not to exceed five dollars per credit hour, for each	3490
person completing an approved course;	3491

(4) A student fee charged to licensees, not to exceed fifty	3492
dollars, for each course or activity a student submits to the	3493
commission for approval.	3494

(C) The commission may adopt reasonable rules not	3495
inconsistent with this chapter to carry out any continuing	3496
education program, including rules that govern the following:	3497

(1) The content and subject matter of continuing education	3498
courses;	3499

(2) The criteria, standards, and procedures for the approval	3500
of courses, course sponsors, and course instructors;	3501

(3) The methods of instruction;

3502

(4) The computation of course credit;

3503

(5) The ability to carry forward course credit from one year	3504
to another;	3505

(6) Conditions under which the commission may grant a waiver	3506
or variance from continuing education requirements on the basis of	3507
hardship or other reasons;	3508

(7) Procedures for compliance with the continuing education	3509
requirements and sanctions for noncompliance.	3510

(D) The commission shall not renew the license of any person	3511
who fails to satisfy any continuing education requirement that the	3512
commission establishes. The commission may, for good cause, grant	3513
an extension of time to comply with the continuing education	3514
requirements. Any installer who is granted an extension and	3515
completes the continuing education requirements within the time	3516
the commission establishes is deemed in compliance with the	3517
education requirements. The license of any person who is granted	3518
an extension shall remain in effect during the period of the	3519
extension.	3520

~~Sec. 3733.11.~~ Sec. 4781.40. (A)(1) A manufactured home park	3521
operator shall offer each home owner a written rental agreement	3522
for a manufactured home park lot for a term of one year or more	3523
that contains terms essentially the same as any alternative	3524
month-to-month rental agreement offered to current and prospective	3525
tenants and owners. The park operator shall offer the minimum	3526
one-year rental agreement to the owner prior to installation of	3527
the home in the manufactured home park or, if the home is in the	3528
manufactured home park, prior to the expiration of the owner's	3529
existing rental agreement.	3530

(2) The park operator shall deliver the offer to the owner by	3531
certified mail, return receipt requested, or in person. If the	3532
park operator delivers the offer to the owner in person, the owner	3533
shall complete a return showing receipt of the offer. If the owner	3534
does not accept the offer, the park operator is discharged from	3535
any obligation to make any further such offers. If the owner	3536
accepts the offer, the park operator shall, at the expiration of	3537
each successive rental agreement, offer the owner another rental	3538
agreement, for a term that is mutually agreed upon, and that	3539
contains terms essentially the same as the alternative	3540
month-to-month agreement. The park operator shall deliver	3541
subsequent rental offers by ordinary mail or personal delivery. If	3542
the park operator sells the manufactured home park to another	3543
manufactured home park operator, the purchaser is bound by the	3544
rental agreements entered into by the purchaser's predecessor.	3545

(B) A park operator shall fully disclose in writing all fees,	3546
charges, assessments, including rental fees, and rules prior to a	3547
tenant or owner executing a rental agreement and assuming	3548
occupancy in the manufactured home park. No fees, charges,	3549
assessments, or rental fees so disclosed may be increased nor	3550
rules changed by a park operator without specifying the date of	3551
implementation of the changed fees, charges, assessments, rental	3552
fees, or rules, which date shall be not less than thirty days	3553
after written notice of the change and its effective date to all	3554
tenants or owners in the manufactured home park, and no fee,	3555
charge, assessment, or rental fee shall be increased during the	3556
term of any tenant's or owner's rental agreement. Failure on the	3557
part of the park operator to fully disclose all fees, charges, or	3558
assessments shall prevent the park operator from collecting the	3559
undisclosed fees, charges, or assessments. If a tenant or owner	3560
refuses to pay any undisclosed fees, charges, or assessments, the	3561
refusal shall not be used by the park operator as a cause for	3562
eviction in any court.	3563

(C) A park operator shall promulgate rules governing the	3564
rental or occupancy of a lot in the manufactured home park. The	3565
rules shall not be unreasonable, arbitrary, or capricious. A copy	3566
of the rules and any amendments to them shall be delivered by the	3567
park operator to the tenant or owner prior to signing the rental	3568
agreement. A copy of the rules and any amendments to them shall be	3569
posted in a conspicuous place upon the manufactured home park	3570
grounds.	3571

(D) No park operator shall require an owner to purchase from	3572
the park operator any personal property. The park operator may	3573
determine by rule the style or quality of skirting, equipment for	3574
tying down homes, manufactured or mobile home accessories, or	3575
other equipment to be purchased by an owner from a vendor of the	3576
owner's choosing, provided that the equipment is readily available	3577
to the owner. Any such equipment shall be installed in accordance	3578
with the manufactured home park rules.	3579

(E) No park operator shall charge any owner who chooses to	3580
install an electric or gas appliance in a home an additional fee	3581
solely on the basis of the installation, unless the installation	3582
is performed by the park operator at the request of the owner, nor	3583
shall the park operator restrict the installation, service, or	3584
maintenance of the appliance, restrict the ingress or egress of	3585
repairpersons to the manufactured home park for the purpose of	3586
installation, service, or maintenance of the appliance, nor	3587
restrict the making of any interior improvement in a home, if the	3588
installation or improvement is in compliance with applicable	3589
building codes and other provisions of law and if adequate utility	3590
services are available for the installation or improvement.	3591

(F) No park operator shall require a tenant to lease or an	3592
owner to purchase a manufactured or mobile home from the park	3593
operator or any specific person as a condition of or prerequisite	3594
to entering into a rental agreement.	3595

(G) No park operator shall require an owner to use the	3596
services of the park operator or any other specific person for	3597
installation of the manufactured or mobile home on the residential	3598
premises or for the performance of any service.	3599

(H) No park operator shall:

3600

(1) Deny any owner the right to sell the owner's manufactured	3601
home within the manufactured home park if the owner gives the park	3602
operator ten days' notice of the intention to sell the home;	3603

(2) Require the owner to remove the home from the	3604
manufactured home park solely on the basis of the sale of the	3605
home;	3606

(3) Unreasonably refuse to enter into a rental agreement with	3607
a purchaser of a home located within the operator's manufactured	3608
home park;	3609

(4) Charge any tenant or owner any fee, charge, or	3610
assessment, including a rental fee, that is not set forth in the	3611
rental agreement or, if the rental agreement is oral, is not set	3612
forth in a written disclosure given to the tenant or owner prior	3613
to the tenant or owner entering into a rental agreement;	3614

(5) Charge any owner any fee, charge, or assessment because	3615
of the transfer of ownership of a home or because a home is moved	3616
out of or into the manufactured home park, except a charge for the	3617
actual costs and expenses that are incurred by the park operator	3618
in moving the home out of or into the manufactured home park, or	3619
in installing the home in the manufactured home park and that have	3620
not been reimbursed by another tenant or owner.	3621

(6) Prohibit the indoor or outdoor display either of a for	3622
sale sign by an owner on that owner's lot, including a sign that	3623
indicates the owner is offering the property for sale by owner, or	3624
of a political sign by a tenant or owner on that tenant's or	3625
owner's lot, if the tenant or owner displaying the sign complies	3626
with all applicable sections of the Revised Code and all	3627
applicable municipal and county ordinance and resolutions	3628
regulating the display of such a sign. As used in this section,	3629
"political sign" means a sign that advertises, promotes, endorses,	3630
or opposes an issue that has been certified to appear on the	3631
ballot, or a candidate whose name has been certified to appear on	3632
the ballot, at the next general, special, or primary election.	3633

(I) If the park operator violates any provision of divisions	3634
(A) to (H) of this section, the tenant or owner may commence a	3635
civil action against the park operator for either or both of the	3636
following:	3637

(1) The greater of twenty-five dollars or the actual damages	3638
resulting from the violation, and, if the tenant or owner obtains	3639
a judgment, reasonable attorneys' fees;	3640

(2) Termination of the rental agreement.

3641

(J) No rental agreement shall require a tenant or owner to	3642
sell, lease, or sublet the tenant's or owner's interest in the	3643
rental agreement or the manufactured or mobile home that is or	3644
will be located on the lot that is the subject of the rental	3645
agreement to any specific person or through any specific person as	3646
the person's agent.	3647

(K) No park operator shall enter into a rental agreement with	3648
the owner of a manufactured or mobile home for the use of	3649
residential premises, if the rental agreement requires the owner	3650
of the home, as a condition to the owner's renting, occupying, or	3651
remaining on the residential premises, to pay the park operator or	3652
any other person specified in the rental agreement a fee or any	3653
sum of money based on the sale of the home, unless the owner of	3654
the home uses the park operator or other person as the owner's	3655
agent in the sale of the home.	3656

(L) A park operator and a tenant or owner may include in a	3657
rental agreement any terms and conditions, including any term	3658
relating to rent, the duration of an agreement, and any other	3659
provisions governing the rights and obligations of the parties	3660
that are not inconsistent with or prohibited by sections 3733.09	3661
to 3733.20 of the Revised Code or any other rule of law.	3662

(M) Notwithstanding any other provision of the Revised Code,	3663
the owner of a manufactured or mobile home may utilize the	3664
services of a manufactured housing dealer or broker licensed under	3665
Chapter 4517. of the Revised Code or a person properly licensed	3666
under Chapter ~~4735.~~4781. of the Revised Code to sell or lease the	3667
home.	3668

~~Sec. 3733.111.~~ Sec. 4781.53. (A) Within ten days after a	3669
manufactured home park is offered for sale, the operator of that	3670
park shall notify the manufactured homes commission and advise it	3671
of that sale. The commission promptly shall notify persons that	3672
are interested in the sale or purchase of manufactured home parks,	3673
including persons included on the list the commission develops	3674
pursuant to section 4781.60 of the Revised Code.	3675

(B) At any time a manufactured home park is being sold or	3676
converted for a use other than as a manufactured home park, the	3677
operator shall do both of the following:	3678

(1) Provide each tenant and owner with written notice of the	3679
sale or conversion of the park. The notice shall be delivered by	3680
certified mail, return receipt requested, or by personal delivery.	3681
If the park operator delivers the notice in person, the operator	3682
shall have the recipient complete a return showing receipt of the	3683
notice. The notice shall include the date by which the tenant or	3684
owner must vacate, which for tenants shall be at least one hundred	3685
twenty days after receipt of the written notice and for owners	3686
shall be at least one hundred eighty days after receipt of the	3687
written notice.	3688

(2) Pay relocation expenses to owners of homes in an amount	3689
the commission establishes by rule pursuant to section 4781.60 of	3690
the Revised Code.	3691

(C) Within ten days after a mortgagee files to initiate a	3692
foreclosure action against a manufactured home park, the mortgagee	3693
shall provide written notice of that filing to the manufactured	3694
homes commission and a copy of that notice to the court, as	3695
section 2323.05 of the Revised Code requires.	3696

Section 5. That existing sections 3733.11, 3733.111, and	3697
4781.10 of the Revised Code are hereby repealed.	3698

Section 6. Sections 4 and 5 of this act take effect on July	3699
1, 2011.	3700

Section 7. That Section 745.20 of Am. Sub. H.B. 1 of the	3701
128th General Assembly be amended to read as follows:	3702

Sec. 745.20. Notwithstanding section 4781.16 of the Revised	3703
Code, any person licensed as a new motor vehicle dealer, used	3704
motor vehicle dealer, manufactured homes broker, or salesperson	3705
under Chapter 4517. of the Revised Code on June 30, 2010, may	3706
continue, subject to Chapter 4781. of the Revised Code, to engage	3707
in the business of displaying, selling at retail, or brokering	3708
manufactured homes or mobile homes under the authority of such	3709
license until the license expires or until the manufactured homes	3710
commission issues or denies the person a manufactured housing	3711
dealer's license, manufactured housing broker's license, or	3712
manufactured housing salesperson's license under Chapter 4781. of	3713
the Revised Code, whichever occurs earlier.	3714

Section 8. That existing Section 745.20 of Am. Sub. H.B. 1 of	3715
the 128th General Assembly is hereby repealed.	3716

Section 9. Sections 7 and 8 of this act take effect on the	3717
ninety-first day after this act is filed with the Secretary of	3718
State, or on July 1, 2010, whichever is later.	3719

Section 10. On or about July 1, 2011, the Director of Budget	3720
and Management shall transfer cash from the general operations	3721
fund created in section 3701.83 of the Revised Code, which has	3722
been collected pursuant to sections 3733.02 to 3733.08 of the	3723
Revised Code, to the occupational licensing and regulatory fund	3724
created in section 4743.05 of the Revised Code. Moneys so	3725
transferred shall be used only for the purpose of administering	3726
sections 4781.26 to 4781.35 of the Revised Code.	3727

Section 11. The General Assembly, applying the principle	3728
stated in division (B) of section 1.52 of the Revised Code that	3729
amendments are to be harmonized if reasonably capable of	3730
simultaneous operation, finds that the following sections,	3731
presented in this act as composites of the sections as amended by	3732
the acts indicated, are the resulting versions of the sections in	3733
effect prior to the effective date of the sections as presented in	3734
this act:	3735

Sections 1923.01 and 1923.02 of the Revised Code as amended	3736
by both Sub. H.B. 56 and Am. Sub. S.B. 10 of the 127th General	3737
Assembly.	3738